Richard Chused

Professor of Law

Richard Chused

Curriculum Vitae

Professor Chused is a prolific scholar and an expert on property law, gender and American legal history, copyright law, and cyberlaw. He joined the New York Law School faculty in 2008 after spending thirty-five years teaching and writing at the Georgetown University Law Center in Washington, DC. During 2004–05, he received a Senior Scholar Fulbright Grant to teach at the Law Faculty of the Hebrew University in Jerusalem. From 2009 to 2011 he served on a Peer Review Committee that made recommendations on grant applications for the Fulbright Program in the Middle East. Professor Chused also is a member of various history and legal history associations. He served on the Board of Governors of the Society of American Law Teachers for twelve years and as its webmaster for ten.

He has published numerous books and articles on the legal history of gender and property law, and teaching texts in copyright and property. His published work includes a history of Marini v. Ireland—the best known New Jersey landlord-tenant reform case, the third edition of his property text book published by Lexis, Mt. Laurel: Hindsight is 20-20, an article contending that the famous land-use case was in some ways wrongly decided, Courts and Temperance “Ladies”, a legal history piece about temperance women and their experiences in the courts of Ohio in the 1870s,Impoverished Tenants in Twentieth Century America, a chapter in a comparative law anthology on landlord-tenant law, Rewrite Copyright: Protecting Creativity and Social Utility in the Digital Age, an article on copyright law in the digital age, the definitive history of the famous landlord-tenant case Javins v. First National Realty Corporation, and an historical essay on Myra Bradwell’s Chicago Legal News. He is presently working on a large text on gender and law in American history.

His wife, Elizabeth Langer, is an artist working in a variety of media including paint, collage and print making. Their older son, Benjamin Chused, works at EMC, Inc. outside of Boston; their younger son, Sam Langer, works at PHD, a public relations firm in New York City.

While at Georgetown Professor Chused worked on two large web projects that continue to be maintained by that institution.

The Javins Project

Professor Chused published a long history of the famous landlord-tenant case of Javins v. First National Realty Corporation. Judge J. Skelly Wright’s opinion in the case, Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1971), was the first to recognize that an implied warranty of habitability defense was available to tenants sued for possession for non-payment of rent. It is a staple of first year courses in property. Chused’s article, Saunders (a.k.a. Javins) v. First National Realty Corporation, 11 Georgetown Journal on Poverty Law and Policy 191-247 (2004), provides detailed information on the political, social and racial issues in the case, as well as previously unavailable details about the lengthy course of the litigation. An abridged version of the paper is in Gerald Korngold & Andrew Morriss (eds.), Property Stories 123-170 (2d Ed. 2009). As part of the project and with the help of the Williams Library at Georgetown University Law Center, Chused gathered all of the papers in the various legal proceedings. Copies of those papers (now housed in Special Collections at the Williams Library at Georgetown University Law Center), together with some pictures and commentary, are available on a site maintained by the library.

The Gender and Legal History Paper Project

During his long tenure on the faculty at Georgetown University Law Center Professor Chused taught a seminar in Gender and Law in American History. Many of the students in that class agreed to allow copies of their seminar papers to be distributed to educators, students and historians on request. The papers are a rich source for those interested in the variety of ways gender has been a subject of legal concern. Summaries of the available papers and instructions for obtaining copies are available on a site which is now maintained by Special Collections in the Williams Library at Georgetown University Law Center. Anyone with questions may also contact Professor Chused at New York Law School.

Works in Progress:

Gender and Law in American History [With Professor Wendy W. Williams. Under contract with Oxford University Press.]

The Legal Culture of Appropriation Art

Completed and Published Work:

Legal History (Property):

Marini v. Ireland: Protecting Low Income Renters by Judicial Shock Therapy, in
PAUL TRACTENBURG (ED.), NEW JERSEY GOES A’COURTING: TEN LEGAL CASES
THAT SHOOK THE NATION (Rutgers University Press 2013)

The Roots of Jack Spring v. Little, 40 JOHN MARSHALL L. REV. 395 (2007).

Impoverished Tenants in Twentieth Century America, in SUSAN BRIGHT (ED.), LANDLORD AND TENANT LAW: PAST, PRESENT AND FUTURE 257-276 (Hart Pub. 2006).

Javins (a.k.a. Saunders) v. First National Realty Corporation, 11 GEO. J. ON POVERTY
L. & POLICY 191-247 (2004). (Lead article in Tenth Anniversary Symposium) [Unabridged version] http://articleworks.cadmus.com/geolaw/z5800204.html

Javins (a.k.a. Saunders) v. First National Realty Corporation, in GERALD KORNGOLD & ANDREW P. MORRISS (EDS.), PROPERTY STORIES 121-168 (Foundation Press 2004) and PROPERTY STORIES 2ND ED. 123-170 (Foundation Press 2009) [Abridged Version]

The Javins Project Web Site: I built this web site as a companion to the Javins (a.k.a.
Saunders) article published in GEO. J. ON POVERTY L. & POLICY in 2004. The site contains additional information on the case, copies of all the court documents in the litigation from both the District of Columbia and federal courts, and pictures of the apartment complex involved in the dispute. The site now is maintained by the Georgetown University Law Library, which provided invaluable assistance in gathering many of the documents I used in writing the article. The Javins Project may be found at: http://www.law.georgetown.edu/library/collections/javins/index.cfm.

Euclid’s Historical Imagery, 51 CASE WESTERN RESERVE L. REV. 597 (2001)[Lead article in symposium marking the 75th anniversary of the Supreme Court decision in Euclid v. Ambler.]

Landlord-Tenant Court in New York City at the Turn of the Nineteenth Century, in WILLIBALD STEINMETZ (ED.), PRIVATE LAW AND SOCIAL INEQUALITY IN THE INDUSTRIAL AGE: COMPARING LEGAL CULTURES IN BRITAIN, FRANCE, GERMANY AND THE UNITED STATES OF AMERICA 411-434 (Oxford Univ. Press 2000).

Legal History (Gender):

Courts and Temperance “Ladies,” Ch. 1 in TRACY A. THOMAS & TRACEY JEAN
BOISSEAU (EDS.), FEMINIST LEGAL HISTORY 33-51 (N.Y.U. Press 2011) [Abridged Version]

Courts and Temperance “Ladies,” 21 YALE J. L. & FEMINISM 339 (2010) [Unabridged Version]

A Brief History of Gender Law Journals: The Heritage of Myra Bradwell’s Chicago
Legal News, 12 COLUM. J. GENDER & L. 421 (2003).

The Spousal Letters of Samuel R. Thurston (with James Perry & Mary DeLano) 96 ORE. HIST. Q. 4 (1995).

History’s Double Edge: A Comment on Modernization of Marital Status Law, 82 GEO. L. J. 2213 (1994).

PRIVATE ACTS IN PUBLIC PLACES: A SOCIAL HISTORY OF DIVORCE IN THE FORMATIVE ERA OF AMERICAN FAMILY LAW (U. Pa. Press 1994).

Gendered Space, 42 U. FLA. L. REV. 125-161 (1990).

Married Women’s Property and Inheritance by Widows in Massachu-setts: A Study of Wills Probated Between 1800 and 1850, 2 BERKELEY WOMEN’S L. J. 42-88 (1986).

Late Nineteenth Century Married Women’s Property Law: Reception of the Early Married Women’s Property Acts by Courts and Legislatures, 29 AM. J. LEG. HIST. 3-35 (1985). [Reprinted in NANCY COTT (ED.), 3 HISTORY OF WOMEN IN THE UNITED STATES: HISTORICAL ARTICLES ON WOMEN'S LIVES AND ACTIVITIES—DOMESTIC RELATIONS AND LAW 312 (1992)] http://www.jstor.org/discover/10.2307/844982?uid=2&uid=4&sid=21102492844837

The Oregon Donation Act of 1850 and Nineteenth Century Federal Married Women’s Property Law, 2 LAW & HIST. REV. 44-78 (1984).

Married Women’s Property Law: 1800-1850, 71 GEO. L. J. 1359-1425 (1983). [Reprinted in NANCY COTT (ED.), 3 HISTORY OF WOMEN IN THE UNITED STATES: HISTORICAL ARTICLES ON WOMEN'S LIVES AND ACTIVITIES—DOMESTIC RELATIONS AND LAW 312 (1992); K. HALL (ED.), UNITED STATES CONSTITUTIONAL AND LEGAL HISTORY (1987).]

The Gender and Legal History Paper Project Web Site: During my long tenure on the faculty at Georgetown University Law Center I taught a seminar in Gender and Law in American History with Professor Wendy Williams. Many of the students in that class agreed to allow copies of their seminar papers to be distributed to educators, students and historians on request. The papers, now stored in the Special Collections Division of Georgetown’s Williams Law Library are a rich source of information for those interested in the variety of ways gender has been a subject of legal concern. I created a web site with summaries of the available papers and instructions for obtaining copies. The site now is maintained by the Williams Library: http://www.ll.georgetown.edu/special/glh/.

Property and Intellectual Property:

2013 SUPPLEMENT to CASES, MATERIALS AND PROBLEMS IN PROPERTY, 3RD EDITION (Matthew Bender/Lexis Publishing Company 2010) [Online publication]

Mt. Laurel: Hindsight is 20-20, 63 RUTGERS L. REV. 813 (2011) [Lead article of symposium in memory of Professor John Payne] http://www.rutgerslawreview.com/wp-content/uploads/archive/vol63/Issue3/Chused.pdf

TEACHER’S MANUAL for CASES, MATERIALS AND PROBLEMS IN PROPERTY, 3RD EDITION (Matthew Bender/Lexis Publishing Company 2011) [Online Publication]

CASES, MATERIALS AND PROBLEMS IN PROPERTY, 3RD EDITION (Matthew Bender/Lexis Publishing Company 2010)

Rewrite Copyright: Protecting Creativity and Social Utility in the Digital Age, 38 ISRAEL L. REV. 80 (2005).

TEACHER’S MANUAL for CASES, MATERIALS AND PROBLEMS IN PROPERTY 2ND EDITION (Mathew Bender and Company, Inc. 1999).

CASES, MATERIALS AND PROBLEMS IN PROPERTY 2ND EDITION (Matthew Bender and Company, Inc. 1999)

A COPYRIGHT ANTHOLOGY: THE TECHNOLOGY FRONTIER (Anderson Publishing Company 1998)

Family (Proper)ty, 1 GREEN BAG 2D 125 (1998)

A PROPERTY ANTHOLOGY 2ND EDITION (Anderson Publishing Company, 1997)

CASES, MATERIALS AND PROBLEMS IN PROPERTY: 1994 SUPPLEMENT (Matthew Bender and Company, Inc. 1994)

A PROPERTY ANTHOLOGY (Anderson Publishing Company, Inc. 1993)

CASES, MATERIALS AND PROBLEMS IN PROPERTY (Matthew Bender and Company, Inc. 1988).

TEACHER’S MANUAL for CASES, MATERIALS AND PROBLEMS IN PROPERTY (Mathew Bender and Company, Inc. 1988).

A MODERN APPROACH TO PROPERTY: CASES, MATERIALS AND NOTES (Supplement) (West Publishing Co. 1980).

The Current Dilemmas of the Javins Defense: A Note on the Need for Procedural Reform in Landlord Tenant Law, 67 GEO. L. J. 1385-1403 (1979).

A MODERN APPROACH TO PROPERTY: CASES, MATERIALS AND NOTES (West Publishing Co. 1978).

Discrimination:

The Hiring and Retention of Minority and Women Faculty on American Law School Faculties, 137 U. PA. L. REV. 537-569 (1988).

Faculty Parenthood: Law School Treatment of Pregnancy and Child Care, 35 J. LEGAL ED. 568-596 (1985).

ENFORCING EQUALITY IN HOUSING AND EMPLOYMENT THROUGH STATE CIVIL RIGHTS LAWS (1971) (With Professors Askin and Blumrosen).

ENFORCING FAIR HOUSING LAWS: APARTMENTS IN WHITE SUBURBIA (1970) (With
Professors Askin and Blumrosen).

Criminal Justice and Mental Health:

Faretta and the Personal Defense: The Role of a Represented Defendant in Trial
Tactics, 65 CAL. L. REV. 636-685 (1977). http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2410&context=californialawreview

The Juvenile Court Process: A Study of Three New Jersey Counties, 26 RUTGERS L. REV. 488-615 (1973).

Due Process For All–Constitutional Standards For Involuntary Civil Commitment and Release, 34 U. CHI. L. REV. 633-660 (1967) [Student Note].

HANS WALTER MATTICK & RICHARD H. CHUSED, THE MISDEMEANANT OFFENDER
(CENTER OF STUDIES IN CRIMINAL JUSTICE, UNIVERSITY OF CHICAGO LAW SCHOOL, 1967) [Unpublished study for Professional Conference of the Illinois Committee of the National Council on Crime and Delinquency, held on April 26, 1967 at the U.S. Court House, Room 2200, Chicago, Illinois]

Book Reviews:

Numerous reviews in various journals, including LAW AND HISTORY REVIEW, THE AMERICAN HISTORICAL REVIEW, THE AMERICAN JOURNAL OF LEGAL HISTORY, THE JOURNAL OF AMERICAN HISTORY, THE CANADIAN HISTORICAL REVIEW and THE JOURNAL OF WOMEN’S HISTORY.

Reflection:

In Memoriam: Professor Frank Flegal, 81 GEO. L. J. 1691 (1993).

Opening Remarks as Co-Convenor (with Tamar Belinfanti), Symposium: Exploring
Civil Society Through the Writings of Dr. Seuss, New York Law School (March 1, 2013) [To be Published in New York Law School Law Review in 2014]

Recent Presentations and Conference Proceedings:

The Shack Case: Derelict or Prophet, American University Conference on Poverty
Law (Oct. 25, 2013).

History of Infanticide in America at the Turn of the Nineteenth Century, New York Family Law Scholars Workshop (Oct. 4, 2013).

Landlord-Tenant Law in the 1960s and 1970s, presented at the Conference on New York City’s Housing Court at 40: Controversies, Challenges, and Prospects for the Future, Sponsored by the Association of Housing Court Judges, New York University Furman Center for Real Estate and Urban Policy, and the New York City Bar Association, at the New York City Bar (March 11, 2013).

Opening Remarks as Co-Convenor (with Tamar Belinfanti), Symposium: Exploring
Civil Society Through the Writings of Dr. Seuss, New York Law School (March 1, 2013) [Both my remarks and the symposium are available online at http://www.youtube.com/watch?v=1GmDjtMPm4o&list=PLsvNIdbl_FRhOE84hwKz8MOMru0SApfE0&index=1]

Workshop Presentation on the Culture and Law of Appropriation Art, Benjamin Cardozo School of Law (Nov. 13, 2012); Georgetown University Law Center (Oct. 11, 2012); Suffolk Law School (Apr. 13, 2012).

Rights, Obligations and Property Law, Gifford Distinguished Lectureship in Real Property, University of Hawaii William S. Richardson School of Law, Honolulu, HI (Nov. 3, 2011).

Panel Discussant, The Methodology of Feminist Legal History, Berkshire Conference on the History of Women (June, 2011).

Allan Axelrod Visiting Scholar, Rutgers University School of Law, Newark, History of Landlord-Tenant Law in New Jersey (Mar. 2010).

Paper Presenter, The Roots of Jack Spring v. Little at Conference on “What King Wrought?”: The Impact of the Summer of 1966 on Housing Rights, John Marshall Law School (Sep. 2006).

Paper Presenter, Conference on Landlord and Tenant Law: Past, Present and Future, New College in Oxford University, England (2005)

Participant, Workshop on the American Law Institute’s Principles of the Law of Family Dissolution: Analysis and Recommendations, Woodrow Wilson International Center for Scholars (May 20, 2003),http://wwics.si.edu/topics/docs/ALI%20at%20WWIC%20-%20Transcript.pdf (Visited Nov. 6, 2006)

Paper Presenter, Conference on Private Law and Social Inequality in the Industrial Age, German Historical Institute, London, England (1995).