Richard Chused

Professor of Law

Richard Chused

Curriculum Vitae

Professor Chused is a prolific scholar and an expert on copyright law and related subjects, property law and its history, and gender and law in American history. He joined the New York Law School faculty in 2008 after spending thirty-five years teaching and writing at 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 property, copyright, family law, the legal history of both gender and property law, and teaching texts in copyright, property, and legal history. His most recent work includes Gendered Law in American History, a large teaching text on gender and law in American history scheduled for publication this year, Appropriate(d) Moments, a review of the history of surreptitious photography, the impact of digital distribution of images, and the shortcomings of contemporary privacy law, and The Legal Culture of Appropriation Art: The Future of Copyright in the Remix Age in which he discusses the history of appropriation art and recommends substantial revisions of copyright law in light of the impact of the digital age. Appropriate(d) Moments was named one of the best articles on entertainment and art law published in 2015. He is presently working on the third article in this “appropriation series”: a piece on the history of and problems with contemporary publicity rights law. Among his other writings is the definitive history of the famous landlord-tenant case Javins v. First National Realty Corporation, 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, and an historical essay on Myra Bradwell’s Chicago Legal News.

His wife, Elizabeth Langer, is an artist working in a variety of media including oil and acrylic paint, collage, and printmaking. Their older son, Benjamin Chused, creates strategic marketing plans for EMC, Inc., a converged infrastructure firm outside of Boston supplying turn-key computer, network and storage systems to large enterprises; their younger son, Sam Langer, works at the New York office of Vizeum, an international public relations firm.

While at Georgetown University Law Center Professor Chused worked on two large web projects that continue to be maintained by that institution’s library. One contains court documents and other materials in Javins v. First National Realty Corporation. (http://www.law.georgetown.edu/library/collections/javins/index.cfm) The other provides access to a large collection of student papers written in the Law and Gender in American History seminar he taught there for many years. (http://www.law.georgetown.edu/library/collections/gender-legal-history/index.cfm)

Work in Progress:

Appropriate(d) Personas [Inquiry into publicity rights history, its scope, and the impact of
technology; third in a series of articles on appropriation in the modern world.]

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)

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

The Roots of Jack Spring v. Little, 40 John Marshall L. Rev. 395 (2007). http://repository.jmls.edu/cgi/viewcontent.cgi?article=1272&context=lawreview

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] https://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):

Gendered Law in American History (2016) (Carolina Academic Press 2016) (With Professor Wendy W. Williams)

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 Massachusetts: A Study of Wills Probated Between 1800 and 1850, 2 Berkeley Women’s L. J. 42-88 (1986) http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1010&context=bglj

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:

2016 Updates to Cases, Materials and Problems in Property, 3rd Edition (2010): 2016 Supplement, 2016 Teacher’s Manual, 2016 Additional Chapter on Estates in Land, 2016 Teacher’s Manual for Additional Chapter on Estates in Land (Carolina Academic Press) [Online publications]

2013 Supplement to Cases, Materials and Problems in Property, 3rd Edition (Matthew Bender/Lexis Publishing Company 2010) [Online publication]

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)

Teacher’s Manual for Cases, Materials and Problems in Property 2nd Edition (Mathew Bender & Company, Inc. 1999)

Cases, Materials and Problems in Property 2nd Edition (Matthew Bender & Company, Inc. 1999)

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 & 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)

Intellectual Property:

Appropriate(d) Moments, 26 Fordham Intell. Prop., Media & Ent. L. J. 103 (2015). [Selected for inclusion in the 2016 edition of the Entertainment, Publishing and the Arts Handbook, an anthology published annually by Thomson Reuters (West), as one of the best articles of 2015 related to entertainment, publishing and/or the arts] http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1612&context=iplj

The Legal Culture of Appropriation Art: The Future of Copyright in the Remix Age, 17 Tulane J. Tech. & Intell. Prop. 163 (2014).

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

A Copyright Anthology: The Technology Frontier (Anderson Publishing Company 1998)

Discrimination:

The Hiring and Retention of Minority and Women Faculty on American Law School Faculties, 137 U. Pa. L. Rev. 537-569 (1988) http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3831&context=penn_law_review

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

Reflections and Essays:

Dream Vignettes, 59 N.Y.L.S. L. Rev 111 (2015) [Part of a symposium issue on the 50th anniversary of Martin Luther King’s I Have a Dream Speechhttp://www.nylslawreview.com/wp-content/uploads/sites/16/2015/02/Volume-59-1.Chused.pdf

Dr. Seuss as a Vehicle: An Introduction, 58 N.Y.L.S. Law Rev. 495 (2014) [Introduction to Symposium on Exploring Civil Society Through the Writings of Dr. Seuss Held March 1, 2013. The video version is available at: http://www.nylslawreview.com/dr-seuss-program/. The printed essay is at: http://www.nylslawreview.com/wp-content/uploads/sites/16/2014/05/Volume-58-3.Chused.pdf]

Family (Proper)ty, 1 Green Bag 2d 125 (1998) [http://www.greenbag.org/v1n2/v1n2_articles_chused.pdf]

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

Blogs:

(www.richardchused.org)

Wall Street and “Contracts for Deed” (May 25, 2016)

Racism in Cook County Courts (April 28, 2016)

Recent Presentations and Conference Proceedings:

Visiting Scholar and Speaker:

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

Allan Axelrod Visiting Scholar, Rutgers-Newark University School of Law, (Mar. 2010)

Speeches and Presentations:

Panel Member, Protecting Your Share, Respecting What’s Fair: Sampling and Co-Authorship in Pop, Urban and Dance Music—Relevant Legal Precedent and Practical Legal Tips for Songwriters, Artists and Producers, Sponsored by the New York State Bar Association, Entertainment, Arts & Sports Law Section Diversity Committee and the Metropolitan Black Bar Association, New York, NY (March 23, 2016)

Appropriate(d) Moments, Fordham University School of Law (Nov. 12, 2015); New York Family Law Scholars Workshop, Benjamin N. Cardozo School of Law School (May 7, 2015)

Dream Vignettes, Presenter at Panel Discussion on Selma: Fifty Years Later, Master Apartments, New York City (May 13, 2015)

The Shack Case: Derelict or Prophet, Conference on Poverty Law: Cases, Teaching and Scholarship, American University Washington College of Law, Washington, DC (Oct. 25, 2013)

History of Infanticide in America at the Turn of the Nineteenth Century, New York Family Law Scholars Workshop, Benjamin N. Cardozo School of Law (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-Convener (with Tamara 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.nylslawreview.com/dr-seuss-program/.]

Workshop Presentation on the Culture and Law of Appropriation Art, Parsons School of Design (Feb. 4, 2014) [Most of the Parsons presentation is online at: http://www.youtube.com/watch?v=2xQsjNBUIZA, and http://www.youtube.com/watch?v=Wwjg5J_7r44.]; 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)

History of Landlord-Tenant Law in New Jersey, Allan Axelrod Visiting Scholar, Rutgers-Newark University School of Law, (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). A summary of the gathering may be found at http://www.wilsoncenter.org/event/conference-workshop-the-american-law-institutes-iprinciples-the-law-family-dissolution (Visited Aug. 6, 2013)

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