Robert Ernest Keeton (December 16, 1919 – July 2, 2007) was an

American lawyer ''The American Lawyer'' is a monthly legal magazine and website published by ALM Media. The periodical and its parent company, ALM (then American Lawyer Media), were founded in 1979 by Steven Brill.jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

, and legal

scholar A scholar is a person who pursues academic and intellectual activities, particularly academics who apply their intellectualism into expertise in an area of study. A scholar can also be an academic, who works as a professor, teacher, or researche ...

. As a

law professor A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...

and a

United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...

of the

United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was hel ...

he was known for his work on

tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...

insurance law Insurance law is the practice of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especial ...

, and practical

courtroom A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...

tactics.Hevesi, Dennis
"Robert E. Keeton, 87, Author of Influential Law Treatises, Is Dead."
''New York Times'' 4 August 2007. Keeton, with Jeffrey O'Connell of the

University of Virginia School of Law The University of Virginia School of Law (Virginia Law or UVA Law) is the law school of the University of Virginia, a public research university in Charlottesville, Virginia. It was founded in 1819 by Thomas Jefferson as part of his "academical v ...

, played a key role in the advancement of no-fault

automobile insurance Vehicle insurance (also known as car insurance, motor insurance, or auto insurance) is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injur ...

Education and legal career

Keeton was born in Clarksville,

Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...

. He was the second youngest of five children of William Keeton (who owned a general store) and Ernestine Teuton Keeton. One of his brothers,

W. Page Keeton Werdner Page Keeton (August 22, 1909 – January 10, 1999) was an attorney and dean of the University of Texas School of Law for a quarter century. Education Keeton was born in McCoy in Atascosa County, Texas the son of William Keeton and E ...

, also became a prominent lawyer and educator."In Memoriam: Robert E. Keeton, 1919–2007."
16 July 2007. University of Texas School of Law. Keeton earned his

Bachelor of Business Administration Bachelor of Business Administration (BBA) is a bachelor's degree in business administration awarded by colleges and universities after completion of undergraduate study in the fundamentals of business administration and usually including advanced ...

from the

University of Texas at Austin The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...

and his

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

from the

University of Texas School of Law The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...

. As an

undergraduate Undergraduate education is education conducted after secondary education and before postgraduate education. It typically includes all postsecondary programs up to the level of a bachelor's degree. For example, in the United States, an entry-lev ...

he became one of three students inducted into the Friar Society, an

honor society In the United States, an honor society is a rank organization that recognizes excellence among peers. Numerous societies recognize various fields and circumstances. The Order of the Arrow, for example, is the National Honor Society of the Boy Sc ...

at the University of Texas. In law school he was the assistant editor-in-chief of the ''

Texas Law Review The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications i ...

''. Keeton went into private practice with the

law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...

of Baker & Botts in

Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...

before joining the

United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

. As a

lieutenant A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a commissioned officer rank in the armed forces of many nations. The meaning of lieutenant differs in different militaries (see comparative military ranks), but it is often sub ...

serving aboard the

escort aircraft carrier The escort carrier or escort aircraft carrier (U.S. hull classification symbol CVE), also called a "jeep carrier" or "baby flattop" in the United States Navy (USN) or "Woolworth Carrier" by the Royal Navy, was a small and slow type of aircraft ...

USS ''Liscome Bay'' (CVE-56) he survived the sinking of the ship on November 24, 1943, by a

torpedo A modern torpedo is an underwater ranged weapon launched above or below the water surface, self-propelled towards a target, and with an explosive warhead designed to detonate either on contact with or in proximity to the target. Historically, su ...

from the Japanese submarine ''I-175''. Keeton, clinging to debris for hours, was later pulled from the ocean. He was awarded a

Purple Heart The Purple Heart (PH) is a United States military decoration awarded in the name of the President to those wounded or killed while serving, on or after 5 April 1917, with the U.S. military. With its forerunner, the Badge of Military Merit, w ...

. Keeton returned to Baker & Botts in 1945 after the war. He later taught at

Southern Methodist University , mottoeng = "The truth will make you free" , established = , type = Private research university , accreditation = SACS , academic_affiliations = , religious_affiliation = United Methodist Church , president = R. Gerald Turner , prov ...

Further education and academic career

Keeton joined

in 1953, where he would remain until 1979. In 1954, he wrote ''Trial Tactics and Methods'', a book of practical advice on courtroom skills. Keeton later developed a program at Harvard (later used at other

law school A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...

s) in which experienced

trial lawyer A lawyer is a person who Practice of law, practices law. The role of a lawyer varies greatly across different Jurisdiction, legal jurisdictions. A lawyer can be classified as an advocate, attorney at law, attorney, barrister, canonist, canon l ...

s taught students. One rule of Keeton's program was to not ask

hostile witness A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial (law), trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party ...

open-ended question An open-ended question is a question that cannot be answered with a "yes" or "no" response, or with a static response. Open-ended questions are phrased as a statement which requires a longer response. The response can be compared to information tha ...

s. In 1956, Keeton received his

Doctor of Juridical Science A Doctor of Juridical Science (SJD; ), or a Doctor of Science of Law (JSD; ), is a research doctorate in law equivalent to the more commonly awarded Doctor of Philosophy degree. Australia The S.J.D. is offered by the Australian National Unive ...

from Harvard. In 1973, he was named the Langdell Professor of Law. Keeton served as

associate dean Dean is a title employed in academic administrations such as colleges or universities for a person with significant authority over a specific academic unit, over a specific area of concern, or both. In the United States and Canada, deans are usua ...

from 1975 to 1979. In the early 1970s, Keeton worked with

professor Jeffrey O'Connell on a study that contributed to the development of no-fault automobile insurance, later adopted by many states. Under a no-fault system,

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

below a certain level are paid by

insurance companies Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...

, thus avoiding a determination of who was at fault.

Federal judicial service

Keeton was nominated by President

Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...

on January 25, 1979, to the

, to a new seat authorized by 92 Stat. 1629. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on March 21, 1979, and received his commission on March 23, 1979. He assumed

senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...

on February 28, 2003. His service terminated on September 8, 2006, due to retirement. In 1979 Chief Justice

Warren Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ...

appointed him chair of the Standing Committee on Rules of Practice and Procedure of the

Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...

, a body responsible for developing the

Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...

and

Federal Rules of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Fed ...

Notable cases

Keeton presided over the 1988–1989

mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...

and

obstruction of justice Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...

trial of Lyndon LaRouche and eleven associates, which ended with Keeton declaring a

mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...

.Tench, Megan
"Robert E. Keeton, 88, judge, professor, author, war hero."
''Boston Globe'' 3 July 2007. He also presided over the 1995 ''

Lotus Dev. Corp. v. Borland Int'l, Inc. ''Lotus Dev. Corp. v. Borland Int'l, Inc.'', 516 U.S. 233 (1996), is a United States Supreme Court case that tested the extent of software copyright.. The lower court had held that copyright does not extend to the user interface of a computer progr ...

'' trial involving the extent of

software copyright Software copyright is the application of copyright in law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number o ...

, a case that later was decided by the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

. In 1984 Keeton, along with older brother

Page Page most commonly refers to: * Page (paper), one side of a leaf of paper, as in a book Page, PAGE, pages, or paging may also refer to: Roles * Page (assistance occupation), a professional occupation * Page (servant), traditionally a young m ...

as lead author, and professors Dan Dobbs and David Owen, published the 5th edition of ''Prosser and Keeton on Torts''. The book, based on

William Prosser William Prosser may refer to: *William Lloyd Prosser William Lloyd Prosser (March 15, 1898 – 1972) was the Dean of the School of Law at UC Berkeley from 1948 to 1961. Prosser authored several editions of ''Prosser on Torts'', universally reco ...

's influential ''Prosser on Torts'' (1941), became a foundational text of tort law and has become frequently used as a law textbook and

reference work A reference work is a work, such as a paper, book or periodical (or their electronic equivalents), to which one can refer for information. The information is intended to be found quickly when needed. Such works are usually ''referred'' to f ...

for many law students, lawyers, and jurists.

Death

Keeton died of complications of a

pulmonary embolism Pulmonary embolism (PE) is a blockage of an pulmonary artery, artery in the lungs by a substance that has moved from elsewhere in the body through the bloodstream (embolism). Symptoms of a PE may include dyspnea, shortness of breath, chest pain p ...

Cambridge Cambridge ( ) is a university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cambridge bec ...

Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...

, where he lived. He was 87.

References

Sources

External links

* {{DEFAULTSORT:Keeton, Robert Ernest 1919 births 2007 deaths Judges of the United States District Court for the District of Massachusetts United States district court judges appointed by Jimmy Carter 20th-century American judges University of Texas School of Law alumni Harvard Law School faculty United States Navy personnel of World War II Respiratory disease deaths in Massachusetts Deaths from pulmonary embolism Harvard Law School alumni United States Navy reservists People from Clarksville, Texas McCombs School of Business alumni People associated with Baker Botts United States Navy officers Shipwreck survivors