The Intellectual Sword

The Intellectual Sword

Author: Bruce A. Kimball

Publisher: Belknap Press

Published: 2020-05-26

Total Pages: 881

ISBN-13: 0674737326

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A history of Harvard Law School in the twentieth century, focusing on the school’s precipitous decline prior to 1945 and its dramatic postwar resurgence amid national crises and internal discord. By the late nineteenth century, Harvard Law School had transformed legal education and become the preeminent professional school in the nation. But in the early 1900s, HLS came to the brink of financial failure and lagged its peers in scholarly innovation. It also honed an aggressive intellectual culture famously described by Learned Hand: “In the universe of truth, they lived by the sword. They asked no quarter of absolutes, and they gave none.” After World War II, however, HLS roared back. In this magisterial study, Bruce Kimball and Daniel Coquillette chronicle the school’s near collapse and dramatic resurgence across the twentieth century. The school’s struggles resulted in part from a debilitating cycle of tuition dependence, which deepened through the 1940s, as well as the suicides of two deans and the dalliance of another with the Nazi regime. HLS stubbornly resisted the admission of women, Jews, and African Americans, and fell behind the trend toward legal realism. But in the postwar years, under Dean Erwin Griswold, the school’s resurgence began, and Harvard Law would produce such major political and legal figures as Chief Justice John Roberts, Justice Elena Kagan, and President Barack Obama. Even so, the school faced severe crises arising from the civil rights movement, the Vietnam War, Critical Legal Studies, and its failure to enroll and retain people of color and women, including Justice Ruth Bader Ginsburg. Based on hitherto unavailable sources—including oral histories, personal letters, diaries, and financial records—The Intellectual Sword paints a compelling portrait of the law school widely considered the most influential in the world.


On the Battlefield of Merit

On the Battlefield of Merit

Author: Daniel R. Coquillette

Publisher: Harvard University Press

Published: 2015-10-23

Total Pages: 683

ISBN-13: 0674967666

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Harvard Law School pioneered educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic merit. On the Battlefield of Merit offers a candid account of a unique legal institution during its first century of influence.


Broken Contract

Broken Contract

Author: Richard D. Kahlenberg

Publisher: Univ of Massachusetts Press

Published: 1999

Total Pages: 264

ISBN-13: 9781558492349

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In 1986, 70 percent of the first-year class of Harvard Law School wanted to pursue careers in public-interest law. Ten years later, the same percentage of this class was pursuing careers in private corporate firms. How is it that these students began their careers interested in using law as a vehicle for social change, but ended up in those very law firms most resistant to change? How are law students able to reconcile liberal politics with careers in corporate law? Richard D. Kahlenberg's Broken Contract serves to warn prospective law students on the transformation that happens during the second and third years. His memoir explores the intense competitiveness and insidious pressure leading to jobs that are lucrative, prestigious, and challenging-but ultimately unsatisfying. Though Broken Contract doesn't seek to convince every law student to go into public service, Kahlenberg means to challenge and restructure our social institutions to make it easier to follow our impulses toward good instead of toward the goods.


Say It Loud!

Say It Loud!

Author: Randall Kennedy

Publisher: Pantheon

Published: 2021-09-07

Total Pages: 529

ISBN-13: 0593316045

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A NEW YORK TIMES NOTABLE BOOK OF THE YEAR • A collection of provocative essays exploring the key social justice issues of our time—from George Floyd to antiracism to inequality and the Supreme Court. Kennedy is "among the most incisive American commentators on race" (The New York Times). Informed by sharpness of observation and often courting controversy, deep fellow feeling, decency, and wit, Say It Loud! includes: The George Floyd Moment: Promise and Peril • Isabel Wilkerson, the Election of 2020, and Racial Caste • The Princeton Ultimatum: Anti­racism Gone Awry • The Constitutional Roots of “Birtherism” • Inequality and the Supreme Court • “Nigger”: The Strange Career Contin­ues • Frederick Douglass: Everyone’s Hero • Remembering Thurgood Marshall • Why Clar­ence Thomas Ought to Be Ostracized • The Politics of Black Respectability • Policing Ra­cial Solidarity In each essay, Kennedy is mindful of com­plexity, ambivalence, and paradox, and he is always stirring and enlightening. Say It Loud! is a wide-ranging summa of Randall Kennedy’s thought on the realities and imaginaries of race in America.


Is International Law International?

Is International Law International?

Author: Anthea Roberts

Publisher: Oxford University Press

Published: 2017

Total Pages: 433

ISBN-13: 0190696419

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This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.


What the Best Law Teachers Do

What the Best Law Teachers Do

Author: Michael Hunter Schwartz

Publisher: Harvard University Press

Published: 2013-08-20

Total Pages: 367

ISBN-13: 0674728130

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This pioneering book is the first to identify the methods, strategies, and personal traits of law professors whose students achieve exceptional learning. Modeling good behavior through clear, exacting standards and meticulous preparation, these instructors know that little things also count--starting on time, learning names, responding to emails.


The Islamic School of Law

The Islamic School of Law

Author: Peri J. Bearman

Publisher: Islamic Legal Studies Program @ Harvard Law School

Published: 2005

Total Pages: 328

ISBN-13:

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These selected papers from the III International Conference on Islamic Legal Studies, held in 2000 at Harvard Law School, offer building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that, even in the contemporary dissolution of madhhab lines and grouping, continues to fascinate.


Too Much Information

Too Much Information

Author: Cass R. Sunstein

Publisher: MIT Press

Published: 2022-02-15

Total Pages: 261

ISBN-13: 0262543915

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The New York Times–bestselling co-author of Nudge explores how more information can make us happy or miserable—and why we sometimes avoid it but sometimes seek it out. How much information is too much? Do we need to know how many calories are in the giant vat of popcorn that we bought on our way into the movie theater? Do we want to know if we are genetically predisposed to a certain disease? Can we do anything useful with next week's weather forecast for Paris if we are not in Paris? In Too Much Information, Cass Sunstein examines the effects of information on our lives. Policymakers emphasize “the right to know,” but Sunstein takes a different perspective, arguing that the focus should be on human well-being and what information contributes to it. Government should require companies, employers, hospitals, and others to disclose information not because of a general “right to know” but when the information in question would significantly improve people's lives. Of course, says Sunstein, we are better off with stop signs, warnings on prescription drugs, and reminders about payment due dates. But sometimes less is more. What we need is more clarity about what information is actually doing or achieving.


Civil Rights Queen

Civil Rights Queen

Author: Tomiko Brown-Nagin

Publisher: Vintage

Published: 2022-01-25

Total Pages: 529

ISBN-13: 152474719X

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A TIME BEST BOOK OF THE YEAR • The first major biography of one of our most influential judges—an activist lawyer who became the first Black woman appointed to the federal judiciary—that provides an eye-opening account of the twin struggles for gender equality and civil rights in the 20th Century. • “Timely and essential."—The Washington Post “A must-read for anyone who dares to believe that equal justice under the law is possible and is in search of a model for how to make it a reality.” —Anita Hill With the US Supreme Court confirmation of Ketanji Brown Jackson, “it makes sense to revisit the life and work of another Black woman who profoundly shaped the law: Constance Baker Motley” (CNN). Born to an aspirational blue-collar family during the Great Depression, Constance Baker Motley was expected to find herself a good career as a hair dresser. Instead, she became the first black woman to argue a case in front of the Supreme Court, the first of ten she would eventually argue. The only black woman member in the legal team at the NAACP's Inc. Fund at the time, she defended Martin Luther King in Birmingham, helped to argue in Brown vs. The Board of Education, and played a critical role in vanquishing Jim Crow laws throughout the South. She was the first black woman elected to the state Senate in New York, the first woman elected Manhattan Borough President, and the first black woman appointed to the federal judiciary. Civil Rights Queen captures the story of a remarkable American life, a figure who remade law and inspired the imaginations of African Americans across the country. Burnished with an extraordinary wealth of research, award-winning, esteemed Civil Rights and legal historian and dean of the Harvard Radcliffe Institute, Tomiko Brown-Nagin brings Motley to life in these pages. Brown-Nagin compels us to ponder some of our most timeless and urgent questions--how do the historically marginalized access the corridors of power? What is the price of the ticket? How does access to power shape individuals committed to social justice? In Civil Rights Queen, she dramatically fills out the picture of some of the most profound judicial and societal change made in twentieth-century America.


The Tyranny of the Meritocracy

The Tyranny of the Meritocracy

Author: Lani Guinier

Publisher: Beacon Press

Published: 2016-01-12

Total Pages: 176

ISBN-13: 0807078123

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A fresh and bold argument for revamping our standards of “merit” and a clear blueprint for creating collaborative education models that strengthen our democracy rather than privileging individual elites Standing on the foundations of America’s promise of equal opportunity, our universities purport to serve as engines of social mobility and practitioners of democracy. But as acclaimed scholar and pioneering civil rights advocate Lani Guinier argues, the merit systems that dictate the admissions practices of these institutions are functioning to select and privilege elite individuals rather than create learning communities geared to advance democratic societies. Having studied and taught at schools such as Harvard University, Yale Law School, and the University of Pennsylvania Law School, Guinier has spent years examining the experiences of ethnic minorities and of women at the nation’s top institutions of higher education, and here she lays bare the practices that impede the stated missions of these schools. Goaded on by a contemporary culture that establishes value through ranking and sorting, universities assess applicants using the vocabulary of private, highly individualized merit. As a result of private merit standards and ever-increasing tuitions, our colleges and universities increasingly are failing in their mission to provide educational opportunity and to prepare students for productive and engaged citizenship. To reclaim higher education as a cornerstone of democracy, Guinier argues that institutions of higher learning must focus on admitting and educating a class of students who will be critical thinkers, active citizens, and publicly spirited leaders. Guinier presents a plan for considering “democratic merit,” a system that measures the success of higher education not by the personal qualities of the students who enter but by the work and service performed by the graduates who leave. Guinier goes on to offer vivid examples of communities that have developed effective learning strategies based not on an individual’s “merit” but on the collaborative strength of a group, learning and working together, supporting members, and evolving into powerful collectives. Examples are taken from across the country and include a wide range of approaches, each innovative and effective. Guinier argues for reformation, not only of the very premises of admissions practices but of the shape of higher education itself.