Law School Of Harvard University

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The Intellectual Sword

Author : Bruce A. Kimball,Daniel R. Coquillette
Publisher : Harvard University Press
Page : 881 pages
File Size : 42,5 Mb
Release : 2020-05-26
Category : Education
ISBN : 9780674737327

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The Intellectual Sword by Bruce A. Kimball,Daniel R. Coquillette Pdf

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.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
Page : 433 pages
File Size : 50,7 Mb
Release : 2017
Category : Law
ISBN : 9780190696412

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Is International Law International? by Anthea Roberts Pdf

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

One L

Author : Scott Turow
Publisher : Farrar, Straus and Giroux
Page : 336 pages
File Size : 46,5 Mb
Release : 2010-08-03
Category : Biography & Autobiography
ISBN : 9781429939560

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One L by Scott Turow Pdf

One L, Scott Turow's journal of his first year at law school and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and thought-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.

On the Battlefield of Merit

Author : Daniel R. Coquillette,Bruce A. Kimball
Publisher : Harvard University Press
Page : 683 pages
File Size : 44,6 Mb
Release : 2015-10-12
Category : Education
ISBN : 9780674967663

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On the Battlefield of Merit by Daniel R. Coquillette,Bruce A. Kimball Pdf

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

Author : Richard D. Kahlenberg
Publisher : Univ of Massachusetts Press
Page : 264 pages
File Size : 44,8 Mb
Release : 1999
Category : Biography & Autobiography
ISBN : 1558492348

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Broken Contract by Richard D. Kahlenberg Pdf

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.

Doubt in Islamic Law

Author : Intisar A. Rabb
Publisher : Cambridge University Press
Page : 431 pages
File Size : 42,6 Mb
Release : 2015
Category : History
ISBN : 9781107080997

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Doubt in Islamic Law by Intisar A. Rabb Pdf

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

The Broken Constitution

Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
Page : 236 pages
File Size : 49,9 Mb
Release : 2021-11-02
Category : History
ISBN : 9780374720872

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The Broken Constitution by Noah Feldman Pdf

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

When Should Law Forgive?

Author : Martha Minow
Publisher : W. W. Norton & Company
Page : 256 pages
File Size : 48,5 Mb
Release : 2019-09-24
Category : Law
ISBN : 9780393651829

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When Should Law Forgive? by Martha Minow Pdf

“Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.

Social Media and Democracy

Author : Nathaniel Persily,Joshua A. Tucker
Publisher : Cambridge University Press
Page : 365 pages
File Size : 46,5 Mb
Release : 2020-09-03
Category : Business & Economics
ISBN : 9781108835558

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Social Media and Democracy by Nathaniel Persily,Joshua A. Tucker Pdf

A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

Democracy and Dysfunction

Author : Sanford Levinson,Jack M. Balkin
Publisher : University of Chicago Press
Page : 226 pages
File Size : 44,8 Mb
Release : 2019-04-16
Category : Political Science
ISBN : 9780226612041

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Democracy and Dysfunction by Sanford Levinson,Jack M. Balkin Pdf

It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.

Fidelity & Constraint

Author : Lawrence Lessig
Publisher : Oxford University Press
Page : 448 pages
File Size : 48,9 Mb
Release : 2019-04-03
Category : Law
ISBN : 9780190932565

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Fidelity & Constraint by Lawrence Lessig Pdf

The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

Big Data, Health Law, and Bioethics

Author : I. Glenn Cohen,Holly Fernandez Lynch,Effy Vayena,Urs Gasser
Publisher : Cambridge University Press
Page : 374 pages
File Size : 48,5 Mb
Release : 2018-03-08
Category : Law
ISBN : 9781108153645

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Big Data, Health Law, and Bioethics by I. Glenn Cohen,Holly Fernandez Lynch,Effy Vayena,Urs Gasser Pdf

When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.

In Brown's Wake

Author : Martha Minow
Publisher : Oxford University Press
Page : 320 pages
File Size : 47,6 Mb
Release : 2010-08-17
Category : Law
ISBN : 9780199721481

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In Brown's Wake by Martha Minow Pdf

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

55 Successful Harvard Law School Application Essays

Author : Staff of the Harvard Crimson
Publisher : Macmillan
Page : 214 pages
File Size : 46,8 Mb
Release : 2007-06-26
Category : Education
ISBN : 0312366116

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55 Successful Harvard Law School Application Essays by Staff of the Harvard Crimson Pdf

Here, 55 of the successful applicants to Harvard Law School share the essays that helped them make the cut. Each is analyzed by the staff of the "Harvard Crimson" and accompanied by no-nonsense advice to help readers craft their own winning essays.