Yale Law School and the Sixties


Book Description

The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with Yale's past and with the social climate in which they lived. During a charged moment in the history of the United States, activists challenged senior professors, and the resulting clash pitted young against old in a very human story. By demanding changes in admissions, curriculum, grading, and law practice, Laura Kalman argues, these students transformed Yale Law School and the future of American legal education. Inspired by Yale's legal realists of the 1930s, Yale law students between 1967 and 1970 spawned a movement that celebrated participatory democracy, black power, feminism, and the counterculture. After these students left, the repercussions hobbled the school for years. Senior law professors decided against retaining six junior scholars who had witnessed their conflict with the students in the early 1970s, shifted the school's academic focus from sociology to economics, and steered clear of critical legal studies. Ironically, explains Kalman, students of the 1960s helped to create a culture of timidity until an imaginative dean in the 1980s tapped into and domesticated the spirit of the sixties, helping to make Yale's current celebrity possible.




History of the Yale Law School


Book Description

The entity that became the Yale Law School started life early in the nineteenth century as a proprietary school, operated as a sideline by a couple of New Haven lawyers. The New Haven school affiliated with Yale in the 1820s, but it remained so frail that in 1845 and again in 1869 the University seriously considered closing it down. From these humble origins, the Yale Law School went on to become the most influential of American law schools. In the later nineteenth century the School instigated the multidisciplinary approach to law that has subsequently won nearly universal acceptance. In the 1930s the Yale Law School became the center of the jurisprudential movement known as legal realism, which has ever since shaped American law. In the second half of the twentieth century Yale brought the study of constitutional and international law to prominence, overcoming the emphasis on private law that had dominated American law schools. By the end of the twentieth century, Yale was widely acknowledged as the nation’s leading law school. The essays in this collection trace these notable developments. They originated as a lecture series convened to commemorate the tercentenary of Yale University. A distinguished group of scholars assembled to explore the history of the School from the earliest days down to modern times. This volume preserves the highly readable format of the original lectures, supported with full scholarly citations. Contributors to this volume are Robert W. Gordon, Laura Kalman, John H. Langbein, Gaddis Smith, and Robert Stevens, with an introduction by Anthony T. Kronman.




Testimony


Book Description

On her seventy-fifth birthday, the author's mother confessed to an affair more than three decades past. His father's response was unforgiving. Her need to confess met his limitless rage. She acted out of love; he sought revenge. Their battle consumed everything and everyone around them. In the middle of this struggle, she was diagnosed with cancer. Two years later, she died. Testimony is a son's memoir of this struggle. Paul Kahn finds here a story of the twentieth century, beginning with poverty in the Depression and immigration from Hitler's Germany. He follows his father's experience of the war and his return with PTSD. He traces his parents' movement through the turbulent 60s. More than a study of twentieth-century culture, Testimony is a philosophical inquiry into the possibility of faith in a secular age. History, philosophy, and theology flow together as Kahn finds in his parents' lives the resources for a series of essays on the nature of truth, memory, death, and faith. Testimony is most of all a meditation on love in a time in which the very possibility of faith is constantly put to the test.




All Falling Faiths


Book Description

In this warm and intimate memoir Judge Wilkinson delivers a chilling message. The 1960s inflicted enormous damage on our country; even at this very hour we see the decade’s imprint in so much of what we say and do. The chapters reveal the harm done to the true meaning of education, to our capacity for lasting personal commitments, to our respect for the rule of law, to our sense of rootedness and home, to our desire for service, to our capacity for national unity, to our need for the sustenance of faith. Judge Wilkinson does not seek to lecture but to share in the most personal sense what life was like in the 1960s, and to describe the influence of those frighteningly eventful years upon the present day. Judge Wilkinson acknowledges the good things accomplished by the Sixties and nourishes the belief that we can learn from that decade ways to build a better future. But he asks his own generation to recognize its youthful mistakes and pleads with future generations not to repeat them. The author’s voice is one of love and hope for America. But our national prospects depend on facing honestly the full magnitude of all we lost during one momentous decade and of all we must now recover.




Vagrant Nation


Book Description

"People out of Place reshapes our understanding of the 1960s by telling a previously unknown story about often overlooked criminal laws prohibiting vagrancy. As Beats, hippies, war protesters, Communists, racial minorities, civil rights activists, prostitutes, single women, poor people, and sexual minorities challenged vagrancy laws, the laws became a shared constitutional target for clashes over radically different visions of the nation's future"--




The Assault on American Excellence


Book Description

“I want to call it a cry of the heart, but it’s more like a cry of the brain, a calm and erudite one.” —Peggy Noonan, The Wall Street Journal The former dean of Yale Law School argues that the feverish egalitarianism gripping college campuses today is a threat to our democracy. College education is under attack from all sides these days. Most of the handwringing—over free speech, safe zones, trigger warnings, and the babying of students—has focused on the excesses of political correctness. That may be true, but as Anthony Kronman shows, it’s not the real problem. “Necessary, humane, and brave” (Bret Stephens, The New York Times), The Assault on American Excellence makes the case that the boundless impulse for democratic equality gripping college campuses today is a threat to institutions whose job is to prepare citizens to live in a vibrant democracy. Three centuries ago, the founders of our nation saw that for this country to have a robust government, it must have citizens trained to have tough skins, to make up their own minds, and to win arguments not on the basis of emotion but because their side is closer to the truth. Without that, Americans would risk electing demagogues. Kronman is the first to tie today’s campus clashes to the history of American values, drawing on luminaries like Alexis de Tocqueville and John Adams to argue that our modern controversies threaten the best of our intellectual traditions. His tone is warm and wise, that of an educator who has devoted his life to helping students be capable of living up to the demands of a free society—and to do so, they must first be tested in a system that isn’t focused on sympathy at the expense of rigor and that values excellence above all.




Confessions of a Born-Again Pagan


Book Description

In this passionate and searching book, Anthony Kronman offers a third way—beyond atheism and religion—to the God of the modern world We live in an age of disenchantment. The number of self-professed “atheists” continues to grow. Yet many still feel an intense spiritual longing for a connection to what Aristotle called the “eternal and divine.” For those who do, but demand a God that is compatible with their modern ideals, a new theology is required. This is what Anthony Kronman offers here, in a book that leads its readers away from the inscrutable Creator of the Abrahamic religions toward a God whose inexhaustible and everlasting presence is that of the world itself. Kronman defends an ancient conception of God, deepened and transformed by Christian belief—the born-again paganism on which modern science, art, and politics all vitally depend. Brilliantly surveying centuries of Western thought—from Plato to Augustine, Aquinas, and Kant, from Spinoza to Nietzsche, Darwin, and Freud—Kronman recovers and reclaims the God we need today.




Legal Realism at Yale, 1927-1960


Book Description

For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.




Recognition in International Law


Book Description

Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.




The Antitrust Paradox


Book Description

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.