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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.
The crisis of masculinity surfaced and converged with the crisis of the nation in the late Qing, after the doors of China were forced open by Opium Wars. The power of physical aggression increasingly overshadowed literary attainments and became a new imperative of male honor in the late Qing and early Republican China. Afflicted with anxiety and indignation about their increasingly effeminate image as perceived by Western colonial powers, Chinese intellectuals strategically distanced themselves from the old literati and reassessed their positions vis-à-vis violence. In Mastery of Words and Swords: Negotiating Intellectual Masculinities in Modern China, 1890s–1930s, Jun Lei explores the formation and evolution of modern Chinese intellectual masculinities as constituted in racial, gender, and class discourses mediated by the West and Japan. This book brings to light a new area of interest in the “Man Question” within gender studies in which women have typically been the focus. To fully reveal the evolving masculine models of a “scholar-warrior,” this book employs an innovative methodology that combines theoretical vigor, archival research, and analysis of literary texts and visuals. Situating the changing inter- and intra-gender relations in modern Chinese history and Chinese literary and cultural modernism, the book engages critically with male subjectivity in relation to other pivotal issues such as semi-coloniality, psychoanalysis, modern love, feminism, and urbanization. “Jun Lei’s brilliant book offers a wealth of information and insights on how intellectuals such as Liang Qichao and Lu Xun shaped notions of Chinese masculinity in the tumultuous late Qing and May Fourth periods. Its account of how China’s interactions with the West and Japan impacted ideas of masculinity in modern times is compelling reading.” —Kam Louie, author of Theorising Chinese Masculinity: Society and Gender in China and Chinese Masculinities in a Globalizing World “What are political and cultural consequences when a Chinese man looks and behaves like a woman? Jun Lei probes the psychic, intellectual, and nationalist underpinnings of that question. This provocative book offers an engaging story and insightful analyses about how male writers grappled with the effeminate look and strove to revitalize manliness.” —Ban Wan
This dual biography of Malcolm X and Martin Luther King upends longstanding preconceptions to transform our understanding of the twentieth century's most iconic African American leaders. To most Americans, Malcolm X and Martin Luther King Jr. represent contrasting ideals: self-defense vs. nonviolence, black power vs. civil rights, the sword vs. the shield. The struggle for black freedom is wrought with the same contrasts. While nonviolent direct action is remembered as an unassailable part of American democracy, the movement's militancy is either vilified or erased outright. In The Sword and the Shield, Peniel E. Joseph upends these misconceptions and reveals a nuanced portrait of two men who, despite markedly different backgrounds, inspired and pushed each other throughout their adult lives. This is a strikingly revisionist biography, not only of Malcolm and Martin, but also of the movement and era they came to define.
How a flexible and creative approach to intellectual property can help an organization accomplish goals ranging from building market share to expanding an industry. Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
An account of the 1st Battalion, Gloucestershire Regiment, at the Battle of Imjin River during the Korean War and the survivors’ captivity in a POW camp. In April 1951, at the height of the Korean War, Chinese troops advanced south of the 38th parallel towards a strategic crossing-point of the Imjin River on the invasion route to the South Korean capital of Seoul. The stand of the 1st Battalion, the Gloucestershire Regiment, against the overwhelming numbers of invading troops has since passed into British military history. In The Edge of the Sword General, Sir Anthony Farrar-Hockley, then Adjutant of the Glosters, has painted a vivid and accurate picture of the battle as seen by the officers and soldiers caught up in the middle of it. The book does not, however, end there. Like the majority of those who survived, the author became a prisoner-of-war, and the book continues with a remarkable account of his experiences in and out of Chinese prison camps. This book is not an attempt at a personal hero-story, and it is certainly not a piece of political propaganda. It is, above all, an amazing story of human fortitude and high adventure.
A richly detailed, profoundly engrossing story of how religion has influenced American foreign relations, told through the stories of the men and women—from presidents to preachers—who have plotted the country’s course in the world. Ever since John Winthrop argued that the Puritans’ new home would be “a city upon a hill,” Americans’ role in the world has been shaped by their belief that God has something special in mind for them. But this is a story that historians have mostly ignored. Now, in the first authoritative work on the subject, Andrew Preston explores the major strains of religious fervor—liberal and conservative, pacifist and militant, internationalist and isolationist—that framed American thinking on international issues from the earliest colonial wars to the twenty-first century. He arrives at some startling conclusions, among them: Abraham Lincoln’s use of religion in the Civil War became the model for subsequent wars of humanitarian intervention; nineteenth-century Protestant missionaries made up the first NGO to advance a global human rights agenda; religious liberty was the centerpiece of Franklin Roosevelt’s strategy to bring the United States into World War II. From George Washington to George W. Bush, from the Puritans to the present, from the colonial wars to the Cold War, religion has been one of America’s most powerful sources of ideas about the wider world. When, just days after 9/11, George W. Bush described America as “a prayerful nation, a nation that prays to an almighty God for protection and for peace,” or when Barack Obama spoke of balancing the “just war and the imperatives of a just peace” in his Nobel Peace Prize acceptance speech, they were echoing four hundred years of religious rhetoric. Preston traces this echo back to its source. Sword of the Spirit, Shield of Faith is an unprecedented achievement: no one has yet attempted such a bold synthesis of American history. It is also a remarkable work of balance and fair-mindedness about one of the most fraught subjects in America.
When the Civil War began, Northern soldiers and civilians alike sought a framework to help make sense of the chaos that confronted them. Many turned first to the classic European military texts from the Napoleonic era, especially Antoine Henri Jomini's Summary of the Art of War. As Carol Reardon shows, Jomini's work was only one voice in what ultimately became a lively and contentious national discourse about how the North should conduct war at a time when warfare itself was rapidly changing. She argues that the absence of a strong intellectual foundation for the conduct of war at its start--or, indeed, any consensus on the need for such a foundation--ultimately contributed to the length and cost of the conflict. Reardon examines the great profusion of new or newly translated military texts of the Civil War years intended to fill that intellectual void and draws as well on the views of the soldiers and civilians who turned to them in the search for a winning strategy. In examining how debates over principles of military thought entered into the question of qualifications of officers entrusted to command the armies of Northern citizen soldiers, she explores the limitations of nineteenth-century military thought in dealing with the human elements of combat.
Introduction: Knowledge in Exile -- The League Is the Thing: International Society's Super-University -- Plowshares into Swords: Knowledge, Weaponized -- Internationalist Dunkirk: International Society in Exile -- The Rover Boys of Reconstruction: International Society in the American World -- Coda: Great Leaps Forward.
From the author of Stylish Academic Writing comes an essential new guide for writers aspiring to become more productive and take greater pleasure in their craft. Helen Sword interviewed one hundred academics worldwide about their writing background and practices. Relatively few were trained as writers, she found, and yet all have developed strategies to thrive in their publish-or-perish environment. So how do these successful academics write, and where do they find the “air and light and time and space,” in the words of poet Charles Bukowski, to get their writing done? What are their formative experiences, their daily routines, their habits of mind? How do they summon up the courage to take intellectual risks and the resilience to deal with rejection? Sword identifies four cornerstones that anchor any successful writing practice: Behavioral habits of discipline and persistence; Artisanal habits of craftsmanship and care; Social habits of collegiality and collaboration; and Emotional habits of positivity and pleasure. Building on this “BASE,” she illuminates the emotional complexity of the writing process and exposes the lack of writing support typically available to early-career academics. She also lays to rest the myth that academics must produce safe, conventional prose or risk professional failure. The successful writers profiled here tell stories of intellectual passions indulged, disciplinary conventions subverted, and risk-taking rewarded. Grounded in empirical research and focused on sustainable change, Air & Light & Time & Space offers a customizable blueprint for refreshing personal habits and creating a collegial environment where all writers can flourish.