The Intellectual Sword

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.

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

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.

A SUNDAY TIMES TOP TEN BESTSELLER 'A stunning blockbuster' Robert Fisk 'A brilliant tour de force of revisionist scholarship and thrilling storytelling' Simon Sebag Montefiore 'A compelling detective story of the highest order' Sunday Times 'Tom Holland has an enviable gift for summoning up the colour, the individuals and animation of the past' Independent In the 6th century AD, the Near East was divided between two venerable empires: the Persian and the Roman. A hundred years on and one had vanished forever, while the other seemed almost finished. Ruling in their place were the Arabs: an upheaval so profound that it spelt, in effect, the end of the ancient world. In the Shadow of the Sword explores how this came about. Spanning from Constantinople to the Arabian desert, and starring some of the most remarkable rulers who ever lived, he tells a story vivid with drama, horror, and startling achievement.

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.

An in-depth look at how the ideas formulated by the interwar League of Nations shaped American thinking on the modern global order. In Plowshares into Swords, David Ekbladh recaptures the power of knowledge and information developed between World War I and World War II by an international society of institutions and individuals committed to liberal international order and given focus by the League of Nations in Geneva. That information and analysis revolutionized critical debates in a world in crisis. In doing so, Ekbladh transforms conventional understandings of the United States’ postwar hegemony, showing that important elements of it were profoundly influenced by ideas that emerged from international exchanges. The League’s work was one part of a larger transnational movement that included the United States and which saw the emergence of concepts like national income, gross domestic product, and other attempts to define and improve the standards of living, as well as new approaches to old questions about the role of government. Forged as tools for peace these ideas were beaten into weapons as World War II threatened. Ekbladh recounts how, though the US had never been a member of the organization, vital parts of the League were rescued after the fall of France in 1940 and given asylum at the Institute for Advanced Study in Princeton. However, this presence in the US is just one reason its already well-regarded economic analyses and example were readily mobilized by influential American and international figures for an Allied “war of ideas,” plans for a postwar world, and even blueprints for the new United Nations. How did this body of information become so valuable? As Ekbladh makes clear, the answer is that information and analysis themselves became crucial currencies in global affairs: to sustain a modern, liberal global order, a steady stream of information about economics, politics, and society was, and remains, indispensable.