Yale Law School And The Sixties

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.

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.

"Americans often hear that Presidential elections are about "who controls" the Supreme Court. In The Long Reach of the Sixties, eminent legal historian Laura Kalman focuses on the period between 1965 and 1971, when Presidents Johnson and Nixon launched the most ambitious effort to do so since Franklin Roosevelt tried to pack it with additional justices. Those six years-- the apex of the Warren Court, often described as the most liberal in American history, and the dawn of the Burger Court--saw two successful Supreme Court nominations and two failed ones by LBJ, four successful nominations and two failed ones by Nixon, the first resignation of a Supreme Court justice as a result of White House pressure, and the attempted impeachment of another. Using LBJ and Nixon's telephone conversations and a wealth of archival collections, Kalman roots their efforts to mold the Court in their desire to protect their Presidencies, and she sets the contests over it within the broader context of a struggle between the executive, judicial and legislative branches of government. The battles that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's work generally reflected public opinion, these fights calcified the image of the Warren Court as "activist" and "liberal" in one of the places that image hurts the most--the contemporary Supreme Court appointment process. To this day, the term "activist Warren Court" has totemic power among conservatives. Kalman has a second purpose as well: to explain how the battles of the sixties changed the Court itself as an institution in the long term and to trace the ways in which the 1965-71 period has haunted--indeed scarred--the Supreme Court appointments process"--

The study of legal history has a broad application that extends well beyond the interests of legal historians. An attorney arguing a case today may need to cite cases that are decades or even centuries old, and historians studying political or cultural history often encounter legal issues that affect their main subjects. Both groups need to understand the laws and legal practices of past eras. This essential reference is intended for the many nonspecialists who need to enter this arcane and often tricky area of research.

“How did liberals get to be the way they are today?” That’s the question many Americans are asking as they witness the efforts of the most left-wing president in American history. At last, historians Donald T. Critchlow and W. J. Rorabaugh supply the answer. As the authors show, it is a mistake to see the Obama administration’s agenda as a single man’s vision. Equally flawed, they reveal, is the now-common argument that today’s liberalism is simply a continuation of early-twentieth-century progressivism. Today’s Left has embraced a more radical vision for transformative change: to remake all aspects of American life. Takeover delineates the sharp break in the history of modern liberalism that began in the 1960s. Critchlow and Rorabaugh show how leftists in pursuit of “social justice” went from protest rallies to the halls of power by rewriting the Democratic Party’s presidential nominating rules for their own benefit and using the courts to advance their radical agenda. The authors masterfully connect the dots in America’s recent history, showing the close links among such seemingly unrelated causes as radical environmentalism, nationalized health care, class warfare, abortion rights, feminism, regulating the free market, assisted suicide, sex education, and energy policies to reduce consumption. Takeover is a bold revisionist history that completely reshapes our understanding of the current political crisis.

"This book is an institutional and intellectual history of Fordham Law School recounted in the context of legal education generally. It is unique in identifying the factors that determine a law school's academic quality and in recounting the activities of the ABA and AALS in assuring adequate funding to maintain academic standards"--

Strengthening affirmative action programs and fighting discrimination present challenges to America's best private and public universities. US college enrollments swelled from 2.6 million students in 1955 to 17.5 million by 2005. Ivy League universities, specifically Harvard, Yale, and Princeton, face significant challenges in maintaining their professed goal to educate a reasonable number of students from all ethnic, racial, religious, and socio-economic groups while maintaining the loyalty of their alumni. College admissions officers in these elite universities have the daunting task of selecting a balanced student body. Added to their challenges, the economic recession of 2008-2009 negatively impacted potential applicants from lower-income families. Evidence suggests that high Standard Aptitude Test (SAT) scores are correlated with a family's socioeconomic status. Thus, the problem of selecting the "best" students from an ever-increasing pool of applicants may render standardized admissions tests a less desirable selection mechanism. The next admissions battle may be whether well-endowed universities should commit themselves to a form of class-based affirmative action in order to balance the socioeconomic advantages of well-to-do families. Such a policy would improve prospects for students who may have ambitions for an education that is beyond their reach without preferential treatment. As in past decades, admissions policies may remain a question of balances and preferences. Nevertheless, the elite universities are handling admission decisions with determination and far less prejudice than in earlier eras.

"My behavior is not a Yankee's behavior. It just is not, no matter what. My family was Italian, and different from most other Italian immigrants. We did not need to melt in. We did not need to assimilate, because of who we were and what we came from. While other people were painting themselves red, white, and blue, we talked Italian, absorbed our family's history, and thought of ourselves as being what we always were. In the deepest sense, I was never taught to be a Yankee, which is a fact that comes out in any number of the things that I do and try to accomplish. Some people have the feeling that what I write and say is too subtle, or perhaps manipulative; or that I behave a bit outlandishly; but those people do not put what I do in the context of Italy, in the context of that very old, very subtle, very complicated society, which I come from"--