On The Battlefield Of Merit

Harvard Law School is the oldest and, arguably, the most influential law school in the nation. U.S. presidents, Supreme Court justices, and foreign heads of state, along with senators, congressional representatives, social critics, civil rights activists, university presidents, state and federal judges, military generals, novelists, spies, Olympians, film and TV producers, CEOs, and one First Lady have graduated from the school since its founding in 1817. During its first century, Harvard Law School pioneered revolutionary 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. But the school struggled to navigate its way through the many political, social, economic, and legal crises of the century, and it earned both scars and plaudits as a result. On the Battlefield of Merit offers a candid, critical, definitive account of a unique legal institution during its first century of influence. Daniel R. Coquillette and Bruce A. Kimball examine the school’s ties with institutional slavery, its buffeting between Federalists and Republicans, its deep involvement in the Civil War, its reluctance to admit minorities and women, its anti-Catholicism, and its financial missteps at the turn of the twentieth century. On the Battlefield of Merit brings the story of Harvard Law School up to 1909—a time when hard-earned accomplishment led to self-satisfaction and vulnerabilities that would ultimately challenge its position as the leading law school in the nation. A second volume will continue this history through the twentieth century.

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 Times Literary Supplement’s Book of the Year 2020 A New Statesman's Best Book of 2020 A Bloomberg's Best Book of 2020 A Guardian Best Book About Ideas of 2020 The world-renowned philosopher and author of the bestselling Justice explores the central question of our time: What has become of the common good? These are dangerous times for democracy. We live in an age of winners and losers, where the odds are stacked in favor of the already fortunate. Stalled social mobility and entrenched inequality give the lie to the American credo that "you can make it if you try". The consequence is a brew of anger and frustration that has fueled populist protest and extreme polarization, and led to deep distrust of both government and our fellow citizens--leaving us morally unprepared to face the profound challenges of our time. World-renowned philosopher Michael J. Sandel argues that to overcome the crises that are upending our world, we must rethink the attitudes toward success and failure that have accompanied globalization and rising inequality. Sandel shows the hubris a meritocracy generates among the winners and the harsh judgement it imposes on those left behind, and traces the dire consequences across a wide swath of American life. He offers an alternative way of thinking about success--more attentive to the role of luck in human affairs, more conducive to an ethic of humility and solidarity, and more affirming of the dignity of work. The Tyranny of Merit points us toward a hopeful vision of a new politics of the common good.

The New York Times bestselling author of Woke Inc. and a 2024 presidential candidate makes the case that the essence of true American identity is to pursue excellence unapologetically and reject victimhood culture. Hardship is now equated with victimhood. Outward displays of vulnerability in defeat are celebrated over winning unabashedly. The pursuit of excellence and exceptionalism are at the heart of American identity, and the disappearance of these ideals in our country leaves a deep moral and cultural vacuum in its wake. But the solution isn’t to simply complain about it. It’s to revive a new cultural movement in America that puts excellence first again. Leaders have called Ramaswamy “the most compelling conservative voice in the country” and “one of the towering intellects in America,” and this book reveals why: he spares neither left nor right in this scathing indictment of the victimhood culture at the heart of America’s national decline. In this national bestseller, Ramaswamy explains that we’re a nation of victims now. It’s one of the few things we still have left in common—across black victims, white victims, liberal victims, and conservative victims. Victims of each other, and ultimately, of ourselves. This fearless, provocative book is for readers who dare to look in the mirror and question their most sacred assumptions about who we are and how we got here. Intricately tracing history from the fall of Rome to the rise of America, weaving Western philosophy with Eastern theology in ways that moved Jefferson and Adams centuries ago, this book describes the rise and the fall of the American experiment itself—and hopefully its reincarnation.

Loyal Americans marched off to war in 1861 not to conquer the South but to liberate it. In Armies of Deliverance, Elizabeth Varon offers both a sweeping narrative of the Civil War and a bold new interpretation of Union and Confederate war aims. Lincoln's Union coalition sought to deliver the South from slaveholder tyranny and deliver to it the blessings of modern civilization. Over the course of the war, supporters of black freedom built the case that slavery was the obstacle to national reunion and that emancipation would secure military victory and benefit Northern and Southern whites alike. To sustain their morale, Northerners played up evidence of white Southern Unionism, of antislavery progress in the slaveholding border states, and of disaffection among Confederates. But the Union's emphasis on Southern deliverance served, ironically, not only to galvanize loyal Amer icans but also to galvanize disloyal ones. Confederates, fighting to establish an independent slaveholding republic, scorned the Northern promise of liberation and argued that the emancipation of blacks was synonymous with the subjugation of the white South.

Describes the significant part played by blacks and Native Americans at the beginning of the American Revolution.

Drawing on decades of research, Karabel shines a light on the ever-changing definition of "merit" in college admissions, showing how it shaped--and was shaped by--the country at large.

When faced with global instability and economic uncertainty, it is tempting for states to react by closing borders, hoarding wealth and solidifying power. We have seen it at various times in Japan, France and Italy and now it is infecting much of Europe and America, as the vote for Brexit in the UK has vividly shown. This insularity, together with increased inequality of income and wealth, threatens the future role of the West as a font of stability, prosperity and security. Part of the problem is that the principles of liberal democracy upon which the success of the West has been built have been suborned, with special interest groups such as bankers accruing too much power and too great a share of the economic cake. So how is this threat to be countered? States such as Sweden in the 1990s, California at different times or Britain under Thatcher all halted stagnation by clearing away the powers of interest groups and restoring their societies' ability to evolve. To survive, the West needs to be porous, open and flexible. From reinventing welfare systems to redefining the working age, from reimagining education to embracing automation, Emmott lays out the changes the West must make to revive itself in the moment and avoid a deathly rigid future.

A revolutionary new argument from eminent Yale Law professor Daniel Markovits attacking the false promise of meritocracy It is an axiom of American life that advantage should be earned through ability and effort. Even as the country divides itself at every turn, the meritocratic ideal – that social and economic rewards should follow achievement rather than breeding – reigns supreme. Both Democrats and Republicans insistently repeat meritocratic notions. Meritocracy cuts to the heart of who we are. It sustains the American dream. But what if, both up and down the social ladder, meritocracy is a sham? Today, meritocracy has become exactly what it was conceived to resist: a mechanism for the concentration and dynastic transmission of wealth and privilege across generations. Upward mobility has become a fantasy, and the embattled middle classes are now more likely to sink into the working poor than to rise into the professional elite. At the same time, meritocracy now ensnares even those who manage to claw their way to the top, requiring rich adults to work with crushing intensity, exploiting their expensive educations in order to extract a return. All this is not the result of deviations or retreats from meritocracy but rather stems directly from meritocracy’s successes. This is the radical argument that Daniel Markovits prosecutes with rare force. Markovits is well placed to expose the sham of meritocracy. Having spent his life at elite universities, he knows from the inside the corrosive system we are trapped within. Markovits also knows that, if we understand that meritocratic inequality produces near-universal harm, we can cure it. When The Meritocracy Trap reveals the inner workings of the meritocratic machine, it also illuminates the first steps outward, towards a new world that might once again afford dignity and prosperity to the American people.

Original publication and copyright date: 2009.