Randall Kennedy
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Randall LeRoy Kennedy (born September 10, 1954) is an American legal scholar. He is the Michael R. Klein Professor of Law at
Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
and his research focuses on the intersection of racial conflict and legal institutions in American life. He specializes in contracts,
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, race relations law, civil rights legislation, and the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
. Kennedy has written seven books: ''Interracial Intimacies: Sex, Marriage, Identity and Adoption''; '' Nigger: The Strange Career of a Troublesome Word''; ''Race, Crime, and the Law''; ''Sellout: The Politics of Racial Betrayal''; ''The Persistence of the Color Line''; ''For Discrimination: Race, Affirmative Action, and the Law''; and ''Say It Loud!: On Race, Law, History, and Culture''. He has also published several collections of shorter works.


Early life and education

Randall LeRoy Kennedy was born on September 10, 1954, in
Columbia, South Carolina Columbia is the List of capitals in the United States, capital city of the U.S. state of South Carolina. With a population of 136,632 at the 2020 United States census, 2020 census, it is List of municipalities in South Carolina, the second-mo ...
, the middle child of Henry Kennedy Sr., a postal worker, and Rachel Kennedy, an elementary school teacher. He has two siblings, Henry H. Kennedy, Jr., a former United States District Court Judge for the
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
, and Angela Kennedy, a lawyer at the Public Defender Service for the District of Columbia. Kennedy has said that tales of racial oppression and racial resistance were staples of conversation in his household. His father often spoke of watching Thurgood Marshall argue ''Rice vs. Elmore'', the case that invalidated the rule permitting only whites to vote in South Carolina's Democratic primary. Later that decade, fleeing the abuses of
Jim Crow The Jim Crow laws were state and local laws introduced in the Southern United States in the late 19th and early 20th centuries that enforced racial segregation, " Jim Crow" being a pejorative term for an African American. The last of the ...
, his parents moved to Washington, D.C. Kennedy attended St. Albans School in Washington, D.C., and graduated ''cum laude'' with a B.A. degree in history from
Princeton University Princeton University is a private university, private Ivy League research university in Princeton, New Jersey, United States. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial ...
in 1977, after completing an 135-page senior thesis, " Richard Hofstadter: The Historian as Social Critic". Kennedy then studied as a
Rhodes Scholar The Rhodes Scholarship is an international Postgraduate education, postgraduate award for students to study at the University of Oxford in Oxford, United Kingdom. The scholarship is open to people from all backgrounds around the world. Esta ...
at
Balliol College, Oxford Balliol College () is a constituent college of the University of Oxford. Founded in 1263 by nobleman John I de Balliol, it has a claim to be the oldest college in Oxford and the English-speaking world. With a governing body of a master and aro ...
, from 1977 to 1979 and at
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
, where he received a J.D. in 1982. Kennedy served as an editor for the '' Yale Law Journal''. He served as a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
for Judge J. Skelly Wright of the United States Court of Appeals for the D.C. Circuit in 1982–83 and for Justice Thurgood Marshall of the United States
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
in 1983–84. Kennedy was admitted to the Washington, D.C. bar in 1983. He is a member of the bar of the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
, a fellow of the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (The Academy) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and other ...
, and a member of both the
American Philosophical Association The American Philosophical Association (APA) is the main professional organization for philosophers in the United States. Founded in 1900, its mission is to promote the exchange of ideas among philosophers, to encourage creative and scholarl ...
and the
American Philosophical Society The American Philosophical Society (APS) is an American scholarly organization and learned society founded in 1743 in Philadelphia that promotes knowledge in the humanities and natural sciences through research, professional meetings, publicat ...
.


Career


Academia

In 1984, Kennedy joined the faculty at
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, teaching courses on race, law, and freedom of expression. He first came to prominence as a legal-academic scholar when he began addressing affirmative action. In 1997, he published ''Race, Crime, and the Law'', which received the Robert F. Kennedy Book Award in 1998. "This book is a brave, honest, forceful intervention in that debate", wrote William A. Galston and David Wasserman in the '' Wilson Quarterly'', adding: "With restrained passion, he documents the myriad ways in which our legal system has betrayed the principle of fair and equal treatment for
African Americans African Americans, also known as Black Americans and formerly also called Afro-Americans, are an American racial and ethnic group that consists of Americans who have total or partial ancestry from any of the Black racial groups of Africa ...
." Kennedy argues in the book that African Americans have suffered at the hands of the criminal justice system, but also claims that blacks have committed a "notably large proportion" of the crimes that people are most afraid of ( robbery,
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
,
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
,
aggravated assault In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result ...
). He likewise argues that the need to protect black communities from crime has often been neglected. Galston and Wasserman wrote: "Too often, says Kennedy, black leaders show more concern for black perpetrators of crime than for their black victims."Galston, William A., and David T. Wasserman (Spring 1997)
"Color-Blind Justise?
ic''The Wilson Quarterly'', p. 100.


Views

Kennedy is known as being unafraid to tackle socially difficult issues, such as racism. He has written for academic and popular journals, published several books, and served on the editorial boards of the magazines '' American Prospect'' and ''
The Nation ''The Nation'' is a progressive American monthly magazine that covers political and cultural news, opinion, and analysis. It was founded on July 6, 1865, as a successor to William Lloyd Garrison's '' The Liberator'', an abolitionist newspaper ...
''. Kennedy has written extensively on interracial marriages and adoptions, and on the relationship between race and crime. His views have garnered acclaim and controversy. "One of the things they riticsfind disconcerting is that I ask questions", Kennedy told Lawrence Donegan in the
London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
'' Observer''. "I actually question the premise of my own thinking and push my own conclusions hard. I thought that was what intellectuals were supposed to do." Despite the firestorm created by Kennedy's published work, Donegan said that Kennedy's "colleagues variously describe him as brilliant, well-read and personable". Kennedy is a staunch defender of
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, stating "a speech-protective culture—a culture that defends even ugly expression—benefits minority communities, that depend upon protest to make their presence and their preferences seen and heard." In 2002, controversy erupted when Kennedy published '' Nigger: The Strange Career of a Troublesome Word''. "The power of '
Nigger In the English language, ''nigger'' is a racial slur directed at black people. Starting in the 1990s, references to ''nigger'' have been increasingly replaced by the euphemistic contraction , notably in cases where ''nigger'' is Use–menti ...
, Charles Taylor wrote in ''
Salon Salon may refer to: Common meanings * Beauty salon A beauty salon or beauty parlor is an establishment that provides Cosmetics, cosmetic treatments for people. Other variations of this type of business include hair salons, spas, day spas, ...
'', "is that Kennedy writes fully of the word, neither condemning its every use nor fantasizing that it can ever become solely a means of empowerment." In the book, Kennedy explores the word's history, and how its meaning varies according to the context of its use. "I'm not saying that any particular instance of using the N-word is any more horrifying and menacing than any other such word", he told Daniel Smith in ''
The Atlantic ''The Atlantic'' is an American magazine and multi-platform publisher based in Washington, D.C. It features articles on politics, foreign affairs, business and the economy, culture and the arts, technology, and science. It was founded in 185 ...
'' magazine. "I am saying that from a broad
sociological Sociology is the scientific study of human society that focuses on society, human social behavior, patterns of social relationships, social interaction, and aspects of culture associated with everyday life. The term sociology was coined in ...
view, the word is associated with more havoc in
American society The society of the United States is based on Western culture, and has been developing since long before the United States became a country with its own unique social and cultural characteristics such as American English, dialect, Music of the ...
than other racial slurs." In ''Interracial Intimacies: Sex, Marriage, Identity and Adoption'' (2003), Kennedy attempts to bring greater understanding to the racial issues that continue to trouble American society. "His premise is based on common sense", wrote Emily Bernard in '' Black Issues Book Review''.Bernard, Emily (March 1, 2003)
"Interracial Intimacies" (Book Review)
''Black Issues Book Review''.
"Until
Americans Americans are the Citizenship of the United States, citizens and United States nationality law, nationals of the United States, United States of America.; ; Law of the United States, U.S. federal law does not equate nationality with Race (hu ...
confront racial bias in the most intimate arenas of their lives, we will continue to live with racism and its consequences." Unlike many black intellectuals, Kennedy supports interracial adoption. "Parenting is a mysterious thing", he told Lise Funderburg in '' Essence'' magazine. "People will learn what they need to learn in order to help their child along. I'm willing to assume that with respect to all parents, including White people who want to adopt Black kids." Kennedy explores interracial marriages throughout American history as well as their presence in literature and film. "There is something hopeful in Kennedy's historical accounts", Bernard writes. "In spite of the law ... some individuals managed to maintain honorable and nuanced relationships with people they were legally forbidden to approach as equals." Kennedy's views have been controversial even among other black intellectuals. Darcus Howe noted of ''Nigger'' in '' The New Statesman'': "Had a white person used the word, rejection would have been immediate. Now white society can always point to Kennedy and say that a negro advanced the view that 'nigger' is acceptable." Many black scholars have called Kennedy's work
conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
, and worry that books such as ''Race, Crime, and the Law'' provide political cover for white conservatives. "Over the years", wrote Derrick Bell, "Professor Kennedy has become the impartial, black intellectual, commenting on our still benighted condition and as ready to criticize as commend." When asked by Kate Tuttle of '' Africana'' how he felt about the controversy over ''Nigger'', Kennedy replied: "What's the worst that happens? That someone writes a very long diatribe in ''
The New Yorker ''The New Yorker'' is an American magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. It was founded on February 21, 1925, by Harold Ross and his wife Jane Grant, a reporter for ''The New York T ...
'' excoriating me...I'm not facing firing squads, I'm not facing exile, I'm not facing jail." Kennedy is a strong critic of the US Supreme Court's decision in '' Shelby County v. Holder'', writing that it was "the most unjustifiable and hurtful decision imposed upon black America during the past half century...that cripple legislation for which proponents of racial justice marched, bled, and in some instances died." Kennedy has criticized the prison abolition and defund the police movements, stating that "It is true that far too many people are imprisoned in the US, that the process by which people are incarcerated is shot through with unfairness, than an appreciable number of prisoners are wrongly convicted, and that cruel, inhumane, and dangerous conditions are far too prevalent in American prisons. America is disgraced by the barbarity, the hyper-punitiveness, and the obvious inequities in its system of criminal justice. But it is not improper for a society to protect itself from individuals who rape, murder, assault, or rob others in violation of laws that set boundaries that, if crossed, make one vulnerable to imprisonment." Kennedy opposes the
death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
. In March 2021, Kennedy participated in a debate hosted by Intelligence Squared US on the issue of slavery reparations, taking the position that he is "not an enemy of reparations, but has deep concerns about it". He said his principal objections were the waste of important time and energy on a "futile movement", administrative difficulties associated with reparations, that they poorly target those who are presently in need, and that reparations will likely have unintended consequences.


Current activities

Through numerous appearances on the lecture circuit, Kennedy continues to promote debate on hot-button racial issues in the public arena. "If you are socially isolated", he told Regan Goode in ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', "you are more vulnerable to stereotypes and myths, you won't have the opportunity to have conversations with someone who has a different social background than you." While many critics have attempted to use Kennedy's work to advance their own agendas, he has retained his academic independence. "Against black pessimists", wrote Galston and Wasserman, argues that substantial progress has been made toward the ideal of color-blind justice. Against complacent whites, he argues that there is still a long way to go." According to Kennedy, the relationship between white and black America remains one of America's most perplexing problems. "Obviously there are all sorts of ethnic, racial conflicts in American society", Kennedy told Smith, "but there's one that is deeper than all the others and that's white/black racial conflict." Kennedy served as a trustee of Princeton University from 1994 to 1998 and from 2005 to 2015. He also serves on the Board of Directors at The National Coalition Against Censorship. In May 2023, Kennedy gave a long-form interview on the Lex Fridman podcast entitled "The N-Word - History of Race, Law, Politics, and Power".


Personal life

In 1986, Kennedy married Yvedt Matory, a cancer surgeon. They have three children. Matory died on April 15, 2005, of complications from
melanoma Melanoma is the most dangerous type of skin cancer; it develops from the melanin-producing cells known as melanocytes. It typically occurs in the skin, but may rarely occur in the mouth, intestines, or eye (uveal melanoma). In very rare case ...
.


Works

* 1989. "Racial Critiques of Legal Academia" 102 Harvard L. Rev. 1745–1819. * 1997. ''Race, Crime, and the Law''. * 2002. '' Nigger: The Strange Career of a Troublesome Word''. * 2003. ''Interracial Intimacies: Sex, Marriage, Identity and Adoption''. * 2008. ''Sellout: The Politics of Racial Betrayal''. * 2011. ''The Persistence of the Color Line: Racial Politics and the Obama Presidency''. * 2013. ''For Discrimination: Race, Affirmative Action, and the Law''. * 2021. ''Say It Loud! On Race, Law, History, and Culture''.


Awards

* National Achievement scholarship, 1973–77 * Rhodes scholarship, 1977–79 * Earl Warren Legal Training scholarship, 1979–82 * Honorary Doctorate,
University of Chicago The University of Chicago (UChicago, Chicago, or UChi) is a Private university, private research university in Chicago, Illinois, United States. Its main campus is in the Hyde Park, Chicago, Hyde Park neighborhood on Chicago's South Side, Chic ...
, 2024


See also

* List of law clerks of the Supreme Court of the United States (Seat 10)


References


Further reading

* Thomas, Rhondda R., & Ashton, Susanna, eds. (2014)
''The South Carolina Roots of African American Thought''
Columbia: University of South Carolina Press. "Randall L. Kennedy (b. 1954)", pp. 319–322.


External links

* * {{DEFAULTSORT:Kennedy, Randall 20th-century African-American people 21st-century African-American academics 21st-century American academics 1954 births African-American legal scholars American academic administrators American legal scholars American Rhodes Scholars Harvard Law School faculty Law clerks of the Supreme Court of the United States Lawyers from Columbia, South Carolina Living people Members of the American Philosophical Society Princeton University alumni St. Albans School (Washington, D.C.) alumni Writers from Columbia, South Carolina Yale Law School alumni