Randall Kennedy
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Randall LeRoy Kennedy (born September 10, 1954) is an American law professor at
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
and author. He is the Michael R. Klein Professor of Law 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 right to freedom of expression has been recogni ...
, race relations law, civil rights legislation, and the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. Kennedy has written six 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''; and ''For Discrimination: Race, Affirmative Action, and the Law''. Kennedy has also published several collections of shorter works. Many of his articles can be found in periodicals and newspapers, such as ''
The American Prospect ''The American Prospect'' is a daily online and bimonthly print American political and public policy magazine dedicated to American modern liberalism and progressivism. Based in Washington, D.C., ''The American Prospect'' says it "is devoted to ...
'', ''
The Nation ''The Nation'' is an American liberal biweekly 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 tha ...
'', ''
The Atlantic Monthly ''The Atlantic'' is an American magazine and multi-platform publisher. It features articles in the fields of politics, foreign affairs, business and the economy, culture and the arts, technology, and science. It was founded in 1857 in Boston, ...
'', ''
Georgetown Law Journal ''The Georgetown Law Journal'' is a student-edited scholarly journal published at Georgetown University Law Center. It is the flagship law review of the Georgetown University Law Center. Overview The ''Georgetown Law Journal'' is headquartered ...
'', ''Harvard BlackLetter Journal'', and ''
The Boston Globe ''The Boston Globe'' is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes, and has a total circulation of close to 300,000 print and digital subscribers. ''The Boston Glob ...
''. His book ''Race, Crime, and the Law'' won the Robert F. Kennedy Book Award.


Early life and education

Randall LeRoy Kennedy was born on September 10, 1954, in
Columbia, South Carolina Columbia is the capital of the U.S. state of South Carolina. With a population of 136,632 at the 2020 census, it is the second-largest city in South Carolina. The city serves as the county seat of Richland County, and a portion of the city ...
, 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 ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, and Angela Kennedy, a lawyer at the
Public Defender Service for the District of Columbia The Public Defender Service (PDS) for the District of Columbia provides legal defense to individuals on a court-appointed basis for criminal (at the trial and appellate levels) and delinquency cases indigent adult and juvenile defendants/ responde ...
. 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 Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
argue ''Rice vs. Elmore'', the case that invalidated the rule permitting only whites to vote in South Carolina's
Democratic primary This is a list of Democratic Party presidential primaries. 1912 This was the first time that candidates were chosen through primaries. New Jersey Governor Woodrow Wilson ran to become the nominee, and faced the opposition of Speaker of the Uni ...
. Later that decade, fleeing the abuses of
Jim Crow The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
, his parents moved to
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
Kennedy attended St. Albans School in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, and graduated ''cum laude'' with an A.B. in history from
Princeton University Princeton University is a private university, private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial Colleges, fourth-oldest ins ...
in 1977 after completing an 135-page long senior thesis, "
Richard Hofstadter Richard Hofstadter (August 6, 1916October 24, 1970) was an American historian and public intellectual of the mid-20th century. Hofstadter was the DeWitt Clinton Professor of American History at Columbia University. Rejecting his earlier historic ...
: The Historian as Social Critic." He then studied as a
Rhodes Scholar The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford, in the United Kingdom. Established in 1902, it is the oldest graduate scholarship in the world. It is considered among the world' ...
at
Balliol College Balliol College () is one of the constituent colleges of the University of Oxford in England. One of Oxford's oldest colleges, it was founded around 1263 by John I de Balliol, a landowner from Barnard Castle in County Durham, who provided the f ...
,
University of Oxford , mottoeng = The Lord is my light , established = , endowment = £6.1 billion (including colleges) (2019) , budget = £2.145 billion (2019–20) , chancellor ...
from 1977 to 1979 and at
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
, where he received a J.D. in 1982. Kennedy served as an editor for the ''
Yale Law Journal The ''Yale Law Journal'' (YLJ), known also as the ''Yale Law Review'', is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students ...
''. He served as a
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
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 Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
of the
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Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in 1983-84. He was admitted to the
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
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 U.S. federal court cases, and over state court cases that involve a point o ...
, a fellow of the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (abbreviation: AAA&S) 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 ...
, 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 scholarly ...
and the
American Philosophical Society The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communit ...
.


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, also redundantly known as malignant melanoma, is a type of skin cancer that develops from the pigment-producing cells known as melanocytes. Melanomas typically occur in the skin, but may rarely occur in the mouth, intestines, or eye ( ...
.


Career


Academia

In 1984 Kennedy joined the faculty at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
, 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, Kennedy 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 ''The Wilson Quarterly'' is a magazine published by the Woodrow Wilson International Center for Scholars in Washington, D.C. The magazine was founded in 1976 by Peter Braestrup and James H. Billington. It is noted for its nonpartisan, non-ideolo ...
'', 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 referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
." Kennedy argues in the book that
African Americans African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
have suffered at the hands of the
criminal justice system Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
, but also claims that blacks have committed a "notably large proportion" of the crimes that people are most afraid of (
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
,
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
,
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
aggravated assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
). 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 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 ''The American Prospect'' is a daily online and bimonthly print American political and public policy magazine dedicated to American modern liberalism and progressivism. Based in Washington, D.C., ''The American Prospect'' says it "is devoted to ...
'' and ''
The Nation ''The Nation'' is an American liberal biweekly 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 tha ...
''. Kennedy has written extensively on
interracial marriages Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 19 ...
and adoptions, and on the relationship between
race and crime Race is one of the correlates of crime receiving attention in academic studies, government surveys, media coverage, and public concern. Research has found that social status, poverty, and childhood exposure to violent behavior are causes of the r ...
. His views have garnered acclaim and controversy. "One of the things they riticsfind disconcerting is that I ask questions", Kennedy told
Lawrence Donegan Lawrence Donegan (born 13 July 1961) is a Scottish journalist and former musician.Lawrence Donegan
in the ''
London Observer ''The Observer'' is a British newspaper published on Sundays. It is a sister paper to ''The Guardian'' and ''The Guardian Weekly'', whose parent company Guardian Media Group Limited acquired it in 1993. First published in 1791, it is the w ...
''. "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." In 2002, controversy erupted when Kennedy published '' Nigger: The Strange Career of a Troublesome Word''. "The power of '
Nigger In the English language, the word ''nigger'' is an ethnic slur used against black people, especially African Americans. Starting in the late 1990s, references to ''nigger'' have been progressively replaced by the euphemism , notably in cases ...
,'" Charles Taylor wrote in ''
Salon Salon may refer to: Common meanings * Beauty salon, a venue for cosmetic treatments * French term for a drawing room, an architectural space in a home * Salon (gathering), a meeting for learning or enjoyment Arts and entertainment * Salon (P ...
'', "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 In the English language, the word ''nigger'' is an ethnic slur used against black people, especially African Americans. Starting in the late 1990s, references to ''nigger'' have been progressively replaced by the euphemism , notably in cases ...
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. It features articles in the fields of politics, foreign affairs, business and the economy, culture and the arts, technology, and science. It was founded in 1857 in Boston, ...
''. "I am saying that from a broad
sociological Sociology is a social science that focuses on society, human social behavior, patterns of social relationships, social interaction, and aspects of culture associated with everyday life. It uses various methods of empirical investigation and ...
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 dialect, music, arts, social habits, ...
than other
racial slurs The following is a list of ethnic slurs or ethnophaulisms or ethnic epithets that are, or have been, used as insinuations or allegations about members of a given ethnicity or racial group or to refer to them in a derogatory, pejorative, or oth ...
." 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''. "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.; ; Although direct citizens and nationals make up the majority of Americans, many Multi ...
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 Essence ( la, essentia) is a polysemic term, used in philosophy and theology as a designation for the property or set of properties that make an entity or substance what it fundamentally is, and which it has by necessity, and without which it ...
''. "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 Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 19 ...
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 Leighton Rhett Radford "Darcus" Howe (26 February 1943 – 1 April 2017)"Civil ...
noted of ''Nigger'' in ''
New Statesman The ''New Statesman'' is a British political and cultural magazine published in London. Founded as a weekly review of politics and literature on 12 April 1913, it was at first connected with Sidney and Beatrice Webb and other leading members ...
'', "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 his work
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
, and worry that books like ''Race, Crime, and the Law'' provide political cover for white conservatives. "Over the years", wrote
Derrick Bell Derrick Albert Bell Jr. (November 6, 1930 – October 5, 2011) was an American lawyer, professor, and civil rights activist. Bell worked for first the U.S. Justice Department, then the NAACP Legal Defense Fund, where he supervised over 300 scho ...
, "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 weekly magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. Founded as a weekly in 1925, the magazine is published 47 times annually, with five of these issues ...
'' excoriating me...I'm not facing firing squads, I'm not facing exile, I'm not facing jail." In March 2021, Kennedy participated in a debate hosted by Intelligence Squared US on the issue of
slavery reparations Reparations for slavery is the application of the concept of reparations to victims of slavery and/or their descendants. There are concepts for reparations in legal philosophy and reparations in transitional justice. Reparations can take numer ...
, 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'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', "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 noted, 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.


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 The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford, in the United Kingdom. Established in 1902, it is the oldest graduate scholarship in the world. It is considered among the world' ...
, 1977–79 * Earl Warren Legal Training scholarship, 1979–82


See also

*
List of law clerks of the Supreme Court of the United States (Seat 10) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Mos ...


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