Randall L. Kennedy

Michael R. Klein Professor of Law

Areeda 228

617-495-0907

Assistant: Benjamin Sears / 617-495-9534

Biography

Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He was born in Columbia, South Carolina. For his education he attended St. Albans School, Princeton University, Oxford University, and Yale Law School. He served as a law clerk for Judge J. Skelly Wright of the United States Court of Appeals and for Justice Thurgood Marshall of the United States Supreme Court. He is a member of the bar of the District of Columbia and the Supreme Court of the United States. Awarded the 1998 Robert F. Kennedy Book Award for Race, Crime, and the Law, Mr Kennedy writes for a wide range of scholarly and general interest publications. His most recent books are For Discrimination: Race, Affirmative Action, and the Law (2013), The Persistence of the Color Line: Racial Politics and the Obama Presidency (2011), Sellout: The Politics of Racial Betrayal (2008), Interracial Intimacies: Sex, Marriage, Identity, and Adoption (2003), Nigger: The Strange Career of a Troublesome Word (2002), The Persistence of the Color Line (2011) and For Discrimination: Race, Affirmative Action, and the Law (2013). A member of the American Law Institute, the American Academy of Arts and Sciences, and the American Philosophical Association, Mr. Kennedy is also a Charter Trustee of Princeton University.

Areas of Interest

Randall L. Kennedy, Persistence of the Color Line: Racial Politics and the Obama Presidency (Pantheon 2011).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Discrimination
,
Executive Office
,
Politics & Political Theory
Type: Book
Abstract
Timely—as the 2012 presidential election nears—and controversial, here is the first book by a major African-American public intellectual on racial politics and the Obama presidency. Renowned for his cool reason vis-à-vis the pitfalls and clichés of racial discourse, Randall Kennedy—Harvard professor of law and author of the New York Times best seller Nigger: The Strange Career of a Troublesome Word—gives us a keen and shrewd analysis of the complex relationship between the first black president and his African-American constituency. Kennedy tackles such hot-button issues as the nature of racial opposition to Obama, whether Obama has a singular responsibility to African Americans, electoral politics and cultural chauvinism, black patriotism, the differences in Obama’s presentation of himself to blacks and to whites, the challenges posed by the dream of a postracial society, and the far-from-simple symbolism of Obama as a leader of the Joshua generation in a country that has elected only three black senators and two black governors in its entire history. Eschewing the critical excesses of both the left and the right, Kennedy offers a gimlet-eyed view of Obama’s triumphs and travails, his strengths and weaknesses, as they pertain to the troubled history of race in America.
Randall L. Kennedy, Interracial Intimacies: Sex, Marriage, Identity, and Adoption (Pantheon 2003).
Categories:
Constitutional Law
,
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Race & Ethnicity
,
Gender & Sexuality
,
Children's Law & Welfare
,
Domestic Relations
Type: Book
Abstract
In Interracial Intimacies, Randall Kennedy hits a nerve at the center of American society: race relations and our most intimate ties to each other. Writing with the same piercing intelligence he brought to his national bestseller Nigger: The Strange Career of a Troublesome Word, Kennedy here challenges us to examine how prejudices and biases still fuel fears and inform our sexual, marital, and family choices. Analyzing the tremendous changes in the history of America’s racial dynamics, Kennedy takes us from the injustices of the slave era up to present-day battles over race matching adoption policies, which seek to pair children with adults of the same race. He tackles such subjects as the presence of sex in racial politics, the historic role of legal institutions in policing racial boundaries, and the real and imagined pleasures that have attended interracial intimacy. A bracing, much-needed look at the way we have lived in the past, Interracial Intimacies is also a hopeful book, offering a potent vision of our future as a multiracial democracy.
Randall L. Kennedy, Race, Crime, and the Law (Pantheon 1997).
Categories:
Criminal Law & Procedure
,
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Justice & Law Enforcement
,
Race & Ethnicity
Type: Book
Abstract
In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another.
Randall L. Kennedy, A Caricature of Black Reality, Am. Prospect, Nov. 19, 2015 (reviewing Ta-Nehisi Coates, Between the World and Me (2015)).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Discrimination
,
Civil Rights
Type: Article
Randall Kennedy, Tarnished Hero, N.Y. Times, July 14, 2015, at BR8 (reviewing Harper Lee, Go Set a Watchman (2015)).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
Type: News
Randall L. Kennedy, Judge J. Skelly Wright and the Racial Desegregation of Louisiana, 61 Loy. L. Rev. 57 (2015).
Categories:
Legal Profession
,
Constitutional Law
,
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
Sub-Categories:
Constitutional History
,
Race & Ethnicity
,
Law & Social Change
,
Biography & Tribute
Type: Article
Randall L. Kennedy, Lifting As We Climb: A progressive defense of respectability politics, Harper's Mag., Oct. 2015.
Categories:
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Discrimination
,
Domestic Relations
Type: Article
Randall L. Kennedy, Old Poison, New Battles, Harper's Mag., Aug. 2015.
Categories:
Government & Politics
,
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Race & Ethnicity
,
Courts
,
Elections & Voting
Type: Article
Randall L. Kennedy, Black America’s Promised Land: Why I Am Still a Racial Optimist, Am. Prospect, Nov. 10, 2014.
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Elections & Voting
,
Executive Office
Type: Article
Randall L. Kennedy, Ackerman’s Brown, 123 Yale L.J. 3064 (2014).
Categories:
Government & Politics
,
Family Law
,
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Education Law
,
Supreme Court of the United States
Type: Article
Abstract
This essay contends that, despite its revisionist ethos, Professor Ackerman’s We the People: The Civil Rights Revolution is conventional in its assessment of Brown v. Board of Education. Ackerman praises Brown as “the greatest judicial opinion of the twentieth century.” But the Supreme Court in Brown evaded offering a candid explanation of the white supremacist purpose animating de jure racial segregation. Absent from the most honored race relations decision in American constitutional law is any express reckoning with racism.
Randall L. Kennedy, The Civil Rights Act's Unsung Victory, Harper's Mag., Jun. 2014.
Categories:
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
Type: Article
Randall L. Kennedy, Colorblind Constitutionalism: The Robert L. Levine Distinguished Lecture Series, 82 Fordham L. Rev. 1 (2013).
Categories:
Constitutional Law
,
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
Sub-Categories:
Constitutional History
,
Race & Ethnicity
,
Civil Rights
,
Law & Social Change
Type: Article
Randall L. Kennedy, For Discrimination: Race, Affirmative Action, and the Law (Vintage 2013).
Categories:
Labor & Employment
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Employment Discrimination
Type: Book
Abstract
For Discrimination is at once the definitive reckoning with one of America’s most explosively contentious and divisive issues and a principled work of advocacy for clearly defined justice. What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy gives us a concise and deeply personal overview of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.
Randall L. Kennedy, Blacks Reject Cain For Good Reason, CNN.com, Oct. 18, 2011.
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Executive Office
,
Elections & Voting
,
Politics & Political Theory
Type: Other
Randall L. Kennedy, Why Obama's Black Critics are Wrong, CNN.com, Sept. 19, 2011.
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Executive Office
,
Elections & Voting
,
Politics & Political Theory
Type: Other
Randall L. Kennedy, A Right of All Citizens: Why Naturalized Americans Should Be Allowed To Run For President, New Republic Online, May 12, 2011.
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
Elections & Voting
,
Executive Office
Type: Article
Randall L. Kennedy, The Case for Early Retirement: Why Justices Ginsburg and Breyer should retire immediately, New Republic Online, Apr. 28, 2011.
Categories:
Government & Politics
Sub-Categories:
Courts
,
Supreme Court of the United States
Type: Article
Randall L. Kennedy, The Media Jabs Are Unfair, Kagan Will Fight for Equality on the Court, Huffington Post, May 12, 2010.
Categories:
Government & Politics
,
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Supreme Court of the United States
,
Judges & Jurisprudence
,
Biography & Tribute
Type: News
Best African American Essays 2010 (Gerald Early & Randall L. Kennedy eds., Random House 2010).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
Type: Book
Randall L. Kennedy, Comments on the Sixth Annual Wiley A. Branton/Howard Law Journal Symposium, 53 How. L.J. 801 (2010).
Categories:
Government & Politics
,
Constitutional Law
,
Discrimination & Civil Rights
,
Legal Profession
Sub-Categories:
Courts
,
Judges & Jurisprudence
Type: Article
Randall L. Kennedy, Sellout: The Politics of Racial Betrayal (Pantheon 2008).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Discrimination
,
Politics & Political Theory
Type: Book
Abstract
Kennedy grapples with a stigmatized phrase: "selling out," or racial betrayal, a subject of much anxiety and acrimony in Black America. He atomizes the changing meanings of the term and shows how its usage bedevils blacks and whites. He begins his exploration with a historical definition of the "black" community, accounting for who is considered black and who is not. He looks at the ways in which prominent members of that community--Colin Powell, Condoleezza Rice, and Barack Obama, among others--have been stigmatized as sellouts. He outlines the history of the suspicion of racial betrayal among blacks, shows how current fears of selling out are expressed in thought and practice, and offers a case study of the quintessential "sellout"--Supreme Court Justice Clarence Thomas, perhaps the most vilified black public official in American history.
Randall L. Kennedy, Finding a Proper Name to Call Black Americans, J. Blacks Higher Educ. 46 (2005).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
Type: Article
Randall L. Kennedy, The Man From Pin Point, Wash. Post, Aug. 22, 2004 (reviewing Ken Foskett, Judging Thomas: The Life and Times of Clarence Thomas (2004)).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Supreme Court of the United States
,
Biography & Tribute
Type: News
Randall L Kennedy, Schoolings in Equality: What Brown Did and Did Not Accomplish, New Republic, July 5, 2004, at 29 (reviewing Richard Kluger, Simple Justice (2004)).
Categories:
Government & Politics
,
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Education Law
,
Judges & Jurisprudence
Type: Article
Randall L. Kennedy, The Government's Civil Rights Man, J. Blacks Higher Educ. 44 (Summer 2004) (reviewing Norman I. Silber, With All Deliberate Speed: The Life of Philip Elman (2004)).
Categories:
Government & Politics
,
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Civil Rights
,
Race & Ethnicity
,
Judges & Jurisprudence
Type: Article
Randall L. Kennedy, Affirmative Reaction, Am. Prospect, Feb. 19, 2003, at 9.
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Courts
,
Judges & Jurisprudence
,
Politics & Political Theory
,
Supreme Court of the United States
Type: Article
Randall L. Kennedy, The Triumph of Robust Tokenism, in Best American Political Writing 2002 (Royce Flippin ed., 2002).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Politics & Political Theory
,
Judges & Jurisprudence
Type: Book
Randall L. Kennedy, State of the Debate: White Parents, Black Children, Am. Prospect, Aug. 12, 2002, at 32 (reviewing J. Douglas Bates, Gift Children: A Story of Race, Family, and Adoption in a Divided America, Jana Wolf, Secret Thoughts of an Adoptive Mother, & Sharon E. Rush, Loving across the Color Line: A White Adoptive Mother Learns about Race).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Race & Ethnicity
,
Children's Law & Welfare
Type: Article
Randall L. Kennedy, Interracial Intimacy, Atlantic Monthly, Dec. 2002.
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Gender & Sexuality
,
Domestic Relations
Type: Article
Abstract
Americans are already what racial purists have long feared: a people characterized by a great deal of racial admixture, or what many in the past referred to distastefully as "mongrelization." In pigmentation, width of noses, breadth of lips, texture of hair, and other telltale signs, the faces and bodies of millions of Americans bear witness to interracial sexual encounters. Some were joyful, passionate, loving affairs. Many were rapes. Others contained elements of both choice and coercion. These different kinds of interracial intimacy and sexual depredation all reached their peak in the United States during the age of slavery, and following the Civil War they decreased markedly. Since the end of the civil-rights revolution interracial dating, interracial sex, and interracial marriage have steadily increased, as has the number of children born of interracial unions. This development has prompted commentators to speak of the "creolization" or "browning" or "beiging" of America.
Randall L. Kennedy, Marching Toward Justice: An Exhibition Review, 75 New Eng. Q. 129 (2002) (reviewing Long Road to Justice: The African-American Experience in the Massachusetts Courts (Justice George Lewis Ruffin Soc'y, Inc., 2000-2002).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Judges & Jurisprudence
,
Courts
Type: Article
Randall L. Kennedy, Nigger: The Strange Career of a Troublesome Word (Pantheon 2002).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Discrimination
Type: Book
Abstract
It’s "the nuclear bomb of racial epithets," a word that whites have employed to wound and degrade African Americans for three centuries. Paradoxically, among many black people it has become a term of affection and even empowerment. The word, of course, is nigger, and in this candid, lucidly argued book the distinguished legal scholar Randall Kennedy traces its origins, maps its multifarious connotations, and explores the controversies that rage around it. Should blacks be able to use nigger in ways forbidden to others? Should the law treat it as a provocation that reduces the culpability of those who respond to it violently? Should it cost a person his job, or a book like Huckleberry Finn its place on library shelves? With a range of reference that extends from the Jim Crow south to Chris Rock routines and the O. J. Simpson trial, Kennedy takes on not just a word, but our laws, attitudes, and culture with bracing courage and intelligence.
Randall L. Kennedy, Preface, in Reconstructing the Dreamland: The Tulsa Riot of 1921, Race, Reparations, and Reconciliation (Alfred L. Brophy, 2002).
Categories:
Government & Politics
,
Legal Profession
,
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Race & Ethnicity
,
Discrimination
,
Civil Rights
,
Politics & Political Theory
,
Government Accountability
,
Legal History
Type: Book
Abstract
"The 1921 Tulsa Race Riot was the country's bloodiest civil disturbance of the century. With perhaps 150 dead, 30 city blocks burned to the ground, and more than a thousand families homeless, the riot represented an unprecedented breakdown of the rule of law. It left the prosperous black community of Greenwood, Oklahoma reduced to rubble." "In Reconstructing the Dreamland, Alfred Brophy draws on his own extensive research into contemporary accounts and court documents to chronicle this devastating riot, showing how and why the rule of law quickly eroded. Brophy offers a gut-wrenching portrait of mob violence and racism run amok, both on the night of the riot and the morning after, when a coordinated sunrise attack, accompanied by airplanes, stormed through Greenwood, torching and looting the community. Equallty important, he shows how the city government and police not only permitted the looting, shootings, and burning of Greenwood, but actively participated in it. The police department, fearing that Greenwood was erupting into a "negro uprising" (which Brophy shows was not the case), deputized white citizens haphazardly, gave out guns and badges with little background check, or sent men to hardware stores to arm themselves. Likewise, the Tulsa-based units of the National Guard acted unconstitutionally, arresting every black resident they could find, leaving Greenwood property vulnerable to the white mob, special deputies, and police that followed behind and burned it."--Jacket.
Randall L. Kennedy, Rejection Sustained, Atlantic Monthly, Sept. 2002.
Categories:
Government & Politics
Sub-Categories:
Politics & Political Theory
,
Elections & Voting
,
Supreme Court of the United States
Type: Article
Randall L. Kennedy, The N-Word Adjudicated, Am. Law., Feb. 2002, at 65.
Categories:
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
Type: Article
Randall L. Kennedy, Marital Color Line, Nation, Dec. 25, 2000, at 8.
Categories:
Family Law
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Domestic Relations
Type: Article
Randall L. Kennedy, The Case for Borking, Am. Prospect, July 2, 2001, at 26, 27.
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Elections & Voting
,
Courts
,
Politics & Political Theory
,
Separation of Powers
,
Judges & Jurisprudence
Type: Article
Abstract
As the battle over the federal judiciary heats up, progressives must convince the general public of a basic proposition--the judiciary is an inescapably political branch of government whose agents, the judges, should be viewed in much the same way other politicians are. Progressives should strive to shape the judiciary in such a way that will produce good, sound, progressive rulings.
Randall L. Kennedy, In Extremis, Am. Prospect, Feb. 26, 2001, at 14, 15.
Categories:
Government & Politics
Sub-Categories:
Executive Office
,
Politics & Political Theory
,
Congress & Legislation
,
Separation of Powers
Type: Article
Abstract
The reluctance of Senate Democrats to block John Ashcroft's nomination for Attorney General in President George W. Bush's administration highlights the weakness of the party as a vehicle for liberal politics. Many Democrats fear that Ashcroft will allow his fundamentalist religious beliefs to interfere with his ability to perform the job.
Randall L. Kennedy, Contempt of Court, Am. Prospect, Jan. 1, 2001, at 15.
Categories:
Government & Politics
Sub-Categories:
Courts
,
Elections & Voting
,
Supreme Court of the United States
,
Politics & Political Theory
,
Executive Office
Type: Article
Abstract
The US Supreme Court's intervention into the presidential election created a new right to uniform treatment in ballot counting. Some critics of the Court's intervention are sidestepping the sobering reality of the situation: that the Court majority acted in bad faith and with partisan prejudice.
Randall L. Kennedy, A Comment on Peter Cicchino's "Defending Humanity", 9 Am. U. J. Gender Soc. Pol'y & L. 31 (2001).
Categories:
International, Foreign & Comparative Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Human Rights Law
Type: Article
Randall L. Kennedy, Interracial Intimacies: Sex, Marriage, Identity, Adoption , 17 Harv. BlackLetter L.J. 57 (2001).
Categories:
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Gender & Sexuality
,
Domestic Relations
,
Reproduction
Type: Article
Randall L. Kennedy, Racial Passing, 62 Ohio St. L.J. 1145 (2001).
Categories:
Family Law
,
Labor & Employment
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Discrimination
,
Children's Law & Welfare
,
Labor Law
Type: Article
Randall L. Kennedy, Racial Trends in the Administration of Criminal Justice, in America Becoming: Racial Trends and Their Consequences, vol. II (Neil J. Smelser, William Julius Wilson & Faith Mitchell eds., 2001).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Prosecution
,
Sentencing & Punishment
,
Criminal Justice & Law Enforcement
,
Race & Ethnicity
,
Civil Rights
,
Discrimination
Type: Book
Randall L. Kennedy, The David C. Baum Lecture: 'Nigger!' as a Problem in the Law, 2001 Univ. Ill. L. Rev. 935 (2001).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
Type: Article
Abstract
In this essay, originally delivered as part of the David C. Baum Memorial Lecture Series on Civil Liberties and Civil Rights at the University of Illinois College of Law, Professor Randall L. Kennedy examines the use of the word "nigger" as a problem in the law. He argues that while use of the "N-word" should be limited, it should not be eradicated. He believes that “erasing it altogether would, among other things, destroy a significant part of our cultural heritage that is used in positive as well as negative ways.” Finally, Professor Kennedy posits that "nigger" may be undergoing a transformation to a "term of derision... [affixed] to targets regardless of race."
Randall L. Kennedy, The Triumph of Robust Tokenism, Atlantic Monthly, Feb. 2001.
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Politics & Political Theory
,
Judges & Jurisprudence
Type: Article
Randall L. Kennedy, Homicide, Race and Capital Punishment, in Philosophical Problems in the Law (David M. Adams ed., 3rd ed. 2000).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Capital Punishment
,
Criminal Prosecution
,
Sentencing & Punishment
,
Race & Ethnicity
,
Discrimination
Type: Book
Randall L. Kennedy, Outrage on the Court, Am. Law., Feb. 2000.
Categories:
Government & Politics
Sub-Categories:
Courts
,
Supreme Court of the United States
,
Politics & Political Theory
,
Executive Office
Type: Article
Randall L. Kennedy, Race Relations Law in the Canon of Legal Academia, in Legal Canons (J.M. Balkin & Sanford Levinson eds., N.Y.U. Press 2000).
Categories:
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Legal Education
,
Legal Scholarship
Type: Book
Randall L. Kennedy, Struggle for Racial Equality in Public Accommodations, in Legacies of the 1964 Civil Rights Act (Bernard Grofman ed., 2000).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Public Accommodations Law
,
Civil Rights
,
Discrimination
Type: Book
Randall L. Kennedy, The Enforcement of Anti-Miscegenation Laws, in Interracialism: Black-White Intermarriage in American History, Literature, and Law 140 (Werner Sollors ed., 2000).
Categories:
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Discrimination
,
Domestic Relations
Type: Book
Randall L. Kennedy, Who Can Say "Nigger"? ... and Other Considerations, 26 J. Blacks Higher Educ. 86 (1999).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Politics & Political Theory
Type: Article
Randall L. Kennedy, The Bush Court: Be Afraid. Be Very Afraid, Am. Prospect, Nov. 23, 1999.
Categories:
Government & Politics
Sub-Categories:
Courts
,
Elections & Voting
,
Supreme Court of the United States
,
Politics & Political Theory
,
Executive Office
Type: Article
Randall L. Kennedy, Suspect Policy, New Republic, Sept. 13, 1999, at 30.
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Justice & Law Enforcement
,
Race & Ethnicity
,
Civil Rights
Type: Article
Randall L. Kennedy, Mr. Civil Rights, New Republic, Apr. 5, 1999, at 38 (reviewing Juan Williams, Thurgood Marshall: American Revolutionary (2000)).
Categories:
Legal Profession
,
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Supreme Court of the United States
,
Courts
,
Biography & Tribute
Type: Article
Abstract
Kennedy reviews "Thurgood Marshall: American Revolutionary" by Juan Williams.
Randall L. Kennedy, Cast a Cautious Eye on the Supreme Court, in Covering the Courts: Free Press, Fair Trials & Journalistic Performance (Robert Giles & Robert W. Snyder eds., 1999).
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Politics & Political Theory
,
Courts
Type: Book
Randall L. Kennedy, Facing the Dilemmas of Difference: Comments on the Essay by Mamphela Ramphele, in Promise and Dilemma: Perspectives on Racial Diversity and Higher Education (Eugene Y. Lowe Jr. eds., 1999).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Politics & Political Theory
Type: Book
Randall L. Kennedy, Is He a Soul Man?, Am. Prospect, Mar.-Apr. 1999, at 26.
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Elections & Voting
,
Politics & Political Theory
,
Executive Office
Type: Article
Abstract
No racial group has been more solidly supportive of President Clinton than black Americans. The best explanation for blacks' widespread and enthusiastic support of Clinton is the perception that he has been supportive of them.
Randall L. Kennedy, Repeating Our Mistakes, Am. Law., July 1999, at 147.
Categories:
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
Type: Article
Randall L. Kennedy, The Clerkship Question and the Court, Am. Law., Apr. 1999, at 114.
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Courts
,
Legal Education
Type: Article
Randall L. Kennedy, Thurgood's Coming, Am. Law., Dec. 1999, at 94.
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Supreme Court of the United States
,
Biography & Tribute
Type: Article
Randall L. Kennedy, A Natural Aristocracy?, in Constitutional Stupidities, Constitutional Tragedies (William N. Eskridge & Sanford V. Levinson eds., 1998).
Categories:
Government & Politics
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Constitutional History
,
Civil Rights
,
Race & Ethnicity
,
Discrimination
,
Gender & Sexuality
,
Politics & Political Theory
Type: Book
Abstract
One concrete way of measuring the extent to which people affiliated with different social groups are full and equal members of this nation is to ask whether a person associated with that group could plausibly be elevated to the highest office in the land. The added difficulties, solely on the basis of race or gender, that an African-American or female presidential candidate faces, regardless of that person’s talents, are a testament to the extent to which this society is still marked by racism and sexism. One might take some minimal comfort, though, in recognizing that their difficulties are the consequence...
Randall L. Kennedy, Justice Thomas and Racial Loyalty, Am. Law., Sept. 1998, at 91.
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Judges & Jurisprudence
,
Supreme Court of the United States
,
Politics & Political Theory
Type: Article
Randall L. Kennedy, Supreme Court as Teacher: Lessons from the Second Reconstruction, in The Supreme Court and American Constitutionalism (Bradford P. Wilson & Ken Masugi eds., 1998).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Supreme Court of the United States
,
Politics & Political Theory
,
Judges & Jurisprudence
,
Courts
Type: Book
Randall L. Kennedy, The Case Against "Civility", Am. Prospect, Nov.-Dec. 1998, at 84 (reviewing Stephen L. Carter, Civility: Manners, Morals, and the Etiquette of Democracy (1998) and Deborah Tannen, The Argument Culture: Moving from Debate to Dialogue (1998)).
Categories:
Legal Profession
Sub-Categories:
Legal History
,
Legal & Political Theory
Type: Article
Abstract
"Manners, Morals, and the Etiquette of Democracy" by Stephen L. Carter and "The Argument Culture: Moving from Debate to Dialogue" by Deborah Tannen are reviewed.
Randall L. Kennedy, Reflections on Black Power, in Reassessing the Sixties: Debating the Political and Cultural Legacy (Stephen Macedo eds., 1997).
Categories:
Government & Politics
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Constitutional History
,
Race & Ethnicity
,
Civil Rights
,
Discrimination
,
Politics & Political Theory
Type: Book
Randall L. Kennedy, How Are We Doing with Loving? Race, Law, and Intermarriage, 77 B.U. L. Rev. 815 (1997).
Categories:
Family Law
,
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Gender & Sexuality
,
Domestic Relations
,
Courts
,
Supreme Court of the United States
,
Judges & Jurisprudence
Type: Article
Randall L. Kennedy & Toni Morrison, Omissions in "Patriotic Gore", in Edmund Wilson: Centennial Reflections (Lewis M. Dabney ed., 1997).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Politics & Political Theory
Type: Book
Randall L. Kennedy, Comment and Discussion on Hate Crimes/Hate Speech, in Speech and Equality: Do We Really Have to Choose? (Gara LaMarche ed., 1996).
Categories:
Government & Politics
,
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
First Amendment
,
Race & Ethnicity
,
Civil Rights
,
Politics & Political Theory
Type: Book
Randall L. Kennedy, "Dred Scott" and African American Citizenship, in Diversity and Citizenship: Rediscovering American Nationhood (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996).
Categories:
Government & Politics
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Constitutional History
,
Race & Ethnicity
,
Civil Rights
,
Judges & Jurisprudence
,
Politics & Political Theory
Type: Book
Randall L. Kennedy, Conservatives' Selective Use of Race in the Law, 19 Harv. J.L. & Pub. Pol’y 719 (1996).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Discrimination
,
Politics & Political Theory
,
Judges & Jurisprudence
,
Congress & Legislation
Type: Article
Randall L. Kennedy, Reasonable Doubt v. Unreasonable Doubt, in Postmortem: The O.J. Simpson Case: Justice Confronts Race, Domestic Violence, Lawyers, Money, and the Media (Jeffrey Abramson ed., 1996).
Categories:
Government & Politics
,
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Jury Trials
,
Criminal Prosecution
,
Race & Ethnicity
,
Civil Rights
,
Discrimination
,
Judges & Jurisprudence
,
Politics & Political Theory
Type: Book
Randall L. Kennedy, A Comment on Gibson v. Florida Legislative Committee, in Secret Agents: The Rosenberg Case, McCarthyism and Fifties America (Marjorie Garber & Rebecca L. Walkowitz eds., 1995).
Categories:
Civil Practice & Procedure
,
Government & Politics
,
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
First Amendment
,
Practice & Procedure
,
Civil Rights
,
Race & Ethnicity
,
National Security Law
,
Politics & Political Theory
,
Judges & Jurisprudence
,
Courts
Type: Book
Randall L. Kennedy, The Phony War, in The Bell Curve Wars: Race, Intelligence, and the Future of America (Steven Fraser ed., 1995).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Politics & Political Theory
Type: Book
Randall L. Kennedy, A Response to Professor Cole's "Paradox of Race and Crime", 83 Geo. L.J. 2573 (1995).
Categories:
Criminal Law & Procedure
,
Government & Politics
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Sentencing & Punishment
,
Discrimination
,
Race & Ethnicity
,
Courts
Type: Article
Randall L. Kennedy, No: Drawing Racial Lines Has a Toxic Effect On Society, 81 A.B.A. J. 37 (1995).
Categories:
Government & Politics
,
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Jury Trials
,
Race & Ethnicity
,
Discrimination
,
Courts
Type: Article
Randall L. Kennedy, Tocqueville and Racial Conflict in America: A Comment, 11 Harv. BlackLetter L.J. 145 (1994).
Categories:
Discrimination & Civil Rights
,
Legal Profession
Sub-Categories:
Discrimination
,
Race & Ethnicity
,
Native American & Tribal Law
,
Legal History
Type: Article
Randall L. Kennedy, The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994).
Categories:
Government & Politics
,
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Justice & Law Enforcement
,
Civil Rights
,
Race & Ethnicity
,
Supreme Court of the United States
Type: Article
Abstract
Crime is widely perceived as a major blight that decreases happiness, productivity, and security in the United States. Defining crimes and protecting people from criminality are central tasks that we assign to the state. Like many social ills, crime afflicts African- Americans with a special vengeance. African-Americans are considerably more likely than whites to be raped, robbed, assaulted, and murdered. Many of those who seek to champion the interests of African-Americans, however, wrongly retard efforts to control criminality. They charge that the state, at least in its role as administrator of criminal justice, is now (as it has been historically) an instrument of racist oppression. In all too many instances, these allegations are overblown and counterproductive; they exaggerate the extent of racial prejudice in the criminal justice system and detract attention from other problems of law enforcement that warrant more consideration. What such critiques ignore or minimize is that the main problem confronting black communities in the United States is not excessive policing and invidious punishment but rather a failure of the state to provide black communities with the equal protection of the laws. Although this failure often stems from a pervasive and racist devaluation of black victims of crime, ironically, a substantial contributing cause is a misguided antagonism toward efforts to preserve public safety.
Randall L. Kennedy, Introduction, in Blacks at Harvard: A Documentary History of African-American Experience At Harvard and Radcliffe (Werner Sollors, Caldwell Titcomb, Thomas A. Underwood & Randall Kennedy eds., 1993).
Categories:
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Legal Education
Type: Book
Randall L. Kennedy, Fighting for Rights, N.Y. Times, Mar. 15, 1992 (Book Review) (reviewing James MacGregor Burns & Stewart Burns' A People's Charter: The Pursuit of Rights in America (1992)).
Categories:
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Law & Social Change
Type: News
Randall L. Kennedy, Doing What You Can With What You Have: The Greatness of Justice Marshall, 80 Geo. L.J. 2081 (1992).
Categories:
Government & Politics
,
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Supreme Court of the United States
,
Judges & Jurisprudence
,
Biography & Tribute
,
Legal History
Type: Article
Randall L. Kennedy, Poverty: A Collective Difficulty, a Collective Challenge, 77 Cornell L. Rev. 967 (1992).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Poverty Law
,
Law & Public Policy
Type: Article
Randall L. Kennedy, Competing Conceptions of "Racial-Discrimination": A Response to Cooper and Graglia, 14 Harv. J.L. & Pub. Pol'y 93 (1991).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Politics & Political Theory
Type: Article
Randall L. Kennedy, In Praise of the Struggle for Diversity on Law School Faculties, 6 U. Chi. L. F. 1 (1991).
Categories:
Legal Profession
,
Discrimination & Civil Rights
,
Labor & Employment
Sub-Categories:
Civil Rights
,
Discrimination
,
Employment Discrimination
,
Legal Education
Type: Article
Randall L. Kennedy, The Political Correctness Scare, 37 Loy. L. Rev. 231 (1991).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Judges & Jurisprudence
,
Politics & Political Theory
,
Biography & Tribute
Type: Article
Randall L. Kennedy, Racial Critiques of Legal Academia, 102 Harv. L. Rev. 1745 (1989).
Categories:
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Legal Education
,
Legal Scholarship
Type: Article
Randall L. Kennedy, Martin Luther King's Constitution: A Legal History of the Montgomery Bus Boycott, 98 Yale. L.J. 999 (1989).
Categories:
Legal Profession
,
Government & Politics
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Politics & Political Theory
,
Legal History
Type: Article
Randall L. Kennedy, Reconstruction and the Politics of Scholarship, 98 Yale L.J. 521 (1989)(reviewing Eric Foner, Reconstruction: America’s Unfinished Revolution, 1863-1877 (1988)).
Categories:
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Constitutional History
,
Race & Ethnicity
Type: Article
Randall L. Kennedy & Martha L. Minow, Thurgood Marshall and Procedural Law: Lawyer's Lawyer, Judge's Judge, 6 Harv. BlackLetter L.J. 95 (1989).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Supreme Court of the United States
,
Judges & Jurisprudence
,
Biography & Tribute
Type: Article
Randall L. Kennedy, McClesky v. Kemp: Race, Capital Punishment, and the Supreme Court, 101 Harv. L. Rev. 1388 (1988).
Categories:
Government & Politics
,
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Capital Punishment
,
Race & Ethnicity
,
Supreme Court of the United States
,
Judges & Jurisprudence
,
Politics & Political Theory
Type: Article
Randall L. Kennedy, Race and the Fourteenth Amendment: The Power of Interpretive Choice, in A Less Than Perfect Union: Alternative Perspectives on the U.S. Constitution (Jules Lobel ed., 1988).
Categories:
Government & Politics
,
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Race & Ethnicity
,
Civil Rights
,
Politics & Political Theory
Type: Book
Randall L. Kennedy, A Reply to Philip Elman, 100 Harv. L. Rev. 1938 (1987).
Categories:
Civil Practice & Procedure
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Practice & Procedure
,
Litigation & Settlement
,
Discrimination
,
Race & Ethnicity
,
Civil Rights
Type: Article
Randall L. Kennedy, Afro-American Faith in the Civil Religion: Or, Yes, I Would Sign the Constitution, 29 Wm. & Mary L. Rev. 163 (1987).
Categories:
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Race & Ethnicity
Type: Article
Randall L. Kennedy, Kennedy: Comment on Rowan, 47 Md. L. Rev. 46 (1987).
Categories:
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Civil Rights
,
Race & Ethnicity
,
Discrimination
Type: Article
Randall L. Kennedy, Review of Howard Smead, Blood Justice: The Lynching of Charles Mack Parker (1986), 4 Harv. BlackLetter J. 70 (1987).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Prosecution
,
Race & Ethnicity
,
Discrimination
,
Civil Rights
Type: Article
Randall L. Kennedy, Race Relations Law and the Tradition of Celebration: The Case of Professor Schmidt, 86 Colum. L. Rev. 1622 (1986).
Categories:
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Constitutional History
,
Civil Rights
,
Discrimination
,
Race & Ethnicity
Type: Article
Randall L. Kennedy, Persuasion and Distrust: A Comment on the Affirmative Action Debate, 99 Harv. L. Rev. 1327 (1986).
Categories:
Government & Politics
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Politics & Political Theory
,
Public Law
Type: Article
Randall L. Kennedy, Interest in Judgments Against the Federal Government: The Need for Full Compensation, 91 Yale L.J. 297 (1981).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Fifth Amendment
,
Federalism
,
Sovereign Immunity
Type: Article
Randall L. Kennedy, The Politics of South African Legal Scholarship, 6 Yale Stud. World Pub. Order 471 (1981)(reviewing John Dugard, Human Rights and the South African Legal Order (1978)).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Foreign Law
,
Developing & Emerging Nations
,
Human Rights Law
,
Legal Scholarship
Type: Article
Randall L. Kennedy, From Protest to Patronage, The Nation, Sept. 29, 2003, at 29.
Categories:
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
LGBTQ Rights Law
,
Law & Social Change
Type: Article

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Assistant: Benjamin Sears / 617-495-9534