Randall Kennedy

An op-ed by Randall Kennedy. Donald J. Trump will be the next president of the United States. That is sobering because he is glaringly unsuited for any significant public office, much less the most important in our country and indeed the world. Nothing about his pre-candidacy record recommends him. To the contrary, it is so lacking in relevant achievement, so marred by embarrassment, that many onlookers thought that his run for the presidency was nothing more than a publicity stunt. Then his campaign itself was so repulsive, so saturated with bigotries of various sorts, so ostentatiously crass, so glaringly demagogic, that it prompted many leading figures in his own party to repudiate him.

A desire to learn more about three subjects led me to read the five new books I most enjoyed this year. In this moment of high anxiety about the state of American politics one can receive useful perspective by studying Michael Klarman’s magisterial “The Framers’ Coup: The Making of the United States Constitution.”

The video was unambiguous: A white police officer fatally shot an unarmed black man in the back as the man ran away. But a South Carolina jury was unable to agree on a verdict in one of the nation's ghastliest police shootings, with a lone holdout forcing a mistrial. The outcome stung many African-Americans and others. If that kind of evidence can't produce a conviction, they asked, what can?...Randall Kennedy, a black Harvard University law professor and author of several books on race relations, had difficulty reconciling the law with the mistrial, which he called "frightening." "It appeared as though it was open and shut," said Kennedy, a native of Columbia, South Carolina. "Obviously, this is a case of some criminal action on the part of this police officer. Is it at all plausible that you have a man running and a police officer says, 'I'm firing in self-defense?'"

An op-ed by Randall Kennedy. Black people have been struggling to free themselves from racist oppression throughout American history. They have revolted, fled, petitioned, boycotted, exposed abuses through journalism and propaganda, prayed in, stood up, and sat down. An iteration of black resistance that was begun in 2013 marches under the banner of Black Lives Matter...An area that has proven to be peculiarly resistant to racial reform is the administration of criminal justice, perhaps because it consists of literally millions of low-visibility, highly discretionary decisions that are not easily subject to effective regulation. Typically, however, courts, including the Supreme Court, have made no serious effort to supply such regulation. Instead, obtuse interpretations of the Fourth Amendment have permitted police to use race as a factor in traffic stops, leading to the notorious infraction of "driving while black."

Its effect can be explosive and painful: Harvard University professor Randall Kennedy has traced the history of the N-word to understand the evolution of the infamous racial slur. Kennedy joins special correspondent Charlayne Hunter-Gault to discuss this history, including reappropriations of the word and the complexities and damages of its usage today.

Hillary Clinton and Donald J. Trump are spoiling for an extraordinary clash over race and gender that could come as early as Monday’s debate, with both presidential candidates increasingly staking their fortunes on the cultural issues that are convulsing the nation....“The extremity of the divergence is unlike anything I have confronted in my adult life,” said Randall L. Kennedy, a professor of law at Harvard whose books include “The Persistence of the Color Line: Racial Politics and the Obama Presidency.” “The analogies that come to mind are Goldwater versus Johnson in 1964, and Lincoln versus Douglas in 1860.”

After a year that saw Harvard Law School embroiled in debates over race and diversity, Law School Dean Martha L. Minow has launched a new lecture series entitled “Diversity and U.S. Legal History.” The 10-week series, which kicked off Wednesday, is a joint effort on the part of the Dean’s office and Law School professor Mark Tushnet’s reading group, which bears the same title as the series....The lecturers—who include Law School professors Randall L. Kennedy, Tomiko Brown-Nagin, Annette Gordon-Reed, Michael Klarman, and Kenneth W. Mack, Divinity School professor Diana L. Eck—will discuss topics ranging from race in American history, to challenges facing Latinos, the originalist case for reparations, and religious pluralism...Law School professor Joseph William Singer delivered the first talk—“567 Nations: The History of Federal Indian Law”—to a crowded room Wednesday in the school’s student center. Singer recounted the development of colonial and United States law regarding Native Americans from the 18th century to the present, arguing that certain judicial rulings or government actions were unconstitutional.

Becoming ambassadors of higher education and searching for solutions to issues confronting academia today are important missions for University graduates, said legal scholar Randall Kennedy ’77 at the 269th Baccalaureate ceremony on Sunday...However, Kennedy pointed out, there are several issues and problems facing institutions of higher education these days. “Inefficiencies in the system of higher education do not stay put. They are infectious, posing dangers to the system as a whole. Colleges and universities face a rising loss in confidence regarding their worthiness,” Kennedy said. This “worthiness” is typically defined by the marketability of the college’s merits. Furthermore, he pointed to the increasing burdens of government regulation and mounting costs of tuition. Kennedy further critiqued the increasing desire among colleges to achieve popularity, as evidenced by the frequent hiring of Hollywood celebrities to provide commencement addresses.

Yale University announced last week that it will retain the name of Calhoun College, one of its 12 residential colleges. The college was named for John C. Calhoun, a 19th-century alumnus and a fervent supporter of slavery. The decision set off an angry response from students on campus, who condemned the decision at an intense university-sponsored town hall last Thursday. But one prominent race relations expert doesn't believe that Yale made a mistake in their decision to keep Calhoun's name on the college. While removing the name would have been Harvard law professor Randall Kennedy's "preference," he "can respect the decision thay [Yale] made," he told Business Insider. "People speak as if you keep John C. Calhoun's name, that means you're indifferent to the legacy of racism," he continued. "I don't believe that. I think that there are people who embrace the idea of keeping his name who are deeply concerned with the legacy of slavery and racism and want to do things to address that legacy."

Students and faculty at Occidental College are protesting the school’s choice of Harvard Law School professor Randall L. Kennedy as their commencement speaker for his controversial statements on race-related activism and the film “The Hunting Ground.”...The vocal opposition prompted Occidental College President Jonathan Veitch to respond in a message to school affiliates defending his choice and emphasizing the importance of listening to a range of viewpoints. “Randall Kennedy was chosen because he is a thoughtful and nuanced commentator on race in America,” Veitch wrote...Kennedy said in an interview that he is not surprised some Occidental affiliates disagree with his views, as race and sexual assault are controversial subjects. Diverging opinions, however, should not bar institutions from inviting speakers, he said. “Universities, above all places in American life, should be places where debate and free exchange are facilitated and expected,” Kennedy said. “The idea that because a group of people disagrees with somebody, that in it of itself simply cannot or should not be the basis for excluding someone.”

A week after Harvard Law School’s seal change became final, a group of faculty members are publicly speaking out in support of Law School Dean Martha L. Minow, charging that student activists at the school have not given her due credit for her efforts to address racial issues on campus. Seven Law School faculty members—Glenn Cohen, Randall L. Kennedy, Richard J. Lazarus, Todd D. Rakoff, Carol S. Steiker, Kristen A. Stilt, and David B. Wilkins—published an open letter in the Harvard Law Record Monday defending Minow. They wrote, “Our goal here is… to express our support and deep appreciation for Dean Minow and all that she has done during this difficult and important process, and to advance the cause of justice throughout her long and distinguished career.”

In December, the US Supreme Court reheard oral arguments in an affirmative action case called Fisher v. University of Texas. The highly anticipated case could have a far-reaching impact on the ability of US universities to consider race in admissions as part of their efforts to create a diverse campus. Indeed, proponents of affirmative action cite diversity as one of its main goals. However, one prominent higher education expert thinks conversations about diversity distract people from the original goal of affirmative action: reparative justice for people who have traditionally been oppressed. "Because affirmative action now rests on the diversity rationale, people who embrace affirmative action have to make all sorts of claims for diversity," Harvard law professor Randall Kennedy said at a New York University-sponsored event focused on race-based admissions at colleges. "Some of the claims that are made in favor of diversity are very questionable," he continued.

Harvard Law School professor Randall L. Kennedy confronted questions about the intersection of race and politics at the Institute of Politics Monday evening, urging attendees to fight racism but not institutions like Harvard. The event, which comes amidst intense debate and activism about race and inclusion at Harvard and universities across the country, was the first installment of a two-part series called “The Politics of Race: Can We Talk?”...In an interview after the IOP event, Kennedy reiterated his beliefs that activists at the Law School were magnifying problems of discrimination. “We need to avoid needlessly alienating people who might be our allies,” Kennedy said. “Unfortunately, I think some of that is happening at the Law School. Harvard Law School is not the enemy. And if you are constantly treating Harvard Law School as the enemy, you’ll make it the enemy.”

Harvard Law School professor Randall Kennedy ’77 will be the speaker for the University’s 269th Baccalaureate Ceremony, the 2016 Class Council announced in an email Monday. “I see this email from the President’s office and I had no idea what it would be, and then when I opened it up and saw that it was this invitation to give the Baccalaureate address, I must say it really did bring tears to my eyes. I was deeply, deeply moved and I want very much to say something that is noteworthy for the occasion,” Kennedy said. “It was completely unexpected and I’ve never been more honored.”

It has long appeared in nearly every corner of the prestigious school. But now Harvard Law School’s official seal is under heavy scrutiny because it includes elements drawn from a slaveholding family’s crest. Following an outcry from students, officials from the school are examining the continued use of the seal, in what is the latest controversy over race and historic injustices on US college campuses in recent weeks. “Symbols are important,” Martha Minow, dean of the law school, said this week. “They become even more important when people care about them and focus on them.”

Harvard Law School Dean Martha L. Minow wants a special committee of faculty and students to gather views on whether the school’s seal, which features imagery from the family crest of a slaveholder benefactor, should be changed...On Monday, [Randall] Kennedy said in an interview that he supports Minow’s decision to foster a dialogue centered around questions about whether the Royall imagery should remain on the law school’s seal.“It seems like precisely the right posture for an institution of higher learning to take,” Kennedy said. “I think it’s a perfectly intelligent response.”“Let’s learn. Let’s think. Let's debate.”

An op-ed by Randall Kennedy. In a grand corridor of Harvard Law School, framed professors’ photographs hang on a wall. A week ago, someone put slivers of black tape over the faces of most of the African-American professors. I am one of those whose photograph was marked. Last Thursday, on my way to teach contracts, I received an email from a student who alerted me to the defacement. I saw the taped photos, including my own, right before class. Since then I have been asked repeatedly how I feel about having been targeted by what some deem to be a racial hate crime. Questioners often seem to assume that I should feel deeply alarmed and hurt. I don’t.

Amid a growing controversy involving questions of accuracy and fairness, the makers of The Hunting Ground, a documentary indictment of campus sexual assaults, are defending the film, which is set to air on CNN on Nov. 22...On Nov. 19, law professors at Harvard, where another of the film’s documented incidents took place, attacked the filmmakers’ accuracy in a widely publicized joint letter that focused on the victim’s inebriation and the absence of violence in the assault. The professors wrote in a letter that was posted on The Harvard Law Record website that the film gave the impression that the accused student "like others accused in the stories featured in the film, is guilty of sexual assault by force and the use of drugs on his alleged victims, and that he, like the others accused, is a repeat sexual predator.” The professors, including prominent faculty members Jeannie C. Suk, Laurence Tribe and Randall Kennedy, noted that there have been "extensive investigations and proceedings" examining the case against the student -- at Harvard Law School, in a criminal case before the grand jury, and in criminal trial before a jury.

The veracity of one of this year’s most talked about documentaries, “The Hunting Ground,” has been attacked by 19 Harvard Law School professors, who say the film’s portrayal of rape on college campus is distorted, specifically when it comes to their school’s handling of one particular case...“The documentary has created an important conversation about campus sexual assault,” said Diane L. Rosenfeld, a Harvard law lecturer who also appears in the film and did not sign the letter. “We need to be rolling up our sleeves and really figuring out what kind of preventative education programs to develop which create a culture of sexual respect.” But in their letter, the law professors, who include Laurence H. Tribe, Randall L. Kennedy and Jeannie C. Suk, said the film “provides a seriously false picture both of the general sexual assault phenomenon at universities and of our student,” specifically a male Harvard law student whose case is included in “The Hunting Ground.”...“This is a young human being whose life has been mauled by this process for years, and now he has to walk around campus with people saying, ‘Oh, you’re a repeat sexual offender,’ and he’s not,” said Janet Halley, one of the letter’s authors. “It’s not a documentary. It’s propaganda."

Harvard Law Professor Randall Kennedy recently wrote a cover story in Harper’s magazine called "In Defense of Respectability." In it, he lauds the peaceful tactics of the civil rights movement, and he has some criticism for the tactics groups like Black Lives Matter have been using lately, criticism that’s not been well received by everyone.

An essay by Randall Kennedy. My parents inculcated in me and my two siblings a particular sense of racial kinship: in our dealings with the white world, we were encouraged to think of ourselves as ambassadors of blackness. Our achievements would advance the race, and our failures would hinder it. The fulfillment of our racial obligations required that we speak well, dress suitably, and mind our manners. In our household we felt tremendous pride in the attainments of blacks, and we took personally their disgrace. My father and mother loved to regale us with stories about the accomplishments of Jackie Robinson and Wilma Rudolph, Thurgood Marshall and Charles Drew, Paul Robeson and Mary McLeod Bethune. At the same time, when scandal ensnared a prominent black person, we all felt ashamed, diminished. We were also embarrassed when blacks with poor diction and sloppy comportment appeared on television...Is it wrong for black parents to deliver to their children the sort of talks that my parents gave to me?

...Readers have been shocked, dismayed, disillusioned and disoriented. But one thing they perhaps should not be, according to Harvard law professor Randall Kennedy, is surprised.

[Randall] Kennedy, a Harvard law professor, is the author of "Nigger: The Strange Career of a Troublesome Word." In this book, subtitled "Race, Affirmative Action, and the Law," Kennedy offers a firm argument explaining why he sees affirmative action as a necessity in this country. Looking back on his own academic history as a student at St. Albans School for Boys, Princeton University and Yale Law School from the late 1960s through the early 1980s, Kennedy explains, "An affirmative action ethos played a role in my admittance and flourishing at each of these selective, expensive, and powerful institutions. This ethos consists of a desire to make amends for past injustices, a commitment to counter present but hidden prejudices, a wish to forestall social disruption, and an intuition that racial integration will enrich institutions from which marginalized groups have largely been absent."

A book review by Randall Kennedy. In 1992, a law professor named Monroe Freedman published an article in Legal Times, a magazine for practitioners. He asserted that Atticus Finch, the iconic hero of Harper Lee’s novel “To Kill a Mockingbird,” ought not be lauded as a role model for attorneys...Dismissed by some as the ravings of a curmudgeon, Freedman’s impression of Atticus Finch has now been largely ratified by none other than his creator, Harper Lee herself. The most dramatic feature of her “new” novel, “Go Set a Watchman” — written before “To Kill a Mockingbird” but published 55 years afterward — is the revelation that Atticus, the supposed paragon of probity, courage and wisdom, was a white supremacist.

A frequent contributor to Fox News and the Wall Street Journal has injected an oft-missing issue in the #blacklivesmatter movement: facts. The contributor, Jason Riley, faced off with Randall Kennedy, Harvard Law School professor of criminal law and the regulation of race relations, in a civil but intense debate Tuesday evening at the University of Wisconsin-Madison campus. Most of the debate, “Liberal Policies make it harder for black Americans to succeed,” centered around affirmative action and social welfare policies, but the rhetorical combatants did address the politically thorny issue of black crime.

Two black intellectuals engaged in a heated exchange at UCLA this week over the high homicide rate among young black men and the shooting deaths of black men by racist or lawless police officers, with one arguing that’s not the main problem facing the black community and the other suggesting it’s a huge crisis.The dispute took place during a debate on campus titled “Liberal Policies Make it Harder for Black Americans to Succeed” between Jason Riley of the Wall Street Journal and Harvard law school Professor Randall Kennedy. ... “That is a huge problem that is going to require a multi-focus,” Kennedy responded. “… I am not saying white racism is the all- purpose explanation for what we are talking about. I am saying is what we are going to have to do is address many different things. One of those things, however, is the problem of police.”

Dozens of photographs capturing a pivotal event in the civil rights movement — the 1965 march from Selma, Ala., to the state capital in Montgomery — will be exhibited at the New-York Historical Society early next year. In time to mark the 50th anniversary of the march, “Freedom Journey 1965: Photographs of the Selma to Montgomery March by Stephen Somerstein,” will be on view from January 16 through April 19...In a program related to the exhibition on Feb. 11, Randall Kennedy, a Harvard Law School professor, will discuss the ramifications of the Voting Rights Act of 1965.

On Friday evening, October 17, Crimson Madness—a kickoff event to celebrate the start of the Harvard men’s basketball team’s fall practices—began in normal enough fashion. Shortly after 6 p.m., head coach Tommy Amaker walked onto the court at Lavietes Pavilion and welcomed the crowd...More subtle evidence of the program’s transformation came from a conversation that occurred before the event in the glass-encased lounge overlooking the court. Just after 5:30 p.m., Amaker was chatting with Randall Kennedy, Klein professor of law, and Jared Sullinger, a power forward for the Celtics. Harvard’s coach had tabbed both men to serve as judges in the slam-dunk contest. Kennedy, who also serves as the team’s faculty adviser but identifies tennis as his main sport, wanted guidance from Sullinger about what qualified as a good dunk. (The key factor? Degree of difficulty.) In what may have been a first, an esteemed Harvard law professor was seeking adjudicatory advice from a 22-year-old professional basketball player.

Since President Barack Obama was first elected in 2008, he’s been both elevated and burdened by one popular title in particular: America’s first black president...Now, in 2014, as President Obama looks towards his last 18 months in the White House, Harvard Law Professor Randall Kennedy asks a provocative question: has Obama failed black America? In the recent issue of Politico Magazine, Kennedy writes: “Obama said that the subject of race was too important to ignore and implicitly promised to confront it if he won the presidency. He has not.”

An op-ed by Randall Kennedy. On January 20, 2009, when Barack Obama assumed the presidency, the overwhelming majority of African-Americans cheered and prayed for him. His inauguration was a signal moment in black history, reminiscent of the celebrations that accompanied the Emancipation Proclamation, Joe Louis’ victory over Max Schmeling and the March on Washington…For many, the passion has cooled. For some, the thrill is gone.

On the night Barack Obama ’91 was elected president of the United States, many people cried tears of joy. For many black people the tears held a special significance: They couldn’t believe they had lived to see this milestone. Yet their happiness also signified something sad about the moment, about the history of the country and about the problem of race in America that did not end with the election of the nation’s first black president, says Randall Kennedy.