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A few examples: ‘Positive Discrimination’ At the same time, however, Kennedy inexplicably continued to defend racial preferences in hiring and college admissions, for example defending affirmative action (which he called “positive discrimination”) in a 2003 article against “the right’s grotesque attempt to strangle it judicially in the name of equality.” Since he never explained or even attempted to reconcile the glaring discrepancy between his powerful, apparently principled criticism of affirmative action in many articles and his heated defense of it and denunciation of its critics in others, I called him “inscrutable” in a long discussion in 2003 and “still inscrutable” in another in 2010.
With the publication of his new book, For Discrimination: Race, Affirmative Action, and the Law, Randall Kennedy is inscrutable no more.
In his early writings, delivered with force and skill, he often surprised readers by departing from the analysis of his peers.
go too far.” Kennedy, in Bell’s view, by then himself a law professor at Harvard, “forgot whose side he was on,” demonstrated by his willingness to take public positions that “serve to comfort many whites and distress blacks.” Against the Grain In his early career Kennedy did indeed perfect the persona of the open-minded, even fair and balanced liberal willing to write and speak against the grain of civil rights orthodoxy.
Reading his earlier work was always interesting because you never knew which Kennedy you were going to encounter.
Based on his unqualified support here “for discrimination” — his title is commendably descriptive and honest — now you do.
In Race, Crime, and The Law (1998) and other writings he opposed the use of race to balance juries.
In Interracial Intimacies: Sex, Marriage, Identity, and Adoption (2003) he defended interracial dating, marriage, and cross-racial adoption.