For Discrimination: Race, Affirmative Action, and the Law

by Randall Kennedy

In the wake of the Supreme Court's recent decision regarding "Fisher v. University of Texas, " "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, Harvard Law School professor and author of such critically acclaimed and provocative books as "Race, Crime, and the Law "and the national best-seller "Nigger: The Strange Career of a Troublesome Word, " gives us a concise, gimlet-eyed, and deeply personal conspectus of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.
With pellucid reasoning, Kennedy accounts for the slipperiness of the term "affirmative action" as it has been appropriated by ideologues of every stripe; delves into the complex and surprising legal history of the policy; coolly analyzes key arguments pro and con advanced by the left and right, including the so-called color-blind, race-neutral challenge; critiques the impact of Supreme Court decisions on higher education; and ponders the future of affirmative action.

Genres: Politics, Race, Social Justice, Law, Nonfiction, Government, Education

ebook

First published January 1, 2013

Reviews

[Chris Chapman · Rating 4 out of 5]

A completely fascinating overview of affirmative action in favour of African Americans in the USA. Half of the book is about what affirmative action is, what the objections to it are, and his rebuttals of those objections. The other half looks at Supreme Court judgments, mostly about affirmative action programs for admissions to universities. I found this focus a bit narrow, for example it would’ve been good to hear about the Court's judgement on electoral districts which is also a form of affirmative action. Also to look at the failure to desegregate schools. It would’ve been interesting to look at the question of whether, if African Americans got better education at primary and secondary level, there might be less need for affirmative action at universities.

[Emily · Rating 5 out of 5]

incomplete understanding of footnotes

[Gerald Kinro · Rating 2 out of 5]

Kennedy, a Harvard Law professor, discusses affirmative action, one of our most disputed issues. He presents two sides of affirmative action. The first is the color-blind, race neutral side where all, regardless of ethnicity, essentially are subject to the same requirements and ground rules. The second side is the more controversial one where there must be redress for past and present discrimination. Kennedy supports the latter, and this is evident as he presents the history of the affirmative action movement, citing the important legal cases that are a part of it.

Before we go further, I am a member of a racial minority or a “person of color.” Okay, the book is informative, as it compartmentalizes this issue, and is very well organized. It is however, very wordy. If the author’s intent is to convince me to follow his way of thinking, he falls short on several fronts. First, when presenting facts, especially numbers, I would have liked to have seen charts and graphs so that meaningful comparisons can be made with the data he provides. It is (I guess understandable) too much like a legal argument. How does Mr. Kennedy measure success or failure of his affirmative action program? Are current programs successful? What are graduation rates? What about post-graduate success? I am sure the numbers are out there. Furthermore, stories of individuals who went through programs would be very convincing. Kennedy’s discussion is limited to higher education. I have heard arguments that affirmative action at an early age is just as important. Yet, there is no discussion. I am left with more questions I hope can be unearthed.

[Adam · Rating 4 out of 5]

Professor Randall Kennedy presents the clearest, strongest, and most compelling argument for affirmative action. Rising above sound clip ridden debates that dominate media airwaves, Professor Kennedy dissects the history of Affirmative Action in American Race Relations to set up a background for his discussion.

He then engages in the debate himself, setting up each argument, expounding upon its pros and cons. The book then moves to debunk the myth of a color-blind society and how such challenges to Affirmative Action are more harmful than anything. The Supreme Court's role in shaping the doctrine is explained before Kennedy reflects on the future directions of Affirmative Action.

A concise and compelling read as a primmer for anyone wanting a more comprehensive perspective of Affirmative Action.

[Josh · Rating 4 out of 5]

Kennedy is a remarkable thinker, and he makes a compelling argument for Affirmative Action (helped along by pointing out the difficulties and imperfections that come along with such a system). This is brilliantly, thoroughly done. The only thing keeping it from being a five star rating is that it's an academic treatise, which makes for some heavy sledding.

On the whole, this is an excellent book and well worth the effort for anyone who cares about equity.

[Troy Mattila · Rating 4 out of 5]

Good overview of the law and arguments for and against AA. A little dated at this point (written before Fisher v. Texas). It is slightly overly legal/academic, but that's what you'll get from a legal academic. Kennedy makes the case for affirmative action, but fairly treats opposing arguments and does not shy away from admitting its costs.

[Jenn C Reads · Rating 5 out of 5]

Read for grad school.

A really interesting in depth analysis about Affirmative Action.

[Ellen Simon · Rating 5 out of 5]

Kennedy builds an airtight case for affirmative action in this mix of history, law, and first-person narrative.

[Colette Tesoro · Rating 5 out of 5]

The man really stuck it to Larry bacow

[Brenda Guan · Rating 4 out of 5]

"For Discrimination" by Randall Kennedy was a very intriguing piece to read; two pages in and, as if his position on affirmative action didn't provide enough clues, it was entirely evident of Kennedy's own African American heritage through his use of language in describing his childhood experiences. To begin, Kennedy provides his readers with a strong background concerning affirmative action and its rise to controversy, including its thriving under the Nixon administration and the many Supreme Court battles fought over it. Kennedy provides enriching commentary concerning said cases, all of which caused huge tides in the policy making world. Yet what is so striking about Kennedy's work is not his position or arguments concerning affirmative action. There is nothing new about what he presents and argues. What is amazing, however, is the man's honesty, his amazing humility that allows him to bow his head and concede, only to stand back up again and strike down. He gives concession to where it it due and criticizes scholars who stand on his side for the wrong reasons. His background in the segregated South give him the qualifications to craft such a novel concerning affirmative action; his place as one of the foremost scholars in the field of social justice gives him the voice and authority to do so with power, making his work a must-read for all readers, whether for or against affirmative action.
Reading Kennedy’s work also had incredible influence in shaping my own view on affirmative action. A minority as well, I was originally hesitant to pick a side in the matter; I could see both sides to the argument. Kennedy’s honesty was the tipping point. His argument, although flawed, appealed greatly to my indecisiveness. He helped me see where my reservations were flawed and almost forced me to choose concerning the matter. For Discrimination made it unacceptable to remain indecisive, giving breath to a new opinion.

[Vernita Naylor · Rating 4 out of 5]

Diversity promotes the highest level of education that one could ever experience. For Discrimination: Race, Affirmative Action, and the LawFor Discrimination: Race, Affirmative Action, and the Law (Randall Kennedy) is the voice about how affirmative action is shaping our Country.

August 28, 2013 marked the 50 years since the March on Washington (initially March on Jobs and Freedom) and we still have a long way to go. When will it change? Has anyone ever considered that if the wrongs that were done over 50 years ago were made right, schools were made equal and underrepresented and socio-economic businesses were given ample opportunities for increasing their revenue stream that we would not need affirmative action or any other programs to level the playing field?

There are some States that lack diversity therefore their people lack it. The people do not realize the essence of what diversity can bring from a 3D perspective to spirited conversations. One's culture, insight and upbringing makes a big different in any setting.

Without affirmative action we become stagnant and stale. Without affirmative action there is no room for growth. Without affirmative action we become one-dimensional in our interpersonal relationships. Without affirmative action we fail.

This thought provoking book helps the reader better understand affirmative action and its effect on this Country. Highly recommended.

[Amy · Rating 3 out of 5]

Overall I am glad I read this book because now I understand the arguments both for and against affirmative action.

The first few chapters especially are good for people who want to know more about affirmative action and why we need it in the US. I got quite angry reading the racist reasons why some people oppose it. The latter half of the book I think is of more interest to people who want to understand the issue in depth--it was dry reading and full of legal discussion and a bit of redundancy.

[Aaron Lê · Rating 3 out of 5]

Kennedy's argument in a nutshell: due to being held back socioeconomically, discrimination is the best case scenario for today's education system.

At times verbose, other times clear, he illustrates the issue nicely. I definitely emerged knowing more about Affirmative Action than I did when I started reading.

[Steven Yenzer · Rating 2 out of 5]

Kennedy provides a solid outline of the historical and legal context of affirmative action. He does a less impressive job of defending the policy itself. I found his writing to be verbose and unnecessarily dense, which detracted from the strength of his arguments. Overall the book was a bit of a slog, although I did enjoy his blow-by-blow critiques of Supreme Court decisions.

[BMR, LCSW · Rating 2 out of 5]

Meh