This compilation of essays by legal scholar Kennedy is a
challenging read. Kennedy is not shy about presenting both sides of
controversial issues as only a trained advocate can. An argument can be made
that his writing veers into obtuse legal jargon, but that is his wheelhouse. The
essential quality of his writing is respect -- respect for law, respect for due
process, respect for humanity. Randall is conservative in the sense that he
does not jump to conclusions without carefully weighing the facts. For instance,
in his lengthy chapter on Supreme Court Justice Thurgood Marshall (for whom
Kennedy clerked) he boldly takes on contradictions and personal idiosyncrasies of
the Justice. Early in his career at the NAACP Marshall used the separate but
equal ruling in Plessy v. Ferguson to argue cases, but worked tirelessly
to overturn that infamous precedent in the groundbreaking Brown v. Board of
Education decision. Kennedy illustrates the irascible nature of the justice
using his and others’ anecdotes. His most eloquent writing is not about the
law, but about history and culture. He dissects subtle internal disagreements
among African Americans, such as naming, both collectively and individually,
and historical incidents of racism (such as an electrifying chapter on the Nat
Turner insurrection) not just legal, but moral. Lastly, he is not just a
neutral reporter; he explains his stand in relation to race: why he doesn’t
participate in public demonstrations, his annoyance with victimhood, and his
personal position on the historical legacy of labeling. In the current climate
of scapegoating, name-calling and general incivility Kennedy defines what it
means to be a critical thinker.
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