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Harvard Law's Randall Kennedy on Race, Affirmative Action and The Law

On this edition of In Black America, producer/host John L. Hanson Jr. speaks with Randall Kennedy, the Michael R. Klein Professor of Law at Harvard Law Schooland author of "For Discrimination: Race, Affirmative Action and the Law."

Affirmative action is perhaps one of the most divisive policies in this country. In the wake of the U.S. Supreme Court’s recent decision regarding Fisher vs. University of Texas , affirmative action is once again making headlines. 

But what is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? What are its benefits and cost to American society, and how does American race relations’ law play out against the backdrop of international development. 

According to Kennedy, the design and implementation of affirmative action is in accord with the federal constitution.

With clear 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.

John L. Hanson is the producer and host of the nationally syndicated radio series In Black America. It’s heard on home station KUT at 10 p.m. Tuesdays and 6:30 a.m. Sundays — and weekly on close to 20 stations across the country. The weekly podcast of IBA, the only nationally broadcast Black-oriented public affairs radio program, is one of KUT’s most popular podcasts.