Duncan Kennedy

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Duncan Kennedy (b. 1942 in Washington D.C.) is the Carter Professor of General Jurisprudence at Harvard Law School. Kennedy received an A.B. from Harvard College in 1964 and then worked for two years in the CIA operation that controlled the National Student Association.[1] In 1966 he rejected his "cold war liberalism."[2] He quit the CIA[3] and in 1970 earned an LL.B. from Yale Law School. After completing a clerkship with Supreme Court Justice Potter Stewart, Kennedy joined the Harvard Law School faculty, becoming a full professor there in 1976. The year after that, together with Karl Klare, Roberto Unger, and a number of other like-minded scholars, he established the Critical Legal Studies movement. Although outside legal academia he is mostly known today for his monograph Legal Education and the Reproduction of Hierarchy*[1], famous for its trenchant critique of American legal education, among legal scholars Kennedy is considered one of the most original and influential modern writers on legal theory.

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  • A Critique of Adjudication [fin de siecle], (Harvard University Press, 1997)
  • Sexy Dressing, etc., (Harvard University Press, 1993)
  • "Freedom and Constraint in Adjudication: A Critical Phenomenology," 36 Journal of Legal Education 518 (1986)
  • "Form and Substance in Private Law Adjudication," 89 Harvard Law Review 1685 (1976)
  • "A Semiotics of Critique," 22 Cardozo Law Review 1147 (2001)
  • "Thoughts on Coherence, Social Values and National Tradition in Private Law," in Hesselink, ed., The Politics of a European Civil Code (Kluwer Law International, Amsterdam, 2006)

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