“It’s not arguing every case and fine point of the law,” Sciarra said. “It’s almost a sociological view grounded in the law.”
The brief cites several Harvard-linked studies, including one conducted by Professor of Education and Social Policy Gary A. Orfield, in which a majority of Harvard and Michigan law students said that “students of different races” provided a “clearly positive element of their educational experience.”
The brief also cites a study released last week by Harvard’s Civil Rights Project, which Orfield heads, that argues against percentage plans, which some state universities use to automatically admit high-ranking high school students.
The study used data from Texas, California and Florida state schools to conclude that percentage plans are an ineffective means for attaining ethnic diversity.
The plans have been cited by President Bush as an alternative to race-based admissions policies.
The Bush administration filed briefs against the University of Michigan, arguing that the court should declare its policies unconstitutional without reversing the Bakke decision.
The Harvard brief also cites data from a 1998 book defending affirmative action in college admissions—The Shape of the River, authored by Bok and former Princeton President William G. Bowen—to prove what they consider the success of the Bakke decision.
Data from the book shows that “minority students admitted under these programs were highly successfully in completing rigorous academic programs, securing good jobs and contributing to community life,” according to the brief.
Another section of the brief presents what one University official called a “relatively new argument”—that American professions and businesses need leaders with experience in diversity.
“Leading corporations, business groups, professional organizations and executives have repeatedly called for consideration of race and ethnicity in university admissions,” the brief states.
MIT announced last week that it would file its brief jointly with Stanford University, the National Academy of Sciences, IBM and Du Pont.
And in a speech yesterday to the American Council on Education, University of Michigan President Mary Sue Coleman said that more than 60 Fortune 500 corporations, including General Motors, Microsoft and American Express, will file briefs in support of Michigan.
Coleman also noted that the number of the case may set a record for “the largest number of briefs ever filed in the history of the court on a single issue.”
Also, late last night the Harvard Black Law Students Association (BLSA) announced it will file a brief today along with the Stanford and Yale BLSA groups.
Convincing the Court
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