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首先，历史上给美国最高法院输送大法官最多的法学院，非哈佛莫属。总共输送了十五
名毕业生，另有四名没毕业的也最终成为大法官。
回到平权政策在美国最高法院的几次大案来说，一开始哈佛的录取政策，是属于背景材
料来读的。头一次进入“法眼”是 1978 年。 当时的大法官 Powell （哈佛 LLM 毕业
生），大力推崇哈佛的 hollistic 录取制度。他主笔了下面一个重要案例。
Regents of Univ. of California v. Bakke 438 U.S. 265 (1978)
APPENDIX TO OPINION OF POWELL, J.
Harvard College Admissions Program [Footnote 55]
For the past 30 years, Harvard College has received each year applications
for admission that greatly exceed the number of places in the freshman class
. The number of applicants who are deemed to be not "qualified" is
comparatively small. The vast majority of applicants demonstrate through
test scores, high school records and teachers' recommendations that they
have the academic ability to do adequate work at Harvard, and perhaps to do
it with distinction. Faced with the dilemma of choosing among a large number
of "qualified" candidates, the Committee on Admissions could use the single
criterion of scholarly excellence and attempt to determine who among the
candidates were likely to perform best academically. But for the past 30
years, the Committee on Admissions has never adopted this approach. The
belief has been that, if scholarly excellence were the sole or even
predominant criterion, Harvard College would lose a great deal of its
vitality and intellectual excellence, and that the quality of the
educational experience offered to all students would suffer. Final Report of
W. J. Bender, Chairman of the Admission and Scholarship Committee and Dean
of Admissions and Financial Aid, pp. 20 et seq. (Cambridge, 1960).
Consequently, after selecting those students whose intellectual potential
will seem extraordinary to the faculty -- perhaps 150 or so out of an
entering class of over 1,100 -- the Committee seeks -- "variety in making
its choices. This has seemed important . . . in part because it adds a
critical ingredient to the effectiveness of the educational experience [in
Harvard College]. . . . The effectiveness of our students' educational
experience has seemed to the Committee to be affected as importantly by a
wide variety of interests, talents, backgrounds and career goals as it is by
a fine faculty and our libraries, laboratories and housing arrangements."
Dean of Admissions Fred L. Glimp, Final Report to the Faculty of Arts and
Sciences, 65 Official Register of Harvard University No. 25, 93, 10105 (1968
) (emphasis supplied).
The belief that diversity adds an essential ingredient to the educational
process has long been a tenet of Harvard College admissions. Fifteen or
twenty years ago, however, diversity meant students from California, New
York, and Massachusetts; city dwellers and farm boys; violinists, painters
and football players; biologists, historians and classicists; potential
stockbrokers, academics and politicians. The result was that very few ethnic
or racial minorities attended Harvard College. In recent years, Harvard
College has expanded the concept of diversity to include students from
disadvantaged economic, racial and ethnic groups. Harvard College now
recruits not only Californians or Louisianans, but also blacks and Chicanos
and other minority students. Contemporary conditions in the United States
mean that, if Harvard College is to continue to offer a first-rate education
to its students, minority representation in the undergraduate body cannot
be ignored by the Committee on Admissions.
In practice, this new definition of diversity has meant that race has been a
factor in some admission decisions. When the Committee on Admissions
reviews the large middle group of applicants who are "admissible" and deemed
capable of doing good work in their courses, the race of an applicant may
tip the balance in his favor just as geographic origin or a life spent on a
farm may tip the balance in other candidates' cases. A farm boy from Idaho
can bring something to Harvard College that a Bostonian cannot offer.
Similarly, a black student can usually bring something that a white person
cannot offer. The quality of the educational experience of all the students
in Harvard College depends in part on these differences in the background
and outlook that students bring with them.
In Harvard College admissions, the Committee has not set target quotas for
the number of blacks, or of musicians, football players, physicists or
Californians to be admitted in a given year. At the same time the Committee
is aware that, if Harvard College is to provide a truly heterogen[e]ous
environment that reflects the rich diversity of the United States, it cannot
be provided without some attention to numbers. It would not make sense, for
example, to have 10 or 20 students out of 1, 100 whose homes are west of
the Mississippi. Comparably, 10 or 20 black students could not begin to
bring to their classmates and to each other the variety of points of view,
backgrounds and experiences of blacks in the United States. Their small
numbers might also create a sense of isolation among the black students
themselves, and thus make it more difficult for them to develop and achieve
their potential. Consequently, when making its decisions, the Committee on
Admissions is aware that there is some relationship between numbers and
achieving the benefits to be derived from a diverse student body, and
between numbers and providing a reasonable environment for those students
admitted. But that awareness does not mean that the Committee sets a minimum
number of blacks or of people from west of the Mississippi who are to be
admitted. It means only that, in choosing among thousands of applicants who
are not only "admissible" academically but have other strong qualities, the
Committee, with a number of criteria in mind, pays some attention to
distribution among many types and categories of students.
The further refinements sometimes required help to illustrate the kind of
significance attached to race. The Admissions Committee, with only a few
places left to fill, might find itself forced to choose between A, the child
of a successful black physician in an academic community with promise of
superior academic performance, and B, a black who grew up in an inner-city
ghetto of semi-literate parents whose academic achievement was lower, but
who had demonstrated energy and leadership, as well as an apparently abiding
interest in black power. If a good number of black students much like A,
but few like B, had already been admitted, the Committee might prefer B, and
vice versa. If C, a white student with extraordinary artistic talent, were
also seeking one of the remaining places, his unique quality might give him
an edge over both A and B. Thus, the critical criteria are often individual
qualities or experience not dependent upon race but sometimes associated
with it.
名毕业生，另有四名没毕业的也最终成为大法官。
回到平权政策在美国最高法院的几次大案来说，一开始哈佛的录取政策，是属于背景材
料来读的。头一次进入“法眼”是 1978 年。 当时的大法官 Powell （哈佛 LLM 毕业
生），大力推崇哈佛的 hollistic 录取制度。他主笔了下面一个重要案例。
Regents of Univ. of California v. Bakke 438 U.S. 265 (1978)
APPENDIX TO OPINION OF POWELL, J.
Harvard College Admissions Program [Footnote 55]
For the past 30 years, Harvard College has received each year applications
for admission that greatly exceed the number of places in the freshman class
. The number of applicants who are deemed to be not "qualified" is
comparatively small. The vast majority of applicants demonstrate through
test scores, high school records and teachers' recommendations that they
have the academic ability to do adequate work at Harvard, and perhaps to do
it with distinction. Faced with the dilemma of choosing among a large number
of "qualified" candidates, the Committee on Admissions could use the single
criterion of scholarly excellence and attempt to determine who among the
candidates were likely to perform best academically. But for the past 30
years, the Committee on Admissions has never adopted this approach. The
belief has been that, if scholarly excellence were the sole or even
predominant criterion, Harvard College would lose a great deal of its
vitality and intellectual excellence, and that the quality of the
educational experience offered to all students would suffer. Final Report of
W. J. Bender, Chairman of the Admission and Scholarship Committee and Dean
of Admissions and Financial Aid, pp. 20 et seq. (Cambridge, 1960).
Consequently, after selecting those students whose intellectual potential
will seem extraordinary to the faculty -- perhaps 150 or so out of an
entering class of over 1,100 -- the Committee seeks -- "variety in making
its choices. This has seemed important . . . in part because it adds a
critical ingredient to the effectiveness of the educational experience [in
Harvard College]. . . . The effectiveness of our students' educational
experience has seemed to the Committee to be affected as importantly by a
wide variety of interests, talents, backgrounds and career goals as it is by
a fine faculty and our libraries, laboratories and housing arrangements."
Dean of Admissions Fred L. Glimp, Final Report to the Faculty of Arts and
Sciences, 65 Official Register of Harvard University No. 25, 93, 10105 (1968
) (emphasis supplied).
The belief that diversity adds an essential ingredient to the educational
process has long been a tenet of Harvard College admissions. Fifteen or
twenty years ago, however, diversity meant students from California, New
York, and Massachusetts; city dwellers and farm boys; violinists, painters
and football players; biologists, historians and classicists; potential
stockbrokers, academics and politicians. The result was that very few ethnic
or racial minorities attended Harvard College. In recent years, Harvard
College has expanded the concept of diversity to include students from
disadvantaged economic, racial and ethnic groups. Harvard College now
recruits not only Californians or Louisianans, but also blacks and Chicanos
and other minority students. Contemporary conditions in the United States
mean that, if Harvard College is to continue to offer a first-rate education
to its students, minority representation in the undergraduate body cannot
be ignored by the Committee on Admissions.
In practice, this new definition of diversity has meant that race has been a
factor in some admission decisions. When the Committee on Admissions
reviews the large middle group of applicants who are "admissible" and deemed
capable of doing good work in their courses, the race of an applicant may
tip the balance in his favor just as geographic origin or a life spent on a
farm may tip the balance in other candidates' cases. A farm boy from Idaho
can bring something to Harvard College that a Bostonian cannot offer.
Similarly, a black student can usually bring something that a white person
cannot offer. The quality of the educational experience of all the students
in Harvard College depends in part on these differences in the background
and outlook that students bring with them.
In Harvard College admissions, the Committee has not set target quotas for
the number of blacks, or of musicians, football players, physicists or
Californians to be admitted in a given year. At the same time the Committee
is aware that, if Harvard College is to provide a truly heterogen[e]ous
environment that reflects the rich diversity of the United States, it cannot
be provided without some attention to numbers. It would not make sense, for
example, to have 10 or 20 students out of 1, 100 whose homes are west of
the Mississippi. Comparably, 10 or 20 black students could not begin to
bring to their classmates and to each other the variety of points of view,
backgrounds and experiences of blacks in the United States. Their small
numbers might also create a sense of isolation among the black students
themselves, and thus make it more difficult for them to develop and achieve
their potential. Consequently, when making its decisions, the Committee on
Admissions is aware that there is some relationship between numbers and
achieving the benefits to be derived from a diverse student body, and
between numbers and providing a reasonable environment for those students
admitted. But that awareness does not mean that the Committee sets a minimum
number of blacks or of people from west of the Mississippi who are to be
admitted. It means only that, in choosing among thousands of applicants who
are not only "admissible" academically but have other strong qualities, the
Committee, with a number of criteria in mind, pays some attention to
distribution among many types and categories of students.
The further refinements sometimes required help to illustrate the kind of
significance attached to race. The Admissions Committee, with only a few
places left to fill, might find itself forced to choose between A, the child
of a successful black physician in an academic community with promise of
superior academic performance, and B, a black who grew up in an inner-city
ghetto of semi-literate parents whose academic achievement was lower, but
who had demonstrated energy and leadership, as well as an apparently abiding
interest in black power. If a good number of black students much like A,
but few like B, had already been admitted, the Committee might prefer B, and
vice versa. If C, a white student with extraordinary artistic talent, were
also seeking one of the remaining places, his unique quality might give him
an edge over both A and B. Thus, the critical criteria are often individual
qualities or experience not dependent upon race but sometimes associated
with it.
