哈佛大学的录取制度和美国最高法院的渊源

http://www.mitbbs.com/article_t/Parenting/32692085.html

发信人: uvachja (鹤立鸡群), 信区: Parenting
标  题: 哈佛大学的录取制度和美国最高法院的渊源
发信站: BBS 未名空间站 (Thu Jan  7 10:17:54 2016, 美东)

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