Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al

Filing 421

DECLARATION re 412 MOTION for Summary Judgment by Students for Fair Admissions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106, # 107 Exhibit 107, # 108 Exhibit 108, # 109 Exhibit 109, # 110 Exhibit 110, # 111 Exhibit 111, # 112 Exhibit 112, # 113 Exhibit 113, # 114 Exhibit 114, # 115 Exhibit 115, # 116 Exhibit 116, # 117 Exhibit 117, # 118 Exhibit 118, # 119 Exhibit 119, # 120 Exhibit 120, # 121 Exhibit 121, # 122 Exhibit 122, # 123 Exhibit 123, # 124 Exhibit 124, # 125 Exhibit 125, # 126 Exhibit 126, # 127 Exhibit 127, # 128 Exhibit 128, # 129 Exhibit 129, # 130 Exhibit 130, # 131 Exhibit 131, # 132 Exhibit 132, # 133 Exhibit 133, # 134 Exhibit 134, # 135 Exhibit 135, # 136 Exhibit 136, # 137 Exhibit 137, # 138 Exhibit 138, # 139 Exhibit 139, # 140 Exhibit 140, # 141 Exhibit 141, # 142 Exhibit 142, # 143 Exhibit 143, # 144 Exhibit 144, # 145 Exhibit 145, # 146 Exhibit 146, # 147 Exhibit 147, # 148 Exhibit 148, # 149 Exhibit 149, # 150 Exhibit 150, # 151 Exhibit 151, # 152 Exhibit 152, # 153 Exhibit 153, # 154 Exhibit 154, # 155 Exhibit 155, # 156 Exhibit 156, # 157 Exhibit 157, # 158 Exhibit 158, # 159 Exhibit 159, # 160 Exhibit 160, # 161 Exhibit 161, # 162 Exhibit 162, # 163 Exhibit 163, # 164 Exhibit 164, # 165 Exhibit 165, # 166 Exhibit 166, # 167 Exhibit 167, # 168 Exhibit 168, # 169 Exhibit 169, # 170 Exhibit 170, # 171 Exhibit 171, # 172 Exhibit 172, # 173 Exhibit 173, # 174 Exhibit 174, # 175 Exhibit 175, # 176 Exhibit 176, # 177 Exhibit 177, # 178 Exhibit 178, # 179 Exhibit 179, # 180 Exhibit 180, # 181 Exhibit 181, # 182 Exhibit 182, # 183 Exhibit 183, # 184 Exhibit 184, # 185 Exhibit 185, # 186 Exhibit 186, # 187 Exhibit 187, # 188 Exhibit 188, # 189 Exhibit 189, # 190 Exhibit 190, # 191 Exhibit 191, # 192 Exhibit 192, # 193 Exhibit 193, # 194 Exhibit 194, # 195 Exhibit 195, # 196 Exhibit 196, # 197 Exhibit 197, # 198 Exhibit 198, # 199 Exhibit 199, # 200 Exhibit 200, # 201 Exhibit 201, # 202 Exhibit 202, # 203 Exhibit 203, # 204 Exhibit 204, # 205 Exhibit 205, # 206 Exhibit 206, # 207 Exhibit 207, # 208 Exhibit 208, # 209 Exhibit 209, # 210 Exhibit 210, # 211 Exhibit 211, # 212 Exhibit 212, # 213 Exhibit 213, # 214 Exhibit 214, # 215 Exhibit 215, # 216 Exhibit 216, # 217 Exhibit 217, # 218 Exhibit 218, # 219 Exhibit 219, # 220 Exhibit 220, # 221 Exhibit 221, # 222 Exhibit 222, # 223 Exhibit 223, # 224 Exhibit 224, # 225 Exhibit 225, # 226 Exhibit 226, # 227 Exhibit 227, # 228 Exhibit 228, # 229 Exhibit 229, # 230 Exhibit 230, # 231 Exhibit 231, # 232 Exhibit 232, # 233 Exhibit 233, # 234 Exhibit 234, # 235 Exhibit 235, # 236 Exhibit 236, # 237 Exhibit 237, # 238 Exhibit 238, # 239 Exhibit 239, # 240 Exhibit 240, # 241 Exhibit 241, # 242 Exhibit 242, # 243 Exhibit 243, # 244 Exhibit 244, # 245 Exhibit 245, # 246 Exhibit 246, # 247 Exhibit 247, # 248 Exhibit 248, # 249 Exhibit 249, # 250 Exhibit 250, # 251 Exhibit 251, # 252 Exhibit 252, # 253 Exhibit 253, # 254 Exhibit 254, # 255 Exhibit 255, # 256 Exhibit 256, # 257 Exhibit 257, # 258 Exhibit 258, # 259 Exhibit 259, # 260 Exhibit 260, # 261 Exhibit 261)(Consovoy, William) (Additional attachment(s) added on 6/18/2018: # 262 Unredacted version of Declaration, # 263 Exhibit 1 (filed under seal), # 264 Exhibit 2 (filed under seal), # 265 Exhibit 5 (filed under seal), # 266 Exhibit 6 (filed under seal), # 267 Exhibit 7 (filed under seal), # 268 Exhibit 8 (filed under seal), # 269 Exhibit 9 (filed under seal), # 270 Exhibit 10 (filed under seal)) (Montes, Mariliz). (Additional attachment(s) added on 6/18/2018: # 271 Exhibit 11 (filed under seal), # 272 Exhibit 12(filed under seal), # 273 Exhibit 13 (filed under seal), # 274 Exhibit 14 (filed under seal), # 275 Exhibit 16 (filed under seal), # 276 Exhibit 17(filed under seal), # 277 Exhibit 18(filed under seal), # 278 Exhibit 19 (filed under seal), # 279 Exhibit 20 (filed under seal), # 280 Exhibit 22 (filed under seal), # 281 Exhibit 23 (filed under seal), # 282 Exhibit 24 (filed under seal), # 283 Exhibit 25(filed under seal), # 284 Exhibit 26 (filed under seal), # 285 Exhibit 28 (filed under seal), # 286 Exhibit 29 (filed under seal), # 287 Exhibit 31 (filed under seal), # 288 Exhibit 32 (filed under seal), # 289 Exhibit 33 (filed under seal), # 290 Exhibit 35 (filed under seal), # 291 Exhibit 36 (filed under seal), # 292 Exhibit 37 (filed under seal), # 293 Exhibit 38(filed under seal), # 294 Exhibit 39 (filed under seal), # 295 Exhibit 40 (filed under seal), # 296 Exhibit 41, # 297 Exhibit 42 (filed under seal), # 298 Exhibit 43 (filed under seal), # 299 Exhibit 44(filed under seal), # 300 Exhibit 45 (filed under seal), # 301 Exhibit 46 (filed under seal), # 302 Exhibit 47 (filed under seal), # 303 Exhibit 48 (filed under seal), # 304 Exhibit 51 (filed under seal)) (Montes, Mariliz).

EXHIBIT 107

The 2012 Sidney Awards, Part 1 - NYTimes.com

Page 1 of 3

ebeNilvijor
December 24, 2012

The 2012 Sidney Awards I
By DAVID BROOKS

At the start of the 198os, about 5 percent of Harvard students were
Asian-American. But the number of qualified Asian-American
applicants rose so that by 1993 roughly 20 percent of Harvard
students had Asian heritage.
But, according to Ron Unz, a funny thing then happened. The
number of qualified Asian-Americans continued to rise, but the
number of Asian-Americans admitted to Harvard fell so that the
student body was about 16 percent Asian. Between 1995 and 2011,
Harvard's Asian-American population has varied by less than a
percentage point around that 16.5 percent average. Not only that, the
percentage of Asian-Americans at other Ivy League schools has also
settled at a remarkably stable 16 percent, year after year.
This smells like a quota system, or at least that was the implication
left by Unz's searing, sprawling, frustrating and highly debatable
piece, "The Myth of the American Meritocracy," in The American
Conservative. It wins the first of the 2012 Sidney Awards, which go to
the best magazine essays of the year.
You're going to want to argue with Unz's article all the way along,
especially for its narrow, math-test-driven view of merit. But it's
potentially ground-shifting. Unz's other big point is that Jews are
vastly overrepresented at elite universities and that Jewish
achievement has collapsed. In the 1970s, for example, 4o percent of
top scorers in the Math Olympiad had Jewish names. Now 2.5
percent do. The fanatical generations of immigrant strivers have been
replaced by a more comfortable generation of preprofessionals, he
implies.

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The 2012 Sidney Awards, Part 1 - NYTimes.com

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On Aug. 13, 1986, Michael Morton returned from work to discover
his wife murdered in their bed. He had no motive and no history of
violence. He passed two lie detector tests. The couple's 3-year-old son
witnessed the murder and gave a relative a detailed description,
explicitly saying that his father was not involved.
Yet prosecutors decided Morton was the killer. He was convicted, and
he spent nearly the next quarter-century in prison. If you start
reading "The Innocent Man," a two-part series on this case that
Pamela Colloff wrote for The Texas Monthly, you will be propelled
along by indignation at the arrogance and stupidity of the entire law
enforcement system. You'll be thankful again for the Innocence
Project, which uses DNA evidence to clear the wrongfully convicted.
I may be accused of favoritism, but there were two outstanding
essays this year on Bruce Springsteen. The first was David Remnick's
profile in The New Yorker, "We Are Alive," in which Springsteen
wrestles with the gaps between his own life and his working-class
material. The second was Jeffrey Goldberg's rollicking piece in The
Atlantic on the Springsteen-mania of Gov. Chris Christie of New
Jersey.
Christie, Goldberg writes, "is a very large man who dances at
Springsteen concerts in front of many thousands of people without
giving a damn what they think." The nominal subject is Christie's
then unrequited love for Springsteen (Springsteen has since spoken
with him), but the real subject of the piece is political polarization,
what people share beneath the political divides.
Mitt Romney's religion generated a tide of commentary. One of the
more humane and nuanced pieces was "Confessions of an ExMormon," written by Walter Kim for The New Republic. When he
was .a teenager, Kim's father was having a breakdown, his mother
was threatening to leave and everything was falling apart. Suddenly a
chance encounter brought them in touch with Mormonism.
Missionaries came to the Kim home night after night for six weeks.
They brought the Kirns into the church and stabilized their lives. Kirn
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The 2012 Sidney Awards, Part 1 - NYTimes.com

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never became a committed member of the faith, but beautifully
describes his brushes with it, concluding with a summary of the sheer
power of its social support: "Nothing mysterious. Nothing cultish.
Just a handshake."
People used to die quickly, but now more do so slowly. There are
more than five million Americans with dementia. By 2050, 15 million
Americans will be demented at an annual cost somewhere north of $1
trillion. In "A Life Worth Ending," in New York Magazine, Michael
Wolff describes the case of his own mother, the once great talker and
wit, who has lost many of her faculties. He writes, "When my
mother's diaper is changed she makes noises of harrowing despair —
for a time, before she lost all language, you could if you concentrated
make out what she was saying, repeated over and over again: It's a
violation. It's a violation. It's a violation.' "
On a more upbeat note, Raffi Khatchadourian told the amazing story
of how Dallas Wiens lost his face in a construction accident, and then
how a community of doctors and others rebuilt it. The article,
"Transfiguration," in The New Yorker describes the spiritual
transformation of Wiens as much as the science of his physical one.
More Sidneys are on the way, next column.

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