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

Filing 527

MOTION for Leave to File Amended Amicus Brief by Amici Curiae Professors of Economics Susan Dynarski, et al., in Support of Defendant. (Attachments: # 1 Exhibit A - Proposed Amended Brief)(Ho, Derek)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
BOSTON DIVISION

STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,
v.

Civil Action No. 1:14-cv-14176-ADB

PRESIDENT AND FELLOWS OF HARVARD
COLLEGE (HARVARD CORPORATION),
Defendant.

UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED AMICUS BRIEF
Pursuant to Federal Rule of Civil Procedure 7(b), amici curiae Professors of Economics
hereby move for leave to file an amended amicus brief for the sole purpose of adding two
additional amici: Professor Janet L. Yellen and Professor George A. Akerlof. Professor Yellen
is a Distinguished Fellow in Residence with the Economic Studies Program at the Brookings
Institution and is the former Chair of the Board of Governors of the Federal Reserve System.
Professor Akerlof is a University Professor at the McCourt School of Public Policy at
Georgetown University and the Daniel E. Koshland, Sr. Distinguished Professor Emeritus of
Economics at the University of California, Berkeley. He is the recipient of the 2001 Nobel Prize
in Economics (along with A. Michael Spence and Joseph E. Stiglitz). A copy of the proposed
amended brief of Professors of Economics as amici in support of Defendant (the “Proposed
Amended Brief”) is attached hereto as Exhibit A. Amici do not anticipate any further
amendments to the brief.

With leave of this Court (Dkt. 432), sixteen (16) Professors of Economics* filed an
amicus brief in support of Defendant in the above-captioned action on August 30, 2018. See
Dkt. 499. The brief argues that Defendant’s economics expert, Dr. David Card, is one of the
most outstanding and respected scholars in the field of econometrics and applied economics, that
his statistical analyses in this case were methodologically sound, and that the criticisms of his
modeling approach in the Brief of Economists as Amici Curiae in Support of Plaintiff (Dkt. 450)
are not based on sound statistical principles or practices.
Due to scheduling reasons, and the press of other matters, Professors Yellen and Akerlof
were unable to review the brief and associated materials in time to join the brief before the date
on which it was filed. However, they have indicated that they wish to join the brief at this time.
Except for the addition of their names and corresponding changes to the Statement of Interest of
Amici Curiae and to Appendix A, there are no other changes to the Proposed Amended Brief.
Leave to file the Proposed Amended Brief should be granted because it will not prejudice
the parties, will not delay the proceeding, and will assist the Court’s adjudication of this case.
Professors Yellen and Akerlof are two of the most distinguished economists in the United States,
and their support for Dr. Card’s statistical analyses and methods will aid the Court in its
evaluation of the competing experts’ opinions and the parties’ positions in this important case.
By contrast, permitting Professors Yellen and Akerlof to join the brief just three business days
after the deadline for amicus briefs will in no way prejudice Plaintiff.

*

Amici curiae who filed the original brief on August 30, 2018 are Professor Susan
Dynarski, Professor Harry Holzer, Professor Hilary Hoynes, Professor Guido W. Imbens,
Professor Alan B. Krueger, Professor Helen F. Ladd, Professor David S. Lee, Professor Trevon
D. Logan, Professor Alexandre Mas, Professor Michael McPherson, Professor Jesse Rothstein,
Professor Cecilia Elena Rouse, Professor Robert M. Solow, Professor Lowell J. Taylor,
Professor Sarah Turner, and Professor Douglas Webber. See Dkt. 499.
2

For the reasons stated above, amici curiae respectfully request that the Court grant the
Motion for Leave To File Amended Amicus Brief.

Date: September 5, 2018

Respectfully submitted,
/s/ Derek T. Ho
DEREK T. HO (BBO # 652627)
KELLOGG, HANSEN, TODD,
FIGEL & FREDERICK, P.L.L.C.
1615 M Street, N.W., Suite 400
Washington, D.C. 20036
Email: [e-mail]
Tel: [phone]
Fax: [phone]
Counsel for Amici Curiae

3

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
I hereby certify that counsel for amici curiae conferred with counsel for Defendant,
President and Fellows of Harvard College, on September 4, 2018, and with counsel for Plaintiff,
Students for Fair Admissions, Inc., on September 5, 2018. Both parties assent to the filing of the
Proposed Amended Brief of Professors of Economics as amici curiae.

/s/ Derek T. Ho
Derek T. Ho
Counsel for Amici Curiae

CERTIFICATE OF SERVICE
I hereby certify that, on September 5, 2018, I caused the foregoing motion to be filed
electronically with the Clerk of Court using the CM/ECF system. Notice of this filing will be
sent to all registered ECF participants as identified on the Notice of Electronic Filing.

/s/ Derek T. Ho
Derek T. Ho
Counsel for Amici Curiae