ABSTRACT

Editor’s Note: In Grutter v. Bollinger, ___ U.S. ___; 123 S. Ct. 2325; 156 L. Ed. 2d 304 (2003), the Supreme Court rendered a landmark decision approving the use of race as one factor in admissions decisions at the University of Michigan Law School. The opinion of the Court discussed an expert opinion of Kent D. Syverud, Dean of the Vanderbilt Law School, concerning the educational benefits of diversity, noting that “when a critical mass of underrepresented minority students is present, racial stereotypes lose their force because non-minority students learn there is no ‘minority viewpoint’ but rather a variety of viewpoints among minority students.” The expert report to which the Court referred was prepared at the Vanderbilt Law School in 1999 and attached as an Exhibit (in Volume 3 of the Appendix) to the Defendant University of Michigan Law School’s Memorandum of Law in Support of Motion for Summary Judgment, May 3, 1999, Grutter v. Bollinger, C. A. No. 97–75928, in the United States District Court for the Eastern District of Michigan. The report was also referenced in the appendix to the Writ of Certiorari in the Supreme Court of the United States at 215a. What follows is the original expert report as submitted to the Court.