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ASIAN-AMER. STUDENTS & AFFIRMATIVE ACTION.
Term Paper ID:23321
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Essay Subject:
Examines legal & social debate over fairness & applicability of race-based admissions policies for Asian-Americans compared to other ethnic groups.... More...
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6 Pages / 1350 Words
5 sources, 25 Citations,
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Paper Abstract:
Examines legal & social debate over fairness & applicability of race-based admissions policies for Asian-Americans compared to other ethnic groups.
Paper Introduction:
Asian-American Students and Affirmative Action
The underlying ideology behind affirmative action is that minority groups in the United States that have historically been discriminated against should be given the opportunity to repair the adverse effects of that discrimination. Affirmative action creates the opportunity for minorities to develop the education and skills necessary to compete in America. At its inception, its need was obvious. However, its necessity has been questioned of late due to the success of certain minority groups and the arguably adverse effects on groups not protected by its policies. Asian Americans represent a group that falls into both of these categories. This paper addresses the issues surrounding Asian-American admissions to American universities in light of issues raised by Derrick Bell's analysis of civil rights issues in his
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Bell uses the fictionalcharacter of Geneva Crenshaw to develop a series of Chronicles that raisecivil rights issues currently under discussion. Toward the end of the Chronicle, Geneva states that the disadvantageswrought by generations of racial discrimination cannot be remedied simplyby enjoining discriminatory practices (Bell 159). Between 1983 and 1986, Asian-American students and faculty issued twobasic complaints accusing university officials of intentionallydiscriminating against Asian-American applicants (Takagi _). In the Chronicle, the predominantly white school chooses tostop accepting qualified minority candidates once their representation atthe school exceeds required limits. Geneva's first instinct is that the rejected candidate should sue theschool for unlawful discrimination (Bell 149). Chapter 6, titled "The Unspoken Limit On Affirmative Action" dealswith the ceilings on the admission of minorities under affirmative action(Bell 14 ). In addition, Geneva notes that the school would be able to rely oncourt decisions supporting an employer's subjective decision-making inhiring decisions where there are few objective criteria (Bell 149). The chapter begins with Geneva's narration of her experienceas the first black law professor at a major law school. However, at certain educationalinstitutions, Asian Americans represent from five to fourteen times thatpercentage of the student body (Kang 14). But, if qualified minority candidates can berejected based on race once their representation is achieved, can we reallyabolish affirmative action? Theschool could argue that although it rejected the candidate based on hisrace, it was protecting its status as a "majority institution" bymaintaining a predominantly white faculty essential to the preservation ofan appropriate image, the recruitment of faculty and students, and thefinancial support of the alumni (Bell 15 ). 31 (1996): 1-47.Magner, Denise. Affirmative actionpolicies offer no incentive to those required to implement it to exceed itsrequirements. Affirmative action creates the opportunity forminorities to develop the education and skills necessary to compete inAmerica. Further, thenarrator notes that the school could urge the court to find that neitherfederal law nor the Constitution would prohibit it from discriminatingagainst minority candidates when their percentage on the faculty exceedstheir percentage within the population (Bell 15 ). In the case of Asian-Americanadmissions, universities are rejecting apparently qualified Asian Americansbecause their representation at the schools exceeds their representation inthe general population. At its inception, its need was obvious. Through the Chronicles,Bell is able to create a scenario that addresses the issues with greaterclarity. Specifically,in the 1978 Bakke decision, Justice Powell discussed admissions standardsin the context of a university's constitutional right of academic freedom. They also allow for a dialogic discussion that keeps the readerenthralled longer than would a straightforward narration and discussion ofthe issues. In 1995, the University ofCalifornia at Berkeley released estimates of what would happen toenrollment if affirmative action were eliminated: Asians would increasefrom 4 to 55 percent and Whites would increase from 3 to 35 percent;however, Hispanics would decrease from 15 to 5 percent and Blacks woulddecrease from over 6 to under 2 percent (Shaw 5 ). "Colleges Faulted for Not Considering Differences in Asian-American Groups." The Chronicle of Higher Education (February 1 , 1993): A32-A34.Shaw, Peter. However, italso reveals its inherent contradiction. Manyofficials claimed that Asian-American students were over-represented inU.S. Asian-American activistsargued that admission rates had not kept pace with large increases in thenumber of Asian-American applicants (Takagi _). This paper addresses the issues surrounding Asian-American admissions toAmerican universities in light of issues raised by Derrick Bell's analysisof civil rights issues in his book And We Are Not Saved. In the "new" scenario,Asian-American applicants replaced whites in conservative renderings aboutvictimology and affirmative action (Takagi _). After she ishired, Geneva is visited by Mr. DeVine Taylor. In both cases, qualified minority candidatessuffer. He offers her the "DeVineGift," which is help in some way other than a cash contribution (Bell 141). She states that thecontroversy over whether and to what degree affirmative action is "wise,legal, and moral has obscured the inherent limitations of the affirmative-action approach in particular and on integration ideology in general" (Bell159). In addition, activistswere suspicious that steady enrollment figures might be the result of anintentional ceiling imposed on Asian American applicants by universityofficials (Takagi _). Geneva asks that Mr. Taylor help recruit other blacks to the faculty andhe helps to add five more minority faculty members (Bell 142). Inthe same period, their numbers in higher education also doubled to 4percent of total enrollment (Magner A32). Conservativesmaintained that discrimination against Asian-American applicants was thelogical outcome of affirmative action for blacks and Hispanics (Takagi _).The "old" complaint about affirmative action was that preferences forminorities discriminated against whites (Takagi _). The limitations placed on the school's hiring of minority facultymirrors the current exclusion of Asian-American students, as pointed out bythe rejected candidate in his letter to Geneva. However, the narratorobserves that the courts have lessened their support for fair employmentlaws that would favor a judgment for the candidate based on his superiorcredentials and his race as a major factor in his rejection. The rejection of both types of candidates is supported with theargument that to allow admission would result in the over-representation ofthat group. "Asian Americans and Racial Politics: A Post Modern Paradox." Social Justice 2 , 1-2 (Spring-Summer 1993): 115- 129.----------------------- 6 If the policies are so successfulthat they are producing so many qualified candidates is there really anyneed for the policies at all? Asian-American Students and Affirmative Action The underlying ideology behind affirmative action is that minoritygroups in the United States that have historically been discriminatedagainst should be given the opportunity to repair the adverse effects ofthat discrimination. This argument is a product of affirmative action. In his study of civil rights issues in the United States, Bellapproaches his subject through a blend of fact and fiction that allows fora thorough analysis of the issues he discusses. The central issue raised by the Chronicle and the ceilings on Asian-American admissions to universities is: What happens when a racial groupprotected by affirmative action begins to produce qualified members innumbers exceeding the "slots" permitted that group in a given field orinstitution? "Negative Action Against Asian Americans: The Internal Instability of Dworkin's Defense of Affirmative Action." Harvard Civil Rights-Civil Liberties Law Review. However, its necessityhas been questioned of late due to the success of certain minority groupsand the arguably adverse effects on groups not protected by its policies.Asian Americans represent a group that falls into both of these categories. Takagi observes that between 1987 and 1988, university officialsshifted discussion about Asian-American admissions from a focus on chargesof discrimination to a focus on issues of diversity and merit. One complaintconcerned the admission rate of Asian-American applicants and the secondfocused on Asian-American enrollment (Takagi _). As the nation's fastest-growing minority group, Asian Americans havedoubled in population in the past two decades to 7.3 million or nearly 3percent of the population, according to the 199 census (Magner A32). Works CitedBell, Derrick. Moreover, the narrator addsthat courts have been reluctant to review academic appointments because "toinfer discrimination from a comparison among candidates is to risk aserious infringement of first amendment values" (Bell 155). Its policies are based on the belief that itsprotected groups are minorities and the system inherently, ifunintentionally, ensures that they will continue to be represented in theminority. And We Are Not Saved: The Elusive Quest for Racial Justice. United States: Basic Books, 1987.Kang, Jerry. The issues raised by Asian-American admissions policies and the"Chronicle of the DeVine Gift" share one central and extremely significantaspect. However, aseventh minority candidate is rejected despite stellar qualificationsbecause the school claims it has achieved sufficient representation (Bell143). Then, between 1988 and 199 , Takagi argues conservatives andneoconservatives shifted the discussion about Asian admissions from a focuson diversity to a focus on affirmative action (Takagi _). universities or, in the alternative, that Asian-American students werenot competitive enough to gain admission to the highly selective schools.A third response was that Asians were the least likely of any racial groupto gain admission to the university because of a legitimate and justifiablepolicy that gave preference to the children of Harvard alumni (Takagi _). All of the universities denied that their admissionspolicies were discriminatory. They argued instead that Asian-Americanapplicants were either over-represented or not qualified for admission(Takagi _). "Counting Asians." National Review (September 25, 1995): 5 -54.Takagi, Dana. Geneva's statement that "progress in Americanrace relations is largely a mirage, obscuring the fact that whitescontinue, consciously or unconsciously, to do all in their power to ensuretheir dominion and maintain their control" may indeed describe the heart ofaffirmative action.
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