Dorf on Law

Mostly law-related musings by Cornell Professor Michael Dorf and some of his lawyer/professor friends

Thursday, January 11, 2007

New York Times suggests that Asians are Taking Over American Colleges

An article appeared in last Sunday’s New York Times, entitled “Little Asia On the Hill.” The story discusses the changing face of the undergraduate student body across the U.S., focusing primarily on the fact that Asian-American students hold a disproportionate number of seats at the elite colleges. At U.C. Berkeley in particular, the article points out, the undergraduate population is 41 percent Asian. This demographic development among California schools and colleges across the country is interesting, no doubt. It reflects a variety of developments, as the story observes, including the decline of affirmative action admissions in higher education. One might even note the irony that although many plaintiffs in lawsuits challenging affirmative action have been white, the beneficiaries of its demise have not been white students. This suggests that it was the very color-blind standards that opponents of affirmative action urged – and not affirmative action -- that was keeping large numbers of white applicants from gaining the admission to which they felt so entitled.

Notwithstanding the legitimate news value of the article, its tone – not to mention its title – suggests that the rising number of Asian Americans on college campuses might be something that we should evaluate critically for whether it represents a positive or negative development. The implicit message, moreover, is that if people do not like the new numbers, they should perhaps decide to do something about it. One cannot help but wonder, then, what exactly schools would do – perhaps enact the sorts of anti-Asian and anti-Jewish quotas that elite schools did institute not that long ago to limit admission of qualified applicants of the “wrong” race? Hinting at the potential downside of a disproportionately Asian Berkeley campus, the writer notes that “[w]hat is troubling to some is that the big public school on the hill certainly does not look like the ethnic face of California, which is 12 percent Asian, more than twice the national average.” One need not read too much between the lines to see that “some” are troubled both by how many Asian people live in California (“more than twice the national average”) and by how many of them attend the University of California schools.

When people debate the merits and demerits of affirmative action for African American and Latino students, those who favor it typically cite “diversity,” a somewhat nebulous concept that has come to mean the inclusion of racial groups that might – in the absence of affirmative action – have little presence in an educational or work environment. One of the problems with discussions of diversity, however, is that it can become (as it was in the past) a smoke screen for exclusion rather than inclusion. That is, if the complaint is that blindly applying the standard admissions criteria result in too many Asians, then calls for “diversity” cloak a desire to keep Asians out of the spaces with which a blind application process might have otherwise have supplied them. When affirmative action moves from promoting inclusiveness to promoting exclusivity, it ceases to distinguish itself meaningfully from conventional, old-fashioned race discrimination.
This recalls a discussion that Michael initiated earlier on this blog regarding moral progress. At times, looking at the number of people – or even the number of civilians – who have died on either side during a war does not tell the whole story of right and wrong. We want to know whether each side deliberately targeted civilians or, instead, made a special effort to avoid killing civilians, consistent with its objective (which should itself undergo moral evaluation). In the same way, the intention of affirmative action may be as important as its consequences. Expanding or altering the criteria on the basis of which undergraduate institutions select applicants as a means of giving African American students and Latino students greater access to the American Dream is quite different from changing criteria as a means of resisting “Little Asia On the Hill” -- preventing Asian Americans from disproportionately populating our nation’s colleges. I am quite troubled to see the comfort with which an article appearing in the New York Times seems prepared to conflate the two and to gaze upon the success of Asian Americans as a potential cause for alarm.

4 Comments:

  • At 3:49 PM, Blogger Derek said…

    I agree with you. Suppose one thinks that diversity in the student body (understood as making the student body roughly mirror some larger population demographic) is itself a primary good irrespective of any remedial questions. It seems to me that over-representation of some particular group is problematic only insofar as it suggests a corresponding under-representation of some other group(s).

    Suppose there were ten groups A-J that each represented 10% of the population of CA. If group A represents 19% of Berkeley, B-I 10% each, and J 1%, then the problem seems to be the under-representation of J, not the over-representation of A (assuming there is no group favoritism for A going on). So an article focusing on the large number of A students at Berkeley seems to be missing the point.

    On the other hand, if A represents 19% of Berkeley, and B-J represent 9% each, then I'd say there is no problem at all since 9% each is close enough to the population demographic of B-I to make for adequate diversity. In such a case, it's hard to see what non-invidious motivation there could be for complaining about the over-representation of A students.

    I guess one could say that we don't want A voices to have more power than B-I voices since there aren't more A people than B-I people, respectively, in CA. But there would have to be a pretty weird theory on the value of diversity for this to make sense. From an educational value perspective, points of view are not like votes in Congress.

     
  • At 5:18 PM, Blogger Garth said…

    Oh the delicious irony.

    At least those white students at Berkeley don't have to contend with the unstated prejudice that they didn't "earn" their spot.

     
  • At 9:22 AM, Blogger Sherry F. Colb said…

    I like Derek's A-J hypotheticals. They do a great job of flushing out the sort of complaint that would evidence an invidious rather than an inclusive motive. They give rise, however, to a question that I have a hard time answering. What would we think if group A represented 90% of Berkeley and groups B-I each represented 1% (with their representation in the general population being 10% each)? I am not that comfortable with a diversity plan that went about trying to increase each of the "out" groups to approximately 10%, because such an effort would be difficult (as a matter of appearances and also of practice) to distinguish from simple discrimination against the A group. Perhaps under such circumstances, my preference would be to try to determine why groups B-I are so under-represented and seek to "remedy" only the under-representations that reflect a history of discrimination or similar challenges. Another, unrelated thought is that one could re-imagine groups on the basis of some other classification and thereby complicate the "numbers" considerably. For example, one could look at "immigrants" rather than "Asians" or at people who come from Korea or China or Japan rather than "Asians." Indeed, people in Asian countries rarely think of themselves as "Asian" in the way that Americans do.

     
  • At 3:44 PM, Blogger PG said…

    I think the Times article was trying to delicately feel around the tension between the Asian "model minority" and underrepresented Latinos and African Americans. Given how difficult such issues are to discuss, I was less annoyed by its missteps that appear pro-quota than by its factual inaccuracies that give a false impression of great momentum against affirmative action than actually exists.

     

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