I.  I N T R O D U C T I O N


[1]Affirmative action is under severe attack1. In California, the Regents of the University of California voted to end affirmative action in admissions, employment, and contracting2. In November 1996, the so-called "California Civil Rights Initiative" (Proposition 209) would do the same for the entire state3. And on the federal level, various bills are circulating in Congress to end affirmative action as we know it4.
[2]The fate of Asian Pacific Americans ("APAs") has become central to this attack. Opponents insist that they object to affirmative action because it is unfair. They highlight how preferential treatment of others may disadvantage APAs, a racial minority. In doing so, they claim the moral high ground: They seek to protect not only the rights of White males, but also APAs. A provocative argument, this warrants reflection and analysis.
[3]Any thoughtful inquiry must begin with the historical experience and contemporary status of APAs. The exclusion of Asian immigrants from the United States and the segregation of APAs from mainstream society have meant that many Americans know little about APAs. As lamentably, because many (though not all) APAs are immigrants and because history is not always taught well in our public schools, many APAs know little about the sorry history of U.S. race relations. What we need, therefore, is education, discussion, and deliberation5.
[4]To help meet this need, four APA law professors — Gabriel Chin of Western New England, Sumi Cho of DePaul, Jerry Kang of UCLA, and Frank Wu of Howard6 — gathered in Los Angeles in May 1996 to begin a serious discussion of affirmative action. Representing diverse ethnic backgrounds, political viewpoints, and scholarly methods, we struggled with the many troubling issues raised by racial discrimination and its remedy.
[5]In particular, we were concerned about how opponents of affirmative action have framed the debate — in terms of "quotas," "reverse discrimination," and the "APA victim." We were also dissatisfied with the dearth of serious public policy analysis from APA perspectives. APAs are one of the fastest growing racial groups in the country, with more than nine million individuals constituting approximately three percent of the population. Introducing them into the affirmative action debate not only recognizes this presence but also illuminates the complex nature of racial discrimination from new viewpoints.
[6]APAs have come to occupy a unique place in the post-civil rights era. We have experienced racial discrimination, yet we also have enjoyed some upward mobility. We are racial minorities, yet we are also the "model" minority, portrayed at times as "honorary Whites." Placed in this unique position, many APAs are understandably confused about affirmative action. For the reasons explained in the following pages, each author has concluded that APAs must stand up for affirmative action, whether or not we are directly included in such programs. Each of us also believes that APAs can play an invaluable role in society's progress toward a community of justice that transcends self-interest. This is our case.

Executive Summary | Part II
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