April 2006

Affirmative action question requires reframing says Wayne State law dean

The dean of the Wayne State University Law School said the discussion of affirmative action in the United States needs a new paradigm

Rather than approaching the issue as a pro vs. con debate, said Frank H. Wu at the fourth annual University of Michigan Nancy Cantor Distinguished Lecture in Rackham Auditorium April 12, "what I would argue is that we need to talk about what affirmative action is intended to address."

 In an address titled "Toward a Diverse Democracy: Affirmative Action and Higher Education," Wu said the national discussion should not be on whether affirmative actions programs should be abolished, amended or constantly assessed to see how well they are working. "The question," he said, "should be, what do we do as institutions and individuals to make good our vision of democracy, of promoting justice and equality."

"What sort of society do we want to have, what do we want our institutions to look like, who do we want to belong there, and then how do we get there, are some of the questions we need to answer," Wu said.

"That dialogue should begin with race," said Wu, an alumnus of the U-M Law School and author of the book Yellow—Race in American Beyond Black and White, in which he argues that race is not predominantly an issue between whites and African Americans, but is one involving the growing US population of Asian Americans and Latinos, as well as other groups.

"If we want to talk seriously about race, we should have an accurate picture of the world," he said. "If we are to understand these issues as a society, it requires that every member of society is recognized as a stakeholder."

Wu said people often ask of affirmative action and similar programs, "When is it over? When does it end? They say they’re tired of hearing complaints. They are disillusioned and embittered with compassion fatigue."

The answer to those questions for him, Wu said, is that "I don’t think it will ever be over. I’m not cynical when I say that. I’m optimistic. I believe in the American Dream. Democracy is not an outcome but a process."

Wu offered an analogy of someone standing in a line prepared to vote and hearing someone say, "Why are we here again? We voted two years ago. When will it be over?"

Like voting, diversity, too, is "a process, not an outcome," Wu said, "and both should be embraced, democracy and diversity. In 2050 or so, we will become the first country not to have a dominant racial or ethnic majority group. That will pose a challenge of making good our promise of a diverse democracy."

Wu became dean of Wayne State’s law school in 2004. Previously, he served as a member of the law faculty of Howard University, including two years as clinical director. During his tenure at Howard he testified in the U-M Law School affirmative action case, Grutter v. Bollinger.

"Frank Wu brings a unique perspective on diversity as he shares personally and professionally the impact of often subtle forms of racial and ethnic discrimination," said Lester Monts, U-M senior vice provost for academic affairs, in introducing Wu.

"His testimony in the lawsuit challenging affirmative action in the University of Michigan Law School was most critical in creating understanding of the importance of diversity as an issue of inclusiveness for all groups."

The annual distinguished lectureship honors Nancy Cantor, former U-M provost and current president of Syracuse University, for her unflagging commitment to diversity and her outstanding contributions to the University community, Monts said.

A panel of respondents after Wu’s lecture included John H. Logie, former mayor of Grand Rapids, Michigan and now a member of the law firm of Warner Norcross and Judd; Linda V. Parker, director of the Michigan Department of Civil Rights; and Marina vN. Whitman, professor of business administration at the U-M’s Ross School of Business, and professor of public policy at the University’s Ford School of Public Policy.