He adds: "A private entity can do whatever it wants under the constitution, but according to the 14th Amendment, public schools can't."

McLaughlin says that he experienced such double standards firsthand when he sought a lawyer to represent his daughter in court.

"No one would take the case. The American Civil Liberties Union wouldn't take it because it was non-politically correct, and the civil-rights lawyers said they couldn't take it because it would hurt the black community," says McLaughlin. "civil rights is perceived as a black issue, when it's a people issue."

The New York Times reported that McLaughlin's former employer, the Boston law firm of Lane & Altman, dismissed him over the lawsuit.

McLaughlin, who represents women in constitutional issues regarding banking laws, then had to undertake the case himself, spending $300,000 but ultimately winning what he regards as a vindication.

Of Payzant's decision, McLaughlin says: "There are 300 other families who were offered admission as a result of Julia's case. secondly, a lot of other people know that this can't go on, especially the Asians."

To underscore his point, McLaughlin referred to Stuyvesant High School in New York City, which admits students on test scores alone.

In 1995, stuyvesant had a racial composition of 49 percent Asian, 43 percent white, 4 percent Hispanic and 4 percent black, according to The New York Times.

McLaughlin says, "If it turns out to be all Asians, then that's the way it should be because they've shown that they're the best students."

Asian-American Responses

Robert Guen, a Chinese-American former Boston School Committee Member and self-described "de facto spokesperson for the Asian community"--says some Asian-Americans do consider the exam schools' admission policy to be unfair.

"For the basis of getting into examination schools, we're considered in the white category, but in all other categories, we are considered a minority," says Guen. "In that respect, the Asian parents are sort of confused and indignant.

"We are at nine percent of the population, and we are penalized for that, so the only thing fair for Asians is to have admission based on merit," Guen says.

He says that affirmative action might be self-defeating if it benefits economically privileged minority students who do not need special opportunities.

"Giving special consideration due to race is wrong because not all minority students are disadvantaged," Guen says. "There are middle-class minority students who are advantaged because they attend parochial schools or schools in the suburbs."