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Race-Exclusive Aid Questioned by Anthony Woodlief We often assume that past discrimination against blacks in the U.s. has lingering effects. But where scholarships available only for blacks are concerned, an assumption is no longer enough. A recent circuit court decision may have drastic effects on efforts by colleges and universities to recruit blacks. In late January 1992, the U.S. Fourth Circuit Court of Appeals decided in Paiberesky v. Kiruxm that universities receiving public funding cannot offer race-exclusive scholarships without first demonstrating the existence of present effects stemming from previous acts of discrimination. An assumption that has long been taken for granted must now be proven.

The Case The story begins with Daniel Podberesky, an entering freshman at the

University of Maryland at College Park (OMCP), who applied for a Banneker Scholarship, an academic, non-needbased scholarship offered by UMCP worth over $33,500. Minimum requirements for the Banneker Scholarship are a 900 Scholastic Aptitude Test (SAT) score and a 3.0 high school grade point average. Podberesky had a 1340 SAT score, a 3.56 grade point average, and several extracurricular activities on his resume. He was also offered over $13,000 in scholarships by the UniveI],ity of Michigan. The University of Maryland only considers black students for its Banneker Scholarship, however, and l'Wberesky, who is of Hispanic origin, was denied consideration. Daniel Podberesky and his family were taken aback. Samuel Podberesky, Daniel's father, believed that such discrimination was unlawful, and with the

help of the Washington Legal Foundation, Daniel sued the UMCP for violation of his rights under the Fourteenth Amendment and Title VI of the Civil Rights Aet of 1964. According to Samuel Podberesky, "1 believe firmly in affirmative action, but affirmative action to me doesn't mean setting up race-exdusive remedies." Podberesky says he has "no probl~m with need-based achievement programs," to remedy the lingering economic effects of racism, but need was not a'consideration in this instance. .... Podberesky lost in a Maryland di~ triet court, which concluded that it would be "premature to find that there are no present effects of past discrimination at the institution." The appellate court, how- . ever, concluded that the district court "failed to make a specific finding of such present effects" when it ruled for UMCP. According to the appellate court, while

U-M Snuffs Out NORML by Adam DeVore The University of Michigan's administration - or at least its legal council must be on drugs. ' When the U-M/s chapter of the National Organization for the Reform of Marijuana Laws (NORML) tried to request a permit to hold a rally on the Diag on April 4, during the 21st annual Hash Bash, the Student Organization and Development Center (SODC) would not even entertain its request, according to Adam Brook, Secretary of U-M NORML. Ann Arbor's Hash Bash is the largest annual pro-legalization of marijuana rally in the U.5. and celebrates the town's lenient marijuana possession penalties. Although NORML's rally is distinct from Hash Bash - it was not until 1988 that NORML and High Times even focused on the annual gathering - Associate Vice President for Academic Affairs Mary Ann Swain preemptively directed Cynthia Straub, Director of SOOC, "not to schedule NORML for the Diag anywhere around the Hash Bash time," in an electronic mail m~e she sent to Straub on January 10. Swain's exercise of such prior restraint. however, has prompted NORML to sue the U-M for access to the Diagthis

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April 4, an injunction prohibiting the UM from denying NORML permits in the future, and damages totaling $10,000. The suit was filed on Tuesday, March 17.

Adam Brook wants fair and equal treatment for NORMt The history of the U-M's war on NORML hardly amounts to a success story. "When NORML sought to reserve the U-M's sound system for its 1989 rally, SOpc said that it had already been reserved," said Brook. The U-M does not

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permit groups to bring their own sound equipment, thus insuring that the Diag is not overwhelmed by many competing, amplifier-ridden rallies. But when the Ann Arbor Libertarian League subsequently asked to reserve the Diag for the day of Hash Bash, its request was granted without hesitation, even though the libertarian League was not a recognized student group. After the Libertarians announced that the UM's coveted sound system would be used to let NORML speak, the University quickly granted NORML the permit it had requested. Curiously, though, the U-M "required a representative of NORML to sign a form promising that it would not use the Diag for any illegal purpose," said Brook. "The student signer repreSenting NORML was threatened with expulSion if anybody from the student group [NORML] were caught breaking the law. One person was made responsible for everyone else," he explained. Mere days after Hash Bash '89, thenVice-President of Student Affairs Henry Johnson declared that NORML would not be granted a Diag permit for its 1990

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this assumption "might be perceived as fair to UMCP, it does not satisfy constitutional standards." The appellate court thus remanded the case to the district court and ordered it to determine whether present effects of discrimination still exist at UMCP. If the appellate decision is not overturned, it will become the new standard by which race-exdusive scholarships are measured, at least in the states where the Fourth Circuit has jurisdiction, namely, Maryland, North Carolina, South Carolina, West Virginia, and Virginia

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When is Racial Disaimination Good? The debate over whether educational . jostittIflons can discriminate on the basis of race is growing, according to Washington Legal Foundation attorney Richard Samp, not because of a new interpretation of the Civil Rights Act of 1964 by the courts, but because of increasing attempts by universities to change the meaning of the term "equal opportunity" into "equal entitlement," enforcing quotas in the process. Samp, who represented Podberesky in his case against UMCP, notes that "the educational establishment is very resistant to the direction courts have been going" on this issue. According to Samp, Title VI of the Civil Rights Act of 1964 dearly prohibits the recipients of federal funds from discriminating on the basis of

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Tattoos CuringSAPAC Deflating Bikers Funding Fiasco Gun Control Federalist Paper Hockey CrusWs Corner

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March 18, 1992

THE MICHIGAN REVIEW

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Serpent's Tooth Tstudents for Tsongas will tstage a tseminar next Tsaturday at tseven in Tsouth Quad. Eric Jackson. renowned promulgator of inaccurate information, had a particularly stupid essay in this month's issue of Agenda. He blatantly took Review columnist Jeff Muir's words out of context with the hope of portraying Jeff as a white supremacist. lmagine if Jeff said: "I think that anyone with the ignorance to oppose people on the grounds of race, whether they be blacks or whites, should be given a shot of common sense." Eric Jackson's interpretation of what Jeff said: "I think that ... blacks ... should be ... shot." It is with much regret that we inform you of an error in last issue's "Dead White Male Authors" crossword puzzle. According to the Review's Resident Advisor on Afrocentric Propaganda, Dr. Fazlashabaz Mukumbawumba, William Shakespeare was really an African, and by no means white. We're ever so sorry. Must be our "Eurocentric" educations.

How does Nietzsche say "woman on top?" Uberwench. "Sexism is everywhere. Are you part of the problem, or part of the solution?" asks a recently discovered poster sponsored by SAPAC. "Everywhere," by definition, inciudesSAPAC and the affirmative action offite. No surprise to U-M males. University agencies that waste tuition dollars on stupid propaganda campaigns are (almost) everywhere. Twenty-two out of the last 23 presidential elections have ~ won by the taller candidate, according to a recent issue of the Naticmal Review. George Bush measures in at a respectable 6 feet 2 inches,

Mister Boffo

soaring over Jerry Brown and Paul Tsongas, who are both vertically challenged. Should Bill Clinton be the Democratic nominee, however, he could pose a problem for Mr. No New Taxes. Clinton is also 6 feet 2 inches. We just hope the Libertarians nominate Wilt Chamberlain. University General Counsel Elsa Cole, in the March 12 issue of the Daily, stated: ''The University has the authority to regulate speech if it is in a time, place, or manner that we deem inappropriate." Power trip, Elsa? Perhaps after your successful co-optation of the U.s. Supreme Court's powers, the U-M will next usurp the powers of the u.s. Congress. From the March issue of Liberty: "Expect the FDA's recent decision to ban silicone breast implants to lead to a tragic rise in.. fatalities ~ with unlicensed, back alley breasti~plants.fI Come on, ferni: nists, mobilize! Den't let the state control your bodily rights! Defend your freedom to obtain big busts on demand! The Animal Liberation Front torched a laboratory at Michigan State University on February 28 where professor Richard Aulerich was conduding tests on wild minks. As it turned out, the ALF also destroyed 10 years worth of research conducted by professor Karen Chou. Dr. Chou has dedicated her research to finding methods of experimentation that do not involve the use of animals. Smooth move, eco-freaks. In his March 6 Daily column, Editor-inChief Matthew Rennie sarcastically quipped about the presidential candidates: "Sure, we still have many choices - if you like white men." Matt, just because you are white and have a penis doesn't mean that you oppress everyone, and you don't have to hate yourself!

MICIDGAN REVIEW

ously cannot explain why the Review is "white supremacist," maybe you could explain this: how come you can argue that black people need to stop accepting destructive images of themselves (Daily, March 5, 1992), but when a white person comes along and says the same thing, he's automatically a Eurocentric racist? A flier came across our desk on Monday, March 9 - the day Tom Harkin dropped out of the presidential race - from Students for Harkin. It quoted Harkin as exclaiming, "I can beat George Herbert Walker Bush." Right. You couldn't even beat Governor Moonbeam, Tommy.

"We are the Establishment"

The Campus Affairs Joumal of the University of Michigan Editor-in-Chief .......................Adam DeVore

Recent propaganda from the revolutionary communist organizationSPARK denies that the failure of the Soviet Union had anything to do with communism. According to SPARK, "Capitalifm is the system that has been tried and has failed." Yeah. Sure. That must be why it costs $75 to buy a lollipop in Russia. The Office of Orientation is once again looking for "Diversity Facilitators" for Summer Orientation 1992. Qualified applicants should have experience with many forms of discrimination. Intuition, however, suggests that victims of affirmative action - straight, white, conservative males- need not apply. ''The U-M Hospital was rated as the least welcoming, MOST HOMOPHOBIC SIGHT (sic) on campus according to a recent U-M study," announced a flyer compiled by ACf-UP. We don't know about the most homophobic "sight" on campus, but the most sexist is clearly Burton Tower. Locally, however, it ranks second behind the Ypsilanti water tower.

According to a recent Detroit News artiele, ''The American educational system needs to tear down barriers built by years of male chauvinism in the mathHey, Forrest Green Ill! Since you obviematics and the sciences." From an arby Joe Martin ticle on the same page: "Findings of ~ CFF AfJ AWrTlalALr high-tech brain scans ~ 7D ~1\2TY 'FE.1<CENT. add to growing evidence that women"s advantage over men in verbal fluency may be linked to brain differences." So, when men are better than women. irs chauvinism; when women are better than men, it's brains . . "

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Publisher...........................Karen S. Brinkman Executive Editor............. Andrew Bockelman Executive Editor....... ......... .........Tony Ghecea Executive Editor.................Kishore Jayabalan Contributing Editor....................... Corey Hill Contributing Editor................Jay D. McNeill Contributing Editor...............David J. Powell Contributing Editor................ .5tacey Walker

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Assistant Editor....................... Ryan Boeskool Assistant Editor.......... .................... .Joe Coletti Assistant Editor ......................Tracy Robinson Music Editor....... ·................. .........Chris Peters Literary Editor ........ .............. Adam Garagiola JHtsiness Manager.............. Peter Daugavietis Business Manager ..Chet Zarko Copy Editor .............. ....... .... .......... Beth Martin Advertising Manager.. ............. .Jennifer Weil MTS Meister ........... ................... Brian Schefke MTS Meister................................Doug Thiese Staff Eddie Arner, Chris Bair, Dave Berriman, Mike Beidler, David Boettger, Mister Boffo, Michele Brogley, Chris Brokaw, P.). Danhoff, James E Elek, Brian Ewald, Athena Foley, Robert Frazine, John Gnodtke, Jonathan R. Goodman , Frank Grabowski, Jonathan Haas, Mike Hewitt, Lauren Hillburn, Nicholas Hoffman, Chuck Hugener, Nate Jamison, Ken Johnston, Avram Mack, Mary the Cat, Kirsten McCarrel, Peter Miskech, Bud Muncher, Crusty Muncher, Shannon Pfent, Hashim Rahman, Mitch Rohde, Sid Sharma, Michael Skinner, Ed Sloan, Dan Spillane, Jay Sprout, Kenneth W. Staley, Eric StrOm, Perry Thompson, Jim Waldecker, Jemmie Wang, Matt Wilk, Tony Woodlief.

Executive Editor Emeritus ................Jeff Muir Kapusta Editor.........................Brian Jendryka Grunge Editor...... .......................John J. Miller Editor Emeritus .. .......................Marc Selinger The Michigan Rroitw is an independent, non-profit, student-run joUrnal at the University of Michigan. We are not affiliated with any political party. Unsigned edi torials represent the opinion of the editorial board. Signed articles represent the opinions of the author and not necessarily those of the Review. We welcome letters and articles and encourage comments about the journal and issues discussed in it

Our address is: 911

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Sum ONE ANN ARBOR, MI48109-1265 TEL. (313) 662-1909 FIlX (313)936-2505

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Rovi ng:,P hotog rapher Why do you have a tattoo" and what does it mean? by Mitch Rohde

Jennifer Gervais, LSA Senior: When I was five, I saw my aunt's tattoo on her butt. Ever since then, I've ,wanted one.

Allison Freyermuth, Grand Rapids: It mirrors my mental state.

Colleen Kincaid, SNR Junior: I did it for me, because I wanted it.

Grey Spearman, EMu student It's a .' Grateful Dead symbol. I really like the Dead.,aJot. I've seen them 15 times. I also --liRezoot suits.

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Speech codes, campus cops, and much, much morel Read about it all in the Reviewl Gabe Konrad, Grand Rapids: I can't really pick a favorite of my 20 or so tattoo pieces, They've all come about from the feelings and experiences of the moment. Each piece has its own story - good ending or bad.

Suzanne Fauser, Tattoo Artiste: Go Forth and Live as Art.

Debate, argue, discuss, and tell everyone about your taHoos. Ti,e Michigall Review MTS Computer COIl/erellce To join, type "Sso MREV: Forum" at the:: prompt.

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With your tax-deductible donation of $20 or more, you too can receive a one-year subscription to the Review and read about all the latest happenings at the U-M. YES! I'll subscribe! Here's my tax-deductible contribution of: _ _ $20

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Mail to: The Michigan Review 911 N. University Ave. Suite One Ann Arbor, MI48109 ~

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THE MICHIGAN REVIEW

4

From Suite One: Editorials

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March 18, 1992

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Abnormal Treatment of NORML ust End Presiden,t Duderstadt's underlings are distancing the President's office from occurrences surrounding the censorship of the National Organization for the Reformahon of Marijuana Laws (NORML) by the Student Organization Development Center (SODC) and the subsequent suit NORML has filed against the University. Shirley Clarkson, Assistant to the President, vaguely explained that lithe President has not been involved" in the decision to deny NORML the use of the Diag for this year's planned rally at Hash Bash. When one considers President Duderstadt's contempt for Hash Bash, and the administration's refusal to accept the preliminary request from NORML for a Diag permit, however, Clarkson's comment takes on an evident air of implausibility. Other relevant considerations - witness Vice President Mary Ann Swai~'s sending an MrS message to the SODC instructing them not to accept NORML's application or the U-M's history of past NORML abuse (see page one) - suggest that the administration, and even Duderstadt himself, is at least tangentially involved with the decision to deny NORML its First Amendment rights. The administration has sought to justify its censorship of NORML by citing the "property damage" that invariably accompanies the annual Hash Bash celebration. Yet when pressed for specifics, administrators were unable to quantify damage directly linked to the NORML rally. One would assume that if any damage to University property were anticipated, the U-M's beefy new police force should be a.!)k(t6 control the problem adequately, but evidently not. It is intEirestmg to note that a spokesperson for NORML maintains that the group is willing'to work with the U-M police force in order to ensure a safe Hash Bash, but, apparently, to no avail. NORML is also willing and anxious to correct any problems for which it is responsible, but the U-M has never presented the group with a list of grievances. The administration is basing its decision on selective and unconstitutional policies seemingly designed to limit NORML's audience and, ultimately, to dismantle Hash Bash itself. Surely Rackham Auditorium, where Swain has told NORML it may hold a panel discussion in lieu of a rally, could not accommodate over 8,000 Hash Bashers. In a March 1990 interview with the Review, Duderstadt remarked concerning

Hash Bash and the then-pending decision to repeal the $5 pot law, ''They're both a disgrace, I support repeal of the $5 pot law, and there should be a stronger penalty. I don't know what I can do legally to keep the Hash Bash from happenins- but I'll do anything I can to prevent it." It appears that Duderstadt was unable to find the legal means necessary to prevent the event, hence the enactment of prior restraint by Swain, an unconstitutional act that has been overturned by the Supreme Court. Michael Warren, Jr., Chair of the Student Rights Commission, maintains that, "[T]o even fathom that a court would uphold the University's restraint on NORML is preposterous." Duderstadt and his cronies should be more concerned with upholding student groups' rights rather than trying to silence them. Adam Brook, Secretary of U-M NORML, echoed this sentiment. "King James is the problem here," he said. "Everything is coming from his office, guaranteed. He thinks Hash Bash makes the U-M look bad, but that's because of how he insists on handling it He's missing a chance to regain lost face. He could use the NORML rally as an example of how people on this campus are able to exercise their First Amendment rights, as well as how the U-M facilitates that" Brook also noted the absurdity of supposing that the office of the President is not involved when a lawsuit against the U-M is pending. Whether one "bree5 with the aims of NORML, or even with the idea of an annual afternoon of marijuana smokins- is not the issue. What is at stake here are the limits the administration is continually willing to place on the freedoms of speech and assembly. ObViously, if property damage is indeed a significant externality, all students ~ill inevitably incur the costs of repairing it. But can we allow limits to be placechipon public forums by a handful of administrators who openly disagree with the subject matter scheduled for April 4 and who cannot even quantify the damage Hash Bash allegedly causes? The decision to deny NORML the right to hold a rally should be reconsidered. The administration is missing a golden opportunity to uphold the value of free speech on campus.

Depoliticizing SAPAC, ASAP While the Sexual Assault Prevention and Awareness Center (SAP AC) parades around campus enlightening students with its "Myth of the Month" and "Stop Rape" fliers, the' center is quietly conducting it search for a new director. The Office of Student . Affairs has been entrusted with the responsibility of creating a selection committee comprised of students, faculty, and staff, which will recommend a candidate who will then be subject to approval by the Regents. Since its inception in February 1986, SAP AC has supposedly provided a plethora of services to the <;ampus community, including educational programmins- counseling services, and the coordination of campus safety concerns, all for the purpose of countering rampant sexual assault on the campus. The center's first director, Julie Steiner, accomplished much in the way of alienating a large segment of the campus community from SAPAC while she sought to raise campus consciousness of rape and sexual assault through aggressive, offensive, and often politicized means. Under Steiner, SAPAC was certainly successful in raising students' awareness of rape and other acts of sexual misconduct perpetrated primarily by men against women. Yet SAPAC's history is not one of unqualified progress and achievement. Perhaps the most dubious anti-concept Steiner sought to make credible was "psychological rape." Popularized under Steiners dictatorship, the charge of psychological rape could be brought against a male simply for" staring" at a female, making "kissing noises" or "whistling" at her, or even making what she might perceive as "sly comments." Steiner's time would have certainly been better spent organizing additional self-defense workshops and rape prevention seminars. Instead she wasted valuable time ,~d resources combating what was surely the leastdangerous of all possible "ra~" scenarios in a highly abrasive and ~confrcmtationallll~er. .' , Unfortunately, Steuwr's politi~tion of SAP ACCiCcomplished littltdn;-lhe way of helping potential victims of sexual assault. In a c:01umn for, th~ ;qctober ~4, 1991 , ~~;P¢ly, she d~ the plight of wO~I1S!,wprnep. .»:.p.~ ':\~q~ JQ ~r>su.t.: : , j(JtiT.s·.''J<,.t~,-\il1.dA

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when sexual harassment has occurred. She continued by inferring that sexual harassers like then-Supreme Court nominee Clarence Thomas "are not stupid enough" to engage in inapgropriate behavior in the presence of witnesses. Steiner dearly defended the view that if a woman accuses a man of sexual misconduct, then credible methodology outlining specific sexual misconduct criteria cannot be considered; women can know by intuition that the man is guilty. At no time did Steiner ever publicly entertain the possibility of Thomas' innocence. Instead, Ste:iner preferred to exhibit her disdain for Thomas and the "white men" who were in charge of the hearings, while simultaneously failing to offer any insight into the merit of charges advanced by University of Oklahoma law professor Anita Hill. SAPAC prides itself on its success at dispelling the myths and stereotypes surrounding sexual misconduct, yet it frequently promotes its own set of stereotypes in other ways as well; witness its notorious claim, advanced on a "Myth of the Month" poster, that mutual consent does not mean rape did not occur. In light of two recent blunders the administration has made, (the illegal hiring of President James Duderstadt and the secretive inception of the deputized campus security force) it might behoove SAP AC and the Office of Student Affairs to maintain a significant degree of openness during the selection process, similar to the process used during the selection for the Vice-Provost of Student Affairs. Given Steiner's history of political activism prior to her appointment and her propensity for abusing the University-confered prominence of her position, the selection committee must carefully investigate each candidate's past record of activism to ensure thatSAPAC and personal activism arerte:veragain intertwined so intimately. The new dit~or should be selected &o~ candid~tes whQ:'have nOt been CQl\ditionedbY'St$:~$ 'fflaius . operandi. Even suppOSing,that'tne .new DirectOT :~omeS from ~ithfrtSAP.AC and::has ~ ... history of activiSII\nowever, itshouJd be someone ~p$le Of keeping h~r - or ms - , •

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March 18, 1992

The Life of Ryan

THE MICHIGAN REVIEW.

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Taking the Air out of Campus Bikers by Ryan Boeakool So, I'm walking ac:ro;s the Diag when,

out of nowhere, some damn bike blows by me at fifty miles an hour. I was standing there pooping purple twinkies and the idiot kept right on pedalling. Now that spring has arrived (maybe), these little Schwinn-buggers are multiplying all over the place. The campus has turned into one big Huffy free-for-all. You ~ them on the Diag. in the dorms, in buildings' elevators, and surrounding virtually every building. Oh, how I enjoy a handle in the ribs and a pedal in the shin! Call me claustrophobic, but there is simply not enough room in an elevator for someone's transportation vehicle. I am confident in saying that I am not the only one who dreads these steel tinkertoys from hell. Everyone has had the frightening experience of having a biker approach him on a direct collision course. You move right, he moves right. You move left, he moves left. At the last second you pull an Indiana Jones tuck and roll into the grass, having come within inches of eertain death, or at least avoiding some major pain. Whenever I see one coming I commit to one direction: the right. But I guess it depends on your political beliefs. I fail to understand the biker mentality. Bikers obviously feel that they are very important people who are so busy that they don't have time to walk to class. They get their bikes, apparently thinking they are death defying. and iIWntly they are defying space and time, usually reaching their destination within seconds. But every time I see these chrome-huggers,

they are struggling to keep their balance, nipping at the heels of a group of pedestrians who are moving slower than the presidential election process. In between classes there are literally thousands of students roaming around the Diag area. What makes these puffing pedalists think that they have the power of Moses? As if wf! re all supposed to part like the Red Sea and let these twits tear recklessly across the thoroughfare (when they should really be at home grappling with their Harley Davidson inferiority complexes). But far worse than these moving monstrosities are their battered and abandoned cousins - you know, those totalled rustheaps that remain chained to lampposts for weeks before someone takes care of it. Sure, onee in a while I flip out and destroy one Jet fun - and on a good day, the resultS might pass for modem art - but it is the owner's responsibility to take it away all the same. And why do people insist on bringing their bicycle parts to class? Everyday in lecture you can spot three or four people clutching their bicycle seats, handle bars or wheels. They must believe homeless people are swiping parts to resell- or maybe it's a religious thing. Well, I'm fed up. I hereby declare that hence forth, it shall be open season on the Nazi bike riders. We pedestrians have been oppressed long enough. No longer should we have to walk to class in fear. It is time to take back the campus. "Hey Hey! Ho Ho! Mountain bikes have got to go!" Wait a minute: we can accomplish this without protests, petitions or

shanties. Just find a good branch and shove it in the nearest moving wheel. After a few of these freaks on wheels wipe out, they will get our message "Hey you, get off of our sidewalks" (notice side"walk," not side"bike"). Of course, we will spend a couple of years doing time for "intent to do bodily harm," but is any price really too great? But seriously - bikers ought to be kept off our sidewalks. They should be forced to ride in the street like real transportation. That's why someone devised those cool arm Signals. Cars also treat bikers with the respect they deserve none. The corner of S. State and E. Madison resembles a regular episode of Rescue 91Âť. On afternoons I like to sit out on the Alpha Delta Phi deck and watch the p~dal-mongers go flying over their handle bars as they smash into indifferent cars. It is interesting to note that you never see cars hit people. With th~ exception of Ann Arbor Transit Authority buses, the drivers of which seem not to believe in the concept of crosswalks, the streets of Ann Arbor are relatively safe. WelL having brought up the topic of stupid modes of transportation, I suppose I'm obligated to mention skateboards. For getting around campus'you might as well be riding a Big Wheel. What really grinds the nerves is that incessant clickety-clack sound they make on the sidewalks that can be heard for miles. The only other purpose skateboards have is to do tricks on them, which is fun to watch. They damage campus property, but it is so much darn fun watch-

ing them severely injure themselves. Speaking of destroying public property, isn't it against the law now to sport skateboards around campus? Now that the campus police are toting firearms, couldn't they just blow the skateboarders away? The only thing worse than skateboarders and bikers are rollerbladers. These bastard offspring of rollerskaters are the most dangerous thing to cross the Diag since Carl Levin. They're as fast as bikes, but they lack the bulky steel apparatus - so we can't see them coming. Infinitely more dangerous and stupid is their lack of decent brakes. I suppose when they want to stop, they just run into the nearest person. Unfortunately, there isn't much we can realistically do. Pushing over a Trek freak or trashing a Miata on occassion is good for the nerves, but such token dis_plays wo~'t solve the problem. Bicycles have become an integral part of our campus,f.9I.people who need to be on wheels ...m' order to feel important. Now that spring is here, we have to learn to live with them. But pedestrians are not entirely without recourse. Feel free to swear at bikers to relieve your frustration, since they rarely separate their butt from their seat for any reason. If, perhaps, you get one to pursue you, all the better. By the time they give up the chase, someone will have stolen their bike. Ryan Boeskool is a freshman in LSA and an assistant editor of the Review.

Letters _________________ Conservative Guru Speaks Being one of the most conservative students on the University of Michigan campus, I would like to provide a different view on the issue of depulization. Ever since the Regents announced that they would be creating a police force, people have jumped aU over the Regents and the administration for their lack of concern for student input The ÂŁact is that it is because of student, staff, and faculty concerns that a police force was created. The University has, however, had deputized offieers since 1988. There has been mention that the Regents disbanded a Regental Advisory Committee shortly hebe announcing that they would deputize. That Task Force on Campus Safety and Security's sole purpose was to pro-

pose several ideas to the Executive Officers who would then present them to the Regents. This was not to be a continuing committee and there were no provisions for the existence of that committee after it accomplished its job. This Task Force did ask ISR to conduct a survey which they used in their report. All of the recommendationsof the Task Force are being acted upon, including the implementation of a police force. People also complain about the timing of the Regents' announcement If the Regents had waited until fall to announce it, the protesters would have said that they were waiting until the last minute to announce it, just to surprise the students. Then we come to the more recent issue of the protests over the transfer of power of deputization to the Regents.

There are claims that the Regents did not listen to student input enough. The Regents are elected by voters in the state of Michigan. We as students are some of their constituents but not by any means a majority of them. It wouldn't matter if they had scheduled a dozen open hearings because the anti-everything, leftwing radicals would have protested anyway. The Regents attempted to hold an open hearing. but were unable to due to the idiotic actions of the protesters. They obViously have no real concern for other students as they assaulted various administration and DPS officers, including the Director of the Department of Public Safety, Leo Heatley. I am encouraged by the fact that DPS has made a couple of arrests and can only hope that more are made to discourager th.e senseless vio-

lenee encouraged by groups like the Black Student Union (BSU) and the Coalition of Students Against Depulization (CSAD). I would like to finish by saying that a majority of students spoke in favor of deputization at the open hearings and that the three good arguments listed by Jeff Muir in the last issue of the Michigan Review, were presented to the Regents at the open hearings, as I was one of many that did so. Blame in this whole ordeal lies not with the Regents, administration, or DPS, but rather with the disruptive students who just set back years of work in establishing better communication with the administration.

Brenton House MSA Representative


THE MICHIGAN REVIEW

6

Essay: Budget Analysis

March 18, 1992

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MSA Funds: The Sordid Papertrail have been turned down in the year and a whose money they presently receive. 1990 "fact-finding" trip to the West Bank (Similar objections could be raised to reand the Gaza Strip. half that I have been a representative," he It's tuition time; do you know where said. LSA-SG's willligious groups, although they are not Such expendiyour money is going? ~------------------------~ ingness to dole out mentioned here.) The unfortunate answer for many tures were attacked by the Conservative MSA'sHeavyweight Spenders money to groups MSA, however, does not actually give University of Michigan students is "no." Coalition (cq in the with extreme politiout money until it obtains receipts for the Students often do not realize their tuition cal bias appears to purposes of allocations, according to MSA last MSA election, dollars are regularly given out to student $1,000 stem from its fear of Treasurer Andrew Kanfer. Jen Bayson, but many students Baker-Mandela Center groups with questionable purposes or Coalition for Democracy remain unaware of in latin America being accused of disfund allocator for LSA-SG, points out goals to which many students might 0b$339 oimination Student that "groups must fill out a form indicattheir existence. Al- Eart.h Day Committee ject, on principle. $6,929 governments seem ing all of their assets and expenses." A ~t year, for example, the Michigan though the election FeminisrWomen's Union $1,000 Student Assembly (MSA) allocated $50 to think that it is unrequired signature holds a group responof a CC majority General Union of Palestine slowed the flow of Students $450 I safe to deny funds sible for the accuracy of its information. to the Gay Radio Collection, according to to groups which do One could argue that since student its Schedule of External Allocations. of these question- Latin America Solidarity $l,losl not appear to be parrepresentatives control MSA, the money able allocations, it Committee Money also flowed into the coffers of the ticularly worthdoled outtosuchgroups is sanctioned by did not stop all of Lesbian and Gay Rights Palestine Solidarity Committee (PSC), the Organizing Committee Baker-Mandela Center (BMC), and the the bleeding. :f~ while, and that it is the rest of the student body. But this is Palestine Solidarity Committee , perhaps safest to not the entire truth. The LSA Stu- Socially Active Latino Students Homeless Action Committee, to the tune of Sl,225, $1,000, and $200, respectively. dent Government Association $1,3821 give funds to virtuThe majority of the student body MSA's donation to BMC is perhaps the (LSA-SG) also allo- Sisters in Stockw~11 Transmitally whomever does not vote in MSA elections, and quite most startling of these, since the group cates mon~JI' -to ting Ethnic Relations $450 I comes begbing. . ~bly many students do not even know And boy do they these elections exist. Beyond that, many slanted sludent Student'Coalition'or Social had already received a large start-up $350 come begging. Two students, upon learning where their groups, according. to Awareness grant from the University with the agree$470 ment that the center would become Self- . Vince Wilk, the Women for Guatemala money goes, would probably balk at the of the larger MSA $500 sufficient after 1990. The PSC is the orgaLSA-SG's treasurer. Rainforest Action leeches over the past thought that it goes, in part, to political few years have ~ .' -groups. MSA serves a valuable function nization that sent several students on a "Only three requests Student Legal Services and the Ann Arin funding those neutral groups that are overlooked by the U-M itself. But the bor Tenants' Union. Student Legal Services received $292,693 during the 1990funding of fringe political groups is go91 fiscal year for prOViding the most baing too far. sic legal advice. The Ann Arbor Tenants' The bulk of spending on such stuUnion took $38,963 and opened its doors dent groups, however, comes neither for a whopping twenty hours per week. from MSA nor LSA-SG. The MSA spends Fiscal responsibility at its finest. nearly $40,000 per year; LSA-SG spends The Michigan Daily, which has pureven less. If not all the blame for inapproported to be completely free of the need priate student group funding can be to draw on student funds, receives applaced on these groups, then on whom? prOximately $6,000 per year from MSA. The number one culprit, by far, is the . Although this figure is composed primaUniversity of Michigan itself. rily of advertising expenditures, it repreThe U-M grants the same type of sents a large allocation of what is, in student group appropriations, but often effect, student money, to what some of a much greater magnitude. Groups would consider a group outside the apply for funds in a similar manner, and sphere of what students should be forced applications are reviewed by a twentyto fund. member panel of U-M administrators. If Granted, some of MSA's heavya grant is approved, one or more of the weights are not overtly political, and the U-M's departments may foot the bill to Ulrich's carries name brand clothing from extent or extremity of their political or cover it For example, according to Rodger Champion - Jansport - Gear - Beezll - Russell Athletic social activism may not be easily agreed Wolf, director for budget with the Viceupon. But groups which espouse politiAlong with many styles of imprinted sportwear we carry President for Student Services, the VPSS cal viewpoints, be they right or left leanalone gives out approximately $30,000 Hats, Caps, Pens, Pennants, Mugs, Bumper Stickers, ing, should not receive money coercively per year to student organizations. Rulers, History Books, Shoelaces, Posters, FIshing Lures, taken from the student body. The VPSS, however, is only one of Stationary, Footballs, Basketballs and Much, Much Morell If it's got an 'M' on it, Ulrich's probably carries It! Individual students presently canmany Vice Presidential departments, all not decline to pay the portion of their of which allocate funds for student Main Bookstore: tuition which funds MSA. That being so, groups. According to Gene Tewksb~ry 549 East Univers~y they should not be forced to fund groups of the Agency Fund, student orgamzaArtlEngineering Store and which they may find morally, politically, tions receive and spend $5.8 million per Electronics S~owr?om : or ethically objectionable. Whereas fundyear, 90 percent of which is self-raised. 11 17 South University ing for a group like Blood Drives United This, however, leaves nearly half a milPhone: 313-662-3201 would be next to impossible to oppose on lion University dollars that go to student Monday-Frl~ay ~ :00-6 :00 any principled grounds, political groups organizations. That $500,000 is spread 9.30-5.00 harbor 1 t tial f thical ·d tUM .. h as Saturday i I ......... . .... " '"''' '"' " , v V " , . J ' V I l L . Sunday Noon to 4:00 " ampepoen ore ort eoamong d'ff 1 eren - d'tVISlOnssuc i':: :::.~:: 10gical)~pp(!)siaQ)n by d~mhsiud~ts ,; VPSS-and ot~ers. ··! " ,,;-,,! ,. ," by MattWllk

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THE MICHIGAN REVIEW,

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This accounting designation, however, omits one large chunk of money. Direct grants are listed as off-budget, and are therefore out of the supervision of students. These grants, while at times eannarked for certain specificpurposes, often go relatively unsupervised. Grants are generally large (on average 10-50 times as large as other monetary requests), not listed on the budget, and very difficult to account for. A few of the groups that receive or have received such grants include the Black Student Unic:m. (BSU), the Baker-Mandela Center, and the Lesbian and Gay Male Programs Office. The records of which groups receive grants are privileged information. But as these grants come from student money, the Freedom of Information Ad (FOIA) may be invoked to demand its release. The FOIA was designed to prevent large governmental organizations from hiding possibly damaging documents. According to the law, a governmental department must release aU documents regarding topics that are of public interest, with but a few exceptions. The FOIA, unfortunately, cannot be applied dire<:tly to the organiz~tions which ultilTlately receive U-M grants. According to Virginia Nordby of the FOIA office for the U-M. the law can only be used to force the disclosure of which University departments have given money, to whom it was given, and for what purpose it was designated. Although this information ~ould be fairly accessible, the U-M has decided, in this case, to utilize its option of notifying the requestor that the information wi]] be delayed. For the time being, at least, one can only guess as to how the money given to organizations is actually spent. In any event, let us examine the apparent fate of one of these grants. The BSU receives a $35,000 grant. every year from the U-M in order to fulfill Point Six of the Michigan Mandate, that being the enhancement of udiversity", according to an article in the March 11 Detroit Nnos. The money itself, however, is spent on some strikingly u~Mdiverse" things. For example, the BSU organized and helped fund last month's U-M appearance of City College of New York race "scholar" Leonard Jeffries. Oddly enough. the BSU refuses to disclose exactly how much money it gave to Jeffries. Jeffries was purportedly brought to enlighten the campus with his racial theory of Nthe ice and the sun people." According to this theory, whites are morally deficient creatures due to their low melanin content. His self-satiric speech

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by allowing those grants to be questioned crossed the fine line between clever and Macomb Community College, the same in a student referendum. Furthermore, stupid, and it is hard to believe that his . fee nets players a full 14-game season. enormous entou' This pattern of unstudents need to have more of a say over where their money is sent by MSA and rage was cheap. " der-funding occurs in The BSU also MSA's "Chidden. Train" other sports, includLSA-SG. This may involve some sort of group check-list referendum, a process supported the recent ing softball and footwhich itself might be difficult. But any deputization hearball. Then again, we degree of accountability would be an ing fiasco, in which Ann Arbor Environmental do have ping-pong. improvement over the present system. a hysterical coalition ISSlJ3S $:l>0 4) The U-M could use The U-M presently ranks 30th in of groups including Black Lesbil'M'l Women either a new dormithe BSU bullied the & Gay Men in Struggle $280 I tory, or improvestudent spending. Such spending is one regents into relocat- Free ~out~ Africa , measure by which education authorities ments to the old ones. ing the hearings to a Coordinating Committee judge school quality, anc;l it is falling. As :~~ Most freshmen are sa{ b 'ld ' Th Greens, U-M our tuition bills show, this decline has $200 stuck in dirty, old, iner u~ mg. e Homeless Action Committee occurred through no fault of the majority adequate buildings, cumula~ve effect ~f Minority Youth Striving to of the student body. With one of the and on top of that, the actions of thiS Incorporate Cohesiveness $:l>0 highest tuition rates in the country they pay over $4,000 U diversity" -funded National AIDS Brigade $!:e (among public schools, our tuition is the a year for rent. Many coalition was, ironi- Pro-Choice Coalition $75 $100 classrooms around highest) U-M students surely deserve cally enough, to se- Recycle U-M riously hamper re- Revolutionary Perspective better management of funds. campus could also gental efforts to gar- Group o$212.1 stand renovation. ner stu den t.- i~6dents Working Agains!.. The U-M should $270 ' ti . t' Hung3r change its spending d epu ti za on mpu . SVWOrt Our Soldiers $3)0 Matt WIlk is a junior in political science . poliCies, either by BSU member U~M CROP Hunger Walk $100 and a staff writer for the Review. ' eliminating unreguDavid Marable re-"",*""'" cently went so far as L..-_ _ _ _ _ _ _ _ _ _ _- - - ' lated group grants or "..' to state in a Michigan Daily article that the BSU would prevent deputization "BY ANY MEANS NECESSARY" (his emphasis). Taken in the historical context of the original source of this phrase (Malcolm X), this presumably means that if deputization continues, the BSU may very well have to kill the regents. Unless "diversity'" is equivalent to stupidity, supporting such belligerent babbling is surely not a proper use of students' money. These funds could be better spent by other divisions or organizations in the U-M. The following are just a few of the possibilities: 1) The U-M could give more money to the Ubrary system, which only a few short weeks ago found itself so strapped for cash that it decided a 24-hour study • Authorized UPS shipping outlet library was nearly out of the question. • Delivery in U.S. 2-5 days Obtaining such a basic student service • Insurance up to $25,000 should not have to be as difficult as ex• International service worldwide tracting teeth. But when a university has • Motor freight for heavy items its priorities slanted - as the U-M so • We will store anything you have in our clearly does - money seldom is sent secure climate controlled, fully insured where it is rea11y needed. 2) The U-M could better fund its recrestorage facility ation department. At Indiana Univer• We have the largest supply of new and sity, the main gym has twelve basketba11 used boxes for sale in the area. All sizes, courts. At the CCRB, there are three. That including custom-built containers We're listed In puts us on par with universities like Seton • Bubble wrap, peanuts, etc. Amerlctech PagesPluS® Hall University (with 7,500 students) and • Tapes, wrapping materials Yellow Pages Macomb Community College. • We reCycle packaging materials 3) The intramural sports system could 995-9570 665-2664 also use some money. A $50 fee secures 1952 S. Industrial 1610 Jackson Road basketball players at this university a whopping three games, plus playoffs. At

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March 18,1992

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Vindicating'the!:S'ec()n'dAmendment by Perry Thompson A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bare A.nns, shall not be infringed." The Second Amendment, often regarded as the black sheep of the Bill of Rights, has been aImost completely ignored during the bicentennial celebration of the creation of the first ten amendments to the Constitution. Virtually the only recent mentions of the Second Amendment have been made for the sake of denouncing it as a mere historical curiosity. Gun control advocates claim that the phrase "the people" refers only to the police and national guard. Uke the rest of the Bill of Rights, however, the Second Amendment was written to protect the American people from governmental abuse. Given the relative stability of the American government, however, gun control advocates often daim that it is not necessary for Americans to be able to defend themselves against their relatively harmless government. They say that only the police and national guard must be armed to guarantee security, and that widespread gun ownership is actually detrimental to personal security. But even today, an armed citizenry is an effective means of insuring our security against excessive governmental power. Witness, for example, the ul1willingness Ii the former &>viet Union to allow Lithuanians to privately hold weapons during their first secessionist rumblings. Some gun control advocates nevertheless advocate the banning of all or most private ownership of firearms. But due to the fact that there are now between 100 and 200 million guns in private hands in the United States, and that three-quarters of otherwise lawabiding gun owners questioned in a 1979 survey said that they would violate a federal gun ban, this is perhaps an unrealistically idealistic proposition. Such a disarmament plan seems even more hopeless when one considers that criminals, as opposed to average citizens, are even less likely to surrender their weapons. Any police attempt to confiscate them could simply be met by large scale gun smuggling. Efforts to stop the resulting trade in arms would likely prove as futile as current attempts to keep illegal drugs from entering the counII

achieve the goals of both gun control year. The U.S.Department of Justice reEvenif an effective means of eradigroups and the National Rifle Associaports that about 0.8 percent of households will have a member who uses a tion. cating all privatelY-Qwned firearms in Accordi'fl g to Kleck, most violent America were found, would it actually gun for defense each year. Even if the crime is committed by people with previmere presence of guns does not reduce make us all safer? James Wright, profes~ ous violent histories, and most firearms sor of human relations at Tulane Univercrime, it is dear that citizens use guns for sity and author of Armed and Considered defense more often than for crime. accidents are caused by people with long histories of drug addiction, alcoholism, Dangerous, suggests that it would only Some people, however, question the reckless driving, and other destructive intelligence of using firearms in self-demake criminals safer. In his survey of behavior. A crimiconvicted felons, over half of the responfense. They claim nal records check dents affirmed that "a smart criminal that one is more won't mess with an armed victim," and could prevent likely to kill somethree-quarters agreed that criminals these people from one accidently or in avoid robbing occupied homes because a fit of rage than to . purchasing firearms at a retail they fear being shot. Forty percent said use a gun in selfoutlet. This meathey had decided not to commit a certain defense. Firearms, crime because they thought the victim sure would pose therefore, supposwas armed. little inconve. edly prOVide more Wright suggests that this fear among J of an opportunity nience for average criminals has a significant deterrent efgun buyers. But, for tragedy than for feet on crime. Gary Kleck, a professor!.)J unfortunately, it effective self-dewould have little fense. cri~n?I~..at1'1orida State U~versi!y, wntes ill Pomt Blank: Guns and Violence In effect on the criminal acquisition of fireBut these assertions are .simply unAmerica that this is a justified fear. Actrue. Fatal gun accidents are incredibly arms, because, according to the Wright cording to Wright, "Gun use by private rare. In 1987, about 1,400 deaths were survey, most crIminals get their guns citizens against violent criminals is about classified as fatal gun accidents. Even .._.through private sources. as likely as arrest." this number is .questioned by Kleck, who One possible solution to this dilemma This deterrent effect is suggested by says that many suicides are counted as' could be to hold private suppliers crimithe fact that 60 percent of burglaries in accidents, and thus artificially boost death nally responsible for providing inelligble England, where gun laws are much estimates. Kleck also reports that accirecipents with guns through a private stricter than in the U.S., occur in occudents involving someone being mistaken transaction. Private dealers would need pied homes, while only one in 10 U.S. for a burglar are even more rare, occurto have a records check done to protect burglaries occurs while someone is home. ring only once in eVery 26,000 defensive themselves from prosecution when sellIn 1%6, the Orlando, Florida Police Deincidents. ing a weapon. This would make it more partment took advanThe "crime of passion" is also largely risky to supply weapons to criminals, tage of this probability a myth created by anti-firearms lobbybut it would still allow people the ability by training over 2,500 ing groups, according to Wright, who to defend themselves against petty crimiwomen to use guns in disproved the. myth in an article pubnals in peacetime and. against the state in response to rising rape lished in the August/September 1991 the event a national crisis. rates. The next year, issue of Reason. Wright used FBI statistics Orlando's rape and burto show that only one-quarter of all murPerry Thompson is a sophomore in comglary rates fell, while ders are-committed by family or friends munication and philosophy and supthose for the rest of of the victim. Furthermore, even fewer of ports the entire Bill of Rights. Florida and the US. conthose murders could be considered the tinued to rise. Paid Advertisement results of "fits of rage." Murders resultn 1967, Kansas City, ing from arguments which grow out of Vote Missouri police used a hand usually represent the culmination similar progrcyn to lower robbery rates of a long history of abuse or recurring by training business owners to use guns. conflict. But such instances are fairly Subsequently, robbery rates dropped in rare. Kansas City while continuing to rise in The NCS reports that over 80 percent surrounding areas. of Americans will be victimized by vioConservative Coalition Many gun control advocates deny lent crime at some point during their for LSA Representative the deterrent effect, claiming that it canlives. Obviously such crime is· a major not be proven to exist. While a causal link in MSA et'ections problem, but removing a person's most may be difficult to establish for certain, effeetive means of defending his life and l\larch 30, 31 one need only consider statistics of acproperty from such attacks is clearly not tual firearms used in crime and selfin the interest of personal security. Fnd ,lp"l'lt bv It'll \ hm, defense to see that firearms are beneficial Perhaps a gun control strategy which l~ .· \ !\q'n',,\·nl.1I1n· & to society. restricts access to firearms only among Rl'f'ublil.lI1 <. .lI1d ld.lk, 'ilh \ \ .lrd According to the N a ti onal Crime those most often responsible for violent tllr \nn ·\rb,.r (11\ ' ( "u nlll Survey (NCS), 0.5 percent of American crime and firearms accidents, but which households will have a member who does ~ot iI1t~rf~re wit~ ,a Ift~:-~pi~ins , . Paid l or by Con:;crv:ltivP. Coali t ion experiences a violent crime in a given 335 Mosher Jord:ln ci!if~n~~; ~g~,~ ~9 Ae!f-~ffen.srA ~R~19" i try.

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March 18, 1992

Essay

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The Pitfalls of Race-Based Thinking by Adam DeVore While the University of Michigan administration seems anxious to recruit the heroes of the victim's revolution those who have been oppressed for reasons such as race, gender or sexual disp~ sition - in pursuing affirmative action policies, it succumbs to the same faulty, collectivist, race-based thinking that has traditionally undergirded institutionalized discrimination. A simple explanation of the U-M's motives might be found in the Michigan Mandate, which places the pursuit of diversity in the most privileged position on the administration's agenda. That's administrationspeak for buying into race-based thinking, albeit thinly veiled with politically popular rhetoric. Despite the numerous reformulations of arguments one hears for such programs, they can be classified into a few groups by reference to their basic premises. One kind of argument is ultimately premised on a certain conception of transgenerational social justice: members of groups which have traditionally been slighted now deserve extra encouragement and special efforts to permit them access to institutions from which they have been excluded, such as upper-level jobs, school openings, or influential, senior-faculty teaching positions. The recipients of special treatment are sometimes seen as deserving it as compensation for a .legacy of discrimination which has left them, at the vep' least, indirect victims who are not yet entirely free of the shackles that formerly restrained their group's social mobility. As Dr. Steven Yates, a professor of philosophy at Auburn University, wrote in the December 1990 issue of The Freeman, 'This is sometimes called the shack/ed-nmller argument, in the sense that .. . 'runners' cannot compete effectively t~ day because of 'shackles' picked on them by their heritage." Properly structured programs, says Yates, who "seels] compensation as a means to justice," can actually redress past wrongs as well as their modem after-effects. A different type of argument for affirmative action first conjectures as to what society would have been like had there never been historically significant discrimination, and then posits that sufficiently aggressive programs to recrui t members of oppressed groups can eventually mold society into this egalitarian ideal. Yates calls this approach the "argument from social justice." Special treatment or outreach programs are then justified because they promote just ends~ namely ':~ual access.to ed\ltationcdJa-r »

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cilities and positions of power," in addition to proportional representation in the work force, he explains. These two broad approaches to defending affirmative action encapsulate many of the main arguments for preferential treatment of members of historically slighted groups. The justifications offered by the administration for its pursuit of diversity sometimes venture into questions of justice, but U-M President James Duderstadt emphasizes equally, if not more frequently, a pragmatic argument. He has often remarked, for example, that a diverse University community prepares students to cope with an increasingly interdependent, multicultural world. He apparently believes, in some sense, that he is acting for the good of U-M students and society at large. Other administrators have argued that tl)lrU-M must have role models at the faculty level for students from oppressed gr9lJps to observe and emulate if they are to succeed. Despite the seductiveness of such arguments, there are good reasons for thinking that the means employed by affirmative action policies do not optimally advance the ends they purport to pursue because their theoretical foundations are incomplete or otherwise flawed. Yates puts it well when he observes that special treatment "saddles its alleged beneficiaries with the stigma of having obtained a position not by virtue of abilities ... but because of involuntary group membership." How can such a person serve as a good role model when suspicion as to their qualifications pervades the campus environment? By failing to treat people as individuals, and instead viewing them as merely members of various groups, affirmative action reveals itself as collectivism of the vilest sort. As Yates writes, even supporters of affirmative action concede that "no effort is made to give preference to those who have suffered most from discrimination." Those who have been most oppressed will lose out, within their groups, to other members who have been less oppressed and are thus better qualified and prepared for a given position. Affirmative action, as it is structured - and even in principle cannot measure each individual's level of oppression. If we accept the shackledrunner argument, it would seem to apply to different people in varying degrees. Exceptionally downtrodden folks from a group - the most oppressed - are often not in a position to apply to quality leaming institutions. Those who are in such a " position, however, are not the ones who ,,

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supposedly need affirmative action. Certainly Bill Cosby, Janet Jackson and many other successful minorities do not require such programs for themselves. In other words, those who are penalized by affirmative action are not the empowered, upper-echelon white male oppressors of the past. They are dead . But even if guilt could be passed along genetically, the whites whom affirmative action hurts are those of the middle · and lower class, for they lack the finances and connections that the wealthy have and use to circumvent affirmative action. Skepticism about affirmative action's premises may also stem from the belief that, "reparation can only be made to the groups by prOViding recompense to individull members," according to Yates. Wendy McElroy, editor of Freedom, Feminism, and the State, affirms in the March 1992 issue of The Freeman, that "Firs~ the pet)ple receiving compensation are not the victims. Second, the people paying compensation are not the perpetrators." Resorting to claims of a more general justice is hopeless as well. Theories of social justice confuse the justness of a system with a cumulative tally of justice and injustice spanning many cultures and generations. The fact that someone is born rich or poor, black or white, and so forth, is neither just nor unjust: it is simply a fact. The system, not the conditions, is just or unjust A just society need not be comprehensively egalitarian - equal

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protection under the law suffices. We can similarly rate a system as just or not by judging how well it rewards individual ability, i.e. how well it assures t~at people get what they deserve. Affirmative action was designed to help blacks who suffered a legacy of discrimination; yet today, it encompasses members of many other groups which cannot make such claims. First generation immigrants can apply for many p~ sitions under affirmative action programs even though they might have never acquired the shackles that affirmative action was designed to remove. The beneficiaries tend to be those who find themselves in the right places at the right times, instead of those who deserve help. But desert itself is problematical. If we believe that moral wrongs can only be perpetrated by individuals, then transgenerational justice becomes impossible. One ought not be held responsible for actions one did not undertake. Even worse, by substituting collective entitlements for individual desert (which depveS'fi-";m merit), "egalitarianism can only lead to ... penalizing the more meritorious," writes Yates, a detrimental prescription for society in the long run.

Adam DeVore is a junior in philosophy and Spanish and is the Editor-in-Chief of the Review.

Politically Correct Vocabulary ~ 1) Don't want gays in the military? That's_ 2) Responsible for world's faults. 3) Not Handicapped, _-abled. 4) Not Indians, Americans. 5) Stare at girls • Guilty of

Psychological_. 6) Against Affinnative Action? You're _ ,

~ 2) Feminist PC Champion at U-M 7) We aU need a little _ _ Action. 8) Watch be1?r commercials? You're 9) Don't call us girls! 10) The Dude dreams about this. 11) All of the above.

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March 18, 1992

THE MICHIGAN REVIEW

10

Interview

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Not Business as Usual at the B-School On March 5, Jay D. McNeill of the Review interviewed Ann Walton. Walton has been the director of the Executive Education Center within the School of Business Administration for the past seven years.

REVIEW: A recent survey conducted by Business Week magazine (October 28, 1991) rated the top executive educational programs aaoss the nation and they concluded that the University of Michigan's program was the best overall. That must have made you very proud. WALTON: Yes. It's interesting because that's the very first time they've ever looked at executive education. Business Week also rates the MBA programs around the country, but this was their first review of executive education. John Byrne, who wrote the article, came out and visited us. He had a chance to talk to some of our faculty, to see our facilities, and I think that was very important. Sure, it's nice to be number one, but then, just like anything else, maintaining number one takes a lot of thought and work, too. REVIEW: How long has the Executive Education Center existed? WALTON: The executive education programs started in the mid-50s. The Executive Education Center building is about six years old, 'but we started with our very first program, the executive program, in about 1954, and we currently have about 46 programs. REVIEW: What kind of accommodations are the student-executives provided with at the Executive Education Center? WALTON: We are very fortunate to have our own facility which is the Executive Residence. We also have six classrooms and a dining room which seats about 210 people. We have a lobby area which we use for break outs, coffee breaks, and small group discussions. When we have overflow we have to use local hotels, but by having our own facility we have mum more control of the learning environment. We don't have to compete with enthusiastic sales conventions next door or things of that nature. The executives are under the same roof as the faculty offices, the library, the computing labs, and the cla!i8rooms. So it's a very wellcontrolled learning ~vironment.

REVIEW: Why was the Center founded?

WALTON: I think it was to add more depth and an obviously new dimension to the Business School in working with the executives. It was a very new phenomenon when you think of the newness of management as a science in the early 1950s. At that time, the executive programs were developed for people who did not have an MBA [Masters of Business Administration] and so it functioned as an extension of the MBA program. Of course, today that is no longer the case; it is not geared as a mini-MBA program whatsoever because a number of our students already have th~ ,. MBAs. .,,;;' REVIEW: On'-" average, how much does it cost to enroll in the executive education programs? WALTON: Our four weeklong executive p r og ra m, which again is our flagship program, runs about $14,000 and involves around 55 or 60 executives. Our average fee for a week would be about $3,200, and a three day program averages $1,600. Of course, all of these fees are paid for by the companies. REVIEW: Does the Executive Education Center tum a profit? WALTON: We do not get general 'funds. All the profits we make go into the School. We are expected to make a contribution to the school and how Dean B. Joseph White decides to use that money is up to him. REVIEW: Could you describe the different programs offered? WALTON: There are 46 different kinds of programs and there are over 200 offerings. We average about 5,000 participants per year that go through these programs. Some of the programs might run four times a year, some once a year, others once a month. The majority of our programs are based on business school cu,r-

riculum; in other words, the functional areas such as marketing, finance, and strategy. As far as volume goes, many of our general management programs are equally as popular. Basic Managernent runs once a month, as does Management of Managers, Management II, etc., so those would have some of the largest numbers of people going through them. REVIEW: Can you give me an example of an interesting or unusual program that you offer? WALTON: Interesting or unusual in what way? REVIEW: Something that would interest a reader . of the MichiganReview.

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WALTO~ you mean something extremely conservative? REVIEW: Well, not really. WALTON: It's difficult to think of an unusual program. The idea of our programs are not so much that they're supposed to be unusual. The idea is what impact you have on managers and what impact managers will have on their companies in order to improve productivity and quality. I don't consider that unusual, I just consider that a very solid goal to have. REVIEW: Perhaps the Global Leadership Program would be considered an interesting program. Could you discuss that? WALTON: The Global Leadership Program is a five week-long program that's a unique concept developed by Noel Tichy, a professor of organizational behavior. Noel took a sabbatical and was at General Electric and a lot of this came from his work there. What is unique about the program is that there are approximately 30 companies involved and it's a closed program; in other words, the companies are chosen for their fit with each . other, their .industry type, and they're

also chosen because of location. We have basically 10 companies from Japan, 10 from the United States, and 10 from Europe, and the idea is to bring managers together and explore the markets of countries around the world. The thirty people are broken up into a variety of teams, they work as a team, and they go into their company assignment. That's one of the most exciting parts of the program because they're basically trying to look at Third World, non-traditional markets. They go in, they do a lot of interviewing of government officials, they work with businesses, and try to get a sense of what the climate is and how perceptive product development might be in that area. During the last week of the program, they're here on campus and they do preparation for their presentation to relate what they have discovered. It's considered one of the most innovative programs in the country. I think Noel had a very good idea, not only in the concept, but of how learning takes place. ~~r_

REVIEW: Turning the focus towards business education as a whole, Forbes magazine recently ran an article describing how an MBA degree has lost a great deal of its value and claiming that business schools have lost their purpose. What do you think? WALTON: Well, for one thing I disagree because I do not buy into the theory that MBAs don't have value. If you think of the number of companies which recruit at Michigan - and I believe there are over 300 - the fact that companies come back time and time again to hire our MBA students says to me that we have a good product. It's just like our programs in executive education. If a person comes and has a very good experience, that company is going to continue to send people to our programs. I think that one of the things now happening is that a number of business schools are changing their curriculum - Michigan is one of them - to coincide with as much of the business practices going on as possible. From leadership to communication skills, we strive to tum out graduates that really can be good managers. Not just good analysts or good marketers, but good managers. Any good business school always changes its curriculum as it goes through time; it must, in order to be viable. REVIEW: To take this point a bit further, some companies have decided to hire BBA [Bachelors of B\1sin~ss Ad-:


March 18, 1992

ministration] graduates, and train them within the company instead of relying on the graduate education found in the business schools. Do you think custom-designed courses in executive education are a result of this? WALTON: I think executive education is extremely customeH:Iriven. A very good example of a custom-design program would be our Ford program. It's a very good example of how you build a longterm relationship with a corporation. We have faculty working with Ford people and together they have designed and developed a very good program that's obviously affecting the managers of the future at Ford. At the same time it's providing very good research opportunities for our faculty. It's very tailored to what Ford wants. The faculty have to become

THE MICHIGAN REVIEW extremely involved in the company. They ' sylvania) are up to 60 percent We are not _, that high in number, and we probably have to interview a lot of people, thi!y have to look at systems, they have to ,. ~" . will not be because we have many more understand the culture in order for the instructional offerings in the public area material that they develop to be extremely than those schools do. relevant. It's very labor intensive and the REVIEW: Concerning the Japanese, it company expects it. On the other hand, we also have has been suggested by some that Ameriprograms that we do for companies that can blue-<:Ollar workers are not to blame, aren't as custom-designed as the Ford but rather American management In program. We might do a marketing proother words, in certain industries a Japagram and adjust it somewhat, but it's not n~anaged company wo~d be able completely company-specific while still ' to tum a profit with American labor, being very applicable. whereas an American-managed company would not Have you gone to any REVIEW: How many customized prolengths to learn Japahese management grams do you currently offer? techniques? WALTON: About 17 percent of our product or activity is in that area Some schools like Wharton [at the University of Penn-

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because obviously they are extremely crucial marketers in the world economy. They are extremely productive, they are extremely diligent, and they are extremely customer-driven. If there are lessons to be learned, I think one of the major things is how firms should direct themselves more and more to what the customer wants. I wouldn't want to go any further than that and say that we have to be exactly like the Japanese. 1 don'~ think thars the point. I think lessons to be learned are that American products should be weU-priced, of high quality, and directed towards what the customer wants. Personally, I think having the competition is very healthy for us.

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WALTON: Whether you're in the MBA program or Executive Education, there's always a lot of reference to the Japanese

Williams is 'Golden' ,in Last Lecture 41'

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by Stacey L. Walker with a standing ovation/fo which he English Professor Ralph G. Williams responded, "Thanks, 1 love you, too!" was honored lru.i Monday night with the Williams began his speech by thankGolden Apple Award for his outstanding the .SHOUT members who put up ing teaching at the University of Mjchinumerous posters featuring his photo (hands included) around campus. "Gosh, gan. The award, presented by the group I wish my mum had seen them!" he Students Honoring Outstanding Underquipped. He then launched into his last lecture, which he entitled, liThe Romance graduate Teaching (SHOUT), is given annually to the most popular professor based on student polls. Monday's celebration was the second annual award ceremony. Last year's recipient was Drew Westen of the Psychology' Department. For those students who opted to forego the Paul Tsongas rally or the Jerry Brown concert, Williams provided a rare . treat. The winner of the Golden Apple is entitled to give his or her "last lecture," as though the professor were not going to teach again. As Golden Apple sponsor and Professor Michael Brooks explained, "It's a chance to forget trying to cover the class material, and tell the students what it all really means." English Professor George Bornstein, in an appreciative speech on Williams, commented on Williams' vast knowledge and his "ability to resolve conflicts of the University." you had not yet even considered." BorThroughout the speech, Williams rowing from Samuel Taylor Coleridge, stressed the interaction of knowledge and he said, "Everywhere I go in my mind 1 action, noting that, "1 may not have all the facts, but I must act." He urged memmeet Ralph on his way back." bers of the audience to "know yourself," Shira Goodman of the SHOUT board presented Williams with the Golden and in reference to Oedipus, to rememApple Award. She touched upon his inber what injustice is, to keep it as a constantly renewing source of humanity credible enthusiasm in the classroom. "It affects everyone," she said. "He brings because in the end, "there is the return to romance, to a constant joy of which the each student to life and invites them to enter the text with him." As- Williams fulcrum is human acceptance." He quoted rose to receive his award, he was greeted Harnletas another example of the desire I

for perfect knowledge that "still haunts the modem world." In the second part of his speech, Williams remarked on his love of texts and words. "Enter into those texts as a world of thought. Don't chide them for not being us. Don't condemn them for being wrong, they are still beautiful despite the wrongs," he urged. Williams encouraged

. stop one from saying, 'Stop Violence!' We are capable of the most profound ind~s:eAdtfs against each other. And it is the men inside that we need to question." Finally, Williams discussed the University and its "romance." In many ways this was the best part of his speech. ''This is a wonderful place," he said, "and despite its flaws, it has allowed multiple you's to spend time with me to discuss us. We have found each other, and that is joy. That's our song, and it's magical." "One day I will lose that magic," he continued, ''because one day I will leave this place. With it will come some freedom, but encompassing a great loss. When I die, I should like one phrase to encapsulate me. It is from Dante, 'Intellectuallight, full of love.' I would like to achieve something within that form." Williams ended his speech with a quote from Shakespeare's The Tempest, the last sentence of which epitomized his commitment to students; "let your indulgence set me free." Your indulgence in us has truly set us free, Professor Williams, and for it we are grateful indeed.

Stacey L Walker is a junior in commuthe audience to love the two-fold beauty nications and a contributing editor for of things, the surface beauty and the the Reuiew. meaning of it, or as he put it, the thrust of the mind. Toward the middle of his speech, Forr•• Watch Williams spoke candidly about ''his century" and how, in many ways, he is not proud of many of its events (WWJ, Depression, Holocaust, WWII, Vietnam, Iraq, etc.). "It has been said that language has no stable meaning," Williams comAnd~•. mented. "But I urge you, complications about subtleties of meaning should not \


March 18, 1992

THE MICHIGAN REVIEW.

12

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A Journey Through the Isle Of Grey by Cherles Rouaeeaux Many leagues across the ocean lies a perfect land. It is a secluded isle untroubled by war, pestilence, or insensitivity. The inhabitants of this land live at peace with each other and nature. They have eliminated all forms of callousness and inequality, as well as every conceivable phobia. A happy chance drove me there when I was on a sea voyage to distant lands. A great hurricane drove my ship off course and into a rugged coral reef. The crew and ship perished, leaving me with only a small lifeboat. Fortunately, I was able to land safely on the island. I fell senseless on the beach. When I awoke, I found myself on a vast, empty plain, with only a grey dirt covering it all. There was no grass or trees, hills or valleys. Everything was the same uniform shade of grey. I looked up, but the sky was covered with a sheet of grey clouds that seemed to flow from horizon to horizon. No sign of human habitation could be seen. After I had walked for a few hours, I heard a loud, dry call- as though someone was yelling in a monotone. I turned and saw a figure in a formless grey robe, with what looked like grey paint covering its face. It moved slowly, and as it got closer I could see that it had no arms. In the same monotone voice, it greeted me. "Hello, visitor. Welcome to our land." "Hello, n I said. "What land is this?" ''This is the Isle of Perfection," it answered. "~ere we are completely politically correct. Would you like to see more of the island?" "Yes," I gasped. "I have come from an imperfect world of sorrow and prejudice, and have been seeking knowledge as to how I may become more sensitive. Please show me how your island has achieved this remarkable feat." As we walked, I asked it to point out some of its civilization's remarkable achievements. "You see that we have no buildings?" it asked me. 'This was done so that there would be no discrimination against the homeless - a being can lay wherever it chooses to and call it home. Our ultraegalitarian approach to architecture eliminates all possible discrimination against the differently-abled by the building of ablist architecture such as stairs." I nodded, amazed at such perfection. We continued walking and I begged it to continue, for it had paused, seemingly exhausted by the effort. "When a being was allowed to be bom," it continued, "while we were still on the path to perfection, it had surgery

done to it. Its sex organs were removed, so that there would be no discrimination , between the sexes, and no homophobia - all would be equal and alike. It had its anns cut off so there would be no handism (discrimination of left or right handed people), and it was dipped in a grey die so that there would be no distinctions because of colors or birthmarks - even the eye color is dyed. "Finally," it continued, "the being was shaved, so that there would be no prejudice against those with hair. We also dipped that being in a special~tlt that altered' that person's metab<)lism so that" it smelled the same as everyone else for as long as it was temporarily living. "Of course, now we have solved all those problems by not allowing the birth of any other beings," it said. "So what would happen when that being approached the age to go to school?" I asked. "We don't have any schools," it answered. ''They discriminate against the temporarily less-aged; therefore it is adultist to teach. At most, a temporarily . aged would discuss how to be sensitive with the temporarily less-aged, but most adapted naturally." I asked why there were no hills, valleys, vegetation, or color on the island. It interrupted in the same monotone, "Do not use that word' color'. It implies distinctions. We do not have any colors here for the same reason we do no have any hills or valleys or vegetation. These all make insensitive distinctions between things. The valleys were filled with the hills so that no being could look up to or down on any other being or place there is no topographical discrimination here. Colors were eliminated because one could see distinctions between colors and be prejudiced against one or the other green or blue, for instance. There is no colorism here. Vegetation was allowed to die off because it had color. We have even succeeded in making the sky permanently colorless because it too was discriminatorily blue." It stopped, breathing heavily. "Excuse me," it said. "I am just temporarily bacteriologically adapting." ''You're sick?" I queried.

those temporarily differently-abled to perceive the passage of air waves through their auditory organs." "You mean the deaf?" I asked. "Exactly spoken for a member of such an insensitive," it said. "Hearism is discrimination against them." "What about literature?" I asked. ''The same thing," it said. "Literature is totally and absolutely discrimina- ' tory. No one has been taught to read here because to call some words better than others (signifierism) or some books better than others, (saying that Huckleberry Finn is better literature than a Spiderman comic book, or textism) is another form of insensitivity. One can find examples of all forms of insensitivity in any book; so our perfect society burned all of ours. We began with the newest books first and worked chronologically backward until even ancient texts were sacrificed to our vanity-fighting bonfire. I remember the last sentence of the last book we burned - '(quote here)' and I remember how we things are speciesist because they allow the interests of their own species to ,<?:'lel"" '~"" rose our voices in exaltation at the 451 ride the rights of other species." degree turn our society had taken." ''But you wear a robe," I commented. "Yet you can still speak?" I asked. "Yes," it answered. ''That is an ac"I was forced to learn after everyone else became temporarilyunliving," it cepted break of the speciesist code, both because the fibers are synthetically made said. "Our society, when it achieved perand because it eliminates lookism and fection, did not allow speech in any form, sizeism. Lookism and sizeism are very because it was wordist to order words significant forms of prejudice. The robes into sentences, or even utter one word are made so that everyone looks the same instead of another. But I knew that only I in them - we are all just anomalous grey could tell others about the wonders and blobs. It also eliminates sizeism, because the perfection that our society had one cannot see what the size of someone achieved. So I learned to speak." is through the robe. Any distinctions that It stopped walking and looked across may be left over are therefore eliminated." the desolate, soundless grey plain. "Please tell me more about your perEvening was approaching, although I fect culture - for instance your art, muam sure it looked at the horizon thinking sic, or literature." that a temporarily less easy to visualize "We have none of that," it said. period (so as not to be darkist, lightist, or ''Those things that you call signs of an nightist) may have been coming. It paused advanced culture are actually just insenand looked back at me. It coughed once, sitivity in disguise. Art? Art is discrimiand said weakly, in the same monotone, natory!" it cried in the same monotone. "We have achieved perfection!" Then it After waiting a pause, I asked it to fell to the earth and said no more. tell me why these things were not politiI left the Isle of Perfection in my cally correct. lifeboat, convinced that I could help carry "Art is discriminatory because one the island's perfection further if I conpaints one thing and not another, or vinced others to do the same. I was picked makes one object greater or lower, pretup by a steamer returning to my land, tier or uglier than another object. Racism, and have remembered that dream soosizeism, speciesism, and hairism, just to ety. Now I am convinced that I must name a few, are all found in what you call spread the message about this perfection art. Music is also insensitive for the same that the island had achieved, so that all reason - it calls some noises bettercan hear the good news and endeavor to sounding than others, when they all have make their societies like it. the same value. To say that Beethoven's Fifth Symphony sounds better than a Charles Rousseaux is a junior inLSA jackhammer is pure sound ism. Music is and a staff writer for the Review. also insensitive because it goes against

It reacted angrily again, its grey eyes lighting up with rage. '1 am not 'sick,' as you insensitively call it. I am temporarily biologically adapting to a pseudo-permanent organism! To call it anything else is speciesest discrimination against an organism that has as much right to exist as I do. That is why we have abolished food, water, and medicine. All of these

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March l8, 1992

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Keeping Jyrann·· by Michael David Warren, Jr. America is the greatest nation this world has ever known, not because of its economic or military strength, but because of its political institutions. We often forget, however, that our liberties are the result of spilled blood and enormous sacrifice, and that we are always precipitously balanced on the edge of tyranny. The U.S. was the first nation to be founded on the tenet that all men are created equal, that they are endowed ... with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness - That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed." To ensure that this government of the People, by the People, and for the People did not lapse into a tyranny of the majority, the Founders created a strong constitutional system which incorporated the principles of separation of powers, checks and balances, judicial review, federalism, equality, and individual liberty . Yet powerful currents are challenging these basic tenets, which, if allowed to succeed, will bury our charter. Paternalism - not communism, fascism, or some other strand of dictatorship - is now the greatest threat to the constitutional order created in 1789. A casual survey of the political landscape of the last 60 years quickly exposes the unremitting growth of the paternalist policies which are slowly stranguqg our individual liberty. Federalism, coupled with the principle of a Constitution of enumerated powers, formed the core of limits designed to confine the federal government. That system limited the central government's powers to caring for a few essential collective needs such as national defense, maritime law, taxing and spending powers, regulation of interstate commerce, copyright and patent regulation, issuance of a uniform currency, etc., while reserving all other regulatory power for the states. The system was constitutionalized by the 9th and 10th Amendments, which relegated all powers not expressly delegated to the federal government to the states or the People. The combination of enumerated powers and federalism was a vital guarantor of liberty in the nation. Federalism is commonlly bru~hed off by academi<;s as..merely providinga.means.of experi-1/

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mentation for the nation - i.e. individual solute power. A series of disingenuous states became "laboratories" for differCourt deci~ions follOWing Franklin D. ent social and political innovations such Roosevelt's attempt to stack the Court, as social welfare or minimum wage laws. accompanied by Congress' desire to imYet federalism is necessary to preserve pose its will on the nation, have destroyed freedom and efficacious government. constitutional limitations on federal auCentral control denies local communithority. ties the necessary flexibility to deal with But those actions, of course, were not complex issues in a manner consistent taken perniciously; both the Court and with the preservation of liberty. Congress had only the best of intentions In theory, Alaska might decriminalwhen they slew federalism and ruptured ize narcotics to combat drug crimes and the limits of enumerateq powers to enact violence, New York might carry out the New Deal. Congress, draconian measures to save its youth, FOR, and the Court believed and Michigan may legalize some drugs that federalism had become for medical purposes only. The federal an impediment to desirable government in Washington, however, social policies. Federalism, has created inflexible drug laws, and has then, died for the" good" of its own police agency to enforce them. the c()untry. Other issues which are now heavily Alth~ugh temporarily regulated directly or indirectly by Washpushed back by the Reagan ington, but are better le~10 the states, Revolutionr the march of include welfare, health'care, the drinkcentralization has hastened ing age, seatbelt laws, health standards, under President Bush - of minimum and maximum 'wages, safety course, for the "good" of the country. regulations, environmental standards, Meanwhile, our politicians remain oblivious to the massive decentralization of and more recently, education and criminallaw. America is filled with thousands power in Eastern Europe and the C.I.5. The lesson of Communism is ignored. of different communities with different Paternalism also challenged judicial lifestyles and values; yet farmers in Idaho, review. Ludicrous decisions based on fishermen in Massachusetts, and indusnothing more than the personal morality trialists in Michigan are forced to abide of judges have repeatedly eroded selfby the same federal standards of law. government. As enacted in the ConstituFederalism checked tyranny from tion. judicial review allows courts to proWashington. With the fragmentation of tect fundamental freed oms from the powers between states and the national whims of legislatures. Often judicial regovernment, each possessively guardview fulfills that function. For example, ing its power, totalitarian the case of Doe v. University of Michigan dictatorship was imp os(1989) determined that a speech cOde sible. This was histOrically which severely limited students' speech a major focus of governwas unconstitutional. Many decisions mental relations in the dealing with the rights of the accused, United States. Early in the racial discrimination, and First Amendcountry's history, major ment rights have defended the rights of political campaigns and citizens against popular sentiment. battles were fought over the In contrast, some decisions are indeBank of the United States, fensible affronts to democracy. For inbecause critics attacked the stance, Roe v. Wade has no defensible Banks as violating the limba~is in the history, text, precedent, or its imposed by enumerated powers and original intent of the Constitution. Such federalism. Andrew Jackson even won issues as abortion are left unanswered by an election by fighting the Second Bank our national charter and should be left to of the United States and, in the end, he the states, as mandated by the 9th and put a stop to its existence. Indeed, the 10th Amendment, or dealt with by Constates were usually on the offensive, restitutional amendment. Yet the Court's fusing to relinquish power to the central belief in what is best for the country has government. Even after the Civil War, obliterated such recourse. states dominated the government. Although most of its decisions are Today;federalism is dead. Believing sensible, the current Rehnquist Court is that only the power brokers in Washingnot immune from the excesses of paterton know what is best for the nation as a nalism. The Court's recent Smith deciwhole, as well as for each state, Congress sion is as indefensible as Roe, since it also and the Supreme Court have colluded to gr,ant tpeJ~~r~gqv,er~~n~,ne~~x flP:'i disregards tlJ~ Ns~Ory'i ~~ft,pr~edent,

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and intent of the document. Unlike Roe, which manufactured a right, Smith curtails the explicitly protected right of free exercise of religion. The decision, holding that NafiveAffierica:ns may beb'artetl from the religious use of the hallucinogenic drug peyote, states that no exceptions from laws which make certain religious acts illegal may exist. Hence, a historically well-rooted right which defended religions from the government's tyrrany is now meaningless. In Roe and Smith, as in hundreds of other cases, the People's governing document has been discarded for the personal preferences of the Court. Major alterations of the law should be undertaken by the People - via amendment. Judicial activism cuts both ways, but it always undermines the no. tion that ~~ ar~ a ~?vern~ . ment of laws, rather than people. . ,. Paternalism's grasp continues to ti!i~nd3"Olitical rights are now strongly under attack - speech and academic rights in particular are being challenged by those who believe they know what is best for the marketplace of ideas. Speech codes have sprung up on campuses across the nation - at Stanford, Brown, Berkeley, Cornell, Ohio State, and others which bar "offensive" speech directed at a litany of groups who supposedly need protection from the rigors of the marketplace of ideas. Such codes are both unconstitutional and unwise. Luckily, the Courts have sided with individual freedom on this front, and struck down many attempts to regulate speech. The tide has also turned against "political correctness" and its stifling influence, demonstrating that citizen action can defeat paternalism. Other isolated victories over paternalism exist, including Michigan Governor John Engler's fiscal poliCies and Reagan'S "New Federalism." The price of liberty is eternal Vigilance, and the battle to maintain the foundations of liberty, must be fought every day. Thomas Paine put it best when he wrote: "These are the times that try men's souls: Tyranny, like Hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph." -------------Michael David Warren, Jr. is a thirdyear law student and Vice President of the Federalist Society. 7J

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. THE MICHIGAN REVIEW

14

March 18, 1992

Exclusive Aid \:: ~

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Although the DOE's Office of Civil a race--exclusive scholarship. The numAccording to Sowell, universities Crmtinued From Page 1 race, color, or national origin, and the Rights (OCR) tacitly allowed UMCP's bers are arguably small, but the imporwhich are more concerned with quotas courts have taken the legislation on its discriminatory scholarships in the P.ast, tant concern for many is not the amount, than the welfare of minorities accept in December 1990, OCR head Michael but the principle of race discrimination. unqualified students, and draw them word. Universities, nearly all of which receive federal funds, are going to be Williams issued an order barring federaway from smaller colleges where they frustrated by judicial adherence to the ally-funded colleges and universities Quotas and Victims could do well. These universities then letter of the law as they expand their from giving rac~xdusive scholarships. A pOSSible solution for universities watch minorities drop out in large numWilliams, who is black, received a that want tohelp underprivileged mibers, discouraged and with no degree. efforts to favor students, mainly blacks, great deal of criticism for his order. Ted norities while avoiding the pitfalls of Certainly providing support to minorion the basis of their skin color. According to Norman Chachkin of Weiss, a white congressman from New trying to prove present discrimination ties in universities and working to allevithe NAACP Legal Defense and EducaYork, speculated that one of Williams' might entail transforming their minority ate the problems in schools and neighmerit-based scholarships into needborhoods are possible solutions, but the tion Fund, which filed a brief on behalf of white aides wrote the order instead of UMCP in Podbertsky, the ruling creates Williams himself. Wilbased scholarships. The former does not appear to be working, an "unworkable standard, because what Iiams denied the allegaassumption behind such and the latter does nothing for students it does for an institution is say that they tim and commented "that an alternative is that rawho are already through the system and have to be ready to drop everything and the white boy runs the ofcial discrimination prepared to enter college. run into court" every time someone chalfice and the brother lets against a student or his Another problem, at least for many lenges a rac~xclusive scholarship. him is offensive to me and family would be reflected liberals, is thatthis solution would in Furthermore, says Chachkin, the dein income and his pareffect concede the argument that asserracist at best." Office of cision does not rely on precedent. For Civil Rights ExecutiveAsents' resources, and contion of harm from discrimination is not sistant Deborah Burstion-example, the decision relies on University sequently in his economic enough, and that the existence of prior of California Regents v. Bakke, which ruled Wade is still fuming.over need. Economic discrimidiscrimination must also be proven. This that past discrimination must be demonWeiss' remark. She notes nation thus becomes restrips viciim-status from .many privistrated if preferential treatment is to be that Weiss, a liberal Demo- . mediable without resortleged minorities who are disproportionCharles Moody ing to racial discriminaately the beneficiaries of government accrat, and other white lib- . given to minorities in the admissions process. According to Chachkin, because erals who attack black conservativeSa5 tion. Indeed, Samuel Podberesky argues tion on behalf of their respective groups. the Bakke decision concerns admissions race--traito~,:at1aLJncle Toms, "show that that need-based scholarships designed For example, when a uriiversity ofand not scholarships, and because it al- . racism knows no political leanings." . . to remedy discrimination are perfectly fers a scholarship based on academic lows some consideration of race in the Ironically, if was not a coalition of defensible. merit and only allows blacks to apply, it admissions process, "the rationale of powerful liberals who stifled Williams, An obvious problem with this soluoften does not help the black student but President Bush's own Secretary of tion is that when minorities and whites ~, . ..from rural Georgia whose family has Bakke is not applicable." Education, Lamar Alexander. Alexander with similar financial need must ooI'fidearly suffered from discrimination, alAnother important case cited in order pete for limited funds, scholastic records though that is the scenario many imagcompletely rescinded William's Pcdberesky is City ofRkhmond v. I.A Cra;cm two days after taking office. Neverthemust be compared in some fashion in ine. Instead, it often helps the upper Co., which ruled that the city of Richless, it does not look like the issue is going order to decide how to allocate the limmiddle class black student from New mond, Virginia, could not set aside thirty to die. If Samp's DOE lawsuit is successited funds. Insofar as many minorities York who attended a private prep school percent of city subcontracting work for fuI, universities nationwide will either have weaker educational backgrounds and has professionals for parents. It minority-owned firms without showing have to revamp their scholarship produe to poor schools, poorly educated should come as no surprise that, whether any evidence of discrimination in the grams, or show proof that minorities still parents, and crime-stricken communithrough heightened group consciousness Richmond construction industry. Again, suffer from discrimination. ties, they may be disproportionately or shrewd self-interest, the latter student Chachkin argues that this case is not passed over in favor of whites with is the one most likely to vociferously applicable because it concerns construcequally low incomes but better schools protest the attempt to make need a pretion and not university scholarships. Race Ilxclusive Scholarhips at the U-M , and safer neighborhoods. requisite for aid designed to counter the According to a press release from The implicit assumption that undereffects of racial discrimination. U-M Provost and Vice-President for AcaThe Fight Spreads lies both this argument and the general By requiring evidence of a wrong demic Affairs, Gilbert R. Whitaker, Jr., no Sarnp rejects Chachkin's reasoning. argument that academic standards at before allowing'remedies, Podberesky may "The Supreme Court has never ruled in scholarship of financial aid programs at universities should be lowered for mibe significant, not just due to its legal any case that racial classifications are U-M would be affected by changes at norities to counter the effects of poor anything but susped,"he said. Sarnp is DOE. This is because race-exclusive ramifications, but due to its support for now suing the Department of Education schooling, however, is that once in the the principle of verification of claims in scholarships are still legal if they go to university, these students will do just debate. When dealing with issues like (OOE) for allowing colleges to continue disadvantaged students or are designed fine. As economist and race policy anato offer rac~xcJusive scholarships for race, gender, and other controversial topto contribute to the diversity of the stuat least the next four years. Samp is suing Iyst Thomas Sowell argues, though, this ics, it is important not to give in to the dent body. But a pursuit of diversity, on behalf of seven white college students is an erroneous aSsumption. Accepting temptation to establish facts by assertion argues Samp, must not be targetted solely who claim that the DOE's inaction forces the fact that minorities are disproporand shaky inference rather than evidence. at expanding black enrollment, but other them to suffer racial discrimination. He tionately disadvantaged in their scholasThis temptation seems to be accompatypes of students as wen. Furthermore, argues that it is inconsistent for the DOE any diversity program designed to bentic education necessarily means acceptnied by the urge to silence those for whom to find that rac~xdusive scholarships efit blacks to the exclusion of whites will ing the corollary that minorities are disassertion is not enough to establish truth, violate Title VI of the Civil Rights Act of still come under strict scrutiny from the as evidenced by speech codes at the U-M proportionately ill-prepared for those 1964, yet refuse to take action against courts. universities that lowered academic stanand other universities. If we accept the universities that offer them. dards in order to accept them. possibility that contemporary legal reaCharles Moody, U-M Vice-Provost The DOE, however, daims that a for Minority Affairs, believes the excite- . We cannot decry the clear effects of soning in some fashion reflects the intelfour-year moratorium is only fair to let discrimination against minorities and ment over rac~xclusive scholarships is lectual climate of a society, Podberesky· the current class of freshmen get through misguided. "When you look at all of the subsequently ignore these effeqs when it may indicate the beginning of a welcome school without suffering from a change financial aid that goes to students of color, return to rationality. comes to the university admissions proin the rules. Samp seems to think otherit is a very small percentage of the total," cess. The result is a hIgh college drop-out wise. '1 think this four year rule is indicahe argues. Furthermore, a survey by the rate for minorities as many are accepted Tony Woodlief is a graduate student in tive of the attitude on the part of 'the American Council on Education found into universities for which they have been political science and a staff writer for administration that this is a troubleSome that 96 percent of the 1.3 million minority the Rwiew. inadequately prepared and are told, in issue and let'8 not ad<ireM it".. :, : ~ ~ ;,; students in four-year colleges do nOt have effect, to sink or swim. ' '. . ----------------

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THE MICHIGAN REVIEW.

March 18, 1992

15

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Sports

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Predicting Possible Playoff Participants by David Berriman Barring a player strike, the Stanley Cup playoffs are just around the comer and one team will soon emerge as champion of the National Hockey League. The playoff parade begins April 8. Of the 22 teams in the league, 16 will participate in the quest for the Cup. As usual, there will be plenty of teams who do not belong in the playoffs. This was the case last year, with the lowly Minnesota North Stars advancing to the Stanley Cup final, there undoubtedly will be a few surprises during this playoff season. Perhaps the Hartford Whalers or the New York Islanders will catch fire and go all the way. Although it is unlikely, it could happen. There have already been a few surprises this season in the NHL. The Detroit Red Wings, for one, have surprised some people by rebounding from a sub .500 campaign a year ago and posting one of the league's best records this season. The same can be said for the Vancouver Canucks, who, in addition to posting only their third winning season in their 22 year history, are in the race for their first-ever Smythe division championship. On the other hand, the Calgary Flames and the Edmonton Oilers, perennial contenders, have fizzled out and are in danger of missing the playoffs. The Pittsburgh Penguins, last year's champions, are rr\arooned in fourth place in the Patrick division, and are also struggling to hold on to a playoff birth. The days of the dynasty in the NHL are seemingly long gone. The players who were the heart and soul of the last dynasty, the Edmonton Oilers of the mid80s, have emerged elsewhere and are in position to lead their teams to the "promised land" this season. After being traded to New York from Edmonton in the off-season, center Mark Messier is leading the rejuvenated New York Rangers to their best regular season record in years. Wayne Gretzky, Jari Kurri, and Paul Coffey, all former Oilers, have been reunited in Los Angeles and will try to bring the Kings their first Stanley Cup title. Gretzky, has turned his game up a notch since the arrival of Coffey in Los Angeles. After rumors that he might retire after this season because of lagging statistics and a recurring back injury, the "Great One" has been on fire and appears determined to add at least one more Stanley Cup ring to his S:Ql!ection.. , - -']:he..follow!ng.is a..brie拢 "synopsis-.of-

the teams that have a chance to win the Stanley Cup this year.

The Contenders Montreal Canadiens Patrick Roy is a puck-stopping machine. With Roy in the net, in addition to the tight defensive scheme coach Pat Bums has devised, the Canadiens are a threat to win the Cup every year. A glaring lack of scoring punch, however, could prove to be their downfall, especially if they meet the high-pow,: ered New York Rangers or Pittsburgh Penguins in the Wales Conference FiI\a1. New York Rangers Tale~j"depth, and leadership are three attributes that Stanley CUp'cham,pions invariably possess, and the Rangers have th";m all. Perhaps the most important factor for the Rangers is the leadership that Messier has provided for this perennial underachiever. Messier, owner of five Stanley Cup rings, has sparked the team to such an extent that he is being touted as the "Messiah" in New York. The Rangers also showcase the best 1-2 tandem of goaltenders in the league w'ith Detroit native John Vanbiesbrouck and Mike Richter sharing the riet-minding duties. With their combination of speed, strength, and skill, the Rangers are a threat to end their 52-year drought without a Stanley Cup.championship.

Detroit Red Wings The Red Wings are similar to the New York Rangers in that they are extremely talented and deep. Their scoring balance is unmatched in the league, and with the caliber of centers Steve Yzerman, Sergei Fedorov, and Jimmy Carson, the Wings will be very difficult to shut down in a seven game playoff series Whereas the Rangers split goaltending duties between two goalies, the Red Wings rely on Tim Cheveldae to play in almost every game. During playoff time, this could be the difference as Cheveldae may tire from the rugged every-other-day pace of the playoffs. If Cheveldae stays strong, or if injured backup goalie Vince Riendeau can return healthy in time for the playoffs, the Red Wings could seriously challenge for the Cup. 19~ ~pgeles Kings .,'" ' ..,. A Gretzky-Ie<\~~ ..caf\ 'Q~Y~r. 9~ ,

counted out, and with the recent addition of offensive-minded defenseman Coffey, the Kings look to be the darkhorse candidate for the title. The Kings, however, have the opposite dilemma of the Canadiens. Los Angeles is all offense and no defense, and unless they acquire a top-notch defensive" defenseman or two, they will have a hard time getting out of the Smythe division. II

Vancouver Canucks Vancouver has two things going for it: an outstanding goalie and a tough defense. Goalie Kirk McLean is haVing an exceptional season, and if the Canucks can manage to ride the wave of his hot hand throughout the playoffs, they could cause some serious damage. Their suffocating defense has also proved to be a huge asset, limiting opponents to about three goals per game in the regular season. (I'he Canucks are looking for their first Stanley Cup championship.) -,,-,Chicago Blackhawks The Blackhawks have been completely revamped since their 106 point season of a year ago. After their disappointing first round exit in last season's playoffs, coach and general manager Mike Keenan sought to toughen up his lineup by acquiring checkers and grinders. In the process, however, he forfeited offensive depth and team chemistry, and the Hawks have yet to recover. The Blackhawks possess one of the top goalies in the league in Ed BeHour, and talented center Jeremy Roenick is having his best season as a pro; the Blackhawks cannot be disregarded.

Rarely do professional sports teams repeat as champions these days, and the NHL has no exceptions. The Penguins, after struggling through a less than spectacular regular season, will be trying to do just that. The loss of Coffey to the Kings and forward Mark Recchi to the Flyers makes their task that much more difficult. Pittsburgh has shown some spark recently, and with players such as Mario Lemieux, Kevin Stevens, and Joe Mullen, the Penguins are always dangerous. Washington Capitals As usual, the Capitals are enjoying another superb regular season. What happens to them once they get into the playoffs, however, is another story. After beginning the season with a 17-5 record, the Capitals have cooled off and ,~ill probably make their customary first or second round playoff exit. Their offense will have to produce in bunches if the Capitals are to survive the second round. Though not all playoff teams have been mentioned, the teams above are the ones that have a legitimate chance of winning the Stanley Cup. Look for the Red Wings and Kings in the Campbell Conference final, while the Rangers and Canadiens battle it out in the Wales. Playing for all the marbles in the Stanley Cup finals will be the Red Wings against the Rangers with Detroit winning it all.

David Berriman is a senior in psychology and a staff writer for the Review. He is institutionally biased towards the Red Wings, a team of color.

The Pretenders New Jersey Devils Defenseman Scott Stevens has given the Devils something that they have never had: a shot at the Stanley Cup. They also have excellent goaltending in Craig Billington and Chris Terreri. Like the Canadiens, however, the Devils lack a dominating scorer who can win games single-handedly. Teams have won in the past without a pure goal scorer, however, and if the Devils stay healthy, they may surprise some peOple. If not, their lack of depth surely will get the best of them.

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THE MICHIGAN REVIEW

16

U-M Snuffs Out NORML

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Continued From Page 1 first-served basis. rally, Brook recalled. True to johnson's As an alternative to a Diag rally, promise, the University eventually Swain wrote in her memo to turned down NORML's perStraub,"Please tell them mit request in February, 1990 [NORML] we invite them to - but only after having first participate in an ... indoors granted it in November, 1989. forum on the issues they wish "That amounted to pria restricto address." NORML has been tion," Brook added. less than enthusiastic about The U-M saw its designs such a forum. on censorship go up in smoke, "The forum the administration has proposed is the bighowever, when NORML allied with the American Civil tibergest crock yet," said Brook. uSwain won't talk to us about ties Union (ACLU) and successfully sued the U-M for reneging. Ann the U-M's objections to NORML. Her Arbor Circuit Court Judge Donald response, in effect, was that memo to Shelton forced the U-M to restore Straub. We did what we had to do by NORML's permit seeking a permit, but they wouldn't take路 By the time 1991 rolled around, the our application." Other groups are not ~ U-M appeared to have learned its lesson. forced to hold a panel discussion when It merely required NORML to sign anthey request a rally permit, he added, other form promising that its members noting ~~~iin's offer exemplifies.Jhe would not engage in any illegal activity "special" treatment NORML has reduring the rally. Due to what Brook called cei ved. /" the seeming U arbitrariness" of requiring The administration obviously has not NORML to sign such forms, NORML forgotten its recent embarrassment in plans to invoke the Freedom of Informacourt. In fact, Swain's MTS message to tion Act (FOIA) to determine whether it Straub explicitly remarked, "We don't has received fair and equal treatment want another circumstance of granting from the U-M. the ... request and then denying it." Yet "We're going to file one to find out Swain's memory seems as'selective as all the groups that have been allowed to her exercise of discretion - there are no speak on the Diag. Then we'll do another relevant written guidelines, she says FOIA on that form to learn who else had in meting out Diag permits. to sign it. When I was involved in other Ostensibly, Swain took it upon herrallies, no mention of such a form was self to contact SODC "because of probmade," said IBrook. lems with personal safety of persons in Asked whether NORML had been attendance in farner years and also probsingled out by the administration and lems with property distruction (sic)," acrequired to sign a special form, Swain cording to her message to Straub. Swain affirmed in a phone interview replied that such criticism is "speculathat the University is "concerned about tion" and refused to comment further. 1t is obvious that NORML has been the previous history of criminal activity and property destruction" that allegedly singled out in some ways if not others," accompanies I said Brook, "because Swain's memo didn't say that no group was to be given Hash Bash. the Diag on or about Hash Bash time; it Oddly, howSpecified NORMLn ever, she was This year, following Johnson's disinunable to give even one spegenuous lead, Swain instructed SODC not to accept NORML's application long cific example of property debefore it even applied. NSODC did not even take the application," explained struction diBrook. "Their action makes refusing us a redly resultpermit seem generous: this time around, ing from NORML's recent rallies. "All they wouldn't even consider our reyou have to do is be around [to see it]" quest." she said. When pressed, Swain said that The fact that the Michigan Student "buildings were damaged,n but she could Assembly's Students' Rights Comrnisneither specify which ones nor to what sion obtained a Diag permit for a free extent. speedl rally on April 4 after NORML was Brook observed that the U-M has ignored reveals the dubious nature of the never contacted NORML about its safety selectivity exenised by Swain and or vandalism concerns, despite the - especially when one considers that charges' perennial resurfacing. "They Diag permits are issued on a first-come, have not presented NORML with anY-

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March 18, 1992

thing. If there was property damage or eration. NORML cannot rightly be personal injury, it would have been acdeemed fractious because of the annual ceptable, in my mind, to tell us even as frivolity of Hash Bash, nor can it be held accountable for the Bash's consequences, late as when when we applied for our next permit. Not only hasn't the U-M since the NORML rally and Hash Bash are two distinct and independent events. approached NORML, but neither has the Ann Arbor Police Department (AAPD); "Things go on during Hash Bash that and as far as we know, the AAPD has not I'd honestly like not to see there. Things occur that NORML wouldn't like to have even contacted the U-M," he said. "They've had ample time to accuse happen anywhere at any time," reflected us, but they haven't. Brook. ,~, ,) According to Brook, What the U-M is doing is : { moreover, NORML atvery inconsistent. If the U-M would prOVide us ' 'tempts to be as circumwith information showspect as possible, espeing that there has been a cially during public ralproblem, we would take lies. "When 8,000 people steps to solve it, includshow up for Hash Bash ing working with the Deand stay all day long, partment of Public Safety we can't be expected to and Security," Brook stay and clean up after said. all of them when Swain did not know , NORML only has a one whether the U-M had ever attempted to hour-long rally. We do make sure that present its concerns to NORML. Regardeverything we bring leaves with us, and less of whether NORML ultimately.,~d~we even try to do some extra cleaning. The U-M could plan ahead to provide proves itself to be a destructive element or an innocuous occasional occurrence, extra garbage cans, since Hash Bash will Swain's evidently uninformed state nevhappen with or without NORML," Brook ertheless compels one to wonder on what said. tangible grounds she instructed Straub Brook consequently has trouble takto shun NORML ing seriously the allegations of criminal Perllaps mae intriguing is that Swain behavior often laid at NORML's doorcould not cite any evidence that NORML step. "We don't condone the breaking of itself was responsible for any property laws. In fact, during NORML's rally, we damage or for creating a threat to secuhave repeatedly and explicitly asked rity. Lieutenant Vernon Baisden of the people not to consume marijuana - for their own safety. The U-M now has its department of Public Safety and Security agreed that there is "no evidence that own police force that can enforce Michiwould implicate anyone group of gan law, which is much more strict than people," although he added that the "arAnn Arbor's $25 fine. We don't condone ray" of people attending Hash Bash and the breaking of any laws - it doesn't the NORML rally "collectively" cause matter what the issue is - and we try to encourage responSible behavior. So problems. "There has been malicious destruction of there's reason to believe that letting grounds and NORML speak would actually reduce facilities in the problems that the U-M wants to and around avoid," argued Brook. When confronted with Brook's analythe Diag area, and the parsis, Swain responded rather laconically: ticipants have "Perhaps." behaved in a Even if one finds quite distasteful the d i sor de rl y porcine image of 10,000 protestors gamfashion," he boling about the Diag like so many intoxicated brutes, the blame should not Brook answers that the U-M is fall on NORML; and even supposing that it should, the solution ought not entail wrongly blaming NORML for the dethe coercive, deceitful tactics recently elW structive riots which followed theU-M's 1989 NCAA basketball championship. ployed by Swain. Referring to the ills allegedly resulting from the NORML/Hash Bash synergy, Swain could only comment, "They Adam DeVore is a junior in philosophy all occur together. While her lack of and Spanish and the Editor-in--OUef of theRt'Oiew. evidence against NORML itself may seem trivial, it is actually an important considH

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THE MICHIGAN REVIEW

March 18, 1992

Book Review

17

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Racism Cuts Both Ways Race Relations on Campus: Stanford Students Speak John H. Bunzel Stanford Alumni Association Softcover, $12.95 172pga.

atmosphere which polarized race relations on Stanford's campus. Bunzel conducted his interviews while these racially motivated events were still fresh in peoples' minds. Opinions from his interviews are juxtaposed throughout the book, a style of presentation which helps the reader more fully grasp the different viewpoints of blacks and whites as to the causes and effects of racism in collegiate environments. Issues about which students voiced opinions included their own first hand experiences with racism, feelings about

the degradation or devaluation of people due to their color; anyone can be racist. According to Bunzel, many of the _ terms and definitions are problematic because they obstruct communication between people. The frustration, anger, and lack of understanding between by Shannon Pfent whites and minorities is the primary subAccording to John Bunzel, former ject of his book. The reader can gain new President of San Jose State University insight into race relations through the and currently at the Hoover Institute at balanced discussion Bunzel facilitates. Stanford, anger, misunderstanding, and Bunzel acknowledges no Single, frustration characterize the state of race working definition of racism or "right" relations on college campuses today. The opinion on such sensitive issues. In a inability to successfully strike a balance cautionary note, Bunzel goes on to say between color "consciousness" and color that terms like "subtle" racism or "sub"blindness" cuts both ways. Race Relaconscious" racism are problematiC betions on Campus: Stanford Students Speak cause it is both difficult to show how examines the character of black-white someone tan be racist without having race relations at Stanford. racist motives and even more difficult to In his book, Bunzel probes the quesjustify-oneself as having the authority to tion of whether or not a "new racism" drawosuch a conclusion. His exploration exists on college campuses. Fifty-four of this issue will enlighten readers who undergraduate students, 24 black and 20 may not have previously recognized the white, participated in a series of i.JHlepth ambiguity of such terms. interviews during the course of the 1988One conclusion the author offers is that "racial tensions are as much a result 89 academic year. Bunzel also mailed a of perceptions as of reality." Illustrative nine-page questionnaire to a large, ranof this conclusion is Bunzel's observadom sample of Stanford seniors, utilized information from a report of the Stanford tion that while 30% of the blacks and 5% of the whites interviewed or questioned University Committee on Minority Isreported first-hand experiences with raesues, and held informal group interviews with students. the prevalence or validity of reverse racism, the actual percentages of those Bunzel does not provide a concluism, opinions on black separatism or isopeople who said they had experienced sive analysis of the nature of the problationism, the importance of analyzing racism was much higher. Bunzel suglems between the races, but rather facilirelations on a personal rather than a group gests that "too often, 'racist' is simply level, and the distinction between variwielded as a harsh accusation, as if vertates an intellectual discusslon of the exous definitions for race-related issues or bal abuse were a substitute for thought istence and prevalence of the proposed "new racism" on college campuses toterms. and analysis." For example, individuals differed in Bunzel finds, ironically, that colleday. He begins by presenting an overview of his study, along with evidence of their opinions of who can be labeled racgiate programs intended to promote racism on college campuses and a brief ist and whether it is more important for multiculturalism and to facilitate underdiscussion of Stanford students' opinstanding of people of color have very an individual to be color "blind" and not make racial distinctions, or to be color often led to a racially divisive environions on racial issues. Then he focuses on an incident at Stanford that sparked con"conscious" and attach significance to ment on campus. troversy about racism there. . the differences between the races. In the interviews, white students are The incident, which Bunzel spent The construction of the book itself, often frustrated with a largely black inwhich includes excerpts from interviews, sistence on black isolationism or black eight weeks investigating, occurred in an African-American theme house called highlights the differing interpretations separatism. They expressed a lack of understanding as to why blacks are so Ujarnma. Some undergraduate students blacks and whites have of terms like racwere discussing Beethoven when one ism and discrimination. In general, isolationist in establishing and upholdblack student claimed that Beethoven Bunzel notes that students agree that ing black pride. Opinions which label had African origins. The discussion grew there seems to have been a movement whites as unable to empathize with black more heated when the same student said away from the "redneck racism" of the history frustrate and anger many of them. that all music had African origins. past toward a "new racism" often deBlacks are equally annoyed with a scribed as "institutionalized," "subconseemingly ongoing tradition of discrimiLater that night, two intoxicated scious" or "subtle." Students' opinions nation and lack of equal power and ,stuwhite males who had participated in the as to which of these terms best describe dent representation in what they say is a discussion hung a poster of Beethoven, altered to give the composer black fearacism in the 1990s vary. Many black primarily white institutional stru<;b;lre. activists argued that "'only those who Many blacks firmly believeth'a,tbl~~k . , tures, on the aforementioned black student's door. 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the idea. After revealing the many conflicting and often antithetical views the different races hold regarding each other, Bunzel questions "how many of our problems should be seen or defined only in terms of racism?" He suggests that the broader problem between the races may be this continual determination that ideas, people, or actions have to be labeled as "'white' or 'black' or 'male' or 'female'." Bunzel says that our tendency to do this "violates and degrades" the real issues and problems individuals must address. Overall, the most general conclusion Bunzel comes to is that "Race relations in our colleges and universities are far more complex than many observers are wont to conceive them to be, especially when assumptions are made that are believed to be so unremarkable and obvious as hardly to require discussion or proof." Books such as Race Relations on Campus are valuable because they highlight the need for discussion of complex race related isgues. This book shows "that dive~sity is not always color-blind [and that] it can even be discriminatory." Furthermore, Bunzel points out that although "things sometimes get out of hand and ... charges are made that all minority problems are the fault of the 'racist system' .. . it is even more true ... [as black professor John Warfield pOinted out] that the 'academic community is not especially racist [today] ", and that the racial incidents of today generally "pale with previous experiences." Bunzel agrees with "Martin Luther King's conviction that the surest way to achieve rights for black Americans is to understand how those rights were so long denied' and to change them through friendship.'" As students and faculty members at the University of Michigan are exposed to a University policy that promotes diversity, we should be among the first to take note of Bunzel's message. There is a need for people on this campus to curb their hostility and anger towards diversity issues and to explore willingly various cultures. People need to understand multiculturalism fully so that they can interact with others peacefully and recognize their human similarities. Martin Luther King and Dr. Bunzel may well be right in suggesting that a good way to promote understanding of cultural differences is through friendship. Indeed it may beij)e,pfliy effective way to do so. ShUUlo~, l'fent is a junior inlil)glish and a staff Writer for the Review~ . ,t .

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THB MICHIGAN REVIEW.

18

March 18, 1992

Music Review

Matthew Sweet's Divine Intervention by John J. Miller Matthew Sweet's Girlfriend opens to disconnected snippets of feedback before the rhythm picks up with a plodding crunch, later embellished by graceful harmony vocals and some marvelous Richard Uoyd fretwork. This lead track, "Divine Intervention," concerns what is either an atheist's cynical appraisal of the universe or a Job-like plea for an understanding of God's mysterious ways. The album as a whole is an exercise in duality. Largely composed during the break-up of Sweet's marriage, Girlfriend is full of the bleakness suggested by song titles like "Thought I Knew You" and ''You Don't Love Me." At the same time, however, Sweet celebrates the renewal of a newfound love. The album nearly bore the dire name Nothing Lasts before a last minute change to the more uplifting Girlfriend. A fortuitous choice perhaps: the title track is largely responsible for Sweet's rising popular appeal. Sweet originally hails from Lincoln, Nebraska, but after his high school gradu-

ation in 1983, he hurried off to Athens, Georgia and its explosive music scene. He played in the bands Oh-OK and Buzz of Delight. both of which released EPs on Atlanta's DB Records. A full-length Buzz album produced by Don Dixon caught the ear of a Columbia A&R man, and Sweet soon landed a solo deal that led to his 1986 debut, Inside. Three years later found Sweet at A&M Records, where he released Earth. Both solo efforts drew critical raves, but flopped commercially. After Sweet recorded the demo tapes for what would become Girlfriend, A&M hesitated, seemingly reluctant to commit itself to the· new material. Sweet took a risk and asked ~ to be released from his contract, and the label obliged him. Zoo Entertainment eventually¥!cked Girlfriend, and S,,¥eet is now at the height of his artistic and commercial prowess. Sweet's music comes across as a Revolver-era Beatles with a few strands of Neil Young sloppiness. Yet such pigeon-

clubs and college towns, and should not be missed. He will swing by the Blind Pig in Ann Arbor on Wednesday, March 25, and will make an in-store appearance at Wherehouse Records on the same day.

holing can do an injustice and betray the eclecticism of Girlfriend. The stomping ''Does She Talk?" counterbalances the delicate "Your Sweet Voice." "Looking at the Sun," ''Don't Go," and "Holy War" round out what is truly an appealing and varied effort. Sweet's current headlining tour is passing through a limited number of

John J. Miller is a senior in English and editor-at-large of the Review.

Origin, Whigs, & Storm \

The Origin Bend Virgin Records The Origin are one of the very few pop bands to have mastered the art of creating at.rntlspheres and building vibes. Too many of today's hitmakers can make the feet move but never hit the heart. On Bend, acoustic guitars, an organ, a tight rhythm section, and the voice of Michael Andrews do most of the constructing. No computers needed. The band, out of San Diego, are comparable to European acts like The La's I

psychedelic acoustic-heavy works, while ''Yes, I Want" has all of the bluesy grit of a La's tune. The danceable first single "Bonfire's Burning" and "Racing With the Moon," feature Hammond organ and a rhythm pattern that are a tad too "retro" and annoyingly Manchester. If the Single explodes, the worst thing that could happen to this band is that they would get clumped with the Euro-hip club that includes the Happy Mondays and the Charlatans UK. The simple soundscapes of "Bend" and "Giving it All," a slow number in the same league as Blues Traveler's "Crystal Flame," place the Origin above most of today's pop bands. But with computerR&B ruling the radio it will be difficult for the band to go mainstream. Hopefully the Origin will be instrumental in bringing the vibe back to aTor 40 of tired and formulated corporate pooh. The Origin will perform at the Industry in Pontiac on Monday, March 23.

Matthew Sweet's upcoming show at the Blind Pig will be way too cool to miss. more fans and critical attention than the fairly well-received Up in It. And while vocalist Greg Dulli sounds at times a lot like Paul Westerberg, the band easily betters J. Mascis. The album fades a little toward the end, but up front it's stacked with the swirling guitars and groovy piano of "Tum on the Water" and the vibrant wah-wah and angst of "Conjure Me." The title track, too, is one rousing number. The next Sub-Pop sensation? Count on it.

fortysomething cranks of this band can't help but to record sewage, because it's all they know. Bassist Ross Valory played with (surprise!) Journey, vocalist/keyboard player Gregg Rolie performed with Santana, and drummer Ron Wikso has toured with Cher. The songs are all pretty lousy, and Rolie fails to do anything but lamely mimic Steve Perry. The lyrics are the single extraordinary aspect of the album, for they explore new ranges of banality. With song titles like "Still Loving You," "Show Me the Way," and "Can't Live Without Love/' one can predict that The Storm will shower us with cliche after cliche to become the tritest among the trite. If you still think you might dig these duds, catch them opening for Bryan Adams at The Palace on March 21 and 22.

Afghan Whigs

Congregation

The Origin aren't Euro-jerks. and The Milltown Brothers in that they playa minimal and pure brand of pop that often hearkens back to the first two decades of rock n' roll. "Candy mine" and the eight minute ''Trapped in a Dream,Macl)inf, arr.~~~~itu}l¥ ,tame ~ -

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The Storm The Storm Interscope Records If you really, really miss the mid1980s schlock-rock of such corporate entities as Journey and Styx, then rush over to the local music store and buy The Storm's drippy debut. Of course, the

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THE MICHIGAN REVIEW

March 18, 1992

19

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Music Review

Crusty's Corner

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Roll Over, Beethoven Ludwig van Beethoven The Nine Symphonies Herbert von Karajan I the Berlin Phil. Orch.1 Vienna St. Cho.1 soloists Deutsche Grammophon Records by Frank Grabowski In recent years, many cycles of Ludwig van Beethoven's symphonies have been released. The names of Bernstein, Norrington, and just recently Harnoncourt have been firmly inscribed into the book of lithe great interpreters of Beethoven." I am of the opinion that Herbert von Karajan was the greatest interpreter of the works of Beethoven. Thankfully, Deutsche Grammophon has given us the opportunity to hear his monumentaJ 1963 recordings with the Berlin Philharmonic. The Third symphony (the "Eroica") is possibly the finest on record. Karajan gives us a granite-like, Klemperer rendering without the laborious feeling often given by Klemperer. The Fifth and the Seventh are also powerfully wrought

with quick, brilliant tempos; the Seventh benefits highly from Karajan's impish approach. Th~ only weak.symphony in the cycle is the Sixth. It focuses too much on force rather than the beauty that Beethoven had intended when he entitled it the "PastoraJ Symphony". The Gunter Wand (RCA) or the Bruno WaJter (CBS/Sony) would make fine replacements (if you find maestro Karajan's performance repulsive). The cycle concludes with what is arguably the greatest Ninth ever rendered. From the first note of the first movement to the final cries of "joy," Karajan instills the Ninth with a demonic quality. The first movement literaJty explodes with raw energy, but the real treat lies _ 15'27 later. The se(ohd movement is the fastest scherzo 'fhat I have ever heard the .. Ninth contain. Karaj'an successfully recreates Beethoven's attempt to symbolize bacchanalian festivity with gut-wrenching tempos.

The finale boasts a star-studded lineup of vocal soloists, featuring Janowitz (soprano), Rossel-Majdan (contra), Kmenett (tenor), and Berry (baritone), as well as the capable voices of the Vienna State Chorus. The tempo is quick and within reasonable taste. Of all of the Beethoven cycles avail- . able, this release is a must. The sonies may not begreat, but the energy and brute power of maestro Karajan coupled with the skillful playing of the Berlin Philharmonic make this set spectacular. This is the Beethoven cycle, bar none. Frank Grabowski is a sophomore in LSA and a staff writer for the Review.

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by Crusty Muncher The grandaddies of the Manchester scene, James, have a new record called Seven. Their last aJbum, Gold Mother, spewed out a slew of hits and went platinum in Europe and now the guys are looking to break big in the States. Seven is another one of those records that just doesn't cut it. Mediocrity and nothing more ... La Sexorcisto: Devil Music Vol. I is the most recent release from New York's scuz-metalers White Zombie. If you're tired of all of the seriousness of Metallica and want some big groove thrash, then check this out. Chi Ali is the newest edition to the Native Tongues, a close knit posse of rap groups that includes th~ most

influential groups on the scene today like A Tribe Called Quest, De La Soul, and Black Sheep. He's a trigger happy sex fiend and only 15 years old! Check out his debut The Fabulous Chi Ali. Lots of famous special guests on this one ... Watch for the debut from hip-hop's next super group Arrested Development. The groups first single "Tennessee" is one of the finest jams in a long while. Dancehall reggae artist Barrington Levy and Nardo Ranks both have new albums out. Levy's been making dancehall music over 10 years. Rough Nardo Rtmking is the first LP from Kingston native Nardo. The Hannibals are doing an acoustic set at Wherehouse Records on March 18... The funkiest rap group e~r, the Digital Underground, will do their thing at the State Theater in Detroit on April 3. Mammoth Record's Machines of Loving Grace are the only commercial indutrial band that can hold a candle to Nine Inch Nails. Incorporating acoustic guitars and a few funky beats into the industrial genre has never been done so tastefully ... The Lollapoloza II lineup will boast: The Red Hot Chili Peppers, Pearl Jam, Soundgarden, The Jesus and Mary Chain, Ice Cube, and Ministry.

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