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

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

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

Please See Page 16

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

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

Please See Page 14

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CuringSAPAC 4

Deflating Bikers 5

Funding Fiasco 6

Gun Control 8

Federalist Paper 13 Hockey 15

CrusWs Corner 19

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2 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 SAP AC. "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!

Hey, Forrest Green Ill! Since you obvi-

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.

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 math-

ematics and the sci-by Joe Martin ences." From an ar­

ticle on the same page: "Findings of high-tech brain scans 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 . .

~ CFF AfJ AWrTlalAL- r ~ 7D ~1\2TY 'FE.1<CENT.

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March 18, 1992

THE MICIDGAN

REVIEW "We are the Establishment"

The Campus Affairs J oumal of the

University of Michigan

Editor-in-Chief ... .................... Adam DeVore

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

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

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R ovi ng: ,Photog 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.

Gabe Konrad, Grand Rapids: I can't re- Suzanne Fauser, Tattoo Artiste: Go Forth ally pick a favorite of my 20 or so tattoo and Live as Art. pieces, They've all come about from the feelings and experiences of the moment. Each piece has its own story - good ending or bad.

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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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

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4 THE MICHIGAN REVIEW March 18, 1992

From Suite One: Editorials </ \~'t4J

Abnormal Treatment of NORML ust End Presiden,t Duderstadt's underlings are distancing the President's office from Hash Bash and the then-pending decision to repeal the $5 pot law, ''They're both a

occurrences surrounding the censorship of the National Organization for the Refor- disgrace, I support repeal of the $5 pot law, and there should be a stronger penalty. I mahon of Marijuana Laws (NORML) by the Student Organization Development don't know what I can do legally to keep the Hash Bash from happenins- but I'll do Center (SODC) and the subsequent suit NORML has filed against the University. anything I can to prevent it." It appears that Duderstadt was unable to find the legal Shirley Clarkson, Assistant to the President, vaguely explained that lithe President has means necessary to prevent the event, hence the enactment of prior restraint by Swain, not been involved" in the decision to deny NORML the use of the Diag for this year's an unconstitutional act that has been overturned by the Supreme Court. Michael planned rally at Hash Bash. When one considers President Duderstadt's contempt for Warren, Jr., Chair of the Student Rights Commission, maintains that, "[T]o even Hash Bash, and the administration's refusal to accept the preliminary request from fathom that a court would uphold the University's restraint on NORML is preposter-NORML for a Diag permit, however, Clarkson's comment takes on an evident air of ous." implausibility. Other relevant considerations - witness Vice President Mary Ann Duderstadt and his cronies should be more concerned with upholding student Swai~'s sending an MrS message to the SODC instructing them not to groups' rights rather than trying to silence them. Adam Brook, Secre-accept NORML's application or the U-M's history of past NORML tary of U-M NORML, echoed this sentiment. "King James is the abuse (see page one) - suggest that the administration, and even problem here," he said. "Everything is coming from his office, guaran-Duderstadt himself, is at least tangentially involved with the decision to teed. He thinks Hash Bash makes the U-M look bad, but that's because deny NORML its First Amendment rights. of how he insists on handling it He's missing a chance to regain lost face.

The administration has sought to justify its censorship of NORML by He could use the NORML rally as an example of how people on this citing the "property damage" that invariably accompanies the annual campus are able to exercise their First Amendment rights, as well as how Hash Bash celebration. Yet when pressed for specifics, administrators the U-M facilitates that" Brook also noted the absurdity of supposing were unable to quantify damage directly linked to the NORML rally. that the office of the President is not involved when a lawsuit against the One would assume that if any damage to University property were U-M is pending. anticipated, the U-M's beefy new police force should be a.!)k(t6 control Whether one "bree5 with the aims of NORML, or even with the idea the problem adequately, but evidently not. It is intEirestmg to note that of an annual afternoon of marijuana smokins- is not the issue. What is a spokesperson for NORML maintains that the group is willing'to work at stake here are the limits the administration is continually willing to with the U-M police force in order to ensure a safe Hash Bash, but, apparently, to no place on the freedoms of speech and assembly. ObViously, if property damage is avail. NORML is also willing and anxious to correct any problems for which it is indeed a significant externality, all students ~ill inevitably incur the costs of repairing responsible, but the U-M has never presented the group with a list of grievances. it. But can we allow limits to be placechipon public forums by a handful of adminis-

The administration is basing its decision on selective and unconstitutional policies trators who openly disagree with the subject matter scheduled for April 4 and who seemingly designed to limit NORML's audience and, ultimately, to dismantle Hash cannot even quantify the damage Hash Bash allegedly causes? The decision to deny Bash itself. Surely Rackham Auditorium, where Swain has told NORML it may hold NORML the right to hold a rally should be reconsidered. The administration is missing a panel discussion in lieu of a rally, could not accommodate over 8,000 Hash Bashers. a golden opportunity to uphold the value of free speech on campus.

In a March 1990 interview with the Review, Duderstadt remarked concerning

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 ' vi\" ~~bd{~ ..... 'jfU ftd.~~iJ :):)eih 't.,~'::I~.I :';u

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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. SAP AC 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 MICHIGAN REVIEW. 5

The Life of Ryan \ ';

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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 91». 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 £act 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

6 THE MICHIGAN REVIEW March 18, 1992

Essay: Budget Analysis '" '}J"'"

MSA Funds: The Sordid Papertrail by MattWllk

It's tuition time; do you know where your money is going?

The unfortunate answer for many University of Michigan students is "no." Students often do not realize their tuition dollars are regularly given out to student groups with questionable purposes or goals to which many students might 0b­ject, on principle.

~t year, for example, the Michigan Student Assembly (MSA) allocated $50 to the Gay Radio Collection, according to its Schedule of External Allocations. Money also flowed into the coffers of the Palestine Solidarity Committee (PSC), the Baker-Mandela Center (BMC), and the Homeless Action Committee, to the tune of Sl,225, $1,000, and $200, respectively. MSA's donation to BMC is perhaps the most startling of these, since the group had already received a large start-up grant from the University with the agree­ment that the center would become Self­sufficient after 1990. The PSC is the orga­nization that sent several students on a

1990 "fact-finding" trip to the West Bank and the Gaza Strip.

have been turned down in the year and a half that I have been a representative," he

whose money they presently receive. (Similar objections could be raised to re­ligious groups, although they are not Such expendi- said. LSA-SG's will-

ingness to dole out mentioned here.) money to groups MSA, however, does not actually give

~------------------------~ tures were attacked I I by the Conservative MSA'sHeavyweight Spenders Coalition (cq in the last MSA election, but many students remain unaware of their existence. Al­though the election of a CC majority slowed the flow of of these question­able allocations, it did not stop all of the bleeding.

The LSA Stu­dent Government (LSA-SG) also allo­cates mon~JI' -to slanted sludent groups, according. to

. Vince Wilk, the LSA-SG's treasurer. "Only three requests

Baker-Mandela Center Coalition for Democracy in latin America Eart.h Day Committee FeminisrWomen's Union General Union of Palestine Students Latin America Solidarity Committee Lesbian and Gay Rights Organizing Committee Palestine Solidarity Committee Socially Active Latino Students Association Sisters in Stockw~11 Transmit­ting Ethnic Relations Student 'Coalition'or Social Awareness Women for Guatemala Rainforest Action

$1,000

$339 $6,929 $1,000

with extreme politi- out money until it obtains receipts for the cal bias appears to purposes of allocations, according to MSA stem from its fear of Treasurer Andrew Kanfer. Jen Bayson, being accused of dis- fund allocator for LSA-SG, points out oimination Student that "groups must fill out a form indicat-governments seem ing all of their assets and expenses." A to think that it is un- required signature holds a group respon-

$450 I safe to deny funds sible for the accuracy of its information. to groups which do One could argue that since student

$l,losl not appear to be par- representatives control MSA, the money ticularly worth- doled outtosuchgroups is sanctioned by

:f~ I while, and that it is the rest of the student body. But this is , perhaps safest to not the entire truth.

$1,3821 give funds to virtu- The majority of the student body ally whomever does not vote in MSA elections, and quite

$450 I comes begbing. . ~bly many students do not even know

$350 $470 $500

And boy do they these elections exist. Beyond that, many come begging. Two students, upon learning where their of the larger MSA money goes, would probably balk at the leeches over the past thought that it goes, in part, to political few years have ~ .' -groups. MSA serves a valuable function

Student Legal Services and the Ann Ar- in funding those neutral groups that are bor Tenants' Union. Student Legal Ser- overlooked by the U-M itself. But the vices received $292,693 during the 1990- funding of fringe political groups is go-91 fiscal year for prOViding the most ba- ing too far. sic legal advice. The Ann Arbor Tenants' The bulk of spending on such stu-Union 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 pur- even less. If not all the blame for inappro-ported to be completely free of the need priate student group funding can be to draw on student funds, receives ap- placed 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 prima- University of Michigan itself. rily of advertising expenditures, it repre- The 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 twenty-to fund. member panel of U-M administrators. If

Granted, some of MSA's heavy- a 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 -Champion - Jansport - Gear - Beezll - Russell Athletic Along with many styles of imprinted sportwear we carry

Hats, Caps, Pens, Pennants, Mugs, Bumper Stickers, Rulers, History Books, Shoelaces, Posters, FIshing Lures,

Stationary, Footballs, Basketballs and Much, Much Morell If it's got an 'M' on it, Ulrich's probably carries It!

extent or extremity of their political or cover it For example, according to Rodger social activism may not be easily agreed Wolf, director for budget with the Vice-upon. But groups which espouse politi- President for Student Services, the VPSS cal viewpoints, be they right or left lean- alone gives out approximately $30,000 ing, should not receive money coercively per year to student organizations. taken from the student body. The VPSS, however, is only one of

Individual students presently can- many 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 orgamza-ArtlEngineering Store and which they may find morally, politically, tions receive and spend $5.8 million per Electronics S~owr?om : or ethically objectionable. Whereas fund- year, 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 mil-Phone: 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 Saturday 9.30-5.00 harbor 1 t tial f thical ·d d'ff tUM d' . . h

i I ......... . .... " '"''' '"' ",vV",.J'VIlL. Sunday Noon to 4:00 " ampepoen ore ort eo- among 1 eren - tVISlOnssuc as i':: :::.~:: 10gical)~pp(!)siaQ)n by d~mhsiud~ts ,; VPSS-and ot~ers. ··! " ,,- ;-,,! ,. ,"

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March 18, 1992

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

THE MICHIGAN REVIEW,

.~-{

,. *' ~"

crossed the fine line between clever and Macomb Community College, the same stupid, and it is hard to believe that his . fee nets players a full 14-game season. enormous entou- ' This pattern of un-rage was cheap. " der-funding occurs in

The BSU also MSA's "Chidden. Train" other sports, includ-supported the recent ing softball and foot-deputization hear- ball. Then again, we ing fiasco, in which Ann Arbor Environmental do have ping-pong. a hysterical coalition ISSlJ3S $:l>0 4) The U-M could use of groups including Black Lesbil'M'l Women either a new dormi-the BSU bullied the & Gay Men in Struggle regents into relocat- Free ~out~ Africa , ing the hearings to a Coordinating Committee sa{ b 'ld ' Th Greens, U-M

er u~ mg. e Homeless Action Committee cumula~ve effect ~f Minority Youth Striving to the actions of thiS Incorporate Cohesiveness U diversity" -funded National AIDS Brigade coalition was, ironi- Pro-Choice Coalition cally enough, to se- Recycle U-M riously hamper re- Revolutionary Perspective gental efforts to gar- Group o­n e r stu den t.- i~6dents Working Agains!..

d ti' ti . t' Hung3r epu za on mpu . SVWOrt Our Soldiers

BSU member U~M CROP Hunger Walk David Marable re-

,.

$280 I tory, or improve-ments to the old ones.

:~~ I Most freshmen are $200 stuck in dirty, old, in-

adequate buildings,

$:l>0 and on top of that,

$!:e they pay over $4,000 $75 a year for rent. Many $100 classrooms around

campus could also $212.1 stand renovation.

$270 The U-M should

$3)0 change its spending

$100 poliCies, either by eliminating unregu-

cently went so far as L..-___________ ---' lated group grants or

ST

7

by allowing those grants to be questioned in a student referendum. Furthermore, students need to have more of a say over where their money is sent by MSA and LSA-SG. This may involve some sort of group check-list referendum, a process which itself might be difficult. But any degree of accountability would be an improvement over the present system.

The U-M presently ranks 30th in student spending. Such spending is one measure by which education authorities judge school quality, anc;l it is falling. As our tuition bills show, this decline has occurred through no fault of the majority of the student body. With one of the highest tuition rates in the country (among public schools, our tuition is the highest) U-M students surely deserve better management of funds.

Matt WIlk is a junior in political science . and a staff writer for the Review. '

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EN 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.

Packaging • Shipping '. Storage Truck and Trailer Rentals

These funds could be better spent by other divisions or organizations in the U-M. The following are just a few of the possibilities:

• Authorized UPS shipping outlet • Delivery in U.S. 2-5 days • Insurance up to $25,000 • International service worldwide • Motor freight for heavy items

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 library was nearly out of the question. Obtaining such a basic student service should not have to be as difficult as ex­tracting teeth. But when a university has its priorities slanted - as the U-M so clearly does - money seldom is sent where it is rea11y needed. 2) The U-M could better fund its recre­ation department. At Indiana Univer­sity, the main gym has twelve basketba11 courts. At the CCRB, there are three. That puts us on par with universities like Seton Hall University (with 7,500 students) and

• We will store anything you have in our secure climate controlled, fully insured storage facility

Macomb Community College. 3) The intramural sports system could also use some money. A $50 fee secures basketball players at this university a whopping three games, plus playoffs. At

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8 THIiMlGHIQ.4,N ReVIEw·; " March 18,1992

.,' :;'~i Essay: Gun Control

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Vindicating'the!:S'ec()n'dAmendment by Perry Thompson try.

II A well regulated militia, being nec- Evenif an effective means of eradi-essary to the security of a free State, the cating all privatelY-Qwned firearms in right of the people to keep and bare A.nns, America were found, would it actually shall not be infringed." The Second make us all safer? James Wright, profes~ Amendment, often regarded as the black sor of human relations at Tulane Univer-sheep of the Bill of Rights, has been aI- sity and author of Armed and Considered most completely ignored during the bi- Dangerous, suggests that it would only centennial celebration of the creation of make criminals safer. In his survey of the first ten amendments to the Constitu- convicted felons, over half of the respon-tion. dents affirmed that "a smart criminal

Virtually the only recent mentions of won't mess with an armed victim," and the Second Amendment have been made three-quarters agreed that criminals for the sake of denouncing it as a mere avoid robbing occupied homes because historical curiosity. Gun control advo- they fear being shot. Forty percent said cates claim that the phrase "the people" they had decided not to commit a certain refers only to the police and national crime because they thought the victim guard. Uke the rest of the Bill of Rights, was armed. however, the Second Amendment was Wright suggests that this fear among written to protect the American people criminals has a significant deterrent ef-from governmental abuse. feet on crime. Gary Kleck, a professor!.)J

Given the relative stability of the cri~n?I~ . .at1'1orida State U~versi!y, American government, however, gun wntes ill Pomt Blank: Guns and Violence In

control advocates often daim that it is America that this is a justified fear. Ac-not necessary for Americans to be able to cording to Wright, "Gun use by private defend themselves against their relatively citizens against violent criminals is about harmless government. They say that only as likely as arrest." the police and national guard must be This deterrent effect is suggested by armed to guarantee security, and that the fact that 60 percent of burglaries in widespread gun ownership is actually England, where gun laws are much detrimental to personal security. stricter than in the U.S., occur in occu-

But even today, an armed citizenry is pied homes, while only one in 10 U.S. an effective means of insuring our secu- burglaries occurs while someone is home. rity against excessive governmental In 1%6, the Orlando, Florida Police De-power. Witness, for ex- partment took advan-ample, the ul1willingness tage of this probability Ii the former &>viet Union by training over 2,500 to allow Lithuanians to women to use guns in privately hold weapons response to rising rape during their first seces- rates. The next year, sionist rumblings. Orlando's rape and bur-

Some gun control ad- glary rates fell, while vocates nevertheless ad- those for the rest of vocate the banning of all Florida and the US. con-or most private owner- tinued to rise. ship of firearms. But due n 1967, Kansas City, to the fact that there are Missouri police used a now between 100 and 200 million guns in similar progrcyn to lower robbery rates private hands in the United States, and by training business owners to use guns. that three-quarters of otherwise law- Subsequently, robbery rates dropped in abiding gun owners questioned in a 1979 Kansas City while continuing to rise in survey said that they would violate a surrounding areas. federal gun ban, this is perhaps an unre- Many gun control advocates deny alistically idealistic proposition. the deterrent effect, claiming that it can-

Such a disarmament plan seems even not be proven to exist. While a causal link more hopeless when one considers that may be difficult to establish for certain, criminals, as opposed to average citi- one need only consider statistics of ac-zens, are even less likely to surrender tual firearms used in crime and self-their weapons. Any police attempt to defense to see that firearms are beneficial confiscate them could simply be met by to society. large scale gun smuggling. Efforts to stop According to the N a ti onal Crime the resulting trade in arms would likely Survey (NCS), 0.5 percent of American prove as futile as current attempts to households will have a member who keep illegal drugs from entering the coun- experiences a violent crime in a given

year. The U.S.Department of Justice re­ports that about 0.8 percent of house­holds will have a member who uses a gun for defense each year. Even if the mere presence of guns does not reduce crime, it is dear that citizens use guns for defense more often than for crime.

Some people, however, question the intelligence of using firearms in self-de­fense. They claim that one is more likely to kill some­one accidently or in a fit of rage than to . use a gun in self­defense. Firearms, therefore, suppos-

. edly prOVide more J of an opportunity

for tragedy than for effective self-de-fense.

achieve the goals of both gun control groups and the National Rifle Associa­tion.

Accordi'flg to Kleck, most violent crime is committed by people with previ­ous violent histories, and most firearms accidents are caused by people with long histories of drug addiction, alcoholism, reckless driving, and other destructive

behavior. A crimi­nal records check could prevent these people from purchasing fire­arms at a retail outlet. This mea­sure would pose little inconve­nience for average gun buyers. But, unfortunately, it would have little

effect on the criminal acquisition of fire­arms, because, according to the Wright survey, most crIminals get their guns

But these assertions are .simply un­true. Fatal gun accidents are incredibly rare. In 1987, about 1,400 deaths were classified as fatal gun accidents. Even this number is .questioned by Kleck, who says that many suicides are counted as' accidents, and thus artificially boost death estimates. Kleck also reports that acci­dents involving someone being mistaken for a burglar are even more rare, occur­ring only once in eVery 26,000 defensive incidents.

.. _.through private sources.

The "crime of passion" is also largely a myth created by anti-firearms lobby­ing groups, according to Wright, who disproved the. myth in an article pub­lished in the August/September 1991 issue of Reason. Wright used FBI statistics to show that only one-quarter of all mur­ders are-committed by family or friends of the victim. Furthermore, even fewer of those murders could be considered the results of "fits of rage." Murders result­ing from arguments which grow out of hand usually represent the culmination of a long history of abuse or recurring conflict. But such instances are fairly rare.

The NCS reports that over 80 percent of Americans will be victimized by vio­lent crime at some point during their lives. Obviously such crime is· a major problem, but removing a person's most effeetive means of defending his life and property from such attacks is clearly not in the interest of personal security.

Perhaps a gun control strategy which restricts access to firearms only among those most often responsible for violent crime and firearms accidents, but which does ~ot iI1t~rf~re wit~ ,a Ift~:-~pi~ins , . ci!if~n~~ ; ~g~,~ ~9 Ae!f-~ffen.srA ~R~19" i

One possible solution to this dilemma could be to hold private suppliers crimi­nally responsible for providing inelligble recipents with guns through a private transaction. Private dealers would need to have a records check done to protect themselves from prosecution when sell­ing a weapon. This would make it more risky to supply weapons to criminals, but it would still allow people the ability to defend themselves against petty crimi­nals in peacetime and. against the state in the event of a national crisis.

Perry Thompson is a sophomore in com­munication and philosophy and sup­ports the entire Bill of Rights.

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March 18, 1992 THE MICHIGAN REVIEW. 9

Essay .... ,!,¥

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 "

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

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

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

[~ I I I I I I II I

~

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.

» •• " ,_~",,,", .. ,~,,,~. ,, ,,,~,,,,,",~~, .. ,., ,,.., ~,,, ... ,,_,,,,,,,, _ _ <,,_ ,,,,,,,, ... ,,,,",,,,~,~,_,,",,","',",.__ ,,,,,,,,,,,,,,,,,,,,, __ _ ,,.~,w •• _, .•. ", ,,. __ _ .,., ..,..,._ ..... ~_"'" _ ~~_ .... _ ..... __________ _

10 THE MICHIGAN REVIEW March 18, 1992

Interview \:1 ' .... fi.:'<(/

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.

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_

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

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 have to interview a lot of people, thi!y _, that high in number, and we probably 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 company expects it.

On the other hand, we also have programs that we do for companies that aren't as custom-designed as the Ford program. We might do a marketing pro­gram and adjust it somewhat, but it's not completely company-specific while still ' being very applicable.

REVIEW: How many customized pro­grams do you currently offer?

WALTON: About 17 percent of our prod­uct or activity is in that area Some schools like Wharton [at the University of Penn-

REVIEW: Concerning the Japanese, it has been suggested by some that Ameri­can blue-<:Ollar workers are not to blame, but rather American management In other words, in certain industries a Japa­n~anaged company wo~d be able to tum a profit with American labor, whereas an American-managed com­pany would not Have you gone to any lengths to learn Japahese management techniques?

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

11

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 u.s. 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.

Williams is 'Golden' ,in Last Lecture by Stacey L. Walker

English Professor Ralph G. Williams was honored lru.i Monday night with the Golden Apple Award for his outstand­ing teaching at the University of Mjchi­gan.

The award, presented by the group Students Honoring Outstanding Under­graduate 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 you had not yet even considered." Bor­rowing from Samuel Taylor Coleridge, he said, "Everywhere I go in my mind 1 meet Ralph on his way back."

Shira Goodman of the SHOUT board presented Williams with the Golden Apple Award. She touched upon his in­credible enthusiasm in the classroom. "It affects everyone," she said. "He brings each student to life and invites them to enter the text with him." As- Williams rose to receive his award, he was greeted

41' ... ).~

with a standing ovation/fo which he responded, "Thanks, 1 love you, too!"

Williams began his speech by thank­ing the.SHOUT members who put up numerous posters featuring his photo (hands included) around campus. "Gosh, I wish my mum had seen them!" I he quipped. He then launched into his last lecture, which he entitled, liThe Romance

of the University." Throughout the speech, Williams

stressed the interaction of knowledge and action, noting that, "1 may not have all the facts, but I must act." He urged mem­bers of the audience to "know yourself," and in reference to Oedipus, to remem­ber what injustice is, to keep it as a constantly renewing source of humanity because in the end, "there is the return to romance, to a constant joy of which the fulcrum is human acceptance." He quoted Harnletas another example of the desire

....

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

the audience to love the two-fold beauty of things, the surface beauty and the meaning of it, or as he put it, the thrust of the mind.

Toward the middle of his speech, 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 com­mented. "But I urge you, complications about subtleties of meaning should not \

. 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 commu­nications and a contributing editor for the Reuiew.

Forr •• Watch

And~ •.

12 THE MICHIGAN REVIEW. March 18, 1992

·s

Satire ". '" ~,,>,

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.

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

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. "Litera­

ture 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

things are speciesist because they allow - '(quote here)' and I remember how we 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

cepted break of the speciesist code, both else became temporarilyunliving," it because the fibers are synthetically made said. "Our society, when it achieved per-and 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 per- Evening was approaching, although I fect culture - for instance your art, mu- am 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 insen- and looked back at me. It coughed once, sitivity in disguise. Art? Art is discrimi- and 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 politi- I 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 con-paints one thing and not another, or vinced others to do the same. I was picked makes one object greater or lower, pret- up by a steamer returning to my land, tier or uglier than another object. Racism, and have remembered that dream soo-sizeism, 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 better- can 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

... "....,..A_ ... ,_ I~~(l(,\\~~,"",,,"'~ ____ _

March l8, 1992 .Tli~MIC;t!~C;4N,R,E,tJfl;Vv::-··- '~·· .. , .. -.. ' .... .. ""-"lj' ~~" ~ ''"''''-Y-: "','1'<4 ,,-,r!-·'

The Fortnightly Federalist: Paper No. 1 .~<;

J;f<;11",;p

Keeping Jyrann·· i~n ,Check by Michael David Warren, Jr. mentation for the nation - i.e. individual

America is the greatest nation this states became "laboratories" for differ-world has ever known, not because of its ent social and political innovations such economic or military strength, but be- as social welfare or minimum wage laws. cause of its political institutions. We Yet federalism is necessary to preserve often forget, however, that our liberties freedom and efficacious government. are the result of spilled blood and enor- Central control denies local communi-mous sacrifice, and that we are always ties the necessary flexibility to deal with precipitously balanced on the edge of complex issues in a manner consistent tyranny. with the preservation of liberty.

The U.S. was the first nation to be In theory, Alaska might decriminal-founded on the tenet that 1/ all men are ize narcotics to combat drug crimes and created equal, that they are endowed ... violence, New York might carry out with certain inalienable Rights, that draconian measures to save its youth, among these are Life, Liberty, and the and Michigan may legalize some drugs pursuit of Happiness - That to secure for medical purposes only. The federal these rights, Governments are instituted government in Washington, however, among Men, deriving their just Powers has created inflexible drug laws, and has from the consent of the governed." To its own police agency to enforce them. ensure that this government of the People, Other issues which are now heavily by the People, and for the People did not regulated directly or indirectly by Wash-lapse into a tyranny of the majority, the ington, but are better le~10 the states, Founders created a strong constitutional include welfare, health'care, the drink-system which incorporated the principles ing age, seatbelt laws, health standards, of separation of powers, checks and bal- minimum and maximum 'wages, safety ances, judicial review, federalism, equal- regulations, environmental standards, ity, and individual liberty . and more recently, education and crimi-

Yet powerful currents are challeng- nallaw. America is filled with thousands ing these basic tenets, which, if allowed of different communities with different to succeed, will bury our charter. Pater- lifestyles and values; yet farmers in Idaho, nalism - not communism, fascism, or fishermen in Massachusetts, and indus-some other strand of dictatorship - is trialists in Michigan are forced to abide now the greatest threat to the constitu- by the same federal standards of law. tional order created in 1789. A casual Federalism checked tyranny from survey of the political landscape of the Washington. With the fragmentation of last 60 years quickly exposes the unre- powers between states and the national mitting growth of the paternalist policies government, each possessively guard-which are slowly stranguqg ing its power, totalitarian our individual liberty. dictatorship was imp os-

Federalism, coupled sible. This was histOrically with the principle of a Con- a major focus of govern-stitution of enumerated mental relations in the powers, formed the core of United States. Early in the limits designed to confine country's history, major the federal government. political campaigns and That system limited the cen- battles were fought over the tral government's powers to Bank of the United States, caring for a few essential col- because critics attacked the lective needs such as na- Banks as violating the lim-tional defense, maritime law, taxing and its imposed by enumerated powers and spending powers, regulation of interstate federalism. Andrew Jackson even won commerce, copyright and patent regula- an election by fighting the Second Bank tion, issuance of a uniform currency, etc., of the United States and, in the end, he while reserving all other regulatory put a stop to its existence. Indeed, the power for the states. The system was states were usually on the offensive, re-constitutionalized by the 9th and 10th fusing to relinquish power to the central Amendments, which relegated all pow- government. Even after the Civil War, ers not expressly delegated to the federal states dominated the government. government to the states or the People. Today;federalism is dead. Believing

The combination of enumerated that only the power brokers in Washing-powers and federalism was a vital guar- ton know what is best for the nation as a antor of liberty in the nation. Federalism whole, as well as for each state, Congress is commonlly bru~hed off by academi<;s and the Supreme Court have colluded to as..merely providinga.means.of experi-- gr,ant tpeJ~~r~gqv,er~~n~,ne~~x flP:'i

solute power. A series of disingenuous and intent of the document. Unlike Roe, Court deci~ions follOWing Franklin D. which manufactured a right, Smith cur-Roosevelt's attempt to stack the Court, tails the explicitly protected right of free accompanied by Congress' desire to im- exercise of religion. The decision, hold-pose its will on the nation, have destroyed ing that NafiveAffierica:ns may beb'artetl constitutional limitations on federal au- from the religious use of the hallucino-thority. genic drug peyote, states that no excep-

But those actions, of course, were not tions from laws which make certain reli-taken perniciously; both the Court and gious acts illegal may exist. Hence, a Congress had only the best of intentions historically well-rooted right which de-when they slew federalism and ruptured fended religions from the government's the limits of enumerateq powers to enact tyrrany is now meaningless. the New Deal. Congress, In Roe and Smith, as in FOR, and the Court believed hundreds of other cases, the that federalism had become People's governing docu-an impediment to desirable ment has been discarded for social policies. Federalism, the personal preferences of then, died for the" good" of the Court. Major alterations the c()untry. of the law should be under-

Alth~ugh temporarily taken by the People - via pushed back by the Reagan amendment. Judicial activ-Revolutionr the march of ism cuts both ways, but it centralization has hastened always undermines the no-under President Bush - of . tion that ~~ ar~ a ~?vern~ . course, for the "good" of the country. ment of laws, rather than people. . ,. Meanwhile, our politicians remain oblivi- Paternalism's grasp continues to ous to the massive decentralization of ti!i~nd3"Olitical rights are now strongly power in Eastern Europe and the C.I.5. under attack - speech and academic The lesson of Communism is ignored. rights in particular are being challenged

Paternalism also challenged judicial by those who believe they know what is review. Ludicrous decisions based on best for the marketplace of ideas. Speech nothing more than the personal morality codes have sprung up on campuses across of judges have repeatedly eroded self- the nation - at Stanford, Brown, Berke-government. As enacted in the Constitu- ley, Cornell, Ohio State, and others -tion. judicial review allows courts to pro- which bar "offensive" speech directed at tect fundamental freed oms from the a litany of groups who supposedly need whims of legislatures. Often judicial re- protection from the rigors of the market-view fulfills that function. For example, place of ideas. the case of Doe v. University of Michigan Such codes are both unconstitutional (1989) determined that a speech cOde and unwise. Luckily, the Courts have which severely limited students' speech sided with individual freedom on this was unconstitutional. Many decisions front, and struck down many attempts to dealing with the rights of the accused, regulate speech. The tide has also turned racial discrimination, and First Amend- against "political correctness" and its sti-ment rights have defended the rights of fling influence, demonstrating that citi-citizens against popular sentiment. zen action can defeat paternalism.

In contrast, some decisions are inde- Other isolated victories over pater-fensible affronts to democracy. For in- nalism exist, including Michigan Gover-stance, Roe v. Wade has no defensible nor John Engler's fiscal poliCies and ba~is in the history, text, precedent, or Reagan'S "New Federalism." The price original intent of the Constitution. Such of liberty is eternal Vigilance, and the issues as abortion are left unanswered by battle to maintain the foundations of lib-our national charter and should be left to erty, must be fought every day. Thomas the states, as mandated by the 9th and Paine put it best when he wrote: "These 10th Amendment, or dealt with by Con- are the times that try men's souls: Tyr-stitutional amendment. Yet the Court's anny, like Hell, is not easily conquered; belief in what is best for the country has yet we have this consolation with us, that obliterated such recourse. the harder the conflict, the more glorious

Although most of its decisions are the triumph." sensible, the current Rehnquist Court is --------------not immune from the excesses of pater­nalism. The Court's recent Smith deci­sion is as indefensible as Roe, since it also disregards tlJ~ Ns~Ory'i ~~ft,pr~edent,

Michael David Warren, Jr. is a third­year law student and Vice President of the Federalist Society.

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14

Exclusive Aid

Crmtinued From Page 1 race, color, or national origin, and the courts have taken the legislation on its word. Universities, nearly all of which receive federal funds, are going to be frustrated by judicial adherence to the letter of the law as they expand their efforts to favor students, mainly blacks, on the basis of their skin color.

According to Norman Chachkin of the NAACP Legal Defense and Educa­tion Fund, which filed a brief on behalf of UMCP in Podbertsky, the ruling creates an "unworkable standard, because what it does for an institution is say that they have to be ready to drop everything and run into court" every time someone chal­lenges a rac~xclusive scholarship.

Furthermore, says Chachkin, the de­cision does not rely on precedent. For example, the decision relies on University of California Regents v. Bakke, which ruled that past discrimination must be demon­strated if preferential treatment is to be given to minorities in the admissions process. According to Chachkin, because the Bakke decision concerns admissions and not scholarships, and because it al­lows some consideration of race in the admissions process, "the rationale of Bakke is not applicable."

Another important case cited in Pcdberesky is City ofRkhmond v. I.A Cra;cm Co., which ruled that the city of Rich­mond, Virginia, could not set aside thirty percent of city subcontracting work for minority-owned firms without showing any evidence of discrimination in the Richmond construction industry. Again, Chachkin argues that this case is not applicable because it concerns construc­tion and not university scholarships. ,

The Fight Spreads Sarnp rejects Chachkin's reasoning.

"The Supreme Court has never ruled in any case that racial classifications are anything but susped,"he said. Sarnp is now suing the Department of Education (OOE) for allowing colleges to continue to offer rac~xcJusive scholarships for at least the next four years. Samp is suing on behalf of seven white college students who claim that the DOE's inaction forces them to suffer racial discrimination. He argues that it is inconsistent for the DOE to find that rac~xdusive scholarships violate Title VI of the Civil Rights Act of 1964, yet refuse to take action against universities that offer them.

The DOE, however, daims that a four-year moratorium is only fair to let the current class of freshmen get through school without suffering from a change in the rules. Samp seems to think other­wise. '1 think this four year rule is indica­tive of the attitude on the part of 'the administration that this is a troubleSome issue and let' 8 not ad<ireM it" .. :, : ~ ~ ;,;

. THE MICHIGAN REVIEW March 18, 1992

\:: ~ \ty'?"

Although the DOE's Office of Civil a race--exclusive scholarship. The num- According to Sowell, universities Rights (OCR) tacitly allowed UMCP's bers are arguably small, but the impor- which are more concerned with quotas 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 Williams issued an order barring feder- away from smaller colleges where they ally-funded colleges and universities Quotas and Victims could do well. These universities then from giving rac~xdusive scholarships. A pOSSible solution for universities watch minorities drop out in large num-

Williams, who is black, received a that want tohelp underprivileged mi- bers, discouraged and with no degree. great deal of criticism for his order. Ted norities while avoiding the pitfalls of Certainly providing support to minori-Weiss, a white congressman from New trying to prove present discrimination ties in universities and working to allevi-York, speculated that one of Williams' might entail transforming their minority ate the problems in schools and neigh-white aides wrote the order instead of merit-based scholarships into need- borhoods are possible solutions, but the Williams himself. Wil- based scholarships. The former does not appear to be working, Iiams denied the allega- assumption behind such and the latter does nothing for students tim and commented "that an alternative is that ra- who are already through the system and the white boy runs the of- cial discrimination prepared to enter college. fice and the brother lets against a student or his Another problem, at least for many him is offensive to me and family would be reflected liberals, is thatthis solution would in racist at best." Office of in income and his par- effect concede the argument that asser-Civil Rights ExecutiveAs- ents' resources, and con- tion of harm from discrimination is not sistant Deborah Burstion-- sequently in his economic enough, and that the existence of prior Wade is still fuming.over need. Economic discrimi- discrimination must also be proven. This Weiss' remark. She notes nation thus becomes re- strips viciim-status from . many privi-that Weiss, a liberal Demo- . mediable without resort- leged minorities who are disproportion-crat, and other white lib- . Charles Moody ing to racial discrimina- ately the beneficiaries of government ac-erals who attack black conservativeSa5 tion. Indeed, Samuel Podberesky argues tion on behalf of their respective groups. race--traito~,:at1aLJncle Toms, "show that that need-based scholarships designed For example, when a uriiversity of-

. racism knows no political leanings." . . to remedy discrimination are perfectly fers a scholarship based on academic Ironically, if was not a coalition of defensible. merit and only allows blacks to apply, it

powerful liberals who stifled Williams, An obvious problem with this solu- often 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 Education, Lamar Alexander. Alexander with similar financial need must ooI'fi- dearly suffered from discrimination, al-completely rescinded William's order pete for limited funds, scholastic records though that is the scenario many imag-two days after taking office. Neverthe- must be compared in some fashion in ine. Instead, it often helps the upper less, it does not look like the issue is going order to decide how to allocate the lim- middle class black student from New to die. If Samp's DOE lawsuit is success- ited funds. Insofar as many minorities York who attended a private prep school fuI, universities nationwide will either have weaker educational backgrounds and has professionals for parents. It have to revamp their scholarship pro- due to poor schools, poorly educated should come as no surprise that, whether grams, or show proof that minorities still parents, and crime-stricken communi- through heightened group consciousness suffer from discrimination. ties, they may be disproportionately or shrewd self-interest, the latter student

Race Ilxclusive Scholarhips at the U-M According to a press release from

U-M Provost and Vice-President for Aca-demic Affairs, Gilbert R. Whitaker, Jr., no scholarship of financial aid programs at U-M would be affected by changes at DOE. This is because race-exclusive scholarships are still legal if they go to disadvantaged students or are designed to contribute to the diversity of the stu­dent body. But a pursuit of diversity, argues Samp, must not be targetted solely at expanding black enrollment, but other types of students as wen. Furthermore, any diversity program designed to ben­efit blacks to the exclusion of whites will still come under strict scrutiny from the courts.

Charles Moody, U-M Vice-Provost for Minority Affairs, believes the excite- . ment over rac~xclusive scholarships is misguided. "When you look at all of the financial aid that goes to students of color, it is a very small percentage of the total," he argues. Furthermore, a survey by the American Council on Education found that 96 percent of the 1.3 million minority students in four-year colleges do nOt have

passed over in favor of whites with is the one most likely to vociferously equally low incomes but better schools protest the attempt to make need a pre-and safer neighborhoods. requisite for aid designed to counter the

The implicit assumption that under- effects of racial discrimination. lies both this argument and the general By requiring evidence of a wrong argument that academic standards at before allowing'remedies, Podberesky may universities should be lowered for mi- be significant, not just due to its legal norities to counter the effects of poor ramifications, but due to its support for schooling, however, is that once in the the principle of verification of claims in university, these students will do just debate. When dealing with issues like fine. As economist and race policy ana- race, gender, and other controversial top-Iyst Thomas Sowell argues, though, this ics, it is important not to give in to the is an erroneous aSsumption. Accepting temptation to establish facts by assertion the fact that minorities are dispropor- and shaky inference rather than evidence. tionately disadvantaged in their scholas- This temptation seems to be accompa-tic education necessarily means accept- nied by the urge to silence those for whom ing the corollary that minorities are dis- assertion is not enough to establish truth, proportionately ill-prepared for those as evidenced by speech codes at the U-M universities that lowered academic stan- and other universities. If we accept the dards in order to accept them. possibility that contemporary legal rea-

We cannot decry the clear effects of soning in some fashion reflects the intel-discrimination against minorities and lectual climate of a society, Podberesky· subsequently ignore these effeqs when it may indicate the beginning of a welcome comes to the university admissions pro- return to rationality. cess. The result is a hIgh college drop-out rate for minorities as many are accepted Tony Woodlief is a graduate student in into universities for which they have been political science and a staff writer for inadequately prepared and are told, in the Rwiew. effect, to sink or swim. ' '. . ----------------

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March 18, 1992 THE MICHIGAN REVIEW. 15

' .~

Sports '.~

" tt""

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 mid-80s, 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£ "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 ma­

chine. 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 II defen­sive" defenseman or two, they will have a hard time getting out of the Smythe division.

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 com­

pletely 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.

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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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.

Answers to Crossword Puzzle

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16 THE MICHIGAN REVIEW March 18, 1992

U-M Snuffs Out NORML ~ ~'iJ' ,~"

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 per- Straub,"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 restric- to 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 adminis-however, when NORML allied tration has proposed is the big-with the American Civil tiber- gest crock yet," said Brook. ties Union (ACLU) and success- uSwain won't talk to us about fully 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·

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 an- they 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 re-during 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 Informa- court. 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 her-rallies, no mention of such a form was self to contact SODC "because of prob-made," said IBrook. lems with personal safety of persons in

Asked whether NORML had been attendance in farner years and also prob-singled out by the administration and lems with property distruction (sic)," ac-required to sign a special form, Swain cording to her message to Straub. replied that such criticism is "specula- Swain affirmed in a phone interview tion" and refused to comment further. that the University is "concerned about

1t is obvious that NORML has been the previous history of criminal activity singled out in some ways if not others," and property destruction" that allegedly said Brook, "because Swain's memo accompanies I

didn't say that no group was to be given Hash Bash. the Diag on or about Hash Bash time; it Oddly, how-Specified NORML n ever, she was

This year, following Johnson's disin- unable to give genuous lead, Swain instructed SODC even one spe-not to accept NORML's application long cific example before it even applied. NSODC did not of property de-even take the application," explained struction di-Brook. "Their action makes refusing us a redly result-permit seem generous: this time around, ing from NORML's recent rallies. "All they wouldn't even consider our re- you 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 Comrnis- neither 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 sorx:: 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-

thing. If there was property damage or eration. NORML cannot rightly be personal injury, it would have been ac- deemed fractious because of the annual ceptable, in my mind, to tell us even as frivolity of Hash Bash, nor can it be held late as when when we applied for our accountable for the Bash's consequences, next permit. Not only hasn't the U-M since the NORML rally and Hash Bash approached NORML, but neither has the are two distinct and independent events. 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 even contacted the U-M," he said. occur that NORML wouldn't like to have

"They've had ample time to accuse happen anywhere at any time," reflected us, but they haven't. Brook. What the U-M is doing is ,~, ,) According to Brook, very inconsistent. If the : { moreover, NORML at-U-M would prOVide us ' '- tempts to be as circum-with information show- spect as possible, espe-ing that there has been a cially during public ral-problem, we would take lies. "When 8,000 people steps to solve it, includ- show up for Hash Bash ing working with the De- and 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. Regard- everything we bring leaves with us, and less of whether NORML ultimately.,~d~we even try to do some extra cleaning. proves itself to be a destructive element The U-M could plan ahead to provide or an innocuous occasional occurrence, extra garbage cans, since Hash Bash will Swain's evidently uninformed state nev- happen with or without NORML," Brook ertheless compels one to wonder on what said. tangible grounds she instructed Straub Brook consequently has trouble tak-to shun NORML ing seriously the allegations of criminal

Perllaps mae intriguing is that Swain behavior often laid at NORML's door-could 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 secu- have repeatedly and explicitly asked rity. Lieutenant Vernon Baisden of the people not to consume marijuana - for department of Public Safety and Security their own safety. The U-M now has its agreed that there is "no evidence that own police force that can enforce Michi-would implicate anyone group of gan law, which is much more strict than people," although he added that the "ar- Ann 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 problems. "There has been malicious de- encourage responSible behavior. So

struction 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. the Diag area, When confronted with Brook's analy-and the par- sis, 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 gam-fashion," he boling about the Diag like so many in­

Brook answers that the U-M is wrongly blaming NORML for the de­structive riots which followed theU-M's 1989 NCAA basketball championship.

Referring to the ills allegedly result­ing from the NORML/Hash Bash syn­ergy, Swain could only comment, "They all occur together.H While her lack of evidence against NORML itself may seem trivial, it is actually an important consid-

_~~TF'.~-ti'jj'" li

toxicated brutes, the blame should not fall on NORML; and even supposing that it should, the solution ought not entail the coercive, deceitful tactics recently elW ployed by Swain.

Adam DeVore is a junior in philosophy and Spanish and the Editor-in--OUef of theRt'Oiew.

March 18, 1992 THE MICHIGAN REVIEW 17

Book Review ~, ,~~ ,'t ·

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

by Shannon Pfent According to John Bunzel, former

President of San Jose State University and currently at the Hoover Institute at Stanford, anger, misunderstanding, and frustration characterize the state of race relations on college campuses today. The inability to successfully strike a balance between color "consciousness" and color "blindness" cuts both ways. Race Rela­tions on Campus: Stanford Students Speak examines the character of black-white race relations at Stanford.

In his book, Bunzel probes the ques­tion of whether or not a "new racism" exists on college campuses. Fifty-four undergraduate students, 24 black and 20 white, participated in a series of i.JHlepth interviews during the course of the 1988-89 academic year. Bunzel also mailed a nine-page questionnaire to a large, ran­dom sample of Stanford seniors, utilized information from a report of the Stanford University Committee on Minority Is­sues, and held informal group interviews with students.

Bunzel does not provide a conclu­sive analysis of the nature of the prob­lems between the races, but rather facili­tates an intellectual discusslon of the ex­istence and prevalence of the proposed "new racism" on college campuses to­day. He begins by presenting an over­view of his study, along with evidence of racism on college campuses and a brief discussion of Stanford students' opin­ions on racial issues. Then he focuses on an incident at Stanford that sparked con­troversy about racism there. .

The incident, which Bunzel spent eight weeks investigating, occurred in an African-American theme house called Ujarnma. Some undergraduate students were discussing Beethoven when one black student claimed that Beethoven had African origins. The discussion grew more heated when the same student said that all music had African origins.

Later that night, two intoxicated white males who had participated in the discussion hung a poster of Beethoven, altered to give the composer black fea­tures, on the aforementioned black student's door. An onsJaught'~ ,rctdally . insensitive events followed;-induding the . appearance of both anti':'white and .mtj.,.. black propaganda/andtr~,ated

, - --.• ,,- - .... ..- - - - .. - " ............... "- ""'1- ,- _

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 whites and minorities is the primary sub­ject of his book. The reader can gain new insight into race relations through the balanced discussion Bunzel facilitates.

Bunzel acknowledges no Single, working definition of racism or "right" opinion on such sensitive issues. In a cautionary note, Bunzel goes on to say that terms like "subtle" racism or "sub­conscious" racism are problematiC be­cause it is both difficult to show how someone tan be racist without having racist motives and even more difficult to justify-oneself as having the authority to drawosuch a conclusion. His exploration of this issue will enlighten readers who may not have previously recognized the ambiguity of such terms.

One conclusion the author offers is that "racial tensions are as much a result of perceptions as of reality." Illustrative of this conclusion is Bunzel's observa­tion that while 30% of the blacks and 5% of the whites interviewed or questioned reported first-hand experiences with rae-

the prevalence or validity of reverse rac- ism, the actual percentages of those ism, opinions on black separatism or iso- people who said they had experienced lationism, the importance of analyzing racism was much higher. Bunzel sug-relations on a personal rather than a group gests that "too often, 'racist' is simply level, and the distinction between vari- wielded as a harsh accusation, as if ver-ous definitions for race-related issues or bal abuse were a substitute for thought terms. and analysis."

For example, individuals differed in Bunzel finds, ironically, that colle-their opinions of who can be labeled rac- giate programs intended to promote ist and whether it is more important for multiculturalism and to facilitate under-an individual to be color "blind" and not standing of people of color have very make racial distinctions, or to be color often led to a racially divisive environ-"conscious" and attach significance to ment on campus. the differences between the races. In the interviews, white students are

The construction of the book itself, often frustrated with a largely black in-which includes excerpts from interviews, sistence on black isolationism or black highlights the differing interpretations separatism. They expressed a lack of blacks and whites have of terms like rac- understanding as to why blacks are so ism and discrimination. In general, isolationist in establishing and uphold-Bunzel notes that students agree that ing black pride. Opinions which label there seems to have been a movement whites as unable to empathize with black away from the "redneck racism" of the history frustrate and anger many of them. past toward a "new racism" often de- Blacks are equally annoyed with a scribed as "institutionalized," "subcon- seemingly ongoing tradition of discrimi-scious" or "subtle." Students' opinions nation and lack of equal power and ,stu-as to which of these terms best describe dent representation in what they say is a racism 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 . , control the levers of power' canappr~ ~" p~de is best upheld by s~paraijSm. AI~ ., priately be called racist/'Thus,J,~whjt~'i thQugh some feel that their 'W1Jtt,~ ~o~n-h racism" is a redundant term. More mOd- , tetparts can, empathize with~~rn to;!~:',' ellate:bl.lKk studetlt&.said~Uud'fa¢im~i6. :!d~ee ~h\.lJl\AAJ~,~i~i.Qthe~s 5c~ff ilt

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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 . t .A ,.:t ) .. ' ~ " ~, . r '" A . j ..; •. ~/" " <''!"'~~ "'->mv ... ;:.,J a' f!t ,· ,\. i. ·;"~ l ' ,~,,; <:'Ji:ni.n,] ir'''{'

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18 THB MICHIGAN REVIEW. 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-

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

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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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 aT or 40 of tired and formulated corporate pooh.

The Origin will perform at the In­dustry in Pontiac on Monday, March 23.

Afghan Whigs Congregation Sub-Pop

The latest Sub-Pop powerhouse hails not from Seattle, but Cincinnati. Afghan Whigs have taken their cool name and a million comparisons to the Replacements and Dinosaur Jr. and churned out Con­gregation, which ought to garner them

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

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.

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

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.

The Storm The Storm Interscope Records

If you really, really miss the mid-1980s 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

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.

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March 18, 1992 THE MICHIGAN REVIEW

'S

Music Review \(i.

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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

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 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.

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."

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.

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.

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.

Frank Grabowski is a sophomore in LSA and a staff writer for the Review.

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

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.

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Crusty's Corner by Crusty Muncher

19

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

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White Zombie'S Rob Zombie

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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