Ninety-eight years of editorial freedom
Vol. XCVIII, No. 46 Ann Arbor, Michigan - Thursday, November 12, 1987 Copyright 1987, The Michigan Daily

Reagan nominates

new

judge

to Court

-Associated Press
Remembering
Vietnam veteran Tim Groff of Lancaster, Pa. weeps as he stands before the statute of three soldiers at the
Vietnam Veterans Memorial in Washington D.C. yesterday. See story Page 5.
Officials look into phys. ed. class

By The Associated Press
WASHINGTON - President
Reagan, saying he was "a bit wiser"
after two failed attempts to put a
hardline conservative on the
Supreme Court, picked federal ap-
peals judge Anthony Kennedy for the
bench yesterday and dropped his par-
tisan attacks against the Democratic-
run Senate.
Reagan said Kennedy, 51, has
earned a reputation as "a courageous,
tough but fair jurist" in his 12 years
on the 9th Circuit Court of Appeals
in San Francisco.
"He's popular with colleagues of
all political persuasions," Reagan
said. "And I know that he seems to
be popular with many senators of
varying political persuasions as
well."
KENNEDY is considered to be
a moderate conservative, less
ideologically rigid than Reagan's
two earlier nominees, Robert Bork,
who was defeated by the Senate, and
Douglas Ginsburg, who quit after
revealing he had smoked marijuana.
Sen. Joseph Biden (D.- Del.),
chairperson of the Judiciary Com-
mittee that will handle the nomina-
tion, said "Kennedy seems on the
surface like a mainstream conserva-
tive justice whom I can support, but
I'm going to withhold final judge-
ment until I know a lot more about
him. Obviously, we have learned
that it's not wise to be hasty in
these nominations."
A GRADUATE of Harvard
Law School and resident o f
Sacramento, Calif., Kennedy was
named to theappeals court by
President Ford in 1975.
Kennedy has written opinions
upholding capital punishment, the
legality of paying women less than
men in comparable jobs and the
Navy's policy of discharging sailors
who engage in homosexual conduct.
In his most highly publicized de-
cision, later upheld by the Supreme
Court, he struck down t h e
"legislative veto" by w h i c h
Congress limited power in the exec-
utive branch.
THE NEW CHOICE drew
favorable comments from
Democratic and Republican senators
from across the political spectrum.

Sen. Donald Riegle (D-Mich.)
said he was encouraged by Reagan's
choice of Kennedy.
"I hope to support the nomina-
tion," Riegle said.
However, Riegle added, "I will
reserve a final judgement until there
is a full examination of his record
and the committee hearings have
taken place."
Riegle and Sen. Carl Levin (D-
Mich.) voted against Bork, citing his
record on civil liberties issues as the
reason for their objection.
MINDFUL of the problems
he's had for more than four months
in trying to fill the court opening,
Reagan said he would not actually
submit Kennedy's nomination until
completion of a full-field FBI back-
ground check, which could take
weeks.
Among other things, FBI agents
looked into Kennedy's onetime
position as a lobbyist for liquor dis-
tillers and opticians. White House
Chief of Staff Howard Baker reported
to Reagan yesterday morning that no
problems had cropped up in
Kennedy's past, and the announce-

ment was hurriedly arranged.
And, in a conciliatory tone after
months of tough rhetoric, the presi-
dent abandoned his earlier promise to
give the Senate a nominee that
"they'll object to just as much" as
Bork, his first candidate, who was
rejected on a 58-42 vote.
"Sometimes you make a facetious
remark and somebody takes it seri-
ously and you wish you'd never said
it."
The president announced
Kennedy's selection in a nationally
broadcast appearance in the White
House briefing room, accompanied
by the judge, his wife, Mary, and
their three children.
THE CHOICE appeared to be a
clear effort to end a politically
embarrassing episode for Reagan,
who once said that winning Bork's
confirmation was his no.1 domestic
priority.
Abandoning any pretense of the
confirmation with the Senate over
filling the vacancy, the president
said: "The experience of the last
several months has made all of us a
bit wiser."

Profs. say nominee
to face close inquifry

By MARTHA SEVETSON
University officials are
investigating allegations of cheating
and lax attendance standards in an
upper level Physical Education class.
Theinvestigation, initiated in
October, has consisted of discussions
with teaching assistants, instructors,
and students involved in the course.
The allegations appeared in the
September issue of the Ann Arbor
Observer.
Keith Molin, University vice
president of communications, said
preliminary findings suggest some
of the allegations are false. Molin
would not elaborate on the
investigation.
He said the final report will be
available in several weeks and the
University will issue an official
response to the allegations at that
time.
The article, a first-person account

of a semester in P.E. 402, depicted
the class as a facade for academics, in
which athletes chatted casually with
coaches, cheated openly on tests, and
rarely showed up on time, if at all.
Scott Shuger, the article's author,
concluded that "when even highly
regarded athletic programs like the
U-M's can lose track of academic
values so completely, both the
schools and the athletes themselves
have some real problems."
Shuger declined to comment on
the investigation.
Athletic Director Don Canham
said no one has visited the class
during the investigation or spoken
with him. "I think the whole thing
is ridiculous," he said. "There was
no cheating whatsoever."
Associate Vice President for Aca-
demic Affairs Mary Ann Swain said
the evaluation procedure is the same
process used whenever students or

faculty members challenge
University courses.
But Molin said a broad-scale
investigation would not be conducted
in most cases. "You can't be
running out making full-scale
investigations every time," he said.
The allegations in this case were
serious enough, said Molin, that
"out of respect to the professor, you
have to establish the veracity of
these charges. If we find they are
unfounded, we have a responsibility
to let that out."
Director of the Division of
Physical Education Dee Edington is
supervising the investigation.
Edington reports only to the vice
president for academic affairs, the
result of a reorganization that re-
moved the department from under the
School of Education three years ago.
Edington was not available for
comment.

By ALYSSA LUSTIGMAN
Judge Anthony Kennedy,
President Reagan's latest Supreme
Court nominee, will face less
opposition, but closer scrutiny, than
his two failed predecessors, said
some University professors.
"He has all the attributes prized in
a good judge - he's fair-minded,
conscientious, and he never shoots
from the hip. Every decision he
makes is done with extraordinary
care," said Leo Katz, a University
law professor.
Katz, who clerked for Kennedy at
the U.S. Court of Appeals for the
Ninth Circuit, said he was excited
about the nomination, and would be
"outraged" if it Kennedy was not
confirmed.
Experts also predicted the
confirmation process will not be a

quick - one. "After Bork and
Ginsburg, everybody is going to get
closer scrutiny, and have a lot more
problems than they used to have,"
said Fred Schauer, a professor of
constitutional law.
"The nomination process will
depend on how upset the Senate
Judiciary Committee is," said
Political Science Prof. Paul Warr.
"The stakes are awfully high. I
don't think that the members of the
Judiciary Committee are going to let
Kennedy get by without 'a fight or a
serious review," he added.
Kennedy's 12. years as a n
appellate judge give him some
experience that former nominee
Douglas Ginsburg, with one year on
the bench, did not have.
See KENNEDY, Page 3


Student
By ANDREW MILLS
The Students First party is
campaigning for .the Michigan
Student Assembly on a platform of
experience. This version of the party
is not much different from the
Students First party that swept the
assembly elections last March.
"We believe in the same sort of
issues the party believed in last
year," said LSA candidate Hillary
Farber. Among those issues are a
staunch opposition to the proposed
Eections 87
code of non-academic conduct and a
commitment to fighting campus
racism, sexism and classism.
One of the few conflicts in the
election is over the breadth of the
assembly's focus. While some

First stresses

parties advocate limiting MSA's
scope to campus affairs, Students
First, echoing a pledge of Students
First heard last March, is committed
to addressing both campus and non-
campus issues.
"We don't live in a vacuum,"
Farber said. "If we're fighting racism
on campus, we're fighting racism in
South Africa."
LSA candidate and current
assembly representative Zachary
Kittrie said constituents he has
talked with were very supportive of
assembly actions on non-campus
issues, such as the establishment of
sister university ties with the
University of El Salvador.
Students First, the largest party
in the elections, is hoping to ride the
wave of experience into the
assembly.
The party boasts five current
assembly representatives on its slate,

and they are stressing the
involvement of its other candidates
in diverse campus organizations.
"Students First is unique because
we have the sort of people on our
party who are active in organizations
on campus," Farber said. "The
experience comes first."
Kittrie said, "We know how to
work with MSA. We know how to
get things done. Our people are
already on MSA committees and
doing things," he said.
Farber added that through
involvement in other organizations
such as the United Coalition against
Racism, the Residence Halls
Association, and the Asian American
Association, Students First
candidates will be able to bring a
wide range on experience to the
assembly.
The Students, First party is
advocating the creation of such

ability
positions as a student regent and a
student liaison between the city and
the University in order to put
students in decison-making
positions. "We want to empower
students to have a voice" on key
issues, Farber said.
LSA candidate Jennifer Kohn said
that in these elections, there is a
problem of student awareness. While
campaigning in fraternities and
sororities, she said she has to
publicize the elections as well as the
Students First party.
The original Students First party,
led by current assembly president
Ken Weine, was swept into the
assembly in a landslide election last
March. Under the assembly's
constitution, to re-use a party name,
a party must obtain the support of at
least half of the people who ran
ander that name in the previous
election.

Doily Photo by JOHN MUNSON
Students First candidates Hillary 'Farber and Zachary Kittrie, 1-r,
discuss issues in the upcoming Michigan StudentdAssembly election. The
election will be held next Wednesday and Thursday, Nov. 18 and 19.

Lawyers accuse Israelis
of mistreating Arabs

Ortega renews offer

By DAVID SCHWARTZ.
The Israeli government commits
"crimes against humanity" in its
treatment of Palestinians living in
Israeli-occupied territory, said two
practicing lawyers in the West Bank

who also defends Palestinians in the
occupied territory, said, "In the West
Bank and the Gaza Strip, a
Palestinian can be arrested for 18
days with no court. For 18 days,
they don't have to tell you where he

to hold peace
By The Associated Press gan's charge
WASHINGTON - Nicaraguan ence on Mor
President Daniel Ortega declared "nowhere ne
yesterday his government is fully tions.
committed to complying with the An overf
Central America peace agreement and main meetin
he renewed his offer to hold peace quarters. In t

talfts
before the same audi-
iday that Nicaragua is
ear" meeting its obliga-
flow crowd filled the
ng room at OAS head-
the standing-room-only

INSIDE
Soviet leader Mikhail Gorbachev's
condemnation of Joseph Stalin
warrents support.
OPINION, Page 4
Run DMC raps its way into Hill
Auditorium tonight.
ARTS, Page 8

I ql - 1