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February 19, 2001
Law School case goes to judge
By Jon Fish
Daily Staff Reporter
DETROIT - With a fial promise to do
his best in delivering a decision, U.S. District
Judge Bernard Friedman rose from the bench
and walked swiftly to his chambers, ending
one of the most
trials on the nDiO
future of affirma- O N R t A t
Live action in
It was a some- ,
tic conclusion to a trial that has elicited an
array of emotions - from the somewhat dry
statistical analysis of admissions decisions to
the emotionally charged testimony of students
the decision will ultimately affect the most.
And it was students who filled the court-
room Friday to capacity, flowing outside to
the hallway where a picture of Ruby
Bridges, the first black child to integrate
her elementary school, hangs in celebration
of the 1954 Brown v. Board of Education
In drafting his decision, Friedman will
address the following:
* To what extent race is taken into
account when evaluating an applicant.
* Whether the Law School's use of race
creates a double standard that favors less-
qualified minority applicants.
E If race should be used to offset the
advantages white applicants may have in
evaluating standardized test scores and
grade point averages.
Each side had a final 45 minutes to plead
their case to Friedman in closing argu-
ments. "We believe, as we have from the
beginning, that no consideration of race can
ever be lawful and justified," began Center
for Individual Rights lead counsel Kirk
"It is straightforward and clear that race
is an enormous factor in admissions and (is
applied) in so pervasive and in such a sys-
tematic matter that it has yielded two dif-
ferent standards of admissions."
Kolbo continued to say that he was "sur-
prised at the extent (the University) wants it
both ways." The University, he said, seems
to argue that they have a system where race
is only one of many factors but also argues
race is so important that ending the use of
affirmative action would result in a devas-
tating drop in minority enrollment.
"They are pleading alternative facts ...
and they just can't have it both ways," he
University lead counsel John Payton reit-
erated the position that the University eval-
uates applicants on a case-by-case basis,
and that while race does make a difference,
it is not the trump card CIR has tried to
portray it as.
"We consider race as a factor in our
admissions process - we never denied it.
Does it make a difference? Of course.
We've never said otherwise," Payton said.
Payton also stressed the Law School's
dedication to diversity for educational ben-
efits. "We would not use race if we didn't
have to in order to obtain the meaningful
numbers (of minorities)," he said. "We are
in this to get the benefits of diversity."
Payton concluded his arguments by urg-
ing the judge to remember the role law
See TRIAL, Page 7A
embers of the University's legal team gather outside the
federal courthouse in Detroit after closing arguments in the
Law School admissions trial Friday.
By Susan Luth
Daily Staff Reporter
University President Lee Bollinger
tt week approved a new set of stan-
ds for companies who manufacture
University-licensed products. The code
of conduct will affect more than 500
existing deals the University has with
apparel, souvenir and office supply
companies, among others.
"We have rooted this in a concept of
human rights," Bollinger said at the Uni-
versity Board of Regents meeting Friday.
"The refiements of this code are based
on this generalunderstanding."
*The code was drafted by the Com-
mittee of Labor Standards and Human
Rights, an organization of professors,
faculty and students Bollinger formed
The group took a labor code that had
been drafted by a previous committee
in March 1999 and tweaked it to meet
the University's current standards.
"I'm pleased that the president took
recommendations," said committee
ir and Social Work Prof. Lawrence
Root. "I think the committee worked
hard. ... The code expresses the goal
that the University has:'
Members of Students Organizing for ABOVE: LSA
Labor and Economic Equality, said seniors Amy
Bollinger's acceptance of the code was Barber and
a major victory. Gina Chopp
"SOLE is pleased that after two years kiss Friday
we in the community at large could during the
come to this compromise;' said LSA Kiss-In on the
shoran and SOLE member Jackie Diag in front of
ay. "The committee acknowledged an anti-gay
very important differences between the protester
University's code and the other codes holding a sign
currently in use. We are glad to see the defaced by a
University has decided to stand by its cream pie.
own code" RIGHT: Zach
SOLE has petitioned for the Univer- Phelps-Roper,
sity to adopt a code with high standards 10, and his f-
ever since they stormed Bollinger's year-old sister,
ffice two years ago. Grace,
Bollinger said that with the accep- grandchildren
tance of this new code there must also of Westboro
be an understanding that the code is Baptist
only a first step. Church pastor
"This has to be thought about as an and anti-gay
ongoing process," he said last night. activist Fred
"We haven't gone through every step Phelps, hold
and I think it would be misleading the signs at the
community to think that this will solve rally.
all our problems.'
One area where he thought there
might be conflict was in the enforce-
*nt of the code.S
"To be candid, we're still figuring out S
our way on that," he said. "It can not be
a single university undertaking. It's got
to be a collective enterprise. That's why "
1 think other collective organizations
like the (Fair Labor Act and the Colle-
giate Licensing Company) and others By Louie Meizlish
are very important." Daily Staff Reporter
"But our first effort will always be to
*plement our code," he added. Starting tomorro
Root also thought that there might be able to access thei
problems with licensees adhering to the accounts via the Wo
code, and said the committee kept that viously, e-mail cou
in mind while drafting the standards. and sent using the k
The committee contacted almost 250 tem via telnet or
of the University's licensees, requesting such as Mulberry
their feedback to the development of Using my.umich.
the University code. Their responses with a University e-n
were considered while revising the able to read and se
code. computer in the
The standards only affect contracts browser and Internet
0 See LABOR, Page 7A In addition to e-m
a y re ns peaceful
ills Diag for
By Maria Sprow
Daily Staff Reporter
After anti-gay protesters announced tlheir intentions to
show up at Friday's Kiss-In rally on the Diag, the largest
crowd in the event's history turned out to show their unity
as well as their pride.
The Kiss-In, sponsored by the Office of Lesbian, Gay,
Bisexual and Transgendered Affairs, capped Queer Visibil-
ity Week, which began Feb. 7. The rally was chosen as the
week's finale to support and showcase queer affection.
"LGBT people are often unsafe displaying public affec-
tion. The Kiss-In provides visibility for that affection and
-... provides a safe place, said Katherine Severs, one of the
organizers of the event.
State Rep. Chris Kolb (D-Ann Arbor), the first openly
gay member of the Michigan Legislature, started the rally
by encouraging the crowd tocome out of the closet.
Kolb also announced plans to work on extending anti-
hate crime laws to include gay rights.
"We are not going to be quiet and we are not going to
go back into the closet," Kolb said. "Things are changing
and things are getting better."
Jim Toy, the founder of the first LGBT group in the
See KISS-IN, Page 7A
protesters Vocal but calm
By Maria Sprow
and Carrie Thorson
Daily Staff Reporters
Anti-gay activist Fred Phelps failed to show up to protests
this weekend after a month of rhetoric aimed at the Univer-
sity's Office of Lesbian, Gay, Bisexual and Transgendered
Affairs' Kiss-In and a local church's acceptance of a lesbian
Phelps, the pastor of Westboro Baptist Church in Topeka,
Kan., instead attended rallies in Oceanside, Calif., to protest
a new law prohibiting derogatory language towards homo-
"I'll be there next time," he said in a telephone interview -
About 15 other protesters, including his daughter,
Margie, came from Kansas to protest the gay pride rally on
Although peacekeepers from the community and Univer-
sity Department of Public Safety officers were present, they
were largely not needed. Protesters separated themselves
from the rally, standing in front of the flagpole at the north
end of the Diag.
Students adhered to the pleas for peace by the LGBT stu-
dents organizing the Queer-Visibility Week festivities.
"The best reaction (Phelps) can receive is no reaction"
said Kiss-In organizer Katherine Severs. Severs said she
was very happy with the lack of attention protesters were
"The rally is where the action is;' said Michigan Peace
Team member Abby Schlaff, an Ann Arbor resident.
Reverend Peter Dougherty, coordinator of the Michigan
Peace Team, said the rally was uneventful.
"It was kind of boring in many ways. There were a few
heated conversations at times," he said.
See PROTESTS, Page 7A
tudents to have access to
mich on Web tomorrow
All that jazz
In addition to e-mail, my.umich offers access
to classified ads, a customizable personal
calendar and list of favorite websites.
w, students will be
r University e-mail
rld Wide Web. Pre-
Id only be retrieved
text-based Pine sys-
.edu, any student
mail account will be
rd e-mail from any
world with a Web
ail, my.umich offers
access to classified ads, a customizable
personal calendar and list of favorite
Sunil Gopalan, a first-year Engineer-
ing graduate student, said although he
had gotten used to using Piae, my.umich
"could be useful for some people."
Some students complained that the
Pine system made receiving attach-
"When people send me pictures it is
hard for me to see them," said
Stephanie Bonner, an Engineering
Through myumich, students will be
able to download attachments directly
through their Web browsers.
See LABOR, Page 7A
Members of the Underground Jazz Quartet perform Saturday evening during
the variety show "Standing Room Only" at Mendellsohn Theater.
WEATHERNEWS ARTS SPORTSMONAY
39o Tonight Cold, hard cash Therirate of aggle'zDown and out
Low 30. The Michigan Student Assembly hands out funds to Lavinia Moyer stars in Performance The Michigan hockey team misses
Tomorrow the many student groups on campus, although many Network's trailer park resurrection its chance at a CCHA title with a 4-2
Mostly Cloudy. groups receive less than they hoped for. comedy, "Maggie Rose." loss to Michigan State.
.1 d ni Hgh36. Page 3A. Page 8A. Page 1B.
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