One h undred tenye rsofeditorlfredm NEWS: 76-DAILY CLASSIFIED: 764-0557 wwwmichigandally.com Monday February 19, 2001 5 _ 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 highly anticipatedk trials on the nDiO future of affirma- O N R t A t Live action in higher education. It was a some- , what anti-climac- 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 decision. 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 Kolbo. "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 said. 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. Bollinger approves ___ eew labor standards 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 in September. 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 Record crowd ills Diag for Kiss-In event 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 SAM HOLLENSHEAD/Daiy Wihutat-gyPelps, 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 clergywoman. 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- sexuals. "I'll be there next time," he said in a telephone interview - yesterday. About 15 other protesters, including his daughter, Margie, came from Kansas to protest the gay pride rally on the Diag. 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 given. "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- computer software .edu, any student mail account will be rd e-mail from any world with a Web t access. ail, my.umich offers access to classified ads, a customizable personal calendar and list of favorite websites. 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- ments difficult. "When people send me pictures it is hard for me to see them," said Stephanie Bonner, an Engineering freshman. 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. r +"p ~