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Monday
November 12, 2001

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Recount of

Eta.

ballots

favors Bush

LESLIE WARD/Daily
University President Lee Bollinger and Music School Dean Karen Wolff cut a ribbon commemorating the 65th anniversary of Burton Tower on Friday.

Gore might have won
a statewide recount, but
his own legal strategy
would have led to defeat
The Associated Press
A vote-by-vote review of untallied
ballots in the 2000 Florida presidential
election indicates George W. Bush
would have narrowly prevailed in the
partial recounts sought by Al Gore, but
Gore might have reversed the outcome
- by the barest of margins - had he
pursued and gained a complete
statewide recount.
Bush eventually won Florida, and
thus the White House, by 537 votes out
of more than 6 million cast. But ques-
tions about the uncounted votes lin-
gered.
Almost a year after that cliffhanger
conclusion, a media-sponsored review
of the more than 175,000 disputed bal-
lots underscored that the prize of the
U.S. presidency came down to an
almost unimaginably small number of
votes.
The new data, compiled by The
Associated Press and seven other news
organizations, also suggested that Gore

followed a legal strategy after Election
Day that would have led to defeat even
if it had not been rejected by the U.S.
Supreme Court. Gore sought a recount
of a relatively small portion of the state's
disputed ballots while the review indi-
cates his only chance lay in a course he
advocated publicly but did not pursue in
court - a full statewide recount of all
Florida's untallied votes.
"We are a nation of laws and the pres-
idential election of 2000 is over," Gore
said yesterday in a prepared statement.
"Right now, our country faces a great
challenge as we seek to successfully
combat terrorism. I fully support Presi-
dent Bush's efforts to achievethat goal.
Said Bush press secretary Ari Fleis-
cher: "The election was settled a year
ago, President Bush won and the voters
have long since moved on."
Against the backdrop of the disputed
Nov. 7, 2000, election, the news organi-
zations set out earlier this year to exam-
ine as many as possible of the ballots set
aside as either undervotes or overvotes.
Undervotes involved about 62,000 bal-
lots where voting machines were unable
to detect a choice for any presidential
candidate,-while about 113,000 over-
votes were read by machines as possibly
See BALLOTS, Page 7A

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Feingld:

U.S. must

Georgia
forgoes
appeal of
lawsuit
From staff and wire reports
ATLANTA - The University of
Georgia Board of Regents has decided
not to appeal a court ruling declaring
the University of Georgia's race-con-
scious admissions policy unconstitu-
tional to the U.S. Supreme Court,
increasing the likelihood that similar
lawsuits against the University of
Michigan will determine the future of
affirmative action in higher education.
The case had been seen as a potential
vehicle for a Supreme Court ruling on
race-based admissions, but university
President Michael Adams said similar
admissions cases in other states may
fare better. "We understand the legal
posture and reasons for not going for-
ward to the Supreme Court with this
case," he said Friday. "But this in no
way means that the University of Geor-
gia's commitment to achieving diversity
has lessened one iota."
Ted Shaw of the National Association
for the Advancement of Colored People
Legal Defense Fund said "there is noth-
ing to be gained by appealing this case."
Under a 1978 Supreme Court ruling,
universities may not use racial quotas,
but may considler race as a factor when
selecting students. Lower courts have
interpreted that ruling differently.
Shaw said the issue will likely be
determined by the University of Michi-
gan cases pending before the 6th U.S.
Circuit Court of Appeals in Cincinnati.
Those lawsuits challenge admissions
policies at the University of Michigan
Law School and the College of Litera-
ture, Science and the Arts.
Liz Barry, deputy general counsel for
the University of Michigan, said she
does not believe the decision in Atlanta
will have any bearing on the Dec. 6
hearing before the appeals court.
"This decision has no direct effect on
our case in any sort of practical way,
because it's a different circuit and it was
just a decision not to appeal," she said.
"Winning in the 6th Circuit is where
we'll keep our intent and focus."
Elsewhere, the 9th Circuit Court of
Appeals has sided with an experimental
elementary school run by the University
of California that considered race, while
a 5th Circuit ruling led to an injunction
banning Texas universities from using
race as a factor.
In the Georgia case, a three-judge
panel of the 11 th U.S. Circuit Court of
Appeals ruled in August that the admis-
sions policy, which awarded race-based
points to borderline students, violated
the Constitution's equal-protection

protect civil liberties

By Louie Meizlish
Daily Staff Reporter

Sen. Russell Feingold yesterday defended - and drew
great applause for - casting the only vote in the Senate
against President Bush's anti-terrorism bill in the wake
of the Sept. 11 attacks.
Feingold (D-Wis.), addressing an audience of about
300 students and community members at the Michigan
Union Ballroom, stressed the need to maintain civil lib-
erties when the security of American citizens is in ques-
tion.
The legislation passed by Congress and signed by
Bush, he said, "upsets the critical balance between law
enforcement and big government and the need to protect
civil liberties."
Feingold equated the legislation with the Alien and
Sedition Act, the blacklisting of suspected Communist
sympathizers during the 1950s, harassment and surveil-
lance of Vietnam War protesters and internment of Ger-
man and Japanese Americans during World War II.
"Well tell them it's OK to violate the constitution for
four years and then stop," he said.
One example, Feingold said, is that law enforcement
officials, upon finding that a student who is not linked to
terrorism in any way violated one of the provisions of the
act, could then order the school's administration to let the
government monitor all the student's e-mail and tele-
phone calls.
The ability of the police to conduct warrantless
searches of residences without the owner's consent or
knowledge is also expanded, he said.
The fact that the law expires in four years does not jus-
tify passing it, he said.
In the speech, which kicked off his "college listening
tour," Feingold said his generation would be making a
mistake if it were "not to tap into the enthusiasm and
energy of young people" and that the generation of stu-

Organ donors
get new opt'ion

By Usa Hoffman
Daily Staff Reporter
A new advancement in organ dona-
tion enhances the quality of transplant-
ed organs and gives family members
more time to cope with the sudden ter-
minal brain injury of a loved one
before saying good-bye.
The new Extracorporeal Membrane
Oxygenation treatment, developed by
University surgeon Robert Bartlett,
gives surgeons and family members a
little more time by supplying organ tis-
sues with oxygenated blood. Other
techniques require a rapid cooling of
the organs to lessen the damaging
effects of oxygen depravation.
"In hypothermic situations there is
more of a rush, and the family isn't
taken into account. Time is not flexi-
ble," Gravel said. "Using ECMO, the
families are very much involved with
the whole process - the removal, the
declaration and post-ECMO. There is

no rush or pressure put on them."
The new treatment also broadens
the pool of possible non-heart beating
donors to people suffering from severe
brain injuries.
"There is a very small subset of
people who are almost brain-dead, but
don't meet the legal and medical defin-
ition, though they surely won't survive
without life support," said University
Hospitals trauma surgeon Glen
Franklin. "These are the people who
are going to die when the family stops
support. Families see the opportunity
to donate as a way to provide closure
and add meaning to their loss."
Typically in non-heart beating dona-
tions, a person must be declared either
brain-dead or dead by cardiopul-
monary means before the patient
becomes a candidate.
In the case of severely brain injured
patients, the brain still shows some
activity in a minority of neurons.
See DONORS, Page 7A

Sen. Russ Feingold (D-Wis.) addresses a crowd at the
Michigan Union last night.
dents in college today had warned of organizations that
exploited poverty and misery in order to become wealthy
and further their causes.
He said students had, to little avail, pointed out the dia-
mond trade in war-ravaged and impoverished Sierra
Leone and its connection to Osama bin Laden's al- Qaida
See FEINGOLD, Page 7A


Bush visits
WTC site
for Veterans
Da tribute
NEW YORK (AP) - President Bush,
touring the World Trade Center's smoking
rubble two months after suicide hijackings,
called on Americans to remember "the terri-
ble harm that an enemy can inflict" as they
reflect anew on the sacrifices of their mili-
tary.
In a Veterans Day tribute, the commander
in chief said attacks on New York, Washing-
ton and Pennsylvania deepened the nation's
debt to soldiers who fight abroad and police
and firefighters who serve at home.
"The great purpose of our great land ... is
to rid the world of evil and terror," Bush said
at a Veterans Day breakfast as he thumped
the lectern.
"Evil ones have roused a mighty nation, a
mighty land. And for however long it takes, I
am determined that we will prevail. And pre-

Real estate
major could
be offehred
By Kyleno Kiang
Daily Staff Reporter
Faculty members from the University's Business, Law, and
Architecture and Urban Planning schools will meet in January
to discuss adding a real estate certification program for the fall
2002 semester.
Open to graduate students in the aforementioned schools,
the program would require a student to take an additional term
to meet the requirements for the certificate, said Douglas Kel-
baugh, dean of Taubman College of Architecture and Urban
Planning. The real estate initiative was created in response to
growing student interest in the field.
"We've been receiving huge amounts of calls from students
looking for programs in real estate and sustainable develop-
ment," said Urban Planning Prof. Margaret Dewar, chair of
the real estate initiative committee. "We still have to go
through a lot of approval, so who knows what might happen.
It's still in a very early stage of gestation," Dewar said.
"We hope someday that the program will blossom into
executive education and possibly a small, full-degree pro-

AP PHOTO
President Bush and U.N. Secretary General KofI Annan view the World Trade Center site during a
Veterans Day memorial yesterday to observe the two-month anniversary of the attacks.

# Several hundred veterans, uniformed sol-
diers and police jumped to their feet and
filled a cavernous military armory building

day U.N. visit.
He met privately with the presidents of
South Africa, Argentina and Colombia before
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