December 4, 2002
@2002 The Michigan Daily
Ann Arbor, Michigan
Vol. CXIII, No. 61
One-hundred-twelve years of ed/torialfreedom
clearing up late
prepares oral argument for Court
By Jeremy Berkowitz
Daily Staff Reporter
Only two days after the U.S. Supreme Court
agreed to hear two lawsuits filed against the Uni-
versity's use of race in
admissions, the Univer-
sity has already begun , DMISSION
preparing for oral argu- /ON 7AL/ \
ments, which will take
place next spring.
Counsel Jonathan Alger
said the focus of the University's arguments will
shift slightly to concentrate on the national
importance of the issues being discussed.
"It's important to note here that any decision in
these cases would affect private and public uni-
versities across the country" Alger said. "Once
you get to the Supreme Court level, you're talk-
ing about the national importance and the presi-
dential value that applies across the board"
The battle over the University's race-based
admissions policies began in 1997 when two
white applicants, Barbara Grutter and Jennifer
Gratz, sued the University claiming they were
rejected from the Law School and College of Lit-
erature, Science and the Arts, respectively, while
less qualified minority applicants were accepted.
Last May, the U.S. 6th Circuit Court of Appeals
upheld the Law School's admission policies, but
never ruled on the undergraduate case. In an
unusual move for the Supreme Court, it accepted
the undergraduate case before a judgment from
the appellate court.
The Supreme Court's decision means it will be
re-examining the 1978 Regents of the University
of California v. Bakke case, which said race
could be used just one of many factors in admis-
sions as long as quotas were not used. Over the
past 10 years, the 9th Circuit Court of Appeals
upheld the University of Washington's admis-
sions policies, which used race as a factor. But
the 5th and 11th circuit courts said similar poli-
cies at the universities of Texas and Georgia are
unconstitutional. Washington no longer uses
race-based admissions policies, since the state
passed a law making the practice illegal.
Because of the division between the lower
courts and structure of the University's case,
Alger said the University has been anticipating a
Supreme Court decision for five years.
"All along we've been prepared for this even-
tuality, and we've structured our case and our
legal argument with that in mind," he said.
But Alger said the base of the University's
argument regarding the necessity of diversity in
higher education institutions will not change.
"The centerpiece of the argument is the fact
that we consider diversity central to our educa-
tional mission and that it is beneficial to all stu-
Three months ago, in anticipation of a
Supreme Court appearance, the University hired
Maureen Mahoney, a veteran Supreme Court liti-
gator, to join its team. Alger said there are no
plans to add more attorneys to the staff.
The University went before the Supreme
Court in 1985 in the case Regents of the Univer-
sity of Michigan v. Ewing, regarding the role of
academic freedom. But both University spokes-
woman Julie Peterson and Alger said the Univer-
sity welcomes assistance from outside parties.
"It's obviously not an everyday occurrence,"
See LAWSUIT, Page 7
By Ted Borden
Daily Staff Reporter
It's that time of the year again. Shoppers are lin-
ing up outside stores in the early morning hours,
retailers have slashed prices on some popular
items and Santa Claus can be found in many malls
across America. The holiday shopping season is
officially underway, but this year, both retailers
and consumers are acting cautious.
"Sales have been a little slower than last year,
but we're still doing pretty good," said Matt
Keel, an executive team leader at the Target store
on Ann Arbor-Saline Road. "Business is picking
up right now. We're being pretty aggressive with
our price cuts."
Keel said he is optimistic about the holiday
season. Target and other retailers have reason to
be with many recent positive economic develop-
On an encouraging note, the economy is show-
ing more strength than it has in reent months.
Last week, the Dow Jones Industrial Average post-
ed its eighth consecutive weekly gain and its
biggest two-month increase in 15 years, due in
part to the release of positive economic reports.
Online shopping is having a banner year. Sales ,
not including travel, are estimated to be 40 percent
higher than they were a year ago, according to
ComScore Networks, which tracks online retail
purchase behavior. Overall, web-based sales are
expected to increase 15 to 35 percent this year,
according to analysts.
blamed for hate
By Dan Trudeau
Daily Staff Reporter
A report issued by the FBI last month
revealed that hate crimes against people
and institutions affiliated with the Islam-
ic religion rose from 28 in 2000 to 481
in 2001. The significant shift in these
statistics and a political environment -
charged with religious and racial tension
- have led to increased concern over
incidents of ethnic, religious and other
forms of intimidation on campus, the
Some students at the University felt
that while violence against Muslim stu-
dents is rare on campus, harassment and
intimidation are not uncommon.
"Overall the campus is a very sup-
portive place," Law student Ali Ahmad
said. "But it's like the rest of the nation
and at times a little more tense."
Ahmad added that there have been
several isolated incidents on campus
were Muslim students were harassed,
while praying, which has created an
U.S. Rep. John Conyers (D-Detroit), a
vocal advocate for stronger legislation
on hate crime enforcement, cited the
FBI report as a major reason why
stronger federal legislation on hate
crime prosecution is necessary. Conyers
called on fellow lawmakers to make the
proposed legislation a reality.
"If our nation is going to battle terror-
ism abroad, we must be willing to con-
front the domestic terrorism of hate
crimes, and that means a willingness to
make it a federal crime to harm or kill
someone because of their race, religion
or other factors. I am confident that we
have bipartisan majorities in both the
House and the Senate to pass such a law,
but we need leadership from the White
House to make this happen," Conyers
said in a written statement.
The University Office of Lesbian,
Gay, Bisexual and Transgender Affairs
also said that numbers of reports of
harassment and discrimination on the
basis of sexual preference on campus
have been higher this semester than any
semester in the past four years.
"The University is very concerned
about making things as safe as possible,
but there's always a problem no matter
where you are," LGBT Director Frederic
MacDonald-Dennis added that an
increase in reports may or may not signi-
See CRIME, Page 7.
A sale sign hangs in front of Bivouac on State Street as snow reminds passerbys that the holiday season is
Consumer confidence is also showing recovery.
The University's Index of Consumer Sentiment
rose for the month of November, increasing 3.6 to
84.2. Consumer confidence is viewed by many to
be an indicator of future consumer spending.
Still, Richard Curtin, director of the University's
Surveys of Consumers, noted that consumer
spending remains vulnerable.
"Although consumers viewed prospects for the
national economy somewhat more favorably, they
did not change their grim assessments of their own
financial situations," Curtin said in a statement.
Indeed, many Americans are planning to spend
less this holiday season. According to a USA
Today/CNN/Gallup poll, shoppers plan to spend
an average of $769 this year, down from the
average of $820 last year. This is the fourth
decline in four years. Overall, 24 percent of
those polled said they would spend less than last
See RETAIL, Page 7
Cold and nutty
AAPD searches for
By Maria Sprow
LSA sophomore Ashek Ahmed never sus-
pected that his visit to a friend's apartment
would end in a four-night stay at University
Hospital, a broken window, a four-and-a-half
hour operation, a month-long vacation from
classes and a possible shooting.
But somehow, that is exactly what hap-
pened after Ahmed walked into the Forum
apartment complex located at 726 S. State St.
on Nov. 22. Though he went to socialize with
friends and relax after finishing his
midterms, what happened that night was less
Ahmed said two inebriated men attending a
party held in the building began fighting with
another partygoer at approximately 2:30 a.m.
Ahmed said he and his friend, LSA freshman
Neel Bhargava, tried to stop the argument but
Ahmed was shoved into a window by one of
the intoxicated men.
"There wasn't any real fighting at first. It
was just two people just talking belligerently
and we just tried to stop it from getting any
worse," Bhargava said. "All I remember is we
were just trying to break it up and somehow
Ashek got pushed, and I saw him hit the win-
dow, and I heard the window shatter. It hap-
pened really quickly."
Ahmed had assumed the broken glass caused
his arm to start bleeding badly.
Ann Arbor Police Department officers, who
had been called to the scene for a noise viola-
tion, called Huron Valley Ambulance to trans-
port Ahmed to the hospital, where he said he
stayed until Nov. 25.
Doctors found traces of a black powder in
his wounds but no glass fragments, which
Ahmed believes is a clear sign that somebody
at the party had a gun and shot him - causing
severe damage to his brachial artery and sev-
"I thought I just went through the glass, but
the medical reports said they found black pow-
der in my wound," he said. "The bullet wound
goes all the way through my arm. If you push
through glass, you wouldn't expect glass to go
all the way through the arm."
Ahmed admits he didn't hear a gunshot or
see any weapons that night, and initial police
reports did not indicate any sign of gunpowder
or bullet fragments at the scene.
"Even I didn't hear a gunshot. If you're
See SHOOTING, Page 7
The Michigan football team accepted a bid to play in the Outback Bowl in Tampa,
Fla., where it will face the Florida Gators New Years' Day.
Mi~chi~gan accep ts
Ou tback Bowlbid
By J. Brady McCollough
Daily Sports Writer
The Outback Bowl
No. 13 No. 23
Unable to escape from the cold, a patriotic squirrel
hovers In a tree on the Diag yesterday.
Basketball team breaks worst start record
The Michigan football program is
built on many traditions - most notably
spending its New Years' Days in Pasade-
na, Calif and playing in the Rose Bowl.
The times, they are a changing.
In a not-so-shocking turn of events,
Michigan Athletic Director Bill Martin
announced yesterday that Michigan
accepted a bid to the Outback Bowl in
Tampa, Fla. to play the Florida Gators.
The game will be played on New Years-
Day at 11 a.m. and will be broadcast by
ESPN. This marks the sixth time in
seven seasons the Wolverines will ring
in the new year in Florida against a
Southeastern Conference opponent and
the seventh-straight year Michigan will
play on New Years.'
Michigan is 3-2 against the SEC in
those five games, the last of which was a
By Naweed Sikora
Daily Sports Editor
As the final buzzer went off last night at Crisler
Arena, putting the Michigan basketball team's 85-78
loss to Central Michigan in the books, it marked a new
record in Michigan basketball history. At 0-5, this
vear's Wolverines have gotten off of to the worst start in
Amaker said. "There is no other way to say it."
The play of Central Michigan senior Mike Manciel,
along with the dominance of Central Michigan center
Chris Kaman, who Amaker said was the difference in
the game, was too much for the Wolverines. Manciel
finished with 28 points and nine rebounds, while
Kaman had his way inside all night and finished with
30 points and 21 rebounds. Michigan's big man tan-
56 percent for the game to Michigan's 41 percent.
"I was able to run the floor and get a lot of open
layups, dunks and even an alley-oop in the first half,"
said Kaman, who picked up just two fouls in 38 min-
utes. "It just seemed to be going our way tonight."
Kaman was a rebounding vacuum, sucking up any-
thing and everything that came nearby. His 21 boards
came close to Michigan's team total of 29. Central
Jan. 1 - 11 a.m. - ESPN
Raymond James Stadium
"I think the Michigan-Florida Out-
back Bowl matchup is one that every
college football fan will be excited to
see," Michigan coach Lloyd Carr said.
"This should be an outstanding