October 21, 2003
@2003 The Michigan Daily
Ann Arbor, Michigan
Vol. CXIII, No. 34
One-hundrd-thirn years ofedntoialfreedom
day and into
up to 23
Colors across a blank canvas
High Court justice
admits thinking of
recusa in lawsuits
John Paul Stevens reveals idea
of recusing himself from nine-judge
panel that ruled on 'U' admissions
By Jeremy Berkowitz
Daily Staff Reporter
The University might have been in a much dif-
ferent situation with its race-conscious admissions
systems had U.S. Supreme Court Justice John Paul
Stevens made a different deci-
sion last April.
In a meeting last month,
Stevens told a group of Chica-
go lawyers that he almost
recused, or removed, himself
from making a decision on the
Grutter v. Bollinger case
because former Law School
Dean Jeffrey Lehman was a
law clerk of his in the early
C-SPAN originally televised the speech. But
very few media outlets, including The Chicago
Daily Law Bulletin, the Legal Times and most
recently The Washington Post wrote about the
Grutter was one of two lawsuits regarding the
University's admissions policies that the Supreme
Court heard oral arguments for in April. In June,
the court decided that the Law School could use
race as one of many factors in admissions. But in
the lawsuit Gratz v. Bollinger, the court struck
down the undergraduate point system, which auto-
matically gave 20 points to underrepresented
The day after oral arguments, Stevens expressed
his concerns to the other eight justices in a closed
conference, but he was persuaded to stay on.
If Stevens had not decided on the Grutter case,
the resulting 4-4 decision would have been a victo-
ry for the University. But the even decision would
have left the future of race-conscious admissions
undecided and the University vulnerable to future
Curt Levey, spokesman for the Center of Individ-
ual Rights, which aided the plaintiffs, said the CIA
was aware that Lehman formerly clerked for
"I don't see it as discrediting to the decision of
the court," Levy said. "It's up to Justice Stevens to
decide for himself."
See STEVENS, Page 7
Russian impressionist painter Stas Borodin paints in the Law Quad yesterday outside Hutchins Hall. In the United
States for his second time, the St. Petersburg resident is visiting cities throughout the United States to paint.
fills up first
Dy Andrew Kaplan
Daily Staff Reporter
Index finds most Mich.
companies lack presence
of women executives
By Tomislav Ladika
Daily Staff Reporter
Trailed by an entourage of advisors and sec-
retaries, Michigan first gentleman Dan Mulh-
ern exudes the authority of a top elected
official. Toting a schedule comparable to a
politician's, he holds a variety of jobs - com-
munity service activist, father of three, person-
al advisor to his wife, Gov. Jennifer Granholm
- and is anything but a stay-at-home dad.
"The first role is I support my wife and my
kids because (the governorship) is a huge job
- very demanding," Mulhern said in an inter-
view with The Michigan Daily yesterday.
"Beyond that, I'm chair of the Michigan Com-
munity Service Commission, which is a group
of citizens supporting community service and
volunteerism throughout the state."
Mulhern said his passion for community
service dates back to his undergraduate experi-
ence at Yale University, where he was the men-
tor of a child in the Big Brother program.
"It really gave me a sense of purpose while I
was there," he said. "The distinction between
who's giving and who's receiving breaks
down," he said, adding that he also heads Men-
tor Michigan - which, like the Big Brothers
Big Sisters program, pairs disadvantaged chil-
dren with an adult mentor.
The MCSC, part of the Michigan Depart-
ment of Career Development, participates in
fundraising and leads Michigan's AmeriCorps
program - a community development arm
that saw its budget cut 60 percent by the federal
government last July.
The austerity of the state budget situation,
Mulhern said, has challenged his organization
and all state projects to act more efficiently.
The budget deficit "poses a big burden to be
efficient in what we do," he said. "It requires us
to have a different conversation about the pub-
Citing a need to reexamine the state govern-
ment in its entirety, Mulhern added that Michi-
gan's problems extend beyond the budget to
include poor environmental protections.
"People can't eat the fish they catch in our
rivers because we're not enforcing laws appro-
priately," he said.
Among the various positions he has held,
such as campaign manager for U.S. Sen. Carl
Levin (D-Detroit) and a Detroit Public Schools
fundraiser, Mulhern has also worked as an edu-
cator. Before attending Harvard Law School,
where he met Granholm, Mulhern taught theol-
ogy in Tampa, Fla.
Citing the Supreme Court's decision last
June to uphold the use of race in the Universi-
ty's admissions policies, Mulhern said he sup-
ports the University's commitment to diversity
in higher education.
"The world is getting smaller by the second,"
he said. "It was great that the court created
room for diversity and affirmative action."
Before moving into the governor's mansion
Companies that are not promoting women to execu-
tive positions can no longer claim that women lack the
skills, education and desire necessary to lead a compa-
ny, according to the 2003 Michigan Women's Leader-
ship Index released yesterday.
Women constitute 49 percent of all undergraduate
business students and 41 percent of Masters of Busi-
ness Administration students across the nation. But
according to the report,
women hold only 9.6 per-
cent of board seats and 7.1
percent of the highest offi-
cer positions at Michigan's
100 largest companies.
"We used to say the pool
wasn't there and women
needed to develop the edu-
cation," said Anne Doyle, a
member of the Women's
Leadership Forum. "The
report basically says the
pool is there, so now what's
Doyle's group calculat-
ed the Index along with
49 percent of
ness students were
women in 2003, com-
pared to 39 percent
*41 percent of
MBA students were
women in 2003, com-
pared to 28 percent
nomic reasons, said Carol Hollenshead, director of the
Center for the Education of Women.
"We don't want half of the talent sitting on the side-
lines at a time when Michigan companies need to be
competing on a global level;" Hollenshead said.
Studies have shown that from 1993 to 2001, the
number of females sitting on the boards of the Fortune
500 companies increased by about 4 percent. But Hol-
lenshead said at that growth rate, "we would not reach
parity for another 75 years.... The change rate needs
After the index was
wom en unveiled in Detroit, a
panel group discussed
Top-tier executives possible explanations for
why 46.7 percent of the
In 2003, only 9.6 state's labor force is
percent of board female but only a handful
seats in Michigan of those women occupy
top companies are leadership positions.
occupied by women. Hollenshead said a
representative from New
p In 2003, only 7.1 York-based Deloitte and
pffcern Mic igan Touche LLP recounted
companies are how 10 years ago, the
female. consulting firm's leaders
realized they were not
retaining women. They
initially believed the women were dedicating more
time to their families, but closer inquiries indicated
that women were taking positions at other companies.
"Women were not being given the top assign-
ments in the company, such as handling the top
clients," she said.
But company executives were not assigning top
clients to females precisely because women frequently
left their posts, she said. Since Deloitte identified this
cycle, executives have worked to improve the company's
female employees' prospects for advancement, she said.
Other panelists suggested that managers should
See INDEX, Page 7
in past and
such as the
,d drand the
Prof paraillelis civil
rights of5s, today
By Evan Mc~arvey McCarthyism, repeating history with
and Nura Sedlqe terrorism;' Cole said.
Daily Staff Reporters In an analysis of the first red scare,
the University's Center for the Education of Women.
"A majority of American woman believe they are
not given the same opportunities for advancement" to
executive positions, Doyle said. "There are plenty of
women who want those jobs."
The survey of women in leadership positions is
the first ever conducted at the state level, and its
release comes less than two weeks after the Busi-
ness School held its 11th annual Women in Leader-
Company leaders must discover why educated
women in their companies are not being promoted to
leadership positions and explore both social and eco-
Massive detainments, ethnic pro-
filing and loss of civil liberties are
just a few of the new realities of the
This was the message of David
Cole, a Georgetown University law
professor who spoke yesterday in a
lecture titled "Freedom and Terror:
September 11th and the 21st Century
. Cole addressed parallels between
the first Communist red scare, the
McCarthy era and present day Patriot
Act. Cole outlined the history of
governmental regulations on liberties
and stressed the urgency of reexam-
ining current legislation.
"We are entering into a new age of
Cole said that the removal of civil
liberties began with foreign nation-
als, or non-U.S. citizens, living in the
Only after the rights of foreign
nationals were affected did the gov-
ernment target citizens, Cole said.
He added that this situation could
repeat itself now, as foreign nationals
are the most drastically affected
group by the Patriot Act.
"What the government is doing is
sacrificing (foreign nationals') rights
for (citizens') security," Cole said.
Cole said the government has used
immigration rules to round up any
foreign nationals and subject them to
detainment, As an example, Cole
See COLE, Page 7
Council votes down exchange of YCA
Dan Mulhem (left) stands with his children on Nov.
5, 2002, at the Detroit Renaissance Center, on the
evening Jennifer Granholm was elected as governor.
Granholm's top executives.
"Because of my background in leadership
consulting, I've been working on leadership
issues" with Cabinet members, he said.
Since moving his family into "affluence,"
Mulhern said he has tried to raise his children
- aged 14, 12 and six - on the principals of
By Mona Rafeeq
Daily Staff Reporter
The Ann Arbor Transportation Authority
reacted with surprise and dismay last week
when the City Council voted against sup-
porting its $3.5 million bid to purchase the
property where the only current Ann Arbor
The council met last Thursday in a closed
session and in an 11-0 decision exercised its
right of refusal in the sale of the YMCA's
property. That means in all likelihood the
YMCA building will belong to the city of
Ann Arbor and not the AATA.
AATA Executive Director Greg Cook said
that the city did not consult with him or
YMCA President Cathi Duchon when mak-
ing its decision.
"The Board of Directors (of the AATA)
had pledged to continue the low-income
_-A --- A ++ 7) NZX A h~+ +.L. i-..
the city's decision because the council also
exercised its right of refusal in 1999 in a pre-
vious sales agreement with the AATA.
Mayor John Hieftje cited housing as the
main reason the city exercised its right of
"There is an expectation that the 100 units
of SRO (single-residence occupancy) hous-
ing will be rebuilt to further accommodate
its residents and more units may be added,"
Hieftje said, referring to the city's plans for
the YMCA property.
He said housing will remain available for
those with low incomes. Often, the housing
has been "a critical stopping point" for peo-
ple who have moved out of the homeless
Hieftje also said that the transit center that
the AATA had hoped to build on the property
may or may not be included in the plans for
the corner of South Fifth Avenue and East