Tuesday October 21, 2003 @2003 The Michigan Daily Ann Arbor, Michigan Vol. CXIII, No. 34 Weather TODAY: -4nd One-hundrd-thirn years ofedntoialfreedom Partly cloudy during the day and into the night, with winds up to 23 mph. HI: 59 LOW 39 Tomorrow: wwwmichigandallycom 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 1980s. Stevens 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 event. 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 minorities. 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 lawsuits. Curt Levey, spokesman for the Center of Individ- ual Rights, which aided the plaintiffs, said the CIA was aware that Lehman formerly clerked for Stevens. "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 JONATHON TRIEST/Daily 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. Varie ofiobs fills up first gentleman ' daily rout;e 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- lic good." 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 the problem?" Doyle's group calculat- ed the Index along with Advancing Rising students 49 percent of undergraduate busi- ness students were women in 2003, com- pared to 39 percent in 1981. *41 percent of MBA students were women in 2003, com- pared to 28 percent in 1981. 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 to increase." 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 Georgetown University law Prof. David Cole discusses the similarities in past and present situations concerning civil liberties, such as the McCarthy hearings in the 1950s ,d drand the recent Patriot Act. JONATHON TRIEST/Daily 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- ship Conference. 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 U.S. government. 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 Challenge." . 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 United States. 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 I 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 YMCA stands. 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 refusal. "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 shelters. 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 i I wmwI