The Michigan Daily - Tuesday, October 21, 2003 - 7
Justice reveals doubts in admissions lawsuit
All in a day's work
Continued from Page 1
Assistant General Counsel Jonathan Alger
said the University was aware of Lehman's rela-
tionship with Stevens but never thought it pre-
sented a problem.
Recusals on the court occur rarely. Usually
twice a year, a justice faces a conflict of inter-
est in a pending case. Justice Stephen Breyer
recuses himself from cases that his brother,
U.S. District Court Judge Charles Breyer,
hears. In a 1996 case regarding the Virginia
Military Academy's admissions policy, Justice
Clarence Thomas chose not to vote on the
decision because his son was then enrolled at
Yale law Prof. Robert Post said there are vari-
ous reasons why justices remove themselves
from certain cases.
"It might have something to do with how
public the case is, how much public scrutiny
is," Post said, adding that former clerks of
the justices argue cases in front of the court
all the time.
University of Virginia law Prof. A.E. Howard,
a former clerk for Justice Hugo Black from
1962 to 1964, said he later signed onto many
briefs submitted to the court.
"It never crossed my mind that (Black) would
be tempted to vote one way or the other because
my name was on the brief," Howard said,
adding that he was confused why Stevens, who
has served on the court for almost 30 years,
thought a recusal necessary.
"That is puzzling to me. It can't be the first
time that one of his clerks have been before the
In his speech, Stevens also discussed his
reasoning behind supporting the use of race in
admissions, even though he originally voted
against race-conscious admissions in the 1978
case Bakke v. University of California
"Unlike the Bakke case, the same minimum
standards applied to both white and black stu-
dents," Stevens said. "There was no concern
that there was a separate group that was let in
below the basic standards."
Stevens added that the amicus briefs filed in
support of the University by corporations and
former military leaders made a deep impression
Howard said he was surprised Stevens dis-
cussed the case so soon after the decision,
adding that many Washington institutions
have become more transparent during the last
"Unlike the Bakke case,
the same minimum
standards applied to both
white and black students.
There was no concern
that there was a separate
group that was let in
below the basic standards'
-John Paul Stevens
U.S. Supreme Court Justice
"It's more porous than it used to be,"
Levey said he was surprised at Stevens' rea-
soning especially that his support for diversity
was based on the amicus briefs filed by corpo-
rations and members of the elite.
Stevens "said that the amicus briefs on
Michigan's review revealed a broad national
consensus on the wisdom of the diversity
rationale," Levey said. "By a 2-1 poll,
Americans are against the use of race of
Troy Schuh, a University Health Service paramedic, observes yesterday the
resuscitation of Daniel, a homeless man.
Index finds lack ofupper emale executives 'City council decides a abst
INDEX 500 companies based in Michigan, only Bor- companies had no women among their top-]"
ders Group scored more than 10 points, five officers.
Continued from Page 1 according to the Index. Michigan companies shared similar propor-
consider different styles of leadership when The top 10 companies surveyed --includin tions of female rpresentation thir boards
preparing future executives, and that company
management must be held accountable for
promoting more females, Doyle added.
"There are too many cultural barriers in com-
panies - particularly older companies - that
have been looking at leadership one way," she
said. Change "is not going to happen neutrally."
The index assigned scores ranging from
zero to 30 to the state's 100 largest companies
based on the number of women sitting on the
company boards or holding top executive
positions, with 30 points equaling full parity
between men and women. Of the 24 Fortune
Continued from Page 1
cited the preventive detention campaign led
by Attorney General John Ashcroft that
detained 5,000 immigrants who were sus-
pected of terrorism.
"Only four of the 5,000 were eventually
charged with any crime. Two were acquit-
ted. No al-Qaida, no 9/11 people," Cole
Beyond the detention of foreign nation-
als, Cole said the government has become
the largest campaign of ethnic profiling
since World War Two by focusing on ques-
tioning and prioritizing the deportation of
Arabs and Muslims. He said that this did
not include countries like Spain, Germany
or France, all of which had their citizens
associated with the 9/11 attacks.
Compuware Corporation, Flagstar Bancorp and
Pavilion Bancorp - scored between 10 and 24
points. But 33 companies received no points
because they had no women present among
their board directors and top officers. Three of
those companies were in the Fortune 500.
The majority of state companies scored
from one to nine points out of 30.
Almost 60 percent of the companies sur-
veyed had at least one female director, but
less than one quarter of the companies had
two or more women on their board, according
to the report. More than three quarters of the
The role of universities and their rela-
tionship to the government was also a topic
of Cole's address. He said that universities
should be entirely separate institutions
from the government and should serve as
places for establishing awareness. Cole
added that universities promote the free
exchange of ideas and feature large for-
eign-national student populations, both of
which are essential to recovering the
nation's civil liberties.
Law School student Greg Davis said he
thought the level of student activity on cam-
pus regarding civil liberties was low.
"People have opinions, the majority of
student's opinions are against the Patriot
Act. But student activists really don't
protest that much. People aren't sharing
their ideas," Greg Davis said.
Cole's lecture was the 13th annual forum
as Fortune 500 companies based in other
states, Doyle said. But Michigan companies
have 35 percent fewer female officers than do
Fortune 500 companies, she said.'
According to the report, technology groups
had a better record of female representation
than other sectors of the state economy. About
a third of the technology sector companies
employed at least one female officer, com-
pared to 10 percent of automotive and con-
sumer business companies. Sixteen percent of
technology companies also had three or more
female directors on their corporate board.
as part of the Faculty Senate's Davis, Mark-
ert, Nickerson lecture series.
H. Chandler Davis, one of the honorees
of the lecture series, is a former Universi-
ty professor who was brought in front of
the House Un-American Activities Com-
mittee and eventually dismissed from the
"The situation is an emergency - you
have to make your own tactics and be the
example. You should be the nucleus from
which protest forms," Chandler Davis said.
Echoing Davis's concerns for student
activism, Cole stressed the importance of
each person's voice and urged all University
students to join pertinent causes.
"It's very important that ordinary people
are putting these issues on the agenda. Not
that many people are involved, so your
voice can be heard," Cole said.
Continued from Page 1
the Downtown Development Authority to devel-
op plans for that corner.
Although the Ann Arbor YMCA may have to
pay a $600,000 penalty for ending a contract
with the city earlier than agreed upon, students
and residents can still look forward to a bigger
and better facility in the future.
In 1995, the city loaned the 'Y' $1.5 million
to build and maintain low-income housing for
15 years, until 2010.
Because the 'Y' does not plan to continue
offering housing at its new facility - to be built
at the corner of Washington, Third and Huron -
there is a "declining balance" penalty, which is
currently at $600,000. The penalty was original-
Continued from Page 1
referring to a childhood he spent in Detroit
attending University of Detroit Jesuit High
School. "Our kids are much better supported and
I don't know if that's a good thing."
Although his professional pursuits have led
him to some of the highest offices in the state,
Mulhern said he prefers not to envision the world
as a series of goals.
"When I was younger, I really thought that way
in terms of levels," he said.
"Especially when you lose a parent, you realize
the quality of life isn't that way," he added, refer-
ly considered to be an incentive for the YMCA
to continue the housing program.
Duchon said the city and the 'Y' can negotiate
a reduction in the penalty.
A possibility of decrease in the penalty would
be taken off the YMCA's sale price of its property.
"Our objective now is to sell the property
and we have had very positive conversations
with the city about the sales agreement,"
Duchon said. She added that if no satisfying
amount is reached, the 'Y' can terminate the
Regardless of whether the penalty will be
reduced, Duchon said that the new facility will
be built because the YMCA has raised $6 mil-
lion solely for the project and any other money
needed will go into the YMCA's long-term debt
or be gathered through fundraising.
ring to his deceased father.
Not even a year into his term as first gentle-
man, Mulhern said the Granholm administration
has already inspired state officials to work in
accord with one another. By the end of his stay in
Lansing, he said he hopes to encourage more col-
lege graduates to pursue careers in state govern-
And in spite of Michigan's grim economy,
which gained jobs last month for the first time
since 2000, he said the state is poised for an
People "are hopeful about an economic turn-
around," he said. "There's much more of a collec-
tive spirit inside and outside of the government."
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