The Michigan Daily - Tuesday, October 21, 2003 - 7 Justice reveals doubts in admissions lawsuit All in a day's work STEVENS 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 the school. 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 court,"he added. 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 Regents. "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 on him. 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 30 years. "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," Howard said. 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 admissions." 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 COLE 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 said. 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 University. "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. YMCA 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- MU-HERN 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 sales agreement. 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- ment. 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 about-face. 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." the michigan daily RIVER'S EDGE APARTMENTS! Why pay the high A2 prices? Ypsilanti is only 15 min. drive to campus. 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