4A - Wednesday, October 31, 2007

The Michigan Daily - michigandaily.com 4

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Edited and managed by students at
the University of Michigan since 1890.
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Ann Arbor, MO 48109
tothedaily@umich.edu

The University is discriminating against
individuals with mobility impairments on
the basis of disability."
- A U.S. Department of Education report dated Oct. 26 summarizing an investigation of
Michigan Stadium's compliance with accessibility standards.
The alum, behind torture

a

KARL STAMPFL
EDITOR IN CHIEF

IMRAN SYED
EDITORIAL PAGE EDITOR

JEFFREY BLOOMER
MANAGING EDITOR

Unsigned editorials reflect the official position of the Daily's editorial board. All other signed articles
and illustrations represent solely the views of their authors.
The Daily's public editor, Paul H. Johnson, acts as the readers' representative and takes a critical look at
coverage and content in every section of the paper. Readers are encouraged to contact the public editor
with questions and comments. Hecan be reached at publiceditor@umich.edu.
Prim--aril1y unfair
Stop blaming Michigan and just reform the primary system
ince Aug. 30, when Michigan moved its primary election up
to Jan. 15, the news has played out like an elementary school
playground fight. Michigan cut to the front of the line. Iowa
and New Hampshire whined like babies, and the big, bad national
party committees stepped in to slap Michigan on the wrist. But
instead of punishing Michigan for legitimately challenging the
unfair tradition of letting Iowa and New Hampshire go first, state
and national party leaders should be focusing on fixing the system
for future elections.

omething went terribly wrong
in the University of Michigan
Law School's class of 1988.
For starters,
over-the-top con-
servative pun-
dit Ann Coulter
- who has based
her entire career w
on being as big-
oted and inflam-
matory as possible
- was part of that GARY
class. While Coul-G
ter alone probably GRACA
makes administra-
tors cringe every time someone notes
that she is a University alum, another
'88 grad is quickly becoming a chal-
lenger to Coulter's throne as the for-
mer law student who most deserves a
cold shoulder when the next reunion
rolls around.
That alum is Steven Bradbury, the
acting head of the Justice Depart-
ment's Office of Legal Counsel.
The story of Steven Bradbury reads
something like the script of "Forrest
Gump" for modern conservatives. It
weaves in the stories of almost all the
major conservative players of the last
couple of decades and all of their cro-
nyism until it gets right to the top of
the justice system - and right to the
heart of one of America's most divi-
sive legal questions: What constitutes
torture?
Overcoming the setback of losing
his father as a child and growing up
with only the support of a blue-col-
lar, working mother, Bradbury was
the first person in his family to go to
college when he attended Stanford
University as an undergraduate. As
The New York Times aptly described
it earlier this month, Bradbury's early
life had that "Horatio Alger element"
typical in the tales of other promi-
nent conservatives like U.S. Supreme
Court Justice Clarence Thomas and
former Attorney General Alberto

Gonzales. -
After graduating from Michigan
Law School, Bradbury nabbed a clerk-
ship in 1990 with Justice James Buck-
ley of the U.S. Court of Appeals for
the District of Columbia Circuit, the
brother of famous conservative writer
and National Review founder Wil-
liam Buckley. Even more eerily, when
James Buckley retired in 1996, his seat
was left empty until a certain John
Roberts took the spot in 2003.
But the connections don't stop
there. Bradbury clerked for Clarence
Thomas in 1992. When that clerkship
ended, he went on to work at Kirkland
& Ellis, a private law firm that Kenneth
Starr, the man who hounded former
president Bill Clinton in the Monica
Lewinsky scandal, also worked for.
Again, with the help of the some old
friends, Bradbury next made his way
into the Justice Department, when he
was hired by then-Deputy Assistant
Attorney General Jack Goldsmith in
2004 as his top deputy.
To make a long story short, Gold-
smith only lasted nine months in his
position after he tried to lead what
the Times called "a behind-the-scenes
revolt against what he considered the
constitutional excesses of the legal
policies embraced by his White House
superiors." More specifically, Gold-
smith was appalled by the 2002 "tor-
ture memos," which narrowly defined
that torture "must be equivalent in
intensity to the pain accompanying
serious physical injury, such as organ
failure, impairment of bodily func-
tion, or even death."
Here is where Steven Bradbury
earns his place as the University of
Michigan Law School alum who most
deserves to be disavowed.
When Goldsmith resigned, Brad-
bury took over the position in the
interim under the strict watch of the
White House, which was gauging his
loyalty. Soon Goldsmith's little spat of
morality on the torture issue was a dis-

tant memory. According to the Times,
in a series of classified 2005 opinions,
Bradbury allowed the Central Intelli-
gence Agency to beginusingblacksites
(secret overseas prisons) and decided
that none of the CIA's interrogation
methods, including waterboardifig,
fit the "cruel, inhuman or degrading"
standard set by the Detainee Treat-
ment Act.
Bradbury got to make all of these
decisions to allow torture without
ever being confirmed by the U.S. Sen-
ate. He was nominated in June 2005,
but senators Russ Feingold (D-Wisc.),
Steven Bradbury:
A bigger disgrace
than Ann Coulter
Dick Durbin (D-Ill.) and Ted Kenne-
dy (D-Mass.) blocked his nomination
because they feared his close relation-
ship with the White House. Accord-
ing to the 1998 Vacancies Reform Act,
nominees that aren't approved by the
Senate are not allowed to continue in
their positions for more than 210 days.
Bradbury did so anyway.
So Bradbury didn't just define
torture - he may have done it ille-
gally. Now his nomination is back on
the Senate's to-do list, and by most
accounts, he is likely to be confirmed
Ann Coulter can eat her heart out
(if she has one): Coming to power
through the small circle of America's
elite, conservative cronies, Bradbury
has done more to secretly unravel
basic human rights than she has ever
babbled about.
Makes you proud to be a Wolverine.
Gary Graca is an associate
editorial page editor. He can be
reached at gmgraca@umich.edu.

Traditionally, Iowa hosts the first caucus
of the election season, and New Hampshire
hosts the first primary. Although these states
are hardly representative of the demograph-
ics of the rest of the country and count for
almost nothing in the general election, the
candidates who win those early contests
usually establish the momentum to make
the later primaries a formality. These states
have enjoyed this kingmaker position in
every election for several decades.
Our own state, along with Florida, decid-
ed that it was time for a change. Michigan
moved its primary to Jan. 15 to become the
first primary and Florida leapt up to Jan. 29
to become a potential number two. Iowa and
New Hampshire, of course, couldn't stand
for that: Iowa moved its caucus to Jan.,3, and
New Hampshire, which is obligated by its
state constitution to have the first primary,
is likely to move up to Jan. 8.
Technically all of this frontloading has
violated the national parties' rules, which
in the case of the Democratic National
Committee stipulate that only Iowa, New
Hampshire, South Carolina and Nevada
can have their nominating conteot before
Feb. 5. Protected by the DNC, New Hamp-
shire is allowed to jockey for the front spot,
but Michigan faces numerous penalties
from national party committees. The state
could lose all its delegates at the Democratic
National Convention and halfof its delegates
at the Republican National Convention.
Additionally, all of the major Democratic
candidates are promising not to campaign
in Michigan. Of these candidates, only Hill-
ary Clinton will appear on the ballot.
The Detroit News reported earlier this
week that DNC Chairman Howard Dean

is trying to achieve a compromise between
national and state officials in his party. But
even those efforts ignore the larger problem:
The selection of our presidential candidates
has unfairly been kept in Iowa and New
Hampshire's selfish hands for too long. It is
time they learned to share.
This primary season has featured all the
chaos of the watershed 1968 Democratic pri-
mary cycle. Outrage at Hubert Humphrey's
nomination that year brought about the
McGovern-Fraser Commission and major
changes in the DNC. The mayhem of the
2008 primary season - which started too
early, has been too expensive andl is riddled
with inconsistencies - must bring about
equally large reforms.
There are many alternatives to the cur-
rent method. A rotating regional primary,
where blocs of states from different parts
of the country take turns going first in pri-
mary season, would be one option. Or a
national lottery system could be instituted
that randomly decides the primary dates,
giving each state an equal opportunity to
have the first spot.
In the spirit of meaningful changes, the
parties may want to question why we even
have primary elections at all. Primaries are
expensive, they turn elections into continu-
ous campaigns, and most important, they
could be replaced with a national runoff
election that would allow all of the candi-
dates to run in one general election.
Regardless of what alternative is selected,
it couldn't be worse than the syptem that we
have been putting up with year after year.
Michigan has done a brave thing by pushing
for the opportunity to occasionally be the
primary focus in the primaries.

JACK BERNARD

'U' puts students first

KELLY BERNERO E
Hillary stands with students

As young people, we understand the strug-
gles of affording a college education. We have
felt the consequences of the roughly 40 per-
cent increase in tuition
at public universities
that has occurred in F
the past five years
(according to a report c.
released by the Col- ti k t
lege Board earlier this
monih). The stresses
of obtaining a highero
education are real, o
which is why our next
president needs to CLINTON
put college access and
affordability at the top of the agenda.
Hillary Clinton has proved that she is a
friend to America's youth. She understands
that what you earn depends on what you learn:
College graduates earn 50 percent more than
those without degrees. Affordability is among
the most important factors in encouraging
America's youth to attend college and remain
there. Clinton has proposed to raise the tax
credit for higher education (the lifetime learn-
ing credit) to $6,000 -the most generous offer
of all the presidential hopefuls. She also plans
to double the Hope Tax Credit to $3,500.
A few weeks ago, President Bush signed a
bill raising the maximum amount awarded
by the Pell Grant. Clinton was the one who
reintroduced that bill. The Non-Traditional
Student Success Act raises the maximum
Pell Grant to $11,600 by the 2010-2011 school
year, creates a pilot program to allow stu-
dents attending college less than half-time to
receive federal student aid and increases the
income protection allowance to allow work-
ing students to keep more of their income
without losing crucial student aid.
During Bill Clinton's presidency, Hillary
Clinton worked to help create Americorps, one
of the most successful volunteer programs in
the country. As senator, she fought the Bush
administration's attempts to dismantle the
program. As president, Clinton will grant each
Americorps volunteer $10,000 to be used for
undergraduate or graduate school expenses.
The federal government pays your college
tuition if you serve in the armed forces, so why
shouldn't it also pay if you go into a public ser-
vice position? Clinton has proposed setting up
a four-year public service academy, similar to
West Point or Annapolis, that would ask for

seven years of public service upon graduation.
The jobs offered to these graduates would be
pay well and include full benefits. The best
part is that they would help students start a
successful career debt-free.
The average college student graduates
with $20,000 in debt, according to the Col-
lege Board. Clinton's Student Borrower Bill of
Rights will make it easier for students to repay
loans and give them a basic set of enforceable
rights. This bill will ensure fair monthly pay-
ments that do not exceed a percentage of the
borrower's income. It also increases student
access to information that could provide them
with better options during repayment.
Obtaining financial aid from the federal
government is more complicated than filing
income tax forms. The application process is
long, confusing and inefficient. Clinton wants
to take dras-
tic measures
to fix this. This viewpoint is the
She would fourth in a series by
first allow leaders of campus
the entire
process to be groups supporting
done elec- various presidential
tronically. c
She would candidates-
also offer an
option on the income tax form to have families'
profiles evaluated to determine if they are eli-
gible for aid. Through this process, the govern-
ment could alert families much earlier if they
are eligible to receive aid and tell them how
much they can expect to receive.
Clinton understands that four-year col-
leges aren't for everybody: 43 percent of
students start off at a community college.
She will strengthen these educational cor-
nerstones by reducing drop-out rates and by
simplifying the process of transferring cred-
its to four-year universities.
Hillary Clinton is a leader committed to
future generations. She believes we have the
right to breathe clean air, drink clean water,
pursue a higher education, purchase a home,
afford health care and live in a country that
holds the same stature in the world as Amer-
ica did when she was growing up. Put her in
the White House, and she will fight for these
beliefs.
Kelly Bernero is an LSA sophomore and chair
of the University chapter of Students for Hillary.

I appreciate Michael Roberto's
letter to the editor ('U' must bet-
ter protect students from RIAA,
10/29/2007) supportingthe Univer-
sity's new Be Aware You're Upload-
ing service, which commenced
yesterday. Roberto also raised
concerns about a different aspect
of the University's practices. He
believes that unlike the University
of Wisconsin at Madison, the Uni-
versity of Michigan is helping the
Recording Industry Association of
America. If you read on, I think you
will see the merit in the University
of Michigan's decision.
The RIAA is suing people. Here's
how it works: The RIAA observes
the Internet for peer-to-peer file-
sharing and then - with the hope
of either suing or settling - it seeks
to identify people who it alleges are
engaging in illegal file sharing. Ini-
tially, the RIAA does not know the
identities of the people it accuses
(only their IP addresses) so it works
through an Internet Service Pro-
vider to get this information. Like
most colleges, the University is an
ISP, which is why the RIAA uses us
to obtain information.
First, the RIAA typically sends a
preservation notice, which tells the
ISP to preserve the relevant data,
which we then must retain. Previ-
ously, the RIAA would then (not
knowing the defendants' identities)
file a "John Doe" lawsuit and issue a
Rule 45 subpoena to the ISP, compel-
ling us to turn over the names and
contact information of the accused.
Recently, the RIAA has begun
inserting another step (the one that
concerns Roberto) between send-
ing the preservation notice and fil-
ing suit. The RIAA now asks us to
voluntarily forward to our students,
which we do immediately, a settle-
ment offer in the hope, it seems, of
securing settlement before litigation
begins. If a settlement is not reached
within a month or so, the RIAA con-
tinues with its lawsuit process.
You may ask yourself, "Why would
the University want to help the RIAA
by forwarding the settlement offer
to students when it is not required
to do so?" While this is a reasonable
question, it was not the question the
University asked. Instead we asked:
"Given these circumstances, does it
serve our students' interests to keep
knowledge of the settlement offers
to ourselves? Does it help our stu-
dents to decide for them that they
will be named as defendants by

denying them the option to settle
beforehand?"
We chose the path that empowers
our students to be a part of the pro-
cess, to prepare for a lawsuit and to
make their own decisions. This prob-
ably helpsthe RIAA at some level, but
we believe that despite this ancillary
condition, the primary obligation is
to our University community.'
We were mindful of several other
facts, as well. First, in our experi-
ence the RIAA had never failed to
pursue the quarry it had identified in
its preservation notices. Second, we
had observed that when the RIAA
expended more resources to pursue
a user, settlement offers were high-
er. Foroinstance, when we rejected
invalid subpoenas, the students who
were the subjects of those invalid
subpoenas reported being asked to
settle for more than the students
who had been the subject of a valid
subpoena the first time. Apparently
the additional costs associated with
pursuing the students were added to
the settlement offer.
We also observed that students
who reached out to settle with the

RIAA (prior to the pre-litigation set-
tlement offer plan) before the RIAA
issued a subpoena were given lower
settlement offers than students who
settled post-subpoena. Now that the
pre-litigation settlement offer plan
is in place, we have noticed a simi-
lar phenomenon. Not all students
decide to settle pre-subpoena. Those
who settled pre-subpoena have paid
$1,000 less than those who settled
post-subpoena. Moreover, students
who use our Student Legal Services
pre-subpoenahave been ableto settle
with RIAA anonymously. According
to The Badger Herald, some stu-
dents at Wisconsin wished they.had
had a similar opportunity to decide
whether to settle beforehand.
We do not condone unlawful file
sharing or the RIAA's tactics. But we
inform students whenever we have
information because, as with BAYU,
our goal is to educate our students so
they can understand their choices,
risks and responsibilities.
Jack Bernard is an assistant general
counsel in the University's Office of the
Vice President and General Counsel.

WYMAN KH UU
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EDITORIAL BOARD MEMBERS:
Emad Ansari, Kevin Bunkley, Ben Caleca, Milly Dick, Mike Eber, Gary Graca, Emmarie Huetteman,
Theresa Kennelly, Emily Michels, Robert Soave, Gavin Stern, Jennifer Sussex, Neil Tambe, Matt Trecha,
Radhika Upadhyaya, Rachel Wagner, Patrick Zabawa

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