ONE-HUNDRED-TWENTY-ONE YEARS OF EDITORIAL FREEDOM

Ann Arbor, MI

Weekly Summer Edition

Ann Arbor, Ml ONE-HUNDRED-TWENTY-ONE YEARS OF EDITORIAL FREEDOM Weekly Summer Edition

FRONT AND CENTER

TechArb business
incubator moves to
new location
Program provides students
with resources to become
successful entrepreneurs.
SEE PAGE 2
OPINION
Proposal 2 must go
U.S. courts must uphold the
recent upheaval of the
affirmative action ban.
>> SEE PAGE 4
A RTS
'Dark of the Moon'
can't even be saved
by tech specs
Michael Bay directs a third
installment of a "children's
toy" and calls it filmmaking.
>>SEE PAGE 8
SPORTS
Saad signs contract
to enter MLS draft
After a record-setting
season at Michigan, Saad
hits the American pro ranks.
>> SEE PAGE12
INDEX
Vol.CXLIV,No.i144 2011The Michigan Daily
michigandaily.com
NEW S ........................... 2
OPINION.....................4
CLASSIFIEDS ............ ..6
CROSSWORD........................6
ARTS......................................8
SPO RTS ................................10

Learn more about Jeffrey McMahon and his position and Jeffrey McMahon, Michigan Marching Band Drum Major
watch video of him practicingat MichigasDailycom for the 2011 season and Engineering senior, practices "the
bounce" in Michigan Stadium on Thursday, June 30.
AFFIRMATIVE ACTION
'U' community reacts
to ruling on Proposal 2

LEGAL DISPUTE
Shirvell's
request
dismissed
Judge denies request
to seal deposition
in former MSA
president's lawsuit
By PATRICIA SNIDER
Daily StaffReporter
Former Assistant Michi-
gan Attorney General Andrew
Shirvell's motion to seal testimony
in a lawsuit issued by Chris Arm-
strong, former Michigan Student
Assembly president, was denied
last week.
Federal Judge Arthur Tarnow
issued a four-page order on June
29 denying Shirvell's request for a
protective order that would have
granted Shirvell a sealed deposi-
tion in Armstrong's lawsuit. Arm-
strong - MSA's first openly gay
president - filed a lawsuit against
Shirvell inApril after he claimed in
his blog "Chris Armstrong Watch"
that Armstrong had a "radical
homosexual agenda."
Specifically, the judge's report
said there was "no merit" in
Shirvell's argument, and he was
unable to show cause for con-
cern if the videotaped deposition
remained part of the case.
"Defendant's failure to iden-
tify 'specific facts' showing 'clearly
defined and serious injury' that
would result from the discovery
sought prevents the Court from
exercising its discretion in grant-
ing the relief requested," the judge
wrote in his report.
. See SHIRVELL, Page 7

Affirmative action
supporters rejoice
after ban upended
ByANDREW SCHULMAN
Daily StaffReporter
In a 2-1 decision on Friday, the
6th U.S. Circuit Court of Appeals
declared a Michigan referendum
banning the considerations of
race and gender in college admis-
sions unconstitutional, marking

a victory for advocates of affir-
mative action.
The court said the ban -
which became part of the state's
constitution after a racially
divided vote in November 2006
- "unconstitutionally alters
Michigan's political structure by
impermissibly burdening racial
minorities."
In a press conference on the
steps of the Michigan Union on
Friday, George Washington, an
attorney with the Coalition to
Defend Affirmative Action, Inte-

gration, and Immigration and
Fight for Equality By Any Means
Necessary, joined students and
BAMN representatives to rejoice
over what Washington called "a
tremendous victory" for the civil
rights of students.
Washington, who is also a
plaintiff in the case, said he
was supportive of the decision
to overturn the ban, commonly
'known as Proposal 2, because it
could bridge racial inequalities
by ensuring leadership that fully
See PROPOSAL, Page 7