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Res Gestae Law School History and Publications

2003 Vol. 54, No. 7, November 25, 2003 University of Michigan Law School

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STUDENT NEWSPAPER oF mE UNIVERSI1Y OF MicHIGAN LAw ScHooL

November25, 2003  �inre 1950 Vol. 54 No.7

Professor Points ou t Problems, Pitfalls of Police Profiling Practices

By Sarah Rykowski "How do we meet this challenge?" other groups, from society, and l\ Harris, the leading national authority on eventually from the law itself. acial profiling on the part of racial profiling, asked hisaudience. "You law enforcement isn't [have to] look at what we knew about "It eats into the confidence that this necessarily an error borne out profiling before 9/11 and ask what it group must have in social institutions," of racism-it's simply used as a short cut means now." Harris said. "It reaches into society as a to stop crime. Officers apply race as one whole as society discovers it. The group of several factors to determine which Harris argued that, because of the begins to disbelieve, to distrust police people are more likely to be involved in "built-in assumption that blacks and once they become aware of it. There is the criminal activity. Whether or feeling that you can't trust not this policy works is an these institutions. You can't entirely different issue, one trust the law." David A. Harris tackled in his "Driving While Black; And the law, as Harris put Profiles in Injustice" lecture it, is "the glue that holds on September 19, 2003 at the society together. That's why law school. you are law students. That's why you are here today." According to Harris, author of "Profiles in So does racial profiling Injustice: Why Racial really do the job? Does it Profiling Cannot Work," really cut crime and benefit published in 2002, "What's society? In order to determine happening when race the effectof racial profiling on becomes a cue, the eyes of law enforcement, one needs law enforcement are drawn data. And data, particularly away from what's really in this area, is in extremely important: behavior. It not short supply. However, using only doesn't make sense, it actually Latinos are more crime prone, [officers] a study done on the NYPD by Columbia, hurts." use race as a targeting characteristic. [The theeffects of racial profiling are apparent. police] think it's the right way to catch Prior to the events of September 11, the bad guys and help people. It's guilt The information compiled by the 2001, most Americans would have agreed by association of an entire group." NYPD kept track of stops and frisks by with Harris. Post-September 11, however, officers,and a form was filed out for each feelings have changed. This guilt by association, however, stop, including the basis of the stop leads to the alienation of that group from Continued on Page 27 2 l\es �estae 25 .1R.obember2003

3Res ®estae A Ticket to Ride,

Edi!Or in Chief Andy Daly Straight to the Big House

Managing Editor: Jessie Grodstein Kennedy By .Jessie Grodstein The closest that the University comes Kennedy to bestowing its permission to sell a Executive Editor: student ticket is through the "validation" John Fedynsky or the bargain basement scheme. With this system, a student can price of $19.50 a ticket, get "friends and family" into the stadium University of Michigan on game day by paying a $25 flat fee. That Contributing Editors: i stu s ave the option of purchasing $25 buys the student a halogramed, D.C. Lee, Andrew Cattell, a season's worth of home games. The Te chnicolor sticker, while conveniently Sharon Ceresnie. Rebecca Chavez, opportunity comes as soon as the allowing the University to recoup some Sara Klettke MacWilliams, admission letter arrives, when one is but of the revenue from these tickets. Michael Murphy, Matt Nolan, a wee pup of a Wolverine. The same Jana Kraschnewski, $19.50 buys access to a Houston, Notre For those in need of further guidance Sarah Rykowski, Seth A. Drucker Dame or Ohio State game; "quality of on how to use the validation method, game" plays no part in the pricing. And those in charge of the www.mgoblue.com Web Site Editor: the tickets themselves are all printed with website provide a (helpful?) example: "On Steve Boender the same blue and maize patterns; an Thursday you find out that you need to Ohio State ticket doesn't come encrusted study and cannot attend Saturday's game, Artist: with diamonds or rimmed in gold. but your roommate's brotheris looking for Philip Weintraub a ticket. Your roommate can validate the So what makes some students think ticket on Friday so his or her brother can that they can unload these tickets for at use the ticket." Res Gestae is published biweekly during the school year by students of the University of least $150? Michigan Law School. Opinions expressed in Interestingly enough, there is no bylined articles are those of the authors and do As frequent visitors to the Law mention of the fact that you can charge not necessarily represent the opinions of the School's classifiedlist are well aware, the your roommate's brother ten times face editorial staff. Articles may be reprinted with­ out permission. provided that the author and Res days leading up to the November 22 value when "giving" him the ticket. Gestae are credited and notified. Ohio State kick-off saw a groundswell of postings advertising spare tickets. Most But shouldn't the simple laws of supply Res Gestae welcomes submissions. Please place students didn't name their prices, instead and demand dictate that the tickets should all articles. columns. or opinion pieces in the Res Gesrae pendaflexlocated on the third floor willing to let the free market dictate a rightly fall in the hands of the highest of Hutchins Hall across from the faculty ticket's value. ("Aamace" promised the bidders? Subjective value placed on an mailroom. Submissions may be made on 3.5" "best offerby noon Friday" would have Ohio State ticket does in fact raise its price disk or via email (preferably as an MS Word the ticket, while"Rshill" pressed readers, (or cost) above the $19.50 face value. attachment). Res Gestae reserves the right to edit all submissions in the interest of space. "make me an offer I can't refuse.") Along with the ticket, a buyer gets to witness an historic Big Ten rivalry, one Mailino address: Yet Michigan law clearly prohibits the where bowl eligibility is determined. And, Res Gestae sale of a ticket "at a price in excess of the with admission into the Big House, the University of Michigan Law School 625 South State St. amount set forth on the ticket." Mich. buyer even has the opportunity to be part Ann Arbor. Ml 48109 Comp. Laws §750.465. The law provides of the "largest crowd watching a live Phone: (734) 936-2574 for one exception, the rare instance in football game anywhere in America." which the person selling the ticket "has Web Site Address: http://www.law.umich.edu/ the written permission of the owner or Not to mention that the bargaining goes JournalsandOrgs/rg/ manager of the event or place where the both ways. Ssadighi,who started out with � event occurs." So, have the law-abiding a $200 asking price, admitted his folly and 116 Legal Research (near the Law School Student Senate office) students at the Law School been granted came back to the bargaining table with the this exception? following: "OK, so I had a hard time [email protected] Continued on Page 21 ------���===�es==@=e=st=a=e======25=�=o=u=�� ==er=2=00= 3======�=====· ====3�11 Robert Ru bin Welcomed at 2003 Dean's Special Lecture

By John Fedynsky Throughout his speech, Rubin referred booming 1990s. Particularly, Rubin 1L to deeper analysis in his book. His light­ criticized tax cuts that should have been ights, cameras and a standing hearted and at times frequent sales temporary and focused on those more room only crowd in Honigman pitches elicited laughter, particularly likely to spend. Auditorium welcomed Robert when he said that purchasers of 100 of Rubin on Tuesday, November 11. The his books "get a free toaster." The economic outlook, according to former Secretary of the Treasury for the Rubin, is good until about the second Clinton Administration and current Despite inherent uncertainty, Rubin quarter of next year. President Bush's director and chairman of the executive said that good and bad policy choices stimulus packages, homeland security committee of Citigroup, Inc. visited the exist and that much depends on those spending, and other factors will drive Law School to deliver the 2003 Dean's that growth, though Rubin noted Special Lecture. concerns about unemployment. The "big question"according to Rubin is, once the After brief remarks by Dean Evan stimulus runs its course, "will the Carninker, Assistant Professor Michael recovery continue and be self­ Barr, a relatively new member of the sustaining?" faculty and a former colleague of Rubin's at Treasury, formally introduced Rubin. He gave no hard and fast answer, but he did analyze some risks associated Rubin thanked Barr and jokingly with the "big question." According to distanced himself from Barr's claim that Rubin, most forecasters ignore the risks Rubin was the principal architect of because they cannot be quantified and Clinton's economic policy. "Bill Clinton do not fit into economic models. First might have somethingto say about that," among them are domestic and global quipped Rubin. poverty. Aside from being a moral issue, Rubin said that there are "reasons of The speech was titled "Globalization, imperative self-interest" - such as Trade and Our Fiscal Morass: The combating alienation and terrorism - Challenges Ahead." The speech focused that should make poverty a large on some key economic issues that Rubin concern. He suggested that this risk calls said face America, as well as his own for America to increase its foreign aid outlook on where the economy is headed. packages and to push for reform in the World Trade Organization. Prefacing his remarks with a general choices. "Policy was central and description of his own world view, Rubin indispensable [to the growth of the The second risk that Rubin discussed recounted a philosophy course that he 1990s]," he said. Rubin also noted that was the need for geopolitical took as a sophomore at Harvard. The America would benefit from a more multilateralism. Related to that risk is the ultimate conclusion and theme of the economically literate electorate. third one: trade. Rubin spoke at length course was, "there is no provable about trade, noting in particular the certainty," Rubin said. Accepting that Despite the growth of the 1990s, Rubin politically difficult problem of overseas view, "then reality is complex and acknowledged "imbalances" that arose, outsourcing of goods and services due in decisions are about probabilities," said such as consumer and corporate debt, as large part to real-time communication Rubin. "The number one priority is to well as an overvalued stock market. technology and large educated work have this mindset," he said. Rubin's These imbalances, he said, lead to a forces abroad. acceptance of that mindsetwas apparent "virtually inevitable period of difficulty." in his remarks, as well as in the title of Rubin criticized some of the policy his new book, "In an Uncertain World." reactions, excepting the Federal Reserve Continued on Page 27 Board, to the difficult time after the �' '=4======�= �=�==�====�==es==@ =e=st=a=e=====2=5=�==ob=e m=b=er=2=00=3==�1�1 ------New Student Group Takes Aim at School Policy, Federal Legislation

By Michael Murphy According to a brochure distributed by complaint for lack of standing (FAIR, law the Law School's Office of Career Services schools, SALT, individual faculty, law tudents opposed to a piece of ("Recruiting at Michigan 2003-2004"), the student associations, and law students all federal legislation that they law school's recruiting policy prohibits have standing). The Court also denied a say is unfair and employers whose hir_ing practices, motion for a preliminary injunction discriminatory formed a new student "discriminate in recruitment or against application of the Amendment. organization a week ago Friday. employment against any person because of race, color, national origin, ancesfry, Dean Evan Caminker addressed the The organization, known as Students religion, creed, age, sex, marital status, issue of on-campus military campus Opposed to Solomon (SOS), presented a sexual orientation, handicap, or Vietnam­ recruitingin an e-mail to students on Nov. background of the Solomon Amendment, era veteran status" from visiting campus. 14. He addressed the cancellation of a to 52 students and faculty members lunchtime event with a representative attending a Te ach-in meeting, including An asterisk next to this passage states from the Air Force Judge Advocate its application to the U.S. military's policy that the policy applicable to sexual General (JAG), the publiciy of which, of allowing openly homosexual orientation does not apply to the United according to Caminker "inadvertently applicants. The meeting, held on States Armed Services. created the impression that a Colonel November 16, was pulled together by from the U.S. Air Force Academy was Lisa M. Spreitzer, 3L, and Beatriz Biscardi, In the early 90s, the Michigan Board of invited to come to campus as a military 2L.. Regents directed the law school to grant recruiter." access to the military. "Even should the The military's "don't ask, don't tell" Solomon amendment be repealed, the Caminker added that the talk was not policy inhibits openly homosexual military would still interview on a recruiting visit, and he planned to find prospective applicants from joining. "You campus," said Madeline Findley, a "more appropriate forum in which (the may serve but you have to lie all the Speakers Committee Co-Chair for the speaker) might return to campus and time," explained Geniveve Vose, co­ Outlaws. speak in a non-recruiting capacity." President of Outlaws, a law student organization dedicated to issues affecting A group of law schools, including NYU He will also create an Ad Hoc Dean's gay, bisexual, transgender, and lesbian and Boston University, created the Forum Advisory Committee on Military students. for Academic and Institutional Rights Recruiting comprised of faculty and (FAIR) and, with the Society of American students to examine this issue and The Solomon amendment, which Law Teachers (SALT), sued the U.S. recommend a course of action. passed in 1995, prevents colleges and Government in federal court in New universities that receive federal funds Jersey last month on the grounds that the Several student groups, including the from denying the armed services access Solomon Amendment violated the First ACLU, Black Law Students Assocation to any part of campus. This includes Amendment. Namely,the schools rights (BLSA), and the Latino Law Students access to students on the school's campus, to free association and academic freedom Association (LLSA) will vote soon about as the ability to participate in student are in jeopardy. Other Law schools that whether or not to join SOS in public recruiting. The amendment applies even have publicly announced their opposition to the Solomon Amendment when the college or university itself membership in FAIR include Golden and on-campus military recruiting at the prohibits employers who discriminate on Gate University Law School and Chicago­ law school. the basis of sexual orientation from Kent College of Law. Michigan's recruiting on campus. We re the Law participation in the lawsuit is unlikely. According to Biscardi, SOS's next goal School to prohibit the military from "The general outlook is not very good. is to distribute and collect signatures on recruiting on campus, federal funding To join in the lawsuit, may have to go a non-discrimination petition would be threatened for the entire through board of regents," Vose said. demonstrating popular student university. opposition to the Solomon amendment. Recently, a judge in New Jersey denied the Government's motion to dismiss the • ------illl===�e=s=®=e=s=ta=e======25=�==ob=�=M=c=r 2=00= 3======�==��== �=====5�11 Treatment of JAG Corps Threatens Academic Freedom, Institutional Identity

By .John Fedynsky administration should acknowledge that School. Intrigued as a lL by the plaques fact and take corrective action. What is in Hutchins Hall and at the base of the omething is rotten in the Hall the harm of "confusion" here unless it is flagpole in the Quad commemorating of Hutchins. It stems from a based largely on viewpoint? The harm is that relationship, I researched the story decision by the that some members of our community behind the plaques. I urge you to access administration (it is unclear who exactly will mistakenly think that the Law School it online. Go to our web site and look made the call) to cancel a brown-bag endorses a viewpoint that those members under RG Resources for the back issue of lunch featuring a colonel from the Judge of the community find repugnant. Rather February 19, 2002. Read the article and Advocate General (JAG)Corps of the U.S. than remaining true to its role as part of a see where you stand. I, for one, find it Air Force. University where, if anywhere, a appalling that an institution that once marketplace of ideas should flourish, the fully devoted itself to the JAG Corps (the According to our Dean, the military's Law School bent to a heckler's veto and Lawyers' Club was so full that cadets congressionally sanctioned "don't ask, impermissibly squelched protected were also housed in the Michigan Union) don't tell" policy violates the Law School speech. That decision - whatever one's now cannot stand to even allow one of and the American Association of Law view on "don't ask, don't tell" - is its officers to speak and answer questions Schools' anti-discrimination policy. troubling. for the benefit of students for one hour in Application of these policies would ban one room. As Oliver Wendell Holmes the presence of military recruiters on­ I question the Law School's decision on wrote, "a page of history is worth a campus. But the Regents of the University several other grounds. D.C. Lee outlined volume of logic." New York Trust Co. v. and federal legislation called the Solomon two of them in this newspaper back in Eisner, 256 U.S. 345 (1921). Amendment forces the Law School to September (long before this latest make an exception or risk losing all of the development) in response to an e-mail I rue the day that animus toward the University's federal funding. from Dean Caminker explaining the JAG Corps nullifies all meaning behind military recruiting situation: social loss those plaques, or, worse yet, results in It was within this context that the lunch and student autonomy. Though the lunch their removal. The cancellation of the sparked controversy. ,Some vocal was not aimed at recruiting, information brown bag lunch was a disturbing step students, according to one widely obtained at it might have aided interested toward that possibility. On that shameful circulated e-mail, were "trouble[d] students in their job search, with the day that none of us should live to see, deeply" by the lunch, perceiving it as the possibility that some would have decided something will not just be rotten in Law School's "decision to go above and that the JAG Corps is not for them. Hutchins, it will be dead and gone. beyond the requirements of the solomon amendment [sic] ...." The event was Herein lies the social loss. When the promptly cancelled and Dean Evan Law School categorically inhibits the Caminker sent the following explanation ability of an employer as large and unique • on Friday, November 14: as the military from reaching students, even if only for informational purposes, "The event was cancelled solely to it makes it harder for students to find the avoid any confusion about whether it was job of their choice. Student autonomy r------., indeed recruitment-oriented. It is inheres in that last clause - of their choice. emphatically not our policy or practice to The choice should rest with students. We I Have An Opinion? I I I cancel speakers based on a disagreement are all adults here, capable of gathering E-Mail Us Your with their views or, in this case, the views information and deciding for ourselves I I of their employers; academic freedom is something as important as what kind of I Submissions! I a preeminent value and virtue of this legal career to pursue. I I community." I I Finally, a note on history. During and I [email protected] I Give me a break. Academic freedom until after World War II, the Law School, I I lost out to a heckler's veto here and the in exchange for $1 a year, hosted the JAG ..______.. lie �es �estae 25 Jf!ol:Jember2003 II Qu ick, Legal Ways to Earn Extra Holiday Cash

By Sara Klettke MacWilliams Krispy Kreme fundraiser: 248-427- happen if they expose themselves to drug 0300, 27695 Grand River Avenue, Livonia, trials than what might happen if they live he holiday season is such a MI 48154: U-M campus has far fewer 24- on boxed food. This is good news for you joke. Consumerism has hour pastry shops than the rest of the - medical researchers are hungry for turned the holidays into state. Drunk people, busy people, and subjects and thus pay, sometimes big nothing but a shopping frenzy where people with a sweet tooth all love Krispy bucks, for you to take pills and be injected normally rational Americans shower Kreme. Concoct an organization, call the with strange substances. themselves and their families with high­ Livonia Krispy Kreme to inform them of priced sweets and $20 posed pictures your fundraiser and to get a discounted The U-M medical school website lists with fictional North Pole dwellers. This fundraiser price, get advance orders (and clinical trials, including paid trials, that year, the only gifts I am giving are my love advance payment), and drive to Livonia are looking for subjects. One example is and homemade low carb brownies. (this writer commutes from the area a sleep study that includes three nights daily) to get donuts. Donuts are far more of sleeping at the hospital and pays $500. Who am I kidding? The holidays and original than $1 candy bars. The law of Downside: All the risks of canned chili all their excesses are wonderful. When economics and food suggests thatyou can and more- plus needles. those stingy people in the hiring office of make more money selling mass quantities your law firm turn down your request for of cheap, sugary munchies than anyone Sell your gametes. a holiday bonus, here are some relatively will pay for your pre-graduation easy;legal ways to earnenough extra cash consulting services. Posner thought we should let people to turn the three weeks off into a real sell babies. Every student and professor vacation. Downside: It may be extremely difficult here has an opinion on the topic (and on to spend any time near delicate Krispy Posner.) Policy aside,the fact is that Get a O% APR Credit Card Already Kreme concoctions without eating them. buying and selling gametes is legal. This could lead to painful indigestion and Disturbing as it may be, donees of these This is an especially good option for an immense sugar high. cells often want to - and are allowed to­ someone who will be entering a law firm screen donors for desirable in the next 11 months. Bank One Mail Order Catalogue Representative characteristics, such as a superb brain (www.bankone.com)'s website lists a A long shot, but it may be worth a try, inside a pretty body (which we know U­ variety of 0% APR introductory rate cards especially for those who have a sale rep's M law students all have). offered through different institutions. gift of persuasion. The no-interest period runs six to twelve Sperm: tel. (248) 644-5822; 189 months depending on the card. Some ideas include Tu pperware parties Townsend Street, Birmingham, MI 48809. (www.tupperware.com) and Avon A google search might turn up an Downside: all the money you spend representatives (www.avon.com). You individual couple looking for someone will, like your student loans, have to be have very few resources and have already exactly like you, but for anyone with a paid back. borrowed against your brain, so use the car and a telephone, the International one you have unencumbered Cryogenics, Inc. office in Birmingham Sell Something (Detroit area) is a good place to start. The Be a medical test subject. U-M Medical office pays$45 I donation and asks donors Ebay auctions: For a small montly fee, School: www.med .mich I 1 clin I to donate twice a week, with a lump sum you can register to become a vendor on clintri.htrn. being paid at the end of the month. Ebay. Start selling your possessions -or anything you can thinkof. One idea: next Recent studies reveal that all the Downside: the doctors may require year's Michigan State ticket is preservatives used in food may be as donors to curtail extracurricular activity nontransferable, but you can use your harmful to people and their offspring as to save energy. legal skills to find the loophole. cigarettes. Despite these and other alarming studies, most Americans are Continued on Page 21 much more concerned about what might ------����===�e=s=®=e=s=ta=e======2=5=�=o=b =en=w=er=2=00 =3 ======� ==·�== �=====7�11 Your Brain on Drugs: How Not to Take Law Sc hool Exams

By Michael Murphy lab Phil to retrieve the data lost by your a lot of coffee, and I would be a hypocrite ] scrambled brain. You've all seen The if I condemned that course of action. My 've finally bought into the idea Osbournes. I mean, damn. nasty dog breath and the burnt sienna hue that grades matter, and how it's of my teeth will prove that I'm guilty of important to come to the test A friend of mine is claiming to have that (ladies, I know you're swooning). I'm with as many 'edges' as you can. But what soon some pills found over the Internet also jumpy all the time and I go to the about the 'knowing the material and how that the military uses for special ops. bathroom seriously 10 times a day. (once to apply it really well' edge? It doesn't (Note to the appropriate authorities: my again, ladies, how you doin'?) Caffiene seem like anyone's talking about that. In 'friend' is, of course, hypothetical. The may not be great for you, but it's at least fact, people I know are talking more about majority of my friends are 'hypothetical' legal and generally not attitude adjusting. edges in time management, information in one way or another, you know). I'd draw the line betweeen helpful and organization, and drug abuse. harmful at what amounts to hard-core But there's a small but noticeable drug abuse. I know we're all going to a Yeah, drug abuse. Whetherit's caffeine difference between your average Torts lot of time and expense to obtain these or Ritalin or some stuff off the Internet, exam and your average "Sweep and grades, but are chemical shortcuts to we've all considered a chemical-infused Clear" Delta Force lightning raid against motivation really worth the risks and edge. a terrorist cell. You don't have to run side effects? around or kill anybody in your Torts Thing is, given their study habits, I'm exam (depending on your To rts I feel like, based on some conversations pretty sure the people in my section are professor, anyway. And you should check with my section-mates, people are discussing using drugs during finals not prior exams about that, ' cause those guys spending too much time looking for the as a means by which to do better for can do anything once their tenured). Also, edge and not enough time reading the exams, but as a reasonable justification in Delta Force there's a medic right there course material or asking questions about for them to do drugs. We're funny like in case your brain blows a circuit or two. it. Put another way: if the shortcut takes that. Not so in an exam. more time and money than the usual route, that's no shortcut. Especially if it I don't mean to sound like Butters from And not to offend anyone in the turns you into Ozzy. (I guarantee he South Park or Nancy Reagan (which I military because I have the utmost respect wouldn't interview so well at Skadden, know I do all the time) but; popping pills (read: am too much of a wussy) for what people. Unless the interviewer was totally is bad. Stuff like that, without getting too they do, but the military does have a into Sabbath or something). scientific, it's like Electronic Blue Book tendency to put soldiers into dangerous software for your brain. situations (live combat, for example). I'd like to discourage all law students They may be slightly less concerned from taking any sort of performance or Like the EBB, pills in your brain make about the side effects of such drugs, and energy enhancing drugs during the exam it work in a way contrary to the way it's that's their idea of triage; a wake-up drug period. Except, of course, for the people supposed to work, so don't be surprised that messes up someone' s brain down the in my section whose grade curve I'm on, if it's not just your laptop but your mind road is bad, but falling asleep and to whom I inviteto fully tear themselves that crashes three hours into the exam. crashing a helicopter full of guys is worse. up as much as possible. I have a list of Changing the chemical composition of (Same argument: A chemical agent that reputable web sites that you should try the very thing (your melon) that you need defoliates the jungle is bad, but the out. And if you order Ritalin and to rely on closely, at exactly the time you guerrillas in the jungle are worse) That accidentally get Viagra? Well, that'll keep need it, may not be the best idea. said, they probably care more about their you up, too. (Thank you, I'll be here all soldiers than your Internet pharmacist week). Or as one of my non-law school friends cares about you. put it: "It will probably be a bummer if That said, good luck on exams, you're sitting down to take your exam Another friend of mine pops everyone, and see you next semester. Be and you're tripping balls. No, it would caffeinated mints, and that's not so bad, safe, have fun with it, and tear it up! be sweet." Thing is, there's no computer really. That's just a direct way of drinking + �' '=S======�= �=��q== ==�==es==® =e=st=a=e=====2=5=�==uo =rn=w=er=2=00=3==�11 � ------Of Earrings and Other Symbols: An Hour with Professor Sherman Clark

By John Fedynsky and The entry-level hiring committee. We of people - not the entire universe, Andy Daly have two committees this year. Steve sometimes there are people clerking for Croley is chairing the committee aimed the Supreme Court or internationally rofessor Sherman Clark lives at hiring laterals and I chair the committee educated candidates, but almost all of the by symbols. Mere symbolism aimed at entry levels hires, just beginning entry-level candidates come through that is anything but mere for him. their teaching careers. process. There are maybe about a thousand of them on the average. As a His research interestsand his in-class What are your responsibilities? committee we have to decide which of discussion betray his penchant for talking those people we want to get to know. about the deeper meaning underlying the That means trying to locate potential There is a conference where we will talk law. Woven within his treatment of his young teachers and faculty members. to the 20 or 30 we are most interested in. other favorite topics - torts, evidence and Although That part of it is relatively Those 20 or 30 are selected by reading sports law - is a nagging question: what does it say about us as a community?

He left home at age 16 for college, dropped out and joined the Army. He finished college elsewhere at To wson State University and graduated from Harvard Law School. For a few years, he worked in private practice in Washington, D.C. at the law firm of Kirkland & Ellis. He joined the faculty in 1995.

Recently, Professor Clark sat down with Res Gestae to talk about faculty hiring, flies in the ointment, the military, boyish pursuits, coaching straightforward because there's an their work, calling their references, or grade school sports, and, of course, elaborate process. Potential teaching looking at their backgrounds, things of symbolic meaning. candidates submit their information to an that sort. We also decide based on what organization called the Association of our needs are. You are chair of the faculty hiring American Law Schools, which gathers committee? that and makes it available to the law schools in a systematic fashion. So we are able to find out, pretty much the universe Continued on Next Page ------llll��es���es�t�a�e ==�2�5���o�uc�mb�c=r2=00=3======�==��==�== ===9::UII Continued from Last Page any con text. don't think of it so great to teach is that they're both really quantitatively, like "how many?" like "we smart and congenial. They usually do not The next process, which we are in the need to have six and we only have three have what some people report from other middle of now, is that we have some or we need to have eight." I think of it prominent law schools: a nasty undertone number of them who we want to get to just in terms of meeting all the needs of to the classroom debate. When somebody know a little better. We have them come our students, of enriching all of our asks a question, my experience has been, in for a lunchtime talk and we ask them students and enriching all of our own it's because they want to know the answer unfair and difficult questions about their intellectual lives. We could use a diversity or that they have something that they work. That will culminate in about half of voices among our faculty. That doesn't really want to add to the conversation. I of dozen of them being brought back just mean, although it does mean, that we don't see that undertone of point scoring, before the entire faculty for a "job talk" need more minority faculty; I think we of "Ha-ha, I got you!" I like that.I like the and the possibility of them getting an need more conservative faculty; I think fact that we get along and speak amicably. offer. That will result in some of them we need more radical faculty. We tend to I would like to think that we could make getting offers, which will result in one or be a sensible, left-leaning, moderate way for a broader range of voices and still two of them accepting and one or two group of folks who get along quite well keep that. I wonder sometimes. If taking a job at Harvard, Chicago or Yale, and speak to each other amicably; and somebody is thinking in their mind a or wherever else they decide to go. that's great andivalue that. Butwecould position that is a little out of the use a fly in the ointment once in a while mainstream, right, left or otherwise not Anyone who has been around lately to stir up the debate; whether that be a on that spectrum, I want to believe that is keenly aware that the Law School voice from the right or from the far left. they feel free to speak up. I like the looks to diversity in recruiting its discourse I see in the classroom here. I student body. Is that a driving concern When I think about enriching the wonder if there is a wider range of views for faculty hiring? faculty, racial diversity leaps to mind lurking and I want to create a place where because it has been such a focus, and it people feel like theycan speak up without It's a huge priority, and it is one area in should be a focus, but that's just the first being accused of being a crazy which our hiring efforts have not been thing that comes to mind. It is no way communist or a radical reactionary, or successful. We have a great faculty, we inconsistent with what Michigan is. What whatever. The richer and more diverse have a great junior faculty and in many we are as a faculty is a broad, diverse your community is the more often people ways one of the most diverse, rich and group with psychologists and social with a range of perspectives feel they can intellectually broad faculties in the scientists and law and literature types, speak up. country. But on othermetrics, like race for you are likely to walk into someone's example, we are not a diverse faculty. office and are as likely to hear them Did you have a different experience Having been in a sense, carrying the pail talking about ancient Greek as modern as a student at Harvard Law School? for the diversity issue before the Court, politics. So a rich set of perspectives on one might say "Physician heal thyself." the law is what we are about. So in a Yes. The Harvard classroom of ten We are keenly aware of that. We are sense, it is being true to ourselves to try years ago was much more dramatically continuing to try to identify and reach out to follow through on that and to continue divisive and politicized. The whole law to top minority candidates in particular, to have a wide range of voices. school is more politicized, with an edge, and women candidates. Our faculty a sharper edge to the conversation. Not overall is more men than women, There are other particular reasons to that I didn't have some great although among our junior faculty, the worry about race of course. Students have conversations in and out of classes, I sure hiringover the last decade or so has been expectations and students are made to did. I had just come out of the military a more even as far as minority candidates feel welcome or not welcome by inchoate short time before that and the sharper in particular and women. A lot of other aspects including the composition of the edge did not bother me. In fact I kind of schools aren't much better, but some are, faculty. Those things are real and they enjoyed it at times. But I know that a lot which suggests that some things can be matter, but theyare part of a larger set of of people did not enjoy it, and I think that done and thatitis not purely an applicant concerns. What makes this place so great it stifled more discourse than it pool problem and that we can do some are the many thoughtful peoplehere from encouraged. things to reach out. different perspectives and we should continue to work for that. Te ll us about your military Would you say that the law school background. lacks a critical mass of minority and In the sections of students you have female faculty members? taught, have you found that they are It was very modest. I was enlisted in enough flies in the ointment? the Army after two years of college and I I don't know whether I'd use that phrase for faculty. I don't know whether I hate to speak against interest because Continued on Page16 I would fall in love with that phrase in one thing that makes the students here II 10 c%..- 31\.es ®estae 25 �obember 2003 lit------Transnational Law, Base-Jumping and Lederhosen - You Gu essed It, Professor Mathias Reimann By John Fedynsky and uninterrupted work time and then sort learn a lot more. People usually Michael Murphy of pay for it next semester. So far, in the underestimate how much more energy it uninterrupted work semester, things takes to teach a large class. It seems like s far as elective courses go, stu have worked wonderfully and I've gotten it shouldn't make a difference whether dents are more likely to en a lot of work done. So we'll see how it you have 50 or 100 students in the counter Professor Mathias goes in the winter. classroom. It takes a lot more energy to Reimann next semester than any other keep the attention of 100 students than member of the faculty. He will be shoul­ Once you're teaching six hours, I think to keep the attention of 50. Also, with dering a heavy teaching load of popular you might as well teach ten. It makes just large classes, if you teach them all the electives- two sectionsof Jurisdiction and a marginal difference. The grading will time, you really have almost no chance one of Transnational Law. be horrible. to learn the individuals and their names, and that's not ideal. By way of introduction, Reimann is the How do you feel about teaching two Hessel E. Yntema Professor Law, sections of the same subject? Have you taught any seminars in the specializing, broadly speaking, in past? international law. Specifically, he helped It has its up sides and down sides. I've to hatch and is working to implement the done it before when I used to teach Torts. Not in over ten years. I used to teach Transnational Law requirement. You have to prepare only once - that seminars but then all this international helps. But it's more difficultthan people stuff came my way. I enjoyed it a great Tr ained in his native Germany as a think because you've got to keep both deal, and I've done it abroad fairly legal historian, Reimann first carneto the sections exactly on track. You can't get regularly. But I simply don't have time to Law School to pursue an LL.M. degree, ahead of yourself in one and fall behind do it. I wish I had. which he obtained in 1983. Since then, he in the other. Otherwise you lose control. found his way onto the faculty, where he But since I have a carefully planned Is it fair to say that you were the busies himself with research, teaching, schedule, I think I can do that. architect of the Transnational Law base-jumping, and the occasional night course? on the town in his lederhosen. Do you miss teaching the first-year students at all? I wasn't the sole architect. I was the one You seem to have a rather heavy who came up with the idea and pushed teaching load next semester - two The teaching of first-year students is a it hard. With help from former Dean Jeff sections of Jurisdiction and one section lot of fun because it's very gratifying, Lehman, we persuaded the faculty that of Transnational Law. How did that because they're very eager to learn and this was a good idea. So I have to take a happen? they learn fast and they work hard. But I large part of the responsibility one way have so many other things to teach in the or another. The architecture was more a Basically, because I shifted all my international arena that isn't really suited joint product of the firstround of people teaching to the winter term, I'm not for first-year teaching, so I don't miss it who taught it. Jim Hathaway and I put teaching this term at all. that much. First-year students are also the first set of materials together. So I obviously very slow in the beginning, and think we would be the original joint Do you like to divide your time I am an impatient person. So I guess I architects. By now several other people between teaching and research that prefer the faster pace of an upper-class have worked on this and we keep way? course. working on it We're now beginning to put a casebook together and are It's been my experience that if you Do you like large-sized courses? redesigning the architecture. But I've teach a regular load, between teaching been involved in it from beginning to and committee work and other stuff,you No. I wish they were all smaller. If I had now. don't have a lot of uninterrupted research my druthers, I would probably limit time. At least I don't get much work done. classes to about thirty people. It's a lot So I'm trying to have a full semester of easier to teach fewer people and they Continued on Next Page ---- � ------�� ===�e=s =®=e=s=ta=e======25���ob=em=b=IT=2�00= 3======�� ��� �===ll:dll Continued from Last Page ultimately what we want. We want them Notice has been taken widely. to see international stuff as part of the constantly give talks at other law schools, Are you happy with how it's been basic toolkit, just like anything else in the and at the Association of American Law implemented? first year. In terms of really Schools, and conferences and so forth. understanding the material, it's probably This has become very popular. This is Yes and no. By and large I think it's better to take it in thesecond year, because probably the best advertisement we've turned out to be a very good idea. Now it draws on so many things in the gotten in many years. Lots of other law that we're seeing the first generation of domestic sphere that students simply schools are thinking about something like students who have been through it, it don't know enough about in the first year that. I don't think any law school has yet makes a big difference in the discourse and that it's difficultto understand. Much taken the step. It takes a long time to of upper classes. People are just more of what you learn in the courses, you persuade the faculty. But I know of aware of international dimensions, and learn it by contrast. You learn what probably about ten law schools where everybody agrees on that. international tribunals are all about by such an idea or a similar idea is under contrastingthem with domestic tribunals. active consideration. Part of why we're I think it suffers from two problems But if you haven't read enough about doing a casebook is to alleviate the that we're now addressing. One is that how domestic tribunals work, the concerns that once you institute such a two credit hours are not enough. I think contrast doesn't work. So my guess is that course you have nothing to teach it from. we need three, without teaching more it's ideal as a course in the first or second But when you have a casebook on the material. That would help a lot, because semester of the second year. And maybe market, that looks good. People might be the students need more more inclined to absorption time. And pick it up and do it. the other is that, and this has been my Who are going concern from the very to be the authors of beginning, we have not that casebook? yet successfully developed a core idea. Other than I think we owe the myself, two people students a one­ who have taught sentence message of the course here - what this is ultimately Tim Dickinson, all about. And we don't who is an adjunct have that quite yet. But who has taught it once we have that, it with me and who is will be a lot better. I a longtime friend. think we're getting He's a practitioner, there. When you start a so we have new course, you're somebody on experimenting. It takes board who does the a few years before you stuff we're really understand what teaching. And the to do and not to do. So, third person is I've been happy with having it what we'll do is we'll recommend that Karima Bennoune, who is a graduate of implemented and havingit a mandatory students do that but leave them the this law school and has also taught the course. I'm semi-happy with the way it's option. A lot of students want to take a course here as a visitor and who is now been running. lot of upper class international law on the Rutgers Newark faculty. She is a courses. For them it might be a good idea specialist in international law of human Do you feel it's something that to take it early so that they have the rights. students should take in their first year? choices in the second and third year to go for advanced courses. Students who have taken your courses That's something we're debating right have probably noticed , both in the now. I used to teach comparative law and Have other law schools taken notice course pack and even on the cover of it raises the same issue. The argument for of what U of M is doing and have any of final exams, that you like to use cartoons taking it in the firstyear is people's minds them instituted anything similar to what as a sort of light-hearted joke in the are open and they learn this from the get­ we have? middle of a lot of hard substantive go as part of the basic toolkit. And that's Continued on Page 22 �' '=l=2====�== ·=���== ==�==es=�==es=t=a=e=====2=5=�=o=u=e m=b =er=2=00=3==�� ��------Ju st In Time For Autumn: The Shins, Chutes To o Narrow

By Steve Boender vocals are higher in the mix, pointing the learned fast how to keep my head up spotlight directly on his lyrics, which 'cause I know I've got this side of me that The Shins relish the attention, fitting perfectly into wants to grab the yoke from the pilot and Chutes To o Narrow the complex melodies. fly the whole mess into the sea." Sub Pop Records Lyrically, the record is the perfect It may appear that the record is on the ��� � accompaniment for Ann Arbor's depressing side, but that couldn't be transformation to summer hippie-haven farther from the truth. For every sullen 4 I 5 gavels to desolate frozen wasteland. While resignation, there's a faint glimmer of we've yet to see winter in all its terrible hope. If Mercer is going to lose, he's going nother review, another highly glory, there's a sense of despair in the air, down fighting. In the up-tempo anticipated follow-up to a as if every living thing knows what's countrified jam, "Fighting in a Sack", hyped debut record. Last time, coming. This sense of despair fits Mercer defiantly wails, "so let's abandon we learned about the Strokes' triumphant perfectly with many of the tracks on that track and leave our fathers fighting return with Room on Fire, and in a sack cause we are here we are now with The Shins' way too wise-assed for Chutes To o Narrow. Beyond the that." The melodies also aforementioned connection, the contribute to the similarities are eerie: Both record's positive side. records exhibit considerable Even the most development of the bands' despairing tracks are respective song craft, both bands' ironically juxtaposed names begin with "The", both against sugary sweet bands' names follow up "The" melodies, illustrating with a word beginning with "S", the joy that can and both records will get you big­ accompany sadness, time hipster cred when you and vice versa. name-drop them at Espresso Royale or Urban Outfitters. That, Certainly more however, is where the similarities complex than its end. predecessor, Chutes To o Narrow exhibits a band The Shins' debut was lauded hell-bent on continuing as the second coming of the to evolve. While that Beach Boys. While falling short complexity may throw of that lofty goal, the record was off some fans of the pure pop candy. Instantly previous record, those digestible, both musically and who stick around long lyrically, few critics or music enough to pay attention nerds could help but fall for the band and Chutes To o Narrow. In the organ-driven will be rewarded with a record that will their quirky video, featuring a superhero "So Says I", Mercer faces the failure of his hold up for years. Like contemporaries Saint Bernard, that was in heavy rotation own ideals, singing "Because it was Belle & Sebastian and The Magnetic on MTV2 for several weeks in the nothing like we'd ever dreamt, our lust Fields, The Shins have solidified summer of 2002. With this record, the for life had gone away with the rent we themselves as purveyors ofperfect music Shins have kept the quirkiness and the hated, and because it made no money for a Sunday morning in November. pop sensibilities intact, but a bit subdued. nobody saved no one's life." In the Singer James Mercer displays greater acoustic "Young Pilgrims", Mercer again nuance in his vocal delivery, and his deals with letdown, quietly crooning, "I ------illl===�es==@=e=s=ta=e======5=�2 ==ob=emb== er=2=00=3======�==��======1 3�' ' What's in an Oil Change? 3L Offers Money Saving Advice for Car Owners

By Seth Drucker or every 12 months, depending on your device in the modern automobile. As driving habits. such, you should treat yours with great etting the oil changed in your care; meaning if it ain't broke, don't fix it. car can be a real hassle. Aside If you live in L.A. or Miami, you will Most modern transmissions are from having to take time from have to change your oil more often than maintenance free for at least 100,000 your busy day to get it done, you also if you live in Minneapolis. Again, your miles. The only maintenance required is have to deal with Cooter at the Quickee owner's manual contains information a regular fluid check at the time you have Lube. Sure, Cooter pretends to be your that will help you decide how often to the oil changed. Again, check the owner's friend by offering you all kinds of change your oil. manual to understand your vehicle's wonderful services in addition to the oil particular needs. change, but are these services really Unfortunately, Cooter will tell to necessary, or are they just a waste of your change your oil every 3,000 miles, and if There is no need to change the valuable beer money? you don't you will "go straight to hell, transmission fluid filter or the fluid. In where [you] will eat naught but burning fact, neither can be properly done at a Well, I am here to say, that in most hot coals and drink naught but burning lube shop. Further, changing either will cases, you are just wasting your beer hot cola ...where your soul will be likely lead to more trouble than it money if you take Cooter's advice. Listed chopped into confetti and strewn upon a prevents. Tr ansmissions are extremely below are the services he is likely to offer parade of serial murderers and [music sensitive to particulate contaminates you along with advice on how to properly down-loaders]."1 (dirt). Any time you open up the maintain your vehicle, without putting transmission, as is required to change the Cooter's children through college or It would be nice to think Cooter was filter, you increase the chance of ingesting using up your precious beer money. really concerned with your eternal foreign particles into the transmissions salvation, but he really just wants to make and causing great harm. Don't Be a Man, Read Instructions! a buck. The profitmargin on an oil change is, how shall I say, HUGE! Shops charge Now, if you pull a trailer, or do a lot of The first and simplest piece of advice $30 to $60 for an oil change. The materials mountain driving, you might need to is to consult your owner's manual. Really, cost them about $7 (oil, filter, rags, change the transmission fluid before it's not just there to take up space in your disposal), plus 15 minutes of minimum 100,000 miles, other than that, leave it glove box. And remember, your owner's wage labor. More importantly, it is a great alone. manual trumps the advice in this column. way to get people into the shop to pedal I don't want to get sued. more high margin products and services Fuel Filter: OK, I'll Give You This they don't need. One, Cooter. Engine Oil and Filter: Repeat After Me "I DO NOT NEED TO CHANGE Buying a fuel-efficientcar is a great way Typically, a fuel filter will last about MY OIL EVERY 3,000 MILES, UNLESS to conserve fossil fuels. Another great 30,000 miles. Changing your fuel filter is MY OWNER'S MANUAL SAYS SO, way is to change your oil in accordance more important than in the past because AND YOU CAN'T MAKE ME!" with the recommendations of your modern fuel systems are very sensitive owner's manual, not Cooter. If you to impurities. It is especially important if Like all regular maintenance items, the change your oil more than the owners you buy cheap fuel, as it is likely to have best place to find your vehicle's service manual or oil life system recommends more contaminates than if you buy name requirements is the owner's manual. you are wasting your money and brand fuel. Many modern automobiles can go as long precious fossil fuels. as 12,000 miles or 12 months between oil And, if your vehicle does develop a changes. Additionally, many vehicles - Automatic Tr ansmission: Check problem - such as rough idle or weak General Motor's in particular - have oil Please, Nothing More. acceleration - thefirst question the dealer life monitors that tell you when to change will ask is if you have ever changed your the oil. Most manufacturers suggest oil The automatic transmission is perhaps changes between 5,000 and 10,000 miles the most complicated electro-mechanical Continued on Page 26 1114 c:%-s. l\.es ®estae 25 �ol:lemher2003 ll�o------Fandemonium! Wolverine Fans

Perhaps the best thing about being a law student at the University of Michigan is that, apart from being the privileged recipients of a top tier education, we students also have the privilege of being part of Big Ten foot­ ball mania. And on that front, one could say that thisyear 's crop of first years are spoiled: in their very first University of Michigan football season, these students got to witness an undefeated home record, ending in a crushing defeat of Ohio State on November 22. Next stop - the Rose Bowl, unless the right dominoes fall and the BCS sends Michigan to the Sugar Bowl for a shot at the National Championship. Either way, there will be no outlining in Pasadena on New Year's Day! ------�11 l\.es (!gestae • 25�obember2003 � 15 II Boost Team to Victory Over OSU 1116 3Res �estae 25 jijobember2003 ,, Continued from Page 9 couple of encounters I had as a teenager. only there for 6-8 months total. There One was a Jesuit brother who I had as a were guys there who there for years. It spent most of the first year in various teacher at Loyola High School in was a demanding, spit and polish training: infantry, airborne, parachute Baltimore. He was just a cool guy. Good operation, that was quite stressful. I was school. Then I was stationed in honor athlete, smart, well educated, and he had not cut out for that long-term. I think I guard duty in Washington, D.C. an office off of the library. I realize that did a good job while Iwas there, but wow. Although I was nominally an infantry sort of formed my image of what it meant soldier and part of the infantry, I was to be a cool and educated person as a Later I had an argument with someone spending no more than two and a half teenager. The world isn't full of people I was working with and we were talking months of the year in the woods like that. That he happened to be a Jesuit about spit and polish. I may at one point "infantrying" as it were. The other ten brother,I'm not sure that played into it. may have thought it was silly, but I came months of the year I was wearing medals to understand that it matters in an odd and working in parades. I was briefly at When I was going to college at a small way. Whether it preserves our sense of the Tomb of theUnknown Soldier. It was Catholic school called the University of community and provides a rallying point. wonderful duty being stationed in Dallas, the first two years of my college In a modest way it might be analogous Washington, D.C. to someone I enjoyed the being kosher. camaraderie of "What difference the military, the does it make if sense of identity you eat pork or that it provides not?" Well, it you, the makes all the friendships, the difference in the clarity of purpose world because it and discipline says something that one has there. about who you I also enjoyed the are and what you other things, stand for and repelling out of how you value helicopters, your traditions running around and what they for a couple mean to you. He weeks in the said, "well I woods of think staying Virginia. When kosher is silly." nobody is So we just saw actually shooting things at you, it's not differently. that bad. My experience was I think I have very safe and very modest. I never got education before I dropped out and known all along, whether it was the above the rank of sergeant. joined the service, this was like 1980, 1981 military that made me realize it or not, I realize I conceived the idea even then that, when it comes to the merely In your legal scholarship and your that the academic life would be a good symbolic aspects of life, there is nothing course lectures, you place special life. Not in any articulated way , but to mere about them. lt helps us connect with emphasis on symbolic meaning and answer your question, yes, I'm sure that who we are and helps us connect with legal symbolism. Do you think your my experiences live with me and our neighbors. That'swhat makes people experience in the honor guard may have influence the way I think about things. I flourish. Marginal increases in material helped motivate that? am sure that our experiences work with well being - the evidence is in - they don't us and guide us. do it. I'm not against marginal increases I think so, although I didn't realize it at in material well being, especially my own, the time. I have a sense that people's Specifically, to answer your question, but we recognize that they are not the experiences inform their thinking in ways yes, I came to realize the importance of things that communicate a community's they're not aware of. My whole choice to what is sometimes called "mere meaning. And those things are become a professor, for example, I realize symbolism" particularly when I was at was influenced, in that respect, by a the Tomb of the Unknown Soldier. I was Continued on Next Page ------� ��===�c=s=®=c=s=ta=c ======25��ob�w�ili�e �r�002�3�=====�� ·�����==�71 �1 1 Continued from Last Page When I've talked about this to students, The other thing, just as a teacher, it was they've said, "get over it - a sports constructed by symbols just as much as useful, important, worthwhile for me to metaphor does not make for an unfair or through so-called real bottom-line effects. me to get into court, for me to participate. hostile work environment." But I think The military helped me see that, but I I connected to the things that I'm teaching it's important even if in this particular believe it's probably something I've been my students. The skills thatI'm telling my case I say, "this sports example, this sports thinking about all along. students will matter to them, are theones metaphor, that's no big deal." The larger that work. For me, it was just a part of point is that when you're teaching, you Your biography on the Law School's my continuing education as a legal have to think about things like that. You web site indicates that you helped in academic. For me, it was wonderful. have to think about how what you're some litigation in Wayne County where doing, what you're saying, examples you it says you articulated a theory of willful blindness of gun manufacturers and their distribution practices. "When I was a student, my attitude I did. That litigation is over and has lost, not because the theory was unsuccessful, but because the Michigan to fellow students who were worried Legislature passed a statute, which in effect said, "throw out Wayne County's lawsuit." And they have the power to do about stuff like that was, "quit whin- that.On the merits, the case was narrowly focused on particularly egregious distribution practices by gun ing." As a teacher, my attitude is very manufacturers.

I happen to be not a rabid anti-gun diffe rent, because I am being paid advocate. I like a good gun. I don't own guns now, but I was in the military. I was often at odds with the anti-gun advocates by all of you to pay attention to you." on whose side I was in that litigation. I don't think they realize what a role firearms play in the American culture and identity. This is hunting with your kids, Students who have taken your exams use and theway you're teaching are going this is independence. To say to somebody, have read your facts patterns and seen to strike different people different ways. "well, why do you need such and such a that they're full of firearms and sports gun?" is, to many people, like telling a and sports stories and might described When I was a student, my attitude to New York journalist, "well, why do you . them as infused with testosterone, fellow students who were worried about need that much freedom of speech?" perhaps. Does that reflect your stuff like that was, "quit whining." As a character? teacher, my attitude is very different, It's important to who we are. Having because I am being paid by all of you to an appreciation for that, it was important I hope not too much. I have realized pay attention to you. Even though in that that we craft the case in a way which was that my hypotheticals in class and my particular case there's nothing focused on particularly egregious exams tend to be drawn from my own inappropriate about teaching with sports distribution practices, calculated to take interests and experience, which tend to analogy, the point that's more legitimate advantage of the illegal secondary market be sports, sports cars, or other boyish is that as a teacher you have to balance -juveniles, criminals, people who weren't pursuits. I've actually thought about that being natural and being relaxed. I hope willing to bargain. That was what we and whether I can use - and this may seem that when I teach I'm not stilted or alleged. That's why I think our case like a small thing - but whether there are artificial. You want there to be legitimate survived as long as it did, because we other kinds of examples I can use and not communication. You don't want it to be focused it narrowly on some practices be inadvertently creating an imbalanced a PC straight jacket on your conversation that really were unconscionable and did or biased environment where male with your students - that's not learning. not try to attribute violence in general to students feel comfortable and at home But at the same time, you want to think the gun industry. Other jurisdictions have and female students don't. That would twice about whether the things you take since adopted that theory in their own be the last thing I would want to do, cases. Continued on Next Page l!ts 3Res �estae 25 �obemher 2003 II Not all these girls we great athletes, but ask. I said, "that's a good idea, let's talk." Continued from Last Page they all played. I think it was great. We She's thirteen. Some of the questions we had two fifth-grade basketball teams in both agreed what would be the right for granted, the jokes you make, the one elementary school because so many thing to do. But there was a question, examples you use, might be making girls wanted to play. Some of them could "one of your friends is using marijuana, students less comfortable. hardly heave the ball up to the hoop, but should you tell her parents?" I evaded they all had a great time. So it's the question because she's so young. I What kind of car do you drive? tremendously rewarding. As the kids get said, "you're thirteen years old, yes, you should tell at this age." Well she answered I have a Jeep right now. a little older, even now that my daughter is in the sixth grade, I prefer as their skills quickly back, as any good lawyer, "well, develop and they get more serious to let what if I were 17?" I had to pause. I'm Got rid of the Corvette? the coaches coach and I just be the not sure whether I want my daughter if she goes to party on a Friday night (she's I didn't have a Corvette, I had a cheerleader carpool driver. I don't want to be that parent making my kid shoot 17, she's 18, she's 19) and someone's Mustang GT convertible until a couple of extra free throws at night in the back yard smoking marijuana - I want her to leave, weeks ago when it started getting cold. or anything like that. I don't want her to get stoned, that's for Then I traded it in for a Jeep Wrangler. I sure. But do I want her to ring up hear that there is a new Mustang coming everyone's parents? Is that the kind of kid out in a year or two, so if I like that I may Is making time for it a challenge? I want her to be? If not, why not? These be back in a convertible. Unfortunately, I Well, one great thing about the are hard questions, and I realize that they have the automotive taste of a 17 year­ academic life is that you have flexibility pervade the law as well. old. We also have a Dodge Durango, used in your schedule. One of reason that I for carting children to soccer practice, initially chose this life over that of a big There used to be a crime that made it a basketball practice, and the like. law firm is to have time for my family. felony not to report a crime that you know Here, although I may work as many about. That law, though still technically Are you worried that your tastes in hours - sometimes I work as many hours on the books, has never been enforced. It cars may change as your children grow as I did in the firm, sometimesI don't and has been interpreted, at least in dicta, to older and want to borrow them? even when I do they are the hours that I require some active concealment, almost choose. This semester notwithstanding, like conspiracy or conspiracy after the That's a good point. I may have to think which is little bit of a hectic semester, it's fact. The mere crime of not reporting a about that. I may end up with a mini-van, much easier at this job than at others to crime is never prosecuted. What I hope just to deter my daughters from wanting find time to do stuff like that with your to be doing this spring is to try and think to borrow the car. kids. that through. Why do we evaluate this similar conduct so differently in so many You coach your daughters' sports We didn't see your name on the class differentcontexts? How does the law deal teams, don't you? schedule for next semester. with it adequately?

I do. I coach and help out on various I'm on leave, funded by a distinguished I don't know where it's going to lead, teams. alum, which is made available to faculty but that's how research ought to be. You members to work on articles and projects. ought not to have it all figuredout before Do you find that rewarding? I'm going to be working on a paper - I'm you go in or else it's false in some sense. knocking on wood - I'm wrestling with It's great. I like to coach them when the idea of tattle-tales - whistleblowers, Is it going to give you any time to they're very young, when it's more about narcs, rats. In some contexts, we admire work on the forthcoming sports law encouragement and getting everybody to the person who has the courage to come text? participate and have fun. I'm no great forward and we despise the coward who athlete. I'm no professional coach. So I keeps quiet in the face of wrongdoing that Oh goodness gracious. I don't know enjoy coaching fourth, fifth-grade what to say about that formally. My co­ basketball, softball - sports where I know they know about. In other circumstances, we despise the rat, the person who author and I are in discussions about the enough to teach them the basics and squeals. What are the variables that future of the sports law book. The co­ encourage them and makes sure change our opinion about that conduct? author is Gary Roberts at Tu lane. Gary everybody plays and has fun. Roberts is essential to the project. Gary has been very very busy, being associate One thing I'm very proud ofis last year I thought about this when talking to my oldest daughter. She had a project - "talk dean at Tu lane. It is not a project that I my daughter was in fifth grade, and every to your parents about drugs." There were kid in the fifthgrade - every girl, not every these questions you were supposed to boy in fact - but every girl played sports. Continued on Next Page ------� ��=�==es==@=e5= t=a======e 2=5��=o=be�m =b e�r �200� 3� ====���·�����1�9�11

Continued from Last Page you're still here, we made it, we landed to go on and work. The question is will am capable of taking on on my own. So in the right place eventually." they have as part of their life, a rich why don't we just say that Clark and his enough enlightenment. You can make a co-author are talking about the future of I don't take for granted that I've been difference at that kind of school if you get the hornbook. ! hope that we do it. I think able to find work that I'm really good at the people when they're freshmen and it'll be a wonderful project. But it's not and that I enjoy and that I find rewarding sophomores and juniors, when they're something that a relatively junior faculty and that I'm able to take care of my family. still trying on new identities like hats member can take on properly by himself. For lots of people, that doesn't happen. I everyday and figuring out what kind of It requires a cooperative effort. Nobody am sort of one of those people who gets people they are, and what kind they want needs a bad hornbook. So unless it is up every morningand wants to high-five to be. Expose them to the right going to be a truly thoughtful exercise, I everybody in the house because I'm just environments, the right teachers, the right prefer to wait a year or two and do it really glad that I've got a house and it's books and the right framework. Isolate when we're both ready to give our nice and a job. I still come out into the them enough so that they have to talk to attention to it. So right now we're Law Quad and think that I cannot believe each other about those books. proceeding slowly as we talk about it. that this is my place. This is the kind of place that in a different life, in a different One characteristic of a small college

Te ll us about your earring. When did world, I would drive by and look here that everyone complains about is that you get it? and wonder what kind of people get to there's nothing to do, then they look back live and work in a place like that. I'm still on it and it's the greatest time of their life. The first time I got this earring was very excited and appreciative and happy That's the only job I would consider when I was a teenager - 16 or 17 years about my good fortune to have this life. leaving Michigan for. I don't know if I'd old. I went away to college at 16. I took it ever get that job, I don't know if I'd be out when I went in the military a few Can you ever envision leaving this good at it, because of the administrative years later. When I got tenure two or three new home you've found? requirements, the fundraising, the hard years ago, I said, "well, what is the work required. It's difficult work, and modest and lame act of rebellion I could No, except for one possible job. The one requires special sets of skills that I'm not muster?" This is all I've got. I didn't have other job I would consider having besides sure I have, as far as the administrative the nerve for a tattoo. this one, and I'm not sure I'd be good at skills. Other than that, I can never see it, and I not sure that I would ever get it, myself leaving. I hope and expect that, in There's a sense in which - this is not is being the president of a small Catholic 25 years if you send your children to this connected so much to the earring - we college. I think that small colleges law school, they can take my To rts class, find the right place. We find the right generally, because I happen to be Catholic and find me in the same office. work to do and the right place to do it. I thinkin terms of small Catholic colleges, The feeling is akin to having come home. that small colleges that stand for Do you welcome the arrival of Ave I left home at 16, went off to college, was something, they have a vision. Maria here in Ann Arbor? dropping out, then I was in the service, then law school and a law firm. So there's The University of Dallas, where I went I do, and I have not reached out the way a sense in which you spend 20 years or for two years, is such a place. They don't I should. I've made it a point on a number so trying to make your way in the world. claim everyone should be educated on of occasions, I've given a talk, met a That's what you do. their model. They do claim that if you number of the students at Ave Maria. I went to the University of Dallas, you will was at first quite skeptical of the entire I did not come from financial resources, have read Iliad and the Odyssey, you will project. There are very many law schools though a wonderful, supportive family have been familiar with certain core, in the country, not all of them are in all the ways that really matter. There's when you take literature 2,3,4,. Mt. St. attracting great students or producing this sense that you're trying to make your Mary's where my wife went is different great lawyers. way in the world. When you're 16 or 17 from the University of Dallas but also has and you first go away, you have an a clear vision of what they stand for. So I also thought as a Catholic that maybe inchoate but powerful vision of the kind when a parent takes a kid to Dallas or St. the right thing to do with the millions of of man you want to be today. It's there Mary's or any small school, the President dollars would be to fund a series of and then 20 years later you say, "yeah, can say something about what they stand scholarships for promising Catholic here I am; this is the right place for me to for. And I think that those places are students to go to other law schools. If the be." So, I don't know, maybe putting the special places, they're havens from the idea is to produce lawyer soldiers for the earring back in connected the 3D­ world of commerce and the bottom line. church, A lawyer is best trained by something to the 16 year-old again and confrontation with opposing ideas, not by said, "hey, dude, I haven't forgotten you; None of these people are going to be professors. They're people who are going Continued on Next Page �' '=2=0=====�=·=�==q== ==�==es=®== es=t=a=e=====2=5=�=o=u=en=tb=er=2=00=3==�11r------Continued from Last Page gay rights, and I've heard many good work together and cooperate, well that arguments from judges and Catholic was just wrong, soldiers were better isolation from opposing ideas. Just like a priest about how moral beliefs don't people than we gave them credit for. The Michigan law professor has to sometimes justify discrimination and even if you white soldiers in the 50s were not put on, whether he or see feels it or not, a believe that a homosexual marriage is enlightened from graduate NAACP pro life argument, just to break the pro immoral, I'm not the judge of that. mentors, but they rolled up their sleeves choice hegemony in the classroom, I think and they went to work. that at Ave Maria they're going to have a Even if you believe that - the practical challenge making students think conservative, Christian belief that The third reason why I'm angry at the about their values in that setting. But accepting Jesus is fundamental it doesn't military is they're just wrong to cast so they're attracting good students, they there for advocate discriminationagainst little faith on the ability of soldiers to get have good faculty and they seem to be over it and get on with business. doing something special over there. Everybody who's been in the military knows that there are gay guys in the I think we can increase the connection "Every American military. And we're not PC about it, we between the two schools and I hope I can call tall guys stretch, and the gay guy make the time and energy to reach out might be sweet pea. It's not like you'll and visit a semester at some pointto teach institution implicitly find it an admirable nurturing a class and you know, whatever. I environment for everybody, but they welcome Ave Maria. I'm over my quickly get over it and get to work, so I skepticism and I'm curious. I've thought needs the military - think it's wrong. I think it's wrong for a number of years about what it means morally, it's wrong as a matter of policy, to be a Catholic school. I know what it and wrong as a matter of practical means to be a public school, I think, and and I don't mean to application. They should stop worrying there's an important aspect there of public about who people are sleeping with and responsibility. And I thought I concentrate on the military's understood what it means to be a Catholic be Jack Nicholson, effectiveness. So I'm anti-the military's school, but what's a Catholic law school position. like, what is that? I think it's something they have not yet worked out, and are 'you need me on But I have some great affection for the continuing to work out. military. I have such patriotic, want-to­ be-on-the-side of the military, that I have And I think for all of us, whether that wall' - but 1n a gut reaction to support that. So where Catholic or whatever, if we have a serious does that play out on this situation of moral commitment, and we work in a campus recruiting? I just don't know. I field where it values, instrumentally, the way we do." wish I could say "no they shouldn't." But ability to see both sides of every issue, we there's moreat work here. face a constant dilemma, a question: how do we reconcile the making of a strong Every American institution implicitly commitment with the open mindedness discriminating against Muslims inpublic needs the military - and I don't mean to that is essential to good lawyering. It's places, he can use his pulpit or his be Jack Nicholson, "you need me on that certainly something to think about, right? example or his faith to persuade that his wall" - but in way we do, And although An institution like Av e Maria is lifestyle is morally superior. So I think we might not like that, we sort of depend confronting that directly, and I think that's even if you want to entertain the on that, andto be an American institution interesting to watch. possibility for people to argue the moral who turns his back on the military is like superiority of lifestyle choices, it does not a teenager who says to his parents "I'm I think it'd be remiss to not pick up justify discrimination to me. I don't think grown, I can do what I want, now can I on our earlier discussion.of the Solomon it's wrong, I don't share the sense that have $20 and borrow the car?" There's Amendment, if you'd like to comment there's a moral wrong in being gay or gay something odd about that. So I don't like on that? marriage. Secondly, even if you think that, the idea of turning our back on the discrimination is totally unjustified. military. But, on the other hand, the I am torn. The issue of course is how to military has turned their back on us! By treat the military and its recruiting in light My dad was the among one of the first sticking with this crazed policy. of the fact that the military discriminates black naval reserve officers in the Second against gays. I am - and this shouldn't be Wo rld War. The prevailing opinion was surprising but maybe it is - strongly pro- that black and white soldier will never Continued on Next Page ------� ��=�e=s=�=e=s=ta=e======25���o u=em= b�er�2�00� 3�====���·-� ���2�l�ll Continued from Last Page BIG HOUSE, from Page 2 HOLIDAY CASH, from Page 6 I'm conflicted. I think the military's dead wrong, but I've retained some deep unloading this ticket on some buddies Eggs: tinytreasures.com, toll free 1- respect for and understanding of the and now you get a shot. Starting price 866-357-6868, donors email importance of the military and I think that $100." [email protected] turning them away at the campus door, I don't like that. But damn it, why have this At the same time, students selling The most lucrative offers usually come policy that almost force us to do that? So tickets are only shades removed from the from couples willing to pay top dollar as to whether a particular amendment windsuit-clad forty year-olds scalping ($15,000 - $100,000 or more) for eggs from should do that, it's a difficult question. tickets outside the Union. As anyone the perfect young woman. Try searching Maybe it's not as hard for people who walking along State Street during football local classifieds, including the Michigan don't have the sort of instinctive affection season can attest, these men congregate, Daily, for ads. On the website for the military that I do. beginning on Thursday preceding any tinytreasures.com, women can post a home game. Wearing baseball caps and profile (appearance and grades) on My dad was in the military in a time. pacing back and forth in front of the databases like "Ivy League Donor He was one in the first battalion of black Union steps, in their oh-so-discreet Databases" and list requested marines when the marines were still manner, simply hold up their fingers to compensation. segregated. I mean they went through the indicate how many tickets are available. South and they had to eat in the back of Is this any different from the student who Downside: long term effects on fertility the restaurants when prisoners or war promises to meet his buyer on the DIAG, aren't clear. Donors also spend several were being fed in the restaurants. And he cash only? months being pumped full of hormones, still cared about it, and said he would which usually leads to weight gain, skin stick by this institution and make it better. The powers-that-be attempted to troubles, and general discomfort. I'm so disappointed in Colin Powell, who control the damage by sending e-mails to had a chance to change this issue, to call those studeq.ts who posted ads with Sell blood: For those not comfortable upon people in the military to take the inflated ticketprices, informing them that with the idea of their genetic offspring high road and concentrate on their the University "recieved a few complaints growing up in a loving but unknown fundamental mission, it might have been about football ticket scalping" and that environment, plasma selling is possible to just not worry about who "it's against University policy and comfortable in-between. Donors can people are sleeping with. I mean I'm not Michigan law to resell tickets for more donate twice a week. Register to become asking anybody to endorse anybody's than face value." The penalty: they a donor at www.bloodandplasma.com/ sexual activity, just leave that alone and removed the ad. register.htm and someone will contact deal with their performance. So, long you about your eligibility. answer, uncertain answer, but I'm just Well, it just so happens that I had a being honest. spare ticket to the most hyped game of Beg the season. Just so happens that I tried to

Any further remarks? Do you have a sell this ticket. Just so happens that I made Neighborhood Can Drive: think of all motto that .you live by? slightly more than face value. My the times you let a pile of cans build up question: am I damned to a life of hellfire in the kitchen, waiting for students to No, I don't have a motto that I live by. and brimstone (or at least a short stint in come by on a can drive. There is no need I'm just trying to stumble by and not say a Michigan prison?) If so, then at least I to lie -just ring doorbells and tell people anything too stupid on a particular day. will have a number of law students along you are collecting cans to raise money for I'm not out here to give any Buddha-like for the ride. the legal education fund (i.e. your own). wisdom. Downside: feeling silly walking down the road with a bag full of cans .

• • Steal

If all else fails, steal some legal texts and sell themfor cash -it seems to be working The RG Wishes Everyone for someone here. For whoever you are, you can have the Jurisdiction textbook, but I would really like my Immigration Good Luck on Exams! book back. • 11 22 l\.e% �e%t ae 25 .flottember 2003 II REIMANN, from Page 11 Where in Germany are you from? Where'd you pick it up? material. When did you begin that I was born and raised in the Frankfurt practice and what purpose do you think In Germany, when I bved in Germany. area, not far from the Frankfurt Airport, it serves? Everybody had motorcycles in those but then spent most of my adult life in days. These were the days when fast Germany at Freiburg, which is down I probably began it more than ten years motorcycles became generally available. south in the Black Forest and much ago when I had started finding cartoons Actually in those days it was true in prettier than the Frankfurt area. that seemed both funny and apposite to Germany not only in theory but even in certain aspects of the course. I don't think practice that you could pretty much go Do you try and go back there often? they have much intellectual content. They as fast as you wanted pretty much simply lighten things up. As I sometimes everywhere, certainly on the freeways. I'm trying to go back there as little as say in class, many of the more bizarre Now traffic has made that pretty much possible, because I hate flying and the jet aspects of the stuff that at least I teach you impossible. But it is great fun when you're lag and all that. But it still means that I have to take tongue in cheek. And I don't 18 and crazy and fearless - it was just fun go back two to three times a year. want students to take it all too seriously. to take out a 900 Kawasaki and blast it on It's really simply to give them an the freeway. You also seem to have a long list of opportunity for a good laugh somewhere places where you've been a faculty in the middle. There's no deeper purpose Do you have any sports cars? member. Do you look for opportunities behind it. to travel, or is it particular research No. I used to have a BMW in Germany. interests that take you there? Tell us about the base-jumping There's no point in having a fast car here. information up on your wall. Is that You can't use it. It's not really opportunity to travel, something that you did or plan to do? although I've taught in some interesting In past years for the Student Funded places. It's in part a combination of I'm an experienced skydiver and have Fellowships (SFF) Auction you've put knowing people there, which makes it also made about two dozen base jumps on bid a chance to go to dinner with you difficult to turn down invitations, the but this is one of the things I've been at a German restaurant. And you appear comparative lawyer's interest in seeing wanting to do for a long time. It's up there at this dinner in full lederhosen. Has how other institutions work (you Jearn a as a reminder so I don't forget. I want to that proven popular in the past? lot when you're part of an institution even go with a friend of mine whose kids are for a couple weeks), and also of the still in college. His youngest kid is Well students paid a couple of hundred general mission of the Law School to graduating next year, so we're eyeing dollars for it, which I found amazing. create and maintain relationships with next year. It's costly - a $5,000 two-week When we actually went a few weeks ago foreign academic institutions - in the long trip. But maybe next year we'll throw out -Ithink there were four, plus myself-we run that bears a lot of fruit. So last year the money and go and do it. had a great time and drank a lot of beer. when I taught at the Bucerius Law School Unfortunately I could not drink that in Hamburg I did it mainly because we Where is it? much because I had to drive. But we had have an exchange program with them, a good time, so I think it was a better idea and I wanted to see the school from the In Venezuela - Angel Falls. I've seen than I initially thought. inside and see the people there. So I now videos and they're amazing. This is one know the other end and we just have a of the things I still really want to do. Did you propose the idea, or did SFF much better idea of who we're involved approach you? with. The same is true with the So are you and adventure seeker then? Universities of Tokyo and Paris and so No, I cooked it up. forth. Yeah. I think in some regards, yes. I would pay $5,000 to jump off Angel Falls. Do you ever find other occasion to Some cities are also great fun. I taught wear that outfit? a semester at the University of Paris and You ride a motorcycle, don't you? I enjoyed it tremendously. Sometimes I do it for Halloween. I once Ye s. did it in the Law School for Halloween On your biography on the Law School because I thought it was funny. But I web site, it ends with the disclaimer that Is that a longstanding habit of yours? haven't done that in a lot of years. I don't you do not use e-mail. How did that wear it, you know, day-to-day. It's just a Oh yeah. I've been on motorcycles for costume. longer than most people. Continued on Next Page ------� -- ======��=�es @=e=s=ta=e== ==25=��o b=M=M=e=· r 2=00=3 ===����� � 2=3�11 Continued from Last Page concern, there should be a certain classroom and sometimes not even inside threshold that they have to get over. If it's the classroom. But on the whole I like the decision arise and has it proven to be an not important enough to cross that balance. Teaching always seems to get impediment at all for you? threshold (and that's no higher than into the way of other things, but if we knocking on my door), then it's probably didn't do it we would probably Well, the bad news is it's about to not important enough to waste their or completely lose touch and start writing change. I knew it was a losing battle I was my time. Clicking on e-mail and sending about things that are even less relevant. fighting and I would eventually have to an e-mail to half a million people is just So it keeps you kind of grounded. When give in. I see a lot of upsides in e-mail and too simple. And that's one of the concerns I have to put research aside and get ready I use it for transferring documents back I have with it. for class, I resent it. But then I walk into and forth. And sometimes it helps to the classroom and I enjoy it. communicate particularly over time Are you a lone wolf among the zones. But I think it's vastly overrated as faculty? At the end of your courses, students a means of communication because some get a little speech from you on why you things become much more complicated With regard to email, probably by now, don't hand out student evaluations. on e-mail. If you have three or four people yes. There were some holdouts, but I What are the reasons behind that? involved, they all talk across each other think they've all given in. You can't live and one five-minute phone call, one without e-mail in the modern age. You It has seemed to me over the last couple conference call, could clear the whole can control it and contain it, but you can't of years that the Law School does not thing up. It's also done horrible things to do it simply without. truly reward good teaching to the point the style of communication. Even my where it is worth making an investment. colleagues often don't write intelligible So do you plan to keep your e-mail We all want people to teach at a fairly English when they resort to e-mail. And address a secret? decent level and I don't think we put up I haven't received a decent letter in with horrible teaching in the long run. probably a decade. There may be There are some people exceptions, but by around here who, rather and large I think the than talk to me, request teaching level is that I send them an e­ acceptable and mail and they are less actually quite high than 20 feet from here, and probably better and I find that a little than at many peer disconcerting.It means a schools. But breakdown in human nobody really cares communication. If. it about that. were contained and Handing out used for the purposes student evaluations that it's really very creates the useful for, then I would impression that the be all for it, but I think institution takes the it's overused and on the quality of teaching whole should be used much more more carefully. seriously than it does. I think that's Do you find that e­ a wrong impression mail use has been and students delegated a lot to your shouldn't get it. secretary, that people who want to Yes. contact you by e-mail simply contact her, There's another reason to hand out with the idea that maybe she'll print it Te aching or research, do you have a student evaluations, which is you learn out and hand it to you? preference? something from them. But if you taught the same course for many years the Well, she does that. The one thing about No. I think the nice thing about this job learning curve is pretty low. I always e-mail is it's too easy. It makes access to is that you do both. The pressures are all encourage people if they have concrete people too easy - not only to myself but in the direction of research, because to everybody. If people really have a teaching is not rewarded outside the Continued on Next Page �''=2=4====�== ·=9==q== ==�==es=®== es=t=a======2e =5 =�=o=be=mb==er=2==300 ==����------Continued from Last Page should take it. But I wouldn't say that It's also a good professional service. I that's something that has to be on your criticisms to contact me. And a fair like to read good book reviews and to agenda under all circumstances. I think number of people do. About a half dozen produce good book reviews, mainly short the whole globalization of legal practice people come to me and make suggestions ones, because nobody can read all the is a little bit overrated. I do think that it's which are often very helpful, and that stuff that's out there. Reading a good inevitable today that you run into does the trick. book review can help you make a international problems. But a relatively decision whether you want to spend your small number, even today, become In your research is there anything that time reading the whole thing or whether experts in international law andhave that stands out recently that you're fairly you learned enough from the book as a major item on their professional interested in or going after? review. I continue to do that. It's again agenda. So if a student is interested out something that's not rewarded of intellectual curiosity, by allmeans take Well, now much time is absorbed by professionally, but once you're tenured the internationalcourse you're interested this casebook project that we're doing for you can do it and no great harm is done. in. Or if you think you're going in that Transnational Law. That requires a lot of direction professionally, I think that's thinking and a lot of reading. Other than How do you feel that Michigan's important. But other than that, there are that, my research agenda is very diverse. international law curriculum compares so many competing things you need to I'm by training a legal historian. Virtually to peer schools? learn, that I wouldn't advise every all the work I doin Europe is legal history student to take something beyond the or comparative legal history. Virtually all I'm not exactly sure because I'm not basic course. the work I do here is conflict of laws and sure I have all the information about our international litigation. My long-term peer schools at myfinge rtips.So what I'm Any last thoughts, concluding goal is to try to figure out what we can saying is in part anecdotal or based on remarks? really learn from, and how we should anecdotal evidence. In terms of the teach, comparative law. It's a very number of courses we offer, we're clearly The job of law professor for me is sort difficult question and I'm not sure that not ahead of Columbia, NYU or of an ideal job because you don't have I've made a lot of headway. I used to teach Georgetown, and that's simply because anybody who tells you what to do. I wish a course entitled "European Legal they're in big cities and have tons of there was less pressure to publish. That Systems" which was a standard adjuncts. We're probably ahead of has increased enormously over the last comparative law course and I stopped Stanford and Chicago and probably ten years. And I also think that we should teaching it about ten years ago because I Berkeley, and maybe even Harvard and reward teaching more and pay more simply failed to see why I was doing this. Ya le. In that sense we're sort of attention at the hiring and at the tenure I'm still trying to understand what the somewhere in the middle. I think we have stage to teaching. But other than that, it's value of that would be and would like to a pretty good quality program, although difficult to imagine a better job in life. go back to do it, but notwithout a clearer it's not huge. Very many of our students concept. I don't think any of my take international law subjects. I think colleagues at other schools really have a probably about half by now take concept. They just do it because they do something international before they it. I don't find that sufficient. So I keep graduate and I think that's a good sign. • writing articles about it and come back We've had constant problems with to that topic. faculty leaving for other law schools, simply because it seems that an Is There a You've written a lot of book reviews. international lawyer would be more Professor You Want Is that something that you like to do? interested to be in Wa shington or in New York. But we're attracting new good to See Us I thinkbook reviews are a very good people. By and large, I think we're doing Interview? thing. First of all, professionally you have quite well. I think we need to offer more to read a lot of books and if you get to in comparative and European law. write a review you're rewarded for Let us Know! reading it in a sense because you get a Do you feel that an advanced little publication out of it. Also, once you international law course or two is something that every law student here write a book review, you really have to Send think it through - you can't just put it should take? aside and say, "Well, that was pretty Suggestions to interesting." So I continue to write one No, not every law student. Students [email protected] or two a year. who have at least a marginal interest November 13, 2003

ACROSS

I. Great brilliance 6. lee or old fo llower 9. TV's Batgirl 14. Doggie 15. Sheep talk 16. In a slow tempo 17. Gem State 18. Va in person 19. Ve suvius ad Etna's home 20. Not a "model" quality 22. "Parent Trap" actress 23. Thanksgiving dessert 24. Russian ruler 26. Pilgrims' action at Plymouth 30. Rough wave 34. Fencing sword 35. Scottish lord 36. Kimono sash 37. "You're so 38. Containing urea 39. Helicon 40. Unit of work 41. Milton's dismal, gloomy 42. Cog 43. Celestial 45. Jewish city section 12. It will (Contraction) 46. Court J 3. Non-Jews (slang) 47. Bom 21. Help 48. Tribunal 25. Adamine 51. Memory improvement system 26. Fom1al reception 57. A stud 27. Not together 58. P. Diddy diamonds 28. Whinny 59. Droid 29. Mew 60. Carlo 30. Pustule 61. Boy 31. Numerate 62. Author Jong 32. Monastery head 63. Danewort 33. Grand or upright 64. Non-professional 35. Gym device 65. Stoneworker 38. Carbamide 39. Peg DOWN 41. Percussionist 42. Rule 1. Saga 44. Liken 2. Finale 45. Jewel 3. Silt 47. Penniless 4. Pang 48. Celebrity 5. Hamlets 49. Weight of twelve gra ins 6. Shame 50. Cleave 7. Fear 52. College atlJietic org. 8. Seat for relaxing 53. Movie about James Joyce 9. Mood 54. Storklike bird I 0. Hit the sack 55. Chane] II. Stage in between oral and phallic 56. Eminem hit �' '=2=6== ===�==����== ==�==e5==�=e=5 =at =e====�2�5���o b�c m= b�cr�2�00�3����� ------� OIL CHANGE, from Page 13 need to check your owner's manual. It is when you see it, change it. As a rule of easy to change the PCV, but even easier thumb you can expect to change your air fuel filter. Luckily, changing the fuel filter to let Cooter change it, even if he charges filter every 12,000 to 18,000 miles is a relatively straightforward repair, you ten bucks. depending on driving conditions. translation: Cooter is unlikely to screw anything else up. Engine Coolant: The Te st Tells All Tire Pressure: I've Never Heard of Tr ead Delamination, What's That? Fuel System Cleaner: I'll Clean My If your car has more than 30,000 miles Own Fuel, Thank You. on it Cooter is likely to recommend you Tread delamination is when the tread flush and fill your coolant system. First, of your tire peals off, kind of like an ltis a good idea to clean the fuel system check your owner's manual to see what orange peel, and may lead to a about every 75,000 miles, but that does the manufacture recommends. catastrophic pressure release (blow out). not mean you have to pay Cooter $15-$20 Tread delamination usually results from to pour a five dollar bottle of STP Fuel Second, don't take Cooter at his word; the tire overheating, causing the bond Injector Cleaner into your tank. Just grab make him test your coolant. It's quick and between the tire core and the tread to a can at the gas station convenience store easy, and will tell you whether you need weaken. The best way to avoid it is to the next time you go in for a Big Gulp, to change the fluid. In general, if your keep your tires inflated properly. and dump it in when you fill up r------..., your tank (the injector cleaner, not After the Explorer debacle, the Big Gulp). many lube shops started setting "If you think running all tires to 35 PSI to avoid claims Speaking of Fuel: that they under inflated the tires. Higher tire pressure does improve If your vehicle is designed to premium "high octane" fuel economy, but it increases ride run on "Regular Unleaded harshness and road noise. There Gasoline," use regular unleaded should be a sticker with the tire gasoline. Typically, this is 87 fuel will 1mpr ove inflation specifications on the Octane. If you think running driver's side door jam. If you ask premium "high octane" fuel will they will set the tires to the correct improve the performance of your performance: it won't." pressure. vehicle, let me clear something up for you: it won't. Conclusion: Sorry Cooter, I'll Keep My Money. Ifyou have a carbureted engine or an coolant is orange, you can go up to early fuel injected engine (pre-1996ish) 100,000 miles. If it is green, it will need to Whether you drive a Lexus ES or a you may notice a slight improvement be changed sooner. Cavalier LS, if you follow these simple from high octane fuel. But, if you are tips you can keep your car running for a running a newer engine you won't. Even Of course, you always have to wonder long time and save some cash. Think of it a high performance vehicle does not if the tester is rigged, but we'll pretend to this way - if you drive 24,000 miles a really need high octane fuel unless you trust him for purposes of this article. Oh, year, Cooter thinks you should change operate it near the performance limit. and do not mix green and orange! Very your oil S times. At forty bucks a pop, that Some of you may think you operate your bad. $320. If you follow your owner's manual vehicle at the limit, but you don't; that is you may only need to change your oil 3 unless you are a member of the SCCA Air Filter: Let Me See it. times, a mere $120 bucks, a savings of (Sports Car Club of America) and race $200 dollars, or 10 cases of good beer. your car on the weekends. This one's easy. Many newer vehicles have indicators mounted on the air Seth Drucker, 3L, holds a Bachelors Degree PCV Valve: Even Yo ur Engine Needs cleaner housing that tell you when it is in Electrical Engineering and has over 10 to Breathe time to change thefilter. Simply check the years experience as an Automotive indicator, and if it says to change the filter, Powertrain and Chassis Development The Positive Crankcase Ventilation change it. If your vehicle has an indicator, Engineer. Valve is another inexpensive part with a ask Cooter to check it, instead of huge mark up. The PCV should be removing the filter. 1 Reverend Lovejoy, The Simpsons: Bart changed every 15,000 to 30,000 miles. Sells His Soul (Fox Television Broadcast, There is no way to determine visually If your vehicle does not have an October 08, 1995) when to change the PCV, so you really indicator, look at the filter, if you wince � � ------�� ===�es==®=e=s=ta=e======25=�==ob=em=b=er=· 2=00= 3======�==�======2=7�' ' RUBIN, from Page 3 PROFILING, from Page 1 that is how you know what people are up to. Once law enforcement is drawn In addition, Rubin said that the (officer's suspicion); the identity of the away from behavior and moved to previously mentioned imbalances stopped suspect, including racial or appearance, they will be less effective and continue and are worsening. According ethnic information; whether any less accurate, when thestakes are so much to him, the current account deficit, which contraband or weapons were found on higher. We have to do what's best. They is basically America's trade balance, the suspect; and whether the suspect was will miss important clues." could have the effect of hurting the dollar. arrested as a result of the stop. A new imbalance is serious fiscal deficits. Finding a terrorist is like hunting a Rubin called for "fiscal responsibility" to Columbia interpreted the results, needle in a haystack-and lumping counteract the massive cost of tax cuts. asking two questions: First, whether everyone of Middle Eastern descent or of racial targeting was in use? Second, when the Muslim faith together and adding Understanding the above risks, which police use race that way, does it help? them to the suspect pool will simply "put Rubin dubbed the "morass," offers more hay on the haystack," Harris said. "useful guidance" in projecting the Looking at the numbers of stop-and­ future, he said. He raised the specter of frisks: while 25% of the population was Instead, intelligence officers and law inflation and other "enormous threat[s] black, 50% of the stop-and-frisk subjects enforcement should focus on getting to to our future economic well-being." were black; while whites were 40% of the know the different groups of people, and Among them are that deficits constrain population, they made up only 10% of the gaining their trust, so that if one of the America's ability to react to geopolitical stop-and-frisks; and finally, while Latinos members of the group sees suspicious threats and that fiscal deficits and private made up 23% of the total population, 33% behavior, he or she won't be afraid to demand for capital will collide as the of all subjects stopped-and-frisked were report it, and will know where and to latter rises. Rubin recognized a need for Latino. According to Harris, this wasn't whom to go. bipartisanship to "together agree to make about an overwhelming number of the politically hard decisions." He minority suspects who were stopped "We need the Middle Eastern and reiterated that realizing America's vast because of identification by their victim Muslim communities to be our allies, our economic potential depends on thepolicy to be of that race, nor was it that more trusted partners." Trust is easy to lose and choices that it makes. "We are on the calls for law enforcement were being Harris listed a few of the latest gaffes, wrong path on many fronts," Rubin said. made in minority areas of the city. including imprisonment, interrogation, Returning to his initial proposition, Rubin and deportation. attributed the current situation partly to "In fact, blacks or Latinos were more a lack of recognition of the uncertainty likely to be stopped in white "It will build fear. Fear cuts off and complexity of the world. neighborhoods, and whites in black communication," Harris said. "This neighborhoods. It was about people being won't help us. This will hurt us. This is At the conclusion of his remarks, Rubin out of place." racial profiling." engaged the audience in a lengthy and lively question and answer exchange. In As to the success rates ("hit rates"), or He urged his listeners to work for response to one questioner who said that arrests from these stops, 12.5% of whites change, to educate, and to not be he was less optimistic than Rubin is, were arrested, 10.5% of blacks, and 11.5% intimidated by the actions of law Rubin exclaimed, "you view my remarks of Latinos were arrested, out of a total of enforcement, listing John Walker Lind as optimistic, my lord!" On a more serious 175,000 stop-and-frisks. and Richard Reid as two "non­ note, Rubin said, "deficit reduction traditional" ai-Qaeda members who usually does not have politicalresonance. When race was not a factor and the don't fit the 'profile' of a typical terrorist. Every political temptation is to focus on officers focused on behavior, Harris the short term and not the long term .... reported that the hit rates for each ethnic "Profiling makes it too easy on a group People need to recognize a connection group were more even. like al-Qaeda," Harris said. "They'll just between current fiscal conditions and recruit around it. They're a patient future economic well-being." Rubin also "We don't get higher hit rates when group." fielded questions about China and CEO race is a factor. It's like tying lead weights compensation, handling the latter around officers' ankles. Other studies Harris teaches criminal law and diplomaticallyin light ofhis own position across the country [had the same results. procedure, and legal ethics at the at Citigroup. True to his initial point on Where race is a factor, the results drop." University of Toledo College of Law. The uncertainty, Rubin also said, "I wouldn't lecture was sponsored by the ACLU, bet my life on anything-the stakes would If profiling is applied to terrorist hunts, BLSA, ACS, CLS, and NLG. be too high." Harris claims the same will be true. "Observation of suspicious behavior- 28 3Res ®estae 25 �obember 2003 111------Announcements

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