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Res Gestae Law School History and Publications

2001 Vol. 52, No. 1, September 18, 2001 University of Michigan Law School

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Recommended Citation University of Michigan Law School, "Vol. 52, No. 1, September 18, 2001" (2001). Res Gestae. Paper 144. http://repository.law.umich.edu/res_gestae/144

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18 September 2001 Vol. 52 No.1

SEPTEMBER 11, 2001

"MAKE NO MISTAKE: THE UNITED STATES WILL HUNT DOWN AND PUNISH THOSE RE­ SPONSIBLE FOR THESE COWARDLY ACTS. THE RESOLVE OF OUR GREAT NATION IS BEING TESTED. BUT MAKE NO MISTAKE: WE WILL SHOW THE WORLD THAT WE WILL PASS THE TEST."

PRESIDENT GEORGE W. BUSH ~''=2=====~==·~==~=====~=e=g=@=e=g=ta=e=====·=lS=~=~=re=mh==er=2=00=l==~''~------

~es ~estae 'Til Tuesday Hannah Mufson Editor in Chief­ Until Tuesday, the defining moment of I'll be the first to say that they succeeded. Hannah Mufson national history during my lifetime was I'm frightened. I'm unnerved. But I will the explosion of the Challenger. My dad never be on my knees. Managing Editor: had picked me up from school, and we I was horrified when the Challenger Nick Janiga were driving home in our red Mazda, lis­ crashed because a teacher, like my teacher tening to NPR. We had stopped at a stop maybe, had died. It was senseless, point­ Senior Contributing Editors: sign, and the radio voice said that the less. Now, I am horrified for the loss of Harry Mihas, Russell Krauter, shuttle, carrying its crew and a teacher, life, for the fear and uncertainty that I and everyone else feels, and for the over­ Yingtao Ho had exploded. I was horrified. A teacher was on that ship! A teacher! whelming anger that grips me every time Now, the horror and sorrow of that I think of what has happened. I want Contributing Editors: moment have been eclipsed by a disaster people to pay for what happened. I want David Boyle, Lauren Gibbs, so terrible that I can't get my mind around to eradicate the people who caused this it. I don't tend to watch the news in the attack- them, their families, their friends, Web Site Editor: mornings before class, preferring instead people they didn't even know. And I Jacob Teidt to arrive with my pants on correctly and know this is irrational. Were we, as a sufficiently fueled with caffeine, so I had country to do that, we would be no better no idea that this Tuesday was going to be than the attackers, whoever they were. any different from any other day of my But a part of me doesn't care. Res Gestae is published biweekly during the school year by students of the University of week. I went to class, dragging a little There will be war over this attack. Michigan Law School. Opinions expressed in from staying out too late at a Tigers game People will pay. It will not be over in a by lined articles are those of the authors and do on Monday night. After class, I ran into few days, or a week, or maybe even a few not necessarily represent the opinions of the one of the people I had taken home in the months. It will take time, and effort, and editorial staff. Articles may be reprinted with­ cunning to root out those who caused this out permission, provided that the author and Res hallway. I teased him for being a poor Gestae are credited and notified. navigator and getting us lost in the wilds atrocity. for now, the enemy is faceless, of Detroit. Normally willing to play along, and I can only stand up in the face of that Res Gestae welcomes submissions. Please place he didn't even crack a smile. "The World anonymity and scream as loud as I can, all articles, columns, or opinion pieces in the "I'm AMERICAN! I'm free and I'll stand Res Gestae pendaflex located on the third floor Trade Center has been hit," he said. "I of Hutchins Hall across from the faculty don't think it's there anymore. I'm so sick up for my freedom! " Everything else I mailroom. Submissions may be made on 3.5" about it." And my life changed forever. wanted to scream to the terrorist, to tell disk or via email (preferably as a MS Word at­ I, like many other law students, sat in them in a voice choked with anger, was tachment). Res Gestae reserves the right to edit all submissions in the interest of space. front of the television in the hallway in said best by Leonard Pitts, Jr., a columnist Hutchins. I watched in numb horror as for the Miami Herald: the shot of the second airplane smashing "So I ask again: What was it you into the middle of the second tower was Mailing address: hoped to teach us? It occurs to me Res Gestae endlessly replayed. There was a box of that maybe you just wanted us to University of Michigan Law School Kleenex on the floor near me, and people know the depths of your hatred. If 625 South State St. were reaching for it. Four airplanes were that's the case, consider the message Ann Arbor, MI 48109 destroyed; more could be missing in the Phone: (734) 615-1288 received. And take this message in air. The Pentagon had a smoking hole in exchange: You don' t know my Web Site Address: its formerly pristine side. Incongruously, people. You don't know what we're http://www.law.umich.edu/pubs/rg the sun was shining merrily outside. capable of. You don't know what What the cosequences of this Tuesday's Office: you just started. 116 Legal Research attack are unknown. After the Challenger But you're about to learn." (near the Law School Student Senate office) crashed, space shuttle flights were grounded while investigators tried their best to find out what had gone wrong. We welcome thoghts and After Tuesday's attack, airports were comments. closed; flights were grounded. But we all Write to us: knew what had gone wrong -lunatics had [email protected] done their level best to bring America to • its knees, to frighten and unnerve us. Well, ------~~~=~==eg==~=e=gt=ae=====·=l=S=~~~~re=mb=e=r=200==1======~==d=~~~=====3~11 sylvania. This particular quote is not new of miles away. Across the country candle­ to me. I have read and re-read The Diary light vigils and moments of silence created Human a nationwide support group giving vic­ of Anne Frank many times, and each time I ' come across these words they remind me tims the shoulder of an entire nation to that in a time of astonishing peril a young, cry on. And around the world, nations Spirit teenage girl possessed such an incredible and individuals vowed to stand behind amount of insight and objectiveness. the United States in whatever measures By Lauren Gibbs However, reading the words of Anne would be necessary to attain justice for In spite of everything, I still be­ Frank when I opened my e-mail on these atrocities. This past week has proven lieve that people are really good at Wednesday had a different effect on me to me that over half a century later the heart. I simply cannot build my than usual. Her sentiments were no words of Anne Frank still ring true. In hopes on a foundation consisting of longer a reflection on the past, but a real­ spite of everything, people really are good confusion, misery and death. I see ization of the present. Anne Frank's writ­ at heart. the world gradually being turned ings recall a time, in the not too distant Tuesday's events have made me sad. I into a wilderness; I hear the ever-ap­ past, when the world was turned upside am sad that our sense of security and free­ proaching thunder, which will de­ down by those who failed to understand dom has been greatly compromised. I am stroy us, too. I can feel the suffering the sanctity of human life, and who sad for the families and friends of those of millions, and yet, if I look into the ranked their own selfish objectives higher who were lost or injured in the attacks. heavens, I think that it will all come than the lives of millions of innocent And I am also sad that it took a catastro­ out all right, that this cruelty will people. On Tuesday morning, the world phe of this caliber to unite the world. But end, and that peace and tranquility was again turned upside down by those above all, I am sad for those individuals will return again. In the meantime, who invaded the sacredness of human life. who do not have the goodness in their I must uphold my ideals, for perhaps Nevertheless, in the wake of horrific hearts to realize how precious life is, who the time will come when I shall be tragedy I witnessed the triumph of human do not recognize how lucky we all are to able to carry them out. spirit. Those in New York and Washing­ be connected in an invariable web of -Anne Frank ton rushed to the scene to aid rescue work­ friend and family who love us, and who A friend who lives across the country ers. In other places people lined up for have underestimated the overwhelming sent this quote to me in an e-mail on hours to donate blood. People have given strength of the human spirit. Wednesday, the day after the terrorist at­ money and done whatever they could to tacks in New York, Washington and Penn- help those hundreds and even thousands "Force"? The destroyed Twin Towers and Apocalypse When quasi-destroyed Pentagon, eerily reminis­ cent of the blown-up Death Star? The By: David Boyle Now, was U.S.-trained) ironically became mind reels. Who can tell just what Viewing there-released Apocalypse Now a cult hero- the Jesse James of the jihad, Osama' s deluded admirers are thinking recently, I thought the film was still an as it were -following his 1998 U.S. em­ right now, and how they might, in their overwhelming experience; the bombing, bassy bombings in Nairobi and Dar Es own minds, justify the carnage? the fires, the fleeing refugees ... and then Salaam, when our retaliatory cruise mis­ As far-fetched or hideous as the Star this week happened, so forget the film. Or siles failed to touch him. Even formerly Wars comparisons may seem, they may maybe nbt; our debacle in Vietnam relates pro-Western Muslims were tempted to reflect the opinion of those who support to what America may face over the next name their children Osama. So military the highly fundamentalist-religious bin few weeks or decades, in scope, confusion strikes do backfire sometimes, and we Laden. For some very bad reason, certain and difficulty. The film's catch phrase, should now avoid the temptation to throw individuals view people like bin Laden as "Never get out of the boat," also relates to law and due process to the winds in a heroes. What heroes has America to offer our recent loss of innocence and security. quest for revenge. these days in comparison? Certainly the While we don't know who's respon­ As for "heroism," for some people, the New York rescue workers; although they sible for the recent disasters in New York recent disaster may, from their badly have no "message" as bin Laden claims and Washington D.C., and recent mob at­ warped point of view, even have the ex­ to. Our one possible well-known Muslim tacks on Arabs and Muslims in this coun­ citing or heroic taste of, say, the Star Wars protagonist, Malcolm X, died by bullets try are loathsome, Osama bin Laden and films! Osama bin Laden, in place of Obi­ long ago, as did virtually every other con­ his allies may or may not be the respon­ wan (Ben) Kenobi? bin Laden' sAl-Qaeda tender for world-class hero in our society, sible parties for the airliner crashes. bin terrorist umbrella group hiding in the Af­ one could argue. Laden, a former member of the Afghan ghan desert and worldwide, instead of Are we just too self-indulgent? "The mujahadeen freedom fighters, who re­ Ben Ken obi's Rebel Alliance hiding in the Counterterrorist Myth," a 2001 Atlantic ceived U.S. funds and training (as Colo­ desert of Tatooine and on other planets in Monthly article by Reuel Marc Gerecht, nel Kurtz, the main madman of Apocalypse the galaxy? The Jatwa replacing the continued on page 9 114 •18 ~eptemher 2001 II Once the extradition request is denied, the United States can do one of two things: IN THE WAKE OF One, it can bomb Afghanistan back into the Old Stone Age; Two, it can order ground troops to enter Afghanistan. THE NEWS For strategic reasons, bombing Af­ ghanistan will not bring either bin Laden By Yingtao Ho or the Taliban leaders to justice: They will simply hide in the mountains, while in­ On Tuesday morning, while most of with shreds of sanity who finance and nocent civilians are slaughtered. Further, us were sitting in our classrooms, or strug­ support the terrorist operations. Based on the cost in innocent lives is probably in­ gling to get that last bit of sleep, a group the above stated principle of deterrence, consistent with U.S. strategic aims. While of terrorists killed more Americans in one bin Laden and everyone who participates collateral damage in any sort of military day than at anytime since the Civil War. in his netWork of terror must die; every operation is inevitable, according to just In a period of minutes, nineteen terrorists leader of the Taliban must die; everyone war theory, the United States does have hijacked four commercial jets filled with who gave a dime to finance the operation some obligation to minimize such dam­ passengers. Two of these jets were driven must either die or languish on death row. age. into the World Trade Center, one crashed As soon as the United States acquires Instead, as Senator John McCain has into the Pentagon, and another one, ap­ convincing proof that bin Laden was in­ advocated, the United States should lead parently headed to Camp David, crashed volved with the attack, it should take that a NATO force, consisting mostly of U.S. in Pennsylvania. Within minutes, these evidence to the Security Council and pass soldiers, into Afghanistan. Political cir­ terrorists attacked the economic and mili­ a resolution that includes the following el­ cumstances indicate the Taliban leaders tary centers of the United States. This was ements: 1. It must de- will have no choice an attack against everything the United clare the terrorist ac- but to fight the Allies States stood for; it was an attack intended tions to be acts of wan­ in organized warfare: to strike fear into the heart of the Ameri­ ton aggression that con­ Against a if the Taliban with­ can psyche. stitute crimes against draws its troops into Based on subsequent evidence, the humanity. 2. It must the mountains, it will attack was carried out by a terrorist cell order the Taliban gov­ zealot diametri- create a power associated with disgraced Saudi million­ ernment to extradite vacuum in cities such aire Osama bin Laden. bin Laden, in tum, Mr. bin Laden and his as Kabut, and allow its was able to involve himself in planning associates to the U.S for cally opposed domestic enemy, the the strike only because the Taliban gov­ trial. 3. It must autho­ Northern Alliance, to ernment of Afghanistan provided him rize members of the take over the heart of with safe harbor. While we may never United Nations to use to our very way Afghanistan. Further, know the identities of all individuals who military means to bring the Taliban govern­ provided financial support for the terror­ the war criminals to jus­ ment may be filled ist operation, it is clear that bin Laden, his tice in the event the of life, there is with bravado from the associates, and the Taliban government Taliban government re­ defensive war it won were all directly or indirectly involved in fuses the extradition re­ . from the Soviet Union Tuesday's heinous attack against western quest. 4. It must declare no compromise ten years ago. civilization. that anyone who pro­ As the Persian Gulf In the wake of the news, some well­ vides continued safe War showed, the intentioned Americans are calling for re­ harbor to bin Laden and his associates to United States military is prepared to fight straint. However, bin Laden will not be be war criminals as culpable as the terror­ in open warfare against inferior opposi­ satisfied until the United States stops trad­ ists themselves. tion. In a short conflict without many ing with the Middle East, and corrupting At this point, some readers may be deaths, the Allies should be able to destroy the Muslim world. Simply put, against a afraid that the Taliban government would the main Afghan army. During this pe­ zealot diametrically opposed to our very agree to the extradition request, and es­ riod of open warfare, it is important that way of life, there is no compromise. To cape from justice. However, because of the allies kill or capture every Afghan avoid future attacks, the United States the ties between bin Laden and the Afghan male who appears on a battlefield. Any­ must show other nations and financial government, forged especially while re­ one who escapes into the mountains, even institutions the costs of supporting an at­ sisting the Soviet invasion in the 1980s, it a twelve year old kid, will likely engage tack on the United States. While a violent is unlikely the Taliban government would in guerrilla warfare against the allies. One U.S. reaction perhaps cannot serve as a agree to surrender bin Laden. Already, the can also expect the Taliban leaders to es­ strong warning against the true zealots, it Taliban has stated it will try bin Laden do­ cape into the mountains, thus triggering can serve as a warning against persons mestically and will refuse extradition. the second stage of the conflict. ------~~~=~==es=~==es=t=ae=====·=l=S=~=~=te=mb=e=r2=00==1======~==·~======5~11 The United States should take two the U.S. ever does find out who financially those who fought in World War Two, men steps to capture or kill bin Laden, his as­ supported these attacks, the CIA should and women who lose their lives in Af­ sociates, and the leaders of the Taliban: carry out mob-style assassinations with­ ghanistan will go down as national heroes. One, it should offer a bounty, perhaps in out mercy or due process. In the end, the message will be ex­ the form of a passport to an industrialized Some may be concerned that the plicitly clear: any government who har­ nation, on the head of each person it is United States invasion of Afghanistan bors a terrorist organization that attacks seeking; two, much like what the U.S did would suffer the same miserable fate as the United States will lose its power. All against the Japanese at the end of WW II, the Soviet Invasion in the 1980s. How­ leaders within that government will pay soldiers should comb through every inch ever, there are two major differences be­ the price in blood. Without question, of the Afghan mountains while using sol­ tween the two operations: one, the Allies some of what I am proposing violates in­ diers of the Northern Alliance as guides. will have the support of the Northern Al­ ternational law. However, the United When the bounty gets high enough, and liance and other Taliban enemies, while States government's primary obligation, when the collateral damage from the cap­ the Soviets were fighting against the en­ as spelt out in the constitution, is to pro­ ture of Taliban leaders and terrorists gets tire Afghan population. The U.S troops tect the security of people privileged to high enough, the Afghan people will turn will therefore have invaluable guides, and hold United States citizenship. The obli­ against the Taliban and bin Laden. a much better understanding of the local gation to follow international law is a sec­ When and if the soldiers manage to terrain. Two, unlike the Soviet Union, the ondary obligation trumped by the need find the Taliban leaders, these individu­ Allied operation does not intend to oc­ for security. The United States should do als should be turned over to the Northern cupy Afghanistan. The Soviets indeed suf­ whatever is necessary to safeguard the Alliance. If they are lucky, the Taliban fered a majority of their casualties when safety of its citizens, regardless of what in­ leaders will lose nothing more than their they failed to occupy the country. With­ ternational law says. May the vultures heads. U.S. soldiers should kill bin Laden out question, the operation will result in pick the bastards' bones clean. and his associates in the mountains 'in the lost of American lives. However, lives self-defense.' Not one man should be so spent to ensure the future security of lucky as to see a courtroom in Texas. If America are lives well spent. Just like

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"I am so glad that I decided to summer Sutherland at Sutherland. Yes, there was the usual • Asbill & • firm wining &dining that we all antici­ BrennanLLP pate. More importantly, however, ATTORNEYS AT LAW Sutherland gave me substantive work in areas that I wanted to explore, and Join us for the attorneys invested a tremendous Summer Associate Interviews amount of time in me- talking about the work, the city, my expectations of September 20 - Washington Office legal practice, and giving me a true October 17 - Atlanta Office sense of the people with whom I would be working." • Banking • Litigation - Michael Ponder • Corporate • Mergers and Acquisitions University of Michigan Law School • Energy and Commodities • Real Estate Class of 2000 • Insurance • Securities • International Trade • Tax

www.sablaw.com Atlanta • Austin • New York • Tallahassee • Washington •18 ~eptembcr 2001 II The Heroes Are Among The Dead Never The Same Unlike Oklahoma City, this story is one in which courage all too often ended in cruel tragedy. The rescue crews, the po­ lice and firefighters who raced to the scene Again went in looking for the victims. I remem­ ber covering Oklahoma City as a news By: Harry Mihas producer and the stories centered on the courage that saved dozens of lives from For the first time in my life, I feared the Eerie Similarities the smoldering rubble. This time, cour­ triphome. Thedetailswerecominginand The sheer numbers will numb us. age sent these men and women to their the imagery of the horror in New York and Mayor Guiliani put it best when he said, graves, never anticipating the total de­ Washington, D.C. was already etched into "it will be more than we can bear." But struction that was about to hit them. my mind, but the fear I had was personal. what strikes fear in me is the helplessness. How those two towers could come My cousin is a lawyer in New York City. Unlike Oklahoma City or the 1993 World down so quickly and so totally is beyond He is about my age and works a block or Trade Center bombing, this one we saw my ability to comprehend. Honestly, all I so away from where the World Trade Cen- unfold before our eyes, on live television. can think of are the people who were still ter once stood. To get to work, he walks It wasn't the aftermath, or an analytical, trapped inside and the people who were in the shadows of the Trade Center, so you sterile breakdown of what happened. It coming to get them. I don't want to di­ can imagine the thoughts that went was indescribable horror broadcast minish those who are working in the through my mind during the half hour throughout the country and around the rubble left behind, but the awful reality is drive home. world, as it was happening. they are working to find peace for those Fortunately there were no messages on I don't know if that was part of the plan left behind, rather than a future for those the voice mail. Still, I had to call his behind these attacks, but it was as if the trapped inside. mother to make sure things were right. terrorists behind these strikes were taunt­ At What Price Freedom For me the story ends happily. He was the ing us and saying, "Not only are you help­ For me, at least, it is a new world. It is one on the other end of that phone call. less in stopping us, but we will make you one in which, for better or now for worse, Of all days, Tuesday was the day he de- watch as we kill tens of thousands of anything is possible. The hope comes cided to go to court over a ticket in New people in one master stroke!" from the'fact that on September 11, 2001, Jersey. The first thing I said was, "re And as indescribable as it was, the un­ we saw that normal, everyday people malaka." Now, if you don't know Greek, settling part is that the attack was eerily could become fierce heroes within one trust me when I tell you it's not quite a similar. Do the movies "Die Hard," "True moment. But as President Bush said, this term of endearment. Chris, my cousin, Lies," and "Independence Day" strike a is a time in which character and resolve asked me why I ______chordinyourmemo- are tested. The test is in how a nation called him that. The ries? Tuesday's at- channels a righteous anger. And in how a answer is because I In real life, there tackscomestraight nation resolves deep-seated fears that still can. out of a Hollywood were unearthed as we watched a symbol For others here in script. Aflawlesssky of our power crumble into powder and the law school and are no brooding andaperfectfallday, . dust. around the nation, just right for a ner- Do we panic and isolate ourselves in­ the stories told are vous pilot who had side our fears and doubts? Or will we em­ ones of tragedy. As SU pe rh eroes to set his sights on tum- body the courage shown by those who I write this story, I ing a jumbo jet into a raced into a crumbling building to save realize terrorism deadly missile. I the lives of strangers? I don't really know struck America in save the day. have seen it played that answer. That answer comes at some ~~~w~ ~oo~~~ point after the dust and the rubble have will never again be form or another. But been cleared and swept away. It comes the same. I can't the problem I face is after thousands of masses and memorials even speculate about the full impact of that I am days past the time the credits have been performed. Our reaction to what happened. The final statistics will were supposed to role. We are seeing the those who have attacked us and to each eventually come out, but to be honest, I grisly aftermath of Hollywood-like may­ other will define the answer and reveal want no part of that. Tuesday, the terror! hem, because in real life, there are no who truly won in the aftermath of a mo­ so casually dismissed as a problem gen- brooding superheroes to save the day. ment that will define the world as we erally confined to the Middle East struck know it. home with an impact never experienced in the Middle East. • ou'll find all of these people at our firm. Their abilities are nurtured Ythrough mutual respect. We extend the same respect to all of our clients-from individuals to large corporations-to best meet your needs. 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nations and used the power of the media to prove it was all too reaL It doesn't take The Case for Rage much to fill the role of a madman. A failed artist almost destroyed Europe. All it takes is for one person to embrace blood and Retribution and death. Our reality, although we like to live with a false sense of security, is that Anonymous there are thousands lined up for the role. All it takes is one. For once, let's leave the grief counselors Is this really war or just political ban­ The new millennium began September out of this. Their counsel at this point ter? Because, in war there are enemies. 11, 2001. Whether it will be a pleasant one seems banal. They are there to make ev­ An enemy's goal is to take you out. Put will be determined by whether we finish eryone feel better and there will be noth­ you out of commission for good. Noth­ an unpleasant duty. Times of crisis act to ing to feel better about anytime soon. Just ing motivates an enemy more than your sift the civilized from the uncivilized. The this once, stop the rhetorical pleas for capitulation or annihilation. At that point, time is here for the civilized to embrace "healing." There is plenty of time to deal you can prepare for an endless stream of rage and retribution and let the uncivi­ with the loss of those we know and those attack by the latest idiot who thinks ter­ lized take their chances in a deadly game we don't rorism, although somewhat messy and they all too deliberately began. Now is a time for rage, a time for righ­ inconvenient, is the ticket to power. teous wrath! Days like these are rare but Is that too cynical for our sensibilities? do happen. Pearl Harbor was one of those What better way to encourage the insanely times. A time such as this is defined by a senseless than what you saw happen last unity of justified fury against people who Tuesday? It was theatre at its best, a se­ truly believe a world without you is a quence of events that stretched our imagi- • world better off. This is the kind of fury that endures past the next media sensa­ tion, unlike O.J., Chandra Levy, and Elian Gonzalez. A time like this also means get­ ting past the inane, academic droning of people who falsely put themselves on a higher plane because they try to see things from the attacker's perspective. "But if you were the one bombed by American weapons and/ or money, you too would strike back like the terrorists did." What spineless drivel! Now is the time for America to explore the indulgence of the fa twa. Focused bru­ Trusted legal counsel tality does not come easy, especially for a nation that is defined by self-indulgence since 1908. and a short attention span. But what is needed now is self-confident relentless­ ness and a short lesson on why hatred is at times a useful tool, especially when there are those whose main goal is to de­ We welcome you to interview stroy you. The hatred part shouldn't be too hard with our representative to muster up, what with tens of thousands on campus September 28. of bodies shattered inside the rubble of one of our financial centers. If the word itself is too strong, then think in terms of intelligent enmity. Given that America is so tolerant, it often fails to act on the im­ Dinsmore & Shohl UP portant issues. Enmity or hatred, if you 1900 Chemed. Centm will, is what can motivate the nation to 255 East Fifth Street act. Cincinnati, OH 45202 Phone: (513) 977-8200 Fax: (513) 977-8141 ------~~~=~==es==®=e=st=a=e====·=l=S=~=~=re=mh=e=r=200==1======~~·~~~~~===9~11 Apocalypse, from page 3 on television after the attack, mocking the fend the companies making those ciga­ blasts U.S. intelligence efforts against bin idea of social justice as a cause for terror­ rettes? As much as we trumpet that ter­ Laden. He notes, "[a] former senior Near ism. However, while no social injustice rorism won't force us to change our East Division [CIA] operative says, '[t]he can justify the horrific attack on our cit­ lifestyle, maybe some features of our CIA probably doesn't have a single truly ies, it should be obvious that injustice can lifestyle are worth re-examining, and qualified Arabic-speaking officer of certainly make such attacks more likely, abandoning, if we want to look good in Middle Eastern background who can play and even provide apparent justification. the world compared to the bin La dens. At a believable Muslim fundamentalist who Morality aside, ignoring social injustice some point we may not have a choice but would volunteer to spend years of his life either here or in the Mideast is not wise. to change; maybe that point has come. with shitty food and no women in the (Benjamin Barber's 1995 book Jihad vs. In any case, like it or not, since Tues­ mountains of Afghanistan."' A younger McWorld argues that we need some new day, we're all "out of the boat" now, and case officer boils the problem down even and creative solutions that encourage de­ we can't ever get back in. The Atlantic further: "[o]perations that include diar­ mocracy and social justice without avoid­ and Pacific are no longer wide enough to rhea as a way of life don't happen." This ing the advantages that either market keep the aggressors out, whoever they is reminiscent of the observation that we economies or hardcore religious faith turn out to be. We should remember that couldn't hope to win in Vietnam against might offer.) moral self-improvement and sensitivity to an enemy that could march all day on a What, after all, do we have to show the the needs of people all around the world handful of cold rice, while our troops were Arab world, and all the other nations? may, at least in the long term, be a better living in comparative luxury (see Lt. Colo­ That we're the world's greatest producer self-defense than any number of Toma­ nel Kilgore's barbecue, and the visiting of child pornography? (Ironically, bin hawk cruise missiles, or of Delta Force Playboy Bunnies, in Apocalypse Now). Laden supposedly transmits highly en­ snipers infiltrating into the Afghan moun­ While strong, rational, proportionate, crypted messages in the midst of porno­ tains to hunt a killer. Vietnam may look and meaningful U.S. military action may graphic websites; maybe censorship has like a picnic in comparison to what is to be a very good thing in this present case, multiple justifications now!) Our Electoral come now. Without thorough self-exami­ what will prevent future terrorism? As College stuck in the colonial era, with the nation, we may well end up destroying many have noted, if we flatten or inciner­ attendant electoral confusion and dis­ ourselves, at least indirectly, through the ate Kabul without compelling reason, grace? The cigarettes we export world­ people and countries we antagonize. might that not just produce far more sui­ wide, often with pressure against Third Apocalypse may then be a matter not of cide bombers eventually? Alexander World governments. to allow the imports "if," but only of "when". Haig, former NATO commander and and give their people lung cancer? The (briefly).Reagan' s Secretary of State, spoke obscene salaries we pay lawyers who de-

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"You have to dance like no one is watching and love like it's never going to hurt" -unknown Jenny Runkles 1977-2001

A memorial service will be held in the Law Quad on Monday, September 24th at 6:30 pm.

Friends are invited to remember this wonderful woman who had such an indescribable impact on the University of Michigan Law School. 1112 •18 $eptemher 2001 II had all of their layers removed and had document the rise and fall of this nation's been blended into a bland mush. The plot first cocaine kingpin. I looked forward to does nothing to alleviate the film's lack of it because I love, as E True Hollywood Sto­ Video character exploration. In parts it is sim­ ries always says about midway through, ply absurd. Hannibal's first victim at one "a descent into drugs and madness." point imports killer Sardinian hogs to tor­ "Blow" certainly delivered this. The act­ Crop ture him with. The question in my mind ing was a bit more flat than is usual for is how exactly does one get giant man­ Depp, but this is most likely because the eating hogs through customs? Perhaps script does not offer much of a challenge they were x-rayed for drugs then simply to anyone but Paul Rubins, who plays a Anemic passed through. In conclusion, I have seen California distributor / hairdresser. The much worse films than Hannibal, but few movie starts strong, but relaxes somewhat By: Russell Krauter were as highly reviewed. in intensity as it goes along. All in all it It can hardly be doubted that we are Memento - Here is a demonstration was not a disappointment, but suffered currently suffering from a decent film that independent film can offer everything somewhat from mediocrity. drought. The studios lately have been that is good about mainstream movies. It As a side note, the horribly rated, almost concentrating on "event" movies, which has the star power of Guy Pierce. It has unadvertised Josie and the Pussycats was pull in the vast amount of their profits high production quality. It delivers an actually worth renting if you have no ex­ from the opening weekend. The sorry amazingly high level of suspense while pectations as to its quality. state thus created is probably the result of lacking pretension. This is the best film Frankly, I'm afraid that in a couple of the growth of the hyper-multi-mega-plex. I've seen in way too long. It almost made months the tide of summer event movies With the increase in the number of screens, up for "Hannibal". It centers on an ex­ will sweep through the video store leav­ no one must wait on opening Friday to insurance detective who has a short-term ing me few decent alternatives. Wading see a new movie. Word of mouth promo­ memory loss problem, who spends the through the new releases, this collection tion is all but eliminated and movies can movie seeking out the killer of his wife in looked best. However, I have very little turn a profit with no real merit. The im­ great thriller tradition. Despite a plot that confidence left for the future. pact on video is depressing. When I walk could be called conventional, the into the video store, I already know that protagonist's disorder offers a very new most of the new releases are wretched, yet twist. Throughout being the video junkie I am, I rent them the non-linear plot .------. anyway. Yes, I will rent "Planet of the my mind tried to Answers to back page crossword Apes" and damn if I won't feel dirty. The wrap around all of same goes double for "Rush Hour 2". On the twists and turns, WINSTON & STRAWN the bright side, independent film does not and despite my best follow the same dynamics that main­ efforts, I was com­ stream does, so independent films have pletely unable to retained their appeal. This week I sought foresee any of the Has Your Answers out films that received at least decent re­ surprises the film views with the hope of bolstering my fail­ had in store. In the ing spirit. The results were mixed. unlikely event that Hannibal- This movie was pure agony you rent only one for me to watch, not because of the film's movie this month suspense or psychological drama, but this should be it. rather because it was so dull. My wife Blow - I had high actually got up to clean the apartment expectations for this during the middle of it. "Hannibal" de­ film. Johnny Depp pends entirely; it seems, on the drawing is one of the few per­ power of the original, which was, of formers who actu­ course, formidable. This installment, ally draws me to see however, bears little resemblance to its a movie, and the re­ parent. For me, the psychological tension views and the lack consisted entirely of trying to remain con­ of hype gave me the scious. I read good reviews of "Hannibal", hope that this movie but I suspect this is because many of the would be unusually good. The idea, as fans of "Silence of the Lambs" simply Winston & Strawn will be on campus October 10 and 11. couldn't grapple with the fact that the most of you prob­ personalities of their favorite characters ably know, was to Interviewing for Chicago, Los Angeles, New York, and Washington. D.C. offices. NEW YORK 212-425-7200 WASHINGTON, D.C. 202-220-4200 SILICON VALLEY 408-975-7500 KENYON &KENYON INTELLECTUAL PROPERTY LAW

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Serving the World's Leading Innovators vvvvvv.kenyon.cotn 1114 3Res <.@estae •18 $.eptember 2001 II last season, will also play in the top four. It is unclear which one of the two will play with Komisarek. The fourth spot will THE IN,SIDER likely wind up a battle between returning sophomore Andy Burnes, Brandon Rogers By: Yingtao Ho and Reilly Olson. Rogers was a fourth MICHIGAN HOCKEY PREVIEW around two, and challenge Ryan Miller of round draft choice in the NHL draft, while Ever since April of 2001, when the Uni­ Michigan State for the position of best Olson played in the British Columbia Jun­ versity of Michigan hockey team was goalie in the CCHA. ior Hockey league, which boasts a higher eliminated from the NCAA tournament The main concern with this position is level of play than minor leagues in the by eventual champion Boston College in depth. Kevin O'Malley, the back up, United States. If the buzz on the internet the semifinals, fans of the team have ea­ played all of two periods of hockey last is correct, look for Rogers to win the job gerly awaited the start of the new season. year. In the 1999-2000 season, O'Malley's and start as a freshman. In such a scenerio, Playing a prominent part in the fans' an­ .883 save percentage left something to be look for Andy Burnes, Brad Fraser and ticipation is the knowledge that Michigan desired. It may be a good idea to give Olson to share playing time as Michigan's will enjoy home ice advantage in the re­ O'Malley some playing time during both third pair of defensemen. gional round of the NCAA tournament. the exhibition season and early season Defensively, Michigan should be solid As anyone who watched Michigan beat games to insure against a possible this year. It will be interesting to see North Dakota at Yost in 1998 will attest, Blackburn injury. whether this year's team can duplicate the the home ice advantage will give Michi­ offensive production that Jeff Jillson gen­ gan a leg up in its quest to return to the DEFENSEMEN erated from the blueline last season. One NCAA tournament. Traditionally, Michigan Coach Red of Michigan's defensemen will have to Over the offseason, the team said Berenson gives 75- 80% of ice time to four assume Jillson's role as the quarterback on goodbye to a solid but unspectacular se­ defensemen. In big games against teams the power play, and also sneak in from the nior class. Offensive mainstays such as such as Michigan State, that percentage is point from time to time. Look for Josh Langfeld, Geoff Koch and Scott even higher. Three returning defensemen Komisarek, who has an excellent, heavy Matzka are gone. As anticipated by many are probably guaranteed spots in the top observers, last season's top CCHA f o u rP.-.-.-.-.a...... _. .. _...... defenseman, Jeff Jillson, left to play for the through San Jose Sharks in the upcoming season. their play An even bigger hole in the Michigan last season. GODFREY lineup appeared when Andy Gilbert, a M i k e Hobey Baker Award (the Heisman trophy Komisarek, of college hockey) finalist who had a who was KAHNs.c ATTORNEYS AT LAW chance to become the best player at Michi­ drafted gan since Brandon Morrison, signed an seventh The lawyers at GODFREY & KAHN, S.C. in NHL contract with the Boston Bruins. overall in Amid all the departures, the good news the NHL Milwaukee, Wisconsin are proud of the strong is that Michigan has its deepest and best draft by the relationship with The University of Michigan Law incoming class in years. Among the ten Montreal School and invite both second and third year law recruits are four players already drafted Canadians by the NHL, and three members of the in the students to interview with two of our Michigan USA Under-18 Developmental squad. offseason, alumni on: The Insider will now break down the will have to Wolverines position by position: play like Monday, September 24, 2001 the super­ GOALTENDERS star he can Josh Blackburn, Michigan's number one become. Mark C. Witt '94 goalie, is a legitimate NHL prospect who Jay Vancik Jeremy D. Newman '97 plays his best games in crucial situations. and Mike In last year's loss to Boston College, Roemensky, "At Godfrey & Kahn, S.C., we work hard to Blackburn was by far Michigan's best both of preserve our differences from other large firms in player on the ice. Blackburn is also no­ whom table because he surrenders very few soft posted Wisconsin and around the nation." goals, which could demoralize a team. solid plus­ Look for Blackburn to play virtually ev­ minus www.gklaw.com ery game, post a goals against average numbers Milwaukee + Green Bay + Waukesha + Appleton + Madison LaFollette Godfrey & Kahn is the Madison office of Godfrey & Kahn, S.C. ------~~~=~==e5==~=e=st=a=e====·=l=8=~=~=re=~=e=r=200==1======~==·~~=~~==1=5~11 shot, to emerge as the quarterback of are natural centers, Jason Ryznar, the success of the team will be determined by Michigan's first power play unit. former captain of the U.S. Under-18 the ability of the freshmen to pick up the squad, has a chance to emerge as the sec­ college game and make substantial early FORWARDS ond line center. Senior Craig Murray also contributions. As Red Berenson said in Michigan's best forward is Mike has a chance to play on this line. the Prospectus, the team in March will Cammalleri, a likely Hobey Baker award Because of the radical change in have to be much better than the one in finalist this year. Cammalleri has a very Michigan's lineup, it is difficult to predict October. If the freshmen develop well, deceptive shot, and is also probably one how Michigan's third and fourth lines will there is enough talent on this club to win of the best passers to ever play at Michi­ shape up. Look for Cammellari, conference, get a bye in the tournament, gan. John Shouneyia will once again cen­ Shouneyia and Mink to start the season and then go on to play for a national cham­ ter Michigan's top line. Look for Mark as the forwards on the first powerplay pionship. The worst case scenario for this Mink, Jed Ortmeyer and possibly one of unit. All three received extensive PP time team is probably a distant second place the freshmen to emerge as the left wing last season. By the middle of the season, finish in conference behind Michigan on the top line. Two freshmen who could however, look for freshman sniper Milan State, and then elimination in the regional challenge are Milan Gajic and Michael Gajic to emerge as a member of the first finals of the NCAA tournament. Woodford, both of whom posted ungodly powerplay unit. Michigan is also fortu­ Either way, there is nothing at Michi­ numbers in junior hockey last season. nate in having perhaps the best penalty gan like the experience at Yost Arena dur­ Both were also fourth round draft choices killer in the CCHA in Jed Ortmeyer. ing a hockey game. Do yourself a favor in the NHL draft. and check out a game this season. Last year's second line of Koch, Kosick OVERVIEW and Langfeld all graduated. If either Michigan's outstanding crop of fresh­ Mink, Ortmeyer, or both do not win a job men gives this season the potential to be on the first line, look for them to play on very interesting. While fans know what the second line. Become none of the re­ to expect from future sure-fire NHL play­ turning forwards other than Shouneyia ers like Cammellari and Komisarek, the uzzled • about. .-. antervtewtng r ~ inston & Strawn on campus October 10 and 11. Interviewing for Chicago, Los Angeles, New York, and Washington: D.C. offices.

Across Down

I. "A long long way to run'' 24. Center of campus rarely traveled l. Fortune and 21. Governmental recommended 2. Where most ofthe class sits by I aw students 2. Same as 15 across intake (Abbr.) 5. U.C.C. advocate 26. __ space 3. At home in the garden 23. How to get through your first 9. What every law student dreams 29. One ofthree articles 4. Above year of(plus or minus) 30. Rogaine users hate this word 5. Caffeine for your computer 25. ... Foreman Grill I 0. ___ student (Abbr. tor 31. Big party 6. May make you cry, this one is 27. Expression of inquiry hospital type) 34. Michigan fits like one not in Jerusalem 28. Wisconsin 11. head 36. Lennon soul mate 7. Opposite of square 30. Pauper 12. A big one is only 800 calories or 3 7. Half of Tolstoy's classic 8. Handing out money these days 32. Finished so at the golden arches. 38. "1 Will Smvive" singer I 0. Famous mountain in Alaska 33. Simpleton 13. And so begins a simile 41. Last in Paris 14. Winston & Strawn name 35. Computernerwork (Abbr.) 15. To or not to 43. Twelve men partner(__ Strawn) 39. Labor lawyers milieu 16. A vehicle commonly seen at 45. (Abbr.) for the isotope 15. English advocates 40. Fish hate this store college tailgates (Abbr.) Lawrencium I. 6. Where Little reading is actually 42. Phrase not to use in an 17. Res ___ loquitur 46. Length of Ann Arbor winters done interview: "Wbere's your 19. Turns red over the mention of 47. Sportscaster ___ Cross J 8. \Vhen you're too warm, it doesn't firm police search 48. Made George Clooney famous work; when you forget yom 44. Ten will get you a decade 20. Famous UM. grad middle 49. Religious figure sweater, it's blasting; and the 47. Big Blue name (OK, Darth Vader) 50. Chipaii man Lawyer's Club doesn't have 51. Former UM coach 22. Never talk to strangers, except 52. Ale it (Abbr.) in this room (Roman Num.) 53. Friend to Larry and Curly *Answers in this issue