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Res Gestae Law School History and Publications

2001 Vol. 51, No. 7, January 23, 2001 University of Michigan Law School

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STUDENT NEWSPAPER OF THE UNIVERSITY OF MICHIGAN LAW SCHOOL --estae 23January 2001 Vol. 51 No.7

• Can the Coach: Is Ellerbe to blame?

• Gratzi: A taste of Italy, or just Michigan?

• Three-Second Memory: Thoughts from Class

• The Insider: Superbowl predictions

• Plus: Crouching Tiger and more • 23 3T anuarp 2001 II

~es ~estae

Editor in Chief: Hannah J. Mufson Co_a_ch? Business Manager: Russell Krauter

Production Manager: Tricia Cornell By Harry Mihas -~~~*ai& This bothers me because it reminds :V.-~<:"5- The men's basketball squad \~ me of what Tom Goss went through. Production Staff: SUCKS! That's right, it Both men came into tough situations Nick Janiga SUUUUUUCKS! Now, please indulge me with little experience or time to prepare. for a moment. Although I pursue the law, Both men made mistakes. And both men Copy Editor: I do so only because my ramen noodle and were given very little margin of error as Monica Newton Spam diet is getting old. For me, sports is they learned on the job. my passion. To be quite honest, baseball Look at Goss. Going in, he had to fire Senior Contributing Editor: kept me out of a lot of trouble. It was one Steve Fisher, was under pressure to get rid Bruce Manning of my saving graces. So today we talk of Lloyd Carr, and then was asked to take sports and, in particular, Michigan's men's the heat for the yellow halo President Lee Contributing Editors: basketball team. Bollinger wanted. Within months Goss Yingtao Ho, Elizabeth Khalil, Harry Now we all know the team is bad. was under fire, with alumni saying he Mihas, Jonathan Sanchez That's no secret around here, or, for that didn't have the "Michigan mentality." matter, the entire Big 10. They can't win Sounds familiar, doesn't it? From Ed Web Site Editor: on the road and the word defense doesn't Martin, to the exodus of players and a Jacob Tiedt seem to have made it into their playbook. litany of suspect behavior (aka-the palm Res Gesrae is published biweekly during the Some people pity the players, since, after pilot episode), Ellerbe has had to deal with school year by students of the University of all, they are the ones going through the criticism that he is not capable, that he is Michigan Law School. Opinions expressed in losses. But they're fine. Regardless of not a "Michigan man." by lined articles are those of the authors and do not necessarily represent the opinions of the what happens they still get to play the The point is both men deserved more editorial staff. Articles may be reprinted with­ game. The one who really deserves sym­ time, and a fair chance to prove them­ out permission, provided that the author and Res pathy is Coach Brian Ellerbe. selves. Why they didn't get it is open to Gesrae are credited and notified. Isn't that somewhat odd to say, that the discussion. Some say they weren't quali­ Res Gestae welcomes submissions. Please place coach, of all people, deserves a little sym­ fied in the first place. If so, then get rid of all articles, columns, or opinion pieces in the pathy? Here's why: the man is in a no the people who approved their hires as Res Gestae pendaflex located on the third floor win situation. If you had any doubts, look well as them. Others blame bad luck. of Hutchins Hall across from the faculty at what happened when Rick Pitino left That's a weak excuse and it does nothing mailroom. Submissions may be made on 3.5" disk or via email (preferably as a MS Word at­ the Boston Celtics. Everyone acted as but strengthen the need for a better op­ tachment). Res Gestae reserves the right to edit though Michigan didn' t even have a portunity to succeed. all submissions in the interest of space. men's basketball coach. Ellerbe became Maybe it revolves around the idea that the invisible man. At the Indiana game, no matter how liberal or progressive the Mailing address: Res Gesrae the students had Pitino cut out faces. Nice! University believes it is, a black male may University of Michigan Law School That's what I want if I am a coach, a bunch have to be twice as good at what he does 625 South State St. of 19 year olds acting as though I don't as his white counterpart. Although they Ann Arbor, MI 48109 even exist in my own arena. would never admit it, it may be that the Phone: (734) 6 15-1288 Ellerbe is in a tough spot. Basically he administration and the alumni are uncom­ Web Site Address: is biding time as the school waits for the fortable with a black male in an authority http://www.law.umich.edu/pubs/rg Ed Martin case to finally come to a close. position and, in turn, put him under more

Office: His team knows it, the fans know it, and scrutiny than they would someone else. 116 Legal Research worst of all, he knows it. How can some­ It may indeed be true that the University (near the Law School Student Senate office) one succeed in a situation set up for fail­ and its supporters are more influenced by You have the right not to ure? Even if he were winning, everyone racism than they care to admit. remain silent. Write to us: would want him out for reasons that have [email protected] nothing to do with the record. ------~~~=~==e=g=~=e=g=ta=e=====·==2=3=~=M=u=azy==2=00=1======~==·~~~~~====3dll tion throughout the meal, suggested the beef as the restaurant's unequivocal best dish. Indeed, we were not disappointed. Our tenderloin, cooked medium rare, came rolled in freshly cut garlic atop a Italy in the Midwest? portabella mushroom filled with goat cheese and tomato. The flavor, texture, and presentation of the dish worked. For dessert we decided on a raspberry sorbet and a spumoni gelato as well as A Night espresso. There was little positive to say about the coffee. In the increasingly per­ fectionist coffee milieu of Ann Arbor, it gave us hope to know that one can still Out at find abysmal espresso in town. The sorbet was more about color and size than fla­ vor. There was little raspberry taste to the heap of bright red frozen sugar water other than the seeds. The gelato, however, was relatively fla vorful with nice chunks of pistachio and the always popular mara­ schino cherry. The bill for our meal, including two By Smooper and Dooper us, it was, like the cream, endless in sup- glasses of wine, tax and tip came close to For our inaugural meal as the law ply. $100. Accordingly, we would recommend school's official team of food aficionados, At this point, our bodies were crying out Gratzi! for special occasions such as pass­ we visited Gratzi! on a recent Friday for something leafy and crisp. Ofthe four ing Enterprise Organizations or celebrat­ evening. Though we had not made reser- salads on the menu, the pear, prosciutto, ing a birthday - and the strolling string vations, we were lucky to get a table. The walnut and gorgonzola salad seemed like duo will doubtless play you as many restaurant was filled with what seemed it would meet our urgent needs. As with rounds of "Happy Birthday" as your heart to be satisfied customers chatting the night the ravioli, we practically had to use a desires. Gratzi! is a great place if you want away. snow shovel to extract the lettuce from the a somewhat sophisticated atmosphere When we sat down our senses were drifts of cheese. The other ingredients and generous portions of astonishingly honed after noticing that the "brick wall" tasted good but we quickly grew ex­ rich food. we were sitting next to was actually richly hausted searching for the tiniest fragments But, if you're looking for the real thing detailed wallpaper ______offruitandsaltedmeat. in Italian cooking, go to Italy. You'll cer­ made to look like brick. Recognizing that our tainly be able to afford it after completing Was this a sign of things 0 Ur bod je S cholesterol levels had your summer job. to come? long ago surpassed the We started with two M-Fit recommended appetizers. The fried were cry1'ng OUt allowances, we threw calamari with saffron caution to the wind and aioli was abundant in ordered the beef ten- quantity but lacking in for somethl'ng derloin with goat crunch. The squid rings cheese and assorted were juicy and tender vegetables as well as but masked by too 1 f d • the pappardelle (wide muchsoggybatter. We ea y an CriSp ribbon pasta) with also tried the butternut smoked chicken and Gratzi! squash ravioli with mushrooms in- you Swiss chard in a butter and cream sauce. guessed it-a butter and cream sauce. Like 326 S. Main St. Though the chard was bright and healthy the sun through a January Ann Arbor sky, Ann Arbor tasting and the squash filling fluffy and the combination of the smoky meat, nicely flavored, the ravioli seemed to be woodsy mushrooms, and al dente noodles 663-5555 pleading for someone to throw them a life occasionally shone through the dense Open for lunch and dinner preserver to escape from drowning in the clouds of dairy. seven seas of cream. Even though the Hopeful, we moved on to the beef. Food questions? Restaurant curiosi­ Scotty, our very knowledgeable waiter, Parmesan cheese was not real Parmigiano ties? Write to us at rg@umich .edu. Reggiano and wasn't freshly grated before who had survived our Socratic interroga- • 23 jTanuarp 2001 II coverage when the Ravens blitz a safety against the run. In order to move the ball at all, the Gi­ ants will have to throw the ball short on THE INSIDER first down to make sure they get reason­ able third down plays. If the Giants run the ball on first and second down, they By Yingtao Ho will get into long third down situations where their chances of success is virtually nil. Because the Ravens tackle extremely well, the Giants will have to be patient in age to make one or two big plays that ei­ the passing game, and keep taking the Super Bowl ther result in a score or a first and goal. short stuff that the defense is giving them. With their big offensive line, the Ravens The Ravens believe they have such great Preview are pretty good at running the ball into athletes in their secondary that eventually When: January 28, 2001 the end zone. The Ravens will probably somebody will make a play on a long op­ Where: Raymond James Stadium, Tampa, FL score one offensive touchdown in the ponent drive. With the way Kerry Collins Who: Baltimore Ravens v. New York Gi­ game. The big question is whether the is throwing the ball, however, the Giants ants Ravens will turn the ball over, and put have a better chance than most to sustain Line: Ravens by 3 ( 0 / U: 33; Insider's Pick their defense in tough situations. decent drives .. of the Week) Giants offense v. Ravens The bottom line here is that in order to Ladies and gentlemen, welcome to one defense move the ball, the Giants will have to of the most unexpected matchups in the Simply put, the Giants' only chance to throw on virtually every first down. Even history of the ultimate game. Outside of move the ball against statistically the if the Giants do throw on first down, they New York, this will be the lowest rated greatest defense in the history of the NFL will still have trouble making touch­ Super Bowl in at least a decade. The lack is through a short, precision passing game. downs. Once inside the redzone, the sec­ of public interest, however, does not mean Hell will freeze over before the Giants can ondary plays closer to the receivers, thus the game is any less interesting. Indeed, run the football on the Ravens' defense. making the short passing game more dif­ it will make this the ultimate coach's In this matchup, watch the Ravens defen­ ficult to execute. Looking at this matchup, game. Let's look at the matchups: sive tackles. Tony Siragusa, Sam Adams I believe the Giants have a better chance Ravens offense v. Giants and company not only hold up their to score a touchdown with their defense defense: blocks, but literally push them back. Ray than with their offense. The first thing to note is the Ravens will Lewis, the probable NFL defensive player The Bottom Line not have any success throwing to their of the year, is a magnificent caged animal This game will be decided by two wide receivers. The Ravens quarterback, who puts a hat on the running back on things. One, how long it will take for the Trent Dilfer, is probably the worst quar­ virtually every play. Giants to realize they have to run the West terback to ever start a Super Bowl game. The Giants also have little chance to Coast Offense to move the ball against the The Ravens' receivers are not only aver­ throw the ball deep on the Ravens defense. Ravens. Second, the number and field age, but they see the ball so infrequently First of all, the Ravens have played in a position of the turnovers. The Insider pre­ that they run poor routes, and often lose cover two scheme since Jimmy Smith dicts the following: the Ravens will force their concentration. The Giants also have burned them for 280 yards in week two of three turnovers. Two will be in the offen­ two of the biggest and most physical the regular season. This means the safe­ sive half of the field and turn into field cornerbacks in the league in Jason Sehorn ties will sit deep in the secondary, and be goals, while one will be inside their own and Dave Thomas, who should have little in position to provide double coverage redzone and prevent a Giants score. The trouble against the likes of Qadry Ismail. when a wide receiver runs by a Giants will force two Trent Dilfer intercep­ The Giants also have one of the best run cornerback. Second, the Ravens corners tions, but will only get three points out of defenses in the league. The Ravens are unlikely to play bump and run cover­ the two turnovers. The Ravens will score counter the Giants' run blitzes with one age, which makes it difficult for the re­ the only offensive touchdown in the game of the biggest offensive lines in the game, ceiver to get by the cornerbacks. Third, with a short dash by Jamal Lewis, while and a big and strong back in Jamal Lewis. the Ravens' defensive tackles usually get the Giants will not implement the short While the Ravens will not be very success­ a pretty good push up the middle of the passing game until it is too little, too late. ful running the football, their defense al­ field. This makes it difficult for Kerry The Ravens will also get one safety as the lows them to be persistent. Look for the Collins to take a step forward when he final moment of affirmation for one of the Ravens to rush the ball at least thirty times, throws, and get the proper zip on the foot­ greatest defenses in NFL history. Final and average three yards per carry. ball. Also watch DE Michael McCrary score: Ravens 18, Giants 6. The bottom line in this matchup is that coming around the corner on passing the Ravens will not gain 200 yards in the downs. The Giants' only chance in this game. However, they will probably man- matchup is to get Amani Toomer in single jfanuarp 3Res ®estae • 23 2001 5 11

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Wlla.+ .a,d ~t>v \~\f\ · ~ , &+.i lfrk 1~ ~II=G=====~==·=~==~====~==es==~=e=st=a=e=====·==2=3=1=M=u=ar=p=200==l~l~l------governor's daughter Jen Yu (the doll-like, perfectly made-up Ziyi Zhang) go through with her arranged marriage, or will another's true feelings for her sway her decision? Who has stolen Mu Bai's A YES: fighting school's secret manual? Who is that masked warrior? Shu Lien and Mu Bai are forced to chase after the answers A NO AND to all of these questions, through Peking, peaceful forests, scenic vistas and nights alive with black-clad fighters, and they do it with unending grace and poise. A MAYBE Crouching Tiger gives Chow-Yun Fat the opportunity to, well, show off his in­ By Hannah Mufson credible martial-arts skills. His ability to emote is not the best, but it would be hard for most people to go from "I will now kick your ass!" to tender concern and deep emotional turmoil. Michelle Yeoh, how­ In Peking, we meet the rest of the play­ ever, is unqualifiedly fantastic. Crouch­ ers in the drama, which revolves, of ing Tiger allows her to showcase her Crouching Tiger, course, around Green Destiny. It is im­ amazing acting talents, as well as her abil­ possible to have a movie involving a ity to fight with nearly any weapon at Hidden Dragon named sword that makes a cool sound hand. The fights are choreographed fan­ every time someone draws it not treat the tastically, and the subtitles leave no doubt As someone who likes movies, I go to a sword like a character. Shu Lien and Mu that it is possible to talk trash to your op­ fair number of them. However, I have Bai do meet in Peking, where it becomes ponent just as handily when dancing over never claimed to like only good movies; clear that a lifetime of martial arts train­ rooftops on a wire in China as when play­ only that I like movies. Therefore, in gen­ ing for both of them does not mean that ing professional sports in America. Prob­ eral, I am equally entertained seeing the they are unable to feel. The fits and starts, ably more possible. abysmally stupid "Dude! Where's my the awkward silences and interruptions as There are no jarring elements, no mo­ car?" as I am the serious and thought-pro­ they try to figure out what is between ments that make you wonder, "Could that voking "Fight Club." Every once and a them are both amusing and poignant. really happen?" to this movie. I was while, though, a movie comes along that Unfortunately, this poised to dislike not only surpasses the competition, but is an epic, and they the wire fighting, makes normal movie-going slobs like me are not left in peace but it captivated recognize the margin by which it does so. long enough to "Very Chinese me instead. The "Crouching Tiger, Hidden Dragon" is come to any con­ soundtrack, with such a movie. clusions. its fast-and-furi­ It opens with Li Mu Bai (Chow-Yun Green Destiny is and very epic." ous drumming Fat)'s return to his hometown from an stolen. Green Des­ accompanying extended period of meditation and reflec­ tiny is returned. the fight scenes tion at a monastery. Mu Bai brings home There is much What more could and Yo-Yo Ma's with him his famed sword, Green Destiny, fighting as a result, cello solos almost to take to Sir Te (Sihung Lung), a friend in both with incred­ everywhere else, Peking. Mu Bai feels he must give up the ibly choreo­ you want? is unobtrusive life of a warrior, since all he feels himself graphed martial and perfectly bringing to the world is pain and death. arts moves and placed. Crouch­ The audience learns all this, not from a with biting oh-so- ing Tiger, Hidden self-conscious dialog with the camera, but polite words. There is intrigue. Is the Dragon has well-written dialogue (or at from an almost-confession to an old friend governor's family involved in the thefts? least, well-translated subtitles), humor, and constant love, Lu Shu Lien (Michelle There is danger. Mu Bai' s master was as­ wit, poignancy, revenge, fighting and love. Yeoh) . Shu Lien must herself go to Pe­ sassinated by Jade Fox (A title? A per­ It is, in the words of a friend, "very Chi­ king to guard a caravan of goods, and of­ son?), who may have stolen the sword for nese and very epic." What more could fers to take the sword with her. Mu Bai some, dare we say, nefarious purpose of you want? accepts, and when asked if he will join her, her own, and who appears to be back on enigmatically says, "perhaps." the scene. There is true love. Will the Grade: A ------~. ~~~=~==es==®=e=s=ta=e=====·==2=3=}=M=u=acy==~=O=l======~==·=~======7~11 company's ads. Marshall is less than Martin and Lily Tomlin in All Of Me. Un­ What Women thrilled. fortunately, the brainstorming committee And then, the twist. While experiment­ of this movie either thought that the be­ Want ing with McGuire's box of products made ing-able-to-hear-women premise wasn't for women (she put it together, no doubt, funny enough to sustain the whole movie, Nick Marshall (Mel Gibson) has it all. to educate all the men in the proper way or that making fun of stereotypes was He's a high-powered advertising execu­ to apply mascara), Marshall falls in his overdone, and as a result, decided to try tive, he's got a great apartment, the ap­ bathtub and electrocutes himself. But to turn Marshall into a sensitive guy, able parent love and respect of everyone, and does he die? No! He gets to hear what to bond with McGuire, his daughter and women just love him. His life is great. women think! Isn't this amazing? The just about anything else female that walks. Unfortunately, his boss doesn't quite shocker, for Marshall anyway, although For two hours of light entertainment, agree. Instead of promoting him, he not for anyone else with three or more this isn't a bad movie. As long as you (gasp!) hires someone else. And that brain cells, is that all the women around don't expect to see character development, someone else is (ohmigod!) a woman! him think he's a complete and total you have a well-developed ability to sus­ Wow. With a beginning like this, who asshole, which, frankly, he is. Presumably, pend your disbelief and you don't mind a needs to see more? But wait! It gets bet­ being able to hear women's thoughts will completely irrational and illogical movie, ter. Marshall must then not only put up make him more sensitive and caring, and you'll be entertained. Otherwise, wait with Darcy McGuire (played by Helen better able to understand why he's such until it comes out on video. Hunt with a little too much self-tanner), an asshole. Well, maybe. but has the ultimate ignominy of having What Women Want is surprisingly Grade: B· to compete with her. She now leads the amusing. Marshall's women-induced advertising meetings, has the direct line schizophrenia and abrupt attitude rever­ to the boss and sets the tone for the sals are somewhat reminiscent of Steve

be demolished for Kuzco' s new pleasure The Emperor's palace (with a water slide!). The movie is basically an excuse for New Groove David Spade to mouth off. His sarcastic exchanges with Pacha are brilliant, al­ Seeing this movie without seeing any though the chance of understanding by We of the trailers or promotional material first the (presumably) target audience of 6 year was apparently key, since I am apparently olds is fairly slim. Kuzco and Pacha spend the only person (a) over 6 who (b) saw this most of the movie arguing with each other movie (c) willingly and (d) liked it. Go on their way back to the capital, where neEd figure. Kuzco assumes Yzma will be ecstatically The Emperor's New Groove, was, for happy to see him and will gladly turn him me, simply a showcase for David Spade's back into a human. Ha. Goodman as comic talent. Voicing Kuzco, the insanely Pacha is the perfect placid foil for Kuzco' s self-centered Emperor of some Aztec­ smart-ass remarks, and of course, the two themed land, he made me wonder how end up cooperating, in fine Disney tradi­ he~• much of the dialogue was written before­ tion, at the end. hand and how much he simply made up Amazingly witty and sharp, this is not on the spot, forcing animators to work late a typical Disney cartoon. There is no nights re-animating that llama's mouth. music (although the theme song is sung l\,es Law Guide ,& Essay Save Yout Gr,ad,es • Casenotes ,, Easy Review Order 24 Hours a !Day! ,~. Ema.rn.it\l'l taw Outlln~~ ., Examples & Ex-planations Same Day Shipping • EZ Ru ~ es (for ordeT;> received before 3pm CST} "Finals 10~15% Off PubHshers' Ust Price • :Hemings E:>say Workbc·ok ~ · G!lbert La.w Summaries No Sales Tax (outsfd,e !1l.ino.fs) • Hornbook Series • taw in a. Flash C:ard.s • tegalin~s ~~~d~~~ni:J!~~~c~1~s~~~~~; ., Nut ~•heii (Shipping Charge li!f!!mt1ved at Tfme afShiptnent} • OUtll:nes ,, il'rofessor Series l Smith's Review ,• . ·Qc.. 'U· · i.-t..,,!l. J:~;,vi··"" ..' ""'".....' • Roadmap> G)law.com· • Siege]'s " Sum & Substance Tapes ., Unders:ta:hditlg Series http:t/store.law~com or Soo.fb8.n6o and much, mr.u:"h more!