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2000 Vol. 51, No. 4, October 24, 2000 University of Michigan Law School

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Recommended Citation University of Michigan Law School, "Vol. 51, No. 4, October 24, 2000" (2000). Res Gestae. Paper 158. http://repository.law.umich.edu/res_gestae/158

This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. The Presidential Race In a race where poll numbers have STUDENT NEWSPAPER OF gone back and forth since the conven­ tions, George W. Bush, as of late, has THE UNIVERSITY OF MICHIGAN held a small but steady lead. The LAw ScHooL conventional wisdom in September was that AI Gore, leading in the polls as a result of his convention bounce, would carry the lead through late September, when Americans would be distracted by the Olympics. Then, he would wipe George W. Bush out in the October debates. As it turns out, 24 October 2000 Vol. 51 No.4 the ratings for the Olympics were low and Gore never delivered that debate punch. Instead, Gore was criticized for exaggerating and sigh­ ing in the first debate, looking muz­ zled in the second debate, and being punchy and menacing in the third (why did he hover over Bush while i Bush was speaking?). Rather than coming out on top at the end of the debate cycle, Gore lags behind or ties Bush in all major national tracking polls as of this writing. Anything could change in these next two weeks, of course, but right now Bush seems to have the momentum. Of course, this race will ultimately be decided in the Electoral College, not the popular vote. So, how do things stand state by state?

States in the Bush Column Many estimates give George W. Bush a lead in anywhere from 22 to 26 ~ee I:f Your To"te Ma"t"ter8f. . Deeidi:ng; The Fir~~ P:re~ide:neA~~. ~IIIIII•'Gii'l.ll1! n page 2 o:f ~he 2I~~ Ue:n~ury . ··. rn... f1· By Jonathan Sanchez Court, but also on state judiciaries - ()C.!f::-L4-£'f!ffl ra such as the heated battle for three of Two weeks from today, this country the seven seats on the Micl1ll ' 5 will select its 43rd President under the siOF M 1787 Constitution (there were also ~~K:m::::~~d~;:: thi~:~~' ·.: .. . . J.ICLJ 6· nine quasi "presidents" under the school voucher plan and we have the Bjork on Tr ~lg '1cteen Articles of Confederation), the 107th makings of both an interesting and Congress, eleven state governors, and important election that could poten- Gore, Bush or Canm:an? 8 fifty different state legislatures that tially change the cultural landscape in will have a hand in shaping congres­ a significant way. The following is a sional districts for the next decade. thumbnail sketch of where things AJ!irmative Actiou 11 Not only will this election have an stand today with the presidential and effect on the makeup of the federal senate races and how things might judiciary, especially the Supreme turn out two weeks from now. No Nader, N0 Cry 13 ~''==2==~==~=~=~====~==e=g=®==e=st=a=e==·==2=4=~==c=to=b=e=r=2=0=0=o~l~l------Voter Influence, Continued from page 1 to this, as the only Midwestern battle­ over Walter Mondale. Minnesota has ground state where Gore has main­ never voted Republican in a presiden­ states, mostly concentrated in the tained a solid lead after the conven­ tial election since Richard Nixon's Rocky Mountain, Great Plains region, tions, and Gore ends up with 168 landslide in 1972. Yet a recent and the South. The Mountain states more or less solid electoral votes. Minneapolis Star-Tribune poll shows of Alaska, Idaho, Montana, Wyoming, The "Gore Swing States" Bush with a three- lead in the Utah, Colorado, and probably "Gore Swing states" are states won state and Bush and Gore running Arizona are not seriously being con­ by Clinton/ Gore in 1992 and 1996 roughly even in Wisconsin and Iowa. tested by Gore. This gives Bush 34 that should be in the Gore column Perhaps these are just temporary electoral votes. The Great Plains now but are instead posting ties or anomalies and Gore will eventually states of North Dakota, South Dakota, narrow leads by either Bush or Gore. win. Even if this is the case, the short­ Nebraska, Kansas, and Oklahoma are I've identified thirteen states, with a term effect is that Gore may have to solidly Republican and give Bush a combined total of 88 electoral votes, spend campaign resources in states total 'oC'25" eiectorar vofes: "'· In the wnirn faH into' this category. tlnat should already be in the bag. t' S~mth, the home regions of both can- In the West, Washington, Oregon, Maine, New Hampshire, Delaware, didates, Bush has the lead in Texas, Nevada, and New Mexico are com­ and West Virginia are small q :misiana, Mississippi, Alabama, petitive. In each of these states (except Northeastern states with a combined qeorgia, South Carolina, North­ for Nevada), the Green Party has tra­ 16 electoral votes that went for C::arolina, Virginia, and Kentucky giv­ ditionally been more influential than Clinton-Gore in 1992 ana 1996, but ing him 113 electoral votes. Bush also it is nationally and Ralph Nader where Bush and Gore seem to be run­ leads in solidly Republican Indiana as remains a threat to Gore. With an ning even tkris time around. With the well as Ohio, where Gore has report­ influx of people moving into the state exceptio;n of New Hampshire, these edly withdrawn resources to shift to and populating a burgeoning subur­ are states iilnat should not be consid- rr1ore competitive states. This gives biaarormd Las Vegas, Nevada has Bhsh another 33 electoral votes. All in" beeri"' trerrdt~g 'ihore Repuiblican. all, 205 electoral votes are seriously New Mexico 'also has closeilo a 40% trending towards Bush. t""'' Hispiuruc s n , ,tl:fat ,. ,tret:t,ds The thing to note with list is ~t Democrat, ' 'ght coURter the of these states, a -eandi.d:ate from Kentucky, Int1·•

Res Gestae welcomes submissions. Please place all articles. co lumns, or opinion pieces in the Res Gestae pendafiex located on the third tloor of Hutchins Hall across from the faculty mai lroom. Submissions may be made Dumb and Dumber: on 3.5" disk or via email (preferably as a MS Who Will Lead the Free World in 2001? Word anachment). Res Gestae reserves the I knuw th1 s is a law sr.h ool. And I understand the student s here hil'le !herr reasons for supporti ng Georg:: Bush or AI right to edit all submissions in the interest of Go r ~ : but. hoaar me out for a s~ cond . The plain fact of the space. matto;>r is both AJ Gorr. a11d George Bush ar"' D-U-M-8 (Just in case anyone. or the p

Send all Letters to the Editor Feel The Rush to: [email protected] www.law.umich.edu/pubs/rg ------~11 l\es ~estae • 24 ®ctoher 2000 5 II

THE INSIDER PointbyYingtaoHo

Hi, Insider here. I will turn the debate, rather than old -fashioned ble for all injuries that are sustained gavel over to Old Oligarch briefly. I brain washing. Now, I will turn in all mutually agreed upon fights will be back. you back to The Insider. on the ice. This conclusion would Please allow me to introduce have destroyed hockey. myself. My name is Old Oligarch. I HOCKEY ON TRIAL If fighting is not allowed in the asked my friend to let me talk to all game, then it will become virtually of you in response to the A couple of weeks ago, Marty impossible to protect the league's Affirmative Action 102 program McSorley was convicted for star players. There is so much that just graced this campus. assaulting Donald Brashear during speed to the game that even with It is extraordinarily interesting to an NHL game last year. In the last two referees, it is impossible to me that the program holds itself out few seconds of the hockey game, catch every slash or illegal hit. as educational in nature. To my McSorley slashed Brashear on the Many coaches in the NHL target way of thinking, an educational head, leaving Brashear uncon­ opposing star players in the program should present both sides scious on the ice. During the trial, attempt to either get them off the of an issue. Unfortunately, ninety the very survival of the game of ice or take them five percent of the speakers that hockey as we know it was on the off their games. In order to pre­ Affirmative Action 102 invited to line. Fortunately, the actual find­ vent the slashes and illegal hits, the campus support race and gender ings of the judge kept the game NHL relies in part on vigilante jus­ based affirmative action. While the safe. tice. Without fighting, and the pos­ University and the Law School sibility of severe retribution, star views the teaching of sympathetic players will have targets painted on engagement with counter argu­ their chests. ment as one of their primary educa­ The jury was The Insider wishes to thank the tional functions, such engagement judge in the McSorley case for cannot occur with the way on crack doing his part in preserving the Affirmative Action 102 was set up. quality of the NHL product. Ladies and gentleman, what we have here is not education, but THE BITCH AT DUKE rather brain washing in the old During the trial, McSorley Soviet Union sense. claimed he was trying to initiate a Last week, a jury that's flat out of Now the brain washing is over, fight with Brashear. In an attempt its mind gave a former Duke kicker, and it is time for all of us to think to hit Brashear on the shoulder who happens to be a woman, two for ourselves. Go back and read with his stick, which in the NHL is million dollars. Allegedly, Duke Justice Powell's opinion in Bakke. an acceptable way to initiate a fight, University discriminated against It will become very clear that the McSorley claimed he accidentally her by not letting her kick in foot­ argument "diversity is a com­ hit Brashear on the head. If ball games. The jury decided that pelling interest" was not part of the McSorley told the truth, then he once the University allowed the girl essential holding of the opinion. deserved nothing more than a to walk onto the team, she deserved Look at the increase in minority and perhaps a minor sus­ an equal opportunity to play. enrollment at U. C. Berkeley and pension. The judge could have There are two reasons why the jury UCLA, and see how a race neutral decided that McSorley intentional­ was on crack. First, based on all of affirmative action program, com­ ly slashed Brashear in the head, the the evidence, the woman kicker bined with reversing the education­ ultimate conclusion of the Court. was simply not as good as the guys al policy of lowered expectations, This conclusion is supported by the she was competing against. Her can take the place of race-based videotape, which shows McSorley counter argument is that some affirmative action. Finally, look at swinging the stick downward, not coaches told her she was as good as the signs of racial animosity around upward, toward Brashear's head. the other kickers on the team. you, and ask yourself if affirmative Or, the Court could have decided However, uncontested testimony action's emphasis on race simply that McSorley did not have the shows that the coaches told her this increases the intensity and duration right to seek a fight with Brashear. only because they did not want to of that animosity. Ladies and gen­ Such a ruling would mean any tlemen, it is time for real, honest player can be criminally responsi- Insider, Continued to page 15 l\.es ~estae • 24 (!f)ctober 2000 II

by Ryan Wu own eyes are degenerating. But she lower cost of digital cameras allowed still manages to find small pleasures von Trier to shoot his color-saturated amid the drudgery: she's rehearsing musical sequences with 100 cameras. Written and Directed by Lars von to play Maria in a community theater These sequences are supposed to Trier staging of "The Sound of Music" and spring us, headfirst, into an exhilarat­ Starring: Bjork, , imagines herself the star of grand ing technicolor fantasia where we can and David Morse. musical numbers like the ones that escape, with Selma, from the colorless Playing at Michigan Theater appear in her favorite Hollywood misery of factory life. But there's no musicals. She also depends on the kick, no life to these scenes: von Dancer in the Dark has polarized crit­ kindness of friends. Her prole-com­ Trier's uninspired compositions and ics and audiences like no other movie rade-by-way-of-Harper's Bazaar editing, along with the crude chore­ in recent memory. When the movie Kathy (Catherine Deneuve, cast in ography and the emotional reticence first screened at the Cannes Film homage to the sublime French musi­ of digital video, sap Selma's musical Festival, where it took the Festival's cal The Umbrellas ofCherbourg) is Della fantasies of any imaginative force. top prize, the Palme d'Or, it provoked Reese with a French accent, while her Von Trier does browbeat Bjork into vociferous jeering and thunderous landlords Bill (David Morse) and a performance of sometimes aston­ applause in equal measure. This Linda (Cara Seymour) initially ishing emotional nakedness, but she sharply divided response has been appear to be paragons of American just as often lapses into her irritating, mirrored stateside when the movie generosity. But it turns out that Bill's self-consciously infantile manner­ opened commercially last month, broke, and his desperation unleashes isms: with those impish grins, fey with the critical reaction ranging from a chain of catastrophic events that gestures, and furrowed-brow the rapturous to the outraged. lead inexorably to tragedy. But even anguish, Bjork occasionally suggests Entertainment Weekly even took the in suffering through a series of prat­ the Teletubbies' slightly more unprecedented step of running two falls worthy of Wile E. Coyote, Selma humanoid second-cousin. But she reviews side-by-side: one hailed the somehow never questions her convic­ makes for a great martyr. Actually, movie as "astonishing and tri­ tions; like Bess, the nai"ve, saintly mar­ with her fragile, childlike looks and umphant" while the other dismissing tyr in von Trier's devastating 1996 halting, almost phonetic English, it as "sadistic crock." What's most fable Breaking the Waves, Selma's she's too perfect a martyr. Twee little intriguing is that, while most divisive beatific spirit remains unvanquished Selma turns out to be nothing more movies have split reaction along a despite the crushing ordeal she faces. than a caricature of sanctity: vulnera­ predictable highbrow-mainstream And like Breaking the Waves, Dancer ble and loving, she doggedly pursues fault line, with artier critics and audi­ features jittery, restless camerawork, her self-sacrificing goals without ever ences championing challenging box­ full of whip pans, abrupt jump cuts, confronting a genuine moral dilem­ office failures like Eyes Wide Shut and and disorienting handheld shakiness. ma (she kills Bill because he asked her The Thin Red Line, no such break The visual syntax conveys a startling to, after all). Selma seems mentally occurred here. Both rarefied snobs degree of raw immediacy, and as far stunted -- unable to assess situations and popcorn-movie populists loved as that goes, few wield the handheld in a realistic manner (her stupidity in or hated the film in equal numbers, camera better than von Trier (though the last third is guaranteed to drive and that degree of passion aroused by those sensitive to shaky camerawork law students crazy) and seemingly the movie, in itself, makes Dancer in may want to hurl their lunch in his incapable of making a moral choice. the Dark essential viewing. direction by the end). But unlike Von Trier's definition of "moral puri­ The Icelandic pop star Bjork plays Waves, and like his previous film, the ty" is utterly patronizing, but it Selma, a Czech immigrant toiling risible provocation The Idiots, von speaks to his laughably over-the-top away in a factory in rural Trier shoots Dancer on digital video, scheme: why have just a sympathetic Washington, slaving to accumulate which bleaches out colors and gener­ character when you can contrive a the money so that her son can be ally coarsens outlines, so that the living, breathing saint? And why saved from a congenital eye disease. images look as though it's been cap­ merely run the saint through the The matter becomes all the more tured by a camera that has been sub­ gauntlet, when you can run her urgent since, underneath those merged in dirty dishwater. The through one of the most grotesquely heavy-rimmed geek glasses, Selma's movie's not easy on the eyes, but the stacked ringers in movie history? ------111 3Res ~estae • 24

To that end, the sadistic Danish director has concocted a melodrama Iceland's Greatest Import so preposterous in design and so bla­ By Karl Nelson tests both Bjork's musical restraint and tantly manipulative in execution that Bjork, Selmasongs Yorke's ability to keep up with her even Bette Midler would cry foul. Note: I reviewed this album before seeing soaring vocals. This is by far the most Here, not only is Selma willing to the movie so that my review would not be normal moment on the soundtrack -­ give her life to save her son's eyes, tainted by my take on the film. even my mom likes it. It's a tragic she'll give up her life instead of risk­ The mention of Bjork generally exploration of Selma's motivation (or ing her son finding out about his eye divides the populace into three the lack thereof), but it serves as the condition, for fear that it might get groups: those who aren't aware of her, album's centerpiece. worse as he'll worry too much. To those who can't stand her, and those The remainder of the soundtrack fol­ give up your life for a potential place­ who can't get enough of her. I'll be lows Selma's alternating embrace and bo effect, now that's sacrifice. Ah, perfectly honest and admit that I fall denial of her situation in life. She is but the ridiculousness is intentional, into the last group -- those fanatic faced with her burden while simulta­ y'see? This is a "postmodem" art film Bjork hounds who don't balk at neously avoiding it in "Scatterheart," after all, and so each and every genre spending $13.99 (on sale!) for seven singing "There is comfort/ right in the convention has been self-consciously measly tracks. But who could blame eye/ of the hurricane." "In the underlined, italicized and highlight­ me? After all, it's been three long years Musicals" reveals her deepest hope, ed for your convenience. But it's hard since her last album, , that "There's always someone to catch to see what point he's making save interrupted only by the occasional me .. . When I fall." "New World" final­ the most elemental, that melodramas release of a three-CO plus video set for ly seems to offer hope ("In wonder - I are inherently manipulative. That's her latest single. If you don't think wonder I What happens next? I Anew great, Lars, but the reason why melo­ Bjork's doesn't know how world, a new day to see"), but who drama survives is that, when it to milk her for every penny she's knows what will really happen? works, you forget that you're being worth, think again. Selmasongs is not for the casual listen­ manipulated. Von Trier, in a stagger­ That said, Selmasongs is not your er. If you see the movie, you may never ingly foolish display of sheer brava­ average movie soundtrack In a mere want to hear the songs again. If you're do, wants you to see the garishly col­ seven tracks, Bjork manages to capture not a Bjork fan, you probably never ored strings while he jerks you the manic, schizophrenic nature of wanted to hear them in the first place. around. He's like a magician who Selma, the woman she portrays in But it explores her broad musical range exposes the back of the box to the Dancer in the Dark, while at the same and reveals a depth of emotion never audience as she saws the woman in time showcasing her musical evolu­ before seen in any of her individual half, fully expecting the crowd to be tion over the past fifteen years and pro­ albums. Selmasongs may well be Bjork's dazzled by the magic even as the viding hints about where she will be most significant musical achievement. mechanics of the trick is being going on her next album due out (I'll revealed before your eyes. It's a believe it when I see it) in early 2001. nervy gamble, but it accomplishes lit­ (}tade: A+ Selmasongs starts out with a bit of tle save to shatter the necessary illu­ melodrama - an instrumental orchestral After seeing the movie: I let my sion of reality. Without that, all we're arrangement that later serves as the grade stand. Though I agree with left with is the heavy machinery. backdrop to the final track, "New much that Ryan says about the film, I Dancer in the Dark is an ugly, pun­ World." Bjork then does an about-face, feel that the soundtrack offers an intri­ ishing, and ultimately pointless exer­ breaking into the raucous "Cvalda," cate character study with more than cise in emotional terrorism. That so which is strewn with rhythmic factory enough substance to exist independ­ many discriminating viewers can be noise and is guaranteed to scare the crap ently. In fact, I think the music, to an moved anyway is surely a sign of the out of anyone unfamiliar with Bjork's extent, ruins what would otherwise be movie's artistic worth. Or the coming musical eccentricities. The overall a powerful movie and von Trier's of the apocalypse. sound actually harks back to her days placement of these songs within the with in the late 1980s, storyline dilutes their strength. Each (juuk: C- with her free-form, jazzy vocals layered would be better off without the other. over music that is just plain crazy. Perhaps lyric sheets should have been By far the most important song on distributed to the movie's viewers; Selmasongs is "I've Seen It All," a duet that way, the movie's opposition with Radiohead's Thorn Yorke. Bjork might walk away with something. here provides a glimpse of Selma's character in a beautiful ballad that ~ll==s==~==·=~=~====~==e=%=~==e%=t=a=e==·==2=4=®==r=to=b=e=r=2=0=o=o~l~l------ABOVE THE LAW (Dennis Westlind, whose column Above the Law normally appears in this space, has moved to Canada pending the outcome of the November elections. If Ralph Nader wins, he may return in two weeks.) Election 2000 Candidate Quote Quiz!

See if you can identify the source - by outcome, by decisions made 14. "The fundamental question is: for the following quotes! Each by legislative bodies, ideas related 'Will I be a successful president quote something that was really to proportional voting as a general when it comes to foreign policy?' said by (1) AI Gore, (2) George W. remedy, not in particular cases I will be, but until I'm the presi­ Bush, or (3) South Park's Eric where the circumstances make dent, it's going to be hard for me Cartman. (Really. We swear we did that a feasible idea ... " to verify that I think I'll be more not make these up). Can you identi­ 7. "Hey, I don't have to take that kind effective." fy who should be the next presi­ of crap from you scrawny weak­ 15. "I do need somebody to tell me dent of the United States? lings!" where Kosovo is. I know how to 8. "When it is all said and done, I will ask." 1. "Any government who ... have made more money than I 16. "Machismo Gracias." lies to the United States Congress ever dreamed I would make." 17. "We feel, and the Defense will be fired immediately." 9. "I've been a part of the discussions Department feels, that problem is 2. "I hope to show Hispanics that on the strategic reserve since the not going to be a problem. Of Republicans do have a heart, but I days when it was first estab­ course, it can't be a problem. We also want to send a message to lished." won't allow it to be a problem .... people from around the country as 10. "This is sweet! Camera crews are We're confident that it is going to to how to pick up the Hispanic setting up and I'm looking totally be solved, but we're going to be vote" ripped!" doubly, triply and quadrupally 3. "!_propose that every city have a 11 . ''I'm very familiar with the confident that it's going to be telephone number 119 - for dyslex­ importance of dairy farming in solved before September of this ics who have an emergency." Wisconsin. I've spent the night on year." 4. "If a woman try to beat me up .. .l a dairy farm here in Wisconsin. If 18. "Only in America would some­ be like, I be like, woman! Get in I'm entrusted with the presiden­ body call a woman like that the kitchen and make me some cy, you'll have someone who is 'Mom."' pie!" very familiar with what the 19. "Independent films are those 5. "I decided I just had to call Wisconsin dairy industry is all black and white hippie movies. because you've printed a picture about." It's about gay cowboys eating of the Earth upside down on the 12. "I didn't - I swear I didn't - get pudding." front page of the paper." into politics to feather my nest or 20. "Throughout most of my life, I 6. "The theories - the ideas she feather my friends' nests." raised tobacco. I want you to expressed about equality of results 13. "A zebra does not change its know that with my own hands, within legislative bodies and with spots." all of my life, I put it in the plant beds and transferred it. I've hoed it. I've dug in it. I've sprayed it, Telling a Ding from a Dong I've chopped it, I've shredded it, spiked it, put it in the barn and By Elizabeth Khalil are scheduled: stripped it and sold it." Forward Ding 21. "I don't remember debates. I If it's autumn, it must be interview­ Dear Charles: don't think we spent a lot of time ing season. For the first two months of We understand you are considering debating [Vietnam]. Maybe we school, the second-year class dolls signing up to interview with us. Two did, but I don't remember." itself up in suits and stiffly coiffed hair, words: Don't bother. Let someone else 22. "If you so much as touch Kitty's meeting representatives from law have the slot. (Whoops, guess that was ass, I'll put firecrackers in your firms across the country. They crowd eight.) nut sack, and blow your balls all into a tense, sweaty Room 200, in Thanks, over your pants!" hopes of making a love connection Nelson, Farwell and Barnes 23. "I don't need to hear crap, from a with the right firm. But firms aren't the only ones who bunch of hippie freaks living in Unfortunately, many receive Dear control the clinging process. Taking on denial!" John letters instead. For a 2L, a full the system in its own game, law stu­ 24. "Will the highways on the mailbox is never good news; it heralds dents have begun sending their own Internet become more few?" a stack of rejections, or "ding letters." rejection letters. 25. "If I'm the president, we're going Those who aren't interviewing may Reverse Ding to have emergency-room care, not know much about these letters Dear Representative of Ventnor we're going to have gag orders." beyond their superficial function. Marvin: 26. "I mean, there needs to be a Even their recipients may overlook the Thank you for sending an associate wholesale effort against racial rich variety of style and substance the to meet with me. In the course of the profiling, which is illiterate chil­ letters offer. Here, we offer an intro­ interviewing season, I meet with rep­ dren." duction to the many ding forms. resentatives from many fine firms 27. God bless those men who fight Classic Ding such as yours. Unfortunately, I am for their freedom! God bless Dear [Student]: unable to offer you the opportunity to those men! And God bless the I enjoyed meeting with you on cam­ meet with me for further interviews. Confederacy." pus. Unfortunately, our firm is unable Sincerely, 28. "If we don't succeed, we run the to invite you back for further inter­ Emily Cheltenham, 2L risk of failure." views. I wish you the best of luck this Reverse Ding with a Twist 29. "What an asshole!" summer, and in your legal career. Dear Mr. Kilkenny: 30. "How do you know if you don't Sincerely, [Interviewer] Thank you for meeting with me. I measure if you have a system There are many variations on this wish I could say it was a pleasure. But that simply suckles kids standard, which vary in their mean­ who would I be kidding? We both through?" ness: know it wasn't. The Ding of Brutal Honesty You hated me, and I hated you. Dear Christa: I would rather drink rat poison than qsng qsng Thank you for taking the time to bill one hour for your loathsome firm, · M a~.xoao ·o~ · M ailoao ·sr meet with me. In the course of inter­ let alone 3,000. Who are you kidding, qsng qsng views, I am fortunate to meet with anyway? · M ailoao '6Z · M a@aoao 'fit many outstanding candidates. Oh, yeah, and your tie was hideous. iJJ:Of) IV 'SZ llilOOIV'El Ul!UI$U!;) ~!if!I '.til l;fSUQ Unfortunately, I cannot consider you Best, qsng •M. aiaoao ·crt among them. Robin Wesson , 2L • M ;;~.xoao '9t w Maow ·n Sincerely, As you can see, what began as a qsng uew::p:1o ::Jf:J;:I ·or Reginald E. Allen, Jr. humble denial of gainful employment · M ailoao ·gz; M001V'6 ,. qsna qsng Norris, Norris and Nevis, LLP has grown into a rich form of commu­ • M ~~~boao ~ fit '"· · M :&SJoao ··g P.S. We may have openings for para­ nication. Some may call the written u:nw::p:e:) :>f.I!J '£.(; UI!Wllrn;) 3J;l!J 'l.. legals. Write or call if you are interest­ letter a dying art form, but those who •., ul!Uqrn;) :lf.l!l ·u A MO;OIV '9 ed in applying. appreciate the versatile ding letter ·· qsng "' 4\i!UOO IV ·g Recently, firms have begun to take know better. · M aShoao 'lt l}I!Wllrn;) :l:J;l!J 'fl MOOIV'Ot qsng the initiative and issue "forward Why not send a ding to a loved one Ul!UQ;U!;) I)J;l3_ "6[ ·M:~iloao : £ dings," letters sent before an interview today? qsng ~ 0 qsng takes place. Some ultra- efficient firms · M "!lboao ·sr ' Mailoa0 ''l will even send them before interviews MOO IV ".t;I MGOfV't axao IV '9t ~~Jl®o!'£'4'1ll'\f how can you

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1 877 KIDS 313 www .. youcanhelpkids.org ------~11 l\.es @estae • 24 ®ctober 2000 c%--.._ 11 II Equal Access For Students & Professors By Harry Mihas on the diversity of legal thought it may choose to call it discrimination. offers. The presence of Latino and What I want is justice. Take on a Agree or disagree, affirmative African-American professors is, for moral impetus for affirmative action. action affects us here at school and it all practical purposes, absent. Don't Justice here is compensation in the will affect us when we leave. This think for a moment that is not lost on form of opportunity for the wrongs week was very important to both the incoming students. They are smart of the past. Not just for slavery, but future and the present of affirmative and they do their homework. also for the legalized discrimination action. I don't want to worry about Minority students want faculty that this nation not only tolerated, the future. That will, in due time, they can turn to for mentoring and, but encouraged for nearly 100 years take care of itself. Let's talk about as things stand, they want professors after the Civil War. It's not enough to today. who see the effects of the law, in just say, "Let bygones be bygones, Today, the school is in a fight over much the same way they have we'll do better." To do that is sancti­ something it firmly believes in. I encountered it. I don't care what the monious and void of any serious don't think anyone can doubt the law recruiting material claims, it's not attempt at reconciliation. school's commitment to affirmative there right now. There is a price to pay for centuries action in its admissions policy. It For white students, the need for of missed opportunities. What the shows leadership in an area where it minority professors is just as great. If law school can do is take the lead by could easily allow affirmative action you want to be an effective advocate, giving opportunities to the people it to slide off the agenda. The problem be diverse. Know the conservative encounters. Do it on both sides of the is with the school's commitment to and liberal arguments behind policy. lectern, but don't just attempt it. integrating the faculty. Learn how to research the issues and Leadership is result driven. Show Is the law school trying to bring fight hard for the client. And appre­ your commitment to affirmative minority professors in? Without a ciate the backgrounds of those action with a new crop of minority doubt it is. Don't question that for an around you. There are plenty of professors. instant. Are they succeeding? In the ways to do that, but a critical one is to If this hiring doesn't happen, then real world, numbers talk, and the expose us to diverse backgrounds students who care should make their numbers say the school is failing mis­ through a diverse faculty. feelings crystal clear. To be consis­ erably. There are only 2 tenured If the school doesn't do it for the tent, you need action. Prospective African American professors. That's students, it should do it because it is students do that by choosing schools abysmal. As for tenured Latino pro­ just. Notice the word choice. It's not with a diverse faculty over Michigan. fessors? Not a single one. about fairness, it's about justice. As future alumni we should do it by Effort without results translates Fairness is arbitrary. It's subjective. keeping our donations in our pockets into a school that does a disservice to Equal opportunity for minority pro­ until we see tangible change. its students and to the people who fessors may be fair to them. But the support it. Michigan Law sells itself white professor who isn't chosen,

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Career Center I Seminars I Student Resources I Free Email ------~11 ~es ®estae • 24

By Karl Nelson

In three weeks, Americans head to discussed by Gore or Bush). I found wants the conservative vote so bad, the polls to determine who will mis­ that I agreed with him on every let him have it - but don't let him lead our nation for the next four issue. Even more amazing? He's ask for it on Democratic letterhead . years. The debates are over, and been saying the same stuff for I used to be afraid of what would now we enter the hang time when decades -- the ink in his notebook happen if my support of Nader gave the candidates struggle for the votes isn't just dry, it's archival. Bush the winning edge. Now, how­ of those who still wonder how it's ever, I would be happy to see Bush possible that Bush and Gore are the win, because maybe then Gore - best America could come up with. and the rest of the Democrats - I, fortunately, don't have to listen, would get the message that you because I decided this past July that can't go that far toward the middle I would vote for Ralph Nader. If without losing your grip on the left. you 're about to roll your eyes, stop­ I will vote for Nader principally - I've already fielded that response. because he has earned my vote, but I've heard 'em all : "Who?" "Nader?! also in the hope that the Democratic We've got to talk .. . " "You're throw­ party will someday return to its ing your vote away." "So you're vot­ ideals. ing for Bush?" It is in the face of this My Nader vote will have been cast contempt from about 90% of my after much deliberation and soul acquaintances that I have stood searching. A vote cast in fear of firm, becoming not more ashamed, what other voters might do is a but more proud of my decision. Ah, so this guy has given in to his meaningless vote. The election Here's why. youthful idealism and is voting the process is not a Prisoner's Dilemma. Over the summer, I did some issues, you say. Yes, but that's not If I vote for Nader, another party research into the candidates' stances all. I have wondered if I am just will be that much closer to gaining on the issues. ------throwing away my official recognition and federal Not just the I'm looking down the road vote or indirect] y funds. And then, maybe, the battle telegenic supporting Bush by will get interesting. I'm looking issues, but all to 2004, and I'm hoping to voting for Nader, down the road to 2004, and I'm hop­ of the issues I see a Democrat and a Green but I'm not con­ ing to see a Democrat and a Green could find. vinced by these sim­ duking it out for the vote of the Bush is simply duking it out. plistic arguments. political left, not a Democrat and the Kool-Aid I am still a loyal Republican caught in a tug of war version of the Republican platform; Democrat. I do not feel that I am for the waffling middle. he does enough damage to himself abandoning my party by voting for The saddest thing is that much of on his own, so I won't comment fur­ Nader; in fact, I feel that I am help­ America would rather see McCain ther. Gore was better, but I was dis­ ing to maintain its integrity. In his versus Bradley or Cheney versus mayed to find so many issues (abor­ effort to draw in Lieberman for tion, the death penalty, welfare as many votes as the Presidency. reform) where he and I were totally possible, Gore has The election process is not a How did we out of sync. Not just he and I, but he abandoned many end up with and what I thought the Democratic Democratic ideals. Prisoner's Dilemma. Bush versus party as a whole stood for. So did Clinton, Gore? Okay, Then I decided to check out but there was still Gore had an Nader's web site. I followed every enough for us Dems to hang onto - easy time getting the nomination link and read every quotation about I never would have labeled Clinton and the support of most of his party the issues (including some I didn't a conservative, as I label Gore. just because he was Clinton's #2. even think were issues, until I real­ Clinton walked the fence, but Gore ized that I simply hadn't heard them fell off onto the wrong side. If he Nader, Continued to page 15 II 14 c%-q 3Res (@estae • 24

TO BE OF USE

By Marge Piercy in the task, who go into the fields to harvest and work in a row and pass the bags along, The people I love best who are not parlor generals and field deserters jump into work head first but move in a common rhythm without dallying in the shallows when the food must come in or the fire be put out. and swim off with sure strokes almost out of sight. They seem to become natives of that element, The work of the world is common as mud. the black sleek heads of seals Botched, it smears the hands, crumbles to dust. bouncing like half-submerged balls. But the thing worth doing well done has a shape that satisfies, clean and evident. I love people who harness themselves, an ox to a Greek amphoras for wine or oil, heavy cart, Hopi vases that held corn, are put in museums who pull like water buffalo, with massive patience, but you know they were made to be used. who strain in the mud and the muck to move things The pitcher cries for water to carry forward, and a person for work that is real. who do what has to be done, again and again. I want to be with people who submerge ------;11 3Res ®estae • 24 ®ctober 2000 Nader, Continued from page 13 Insider, Continued from page 5 But Bush? How did he get this far? hurt her feelings, which shows And how come Republicans are they did not find her equally suddenly unified behind him when skilled. he barely beat out McCain? Then Second, because a football team again, I don't credit Republicans can only dress 46 players, it is with much integrity in the first almost impossible that they can place, so I suppose I'm not sur­ dress three kickers. Duke's punter prised. I just think it's disappointing at the time did not have the pure for everyone when the lesser-of­ leg strength to kick off. This means two-evils discussion starts way back the kicker also has to kickoff. in the primaries for each separate Obviously, the person who kicks party. off also has to run down the field, My final comment is on the viabil­ and possibly tackle the kick return­ ity of "third parties." Do I expect er if the rest of the coverage breaks Nader to win? Of course not. Do I down. Since the girl kicker expect his loss to have an impact weighed no more than 140 pounds, nonetheless? You bet I do. It has she simply was not strong enough been said that Nader is not "in this physically to cover the kicks. If race." I beg to differ. If you want to Duke does dress three kickers, that talk about serious candidates, means they can't dress one of their Nader is the most serious of them special teams players. This means all. Bush appears to be doing this one more of their starters has to for kicks, and Gore's ego just wasn't play on special teams, which may satisfied with the mere vice-presi­ hurt the starter's performance. dency. Nader's problem is that he Due to the numbers limitations, lacks a serious party. The Reform Duke had every reason to pick the party obviously doesn't know what guy kicker if he is as good as the its unifying theme is; any party that girl. would fill Perot's shoes with There is a further implication to Buchanan is obviously a rogue des­ the Duke kicker controversy. If tined for collapse, as evidenced by girls can play on guys' teams, then its bifurcation at the nominating guys who wish to play softball or convention. With Nader at the helm field hockey should be able to play (and federal funds if Nader gets on girls teams. This is a major 5%), the Green Party may, in four problem. Witness the world soft­ years, become a force to be reckoned ball championships last year: A with. And Nader can give them a team of guys not only won the viable platform. tournament, but also forced the This is far more than I had planned other team that made the finals to to say. I simply find it frustrating forfeit due to the threat to their that so many people have said they health and limbs. Due to male par­ would vote for Nader, but they're ticipation, the tournament became voting for Gore just to keep Bush a farce. Further, since men are gen­ out of office. Nader's receipt of only erally physically stronger than 5% of the vote would send a mes­ women, opening women's teams sage to the Democratic party; imag­ to men will decrease the opportu­ ine how much stronger that mes­ nities for women participation. sage would be if all those people Clearly, in the same way women's voting out of fear cast their votes for teams should not be open to men, the candidate they really support. men's teams also should not be open to women. rewarding you with relevant And now, using lexis .com fo r your research becoming even more rewardin!l.. ' " From September 3 - December 2, 2000, you could win a full thrce-vear tuition reimbursemem and more! ln fact, LEXIS ' wfU contribute over 3,000 awards toward the cost of law school students' education. Each week and each mon:h, an award winner from your school wit be chosen from valid student entries received! 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