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Res Gestae Law School History and Publications
2006 Vol. 57, No. 3, October 4, 2006 University of Michigan Law School
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Recommended Citation University of Michigan Law School, "Vol. 57, No. 3, October 4, 2006" (2006). Res Gestae. Paper 83. http://repository.law.umich.edu/res_gestae/83
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NEWSPAPER oF THE UNIVERSITYOF MicHIGAN LAwScHooL
October 4, 2006 Vol. 57 No.3
Meet the New Face of Student Affairs An Interview With Christine Gregory By Tim Harrington because the decisions we make here can shape the rest of our lives. @ ver the summer, a significant change quietly came to pass More generally, I want people to feel on the third floor of Hutchins better about their law school experience Hall. Former Dean Charlotte Johnson and more connected. To that end, I vacated her position to make way for a am researching ways to support the new Director of Student Affairs,Christine development of young lawyers. When Gregory. In order to better acquaint I was in law school here at Michigan, it the Law School community with our was very challenging. Now that I'm in the new Director of Student Affairs, the RG position I'm in, I have the opportunity decided to sit down with Ms. Gregory to make the sorts of changes that would for a little chat. have made my own law school experience that much better. RG: How does your role fit into the law school administrative structure? RG: Tell us about how you ended up back here at Michigan. Christine Gregory: My role is pretty Ms. Christine Gregory much exactly what Charlotte Johnson The New Director of Student Affairs CG: When I was a student here, Virginia was doing, so my responsibilities include Gordon was the Dean of Students and I the collegial environment at Michigan the joint degree programs, disciplinary just really wanted her job, so I went into is something that we care about and try matters, and the funding of student her office and asked her what I needed to foster. organizations, among other things. Dean to do in order to get there. (Virginia is Baum and I divide the work up between now the Assistant Dean of International I also want to create a broader definition us, and we also collaborate a fair bit. Programs.) Virginia told me to just go out of what it means to succeed in law and work for a few years at something school. In other words, there's not just RG: What plans do you have? I loved and then come back, so I went one way to do it. Success in law school to Washington, DC, and worked for the . . . . . has traditionally meant being top ten CG: 0 ne o f my mam pnont 1es IS . . Neighborhood Legal Services Program · · · · percent of your class, or gettmg a JOb at mam t ammg an d 1mprovmg· the great , for about three years. a firm at the top of the Vault list-that s social en i n ent we have in the law f' }
�.es;lilol 57,@.esta.e �o. 3 Letter To The Editor: lhi&ersiilJ of �ic4igan I'm writing in regards to a small mistake in your article "Here's the Skinny" in ]Cafo �c4ool the last issue of the RG.
Editor-in-Chief I'm thrilled to be a member of the statistically impressive class of '09. I'm flattered Nate Kurtis to have been picked out of the 369 of us by Dean Zearfoss for my accomplishments
Executive Editor: before coming to law school. I was not, however, a "forest-fighter" as your article Bria LaSalle reported. As a member of the Sawtooth Hotshot Crew for four seasons, my job title was "Hotshot Wildland Firefighter." To those in the know, or trying to impress
Managing Editor: people like the Dean of Admissions, "Hotshot" would suffice. At the very least Liz Polizzi it's "Forest Firefighter."
Contributing Editors: If the mistake is yours, no big deal. If the mistake is Dean Zearfoss's, perhaps you Patrick Bany, Anne Gordon, could let me know so I can prevent her touting the fact that the 1L class includes Tim Harrington, Jennifer Hill, a forest-fighter. Austin Rice-Stitt, Sumeera Younis Of course, it's perfectly possible that I am mistaken here. I may not be the person Dean Zearfoss was referring to. There might be someone -perhaps a former slash and-burn farmer, a onetime sales rep for Bounty, an elusive Northwest logger, Res Gestae is published biweekly during the school or an already overzealous user of free Lexis printing- who fits the description year by students of the University ofMichigan Law School. Opinions expressed in bylined articles "forest-fighter." If this is the case, then I apologize for presumptuously assuming are those of the authors and do not necessarily I was the person referred to in the article. represent theopinions of the editorial staff.Articles with contact information in italics at the end of the I look forward to many more installments of Res Gestae over the next three article or "submitted by" in the byline are opinion pieces, not factual news stories, and the opinions years. contained therein are not necessarily reflective of the opinions olthe editorial staff Articles may Sincerely, be reprinted without permission, provided that the Pete Skrief, 1L author and Res Gestae are credited and notified. Res Gestae welcomes submissions and letters to the editor. Submissions may be made via email, preferably as an MS Word attachment. Letters of the editor must be clearly and unambiguosly marked "Letter to the Editor." Res Gestae reserves the right to edit all submissions and letters to editor in the interest of space. Correction: Mailing address: Res Gestae In "Here's the Skinny" (9/19/06), the interesting prior work experience of one University of Michigan Law School of the lLs mentioned should have read: "forest firefighter" instead of the less 625 South State St. Ann Arbor, MJ 48109 environmentally friendiy "forest-fighter."
Web Site Address: http://stndents.law.umich.edu/rg
Office: 116 Legal Research Clarification:
Though the statistics regarding 2{)06 graduates were correct in "A Warm Welcome FromCaminker" Dean (9/19/06), it was not clearthat the eightclerkships Dean Caminkerreported were among graduates outs·ide the top halfof the class. A total of 48 graduates from the class of 2006 acceptedclerkships following graduation.
[email protected] ------ill �c£'1 @cshtc • @dohcr 4, 2006 U.S. Solicitor General Speaks On SCOTUS
By Bria LaSalle The second theme that characterized docket is still four cases short forDecember. ® the 2005 term is the way the term fell into Typically, the calendar is filled through n Friday, September 22, the two distinct halves. The early portion of December by this point in the pre-term Federalist Society hosted the term was characterized by several period. This may leave room for a surprise United States Solicitor General unanimous decisions, the latter marked or two in the first half of the term. Paul Clement at a lunchtime event. Before by a sharply divided Court. a standing room-only crowd of students Clement identified five important cases and faculty in 150HH, Clement offered his In the early portion, several issues to watch in the coming months. There perspective on the recent and upcoming that normally yield a 5-4 split garnered are two cases from the Eight and Ninth Supreme Court terms. unanimous rulings: abortion, campaign Circuits that question the status of partial finance,Eleventh Amendment immuni� birth abortions. Gonzales v. Carhart and As Solicitor Generat it is Clement's duty First Amendment protections. The Gonzales v. Planned Parenthood Federation to supervise and conduct government unanimous resolution of so many high of America will be argued Wednesday, litigation before the Supreme Court. His profile cases struck Clement as highly November 8. The 2000 decision in Stenberg office is involved in nearly two-thirds remarkable. v. Carhart, which found a Nebraska of the cases that come before the statute criminalizing partial-birth Court each term. abortions violated the Constitution, will no doubt, Clement observed, Following an introduction from loom "very large" in this pair of Dean Caminker, Clement began by cases. describing the two major themes that defined the October 2005 Another pair of cases worth Supreme Court. First, the changes watching will be argued in Court membership made the simultaneously and will question term highly historic. A long period the extent to which the rulings in of continuity had come to an end, Grutter and Gratz should apply and each case's oral argument to K-12 education: Meredith v. carried a sense of questioning: Jefferson Cty. Bd. OJ Ed. and Parents Which Court would ultimately Involved in Comm. Schools v. Seattle decide the case? Would it be nine Sch. Dist. No. 1. The litigants in justices? Eight? Would the parties these cases are challenging the be forced to return to reargue? policies of school districts in Seattle Clement observed that every day United States Solicitor General Paul Clement and Louisville, where individual addresses a capacity crowd in 150 HH. seemed to present, even in its tone, Photograph by Gregory Fox schools are required to have the either a new first or a grand last. same demographic make up as the "It made for an interesting term to be a The turningpoint, Clement noted, was rest of the district as a whole. The Court spectator at the Court/' he mused. March 22 and the decision in Georgia v. will consider whether the use of race in Randolph. Following several months establishing school policy is more like One of the change-inducing aspects marked by uncharacteristic uniformity, our own Law School's use of race in of the term was Sandra Day O'Connor's the 5-3 decision resulted in six opinions. admission decisions or more like that imminent departure. By the start The case concerned the problem of of the University of Michigan's former of the term, she had submitted her breaking the tie that arises when one undergraduate admissions policy. resignation pending the confirmation spouse consents to a police search and of her replacement. On her last day, the the other objects, and the numerous In Environmental Defense v. Duke Energy Court issued a 5-4 opinion in Central opinions made little attempt to conceal Corporation, the Court will consider VA Community College v. Katz. Clement their disdain for the other positions. So the standard for when environmental commented that the Court's decision to began, described Clement, the second regulations are triggered. Following a rule with O' Connor's vote was significant; half of the term and the returnto business Fourth Circuit ruling, the parties seek the the vote would likely have shifted to a as usual. Court's decision on whether the circuit different outcome if it were cast the next court decision violates the Clean Air Act. time the Court sat. Looking forward to the October 2006 Clement commented that lobbying groups term, Clement noted that the Court's CONTINUED on Page 15 �''=4==�����· · =· ��==���· cs����z�i�ac �·�c ==�@�d;n;h e; r �4�, ;2D � D�6�==:tlllr------ INTERVIEW, from Page 1 thing is, I am really bad with names, RG: You and the incoming lL class but as soon as I see someone's face, I have a lot in common, this being your neighborhoods in Washington, in jobs remember what issues they were dealing first year in a new role. What advice do at law firms. The program gave the with and what their career plans were. I you have for new lLs? participants a sense of a professional got to hear what it's like to be alL and environment, and for many of the kids, what they're going through. I saw their CG: My advice is to be patient with it was the first time they had ever crossed deep anxieties-people really came in yourself. You may be accustomed to the Anacostia River. At the same time, and just bared their souls. For example, mastering things right away, but give most of the attorneys in those firms one student told me the contracts grade yourself some time to adjust to the new didn't know anything about these young that he wouldn't even tell his girlfriend! environment and the unique challenges adults and had preconceptions about I hope that doesn't change. It was really of the law school experience. In my new the neighborhoods they came from, so a privilege to counsel students. role, I am so eager to be an expert on it benefited both sides. The job was also everything, but the reality is that if I rewarding because of the interesting try to rush the learning process I'll miss people I got to work with, like Ken Starr, something. Don't beat yourself up for who (little known fact) taught a con law taking so long to complete a reading class at a high school in Anacostia. assignment, or for not understanding civil procedure yet. Eventually, things One day I picked up an issue of Law will get better. If all else fails, come see Quad magazine and saw Charlotte me. I'll get you a tutor. Johnson was theDean of Student Affairs, so I called her up to have an "information RG: What advice can you give to 3Ls gathering interview" (which I highly contemplating their futures? recommend that students do who are still looking for employment), and we CG: I would say follow your gut. Your talked for about thirty minutes and hit it gut is always right. And I know that off. Some time later, right about the time sounds trite, but the legal profession is my husband got a new job that brought a demanding field, so you need to figure us back to Michigan, I got a call from out what's right for you and have the Charlotte, who informed me that there courage to make a change or deviate were a few positions that were open in I thinkmy role now is similar. I facilitate from the expectations that you see around the Law School. That's what brought the relationship between students and you. Many of us have to take a job that me back faculty, and in a sense I still act as a we don't necessarily want, just to pay the counselor to students. So far, my primary bills. If you're forced to make that choice, All of this is to say that I've wanted this contact with students has been in group have an exit strategy. Everyone always job for ten years and feel incredibly lucky settings. I've been meeting with each first says lawyers are risk averse, and I think to be here-and I'm never leaving! If year section, and while I enjoy getting it's true. Ironically, despite law students' you look at all the other alums who have to know students in a relaxed social tendency to be risk averse, we often returned to the Law School like David environment, it's not quite the same as box ourselves into jobs we don't want Baum, Susan Guindi, and Sara Zearfoss, one-on-one conversations. I want to keep without an exit plan. So, make sure you I think that says a lot about what makes an open-door policy for students that think about what you're doing. I've said this place so special. still want to talk about things that are this before, but think its worth repeating. troubling them. The goal is to find a way to merge your RG: How did your other employment personal values with your professional help prepare you for this job? I'm always happy to see upperclass choices. If you are able to connect these students that I have counseled as 1Ls. I areas in your life, you will enjoy a long CG: My work as a legal aid lawyer was love hearing about the great things they and satisfying career, because finding joy good preparation for this position because have planned. I remember how stressed in your work and having peace of mind I know how to handle new things. When a out they were during their first year, and are the best indicators of success. question arises, if I don't know the answer just say "I told you so," because in the off the top of my head, I just go find it. end, things work out-this is Michigan Christine's office is in 311 Hutchins Hall. Also, I view the students as my clients, Law School! The sad thing is that the She can be reached at 734-615-0019 or at which I think is the appropriate way to current class of 3Ls are the students I [email protected]. approach our relationship. first counseled, and now they're leaving. While I'm glad that they are moving on, As a counselor for Career Services, I • I'm going to miss them. really got to know the lLs. The funny �Re @ ta: • 4, 2006 ------111 s cs c ®dnher sll Catharine MacKinnon: Mainstreaming Feminism in Legal Education By Sumeera Younis Courses such as women's legal history a manner, we allow inequality to creep and feminist jurisprudence recognize into the legal curriculum, reflective of c-1 was quoting Catharine the role of women in the law and signify how gender inequality exists in society MacKinnon in papers long a changing trend in legal education. at large. The danger of this is that we are before I understood the However, the fact these courses exist teaching destructive attitudes to students co roles of gender in societ)" and suggests that mainstream legal education that are training to be lawyers. We risk eons before I would come to understand has neglected the role of women in the training lawyer that willaffirm a system of the way my sex would effect my legal law, and these courses are needed as a a gender inequality rather than challenge education. On Wednesday, September correction to the system. that system. 27, Professor MacKinnon spoke about her paper Mainstreaming Feminism in Legal MacKinnon further highlighted that "One of the most interesting issues Education. She discussed how women's there is a structural division in the MacKinnon addressed was that a feminist scholarship has been marginalized in a curriculum -between public and private perspective is missing from our doctrinal fashion other forms of scholarship have law. Women have historically been courses, that these core courses omit a not. Although women's scholarship relegated to the private sphere -the home viewpoint that considers more than half looks at issues through a gendered view, and family- while men have dominated the of the world's population," said Jennifer other subjects are also viewed through public sphere -the work force and political Carney, lL, who attended the talk. "She their particular lens. It is not biased to positions. Likewise, MacKinnon asserts certainly gave suggestions on how to teach legal education in the context of that an inherent division exists within the change the doctrinal courses, but they are women's experience, MacKinnon asserts, legal curriculum. Torts and family law not easy changes. There is a lot of work it is necessary. are considered private, whereas criminal to be done." and contract law are judged as public. Legal education has long been When we divide the curriculum in such • approached from the male standpoint. 3Ls Stepping Up to the Nannes Challenge 49 Spots Left! By Austin Rice-Stitt is up to 49 more 3Ls to pitch in this year Challenge is more than LSSS appropriates he Nannes Challenge is a and make it two years in a row. to all the student groups combined. great way to support your Through the Challenge, your favorite W student group's war chest can double. This favorite student groups and Students who don't have a favorite your favorite law school. Each of the first student group are still encouraged to means more activities, more food, and 200 3Ls who agree to donate to the law participate. You can direct any portion more fun! school for the next three years can allocate of Nannes's $250 to the Law School Fund • $250 of free money to the student group(s) or SFF, both of which greatly benefit Do it for the school! Alumni of their choice, courtesy of the generous student life. contributions are an important source contributions of alumnus John Nannes, of revenue for the Law School, and even '73. Participating 3Ls need not even match Nannes Challenge forms are small donations are an important boost to the $250 that Nannes will chip in - they available in the Reading Room and the participation rate. We've all invested can agree to give whatever they can, as online at http://www.law.umich. significantly in the Michigan name, and long as they give for each of the next three ed u/ AI u mniandDevel opmen t/ it is important, even after graduation, years. Plus, the first payment isn't due thirdyearchallenge/pledgeform.htm. to continue to support the school. Your until May '08! donation will go to the Law School Fund, Why Nannes? which provides support for the alumni Last year, the class of 2006 filled all 200 debt-management program, visiting spots and cashed in on the full $50,000. It • Do it for us! The $50,000 available CONTINUED on Page 15 to student groups through the Nannes �R.es @.esta • ®doher 4, 2006 II.6 �-- e Il-l------Environmental Law Symposium Brings Great Lakes Issues To Law School pproximately 150professionals, the real fight will be between those federalism, the public trust doctrine, faculty, and students from municipalities inside the Great Lakes international law, and policy issues as a variety of law firms, local basin and those immediately outside the applied to the Great Lakes. or ons, and University of Michigan basin, such as the towns of southeastern departments and professional schools Wisconsin. Current law gives precedence After the panel presentations, Dennis attended the Environmental Law Society's and decision-making power to entities Schornack, chair of the United States Great Lakes symposium last Friday, inside the basin, and allows non-basin Canada International Joint Commission, September 29. The Lawyer's Club Lounge entities to be excluded, even if they are gave the final keynote speech at a dinner was packed with people who carneto hear in great need of Great Lakes water and banquet at the Michigan Union.Schornack Peter Annin, author of The Great Lakes are situated within a stone's throw of the emphasized that Great Lakes issues are Wa ter Wars, present a lunchtime keynote basin boundary. extremely complex and always require speech. multifaceted solutions. The symposium, titled The Great Lakes: Annin spoke about water diversions Reflecting the Landscape of Environmental Audio from the symposium, along with from the Great Lakes and predicted Law, featured fourteen panelists from PowerPoint presentations, will soon be that the next water battleground in the ten universities, one law firm, one available on the ELS website, http :II students. United States will not be between Great environmental consulting firm, one law.umich.edu/elsl. Video of the panel Lakes states and Westernstates, as some nonprofit, and the Environmental presentations is also available. have envisaged. Instead, he believes Protection Agency. They spoke on • The Etiquette ofWrong: SpeakUp
Submitted By Jon Siegler get to do more interviews later on, and answers, to some extent it prefers them. ® might in the long run affect your material In the classroom the wrong answer is ne of my drill sergeants had circumstances positively. one that not everyone can hear or that is this saying: "If you're going to too severely prefaced and qualified to be be wrong, be loud and wrong." The drill sergeant's maxim contradicts understood quickly. Willingness to be Although he sometimes seemed to imply doctrine, commercial study guides, career loud and wrong is a duty to each other it had a wide, whole-life application, he counselors, and common sense. They and our professors. This isn't news, but most often included it in his instruction all agree that when you don't know an it's a reminder and an encouragement. about how to approach boards. Boards are answer you should admit it, maintaining competitive interviews where competing poise and expressing an intention to find A principle of loud and wrong is interviewees are judged and ordered out the answer as soon as possible. applicable to law practice as well, at least based on their command of facts and descriptively. Lawyers in their capacity · doctrine, and on the articulateness and In an education context, however, as advisors should of course be as right as poise with which they present it. the saying is true. There, individual possible and as tentative as necessary. But mistakes are supposed to benefit the litigation is fairly viewed as remaining It's natural that OCI would remind entire group, and they should not be loud while waiting to find out whether me of his advice, since the processes are quiet or easily ignored. It is also true one is also wrong. Academic and other so similar. You stand outside the door generally that an answer correct in terms reform activities present answers that waiting to knock at the scheduled time. of its content may nevertheless be made are currently wrong, but hope they Once inside, the interview usually begins wrong by a bad presentation. It may be will become louder and louder until with some recited biography, which is too quiet, too tentative, or too garbled, eventually they are wrong no longer. followed by fifteen or twenty minutes so that it is unheard, disbelieved, or of more or Jess probing questions. The misunderstood. Jon Siegler is a 3L. Comments or questions possible questions could, in theory, be regarding this column can be directed to rg@ totally prepared for, but in practice usually In this sense the application to law umich.edu . are not. Examiners and examinees wear school in particular is clear. The Socratic the same uniform. Success means you method not only allows for incorrect • ------;11 �Res ®£shr£ • ®ctohcr 4, 2006 Focus on Public Service: Taking Risks Leads to Fruitful Path By ..Jennifer Hill on the west side of Chicago. Growing all. A lot of times it takes organizing and up in the suburbs of Minnesota, I had embarrassing the perpetrators into doing Fall is the time when law students start to never really experienced anything like the right thing. It was a good lesson. Social make summer plans. For students considering the poverty on the west side of Chicago. protest can be just as powerful even in the public interest work, the process starts by It inspired me to action," she explained. U.S., where the law does function." definingareas of interest, learning about good Thatfirst job taught her that public interest public interest law organizations, making work could be fascinating, challenging, Last summer, Anne interned with the contacts, and then preparing applications and fun. "The people were dedicated, Lawyers' Committee for Civil Rights in for funding. To aid those beginning their brilliant, and really committed to their San Francisco, working on cases in their investigation of public interest options, Res community." three major program areas - race, poverty, Gestae presents several interviews with and immigration. Summer 2006 interns. Anne then got a fellowship to work in Ethiopia for a year as part of ah "I got to work on a couple of o tell the truth, it's hard to International Rescue Committee team. Professor Mark Rosenbaum's cases, imagine how Anne Gordon has She worked with refugees on the Eritrean including the Ninth Circuit case that gotten through law school. How and Sudanese borders, finding the work made it unconstitutional to criminalize can someone with such boundless energy both satisfying and frustrating. "It was homelessness. We were trying to make sit still to read for hours at a time? an amazing experience, but I decided I that decision apply in San Francisco by should come home and work to make collecting declarations from homeless That mystery may never be solved, positive change here." She returned to people about why they are homeless, but Anne is approaching life after Chicago and applied to law school. why they were not staying in a shelter. her December graduation with I wandered around parks, hung out in characteristically adventurous intentions. Anne came as a summer starter in homeless shelters, and heard stories about If all goes according to plan, she'll clerk 2004 and loved '"Camp Law School.' horrifying conditions people face every for a year in Louisville, Kentucky, then The weather was gorgeous, there was a day. I met a 94-year-old woman living on pursue work in Chicago with a civil small group of people you got to know the streets with her senior-citizen sons rights organization - but not before really well, and it was a great transition - the shelters don't offer all the services spending a few months learning Spanish for someone who hadn't been in school she needs, and they don't provide a in the Guatemalan highlands. "I want for a while." family space so her sons could stay with to see a little more of the world before her and help her. So the whole family is buckling down." Picking classes can be a challenge for on the street." someone with diverse interests. Anne's Anne's first love is civil liberties and advice is to look for interesting subjects The Lawyers' Committee was a good constitutional law. She has been the and recommended professors. "I sort of fit. "I got out and talked with people, co-chair of the student chapter of the picked my classes the way I've lived my but also did a lot of solid legal research." American Civil Liberties Union (ACLU) life - do what sounds amazing, and the The experience was like a roller coaster and currently is interningone day a week rest will sort itself out," she explained. ride, lots of ups, lots of downs. Anne with the MichiganACLU inDetroit. "Civil That approach has paid off. "I've had took it in stride. "That's what the world liberties law fascinates me because it has great classes. My favorite class probably is like," she said. "You can't let it make a profound practical effect on people's was Supreme Court Litigation - everyone you discouraged, there's just so much to lives, and it is intellectually challenging should take it." be done. If your house is really dirty, you also. The Constitution was written to be a don't just think it'll clean itself. You do progressive document. It's inspiring." Anne adopted the same approach something." when picking summer jobs. Her first Anne attributes her interest in civil summer, she participated in the Cambodia Anne's recommendation to lLs is the liberties - and in law in general - to what Development Project run by Professor same: "do something -something that she has learnedfrom talking with people Nick Rine. While in Cambodia, Anne is going to make you fascinated about at home and abroad whose experiences helped defend people against illegal your new profession." Such choices lead differ from her own. government land seizures. "The courts to personal fulfillment, but also advance are not what they should be, so we tried careers, too. "I think clerkships are "After college, I worked with a to negotiate resolutions," she explained. important, especially for public interest
community development organization "I learned that law is not the be-all, end- CONTINUED on Page 15 ------�''=8======�===�=- ·��=====�==cs= =�==cs=i=a=c==·======®=· =ct=o=h=er =4== , 2 =D= D=6 ====�''� ---- Michigan Civil Rights Initiative:
Michigan CiYil Rights Initiatiye Lecture Series October 4, 8-11 H utchh1s Han 1 00
, Affirmative Action and Higher Education Wednesday, October 4Ih 4:50-6:10PM Evan Cami_nker, Dean and Professor ofLalr\'• Michigan Law Martha Jones. Assistant Professor ofHistory and Afroamerlcan and Af'rlcan Studies, U�M; Visiting Assistant Professor, Michigan Law Richard Prim�.j'rofe�2!_of _ 1:-a·w, lvll.cb�S!l"La�v The Dyn!ll·miel of Racial Preferenet!$ :and Preference Bans Monday, October 91t1 12:20�1:20 PM Ricbard Sander, Professor of Law, UCLA School of Law Chfti) ' Za.rk.o, Director. Zarko Research & Co11sulfing, FormerDi.rect.or of Media Relations and Treasurer, MCRI The Challenge to Affirm-ati\'C Action . Tuesday, October 10 • 4:50--6:30PM Mary Bejian,Field Organizer, American Civil Liberties UnionMichigan of Vincent Eng, Deputy Director, Asiao American Justice Center Richard Len1pert, Di ision Director, National Science Foundation, Social and Economic Sciences Division and the Eric Stein Dislinguished n1 ersity Professor of Law ood SO<.:iology, Michigan Law Ricardo VUiarosa. Director of Student Life and Educational Outreach. Wayne State University Law School - Ending Affirmative Action Wednesday, October 11 4:50--6: lOPM Koger Clegg, President and General Counsel, Center for Ecf:ual Oppzyrtunity Carl Cohen Professor of.Ph1tosophy, U-M and Residential CoHege Douglas Kahn, Paul G. Kauper Professor of law, Michipn Law
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Submitted By Roger Clegg cities, too. You advertise in a wide variety correct discrimination are not just white of media, including minority-oriented males--in fact, anyone can be the victim. A ruling by the U.S. Court of Appeals media. You don't just rely on an old-boy The Center for Equal Opportunity in for the Sixth Circuit earlier this year network, but reach out to everyone. recent years has seen so-called affirmative makes it official: The Michigan Civil action programs that discriminate against Rights Initiative will be on the ballot MCRI does not ban that sort of every racial and ethnic group, and both this November. The people of Michigan affirmative action either. men and women. The latest wrinkle is will decide whether the state and state universities that decide they have "too entities (for instance, public universities) Then there is affirmative action that many" women and start discriminating should be allowed to use affirmative gives special consideration to some folks, against them. action, right? but not on the basis of race, ethnicity, or sex. For instance, perhaps an employer As America becomes increasingly Well, not exactly. The phrase makes special accommodations for the multiracial and multiethnic, it becomes "affirmative action" needs to be defined disabled. Or perhaps a college has a increasingly divisive and unworkable first. It's an ambiguous term, and the special scholarship for students who to pick winners and losers on the basis opponents of MCRI will no doubt--as are the first in their families to go to of color. Guaranteeing a predetermined they have in the past--try to use the college, or who come from impoverished amount of diversity doesn't justify term's ambiguity to hide what is really backgrounds. Or perhaps a city decides discrimination. at issue. that it wants to set aside a certain percentage of its contracting for new So what's at issue is not all There is much affirmative action that firms, or small firms, or locally-owned "affirmative action" but only a MCRI would not only allow but actually firms. particular kind of affirmative action: support and even require. whether the government ought to be Those programs are perfectly consistent able to "discriminate against, or grant When the term was first used in the with MCRI, too, because they have preferential treatment to, any individual civil rights context--in an executive order nothing to do with race, ethnicity, or sex. or group on the basis of race, sex, color, signed by President Kennedy in 1961--it People who are disabled, or who are the ethnicity, or national origin." meant taking positive steps, proactive first in their families to go to college, or measures (affirmative action, get it?) who are poor--all of them come in all That quote, by the way, is what MCRI to make sure that racial discrimination colors and both sexes. actually says. Those are the words did not occur. The idea was that the that voters will be voting on, not the employers covered had to do more than The fact of the matter is, then, that there distortions of those words by MCRI's just give lip service to nondiscrimination: is only one kind of affirmative action critics. They had to make sure that no one in that will be outlawed by the Michigan their companies was discriminated Civil Rights Initiative: treating people Roger Clegg is president of the Center fo r against, and they had to communicate differently--some better and some worse Equal Opportunity, www.ceousa.org. An that policy, and enforce it, and root out -because of their skin color, or what earlier version of this piece appeared in the the discrimination and discriminators country their ancestors came from, or Detroit Free Press. Comments may be sent that were already there. what kind of reproductive organs they to [email protected] . have. This is the kind of affirmativeaction MCRI does not ban that sort of that Harvard professor Nathan Glazer • affirmative action by the state. In fact, called "affirmative discrimination." it requires it. This kind of discrimination is not a The RG is committed to presenting Another meaning of the term good way to fight discrimination--it is a balanced portrait of hotly contested "affirmative action" is casting a wide just more discrimination. The best way issues. net--that is, recruiting far and wide, and to fightdiscrimination is by enforcing the making sure that everyone knows that he laws we already have on the books that While we solicited submissions or she is welcome to apply for a job or a make discrimination illegal. from both sides of the MCRI debate, college or a contract, regardless of race, only one response was submitted in ethnicity, or sex. You don't just recruit at Voters should bear in mind that time to be printed in this issue. suburban high schools, but in the inner frequently the victims of politically 10����4�· · · ·�-� · ==�� es= = �= es= ta= e ==·=== ®=c=t ob=er= 4=,2 00= = 6 ==�''�------;11 �£5 @£sin£ • ®doher 4, 2006 ®ctohrr 4, 2006 II Grabbing a Bite: Examining Law School Essentials
By Nate Kurtis establishment. While we ate, and watched and cheese were better than average, "House M.D.," we graded each pizza and the toppings were decent in both here are a few things which no over ten indices of goodness: dough, number and quality. A-Faz's pizza was law student can live without. sauce, and cheese quality; quantity and certainly greasy, but couldn't hold a High on that list would quality of toppings; evenness of slices; candle to NYPD in terms of grease -a go caffeine, casebooks, one's laptop truth to style; amount of grease; overall good thing. A half-hour's notice is all it computer, air, and an excuse for class effect of the pizza; and, since we are law would take for most orders, though they explaining why you weren't able to students and must distance ourselves would appreciate three hours' notice for do the reading the night before (my from the undergrad pizza-eating crowd, larger orders. Adding to the appeal of this current favorite is: I'm sorry, but my dog how well the pizza paired with a glass relatively average pizza is the fact that converted my casebook). However, as of wine (Syrah from Chateauneuf-du the management is determined to not be important as all those are -and I'll give Pape) -which went surprisingly well with undersold, and was willing to beat any you, air is rather important- there is really tomato sauce and cheese. other price for a large order. only one truly indispensable thing for a law student: pizza. One hour and four pizzas later, we Rating: 5, a perfect drunk pizza had managed to rediscover the age-old I can hear your objections already: I'd adage that no two people can agree on New York Pizza Depot die without my laptop; my case books help what should go on a pizza. Nevertheless, ($12.99 + tax): (734) 669 - 8703 me learnthe material; without caffeine I'd averaging all the scores together, all from As much a transport mechanism for never make it to class; breathing is way one to ten, did reveal a thing or two: grease as it is a pizza, NYPD's 18" Original more important than pizza; blah blah Crust was our first disappointment of the blah. But, have you really thought those Pizza House evening. Its average crust was topped positions through? Without your laptop, ($16.78 +tax): (734) 995 - 5095 with bland pizza sauce and so-so cheese you'd actually have to pay attention in A perennial Ann Arbor favorite for its that was sparingly applied. Toppings class instead of playing Spider Solitaire. formal presentation of pizza and other wise, things were little better. The quality A good outline trumps a casebook any fare, Pizza House is best known for its of the toppings, thin and undercooked, day. And who are you kidding, you Chicago Deep-Dish pizza. Though the was only offset by the fact that so few haven't been to class since you were a dough was a bit crispy on the outside were provided. Whatever the pizza 1L. Breathing is a little harder to refute; and a little undercooked in the center, lacked in toppings, it more than made but, I'd offer that since you are what you it all balanced out with some truly fine up for with grease. Indeed, the thickest eat, and all I eat is free food at student pizza sauce and cheese. The toppings, sheet of Bounty was unable to soak off a org events, then not only is pizza very while passable, were not up to the same full piece's worth. While anyone who has important to me, but I actually am one! caliber as the rest of the pizza; and it was ever had a New York-style pizza knows Specifically, I am a large, slightly cold, ultimately welcome that they were so to expect grease, this was excessive, and cheese pizza from Cottage Inn. stingy with them. As deep-dish pizzas proved too much for one of our tasters go, this one wasn't bad, and was even to even finish a piece. The brave soul Given the importance of pizza to the delivered in a friendly manner. In a pinch, looking to order a group's worth of pizza law school ecosystem, the fact that almost Pizza House could make a large order in from NYPD should call a day ahead of all the pizza we consume comes from about an hour, but would appreciate as time. Should you manage to spend more Cottage Inn is a bit surprising. It is tasty, much notice as possible; and would, of than $250.00 in pizza, you qualify for a 15 but is Cottage Inn the best we can do? course, deliver anywhere on campus. percent discount. Maybe, but we should be more certain. Thus, to help figure out if Cottage Inn Rating: a solid 7, truly enjoyable Rating: a disappointing 4, and even pizza is as good as it gets, I enlisted the without the grease it was wanting help of some friends and we set out to A-Faz's Hello Pizza taste four alternative pizzaoptions: Pizza ($8.99 + tax): (734) 741 - 7777 Anthony's Gourmet Pizza House, A-Faz's Hello Pizza, NYPD, and A relatively unknown pizza to our ($17.90 + tax): (734) 971 - 3555 Anthony's Pizza. tasting group, it was certainly the least Self proclaimed as the "best pizza in expensive pizza of the evening. The crust Ann Arbor," expectations were running We gathered at my apartment and was crispy, more like eating a baked pita high for Anthony's Traditional Deep ordered the signature pizza from each than a pizza. That said, both the sauce CONTINUED on Page 15 ------111 JRes ®esht£ • ®dohcr 4, 2006 Pining fo r Piven Reluctant Relinquishment of an Old Crush By Bria LaSalle local phone. I couldn't resist. After several School for my comfort; I could take it from days in possession of the most glorious Dean Pritchard, but on Ari Gold it makes c-: t was a sobering moment to phone number I could ever conceive of me squirm, and not in the good way. realize that my college celebrity possessing, I dialed. He answered, and crush has moved aside for somehow I summoned all the poise and This is not to say that I find his th generation of crush-worthy idiocy-fueled courage I could muster performance less than brilliant -quite candidates. It made me feel a little ...old. such that my pulse slowed from its giddy the opposite. But it feels a little empty to frenzy enough to allow me to ask, in my laugh at his frustrations over substandard In the weeks since I returned to cable, most professional AT &T voice, if Nancy office space. His short temper is now I've been attempting to catch up on was there. He politely apologized that, no, directed at battles he seems to lose several shows that slipped through my Nancy wasn't there, and I apologized in rather than those he seems to snarkily television-less fingers over the past two tum for the obvious trouble I had caused dominate. years. Most recently, I've been watching him. All the while my neighbor stood and rewatching episodes of "Entourage," mouth agape in my dorm room, unsure It's not that I have overly internalized while both melting and dying a little whether to scream or pass out. Yes, I this change; I'm not going to tum this inside with every glimpse of Jeremy spoke with Jeremy Piven. It was pretty into a referendum on the ways I seem Piven. much everything I could (realistically) to slide the slippery slope of the wrong hope for out of a conversation that arose side of 25. It's just one of those things I My,urn, interestin Jeremy Piven began from the then-present circumstances. didn't see coming, sort of like the day during my sophomore year of college. when I realized I was too old to be Miss He starred as Trevor Hale, the bartender/ It will come as no surprise that I America. Not that I would have ever gone fallen Greek god with flick-knife wit and didn't get a response when I sent him a for it, but now there's a limitation outside biceps to match in the short-lived ABC handmade card asking him to call me if of my control preventing me from doing series "Cupid." It was quite possibly he was ever in Philly. But hey,it was worth so. What's next, a real job? the most brilliant comedic writing of the a shot. last decade. My neighbor and I spent every week eagerly anticipating the next It didn't matter. Piven lived on in Bria LaSalle is the Executive Editor of episode. We downloaded promo shots my mind as the quintessential crush. The Res Gestae and is not, to her knowledge, of Piven and made them our desktop essence of youthful wit and verbose desire. the subject of any restraining orders held by wallpaper. "Piven" became our code So it was understandably disappointing Jeremy Piven. Comments on this column can word to describe all things funny and when I realized he has moved on to play be directed to [email protected]. sexy and desirable. Piven. a different character genre. He has moved on, and I have not. I was crushed when the show was • cancelled. I wrote many scathing letters Every time I watch "Entourage," I to ABC, accusing them of committing am reminded that Piven has changed television heresy with their doltish positions. Though still witty and bitingly jettisoning of the show that perfectly sarcastic, the erstwhile Trevor Hale showcased Piven's comedic stylings. He has become the reluctant daddy of the was witty, dry, and condescending in all Vincent Chase menagerie. Whilethe other the right ways. And he was apparently characters live their fantastical lives in so unaware of his rising fame that he still the booths of Mastro's and the dressing had a listed phone number. rooms of the Beverly Hills Barney's, Piven is drowning in a mid-life, mid-career, It's not that I'm proud of the following mid-marriage chaos and there's a part of events; I realize now that it was a freakish me that can barely watch. They've even intrusion on his privacy, but what can given him a bad haircut, and I just have you do? One random Coogle search for to believe that the Piven I knew and loved Piven revealed that he maintained (at the made at least a moderate brouhaha over time) a home in Evanston, Illinois, with a it. It's too close to his slick little do in Old ------' '===14=====�== ·=,.�=�== ===2R==£s==® =£=s =ta=£==·======®=c=to= h=er=4==' 2=0=0=6 ====�''r------;�lOll 10 11 12 PRESSWIRE
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I. Tool handles 6. Baseball 9. Wannabe 14. Insert 15. Tell an untruth 16. Described by Rousseau 17. Historian Shelby 18. First number 19. Supply with new personnel 20. Artless 22. Lacks sense 23. Distinctive doctrine 24. Really big 26. Fertilized cell 30. Spin out 34. Jeweler's tool 35. Concise 36. "To me" (Spanish) 3 7. Indebted to 38. Military government 39. Sign 40. "Angela's Ashes" sequel 41. Soapy minerals (C) 2002 Collegiate Presswire Features Syndicate 42. No sight http://www.cpwire.com 43. Jewish school 45. Excessively desirous 46. A long distance 12. Distinctive style 47. Anna 13. Actress Russo 48. Brusque 21. Put to good _ Answers may be found on page 13. 51. Branch of social science 25. Constellation Major 57. Heart part 26. Polish currency 58. Monday (Abbrv.) 27. Australian bay 59. Programming language 28. who 60. We ighed down 29. Wife of Saturn 61. Charged atom 30. Peasant girl 62. West Indian island 31. Asian herb Congratulations 63. Gymnast Mcintosh 32. lmprove 64. All without specification 33. Chicago weather Professor Seinfeld! 65. Opposite of started 35. Rabbit fe ver 38. Coffee 39. Mexican exclamation At 11:04 a.m OR Saturday, 41 . Famous jeweler September 30, the Seinteld 42. Type of light roll family welcomed its I. High fidelity (Abbrv. ) 44. Equipped with handle newest member 2. Later 45. Son of a 3. Beat 47. and Cher (male, but yet to be named). 4. Little Man 48. CA Zip 95632 5. Igneous rock 49. Lion's cry 6. Flower action 50. Pakistani language Please join Res Gestae in 7. Indigenous people of Japan 52. _skin cap congratulating Professor 8. Undershirts 53. Mournfulcry 9. Point of orbit 54. Footnote abbreviation Seinfeld and his family. 10. Portended 55. Bird shelter 11. Lower layer of Earth's crust 56. Coasted ------111 JR.es @£s ill£ • (1£h:tnh£r 4, 2DD6 CLEMENT, from Page 3 NANNES, from Page 5 PIZZA, from Page 12
on both sides of the environmental debate lecturers, and the legal practice program, Dish. Things certainly started well, even will watch this issue closely. The oral among other things. the delivery guy was a cut above the arguments will be heard on November others, and seemed genuinely excited to • 1. Another environmental case warrants Do it because sharing is good! Even be bringing us "the best pizza around." attention, Clement advises. A case from the if you're poor now, most of you won't be Opening the box revealed a thick, D.C. Circuit court, Massachusetts v. EPA, is for long. The suggested donation is $50 traditional deep-dish pizza that had to based on a challenge to the government's in May 2008, $75 the year after that, and be eaten with a fork. The crust, while a bit refusal to regulate greenhouse gases. The a final payment of $100 in three years, for thin, was delicious, and was covered in case raises a standing issue as well as a total of $225. A year from now, around a zesty but not overpowering sauce and administrative law concerns. 75% of the 3Ls will be making $225 two layers of cheese. A generous helping everyday before lunch. You don't have to of tasty toppings and a minimum amount Lastly, a case from the Oregon Supreme pay anything until May '08, when you've of grease rounded out what was, without Court will ask the Court to consider already been out of school for a full year. a doubt, the best pizza of the evening. whether an appellate court's determination For most of you, not having a lot of money And, as if the pizza alone wasn't enough, that a defendant's conduct was egregious now is no excuse for not participating in it even paired well with the wine! Since enough to be considered analogous to a the Challenge. we haven't tasted every pizza in Ann crime can allow the court to override the Arbor, we can't speak to their claim. What constitutional requirement that punitive So 3Ls, let's step up to the Nannes we do know is that Anthony's is the best damages be reasonably related to the Challenge and fill up the remaining pizza in Ann Arbor that we've tried. plaintiff's harm. Philip Morris USA v. 49 spots. Your pledge will provide Williams will be argued on October 31. immediate funding to law school groups Rating: an Unexpected 9! with money not yours! Your first payment During a brief question-and-answer isn't due untilMay '08, and you can pledge session, a student asked if it felt different whatever amount you feel comfortable to argue cases before the Court with with. Get your hands on a pledge form So, does this mean that the Law School Roberts presiding as Chief Justice. in the Reading Room or online, and should switch to Anthony's pizza? While Clement described Roberts as a "more help make this year's Nannes Challenge I would certainly enjoy that, it might not active questioner ...he gets straight to the another success. be the best choke from a fiscal point of doctrinal points." He was careful to note, • view. At almost twice the price per pizza however, that Rehnquist had a presence as Cottage Inn, Anthony's pizza may have of command in the courtroom that to remain a rare treat for this law student. FRUITFUL, from Page 7 allowed him to say little but with great No, it seems that the invisible hand of effect. Another audience member asked students. It gives you credibility and pizza economics has settled on Cottage for Clement's opinion on whether Justice makes you stand out in a competitive Inn as best balancing price and taste for Kennedy will play a similar role to Justice field," she said. "But judges have to be the· pizza-consuming student law groups. O'Connor, as a pivotal swing vote. While able to distinguish you from all the other That said, after eating all this pizza lately, acknowledging that Kennedy is capable of smart people applying. Take a few risks! I wouldn't mind some Big 10 Burritos, or playing such a role - after all, he has been It could pay off." some Jimmy John's Sandwiches. Anyone the fifth vote for several years on many interested in such lunch options is invited issues - Clement reminded the questioner Following her curiosity and engaging to take this reporter with them when that Kennedy's jurisprudence tends to with the world around her has paid off for they go. seek a decisive rule where O'Connor Anne. If it is true, as Benjamin Franklin favored a case-specific approach. said, that "energy and persistence conquer I'd offer to pay, but my dog also all things," even greater success is yet to converted my wallet. The Federalist Society was pleased with come. the event's turnoutand greatly appreciates Professor Joan Larsen's assistance in Nate Kurtis is a 2L and the Editor-in bringing the Solicitor General to the Law fen Hill is a 3L.Questions about this article Chief of Res Gestae. Questions, Comments, School. can be sent to [email protected]. and better excuses may be sent to nkurtis@ umich.edu. No other warranties expressed • or implied. Comments or questions regarding this article may be sent to [email protected] . • • JR.es (tE;.esta .e • ®dober 4, 2DD6 II
emalsa ENTERTAINMENT, MEDIA AND ARTS BLSA LAW STUDENTS ASSOCIATION will host the Date Auction on November 2, 2006.
MySpace and Yo ur Facebook: Please save the date. Is Poking a To rt and Other Social
Networking Dilemmas For questions or concerns conta.ctAeran or Tanya at [email protected] or with [email protected]. Dean Zearfoss (Moderator) Prof. Herzog Prof. John Rothchild (Wayne State U.) Donica Thomas Va rner (Office ofVP & General Counsel) MSU We dnesday, October I I th ticket ISO Hutchins Hall needed
Lunch will be served beginning at 12: 15pm Questions? Contact Brad Yi @ [email protected]
BAR Semester Study Abroad Information Meeting
NIGHT with Virginia Gordan Assistant Dean for International Affairs Thu rsd ay
October 19, 2006 Thursday, October 5, 2006 Conor O'Neills 12:15 - 1:10 p.m. 7- 9pm Room 120 Hutchins Hall