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Res Gestae Law School History and Publications

2002 Vol. 52, No. 7, January 29, 2002 University of Michigan Law School

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Recommended Citation University of Michigan Law School, "Vol. 52, No. 7, January 29, 2002" (2002). Res Gestae. Paper 150. http://repository.law.umich.edu/res_gestae/150

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]. STUDENT NEWSPAPER OF In a similar vein, Anthony E. Cook, in THE UNIVERSITY OF MICHIGAN "Beyond Critical Legal Studies: TIJe Recon­ es LAw ScHOOL structive Theology of Dr. Martin Luther King, Jr.", 103 Harv. L. Rev. 985 (1990), links King's ideas of freedom and equality to various progressive legal movements, and suggests that we should keep inquiring ~estae "how that alternative community [the "Beloved Community" of which King spoke and which he tried to build in 29 January 2002 Vol. 52 No.7 America] will better protect African­ Americans and others from the subjuga­ tion of racism, bigotry, sexism, and grave inequalities of wealth and power," Id. at 1044. Cook also notes King's quote, ''K's and M LK'': "[j]udicial decrees may not change the heart, but they can restrain the heartless," I d. at 1035, citing King's The Etl1ical De­ Martin Luther King mands for Integration (1963). The latter consideration, about restrain­ ing those bullies and exploiters who need restraining, is apposi te to the idea some and Contract Law folk have that the unconscionability doc­ by David Boyle trine for contracts should be scrapped. What on earth is the connection be­ country, the "promissory note" has hardly However, anyone so insane as to urge the tween the two topics mentioned above? been paid. destruction of the unconscionability doc­ There are too many connections to men­ As for contract law per se, articles such trine simply cannot be taken seriously. tion, but with the recent MLK holiday, a as Black D. Morant, "The Teachings of Dr. Even Eric Posner, who one might presume discussion of at least some of them is war­ Martin Luther King, Jr. and Contract have been turned into an intellectual zom­ ranted. Theory: An Intriguing Comparison", 50 bie by virtue of his parentage (dad Dick First, if we consider the Constitution as Ala. L. Rev. 63 (1998), remind us that the P.), still has enough sense to uphold pres­ our most basic written social contract, great teacher and moral leader's ideas can ervation of the unconscionability doctrine, King was certainly one of its foremost crit­ be broadened to speak to many areas be­ See Eric A. Posner, "Contract Law in the ics (of its uglier parts, e.g., considering sides civil rights protest marches. Morant Welfare State: A Defense of the Unconscio­ slaves as 3/ 5 of a person) and exponents admits, "At first glance, the speeches and nability Doctrine, Usury Laws, and Re­ (of its nobler parts). King often spoke of writings of Dr. Martin Luther King, Jr. lated Limitations On The Freedom to Con­ the Constitution's unfulfilled promises to appear inapposite to or, at some cognitive tract", 24 J. Legal Stud. 283 (1995): "The African Americans and others, as in his "I level, irrelevant to the traditional law of provision of welfare in a free market pro­ Have a Dream" speech: "When the archi­ contract," Id. at 64. However, Morant then duces perverse incentives to take credit tects of our republic wrote the magnificent lays out his intriguing comparison. risks, which both drive up the cost of the words of the Constitution and the Decla­ "King's humanistic desire for universal­ welfare system and undermine its goal of ration of Independence, they were sign­ ity, hope and love, interpreted within the poverty reduction .. . restrictive contract ing a promissory note to which every contextual realities of pejorative human doctrines are appropriate means for de­ American was to fall heir. This note was behavior, such as prejudices, discrimina­ terring this social! y cost! y behavior," I d. a promise that all men would be guaran­ tion, and bias, illustrates a theoretical at 285. teed the inalienable rights of life, liberty, weakness of contract law. ... The prob­ Or, approaching unconscionability from and the pursuit of happiness .... It is ob­ lems of bias, prejudice, and reduced acu­ a literary angle, as Atticus Finch notes to vious today that America has defaulted men due to circumstance, all of which his son Jem in To Kill a Mockingbird, "As on' this promissory note insofar as her ci ti­ prompted Dr. King and many others to you grow older, you'll see white men cheat zens of color are concerned. Instead of champion the courses of the disenfran­ black men every day of your life, but let honoring this sacred obligation, America chised, can allegorical! y reveal fallacies me tell you something and don't you for­ has given the Negro people a bad check within the bargaining context. More criti­ get it-whenever a white man does that which has come back marked 'insufficient cally, these problems expose the inability to a black man, no matter who he is, how funds."' Even without events as violent of contract rules, and the decision makers rich he is, or how fine a family he comes as the 1998 death by dragging of African­ who interpret and apply those rules, to from, that white man is trash." I think the American James Byrd Jr. in Jasper, Texas, correct those fallacies. This reality of bar- "Atticus Finch principle" justifies keeping we should still be full y aware that for vari­ ?aif1it"'lttl\'lo:t§I'!tf7,rsl\~te t~r: the unconscionability doctrine and van- ous historically oppressed groups in this illu~~

... it will stand, in the end by the side of that cradle in which its infancy was rocked; it will stretch forth its arm with whatever of vigor it may still retain over the friends who gather round it; and it will fall at last, if fall it must, amidst the proudest monuments of its own glory, and on the very spot of its origin. l\.es <19 estae 29jfanuarp 2002 II to the letter can prevent jurors from act­ ing like, well, ordinary unfair people. The Case for Good luck. I am not knocking proce­ dural rules. The fact that rape victims no longer can be accused of wearing too short a skirt is surely an advance. Don't rely Tribunals only on procedure, however. It certainly by Harry Mihas doesn't prevent a juror from imagining what the victim's skirt length might have I am amazed that so many people are cern is not with giving alleged terrorists a been. Or if the juror is racist, giving the horrified by President Bush's intention to fair trial, since the outcome is, if not al­ victim's skirt length the benefit of the try foreigners accused of terrorism by mili­ ready known, at least highly predictable. doubt because the accused rapist happens tary tribunals rather than civilian courts. The concern is that military tribunals short to be black. In theory, even Osama Bin Laden deserves circuit the American procedural justice Procedure is a two-edged sword. As justice on the full American plan, if he system. This fondness for procedure has much as it might set a guilty person free, survives long enough to get it. Honestly, a serious, although unappealing, premise, it may also send innocent people to prison the only thing worse than military justice which is that we can't trust juries to hear on the earliest bus. For all the praise pro- might be justice by the cedure receives, the all-too­ people. real fact is that the system is Do any of those who ob­ unfair to minorities, poor ject to military tribunals be­ The idea that Bin Lad in or any people, and other disfavored lieve that Bin Laden and groups. other al-Qaida or Taliban As disfavored minorities leaders would or should be of his associates can expect go, fanatical foreign Muslim acquitted? That's an un­ mass murderers are pretty likely scenario. Bin Laden high on the list. The idea that would lose before a military a fair, open-minded trial from Bin Ladin or any of his as­ tribunal, a civilian jury, or a sociates can expect a fair, board meeting of the ACLU. open-minded trial from any In real terms, the discussion any American institution is du­ 'American institution is du­ is about Bin Laden's right to bious at best. In fact, a mili- get his death sentence in an tary tribunal may even be American courtroom from bious at best. more fair than a group of an American jury, and not in "average" citizens. A mili­ a military courtroom from a tary tribunal decision will be military judge (or judges). The debate handed down by blue-rib- proves that, at least concerning terrorist hours of testimony and render a fair ver­ bon judges, maybe even federal judges, higher-ups, all the grand rhetoric about dict. We feel that jurors are prejudiced, Supreme Court justices, or well-respected not giving in to mob rule and mass hyste­ gullible saps, easily misled by a slick de­ figures like George Mitchell. The Sixth ria is a bit hollow. fense attorney or prosecutor. Procedural Amendment to the Constitution, on the Moreover, in their opposition to mili­ rules are intended to make sure that ju­ other hand, ensures that any civilian trial tary tribunals, civil libertarians seem to ries see or hear only the evidence they can will be decided by 12 ordinary Americans. have forgotten that they aren't that wild be trusted to assess correctly. Which would you choose if you were about civilian justice either. Their general As lawyers, we are all hung up over the defendant? Even trials for members complaint is that guilty verdicts are all­ procedure. It's our professional fetish. of ai-Qaida will have to make some real too-predictable, even when the defendant That's why we go to school. That's how distinctions and judgments about both isn't Osama Bin Laden. Eyewitness testi­ we'll earn our money, relying on this eso­ what the accused individuals did and how mony, crime lab data and line-up proce­ teric knowledge to keep clients coming they should be punished. A civilian jury dures are unreliable, although that's not back. (Unless, of course, we decide to en­ is certain to give us an answer to these the full extent of their suspicion of the ter a field like trusts and estates, which is questions. Whether it is the right one, sim­ American justice system. Other criticisms so arcane and procedure-based that not ply because it was produced by a jury, is of civilian justice are that jurors are too even the lawyers know what's going on not guaranteed. trusting of prosecutors; elected judges sometimes.) We have shelves of rules bow to political pressure, and that juries about which types of evidence the jury are swayed by all the wrong facts. can't see and what adjectives a prosecu­ The redeeming quality of the American tor may use to describe a witness. By do­ criminal justice system isn't the results, it ing so, we maintain faith in a system that is the procedure. At the bottom, the con- says making fair rules and following them 29 jfanuarp 2002 5 II l\.es ®estae 11 What the hell is the matter with Cali­ Mark Cuban has the best li fe of anyone fornians? We understand that the answer presently walking this planet. Stop attack­ The Rant would require a lifetime of research, but inghim. we have to ask. Haven't we all seen more By the way - Dave Anziska, we love you Brought to you by A. Garret than enough Californians on CNN at their - you are our old-school, throwback Hughes and the Digital little coffee shops with their little Bijon­ friend. They don't make them like you Friezee rat -dogs, drinking their little mo­ anymore. But you have to lose the Mark Can we answer the critics of the BCS cha frappaccinos, and telling the world Cuban/ Robert Smith hairstyle. You look and tell them that all is right in college why John Walker is being treated too se­ like the guy who didn't quite get to be football? No, but what we can do is point verely? He's just a misguided youth. He was Horshack on Welcome Back Kotter. out that college football season is over, and just searching for religious truths. Nothing Enough, be­ college basketball season is in mid-swing. he did really harmed anyone. Shut up and fore it is too As we gaze at the bracket on the wall in please go away. FAR AWAY. At least get late. our bracket lounge, off our TV (which is Have you we remember what is the Digital's sole re­ ever li ved good and right about spite in life). The bas­ with a college sports: tard is lucky that we Michigan March Madness. In can't afford to juice State fan? a March Madness him because of the How about type setup, Oregon energy crisis. one named would surely have Enough. J a k e ? gotten their shot. But And seriously, MSU' s basketball team finally sucks! This enough about that. while on the topic, is makes our roommate Jake very unruly. We have decided to there a group of The culmination was last week's loss to make a return visit to people (outside of re­ the mighty Hawkeyes of Iowa. But let's the vaunted bind­ ligious fanatics, of go a little farther back in time. MSU was ings of the Res Ges­ course) more miser­ too late against Wisconsin, but it almost tae to afflict the able than Oakland didn't matter. Ten days ago, down 1 with afflictors, and rant Raiders fans? A 0.2 seconds left, they inbounded to for the rantless. Dis­ bunch of 40-year old Anagonye or Ballinger or one of their ranted? Un- guys living out a pre­ other thugs, who leisure! y caught the ball, rantable? Who the hell knows what we're teen, Dungeons & Dragons fantasy. Imag­ took a deep breath, prepared some dqing. ine being the brother of that moron in the rigatoni di casa for that fathead Izzo, and What does it mean to be a true Ameri­ stands with the skull and the spikes on layed the ball in. All without the clock can? Does it mean that we are faithful to the shoulder-pads- you know who we're moving. MSU wins. OHHHH, but un­ our country or does it mean that we join talking about. Hey, how 's Earl doing? like college football, they can replay the enemy forces and kill our own people Good, you know, job's good, Susan's fine. video in such situations ...... Badgers through both terrorist acts and use of ma­ Hey, he still got tickets to the games? Yeah, Win! F people who can't count, and F chine guns? When you think of a true wait- that's him on the screen with the schools involved in this sort of BS three American, do you think of people like black and white face times in the last four Hulk Hogan, Neil Armstrong, John paint biting the head off months. Enough. Wayne, Abe Lincoln, and John Walker? If a stuffed Seahawk... Se­ Finally - Enron. you asked Mr. Walker's dad, he might riously. STOP IT! Stop the jokes, give you that answer. John Walker's fa­ Speaking of being Michigan Law profes­ ther said Thursday morning on CNN that stuffed, GOD BLESS sors A through Z! No his son loved America, and that he was MARK CUBAN. The more jokes about it! No trying to get back to America while he was man just wants to feed More! It's not funny, part of AI Queda. What? Is this guy seri­ the people (with Taco and at this point it's also ous? My boy yooper Bob had to switch Bell and Dairy Queen not witty, which we from CNN to Jerry Springer to hear from Blizzards). We like Taco know is your sole reason people who weren't certifiably insane. I Bell and we love Dairy for telling jokes in the would have loved to seen Sam Kinnison Queen Blizzards® too. That may be why first place. Enron is bankrupt, and so is interviewing Walker's father, Back to we tip the scales at over 5 bills combined. your ability to make us laugh. Enough. School style. Maybe we can make some Anyone who berates the man (officials, sense of this if we look to the Walker sportswriters, commissioners, etc.) is just famil ys surrounding community. not willing to admit what we all know. ,, 3Res (@estae 29 jJ anuarp 2002 Who Killed Buddy Clinton? by Harry Mihas really unintentionally allow him to "bolt" clerk's office in heavily Democratic through the "front door" chasing a "con­ Chappaqua tell reporters that the penalty Last week, former President Clinton's tractor"? Who were these handlers? Why for violating this regulation only applies dog, Buddy, was struck by a car and killed. haven' t such key eyewitnesses been sub­ if a dog is picked up by a dog catcher? The Clintons, saying it was an accident, poenaed by the Republican controlled 8. Celebrity dog trainer Bash Dibra has reassured the 17 -year-old high school stu­ House of Representatives? now come forward to say that he strictly dent who hit Buddy with her car. Most 4. Who is this shadowy "contractor" advised Clinton to always use a leash with media sources have treated the death as a and why was he in such a hurry to leave? Buddy outside the home. Why was this simple accident - Buddy ran off the What was he installing at the Clintons' celebrity advice ignored? Clintons' property and was running along residence, which had been fully remod­ 9. A former Clinton aide, now a shad­ a highway when he was killed. I, how­ eled several years ago? Isn't it strange that owy "communications consultant," dis­ ever, don't believe this simplistic view. I'm he would leave the gate open, when any closed that when Clinton was in office­ supposed to believe that Buddy died by "con tractor" perhaps at the accident? That's just too simple an expla­ worth his tool very height of the nation for the latest Clinton casualty. belt knows that impeachment What do we really know about Buddy's an open gate scandal-Buddy death? Who stood to benefit? Consider the plus a dog would "pad on following: As many as nine strange, and equals a law­ down to the base­ unexplained facts remain. Keep an open suit? ment of the West mind and consider the possibilities of 5. Buddy is Wing, poking his what a former President who misses the said to have nose into the spotlight could do to get public support "scampered" wastebaskets out­ and sympathy back on his side.: fully "600 feet side Sidney down the Blumenthal's of­ THE NINE SUSPICIOUS road," and then fice." Yes, that FACTS ABOUT BUDDY'S another 100 feet Sidney DEATH on heavily trav­ Blumenthal, the eled Route 117 partisan 1. With all the high-tech security avail­ before he was conspiratorialist able to an ex-president on the Chappaqua hit. Have you who is so often at property, Clinton apparently somehow ever "scam­ the center of failed to install the one essential safety pered" 600 feet, Clintonian machi­ feature, an invisible fence. This system the length of nations-the would have given Buddy a small shock two football same Sidney as he neared the property line, warning fields? Blumenthal who him not to cross it. Unless, of course, it 6. The 17- had seemingly had been turned off or was never installed at year-old "high school senior" who alleg­ eerily anticipated last week's deadly event all! edly ran over Buddy has been described by writing a play about a scandal involv­ 2. We're told that on the day of Buddy's in the press as a "pretty brunette"­ ing the president's dog. Why Blumenthal's mysterious, violent end, neither Mr. or hmmmmm, that's the same description trash, and no one else's? What did the Mrs. Clinton was at home. Is this really a applied to a former White House intern doomed Labradorfind there? Had Buddy coincidence? Would the former first named Monica Lewinsky. What, if any, smelled too much? couple pay $1.7 million for a suburban was her connection with the ex-president? Connectthe dots. It doesn't add up. No headquarters and then just happen to not Or to Monica? other conclusion seems even possible. be at home when their dog is killed? On 7. It is illegal in Chappaqua to allow a Perhaps some subpoenas would help the other hand, if you wanted to do away dog to run outside your property without shake loose the real story. But who in with your dog, you'd want no finger­ a leash unless the dog is "under the Congress will step forward to do what is prints. Wouldn't you arrange to be out of owner's voice or visual control." Was necessary? town that day? Buddy actually being controlled? If not, 3. Would the trained ex-presidential who decided, at what level, to break the personnel entrusted with Buddy's care law? Why did an employee of the town ------~~~=~==es==®=e=st=a=e=====2=9~~~a=nu=a~zy=2=00=2======~~~~~~~==~7~11 experiences a moment of perfect happi­ When your favorite ness, he will lose his soul and revert back to the blood-sucking, havoc-wreaking, leather-pants-wearing vampire he once was. Go evil!) So now, he's going to get shows suck into a relationship with someone else. Bril­ by Hannah Mufson This season, Buffy herself was brought liant. I see world destruction in the mak­ back from the dead. Fine. For the sec­ ing. So, since I'm writing for this paper, it's ond time. This strains the credibility of While the possibility of Angel losing his obvious I'm a law student. As far as I can the show slightly, but no problem. Us soul again is interesting, the rest of the tell, one of the absolute, unwaivable re­ rabid obsessive fans will deal. However, show isn't. The villain of the season, a 200- quirement for entry into any elite law the rest of the developments for the sea­ some-odd year old resurrected vampire school is some form of obsessive-compul­ son have been equally stressful on the hater / hunter, seems doomed to lurk sive disorder. Therefore, by being at credulity of most fans. Characters have around in the shadows, sneering, deliver­ Michigan Law, I'm more than slightly ob­ begun acting out of character. True char­ ing portentous and inscrutable comments, sessive. acter development has been scrapped in and reimagining himself as Tyler Durden Every law student has different obses­ favor of "messages" like "drugs are bad." in the lye scene in Fight Club. Every time sions. Some follow sports with fanatical Most interesting characters, among them he appears on screen, I leave the room. intensity, to the point of spending hun­ a geeky trio that owes more than a little Angel's child with his sometime-lover, dreds of dollars on special team jerseys. to the X-Files, and a vampire who can't Darla, seems to be the only baby in the Some knit sweaters overnight. Some just bite people anymore, have either not ap­ entire universe, either real or imagined, study, every second of every day. Since peared enough or been completely emas­ whose parents and I or caretakers, have no I'm in my third year, and the only sport culated. baby-carrying device. After several epi­ I've ever been interested in is track (Damn! Spoilers for upcoming episodes offer sodes of Angel carrying the baby around Dicj. you see Kennedy's two-mile? He just no respite. Buffy seems to be exploring in one hand like a ticking bomb, I cringe sucked!), and it's not exactly riveting, es­ the multiple personality side of her na­ every time I see his sweet little face. No­ pecially the distance racing, my obsession ture, by turns submissive and violent. body seems to have any spoilers for An­ has always been television. Willow, a witch since the beginning, has gel, in part, I think, oecause no one cares A very dear, but very evil friend of mine, renounced magic in an overly dramatic anymore. as many of you already know, introduced Alcoholics Anonymous way - one spell So what do I do? Recently, I've reverted me to Buffy the Vampire Slayer last Febru­ could cause her downfall. The geek trio to my nerdier antecedents and started ary. That, along with its sister spin-off, -mysteriously missing. Even Willow's watching Enterprise, the UPN' s new incar­ Angel, kept me occupied for most of last girlfriend, Tara, commendably put in to nation of the Star Trek franchise, set before year, along with occasional episodes of reach out to the gay and lesbian audience, the Kirk-commanded version took to the Dark Angel (no relation), Dawson's Creek, has dumped Willow and disappeared, stars. Enterprise, with Scott Bakula play­ and Charmed. Then, this fall, FX began bad dressing and all. ing the captain of the almost-weaponless, airing, in order, all of the Buffy episodes, I could even deal with the bad writing pretty-much-prototype vessel, is wittily starting from Season One. I was a happy and pathetic character development, if written, amusingly developed, and well obsessive law student. the show hadn't degenerated to a soft­ designed. I'm getting back to my geek Unfortunately for the health of my ob­ porn action movie format. Watch Buffy roots on Wednesday nights at 8 pm. I'm session, I have watched all of the reruns. have sex! Watch Buffy throw her boy­ even, as a result, thinking of installing I have purchased the first season on DVD. friend against the wall! Watch Buffy kick Linux (34% geekier than Windows!). I have seen the genius that was Seasons several kinds of shit out of him! Blech. Come to think of it, since all of my pre­ One through Three. There is nothing left Angel, while initially being sucky, then vious entertainment has degenerated for me in the Buffy universe. improving dramatically and unexpect­ (please - adding Rose McGowan to You, as an informed person, might ask edly, and then descending to the abyss of Charmed to replace Shannen Doherty does why this is so. Wasn't there, you ask, an suckiness again, is not helping my obses­ not make the show better), reinstalling extremely ugly fight between the WB, sion. The writers' decision to hook An­ Windows and learning C++ is starting to which aired Buffy, and Fox, which distrib­ gel up with his long-time detective look more attractive. After all, that might uted it, which resulted in Buffy fleeing to agency partner and friend Cordelia is cute be useful in my future, and, hey, I've got the UPN? Aren't there new episodes, if but puzzling. Angel left Sunnydale (to to have something to obsess about. not every week, at least fairly regularly? start his spin-off) because he couldn't of­ What about Angel? Or Dark Angel? Or fer Buffy a normal relationship and Charmed? What's wrong with them? couldn't let himself love her because of Well, my friends, I'll tell you. They all his stupid (I think) Gypsy curse. (For suck. I am a sad obsessive law student. those of you not in the know, if Angel ever continue until one team makes a shot, and the other team misses. Finally, there is no THE INSIDER touch-up icing in international play. Ic­ by Yingtao Ho ing will be whistled as soon as the puck is iced, and the defensive team will not have Olympic Hockey: to touch the puck. Real tournament Looking at the six teams that received byes into the second round, Team Sweden Beginning on February 8'h, and lasting fans are used to. That 15 feet makes all and Team Finland are probably a cut be­ the duration of the sixteen-day Olympic the difference in the world. Instead of low the others. Team Sweden has a very Games, the greatest hockey players in the forechecking, most teams will play a neu­ good goalie in Tommy Salo, four extraor­ world will converge on Salt Lake City and tral zone trap. They will place five play­ dinary forwards: Mats Sundin, Magnus put on a tremendous display of hockey. ers in the neutral zone, and hope to create Arvedson, Daniel Alfredsson and Markus Not everyone, however, is enthusiastic odd man rushes by forcing turnovers. Naslund, and the best defenseman in the about this event. Among the upper brass Due to the relative absence of NHL in Niklas Lidstrom. The rest of of NHL there is strong resistance to allow­ forechecking, the intensity of physical con­ Sweden's roster, however, is filled by jour­ ing NHL players to miss regular season tact will drop substantially. Once the of­ neymen NHL players and Swedish Elite games in order to participate in the Olym­ fensive team does enter the offensive zone, League players. If the Swedes had the pics. The strength of this opposition is the defensive team will be more reluctant great Peter Forsberg, they may have a sufficient to threa ten the participation of to force turnovers through physical play chance in pulling an upset or two in the NHL players in future Olympic years. tournament, but much to their misfortune, Fans, cherish this year's contest, since it the Swedes will be without the services may be the last time in a very long time of Peter the Great. Finland, on the other that the best players in the world will par­ hand, probably has better defensive depth ticipate in a tournament other than the than Sweden, including Edmonton Oilers Stanley Cup Playoffs. defenseman Janne Niinimaa, but they Fourteen teams participate in the tour­ have very little depth up front. With the nament, with six teams receiving byes to exception of Sami Kapanen and Teemu the second round. Canada, Sweden and Selanne (whp, by the way, has been a tre­ the Czech Republic are automatically mendous disappointment in his first full placed into pool A, while the United season playing for the San Jose Sharks), States, Finland and Russia are automati­ Finland does not have another player ca­ cally placed in pool B. The remaining because they are forced to cover more ice. pable of playing on the top two lines of a eight teams will play in two groups of four On the positive side, because of the rela­ NHLteam. teams each, and the winners of each group tive absence of physical play, the game When one considers the big four teams will receive a spot in the second round. will feature more displays of individual - the United States, Canada, Russia and While only the first round of the Olympic skill and combination passing than the the Czech Republic-it becomes very clear tournament takes place before the NHL NHLgame. that all four teams overflow with offen­ shuts down its regular season, star play­ Second, there is no fighting in interna­ sive skill. To find razor thin differences ers such as Peter Bondra, Ziggy Palffy and tional play. Any player who drops the between these four teams, one has to look Miroslav Satan will be released from their gloves is assessed a match penalty, rather deeper. The games between these super­ NHL obligations to play at least one game than the five minute major as he would powers will come down to three things: during the Olympics. The preliminary face in the NHL. In the game, the viewer Goaltending, the willingness to play good round thereby offers an excellent oppor­ will see many more cheap shots with the defense, and team speed. Consider each tunity to evaluate the talent gap between stick, because the fear of repercussion is of the four superpowers: the NHL and the elite European Leagues, not there. Team Canada: Without question, team where most of the second tier nations' Third, once the tournament goes into Canada is the deepest team in the tourna­ players come from. After the second single elimination mode, if a game is tied ment. Canada can probably field two round of pool play, eight teams will re­ after regulation play the teams will play a teams capable of medalling in the tourna­ ceive spots in quarterfinal games. The ten-minute sudden-death overtime pe­ ment. The team is lacking, however, in tournament then goes into single elimina­ riod. If the overtime period ends without each of the three critical areas it needs to tion mode until the winner is determined. a score, the game then goes into a win. With the great Patrick Roy skipping Fans will note that there are four major shootout: Each team will send five shoot­ the tournament, Canada's goaltending rule differences between Olympic hockey ers for a breakaway shot, and the team that will consist of Ed Belfour, and Martin and the NHL. First, the ice surface is 100 makes the most goals out of five wins. If Broduer, both of whom have under per­ feet wide, rather than the 85 feet that NHL the game is still tied, the shootout will formed this year, and the very over-rated ------4~~~=~==es==®=e=st=a=e==~=2=9=~=a~nua~cy=2=00=2====~==~d=~==~==~~9=llll Curtis Joseph. None of these goalies ap- greatest player in the history of 7USA tioning and his tendency7 to wander from pear capable of stealing a game. While hockey. his net at the worst possible times. In a the team is loaded with good defensive Team Russia: As good as Dominik penalty shootout, there is no bigger fac­ players, led by Michael Peca among the Hasek is, Nikolai Khabibulin may be the tor in the tournament than Hasek. With forwards and the incomparable Chris best goalie in the world right now. He Hasek, a good group of finesse Pranger on defense, team Canada is full leads the NHL in save percentage, and is defensemen, and several defense-minded of prototypical North American players single handedly leading the Tampa Bay forwards, Team Czech Republic is the best who play defense defensive team in the through their physical tournament. Offensively, presence. In the interna- however, this team will tiona! game, physical That 15 feet makes all the dif- struggle. Withtheexcep- play will lead to players tion of Milan Hejduk, being caught out of posi- Patrik Elias, and Petr tionandexcellentscoring terence in the world. Instead Sykora, this team lacks chances. It is virtually in- overall team speed. Fur- conceivable that Team ther, even the aforemen- Canada can adjust its of forechecking, most teams tionedplayersarehaving style of play in a two- down years in the NHL. week tournament. With While Jaromir Jagr is a the exception of Paul will play a neutral zone trap skatinghumanhighlight Ka!iya, the team is filled ' film, he can only do so by playmakers rather much by himself. Unless than speedy players. On Hasek stands on his head, paper, Team Canada appears to be the ste- Lighting to respectability. Unlike the this team will not advance beyond the reotypical North American Team: A team North American teams, Team Russia is semifinals. Of the big four, the Czech Re­ full of talent, but not suited for the inter- used to playing in the international style, public is also the team most likely to lose national sized rink. Player to watch: and is loaded with finesse players who in the quarterfinals. Players to watch: Mario Lemieux. Watch the best player in play defense through positioning, rather Jaromir Jagr and Dominic Hasek - who the world perform on the biggest stage of than physical play. However, in a game else? them all for the very last time. against a North American team, Russia Team U.S.A.: Like team Canada, Team has the physical defensemen like Boris Predictions: U.S.A. is relatively weak in goaltending. Mironov, Darius Kasparaitis and Vladimir Preliminary round winners: Mike Richter will assume the majority of Malakhov to mix it up physically. Team Switzerland, Slovakia goaltending duties. While Richter is an Russia is also by far the fastest team in the Semifinals: excellent goalie, he has a tendency to let tournament. Led by the Bure brothers, United States over Canada in soft goals from time to time, and is as (and with the exception of Igor Larionov) Russia over Czech Republic over-rated on this side as Curtis Joseph is every Russian forward is a far above av­ Final: north of the Border. Like Team Canada, erage skater. Four years ago, Team Rus­ Russia over United States Team U.S.A will have a tough time adjust- sia reached the final game with a far less ing to the different style of defensive play talented roster. This team is ideally suited Olympic Women's Hockey: that the international game demands. for the international game, and is very Fake tournament Unlike Team Canada, Team U.S.A does capableofwinningitall. Playerstowatch: have two defenseman in Brian Rafalski Alexei Kovalev and Sergei Gonchar. There Apparently, at the same time the great­ and former Boston College standout Brian is a very good argument that Kovalev, est spectacle on earth is occurring, eight Leetch, who rely on the finesse game, and with his speed, shot, and hockey sense, is women's teams will play in a tournament should adjust well to the international the best player in the world. This tourna­ of their own. Given the lack of speed and style of play. Compared to Team Canada, ment represents Kovalev' s chance to show skill in the women's game, these games Team U.S.A. has much better team speed how great of a player he is. So far this will not be worth watching unless the par­ with players like Mike Modano, Tony year, Gonchar has been the best offensive ticipants either dress like figure skaters, Amonte and Chris Drury. With a few defensemen in the NHL. It will be inter­ or if they drop their gloves and start cat­ good bounces and the home crowd, this esting to see how he measures up with fighting. Then again, maybe the games team has a chance to make a run in the players like Nicklas Lidstrom and Chris will look better after a certain number of tournament that will captivate a nation. Pranger under the bright lights of the beers, just like the participants them­ Player to watch: Mike Modano. Modano Olympics. selves ... is a genuine great player and a tremen- Team Czech Republic: Mostpeoplewill dous all around talent. This may be the tell you that Dominik Hasek is the best tournament that affirms Modano as the goalie in the world, despite his poor posi- ACROSS

1. Before the storm 5. "She'll be there __ 3 p.m." 7. Seven year __ 10. Lassie 12. Opposite of Yes 13. There are seven 15. Begone! (Imperative verb) 16. Mentally exhausted 19. State next to California 20. Without people 21 . A ballerina dances here 22.Madman 24. Wily 25. Long ago times 26. Hair color 31 . Rose ___ 35. The highest point 36. Spain and Portugal 38. To neaten 39. The conscience 41 . Carmen, e.g. 43.Baha 46. Obliquely 47. Tibetan priest 51. Unwholesome DOWN 23. Malt beverage 53. "In the same book" 26. Hotel parent company 55. A clam 1. Piece of garlic 27. "Learn it to" 56. Overly showy 2. False name 28. Roman Goddess of plenty 57. A tide 3. Opera singer Jerry 29. A degree 58. Present indicative of he 4. Change from one stage to another 30. Pass this and get $200 60. Prods 5. Actinon chemical symbol 31. Female 61 . A major star 6. One not living on campus 32. Rage 62. Hair style 7. Managing Editorof"Sports Night" 33. Young swine 63. Eye ailment 8. Sea bird 34. Portuguese saint 9. Percentages of Irish farm crops 37. To occupy a space 10. Whining speech 39. A stamp 11. Nabisco cookie 40. Where ashes lie 14. Whirl 42. A NY lake 17. States of being free 43. Military supplies 18. Elongated fish 44. A people of Northern Thailand 20. One puts this on first 45. Sicker 46. Island in the New Indies r------~ 47. A 30's dance I 48. A traditional saying I the RG says: "Eat 3 to 5 servings of : 49. Allot 50. Singing brothers I vegtables each day 1 52. Priestly garments I I 54. After shave brand ~------~ 59. Thus ------~~~=~==es==~=es=t=ae======2=9~Ja=n=~~zy~2~00~2~====~~~·=~~~~l~ldll Moderately Priced Restaurants in Ann Arbor Russell Krauter the same class as Chi Chi's), It can't be seriously doubted that Ann but it would be better to Arbor is a wealthy town. As such there is spend your money else­ an amazing number of restaurants cater­ where. pepperjack fajitas, overpriced Budweiser ing to those who are willing to pay ten to and reproductions of vintage advertising. twenty dollars for a meal. I don't always Seva Restaurant D'Amato's is fast becoming my favorite have the wealth to fall into this category, 314 East Liberty restaurant in Ann Arbor despite the price. but I have had relatives visit often enough 662-1111 The decor is dark and woody with some­ to gain a good familiarity with many of thing of a New York feel. The food is also them. Unfortunately, these restaurants' The first thing that should be said about consistently excellent. Especially good is quality is not always in line with their Seva is that it is a vegetarian restaurant. the canelloni in cream, butter, and tomato price. Very often, it seems that the restau­ This alone can be off-putting to many who sauce, and the grilled lamb. Some other rant will not meet the expectations set by think that a meal without meat is not a amazing notables are the baked brie with its high price. As a result, I chose to re­ meal. Seva is an interesting type of veg­ a fruit and nut glaze and the awe-inspir­ view several restaurants in the moderate etarian restaurant, though. Unlike many, ing crab cake. Personally, I would avoid price category which vary wildly in qual­ it has a full bar. The food is also extremely ordering appetizers as the entree portions ity. hearty in the style of seventies vegetarian, are large, without being grotesque. There before the diet was taken up by those who is also an extensive selection of wine by Prickly Pear Southwest wanted to become more healthy. For in­ the glass. The downsides are certainly the Cafe stance, many items are just loaded with price, which is above those appearing 328 South Main fat, from the spinach enchiladas to the above and the bad parking situation in the 930-0047 granola and fruit desert. Some items also area. I would highly recommend going seem to come with completely irrational on your next special occasion. It could The best adjective to describe Prickly side items like ravioli accompanied by an very well be one of the best spots in Ann Pair is cramped. When you first enter, you ear of corn and a bunch of grapes. The Arbor. are crammed in a tiny space next to a wall only real downside, apart from getting and, usually, a table of people trying to people to agree to go there to eat with you, Blue Nile of Ann Arbor enjoy their food. During summer there is are the extremely uncomfortable seats. 221 East Washington some outside seating, but for the majority The booths seem to have been modeled 998-4746 of the year that you are likely to be in on church pews. However, reservations town, seating is limited. The restaurant are typically not necessary. Blue Nile delivers standard and ad­ also seems to be popular, compounding equate Ethiopian food. This means pri­ the crowding problem. Unfortunately the D'Amato's Neighborhood marily lentils, greens and such in strong food is simply not good enough to justify Restaurant curries eaten with a spongy bread instead the wait. I realize I can't expect authentic 102 South First of utensils. They offer meat, but the veg­ Mexican cuisine in most of the United 623-7400 etarian plate is more reasonably priced States, but Prickly Pear's version is even and is certainly satisfying. All in all, Blue more heavy on the fat and low on inter­ D' Amato's name is somewhat mislead­ Nile is not special nor is it disappointing. esting flavor than many. The menu is ing. Many of its menu items are not pre­ It is a good place to go if you've never had fairly predictable and so is the taste. Like cisely Italian, bearing more of a resem­ Ethiopian, but I would predict that you many Main Street staples, Prickly Pear blance to modern American fare. It is also wouldn't become a regular. On the plus seems to depend more on location than far from what I think of when I hear side, the iced tea is interesting. It's entirely uniqueness of their dishes. All of this isn't "neighborhood restaurant," which usu­ sugar-free but quite sweet. to say that it is a bad restaurant (i.e., in ally conjures images of ten dollar WESTLAW REWARDS. Earn merchandise - and win prizes- as you find the law on Westlaw.

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