vol_13_no_11 by Michigan Review

r" · .r -? {· · ~~/

...

--'.-~

-.-

':'~:

,-'::'; .~

THE MICHIGAN REVIEW Volume 13 Number 11

March 1. 1995

The Campus Affairs Journal of the University of Michigan

Questions Surround Baker Case T BY ANTHONY WEN

HE INTERNET IS AN INTEgral part of the lives of many students, not only here at the University of Michigan, but across the country and the world. Many commonly view the Internet as an unregulated bastion offree speech and openness. Yet recently, the U-M BUSpended Literature, Science, and the Arts (LSA) sophomore Jake Baker in COIUle<.:1ion with his Internet story depicting the rape, torture, and murder of a female, along with other electronic mail me88ages. Later, federal authorities anested Baker in response to these claims. The case has taken many twists and turns over the past few weeks. It began in early January when a 16 )'e8l'-Old MOICOw girlreacl the poated story and complained to her father, whp re,p orted it to a U-M alumn~.

should begin within a month, with Federal Judge Avern Cohn presiding. The story and e-mail records retrieved from Baker's ITO computer acrount were the FBrs and the U-M's main motivation in the decision to arrest and suspend him. The University suspended Baker after the discovery that the story was posted on the "alt. sex. stories" Usenet news group on the Internet and after DPS found "threatening" e-mail messages that Baker sent to Arthur Gronda, an Ontario man. The female to whom Baker refers is the victim. in the story, and her name is also in the story's title. As repoted in the Michigan Daily, Vilma Baker, Jake Baker's mother, said, "Her last n~is a sexual pun, and that is why [J ] used. her name. Shakespeare would.have loved ,it." .' . In the e-mail correspondence between Baker and Gronda, the two m~n exchange plans ofto~, rape,

' =~~~=S l contacted Baker on January 20; he subsequently waived his Miranda rights and admitted to writing the story. University President James Duderstadt suspended Baker on February 2 under Regental Bylaw 2.01, which gives the president the power to enforce "the main~ ofhealth, diligence, and order among the students." Several days later, on February 9, the FBI arrested Baker, based on a complaint filed by Special Agent Greg Stetskal, charging him with "knowingly transmitting a threat to iI\jure the person of another in interstate and foreign commerce. "·A grand jury indicted Baker on February 15 on these charges. Baker, whom U.S. Magistrate Judge Thomas A Carlson described as a "threat to society," currently is being held without bond in a Milan federal prison. He has pleaded not guilty to the charge; the trial

Quietly Flows tbeDean

Have the vuhures In the Aeming Building gnawed the carcass of liberty to the bone?

and murder. Baker wrote, "I have come upon an excellent method to abduct a bitch ... " They even plan to meet at some point, with Baker say-

ing with another man on where and how to carry out an assault contributed to the charges against Baker. The FBI did not take action until after the discovery of the e-mail messages. In fact, it appears that the University investigated the case on its own accord before notifying the FBI. The University has disclosed that it had both the story and the e-mail messages at the time of suspension. The FBrs charges are based on the story and e-mail, yet it did not arrest Baker for a full week after the suspension. Several aspects of this case are controversial. Many, inbis defense, have cited Bakers right in free ~ Baker has the right to write fictional stories under the First Amendment. regardless of the subj~ involved. It ' is yet to be determined whether the

Jamei Duderetadt: Is he watching you? ing, "I aut't wait to see you in person."

.... .IIlsidetheWelch Hearings Carlson mentioned that correspond-

took place during the hearing. Many readers by now should be familiar with the basic facts of this HE STATEMENT OF STUdent Rights and Responsibilicase, which was thrown out of civil court prior to the Code hearing. ties, also known as the Code, Yaakov Lavie, a research fellow, acha~ been highly controversial from the moment the University ofMichicused Welch, a doctoral candidate, of gan administration implemented it assault and harassment. After much controversy and a lengthy open heartwo years ago. Whether the focus is on the lack of student input in its impleing, she was found guilty, her punishment consisting of a letter of reprimentation, its seemingly never-ending "interim" status, or, most of all, . mand (which, interestingly, she has the very validity ofits existence, the yet to receive). Few people, however, Code never fails to arouse the ire of know what actually went on during the nine--hour hearing, and what oclegal experts and virtually all those who love liberty. curred should prove to be of great interest. But what happens when the Code itselfis bent and twisted while a case "The hearing was biased in just about every way you cap. imagine," is being tried under it? Recently, Melanie Welch, the defendant in one Welch stated when asked if there was anything during the hearing itself of the most publicized cases in the that she felt was unfair. First of all, history of the Code, had a chance, in an interview, to tell her side of what cases to be tried under the Code are

BY GENE

KRASS

From Suite One

An Orwellian nightmare come true: Newspeak infects the Code.

Instead of prosecuting Jake Baker, the U-M is persecuting him.

»,,._,_,_~,,,. ,,,,

...

_.~,,,,.,

,,,.,,", ,,~

ElectriC Snapple Acid Test

...n,

. ___ ' .""' _ __

~ _. '

_ _ "''' ... ,....'''''' _.__ _ ,..",_ __

_ _ _..

." "~~~,,, .,.._ ,

See BAKER, page 8

bound by a six-month statute oflimitations. Welch had no contact with Lavie for well over six months before the hearing, yet the hearing panel voted to simply disregard the sixmonth statute of limitations. "It's not going to do any good to amend the Code in any way, shape, or fonn when you've got people at hearings just making up rules as they go along," observed Welch. The fact that the Code unconstitutionally puts people at risk of double jeopardy is not unique to Welch's case. The reason that the Lavie vs. Welch case was thrown out of civil court, however, is the fact that the Department of Public Safety (DPS) falsified some of its reports. These reports, though, were considered legitimate evidence during the Code hearing See WELCH HEARINGS, page 8

Interview: David Friedman

The prominent economist and political thinker discusses liberty, rights, and his career.

"l'I_~, .~~~iIi,"",,

, lO Issue Immigration

Forum:

Given the existence of the welfare state in America, is free and open immigration financially possible?

_ _" " _ " " ' ' ' ' '_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' ' ' ' _

THE MICHIGAN REVIEW

March 1, 1995

o SERPENT'S TOOTi.!

TilL [\11( 'HI( JAN RLVILW The Campus Affairs Journal of the University of Michigan "There is no government like no government.·

It's a big month for American literary cl.a.saics: O.J. Simpson's I Want to Tell You and Tlu Priva.te Diary of Lyle Menendez bit bookstnres. Well, maybe not classics, but releasing a book the same month 8B Robert James Waller's latest sham, Border Town, makes even O.J. look like William Faulkner. '!he Residence Hall Association (RHA) held a teach-in last month to help people understand and deal with the Grape Boyoott. The first session was entitled, "Weening Yourself: Surviving Without Mad Dog 20/20 Wine."

The Christian Coalition has warned the GOP that it will not support a ticket with any pro-choire candidates in the 1996 presidential election. All the more reason to dig up a pro-ehoire Republican. Rep. Barney Frank (D-Mass.) stated last week that too much time, energy, and money are spent enforcing marijuana law8. He went on to say that . " V"~',

,.l"~,~ ,i~' : : " "' tll ,' ~' } ,.>~

Americans should be allowed to "beat themselves up a little bit" if they so choose. Fellow Massachusetts Senator Edward Kennedy agreed with F:rank's oomments, saying he planned to engage himself in a full ten rounds later that evening. Speaking of Congressmen Frank, Rep. Dick Armey (R-Texas) is being criticized for calling the homosexual Congressman "Bamey Fag." Armey maintains the insult was a "meaningless slip." In a related story, Clinton called Newt Gingrich, "Newt I talk too much and drink too much GIN but I'm RICH." Clinton called the statement a "meaningless slip." TNT had TV giant Geraldo Rivel1\ host the jury movie Twelve Angry Men as part of an O.J. inspired special presentatioJl.,Rivera said he liked the movie, but added that he belie1'ed a presentatio~ of Twelve Horny Men would have drawn bigger ratings.

,;".,'.

In recent months, Newt Gingrich has reoommended the film Boys Town for insights into the welfare system and Field of Dreams for insights into the baseball strike. In a related and lesser known item, Gingrich was named vire president of promotions for Blockbuster Video last week. Former presidents Gerald Ford and George Bush joined President Clinton last week for a charity golfmatch. It was dubbed the "Battle of the OneTermers". Washington D.C.'s fallen and resurrected mayor Marion Barry announced that the city's money situation is so grim that it will run out of funds before the next payday for city employees. Crack doesn't come cheap, does it Mr. Mayor? Have a message for the U-M administrators? Send it to bigbrother @umich.edu. Or just make it really raunchy -' theyn be sure to get it.

THE MICHIGAN REVIEWS

Top Seven Reasons to Subscribe· to the Review

TOP TEN LIST The Michigan Review presents the Top Ten things you can't remember after spring break:

7. The Review will provide you with stimulation without the

hangover, aftertaste, or repeated trips to the bathroom.

10. Hislhername.

6. We ac~pt no university money or any of the Dude's advice. 5. The Review will not expound on the values of virtue over vice, nor will it tolerate alcohol-free beer. 4. It's portable, flexible and welcomes leaks.

3. Student-run, tax-deductible, and supporter of greedy capitalist bourgeois (especially those who send us money) like you. 2. Printed on pesticide-laden, bleached paper from old growth forests, and it tastes great with California grapes!

HII)/I#"

It» ~ ~

aHtl "" 1995 ~ ~ ~ to:

Name:--------------------------------------Address:---------------------------------City: State:--- Zip: Send check or money order payable to:

THE MICHIGAN REVIEW 911 N. University, Suite One, Ann Arbor, Ml 48109-1265 • " ."

.. . ' _, •

~I. "'.

lIP

. ..... ..

"' f• .v «

.. ," '. e ...: ., ...... r.

,. .' H

, ~ /. .

.......

,. ~ ~

..... . .

S. Your major.

7. Who's this guy who keeps calling me "roomie" and how did he get a key to my apartment? 6. What time is Saved by the Bell on these days? 5. What is this large brown building called "Alice Lloyd" that my parents dropped me off at? When are they ooming back? 4. Your vow to start doing Buns of Steel in time for swimming weather.

1. The establishment no longer welcomes us.

PIea4. 4A¥fI1. HUf ~ It» $:/.5 M

9. Where in the hell thatblasted "Diag" thing is.

, ',h

.' . . . t

3. You know it involved e-mail and the FBI, but you have no idea why your roommate is no longer in school. 2. What to do with your books.

1. You left wearing pants, but dammit, where are those things now? .. ~

'. ( •

EDITOR-IN-CHIEF: .MmeI A. RobtIta, II PUBLISHER: Eric l.IrIon MANAGING EDITOR: Gleg ParlI8r FEATURES EDITOR: DNn BlkDpoulol MUSIC EDITOR: Dmr PefIn ASSISTANT EDITORS: Gene KrIH, Mohan KrtIhnan illUSTRATOR: Brian O'K....

PHOTOGRAPHER: u.. Wagner

STAFF: Bill Ahren., Geotr Brown, Jeff Gordon, Benjamin Kepple, Jennifer Unker, Brian Marcus, Ryan Posly, Rodeen Rahbar, Meghan RoekIe, Ken SIeroma, Josh Tumer, MIkie Wing, Anthony Wen, Mark West EDITOR-A T-lARGE: Nate Jamison EDITOR EMERITA: Tracy Robinson PUBUSHER EMERITUS: Aaron St8eIman

The AfcI1/gM Review Is an ildependent. bi-weektj stucielt run joumall1 classlcalllberalllllillertarian opinion allhe UWenIy 11 Mchigan. We nellher sdicII oor ~ rronetaIy donatione from the UnNersly 11 MicNgan, and have no respect lor anyone IhaI does. CoItrIlUIions to the I.fcIIigMI Review are tax-Oeduc1able under Sectk)n 501 (c)(3) of the Internal Revenue Code. We have no respect lor the IRS or any other government agency, nor for Congressmen who think that Fourth Amendment viola· tions are legillmale • they are based upon "good falh: whatever that is. The Review is not affilated wbh any poIlcal paItj 9f UiWersly pollical gr~. ned e<hltIaIs repmem1he optlIon ttlM'edlorial board. Ergo, they are Ufleq\iliocabtf cooect and)u&t. You neeGl' ~ to dispr~e the logic !hal went lito their formaIlon, for you cannot. S9Jed articles and cartoons represent the opinions of the auIhor and not necessarly those of the RevIew. The opIniorls preI8IlIed In this _ calion 11'8 net necessarIy those 11 the ~ or 11 the UnNelSly 11 MIchigan. We welcome le1Iers and articles and encourage comments abW the jooolaI.

Please address d subscripion InquiIes tl: Publisher, rio the Mchigan Review. All advertising inquiries should be directed to: Publisher rio the I.fchigan Review.

EcIaorIII And BUIIneM omc.: SuaeOne

111 N. University Avenue AM Arbor,III 481ot-1265 EMAIL: MREV@umich.edu Tel. (313) 812-1. Fu (313) 13&-2505 ___ ~.'''''''The~''''''''1IIc. AI~

Free al1.d Unfree Watch the police and the taxnran miss me - I'm mobilel

The Who That's one for you, nineteen for me - cause I'm the taxman.

The Beatles

THE MICHIGAN REVIEW

March 1, 1995

\" ....

o QUIETLY FLows THE DEAN The Caroass of Liberty BY

DEAN BAKOPOULOS

RANKLY, I'M A LITTLE scared. The other day I watched the Department of Public Safety (DPS) haul off a student in the Alice Lloyd cafeteria after he criticized the lack ofCap'n Crunch in the cereal selection. Outside Mason Hall, an unidentified student was dragged from her history discussion section beeauae of her views on the Constitutional Convention. At the Fishbowl, the DPS arrived to whisk away a freehman biology major for telling a dirty joke via the Internet. And somewhere on North Campus, a lone engineering student could be heard howling from the woods, as the DPS inter.rogated him about the content of hiI dream from the previous night. Perllapa these oocummces only took place in the warped dimensions of my own mind, but in light of campus and national trend. I have reo cently witneeled, I can't fully cOnvince myeelftbat the afOrementioned instancu were purely imaginary. '!bere is a Code (Statement of Student Rights and Responsibilities) in place at the U-M. A Code that seems to willh to be in place not to protect students' rights, but to hinder them. A Code that wrurpe federal and state powers only to inflict its own version of"due proceee" and ':justice" on Code violatora. One can be tried for any Code violations within 30 miles of Ann Arbor. One can be tried by a nonstudent for 8888ult. One can be tried without proper lei1U representation. Glaringly clear is the fact that the Code is a direct con1n.diction of the Constitution of the United States of America, not to mention lmneceesary; most of the Code simply outlaws actions that are already prohibited by the state and federal government. What good is a Code anyway if the adm.iniatra.tion faila to use it when it seems proper? Iftliere have been any casel for which a Code might have shed some light on a campus controversy, the recent Jake Baker .fiasco would have been the one. Jake Baker is probably the most famous student at the U-M this month, after posting his sexual fantasies on the Internet. One of the stories spoke of violence towards a character named after a student at this university. There is a significant conflict going on in my own mind regarding this instance. I acknowledge that Baker does have his Firat AmendDean Balopoulotl i8 a IIOphomore in E7YJwh and featUre8 editor of the

Review.

ment right to write or say anything he that wishes to deny free speech to this stuff, go ahead." wishes, but I think if one looks at this hate groups and pornographers. One But what happens if such measituation by thinking, "What if he may think of these issues in the same sures of intolerance and rights denial wrote about me, (or ' are established in America? my sister, or my ~ Slowly but surely, more conduct girlfriend) in this "codes" will be inflicted: "You manner?" one's out- .~ must go to a church once a week; look might change. you must never drink more than Regardless, what is • • three beers in public; you must certain and scary U B L lC not write satires on American about the case is the lifestyles; you must not swear in way in which "due public." There is definitely an process" was implealarming trend here, a trend that mented. Instead of would seem. horrific to those men considering the who drafted the Bill of Rights. Code as a method 1he trend is the ability ofinstiof dealing with tutions of power, be it the uniBaker's behavior, versity administration or the the administration state, to control the actions of planned to haul the people through force and Baker into a closed intolerance. hearing. Instead, . It is imperative that we the feds whisked ;; protect our civil liberties and him away just . promote tolerance now. inoi'der houri before the to preserve our freedoms in the c " , hearing. way I used to: "Hey, fm straight, future. A good place for the iltUdents 'the Baker case is only a glimpse don't use drugs, and think abortion is of the Universi1;y to start would be to of the problem here at the UniVersity. wrong. I certainly don't advocate hate join forces and insist that the adminThe main problem is the very existgroups, and pornography is just not istration abolish the Code, settling enc:e of the Code, whose looming presmy thing. So if they want to outlaw for·nothing less. M\ ". ence is like a vulture circling ove:r the . rotting carcass Of our d.vi11iberties. If the University of Michigan can tum its administration into a ':justice system" with more power than the Constitution and the federal government, how far away are the days when rn be sitting in front of my word processor and suddenly get hauled away for writing a bitter column or a nasty Serpent Tooth? 1he Code seems mild to some, who think that they will never do anything "bad" enough to WaITallt a Code hearing. Under the code, however, one may face expulsion for getting into a fistfight with a fellow stu· dent miles away from campus. One can get arrested for a misdemeanor like public dnmkenness and be found not guilty by the civil courts, but under the Code he could face universi~ imposed sanctions. One could be tried on a verbal assault charge under the Code, a "bearing" in which the accused may not allow an attorney to argue on his behalf during the hearing. If the Code indicates anything, it UMTm QUANTITlES· NO RAlNCHECI<S • N STOCK ITEMS or.&.V· NO COMBINED DISCOUNT1NG OR DISCOUNTS demonstrates that the powers-thatNO AOOIl1ONAL DISCOUNT ON RED SAlE STICKER£[) ITEMS· SAlE DATES ~ 1 1·~ THRU ~ 18-~ • NO DISCOUNTS ON ST\JDEN1' OR ACADEMIC SOFTWARE be are getting a little too powerful at the University of Michigan. MaIn Bookstore: 549 East University 1he Code is an indicator of the Art aElectronics: threats to individual freedom that 1117 South University are running rampant in this country, Ann Arbor, MI481 04 threats made by those on both the 313-662·3201 right and the left. The new movement Mon - Prl 9:00 - 6:00 on the right that denounces homoSat 9:30 - 8:00 . MORE THAN ,ABOOKSTORE . s",,, . l,~;po - .4:99 · . sexuality,drugs, and ab9rtion.is .as much of a th:reat as the cme 'Ori theleft

_ _~''·'''' ''''''''''_"'''''''''"',.·,,..,...·""""·""'.~ ""'· ,,.,.·~,,_ I>_·w~ ,_

"''' '' '''''~ ''M.'.'"l'''''~''W''''~''''·''l'il'_YW'''_.

SAFETY

61YEARS

_ ~<I"'-"''''''':'''·,'N''''__N'··k\'''MO> ''_~ '"""" _;.,,' "~~_ ~._ __ _ _ _...._ _ __ _ _ __ _ ...._ ...._ _ __ _ _...._ ..

March 1,1995

THE MICHIGAN REVIEW

o FROM SUITE ONE U-M Persecutes Bak~r

~~llJT~l-,( NO,! 'T~ ~X'~T') '(t~:::: : : : :: : t:r

AVING RECEIVED NATIONAL ATrENTION, THE JAKE BAKER situation is perll.aps tl1e most prominent event to occur at the University ofMicb.igan for some time. Many have dedared the resulting legal case to be one of precedence, for it may determine how much. power government is to have over the Internet computer networking system. This, indeed, is quite likely the situation. This ordeal involving Baker is important for another reason as well, a more provincial reason. Given the actions of the U-M in response to Baker's electronic mail - primarily those of University President James Duderstadt this case also may decide how much authority the U-M administration legitimately may exercise over the student body. Concerning this case, the UM acted in an illegitimate manner by enacting a suspension. The abhorrence of Baker's s1nries notwithstanding, the U-M violated Baker's rights to free speech. and due process under the law. When considering the Baker case, one must recall the proper function of a university. Quite simply, a university serves to educate its students, and to provide a free and open forum in which. students may pursue an education through discussion and other means. Especially in regard to a public institution, such. as the U-M, a university should avoid regulation over the lives and behavior ofits students, for such action may hinder the freedom necessary for · a truly higher education. By choosing to SUBpend Baker, the U-M, through the decision ofDuderstadt, acted in a manner that regulated the behavior of a particular ,student. Furthermore, this suspension, as the state of Michigan chapter ofth.e American Civil Liberties Union (ACLU) maintains, violated Baldifs right to free spee.cb. under the First Amendment of the United States' Constitution. Duderstadt made the decision to suspend Bakerpart.lyinresponsetethecontentofBaker's e-mail stories and messages. 'Ibis not only oensored the content of Bakers work - however ~e that cOntent m ay be~ it served. to possibly produce a "'chjJljng effect" regarding use ofth.e Internet. That is, Duderstadt's decision to suspend Baker inadvertently may dissuade otherS from posting work on &-mail for fear that they too may face sanctions. Given the neceesity of a free intellectual environment at a university, it is reasonable to conclude that the U-M violated not only the First Amendment, but also its very purpose as an institution of higher learning. '!he civil liberties violations that SUlTOund the Baker case are merely the latest of these types of violations regarding the U-M administration. The fact that such. attacks on freedom hamper the education of students compounds their seriousness. After consiclering in detail what Baker wrote in his stories, one may contend that what Balu\r did is, in filet, criminal. Such is the position of the U-M, which states that the 1lse ofa female student's name in the stories, coupled with other e-mail that Baker posted, constitutes a threat to do physical hann. Even if one determines that this argument does have merit, it still does not justify the decision ofDuderstadt to suspend Baker. Ifone filcee criminal charges, as does Baker, one has a right to trial by a jury of one's peers, as guaranteed by the Sixth Amendment. Additionally, one is presumed innocent until proven guilty beyond a reasonable doubt - a longstanding aspect of American jurisprudence. By acting to suspend Baker immediately. Duderstadt, the president of a public university. circumvented theee Btandarda iii the legal process. In this sense, Baker did not receive his right to due proceea under the law. IfBakers statements were, indeed, threatening. this situation is a oontlict between Baker and the female whom he threatened. A civil suit then, and not a aiminal aruit, would be moat appropriate. Given that the University justified its action by citing that Baker had threatened another individual, any action by the U-M is illegitimate, for a threat from one individual to another does not involve the University itself. One may contend that any individual who viewed Baker's stories and deemed them threatening held a moral responsibility to inform the named student that her name appeared without her approval Having seen Baker's email, Duderstadt qualifies as one BUch individual. Any action that he chose to take in response, however, should have reflected his concern as an individual. That is, Duderstadt should have informed the student simply as a concerned individual; he should not have taken any action that invoked his powers as a university president. The ~er ca~,is ,indeed a significant one, for it demonstrates the Power ':

""''' ~'

" ',

:'," ,"

t..OOK'~\' ~\?T, C~SL- TO \)5-vaO'?t'f\~m~1..L.'( ~'?~~l..~D ~p PRoMOT~15 1~,.O(..e.~ce: \"OWA~P \)\\IeR~T'<!

! GOEt;C" W~ Wor-tr S€ Ge.iil~Q

If~NOW W\-\ \i6 AAtJ \\4S ;e:~~N t)W~~tS:' t>A.v.l~ !

GA~~~,," 61.-. ~" f Ofl'

t.UtOIC: ... " . Met:.

0 C

0 MMENTARY

The Fourth Amendment: Aecessary N Tec h nlC e ale ty 1 ... ,...

....

'j"

\~.

. ,'· lX·!... :· · ...

·:~ ·.. ·

H, ·

,..

.. .

A S P ART OF THEIR "CONTRACT WITH AMERICA," THE Republicans in the House of Representatives have recently introduced a bill that would allow the use ofillegally obtained evidence in <riminal trials. This is apparently another weapon in the "war on drugs," as many drug traffickers have had their cases dismissed on technicalities because police found the evidence against them without the benefit of a search warrant. When this happens, judges disallow the use of any eVidence procured in this manner, or sometimes even dismiss the case for lack of evidence. The bill sponsored by House Republicans is an attempt to address growing frustration over the fact that many criminals never get punished because they go free due to these "technicalities." There is, however, one technicality that the House Republicans seem to have chosen to ignore: the Fourth Amendment The Fourth Amendment states: "'!he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Quite simply put, the Constitution itselfforbids the illegal seizure of evidence against a person, and this new bill almost surely is a contradiction of the Fourth Amendment. <kanted, such a bill would likely not stand up to a Supreme Court test, but on the other hand, it should not even have been considered at all. Such. a bill would restriet a constitutionally guaranteed right of all citizens, and the House of Representatives has absolutely no right to even attempt to do this. There are any number of ways for evidence to be obtained legally, and police who obtain evidence illegally are no better than the criminals they wish to convict. One cannot condone any attempt by the government to restrict the civil liberties of tile American people. The Fourth Amendment was designed to keep the police from harassing law-abiding citizens by requiring that police show just cause to obtain a warrant before searching a citizen's property; this bill would allow police to do exactly the opposite, and still use the evidence in court. Simply put, this bill must not be passed, as it is a direct violation of the Bill of Rights. If there is really such. an enormous problem in obtaining evidence legally, perhaps the procedure for that process should be changed; for example, perhaps the time required to have a warrant issued to police once they have demonstrated just cause to a particular judgifooUl'doe $hortehoo.1D.-ahyevent:·· "w8!,?n dru~". or no, ~e CongreSS has no place passing legislation infringing ~tt.\le.u~ ~!Y,,~_9Y~J~ ~~~" ~t~~~J~~JIDQthe.r_. indi<ationofthe. __ ~oiil·'F~)'~~bidme:q~ '~~. .~ , ". . , ,1.~thatth.eU M d ~ . " ,,,.,,.~ ..J • • ,,. , , . •. • • , r.~':'dB ' , , . . .......- .....l'-'.. Lmi nl'stration shows toward Cl'villibertieS. l'fn. , .·,)'.)u.h! . ~ ,~{',,~,;:t" >,\ IiJ:il'''' J '" _~ ,oil('" '.• IH:,i ,t , c.t, -uecJ1I rown .. ....'-.'..-.----,,----. -----.----"~---,~-------------------------------

. -'., '

THE MICHIGAN REVIEW

March 1, 1995

o THE ELECfRIC SNAPPLE ACID TEST Code a la Mode ~'f I'll Take Mine To Go BY

GREG PARKER

y THE TIME YOU READ this, :rm sure you'll be "Coded" to death. "Code, scbmode," you

say. But let me stress something you might not be aware of: the Code is perhaps the single most important non-academic issue affecting your uM academic career. And it's bad, fulks, it's really, really bad. It's like high school all over again. But instead of Mommy and Daddy taking away your car keys because you broke curfew, or Mr. Principal suspending you for smoking in the bathroom, the U-M has disciplinarian Duderstadt to enforce its paternalistic and en Wco pa1"f!1ItU rule \Ioco" in more ways than one). '!he problem here is that wtlre grown up now. We don't need Duderstadt or hi8 U-M r.egime to guide us, phyaicaJly or morally. As tar as I remember, we're all adults here. And t.ben{a this little tJDng called the United States Criminal JU8tice System that - gueea what, U-M - actually is supposed to rationally uphold '1.a w and order" in a largely demo'CIl!ltt~-J'$ , Apparently, theU-'M doesn't think t1ria system works, or maybe it thinks it can create a better 8yatem. Maybe the U-M wants to create its own police state. Or maybe it just doean~ like democratic "law and order.» But the truth of the matter is that this system, in one form or another, has been 8I'O\Uld for hundreds of years. 'Ibis means: 1) it muat work relatively well, or it be replaced; and 2) even if it doesn't work well, who the hell is the U-M to determine so and 8Ubeequently have the audacity to create one ofits own? '!he last time I checked, the U-M still a public echool. As far as I am concerned, this filet alone should force the University to abide by the rules established in the U.S. Constitution.' '!he U-M often cl.aim.a that federallaw requires a non-ec:ademic code of conduct, or that the Code was created benevolently to work with the students. In response to the federally mandated non-academic code of conduct argument, the U-M could have drafted a statement that simply said, "'IlI.e community of the University of Michigan will follow the basic application of the Constitution and the United States criminal justice system, wbich will be enforced by the local, state, and federal branches of government reapectively. Just like real-life." No armed. elite Department of Public Safety (DPS) stormtroopera. to which Duderatadt

lrouJd

an amendment to the Code that, as described above, deleted the word "physical" from the description of "physical assault." Anyone for speech codes? It's like a big game - the faction that makes the Code the most ambiguous wins, because then the administration can warp the Code to its own liking. Who knows if this amendment will pass - the administration has not even released the student panel's amendment recommendations, and those procedures took place weeks ago. How convenient. The moral of this story is twofold. First, and most importantly, the Code is a horrendous pile of civil liberties violating dlDlg, and it should be fuught with the utmost effort. Second, it follows that most powerful organizationa, like the U-M, rarely take altruistic actiona toward their members. The Code,like most other adminis~ trative actiOns, i8 largely politiCally. motivated. It boils down to a 18w pow.. erful politicoawho want to apply their idea. tD a controlled environment. Except we, the U-M students, are .t he guinea pigs. And the experiment is showing signs of failure. Mt

may give orders to use force in the it could do so. Alas, the U-M is public, guise of "health, diligence and order" which means it should follow the same in the U- M community per Regental patterns of "law and order" as "everyday" society. Daddy Duderstadt Bylaw 2.01. No stupid, inefficient Code hearings that deny constitutional should not infect this campus with his rights (regardless of however much personal visions of "law and order" the U-M adminisand enforce them through tration says the the Code. It is arrogant hearings don't). No and naive for the adminabridgment of due istrao.on to believe it can process. In short, no "make a better Constitutotalitarian rule. tion." That might be posBut it's easy to sible, but it won't be made sit back and crio.by the administrative cize the Code. I am denizens of this campus. not responsible for In the fight to change its construction, and J the Code, don't settle fur a I certainly am not i few lame amendments responsible for its ,that need regental apapplication (though (proval. Only settle for complete destruction of I would like to be responsible for ita the (J()de. '!he U-Mloves destruction). But I The MInIstry of Truth; a.k.a.: to~~ a compromiSing have seen the Code the FIefning Bldg. spmt WIth,the students, ' in action, however, . working with them to and I haveseenitl.consequences "better the quality of the campus comI'll say this: it'ajUst plain horrible. ,. munity.'! But.the same parties that I've seen the ~e bypassed durtry to act so a<mmmodating and helping the prosecution of Jake Baker. ful are perhaps our greatest enemy: the Office of Student Affairs proposed I've seen the Code waste hours of the

in:

c1i1ipnt etudent judidall panel". Ume. I've Dudenrtadt bypasa the Code

seen

because of an "emergency" situation. I've seen people presumed guilty until proven innocent I've seen proposed amendments to the Code that aim to take the word "physical" out of the description of"physicalaasault," paving the way for speech codes. Under the Code, I've seen the worst civil liberties violations this side of Kent State. And I can promise there will be more in the future. The very idea of a Code is, in itself, an exercise in mental masturbation. As far as I am concerned. I am a legal adult (as are most other students and faculty here), and I am fully able to take care of my own nonacademic behavior. And even if I was a "bad" person, "harmful to society," then the societal paradigms of "law and order" should dictate whether I am allowed freedom. Henoe, if I am at the U-M and I filiI to accept the established "law and order," then I will go to jail. I don't see myselfmaking the commute to Ann .Arbor everyday from the Jackson State Penitentiary. Besides, who is Duderatadt and his administration to create "law and order" standards at a public institution? Are they morally superior to the students? Many say, however, that the UM'e standards of"law and order" are

Friel1dly, Free Delivery

] BACKR' OM ~

•

•••

•

,~.

pr:::::8~~~.~.~.~Ir.~.~.~.~.~.~.~.~.~.~.~.~.~Ir.~.~.~.~.~.~.~ ~ . ~=-!

higher than thOse that exist in "every-

day'" life. ~ ~l!-M ~ no righ~ ~ aasmnethis. IfltwaaapnvatesdiOol,

, I

' ,>,

>. •

"",

" .,.:;>: ;.. ' , ;': .

' , ;

;',.' .>' :.'

, . , ,.

: .'.' /;~ '.'C":'·~';

' •.. : . :. , l

,', I

o INTERVIEW: DAVID FRIEDMAN

Toward a N FEBRUARY 17, AARON Steelman of the Review had the opportunity to interoiew David Friedman. Friedman, an Olin Fellow at the University of Chicago Law Sclwol, " the author of The Machinery of Freedom: A Guide to a Radical Capitalism, am01ll1 other worb. He wiU deliver a 8peech entitled, ·The Inefficiency of Efficient PunUhmen.t8'" at a meeting of the UM. FederalUt Society on March 2 at 3:30 in Room 220 of HutchiTIIJ HaU. AdmiMion " free.

MR: In . . preface to the first edition of TIHt IIItchInIIy of Freedom, you stated, "Som. timIIl c.u myaeIf a Goldwater Inarchlst... To many, h term "Goldwater anarchist'" would teem to be an anomaly. Could you britfty dIIcrIbe whit you tneInt? FRIEDMAN: I meant that, like Goldwater, I supported institutions of private property and sharp reductions in the size of government. Unlike Goldwater, I see no compelling reason to stop these reductions as long as there is any government left. Whether ,.e am. go .~·.tb.e .wayo. tp. a society with private property and without government under present circumstances I do not know, but I think it is the appropriate long run objective.

MR: In Capltalilm and Freedom, your tather stated, "The const.tent [cllI88icaI} lib. ., Is not In InIrchlst." How would you respond? \

FRIEDMAN;I disagree; the defense of that disagreement occupies Part ill of The Machiner;y of Freedom. My father is often right, but not always right.

MR: The.gumenta pre... lted In The MIlchlne,y of F,..dom ar., largely, ~Ist In nature. You hive 1180 atattd, howw_, that you do not find the notion of nIbnI wholly mcorwIncIng. Ar. you a natural rightist or I coneequentllllet?

""*

FRIEDMAN: I am neither. I believe that the consequences of acts are relevant to whether you should be in favor ofthoee acts, but not necessarily the only thing relevant. I do not understand natural rights well enough ~ be sure if I believe in them. - and I have my doubta that anyone else does. Some of my reasons for those doubts are in the first chapter of Part IV of the new edition of my book.

MR: GettIng back to 1M topic of natural rtghts, do you MIieve thIt one CIn defend

THE MICHIGAN REVIEW

March 1, 1995

~tatelessSociety

the notion of Inviolable natural rights and also I minimal stale? It seems as if rights talk inevitably leads to anarchy.

FRIEDMAN: I think it is very difficult to maintain a libertarian natural rights approach and defend a minimal state which does things, such as collecting taxes, that would violate libertarian righta if done'by a private person. One could certainly defend a minimal state which exercised only those rights actually delegated to it. That raises two questions: whether such an organization would be able to maintain its effective monopoly of doing what it did, and whether it ought to be called a state. My answer to both would be "probably not," but I could be wrong.

MR: Mwray Rothbard once stated, "I am an abolitionist. If I could abolish the state by" pushing a button, I would push the button.n ' Do you really think It would be wise to abolIsh the state o.vernlght, or would a better approach, In your opinion, be gradualist in nature? I guessJou could call It "creeping anarchism.n FRIEDMAN: If you abolished the state by pushing a button, I think another, and very likely worse, state would replace it. Anarchy is not the same thing as chaos. My objective is an ordered society where the order comes from voluntary association, not coercion. Developing the institutions to make and defend sum a society will take time.

MR: In The Machinery of Freedom, you stated, "IAyn Rand} had a complete philosophy to sell, of which libertarianism was a part. Many libertarians buy the whole package; 1hat Is how some of them became libertarians. I don't and didn't, but I find f!'UCh of value In ha' writing." Would you please elaborate on that statement? FRIEDMAN: The part of Rand's philosophy I find entirely unconvincing is the claim that one can derive normative ronclusions (how people ought to behave) from positive premises (what people are like). More generaUy, I find that many of her specific positions, although plausibly argued, are opinions for which she gave some reason rather than (as she seemed to believe) theorems she had proved.

MR: How influential was Robert A. Heiriein's novel The Moon Is • HIIrsh Mistress in the development of your thought? FRIEDMAN: At one time, I accepted the conventional classical liberal position that although the market could

MR: Some anarcho-capltallsts argue that

bution less attractive, and is thus likely to reduce it. That is precisely the reason that supporters of income redistribution generally prefer that it be done at the federal rather than the state level: State welfare is limited by the fact that high welfare rates attract people who collect welfare and drive out people who pay taxes. Federal welfare would be limited in a similar way in a world offree migration. The bottom line is that I favor free migration. Either it will tum out that the sort of people who would come only to go on welfare don't have sufficient initiative to come -which seems consistent with our experience so far - or it will tum out that free immigration plus welfare results in a tide of immigrants sufficient to destroy our welfare system. Those, at least, seem to me the two most likely outcomes.

all political participation, even In the form of voting, Is not only Ineffective, but also Immoral. How would you respond?

MR: How did a guy with a Ph.D. In physics wind up teaching economIca It a law school?

provide most things, it rould not possibly provide the framework of laws and law enforcement within which a market society functioned. The Moon is a Har8h Mistre88 provides a fictional counterexample, a convincing portrait of a private property society in which law and law enforcement are provided without government. If such a society is possible - and I rould see no obvious internal rontradictions in the description - then the general rule could not be true; a theorem is refuted by a single counterexample. Since I now had reason to believe that such a society was not inherently impossible, I set out to see what the equivalent of Heinlein's institutions would be in the world I actually lived in. The result was Part lIT of The Machinery of Freedom.

FRIEDMAN: I do not think it is immoral to try, as best you can, to intlu-

FRIEDMAN:~eIwas&ud~g

physics, I was also writing my first book. While I was a post:.,doc in physence~~lewh().ha~ep<)w~.()~ you. Or aa'Manny says in The Moon i8 . ics at Columbia, I wrote a piece on population economics. I found I was a Harsh Mistre88, "I do business with the Authority. Do business with the having more fun, and doing 'What I law of gravity too." thought was better work. in economics than in physics. Julius Margolis, who was running the Fels Center at MR: What are your views regarding the Penn, offered to find me a post-docLIbertarian Party? toral position there while I switched fields, and I took him up on it. While FRIEDMAN: I believe in the division of labor. I think the LP is a useful at Fels, I met Jim Buchanan and institution, but the things it does are, discovered that we had similar ideas on the desirability ofusing economics on the whole, not things I particularly want to do or am particularly good at. to understand political institutions. He brought me to the Vrrginia PolyThe main thing I think it is useful for is getting ideas out. Ifit is sufficiently technic Institute as an assistant prosuccessful in doing so, those ideas will fessor of economics. As an economist, be adopted by the other parties; that, my interest is in economic imperialafter all, is how the Socialist Party ism. - applying economics outside its succeeded in getthlg its policies impleconventionally defined bounds. One example is economic analysis of law. I mented. In my view, the LP's ultimate objective is not winning an elecwrote two articles in the field, and tion, although electing a few candiwas invited to visit the University of Chicago Law School for a year as an dates might be a useful means. Olin Fellow in law and economics. That was about eight years ago. MR: Classical 8berals have long favored open Immigration policies, but some libertarians have recently argued that, in the age MR: Are you working on any new books? of the welfare state, open Immigration simply Is not I sound policy. How would you FRIEDMAN: Yes, two. One of the books is a law and economics treatise, respond? dealing with the problem to which both criminal law and tort law are FRIEDMAN: There are two halves to the argument, only one of which is solutions: How to use legal rules to deal with individuals whose actions usually given: the existence of income impose rosts on others. The other is a redistribution m8kes free immigration less attractive, since immigrants book tentatively.title.d.Ecorwmic8 for Fun and Profit, designed to let an may rome only in order to get a share of the welfare. On the other hand, free intelligent layman teach himself ec0nomics. )It immigration makes income redistri.....''''............._ _ _ _''''''...._ _ _ _............_ _ _ _ _ _ _ _ _ _ _ _ _ _ __

~~"~O~~o<~<-"~~~<~"~""",,,~1"'<"~Ym''''''''''''''''''''""=~''''''~'lM>_m:f~'''''M

March

. THE MICmGAN REVIEW

f;l99o-~--~

o BIOGRAPHICAL FEATURE Remember.~ng

Ayn Rand

system, although "politics," in a more grasp of philosophy and its various was to teach oneself how to enjoy life common sense, may obstruct political branches. She was a capitalist, pure wholly and honestly. "'!be moral jusphilosophy. tification of capitalism does not lie in OU MAY HAVE HEARD '!HE and simple, from Soviet Russia. Her Rand pursued these notions, in phrase, "Who is John Galt?" lau,su faire market ideas, however, the altruist claim that it represents their fundamental fonna, and ca.nied Your parents may have Atla8 the best way to achieve 'the common never meshed with libertarian phithem further with her novels and esShrugged or The Fountainhead on losophyand morality. good,'... [it] lies in the fact that it is the says. One may ask oneself: Is her Ayn Rand was indeed radical. She only system consonant with man's their shelves, kept from. their years in philosophy profolUld and original, or was an intelligent young girl, trapped college or early adulthood. You may rational nature, that it protects mans have read these books, and surely survival qua man, and that its ruling one way of putting common selli!e into in Soviet Russia with the single wish words? This argument is one that principle is: justice." remembered them. for the freedom to live life as she relies on the definition of original Ayn Rand has become a housechose: She enjoyed life through literaIn addition to her personal conthought, concerning its source and hold name in many intellectual cirture and fell in love with heroic charcentration on morality and its necesprogressiveness. cuits. She was both a prolific writer acters and their admirable actions. sary applications, Ayn Rand fOlUlded Objectivism is a strict, self-servand a challenging philosopher, her She understood the hypocrisy of the the philosophy of Objectivism. ing, and simple philosophy; it is not Aristotle, the father of logic and the novels topping a myriad of best seller Soviet state at an incredibly young only philosopher to whom Rand gave age, refusing to accept common povlists. for the weak atheart. Like all philosoRand has entertained and chalphies, it is a guide concerning how to erty and moral altruism without a intellectual credence, was the first live, insistent that the individual is lenged society with her ideas, but she fight She simply understood that the thinker to begin answering questions the one who must choose the correct concerning existence. He believed that has also been stigmatized and wrongly will to live could only come from her means. Ayn Rand, the ultimate chamgrouped with many negative associafreedom to choose how to live. No the universe was knowable and orderly, that "A is A," and that man can tions. Although her political views amount of propaganda or familial pion of individual rights andproducare her most discussed ideas, to her pressure would make her accept the learn about this world 路through logic tivity, has set up a philosophy that expMins these ideals and has asked they were fairly inconsequential and notion that the welfare of dumb little and reason. If the world is real and the world to study it. Practical or not, kids in her classroom was more imonly a derivative of her overall phildlowable, then there is right and she .h as provided one way to look losophy. portant than her own. wrong knowledge. If there is right Ayn Rand died on March 6, 1982, and wrong, then there is truth; if again at morality - to understand She did not ~dy politics until why ideas are important, and why after achieving renowned suroess with much later, when she became aware . there is truth, there is morality; and politics are deeper and more intellecof the detrimental effects that govwith morality comes respect, hard both her novels and non-fiction woIks. tual than party affiliations and inwork, honesty, and other virtues. MoFrom philosophy and economics to ernment had on philosophical and come taxes. m. rality is the fOlUldation of every social psychological moralities . physics and psychology, from science . \ HerpOliti.;,:. 1bea,'n!Jflected her: fiction (Star 'I'rU aeries,路anyone?} to world view, with lai.uez faire ~pital- ...._...:....:........;...;..._____.;..-....;,;.._._:......._________________--, aesthetics, she has influenced countism fitting the mold. '!he militant and i less numbers of people. Her books oppressive Soviet regime also caused continue to sell half a million copies Rand to appreciate truth andjustice For Years each year, and the generation that as necessary to any government. talked of the new and radical Ayn People have looked to their Thus, her ideas on capitalism ran far Rand in 1961 now teaches in the unideeper than simply free trade. "When Parish Priest . versities, sits on boards of directors, men are free to trade, with reason ~d creates lectures, and writes scholarly for .... reality as their only arbiter, when no works concerning her philosophy. man may use physical force to extort Rand is worthy of praise for both +5piritual Leadership the consent of another, it is the best the polished beautY of her fiction and +Compassionate Presence product and the best judgment that the vastness of her 'knowledge. Many, win in every field of human endeavor, however, classify her as a brutal and +Sacramental Ministry and raise the standard of living - and selfish capitalist, out of touch with of thought - ever higher for all those society and void of compassion. Her who take part in mankind's producrigid logic and questioning nature did Are they waiting for YOU? tive activity," she wrote. not stem from cold-heartedness or She was concerned with ethics political influences, but from her total and knowledge , unflinching in her If you are a Roman Catholic man in college now ... desire to convince the world of her MqJhan Roe/de u, ajunior in psychol. ideals. To her, the purpose of morality ogy and a staffwriterfor the Review.

MEGHAN RoEKLE

Join U9 for a Di9cernment Weekend

MARCH 16-19, 1995

Big Brother Is Watching ._-~ou. ~

Contact: Voc.tttion Officg Archdioce~t!I of Ootroit 305 Michiglfn Avenue Otltroit, MI 48203 F'hontl313.237.5875

~-~

' "

'~ ''

''~"''''

_ __ ' _

7'''''

"'''_

....1"'.,..$....._

N' _~"","'._ '

...._ _ _...................._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

March 1, 1995

THE MICHIGAN REVIEW

Baker Continued from page 1 stories were strictly fantasy or a plan of action. Douglas Mullkoff, Baker's attorney, has said that his client's story was taken out of context. The original story contained a statement in which Baker stated, "'!he following story contains lots of sick stuff. You have been warned." No matter how repugnant the story is, he still has the right to write it. The fact that Baker used a real pel'BOD.'S name is key to the a:t.se. Ifhe had not, he most likely would have been neither charged nor suspended. If the story had not contained this woman's name, the e-mail messages would be ilTelevant. As U.S. Attorney Saul A Green said, "Ba.k.ers mention of a real student ... contributed to the charges against him." Baker did not specifically state her name in the email communications with Gropda, though. Because of this, the federal government may have difficulty proving its case if it tries to connect the original atory and the additional email messages. Another point of contention is that the Internet itself ia a place of exehange ofinfcmnation. lfthis路ca:ae

f!ee

goes to court, it will set a preeedent involving the use of and access to the worldwide network. The Internet was originally a network in which computer hackers, college students, governmental agencies, and others participated in their trade. Over the past several years, though, it has proliferated into a teeming network in which ordinary people, who otherwise would not have access, have gained entry. If a decision is reached, this a:t.Se will be one of~e first to determine whether the government has power to regulate the Internet. Until now, federal, state, and local authorities have taken a handsoff approach concerning the Internet. In a story in the Michigan Daily, Sam Hutchins of the U.S. Attorney's Offioo in Detroit said, "'lhere is no precedent for a a:t.se that involves the Internet. This a:t.se will probably break new legal ground." Already, there are calls for regulation of the Internet, including penalties for Internet providers whose clients transmit illegal docu.-: menta or infon:Ilf1tion. This would force the providers'to police transmissionS; in effect, they :would have to read everything sent and.received ~ . . . . . . . . . . . . .. ~~;

The Statement of Student Rights and Responsibilities (SSRR), also known as the Code, has also come under.fire because the University has not used it in this situation. Just one week before the Baker case became public, University officials were busy implementing the Code in the Lavie vs. Welch case. Many aspects of the use of the Code were unclear, from the hearing procedure itself to the amendment process. Given that the U-M used the Code in Lavie vs. Welch, many now wonder why it chose not to do so in the Baker case. The power that Duderstadt wielded in this case also concerns some. President Duderstadt decided to suspend and remove Baker from his East Quad room immediately, without a hearing, and without using the Code, perhaps denying him due process under both the Constitution of the United States and the Code ; itself Baker posted the story in early January and had not taken any action since that time. He neither approached the woman nor communia:t.ted with her. Though this may not serve as ajustification. perhapstllls is why Dudentadt tOOkUtdlatenil

action and sidestepped the Code. The Code, in addition, does not cover fantasy story writing. Vice President for Student Affairs Maureen Hartford, citing the Family Education Rights and Privacy Act (FERPA), declined to comment on "a real person," and would answer only "hypothetical questions." Duderstadt, responding to a request for ooD:unents, said, "Since this a:t.se is still under litigation, we are unable to comment upon it." Jake Baker has been considered guilty without a hearing or trial throughout the whole ordeal, from the denial of due process to being held without bond. There are certainly suspects more dangerous than Baker whom the state has given the right to post bond. Perhaps one example of such a suspect is Ervin D. Mitchell, Jr., the suspected Ann Arbor serial rapist, who is being held on $50,000 bond on charges of unarmed robbery and assault. The Baker case, when resolved, will affect the use of the Internet, constitutional rights, and the future of the Code at the University ofMichigall. WhattM~i~路.wiH.be~

mainatiH>e'seertMl.

.....

Welch Hearings Continued from page 1 process. Not only is this clearly wrong on the part of the University, but the DPS as well. "I Was accused of squirting water on someone," said Welch. "What if the DPS falsifies reports against someone who is accused of rape or murder?"" The DPS's connection to the University administration should definitely be investigated, since falsifying reports is a crime. Another problem with the case involved the faculty.chair who is supposed to oversee the procedure. Professor Peter Bauland was personally handpicked by judicial advisor Mary Lou Antieau last fall She chose Bauland because he is supposedly well-trained and experienced. Yet Welch cl.ai.ms he was incredibly biaBed in favor of the administration. "He would intelTUpt me, tell me I couldn't ask certain questions, and encouraged the panel to ignore procedure," ahe stated. One really has to wonder why Antieau went out ofher way to insist that Bauland chair the

hearing. Besides inherent flaws in the Code. there were other violations that Welch mentioned. First, Lavie's wife '-,

case, the annual Hash Bash cases, goes on in the closed ones. I think that students should demand the right to and other cases she termed "lost causes," she believes that it is imporan open hearing - no exceptions," Welch stated. tant for students to realize that much Even if students are not able to of the money that the U-M uses to obtain an attorney, as Welch did, to handle these lawsuits comes from advise them before the hearing, at various increases in the tuition and least it should be open so that there fees that they must pay. will be some degree of public scrutiny. . Because the Code itselfis a violaOf course, the only way to safeguard tion of students' rights, "Every student over the past two years who has all of the legal rights 9..f students is to do away with the Code once and for been tried under the Code haa a poall. tentiallawsuit." 'This is because the The final outcome of all of this University, unlike a private corporaremains to be seen. It is interesting to tion, is not accountable to anyone. In note that David Cahill, Welch's attorregard to this, Welch believes that ney, is also the attorney for Jake "student and faculty participation in Baker, the defendant in an even more Code hearings legitimizes this expenpublicized (as well as more expensive, sive process." quite likely) a:t.se than Lavie VB. Welch. As long as there is a Code, the Baker, as all probably know, was susonly way students can safeguard some pended by University President of their legal rights, according to James Duderstadt, making him a Welch, is to be tried under an open, non-etudent who cannot be tried unrather than closed, hearing. The Unider the Code. It is unfortunate that he versity tried to do everything in its was arrested by the FBI and is being power, including adding the harassheld without bond. Despite these cirment charge, to close her hearing. As cumstances, though, Baker will have demonstrated, though, even an open the right to use a lawyer during the hearing does not guarantee total fairhearing, as will Welch when her Iawness. euit against the University goes to "If this is what goes on in open , court Ml hearings, I shudder to think at what

served bofu as his advisor and his witness, a practice that the Code prohibits. Second, the defendant must be provided with all of the complaints well before the hearing in order to have sufficient time to prepare a defenee. In Welch's a:t.Se, Lavie was told he could amend his complaints during the hearing. 'Ihird, although she cannot prove this, the panel was chosen questionably. It is the duty of the faculty chair to randomly choose sixjurors and two alternates; Welch has a feeling that that was not the case. Indeed, what are the chances that Bauland picked, twice, three male and three female jurors and one male and one female alternate? In any case, there are clearly sufficient grounds for an appeal. And that is exactly what Welch is planning at this time. As well as an appeal, she and her legal team, with assistance from the American Civil Liberties Union (ACLU), are working on a lawsuit against the University. Shifting the focus from her situation, Welch commented at length on how the University tends to generate Iawsuits against itself Refening to her ~,""~

"'"'

< > 芦 n m ' _ _ ~_< _ _ "_~~''''''''''''~'_ _ ~''''''"'''=YM''''

____

~"'"

'''""'''~~'''

~_'-~~'A~

,-_,,~""'~~.''''';..

_~~~

'7~~1

JlW

THE MICHIGAN REVIEW

March 1, 1995

o EsSAY

C~urves,

Grade Points, Bell

and School Spirit

BY MOHAN KRISHNAN

HEN THINKING OF school spirit and the days of high school. visions of football games, painted fa~. and pep rallies come to mind. But there is a deeper, far more important kind of school spirit visible at schools like the University of Michigan, where athletics and academics are much more separate than at high schools. 'This has nothing to do with the maize and blue, the "M" on the Diag, or the football stadium. 'This school spirit is the environment at the U-M that promotes leaming and thinking of many kinds. It includes a camaraderie among students who do not even know each other; a camaraderie that exists to take the place of professors who are often unreachable or incomprehensible when reached. Many claim this spirit is in direct conflict with the concept of competitive education that has existed in universities for generations. Would a country at war give weapons to its opponent? Of oourse not, but students are expected to help their peers and compete with them simultaneously. And they do help each other. Cheating and other illegal methods aside, one often sees students working together on homework. and studying. In fact, the eo-called "new wave" of calculus mandates cooperation among students who are later measured against each other. Suppose that ~petition is counterproductive. What can the University do about it - should exams be graded on a flat scale? That assumes that a profeaaor is capable of writing exams and tMdring with extnmle consistency. Curving exists specifically because this is not feasible in many caaea; Perhaps effort should be a larger part of the basis fur grading in a class, but how would professors measure effort, and against whose standards would an effirl oflAA" quality be determined? It would be very difficult to establish objective rules, and it would be unfair for a student who easily understands material to fail simply because he need not spend as much time on the da88 as others. Some want to abolish grading altogether. 'This too is unrealistic. If grades were abolished. how would employers choose employees? How would graduate and professional schools choose their students? In a capitalistic society, it is unf'air to refuse employers and institutions of higher leamingtheabilitytocllooAA.tnebest -----Tflr . , h n "t} .' pl

should benefit the most. 'This rephrasing of mercantilism is ftmdamental to American existence, For the universities to ignore it is Billy, because if they

Likewise, it would simply be a bloated version of the status quo if entire universities went to a system like that of the Residential College, in which written evaluations replace letter grades. Employers, who spend less than a minute looking at a resume, would need to spend hours poring over the records of each applicant, instead of a simple three or four digit number. So, perhaps competition is not a detriment to education. After all. it has existed in Western culture for a long time, The entire economical belief system of the West is based on the ideal that those who work the hardest

'~'~~~"""" '''<~ '

RES E R V E

did, their graduates would leave the haven of a school in which all succeed, and enter reality, in which many will fail. By requiring the successful student to excel, the school, in fact, enables the student to become the best. It only takes a short jump of logic to realize that it is not knowledge that makes the college graduate successful, but the ability to compete. In addition, stripping man ofhis competitiveness is equivalent to stripping him of his identity, If all are

OFFICERS'

rendered academically equal, then there is no differentiation among individuals, as intelligence becomes a thing beyond their control or responsibility, filed away with the color of hair. eyes and skin. Bear in mind, I am not talking about politics, but about universities in general, especially the U-M. I am not suggesting the absence of a problem; on the contrary, there surely is a problem in the way students are educated, We lie somewhere in limbo between the survival of the fittest and the idyllic concept that any student is . just as good as another, and either extreme is dangerous, m

TRAINING

CORPS

...

:::-:·:::::;::::r;;:;:~;,;::~tfi;b~M~}~::...

SUMMER SCHOOL FOR ON THEIR WAY TO THE TOP. If you didn't sign up for ROTC as a freshman or sophomore, you can still catch up to your classmates by attending Army ROTC Camp. Challenge, a paid six-week summer course in leadership training.

By the time you have graduated from college, you'll have the credentials of an Army officer. You'll also have the self-confidence and discipline it takes to succeed in college and beyond.

ARMY ROTC THE SMARTEST COWGE COURSE YOU CAN TAlE.

. '

,,; .; " . ' h

" ,

, l

.~.

For details, visit Room 131, North Hall or call 764-3029 .':1 .".' , .,'., \. • >,

;. cdW.!f: }J.iU:tJC\I'i c:J)uhJ l i .'l '. ,hoLTl.}'.';'£). . G

__''''''''''''-'''_'"' _ _ _ _ _ _ __

'' , ___ '_ '

m _ ' _ _ _ _ " .. ,,~ _ _ , _

.) "'-~' ,'

.. ' . . ' 'cr"" '. 1 ' · ·.C" .. _ . \~.l..f:r.~l~J ... ;.1 .i3J. l,: !tU.J::'·~· ~' Jij,,-.t.J , . .

'....

.;h.,'. .'

. . ...

. .

.'0 '

k' .: ,,-,.~,. " " '. ' !.

J .. "

. . ' ."

THE MIClllGAN REVIEW

March 1, 1995

o ISSUE FORUM: IMMIGRATION AND WELFARE

Welfare May Limit Immigration BY Bi:N.JAMIN KEPPLE

SIMPLIFIED. YET STILL valid view of the options that immigrants to tbia nation pos88SS once they anive here 18 as follows: a) they will work; b) they will study in the higher educational system; or c) they will fail to do either and, in the end. rely on public assistance to survive. But can. the United Statet afford to pay for the aervices a1forded ("entitled") to the non-working population of immigrants, those who follow the third option. either by chance or by choice? Can the U.S. afford to throw open the gates and absorb the flood of immigrants that inevitably would come seeking a better life here? Regardle88 of arguments to the contrary. the answer is an unequivocal "no." Free inunigration would punch a large hole in the already strained budgets of cities and other urbanized regions. Along with that effect, it wauld, as a oorollary, cheapen and lessen the effectivene88 of the services already in place to aerve the American citis6ns. ·O!lecould even

argue that with free immigration, a perform well or do not possess the dents and schools. In this way, the small peroontage of immigrants might needed skills for employment influx of immigration may hurt come to America primarily to receive American-bom or immigrant - will America because this country simply the benefits that the government ofeventually add themselves to the pubis not able to handle the strain on its fere, such as welfare, schooling, and lic dole, taxing the budgets oflocaliresources. food stamps. ties across America through welfare But how could the United States For an example of what mass dollara and other forms of public assolve the problem of immigration? immigration may do, one may study sistance. The mere influx of immiIdeally, the government should allow the state of California. 'This state cur-grants caused by a free immigration entry to those who have preananged rently is beset by massive illegal impolicy almost assures an increase in jobs, or have the skills to work, along migration, and one may assume that these payments and the number of with those studying in the university if free immigration was govemmenthose on welfare and other public sersystem. For they will most likely be tal policy, the flow of immigrants vices. productive membere of American soThese immigrants on the dole would either remain constant or inciety should they choose to stay. But crease. With this massive influx of naturally would receive benefits, difor those immigrants who are unable to function in American society, the immigration into California, a state verting additional resources from that has rather high unemployment, schools and hospitals. Overall, this government should deny entry. many of these immigrants would be hurts the performance of American. "'The day of the open checkbook is unable to find payingjobs upon which schools that do not have the resources over!" said President Bush in 1991, to adequately support a family, or to accommodate the added numbers and the. United States government, even survive. of children that require education. much less its citizens, has no obligaGone are the days of the early and One also may cite this as a factor in tion to help those who in return do not amy their own weight. Keeping open middle 20th century when one could ; the rising cost of health care, for the line up in an endless queue for a population at large must subsidize the door of free immigration would factory job offered by General MotQrs the medicinal costs of those who cancertainly harm the country more than it would help it, taxin.gits reso\1l'a:}S or another p:14nufacturing corporanot afford to pay. In the Cl.UT'ent framework of govand inhibiting those Americitns.and tion. Nowadays, almost all jobs productive 'immigrants from emment, the schools likely would require at least ~high school education ceive no additional fiulditJ.g, leading ing the best oPporttmitie.thati:heY so that. the perform COlJltopooterperf'ormu<!e8am.OJ'ig 8tU~ . ··eam irttbis oountry.Ml' petently;'1bdh who mnot abI&tb

re-

recei,,-

'Worker maY

Immigration May Exist With Welfare BY JAMES ~ RoBERTS,

NE OF THE MOST CON tentious political issues of today concema immigration into the United Sta~s. Once an inconsequential topic, hnmigration is sure to become one of the defining political issues of the 19908. Indeed, this issue earned national attention during the November election, when the votera of California approved Proposition 187, an initiative that aimed to limit the amount of state assistance that illegal jmmigrants could receive. One of the most unique aspects of America is that it is, historically, a nation of immigrants. Traditionally, Amerim has served. as a "melting pot" for the cultures of the world, a nation into which an people could freely travel and immigrate. Today, however, there is a growing segment of American.s that wishes to limit - or perhaps eliminate - the flow of immigrants that crosses the border. The primary reason for this drastic change in popular opinion concerns govemmental finances. Specifically, many people now view immigration as a costly venture. Immigrants, popular opinion holds, simply apply for welfare and other public assistance programs upon aniving in

the United States, costing taxpayers billions of dollars. '!bat is, the Cl.UT'ent welfare state in America has created a situation in which open immigration is no longer possible, due to financial strain on the taxpayers. This argument against open immigration, however, is fallacious for two reasons: first, it overestimates the propensity of immigrants to accept welfare; second, it underestimates the benefits that immigrants bring to America. '!here is ample empirical evidence to support the claim that immigrants do not have an unusually high propensity to accept welfare. In Still an Open Door?, Stephen Moore asserts that "[iJmmigrants use welfare and other social services at about the same rate that U.S.-bom citizens do." Moore cites several studies to confirm this statement. A 1985 study by economist Ellen Seghal of the U.S. Bureau of Labor Statistics compared the federal welfare usage in 1984 of U.S.born citizens and immigrants who arrived in America before 1982. It found that 13.9 percent of U.S.-born citizens used welfare, while only 12.8 percent of immigrants were on the welfare dole. George Boljas of the University of California, who examined census data from 1970 ~i980,~~ed the Same

conclusion. He found that, in 1970, 6.1 percent of U.S.-born citizens were on welfare while 5.9 percent ofimmigrants used these public services; in 1980, 8.0 percent of U.S.-bom citizens used welfare while 9.1 peroont of immigrants did. More recently, 1990 census data indicate that approximately 7.0 percent ofimmigrants are on welfare while about 6.0 percent of U.S.-bom citizens are on the dolel. Given the results of these studies, one may conclude, as Moore does, that immigrants do not have an unusually high propensity to use the welfare system or other public services. When compared to U.S.--hom citizens, the peroontage of immigrants on the welfare doles is about the same. This, along with the fact, as Moore indicates, that the "taxes paid by immigrants typically cover the cost of public services they use," suggests that immigration does not bring great costs to American taxpayers. Arguments against open immigration also ignore the benefits that foreign-bom people bring to the United States. As Moore indicates, "immigrants increase the aggregate income of U.S.-born citizens and thereby increase U.S. economic growt.lt" Furthermore; "'[s]tudi.es· show

that the net effect of immigrants -

even low-skilled immigrants - is to raise the overall productivity level of U.S. citizens," resulting in "higher economic growth and higher living standards for U.S. citizens." This is due, as Moore writes, to the highly entrepreneurial nature of many immigrants, as well as to their ability to contribute to the competitiveness of domestic corporations. Apart from economic growth, one may also argue that immigrants bring cultural and intellectual benefits to America. Coming from different areas of the world, immigrants hold unique views due to the fact that they have differing experiences. Such cultural and intellectual diversity may introduce new ideas to the American. populace, possibly leading to improvements in society. Despite the CI.llTeIlt popular opinion, immigrants do not pose a threat to the American. people, financi.ally or otherwise. While some immigrants, indeed, may use welfare services, they do so at a percentage comparable to that of U.S.-born citizens. Thus, the welfare state should not limit the freedom of foreigners to come to America. Since immigration has benefited America, Americans should welcome those who seek freedom, and not tum them away. Mt

>>>>>"~<

___

_ _""»II!

>l'~~r

>. . .

_~~

___

~_~

. . . ,. . . . ._ _. . . ._ _

THE MICHIGAN REVIEW

March 1, 1995

o BOOK REVIEWS

The Victots for 25 Years ,

~:,'

A. RoBERTS, n

have defined Michigan football. Gathering articles from such noteworthy N THE COLDNESS OF A publications as the New York Times. the Washington Post, and Sports IlMichigan winter, on the eve of lustrated, Fitzgerald presents the the "March Madness" pinnacle of Michigan football legacy through the the college basketball season. college eyes of those who witnessed its devel-' football seems to be virtually nonexistent. To even the most devoted fan opment. 'Though these articles appeared in newspapers years ago, they of the maize and blue. the most recent season is but a distant memory. continue to provide first-hand expeThough this may be the case, Francis riences of each game, allowing the reader to realistically visualize the J . Fitzgerald's A Dynady in Blue: Z6 Yea,.. of Michigan Footbal action that took place. Glory (1969-1994) (Athlon Sports The chronicle commences with the CommunieatlollB, 1994) may serve dawn ofBo Schembechler's legendary career at Michigan, describing how to rekindle the excitement that surthe new coach lead his team to an rounds this Ann Arbor fall tradition. upset over the top-nmked Ohio State As Fitzgerald writes in the introBuckeyes, securing a Rose Bowl birth. duction. "A Dynasty in Blue: 26 Years of MichWan Football Glory is the story , Ironically, A Dynasty in Blue conofBo, Mo & Company and a celebracludes with last season's victory over tion of their special period in college Notre Dame, ending just before the football history." A compilation of infamous loss to Colorado that folvarious news articles over the past lowed. Considering the last two football seasons, a more cynical reader , quarter century. A Dynallty in Blue recalls the monumental games that may wonder if thls ending is a subtle. message; one who is more optimistic Jamu A. Roberts, II is a junior in may note that A [)jnasty in Blue ended political science and editol"-iT1r-Chief with a victory, believing that this hisof the Review. torical account is merely the begin-

BY JAMES

ning to an even longer dominance in college football. Certainly the strength of the book lies in the history and reflection that it provides. From the Ohio State rivalry to the Rose Bowl to Desmond Howard's Heisman Trophy sea80n, A Dynallty in Blue covers the important moments and aspects of the last quarter century of Michigan football, Fitzgerald's selections detail the tenure of Schembechler, eventually giving way to the new era of Gary Moeller. 'The younger fan of Michigan football will find this historical treatise informative; the seasoned veteran, having already experience much of what the book discusses, will revel in its nostalgic recollection All will find it to be exciting and inspiring. Perhaps the only shortcoming of A Dynasty in Blue is its brevity. Condensing 25 seasons of college football into 264 pages is certainly not an easy task, and Fitzgerald does so with mixed results. 'The final product may serve as a ' commendable overview, but it fails to reproduce much of the excitement that occurred during these years. The articles mention many ., , .. --

~t ~ball ~peakt

Attacking The I.R.S. BY AARON STEELMAN

ILL BRANON'S LET US PREY SOLD NEARLY 13,000 COPIES AND was named a 1992 Notable Book of the Year by the New York Times impressive accomplishments for a self-published book distributed almost entirely through mail order. As a result of the initial success of the book, HarperCollins decided to publish Let Uti Prey (HarperCollill8, 1994) last year, offering it in hardcover in February and then in paperback near the end of the year, 'The reason behind the success of the novel is undoubtedly its topic: the story of one man's mission to bring the I.RS, to its knees through a series ofbomhings and attacks on I.RS. offices. How many people have not wanted to do much the same thing? Indeed, there are probably many who feel the desire to do something of this 80rt every April 15th. Yet, as rational people they choose not to do 80 for a number of reasons; among them: the specter of being caught and imprisoned, as well as being honified by the thought of innocent people dying as a result of their actions. Indeed, one would hope ~t the latter would be the primary reason for their ladt of action, for no matter what sins one mayor may not be committing by working for the state - even the LRS. - one certainly shouldn't be forced to give one's life as restitution. Nevertheless, the protagonist in Let U8 Prey, Rayburn Varki, repeatedly states that the loss oflife that oomes as a result of his mission - which, by the way, is ultimately successful (not only does the I.RS. wither away, but the entire state itself) - is morally justified. And this is where the book goes horribly awry as a political tract, which is what Branon intends for it to be. On a strategic level, his book also fails; it his hard to be attracted to the novel's message when one is utterly repulsed by the actions of its main character. Perhaps the reader would be more likely to take a critical look at the I.RS. if the protagonist was not 80 flippant about committing mass murder. One last caveat about Let UB Prey: those of you who are not particularly fond of graphic descriptions of violence should steer clear of the book; Branon seems to take a great deal of pleasure in describing the grotesque ways in which the I.RS. employees are killed. This is the most violent book l pave read since American Psycho. Ml ' ( : " ( ,: , ': "'(:", .

:,<",,; " \

players, but they seem to do so in passing; the newspaper selections, as one may expect, tend to narrowly focus upon the action that 0CCUITed on the field of play, ignoring the influence that spanned the careers of many of Michigan's talented players . Fitzgerald also ignores many of the key games that fell in this time period, among them the many battles for the Little Brown Jug, the 1991 classic against Michigan State, and the various Big Ten rivalries that developed throughout the past 25 years. Its compactness notwithstanding, A Dynasty in Blue is a splendid work, one that is a valuable addition to the library of any maize and blue football fan. Fitzgerald allows the reader to bask in the glory days of Michigan football, highlighting the reasons why this football program in the greatest of them all. More impo~tly, the book gives one a chance to look forward to what lies ahead. Despite the cold weather that now blankets Michl· gaD, A Dynasty in Blue will make the brisk and balmy days offall seem like they are just around the COIner. m

Want to express your views on free speech, Jake Baker, the Code, and other issues? Want to discuss them with fellow defenders of liberty? Then, try REVIEW-CONFER. To join telnet to CONFER.ITD. UMICH .EDU and type CONFER at the % prompt. Then type Michigan-Review when prompted. Further instuctions will follow. You may also e-mail comments directly to the Review at mrev®Umich.edu.

Life is too short to drink cheap beer! We have added to our already extensive beer selection many new micro-brewed beers for your sampling pleasure.

March Guest Draught Beers: Grant's Perfect Porter & Black Dog Ale "

. ".: ~

(

" ..

.~ ,

", ,, "",_ , , ~ ,,,,,,,,,,,,,-,,_,,,,,,,,,,,~,""".T~,.,.",.,.,~,,, .,~,,,,,,,,,,,,,,,,,,,, ~,,,,,,.,,, ,' · ~H" " v",.\,

.•

~,,,,...,,,\,,,.~,,,,,,,,V(

......

_,,,,v_~,",,,, ,

__ ...."'....

.""

;4;" ... ' r.. "'::a................_ _ _ _ _ _ _...._ _ __

...;~.

/'r'.r, :{'

I'.

March 1, 1995

THE M1CIDGAN REvIEw

o MUSIC

The Cranes Whoop It Up BY DREW

PETERS

strumentation with whispery, uninSpanish guitar ... Jim played through the whole play, with narratelligible vocals and occasional bouts cello ... we used harp." tions instead of parts." of noise to produce a beautifulleth"'!he parts I toOk from The Flies "Each time we do a new record, E'RE INTERESTED in things going on argy. With less focus on structure or we try to find instruments we haven't fit the feel of the music," Alison conaround us, a wider specformula, the Cranes used before," James adds, "or differtrum than just a certain kind ofmuwere more interested ent ways to use the same instruments, sic, or mwrlc for the album." in mood and sounds. or way of recording it. Overall, this So Alison Shaw, in a voice that is album is a bit more colorful, there are Fans of mood, the much like her'patented brighter moods. We're not trying to be Cure asked the Cranes to open for masculine or feminine or anything teen-squeal singing, explains the Cranes' Loved like that. We're sort ofromantic." them on their Wis h Furthermore, Alison's lyrics are desire to transcend mu- Arid tour. Old fans of the sic into the realm of art. completely decipherable, colorfully Cure, the Cranes painted pictures. Surprisingly, this art thing isn't even had the chance "The songs on Loved are mostly annoying. England's Cranes don't to play on stage with stories about other people and their want to steal the Generation X Freak Robert Smith. own journeys through the world. Flag from Perry FatTell or other selfAlison and James They're mostly about trying to find a proclaimed artista/spokesmen for explain in typical sibway through your life, and what hapling style: America's youth. In fact, few people pens along the way." "I got ill in will probably ever like what the And it seems that, for the first Cranes do. France,towardsthe time, James and Alison are over their The first form of the Cranes end of the tour and sibling rivalries. started when James and Alison Shaw had to miss a few "'./ " "Itused .to be really bad," says shows. We were so borrowed some cash and bought an James, very seriously. "Our similarieight track in the late 1980s. close to the ~d so ties made us fight a lot. But now our "It was quite accidental," says James, Mark and similarities make us a bettel' band. James. "We started playing around in Matt had to. , conOne of the Cranes Is having. bad hair day. We don't have to explain what~" tinue." high school, but when we discovered UWe had to do [expletive deleted] tinues~ "The.Sartre pl~yis bas~on . wantwh.en we .wnte songs; we just. """ "" reoording we realized. that we could Greek tragedy. ItJ'sreanyd:nuru~tic " know." do more than Elvia路 covers in my dad's inBtrtunentals." and intense and we just did our own As if two albums and a ballet garage." "Apparently it wasn't sounding version ofit. An English ballet comweren't enough from one recording ,.. And Elvis would probably turn too good." pany heard the music and wanta to "It took us seven weeks to do the over in his grave ifOO heard what they "Hey! You weren't even there! 'The make a ballet out the music, since the album," Alison says, "but at the same first time was pretty good." did. Fulte, their ca8sette-only first music is legit. We still need to get time we did the music for a film. as album, set the foundation for the "But after that it sounded dreadpermission to use the original text." well. '!he film was in the London Film ful." Cranes' gothic, disturbing mwrlc. DeThe two-part reoording turned Festival and will also be shown on 'IV scribed by the press as "baby-eong," "Anyway, Robert said, 'You guys into the recently released Loved and in England as well. They used some "child-freaked," and like a "toddler need some help.' So he came out and tentatively-titled Tragedy of Orestes material from Loved, but Jim also with a chainsaw," Alison's vocals are, played Alison's vocal parts on his guiand Electre, to be released later. wrote some music specifically for to say the least, a unique addition to tar." Loved features the most diverse scenes in the film. We did these three With slight commercial success the Cranes' mu\dcallandscape. use of instruments in the Cranes' histhings all at once; it got a bit crazy, "It's hard for me to describe my from that, Guerlain, one of the bigtory, all while remaining true to their trying to concentrate on all of these gest fragrance houses in the world, voice," says Alison, obviously tired of distinct roots. different things all at the same time." used the track UWatersong" as the all the focus on her voice. "I hear it "It's weird to talk about it as a theme for its European campaign. differently than most people. I just The Cranes will perform at Inwhole," says Alison, struggling to find Alison simply states that "the comtry to sing as honestly as I can, withaustry on Wednesday, March 1. the words to describe the album. "'lbe pany was cool, and the money was out concentrating on what rm singThey took time out of their busy songs are quite separate from each good." ing. I guess I just try to capture what schedules to come to this area, 80 A few months later, Forever was. other; there is a wide range ofinstruI want to subconsciously. It's hard to you better not let them down. Ml. menta and moods. We used a lot of capture a feeling .... if you can put it released. 'The Cranes began to be more articulate both lyrically and musiinto words that's great ... but often it'. a combination of what thoughts cally. Acoustic guitar entered the picture while Alison's utilization of clear are running through your head at the lyrics began to emerge. Robert Smith's pWlt when you are singing. '!hat gives remix of "Jewel" gave them their first it meaning." 'lbp 30 single in Britain and Norway. Whatever the Cranes were doing, The Cranes began to sell out thouit garnered them an album on a local sand capacity venues throughout indie, a Melod, Maker cover story, Europe. and an appearance on the John Peel After their seventh tour of EuShow. rope, they entered the studio again. After four EPs, Wi:ng8 of Joy was If so, stop by the offices of the Mlchigan Review on the third This time, however, they felt that released on RCAlDedicated, as opfloor of the Michigan League, or come to one of our weekly things weren't working as they had posed to a more fitting 4AD. At the staff meetings Tuesdays at 7p.m. We are currently looking planned. most morose, moody period of the James explains, "We were writfor writers, photographers, researchers, editors, and busiCranes, Wings combined classical ining some stuff that didn't fit with the ness staff. For more information, call the Review at 662feeling of the album. Alison wrote Drew Peters 8pent spring break visit1909 or e-mail mreV@Um1ch.edu. parts from Sartra's play, The. Flies, ing every bowling alley in the over the music. Gradually we worked midwestern United Statu.

ffi[]n ..

Hate Codes, Love Liberty?