vol_6_no_2

,-------------Liberty Entails Responsibility路-------------.

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THE MICHIGA REVIEW Volume 6 Number 2 October 1987

October 1987 3

THE MICHIGAN REVIEW The Student Affairs Magazine of the University of Michigan Publisher David Katz Associate Publishers Kurt M. Heyman Mark Powell Editor-in-Chief Seth B. Klukoff Executive Editors Steve Angelotti Rebecca Chung Campus Affairs Editor Leonard S. Greenberger Arts Editor Paul Seltman Personnel Manager Marc Selinger Staff Maria Ansari, David Calkins, Megan Carmody, Judy Cheng, Dominic Cianciolo, Katherine Dawson, Daniel Drumm, Rick Dyer, Mary Fitzgibbons, Amy Fletcher, Vicky Frodel, Stephen George, Michael McFalls, M. Christopher Molesky, Paddie O'Halloran, David Rettinger, Ryan Schreiber, Annette Theuring, Joseph Typho, David Vogel, Jennifer Worick, Daniel Yoder The Michigan Review is an independent, non-profit student magaz ine at the University of Michigan. We welcome letters and articles and encourage comments about the magazine and issues discussed in it. We are not affiliated with any political party. Our address is: Suite One 911 North University Ann Arbor, Mich. 48109 (313)-662-1909 Copyright 1987

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From the Edi tor Serpent's Tooth From Suite One: Editorials Letters to the Editor

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5 6 7

Review Forum The Bork Nomination Defeat Bork, by Kristin Vanden Berg Confirm Bork, by David Katz

8 9

Campus Affairs Michigan Leader Profile Jesse Levine, by Stephen George The New Inventions Policy, by Ryan Schreiber A Chat With Mayor Jernigan, by Leonard Greenberger The Hidden World of PIRGIM, by Steve Angelotti

10 11 12 13

Election '88 Its Dole vs. Dukakis!

VM Presidential Poll, by Marc Selinger

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Essays On Women and Science, by David Calkins On the Rape Trial Verdict, by Rebecca Chung

19 21

Arts The Bon Jovi Experience, by Paul Seltman Profile VMS President Ken Fisher, by Rick Dyer Books in Review Campaign Propaganda: George Bush and Jesse Jackson Become Authors. Reviews by, Rebecca Chung

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and M. Christopher Molesky

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What's Happening on Campus Hamster Control Now!, by Joe Typho

30 31

Cover Graphics by Seth Klukoff and Rebecca Chung

October 1987 5

The Michigan Review 4

From the Editor ......................................................................................................

Serpentls Tooth

The Error of Complacency On a warm fall day in 1984, just several weeks before the presidential election, Democratic candidate Walter Mondale spoke before a Diag crowd filled with supporters, passers by, and elementary school classes. But tucked away in a corner, where the two anti-apartheid shanties now stand, were about 100 Reagan supporters.

The local newspapers, including the Michigan Daily, commented on how well organized this group was and acknowledged that Reagan would have more support on campus than anticipated. And perhaps the national media was correct.

Perhaps college campuses were indeed becoming more conservative.

We all know the rest of the story. Ronald Reagan was reelected in a landslide, with college students turning out in droves to vote for him. Sure enough, Time, Newsweek, and others proclaimed that conservatism was spreading like wildfire across the nation's campuses.

However, at the more liberal institutions, such as Michigan, where Mondale defeated Reagan by 70 percent, no such lofty increases were in evidence.

What had been occurring on these historically liberal campuses had already begun during the first term of the Reagan administration.

Conservative activists, small in number, with scant resources, had begun to make themselves visible on campuses where there existed a vocal and entrenched Left minority. At Harvard, Dartmouth, Columbia, Berkeley, and Michigan, they

started alternative journals through which to propound their ideas and rebuke the actions of the radical Left. Since 1984, these journals have proliferated. Today there are over 30, and they symbolize the rise of the college conservative movement.

So, the college conservative movement, through the growth of these journals, has developed a niche on campus. And the national'media can claim that, because of these journals, conservatives and their ideas are now accepted in these former bastions of radicalism. And the conservative activists, satisfied with their quick success (it only took six years), are beginning to proclaim victory.

And that is precisely the problem, for with that satisfaction has come complacency. As a result, the conservative movement has not matured. While it is true that conservative activists have brought the "other side" into the campus debate, they have not attempted to exhibit to the rest of the campus why they are preferable to the radical Left.

Once they accomplish that, they can claim success.

How, then, can the conservative movement attain this needed maturity? The best place to start is, in fact, with the "alternative" journals. First, they should drop the "alternative" label. By using this label, the conservatives allow their ideas to become locked in an alternative mind set, thus remaining on the outside. Rather, they should strive to enter the mainstream.

In this case, the mainstream is the large group of students in the

middle who are witnessing this 'new debate between the two ideological extremes and who, at the same time, are being ignored by these two groups.

First, the conservative journals should aim to become a forum for the rational discussion of issues, representing different viewpoints. In the pages of these journals, their writers so often use their best rhetorical skills to discuss the merits of an open, democratic society. Well, it is now time for them to heed their own rhetoric. Second, they must not devote their journals solely to politics.

Third, and perhaps most importantly, they should acknowledge the fact that moderates and liberals are people too and are fairly good writers as well. What I mean is that these journals should not exclude people because of their poli tical beliefs.

The college conservative movement is at a point in its existence where it must lose its complacency, the result of the quick success it achieved during the first six years of the Reagan administration. It must prove that it is not the functionary of a popular president. Moreover, conservatives must convince the campus of this.

A look back at our "fearless" baseball predictions: The author of the picks, who is now in hibernation at SUN(n)Y Albany, studying Librarian Sciences or something, mucked up. The most egregious screw-up was in the American League East. Clever Chuck chose the Cleveland "102-10ss" Indians to win the division. And he picked the Tigers to finish 6th. Come on! Even in April, the Tigers had the talent to finish at least third. What do you expect from a Yankees fan?

We bet that Vice-President Bush wishes he had enough voodoo left to make his faux pas, or faux mots, or whatever, disappear.

Maybe a Soviet engineer should design Bush a muzzle ....

**

MSA held its first annual Earthfest on Saturday, September 26. Given that this was a Football Saturday, the event was poorly attended.

Therefore, one should always remember the "Seven Ps:" Proper Prior Planning Prevents Piss Poor Performance.

••

Six dwarves and counting ... from the looks of things, we'll be out a feature by Christmas. So, watch for Election '92 in January.

Bo's boys had a great first half versus Wisconsin but got bogged down in a sloppy second half. Not to worry. This too shall pass.

••

In case you didn't know, Jessica Hahn was born again in the pages of Playboy. Funny, the birthday suit doesn't look that new ....

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Seth B. Klukoff is a senior in Political Science and Editor-in-Chief of the Michigan Review.

** But the now-free-tospeak-his-mind Hart did impart some profound wisdom to the Undergraduate Philosophy Club: "The country is a mess." He should know .

••

••

Hey, did anybody realize that the campus is boring? Where's all the action? Are the activists on strike? Where are the scabs?

The Free Press reported that Gary Hart's honorarium was a whopping ten thousand dollars.

Well, ten thousand divided by five hundred attendees minus $.5-8 per ticket equals a loss of over six thousand dollars. At least Gary got something out of it. ...

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October 1987 7

The Michigan Review 6

From Suite One

Where's the Other Side?

The University of Michigan, being an eminent institution, has attracted many eminent speakers.

Question: Where are the conservatives? Where are Jesse Helms, Jeanne Kirkpatrick, and William F. Buckley, Jr.?

The Review sees three main reasons for this paucity of conservative speakers. First, there is simply a lack of activity on campus in inviting and securing engagements from conservative speakers.

The College Democrats will soon be hosting an admirable list of presidential candidates, including Gov. Michael Dukakis (Mass.f'imd Sens.

Albert Gore (Tenn.) and Paul Simon (Ill.). There seems to be no similar action on the part of the College Republicans to bring in candidates.

Of course, it is not entirely accurate to maintain that there have not been any well-known conservative speakers on campus recently. It has become a very hostile environment for conservative speakers.

Vice-President George Bush faced protests when he came to Michigan for the 20th anniversary celebration of the Peace Corps. Former President Gerald Ford and Attorney General Edwin Meese faced snowballs and eggs.

The final blame for the lack of conservative speakers on campus must be placed on the conservative speakers themselves. In some cases, they seem wholly inaccessible. Despite the importance of Michigan in the Republican presidential nomination process, none of the Republican candidates have been here since late 1985.

In other cases, the speakers seem intent upon proving the myth that all conservatives really do care about is money. Mr. Buckley, for instance, charges a staggering $15,000 for each speech. This is simply an out-of-the-ballpark figure.

A liberal education does not mean being exposed only to liberal viewpoints. It is essential that students be given the opportunity to hear from some of the leading conservative advocates of our time.

Conservative speakers must be more actively recruited. This campus must change its attitude toward allowing conservatives their First Amendment rights of free speech. And conservative speakers must realize the importance of getting their messages across to the nation's campuses, and not be so aloof and costly.

United We Stand ...

At the recent Michigan Republican Conference on Mackinaw Island, a state senator, who supports Vice-President George Bush for the Republican presidential nomination, confronted the Rev. Pat Robertson, who had just concluded a speech, and, in apparent anger, asked him if he "personally condoned" some of the activities of his Michigan backers. Similar incidents have occurred since the beginning of the bitter three-way race between Bush, Jack Kemp and Robertson for delegates to Michigan's January 1988 Republican Convention, the first official contest of the primary season. As a result, the Michigan Republican Party is dangerously divided at precisely the time when their collective energy should be devoted to unseating Democratic incumbent Sen. Don Riegle, who some political analysts call vulnerable.

Instead of building their party, the Republicans have factionalized into two warring camps-the Kemp-Robertson coalition and Bush supporters-and have engaged in petty arguments over delegate selection and in name calling.

Competition over ideas within the two parties is healthy, for it prevents the parties from becoming ideologically rigid and homogeneous. Moreover, the parties should attempt to forge a consensus among the competing ideas. With this consensus comes unity, the ideal to which both parties strive.

Once unity is achieved, the parties are better equipped to reach their ultimate goal: victory.

However, when this competition leaves the realm of rational debate and becomes a medium for personal attacks and infighting, the parties lose.

And the Michigan Republican Party, with roughly a year until election day 1988, is heading perilously down that path.

Letters ........................................................................................................................

PopUp So there are no forms of pop other than soda pop? Really?

Lollipop; Pop tarts; pop psychology; pop quiz; popcorn; Pop-up books; Pop'n Fresh dough; Pop Goes the Weasel; pop music; The Boston Pops; bubblegum pop (as in "Yummy yummy yummy /rve got love in my tummy" or "Sugar, honey honey / You are my candy girl/ And you got me wanting you"); Hop on Pop by Dr. Seuss; "Hey, Pop, can I borrow the car keys?" The list goes on, but I've made my point.

No matter what linguistic arguments you use, the fact remains that non-alcoholic carbonated beverages are soda.

I'll bet you guys are also in favor of the designated hitter rule.

Marc Whinston

Praising Madonna Recently, I read an interview with Madonna in Rolling Stone.

I enjoyed the article immensely, as I am a fan of hers. In the interview, Madonna tells how she is a complex woman with many interests, feelings, and thoughts and that she expresses these with her music. Madonna also explains how she loves being a woman and how she is not afraid to show it.

After reading the Rolling Stone article, I read an article

by Kurt Heyman in the September issue of the Michigan Review. This writer has captured the same thoughts as Madonna. He presented ideas such as "Breasts are back; it's O.K. to have them again," and "Madonna has a message: being female and ambitious are not mutually exclusive." Mr. Heyman certainly has a remarkable insight into the

famous singer. The title of his article, "A Madonnalysis," is most accurate.

Steve Sowizrol

president of the Latin American Solidarity Committee. In fact, LASC has no president, only a five-person steering committee which has members serving rotating terms of four months each. Since I have not been on the steering committee for nearly three years, it would have been most appropriate to simply identify me as a member of LASe. Dean Baker

A Correction I appreciate your gIvmg me the opportunity to have an article in the last issue of the Michigan Review (September 1987).

At the bottom of the article, however, you identify me as

he Michigan Review Extends a Special Thanks to the Following People and Companies for their Donations: Mr. & Mrs. Paul F. Oreffice Allaby &Brubaker Inc. Applied Dynamics InternationaL Inc. Dr. & Mrs. Harold J. Heyman Dr. Harold Towsley Mr. Lou Velker l

October 1987 9

The Michigan Review 8

Review Forum

Review Forum

Defeat Bork

by Kristin Vanden Berg President Reagan nominated Robert Bork to the Supreme Court with the aim of furthering a political agenda he has been unsuccessful in winning while in office, and which was most recently rejected in the 1986 congressional elections. The appointment of Robert Bork would perpetuate this agenda for decades beyond the end of Reagan's "mandate."

He has selected Judge Bork because of Bork's narrow interpretation of individual rights under the Constitution.

Bork's interpretation is clothed in the language of "judicial restraint" or "strict construction."

Under this theory, he advocates an extremely limited role for the judiciary while promoting much expanded powers for the executive and the legislature.

While President Reagan conveniently envisions a narrow role for the Senate in approving or rejecting his nominees, judicial philosophy is of critical importance to an appointee's service on the Supreme Court.

The Senate's reaction to Robert Bork's nomination reveals that it considers Bork's constitutional philosophy an important aspect of his qualifications. Moreover, the history of Supreme Court appointments supports the Senate's interpretation.

So the question becomes "What is the judicial philosophy of Robert Bork, and how will this philosophy affect the future of individual rights under the Constitution?"

Bork's basic Constitutional philosophy is that, where the Constitution is not explicit, the Court must look primarily to the

"intent of the framers" to determine what was meant, and that prior Supreme Court decisions should be reconsidered if he finds that they do not follow the "intent."

This idea of finding a "framers' intent" is at first glance seductive: let us have judges use the text and history of the Constitution when deciding cases, rather than their own views. "But the problem of ever determining a single "intent" out of the Constitutions's history of political compromise and a plethora of "framers" is daunting. Most theorists end the search here, determining that in the selection of a particularized intent from this muddle, so much subjectivity is required that the objective appeal of Bork's philosophy is lost.

An understanding of which principles the framers intended to protect through the Constitution is necessary to any judge when deciding cases. Each judge and theorist attempts to understand the document as a whole and develop a consistent set of principles for its application. Because there are no absolutes, reasonable people differ concerning which principles are correct.

Judge Bork, however, believes that his own interpretations are correct in an absolute sense. He does not attempt to demonstrate how his views are more accurate reflections of what the language of the Constitution was intended to mean. Instead, he accuses other justices of making "lawless" and "unprincipled" decisions. It is this insensitivity to the merits of other positions in the debate that sets Bork

Confirm Bork apart and makes him so dangerously willing to overturn current Constitutional law.

The Supreme Court has always had to interpret Constitutional language that provides no exact answers.

Judicial precedent has been an integral part of the Constitution as law. However, Judge Bork has forcefully indicated that he believes that prior decisions should always be subject to reconsiderations. This lack of deference to precendent, a basic legal principle, has inspired much of the questioning by the Senate Judiciary Committee.

While he has told the committee that he will respect precedent, this statement does not gibe with the language of his scholarly work or his opinions.

When coupled with his substantive views, Bork's tenuous regard for precedent becomes frightening to those who have come to consider their indi vid ual liberties firmly entrenched in the law. It is particularly frighteneing to those who rely on the courts to protect their civil rights.

His views are extreme. The following are among them. He has written that the First Amendment protects only "explicitly political speech," not artistic or scientific speech, so the state may regulate the See page 28

Kristin Vanden Berg is a law student and a member of the University of Michigan Chapter of the National Lawyers Guild

by David Katz Should Judge Robert H. Bork be confirmed? If the answer is either yes or no then the wrong question has been asked. The question that should be asked is: "Do we wish to place someone on the Court who we think would approach constitutional questions differently than retiring Justice Lewis Powell?"

Having changed the question, it is easy to reconcile how the United States Senate could reject President Reagan's nomination of Robert Bork to the U.S. Supreme Court even though they unanimously confirmed his nomination to the U.S. Court of Appeals for the District of Columbia in 1982.

Because the Senate is now deciding which side the fifth vote in a potential 5-4 decision will take, it makes no difference whether the nominee is Judge Bork or (if history could be changed) Antonin Scalia. Having posed the question, I shall devote the rest of this article to demonstrating why the answer to my question should be a qualified "yes."

Assuming that it is possible to predict with any reasonable accuracy how Judge Bork will vote if he is confirmed, the country would be much better off if the new justice employed a philosophy of judicial restraint instead of judicial activism. Because these two buzz words appeared frequently during the confirmation hearings, it would be best to define them.

A judicial activist approaches constitutional interpretation with an instrumentalist philosophy.

That is, the first question he asks is: "will the result of my decision be good or bad?" This result-oriented approach to the judicial review of the Constitution and legislation may at first sound appealing.

Instrumentalism is, however, a

double edged sword. If you agree with the result of the decision then you are satisfied. If you do not agree that the result is good then you may have to wait until the composition of the Court changes and a new majority agrees with you. An historical example of instrumentalism at its worst occurred when the Taney Court handed down the Dred Scott decision (1857) and, in order to achieve an instrumentalist goal of preserving the Union, declared that Blacks, free or slaves, could never be citizens.

While instrumentalism is a necessary condition to being a judicial activist, it is not sufficient enough. Judicial activists must also implement their instrumentalist decisions by acting like a legislature.

The legislature is responsible for the making of legislative policy and for amending the Constitution in order to deal with any policy that is not directly addressed in the Constitution.

Activist judges usurp these legislati ve powers by creating policies or finding rights in the Constitution which do not exist in order achieve a desired result.

On the other hand, an advocate of judicial restraint applies a statute or the Constitution to a question before the Court and makes a decision regardless of what the social implications of that decision may be.

If the result is not acceptable, then it is the prerogative of the people, acting through their elected officials, to modify the law or the Constitution in order to achieve a socially-desirable end.

Having recognized that Judge Bork is an advocate of judicial restraint, it is impossible to decide how he will vote in cases affecting women or

Blacks or abortion or any other issue because Bork will view each case by applying the facts or the statute to the Constitution. He will not ask how his decision will affect the welfare of a sector. Moreover, if indeed he is an advocate of judicial restraint, he will not create a legal principle which is not in the Constitution. He fears that this principle will assume a life of its own and may later be used in a way in which he did not intend it.

To illustrate the difference between Judge Bork's philosophy and those who oppose him, let us consider the proposed Code of Nonacademic Conduct as an example. Those who oppose the Code do so because they believe it violates a student's Fourteenth Amendment right to due process under the law by circumnavigating the civil judicial process. The University administration favors a Code because it could be used to punish those who disrupt the university community by (for example) destroying the shanty or committing other racially offensive acts. That the due process clause of the Fourteenth Amendment is an established legal principle is See page 28

David Katz is a Senior in LSA, majoring in Chinese and Economics.

In addition to being the Publisher of the Review, in the summer of 1986 he authored a paper on the Taney Court under a research grant from the National Endowment for the Humanities.

The Michigan Review 10

October 198711

Michigan's Leaders .... ................. ... ... .... ..... ..... ..... ..... ... .... .. ......... ..... ..... .. ... ... ... .... .

Campus Affairs ...... ....... .. ......... .... .. .. .. ...... .... ... ..... ...... ....... ... ....... ...... ..... .... ........... .

Jesse Levi ne

Inventions at the "U"

by Stephen George It would be impossible to examine the University of Michigan College Democrats without looking at the contributions of Jesse Levine. As the president of this influential group, Levine has played a key role in revitalizing its on-campus activity.

Yet, Jesse Levine operates largely outside the campus leader spotlight.

Born in Washington, D.C., and raised in a politically active family, Levine may seem ideally suited for involvement in politics.

He said that he was always given full license to develop his own opinions and ideas. Yet, Levine says that it took college to bring out the active interest in politics that he enjoys today. ''Poli Sci 111 helped a lot," he said, noting that his firstyear classes, added to an interest in the history of conflict and political problem solving, inspired him to become active in politics.

During his sophomore year (1986-7), he became an active member of College Democrats. "I always signed my name with three stars next to it, indicating that 1 was willing to do extra work." By attending the functions and showing his enthusiasm, Levine came to the attention of the active core of the group. His efforts paid off, and in March of this year he was elected to the presidency of College Democrats. Working with his newly elected staff, Levine organized a mass meeting within three weeks after assuming the office.

The new "core board," as the group terms its executive committee, sought to develop a list of active members and get them involved and interested. With this list of about 35 names, Levine went into summer recess with most of the tools necessary to organize the group.

While interning this summer with Sen. Carl Levin (Mich.), Jesse made

contacts with Democratic politicians volunteering for special events on many levels as well as other sponsored by state and local t politicians. ~ 2) Teaching the issues: Levine says -:;Q.I that College Democrats is not a • ~ placp for teaching ideology, but ] rather a forum that teaches • •l1li 8 bipartisan awareness, explaining .£' the issues and allowing the .E individual to make a decision based ] on his or her own beliefs. "I have ~ very strong views," Levine said, ''but I'm not forceful about them."

Rather than endorsing candidates, the College Democrats serve as a Hason to their ideas.

3) Encouraging computer literacy: This may seem out of place, but Levine heavily stresses this element. He believes that this is one of the best methods for chapters of College Democrats and organizing and communicating some party officials. Their insight within the group, and his group is at helped Levine to develop the the forefront of computer direction of the organization. application. Last month, College Having gathered these resources, Democrats became the first-ever Levine conferred with his core board student organization to register its in order to define the goals and members for MTS Student Request purposes of the College Democrats. Accounts during a meeting. With the They came up with three basic help of Tom Ligenza, the group's purposes they thought the group computer coordinator, all members are being linked up through the MTS should serve: message system and given personal 1) Getting people active: Much of training in the fundamentals of the group's activities concern terminal operation. In this way, canvassing. The College Democrats costs for the group are reduced and take an "advise and coordinate" the effectiveness of PR campaigns is position, uniting people who are improving. interested in canvassing with campaign managers.

College Democrats is "a way for students to See page 23 affiliate themselves with other Democrats and to meet each other," according to Suzanne Saunders, the group's vice-president. Levine adds, "It's more fun to work with people who are in the same boat. We do Stephen George is a junior in essentially whatever our members Chemical Engineering and a staff want to do." Other activities writer for the Michigan Review. include staffing offices or

by Ryan Schreiber Attention all facuIty and staff! Imagine that you have just created the most revolutionary piece of technology available to mankind. Of course, you are worried that there is an evil competitor lurking in the shadows behind you attempting to steal this most precious machinery's secrets.

Now, in which direction do you turn to receive a patent for this world-wide panacea?

The Intellectual Properties Office has, as of last July, changed its policies to accommodate you, the inventor, with more options to commercialize your latest invention.

The Intellectual Properties Office, directed by Mr. Robert Gavin, is designed to assist the faculty and staff at the University of Michigan in the commercialization of a product.

The main goals of the office are to evaluate a staff member's product, employ market research to secure a patent, and attain a license for the private sector. Recently, though, an additional policy approved by the Regents last July has been put in effect solely for the benefit of the inventor. The basis of this new Intellectual Properties Policy is to establish its objectives, add options for the inventor, and increase royalty distribution.

In the past, the primary objective of the organization had gone unstated. But now, its main purpose is "to provide services to University facuIty and staff in carrying out the University's mission." Within the policy, there is a crucial

addition to the options for commercialization.

Previously, the only feasible wayan inventor could license without University involvement was if "the University is not confident of the commercial potential [of the product] ."

Now, an irtventor can apply for reassignment of ownership and gain a majority of incoming revenues. On the other hand, if an inventor chooses to utilize the services of the Intellectual Properties Office, he or she will gain considerably in royalty distribution above $200,000. The inventor's share,

in contrast with that of the administration and investors, is almost twice as much as its previous amount.

Faculty and staff never need to fear the threat of a competitor's scheme, for, with this new policy, the Intellectual Properties Office is there to help commercialize, protect, market, and license a product for the complete benefit of the investor.

Ryan Schreiber is a freshman in LSA and a staff writer for the Michigan Review.

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The Michigan Review 12

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A Chat With Mayor Jernigan

The Hidden World of PIRGIM

by Leonard Greenberger Last April, City Councilman Gerald Jernigan was elected mayor of Ann Arbor in an upset victory over incumbent Edward Pierce.

Six months later, Mayor Jernigan has become comfortable with his new job and is confident that the handicap of being a Republican mayor with a Democratic-controlled city council can be overcome.

Not that Mayor Jernigan has been without success these past several months .

In an interview with the Michigan Review, the mayor cited legislation passed authorizing the clean up of Ann Arbor's North Main Street area and a plan to look at alternatives for increased housing downtown as his top accomplishments since assuming office.

The mayor hopes that after a settling in period, he and the city council can begin to work on new housing projects and increase the police force to provide greater protection downtown.

One housing plan being considered is the construction of a downtown parking garage/apartment building complex, yet the plan has already been criticized by residents near the proposed site of the complex, and the mayor expressed concern that the project may be killed. Mayor Jernigan opposes ren t stabilization as a way to improve housing in Ann Arbor.

He explained that to his knowledge, this policy has never succeeded elsewhere, and he does not believe it would benefit the housing situation in

the long term. Instead, he favors working with the university and the city council to obtain rezoning changes, thereby making it possible to construct higher-density housing for students and single

family homes for new residents in previously inaccessible areas.

The mayor's second top priority is to increase the police presence in downtown Ann Arbor. He listed possible alternatives as a $100,000 three-horse mounted police unit and the use of cadets to perform certain routine police functions, enabling experienced policeman to concentrate on patrolling the streets. The mayor wants to make downtown safer for both students and residents so that they will be more likely to shop and dine in the area at night.

In a separate police matter, the mayor discussed Democratic Councilman Jeff Epton's proposal to establish a

task force to examine Ann Arbor police procedures, particularly those used during the Art Fair incident at the corner of South University and Church Street last summer.

One night during the fair, hundreds of students and visitors congregated outside Rick's, and the police were called out to disperse the crowd.

In the past, according to the mayor, such studies have concluded that the Ann Arbor police acted responsibly in dispersing unruly crowds.

Mayor Jernigan was present at the dispersal of students during Art Fair and believes the police acted responsibly. He is doubtful that he will support Epton's proposal.

Instead, the mayor favors working with university officials and student leaders to prevent the need for police action in the future. The mayor cites his recent meeting with the chief of police and the university's Inter-Fraternity Council president as an example of this policy.

Mayor Jernigan has only been in office a short time, but he has managed to get some important legislation passed.

Leonard S. Greenberger is a senior in Political Science and Communications and is Campus Affairs editor of the Michigan

Review.

by Steve Angelottl The Public Interest Research Group in Michigan (PIRGIM) has been on the University of Michigan campus for 15 years. For almost all of that period, the group collected money from students at registration: students could sign a form on their SVF to give to the group.

My own experience with PIRGIM began at Orientation back in 1979.

It was three months after Three Mile Island and the sexy activist issue was nuclear power. So the PIRGIM representative at registration played up his group's anti-nuclear position to get me to contribute. In doing so he began to make up "facts" about the risks of nuclear power and the amount of radiation released at TMI. I was fairly well-informed on the issue, was unimpressed by the PIRGIM worker's argument, and did not contribute money.

That experience provided me with a lesson: One of PIRGIM's top priorities is to get money. In at least one instance, a member of the group was willing to lie to try to get money. So I was cautious when I listened to or read about PIRGIM. This is not to suggest that PIRGIM exists to mislead people. Those who are employed by or volunteer for PIRGIM . believe strongly in what they do. The problem with sincere belief in one's actions is that it can lead to self- righteousness a la Ollie North: Acts are justified by their ends (helping PIRGIM get the money to work on its concerns) rather than by their morality. This shortcoming has occurred on several occasions in my experiences with PIRGIM. PIRGIM has tried on three occasions this decade to institute a "negative check-of" through a petition drive. Under a negative check-off, students would be forced

to donate to PIRGIM unless they signed a form stating they did not wish to give. Upon hearing of a planned 1983 PIRGIM pe tition drive, several of us, led by Dan Baker, an engineering student, decided to respond. If PIRGIM wanted to push one way on the issue, then the Student Committee

PIRGIM's massive outside resources and its future need to have supporters on MSA could wreak havoc on future elections. Other MSA reps shifted from a pro-PIRGIM position to one of opposition. for Reform and Progress (SCRAP) would push the other way: to get PIRGIM off the SVF altogether.

We started our petition drive one week before PIRGIM's. Considering that we spent less than $100, the response was tremendous-7,000 signatures in one week. On the Diag our petitioners were mobbed by people thanking us for the opportunity to sign. In spite of three weeks of petitioning, hundreds of posters, and endorsements from progressive public officials such as Perry Bullard and the Detroit City Council, PIRGIM convinced just 5,250 to sign.

PIRGIM's response to our group was arrogant. Their workers were sent to argue with us, diverting us from solid ting signatures.

Moreover, they ridiculed us in the media, then, after seeing our success, they began to attack our

intentions. PIRGIM was trying to better the world, how could anyone oppose them? Never mind PIRGIM's clear stands on controversial issues, which angered many. Never mind PIRGIM's demands for funding privileges granted to no other group on campus.

Never mind their proposal's inherent unfairness, where non-donors had to take action to avoid funding the group.

As the March 18, 1983 Regents vote approached, PIRGIM became worried. Soon the Michigan Daily carried a story in which PIRGIM claimed that SCRAP was a conspiracy of the National College Republicans . The charge was completely false and PIRGIM knew it.

Furthermore, the charges were upsetting. While we had always been honest, PIRGIM had manufactured a lie and promoted it.

The event spoiled our naivete-we had believed that each side would garner support, make its case, and hope to win. PIRGIM's dishonesty and its ability to use the Daily to push a false story were disturbing.

PIRGIM received a two-year extension, with a warning by the Regents to increase its support "or else" . PIRGIM support did not increase between 1983 and 1985, rather it declined to below 10 percent. The contract between PIRGIM and the University was terminated as of December 1985.

See next. page

Steve Angelotti is a graduate student in Public Policy and is an Executive Editor of the Michigan Review.

The Michigan Review 14

October 198715

Election '88 Continued from previous page

In 1985 PIRGIM signed a canvassing contract with the Fund for Public Interest Research in Boston. The Fund began to run a statewide PIRGIM canvass, to solicit money from citizens and to garner support for PIRGIM's lobbying activities. The canvass paid off quickly, as PIRGIM rapidly pulled out of debt and started to run large surpluses of over $25,000.

In February 1986 PIRGIM began a new petition drive for a refusable/refundable/waiveable fee (one where students would have to take action to avoid giving to PIRGIM). Dan Baker and I, posing as ignorant students, talked to PIRGIM petitioners. It became clear that most petitioners were not informing students of the nature of the fee. They would ask students to "sign for a stronger PIRGIM" but would not give details of the plan unless pressed to do so.

In September 1986, PIRGIM claimed 16,874 signatures. The Regents made it clear that they would not endorse a refusablel refundable system. Regents Paul Brown and James Waters suggested that PIRGIM turn to MSA for funding. The groups negotiated amidst much controversy. During the talks, MSA President Kurt Muenchow became more and more concerned about formal links between MSA and PIRGIM. PIRGIM's massive outside resources and its future need to have supporters on MSA could wreak havoc on future elections. Other MSA reps shifted from a pro-PIRGIM position to one of opposition. In all cases, those who had changed their minds felt that they had been repeatedly misled byPIRGIM. Eventually, a proposal for a refundable fee was placed on the March 1987 MSA ballot. PIRGIM poured thousands of its canvass revenue in to a "SAVE PIRGIM" campaign.PIRGIM's finances were the issue in their heavily-financed

campaign. PIRGIM's audits, which were released to MSA but not to the public, indicated that the group was running huge surpluses. PIRGIM members would later claim that outside canvass money could not finance campus activities, but canvass money did finance the thousands of PIRGIM posters on campus.

As Bhusllan said after the MSA vote, /II voted in favor of integrity and against my ideology and lost, but I feel a lot better about myself路/I Our group, the reconstituted SCRAP, spent $114 on the election.

All we could afford was a last-minute blitz. We hung our posters just before the election. I talked to PIRGIM Program Director Andy Buchsbaum about postering and he promised that PIRGIM would not interfere with our campaign. PIRGIM supporters on MSA (without authority) declared our group and posters illegal. MSA Election Director Ann Shanahan "accidentally" showed the posters I had submitted (prior to posting) to PIRGIM. One PIRGIM supporter offered money to a SCRAP worker, Roberto Frisancho, trying to get an advance look at our posters. When we put up our posters, almost all of them were all torn down wi thin hours, even within minutes. The 11 th Commandment: "Thou shalt not oppose PIRGIM's goals" was enforced again.

Because we were greatly outspent, and our campaign had been completely vandalized, and because we had worked against a group which used a fallacious slogan "SAVE PIRGIM", it is not surprising that we lost big.

I was elected to a seat on MSA and began to read the documents PIRGIM had given to MSA. The attitude of MSA's members during summer 1987 proved to be interesting. MSA was clearly not as pro-PIRGIM as outsiders would believe. MSA President Ken Weine voiced public support for PIRGIM. In private he would attack PIRGIM employees' integrity and tactics, admit that Kurt Muenchow was right to oppose PIRGIM, and listen sympathetically to tales of PIRGIM deceit. Weine felt that he could not take a public stand against the group because he had been elected on a pro-PIRGIM platform. Others elected on his slate felt differently.

In May and June 1987, MSA Rep. Jon Bhushan, who was chair of External Relations, a former president of the College Democrats, and a PIRGIM worker, began to ask questions about the PIRGIM canvass. He wondered how PIRGIM could have dozens of canvassers, a $100 average canvass per day, and still raise only $37,000 in summer 1985. PIRGIM Program Director Andy Buchsbaum told Bhushan that the canvass took in much more money in 1986. Bhushan found that the canvass was only $36,000 in 1986. Intrigued, he began to ask questions about PIRGIM's relationship to the Fund for Public Interest Research. The answers he got disturbed him, so he asked, as an MSA member, for copies of the Fund's audits.

Buchsbaum asked to meet Bhushan and began to scream at Jon. "You're stabbing PIRGIM in the back" by asking questions about the Fund. Buchsbaum told Bhushan not to tell me about PIRGIM's relationship with the fund.

Bhushan could not understand what the problem was-he was innocently asking for more information and was accused of betraying PIRGIM. Seepage 23

Its Dole VS. Dukakis!

by Marc J. Selinger If students at the University

..

of Michigan have their way, then Gov. Michael Dukakis (D-Mass.) and Sen. Robert Dole (R-Kan.) will be the favorites to win the presidential nominations of their respective parties.

This is what the Review has discovered from its presidential preference poll conducted among U-M undergraduate and graduate school students. The poll also proves a widely held belief that the campus population has more liberals than conservatives, and that Democrats outnumber Republicans.

During the campus Festifall on September 18, the R evi ew randomly surveyed 411 students, asking them, "If the general election were held today, for whom would you vote?" Out of the total sample, 152 cast votes for Democratic presidential contenders, 108 voted for Republican contenders, 20 voted for other people not listed on the questionnaire, including Democratic and Republican non-candidates, and 131 were undecided. Although the Rev. Jesse Jackson and Vice-President George Bush have the lead in the August-September 1987 Gallup Poll results, which are the national results referred to throughout this article, Michael Dukakis received the highest number of Democratic votes and Robert Dole received the greatest amount of Republican votes in this U-M campus poll.

Among the Democratic candidates, Dukakis was victorious with 42 votes or 27% of the total Democratic vote.

Following him were Jesse Jackson with 33 votes or 22%, Sen. Joseph Biden (Del.) with 27 votes or 18%, Sen. Paul Simon (Ill.) with 23 or 15%, Rep. Pat Schroeder (Colo.) with 12 or 8%, Sen. Albert Gore (Tenn.) with 7 or 5%, Rep. Richard Gephardt (Mo.) with 6 or 4%, and former Gov. Bruce Babbitt (Ariz.) with 2 or 1 %. Other vote-getting Democrats who have indicated they will not enter the race include former Sen. Gary Hart (Colo.), Gov. Mario Cuomo (N.Y.), former Vice-President and 1984 Democratic presidential nominee Walter Mondale, and Sens. Bill Bradley (N.J.) and Sam Nunn (Ga.).

These non-candidates, however, received no more than five votes each.

On the Republican side, Robert Dole came in first place with 52 votes or 48% of the Republican voters. Other G.O.P. candidates receiving votes were Vice-President George Bush with 31 or 29%, Rep. Jack Kemp (N.Y.) with 15 or 14%, former Gov. Pete du Pont (Del.) with 5 or 5%, the Rev. Pat Robertson with 3 or 3%, and Gen. Al Haig with 2 or 1 %. Former Secretary of Transportation Elizabeth Dole, who is not a candidate, received one vote.

Besides researching presidential preferences, the Review inquired about partisan and ideological leanings.

Pollsters asked students, "Do you identify yourself as a Democrat, Republican, independent, or other?" Of the total sample, 145 or 35% of the students identified themselves as Democrats, compared with 99 or 24% as Republicans. Another

134 or 33% labeled themselves as independents, while 34 or 8% said they were affiliated with another party, such as the Libertarian Party.

When asked, "Do you consider yourself to be liberal, moderate, or conservative?", 125 or 30% of the total sample answered "liberal" versus only 51 or 12% who labeled themselves as "conservative". An additional 191, or about half, said "moderate," 35 answered "don't know," and 9 felt that their ideologies did not fit the spectrum (e.g., a libertarian).

The presidential portion of the survey showed significant differences of opinion between U-M students and the national population.

For instance, Michael Dukakis performed best among the Democrats in the Review poll, whereas nationally he has not emerged as a front-runner. One reason for this discrepancy may be the large representation on campus of people from the region encompassing Massachusetts.

More significantly, his policies, which are considered New Dealish and liberal, seem to coincide with those of many U-M students. As one student, Josh A vijad, commented, "Hart is ou t of the running. I've read up on Dukakis and he sounds good." Several other students See next page

Marc J. Selinger is a sophomore in LSA and the Personnel Manager of the Michigan Review.

The Michigan Review 16

Election '88 ~

c~~. _

Election '88

__________ ;,.;~·.· ·:. ;. . .;,._·_· ·-_ ___·~_______. . _._-"" ..........."'i ..

..

..

-

October 198717

Continued from previous page

Continued from previous page

credited Dukakis for managtng Massachusetts's economic boom and for serving as a sufficient ideological replacement for Gary Hart, who was the front-runner before the Donna Rice episode forced him to withdraw from the presidential race. Dukakis was clearly one of the big winners in the Review's campus poll.

Joseph Biden also performed better at U-M than he has around the country. He has been rated near the bottom in national polls but placed third among the Democrats in the Review poll. Less than one week after the campus poll was conducted, however, the Delaware senator withdrew from the race after he was accused of committing several acts of plagiarism. His segment of the vote is now left for the remaining candidates to capture.

Nevertheless, it appears that Michael Dukakis will benefit the most from Eiden's departure since Dukakis is now the only Democrat from the Northeast expected to run.

Only a few days after Biden announced his withdrawal, Patricia Schroeder chose not to run for the Democratic Party's presidential nomination. Her decision came as a suprise to many political observers who expected her to become a candidate. Now those who supported her, including the twelve U-M students who voted for her in the Review poll, are likely to line up behind the six remaInIng Democratic contenders. Michael Dukakis, Jesse Jackson, and Paul Simon, however, will probably attract most of her supporters since they, like Schroeder, are identified as being the more liberal candidates in the

Democratic field.

Ironically, former U.S. Ambassador to the United Nations Jeanne Kirkpatrick, a Republican, could benefit from Schroeder's decision since she is now the only woman who has a significant chance of obtaining a major party's presidential nomination in 1988.

Meanwhile, Jesse Jackson scored lower in the campus poll than he has in national ratings.

Although few political observers or experts expect him to win the election, Jackson has so far received more national support than any other Democratic con tender.

However, the campus's relatively low representation of blacks, which is Jackson's primary block of political support, may explain why he only placed second. Moreover, not all blacks, at least at U-M, appear to support him. As Norris Shaw, a black student, said, "There are other blacks more qualified to be president.

[Jackson is] more mouth than action." Even though Jackson visited the U-M campus last spring and gained significant publicity from the trip, he failed to secure at U-M the firstplace status he possesses nationally.

While the campus sentiment toward Democrats varied from the national feeling, so did U-M's attitude toward Republican candidates. Robert Dole won by a sizable margin over Vice-President George Bush, who is considered the national front-runner among the Republicans.

The Kansas senator may have outpolled his nearest rival due to recent publicity. During the week in which this poll was taken, Dole's wife, Elizabeth Dole,

See next page

If the general election were held today, for whom would you vote?

REPUBLICANS (EXPECTED TO RUN)

411 students responded DEMOCRATS (EXPECTED TO RUN)

NO. OF VOTES

Mike Dukakis Jesse Jackson Joe Biden Paul Simon Pat Schroeder AI Gore Richard Gephardt Bruce Babbitt TOTAL OEM. VOTE

% OF OEM. VOTE

Robert Dole George Bush Jack Kemp Pete du Pont Pat Robertson AI Haig

% OF TOTAL VOTE

42 33 27 23 12 7 6 2

27 22

10 8

18 15 8 5

6 5

152

100

TOTAL REP. VOTE

3 2 2

4

NO. OF VOTES

% OF REP. VOTE

52 31

48

15 5

14

% OF TOTAL VOTE

12 7 3

29

3 2

108

5 3

2

100

26

1 37

Do you consider yourself to be liberal, moderate, or conservative?

Do you identify yourself as a Democrat, Republican, independent, or other?

411 students responded.

411 students responded.

IDEOLOGY

VOTES

% OF TOTAL VOTES

Liberal Moderate Conservative Don't Know Other

125 191 51 35 9

30 47 12 9 2

411

100

1

PARTY AFFILIA TlON

Democrats Republicans Independents Other

VOTES

% OF TOTAL VOTES

145 99 134 34

35 24 33 8

411

100

See next page

October 198719

The Michigan Review 18

Continued from previous page announced her resignation as Secretary of Transportation in order to campaign for him. The media attention she received may have boosted Dole's name recognition and popularity in time for the poll. In addition, many U-M students believe that Dole has proven himself through his extensive experience and that VicePresident Bush, his closest rival, has failed to distinguish himself as a dynamic leader. As one student, Brian Woerner, said, '1 thought he (Dole) was a pretty effective leader as senate majority leader." Moreover, Dole's relatively moderate policies may appeal to U-M students more than the conservative ones espoused by Jack Kemp, Pat Robertson, and Pete du Pont. Dole, like Michael Dukakis, was clearly a big winner in the campus poll.

While Dole performed well at U-M, the representatives of the right wing of the Republican Party did not. Pat Robertson, for example, garnered only three votes in the campus poll despite having taken control recently of the Republican Party organization in Michigan and having won a straw poll conducted this September in Iowa. Nevertheless, he draws most of his support from Protestant fundamentalists, few of whom attend U-M. He is also identified as being one of the more conservative Republican candidates, a characteristic that has little appeal on such a liberal campus. Hence, the Review poll demonstrates that campus support for Republican candidates such as Robertson, as well as campus support for Democratic ones, differs greatly from the national attitude.

What does not seem to be unique to the U-M campus is the large portion of undecided students.

Approximately one-third of the voters were

Essay .. ........................................ ................................................................................ .

Election '88 undecided as to who should be the next president.

This statistic, which mirrors national results, demonstrates that many U-M students are not familiar with the candidates and have not yet considered the election, which does not take place until next year.

With such a high number of uncommitted voters, it is clear that the presidential race is not yet decided at U-M even though Michael Dukakis and Robert Dole appear to be favored.

The Review poll also proves the commonly held belief that U-M students as a whole are much more liberal than the citizenry of the United States.

Twice as many students consider themsel ves to be liberal as those who view themselves as conservative.

This greatly contrasts with the June 1986 Gallup Poll Report, which found that 20% of those polled nationally view themselves as liberal, 48% as moderate, and 28% as conservative.

Apparently, the liberal orientation that brought the U-M campus fame in the 1960s still thrives today despite the

nationwide conservative trend.

Finally, the Review poll indicates that U-M students favor a variety of presidential candidates, but that some candidates, particulary Dukakis and Dole, are performing better on campus than the others. But, as large as the sample (411 students) was for this poll, it still must be considered unscientific. The survey was taken on Central Campus, where, for example, LSA students spend more time than Engineering students. If LSA students are more liberal than engineers, then the poll shows a higher prevalence of liberal students than actually exists. However, the Review poll still provides a fairly useful assessment of campus sentiment and of how far each presidential candidate is from alluring the student population.

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Women and Science

by David J. Calkins That women represent an occupational minority in the scientific community both as scientists and as educators is self-evident and has been so for sometime now} That women who are involved in science rarely occupy positions of prestige, receive lower average pay than that of their male

is utterly self-governing insofar as it is entirely distinct from the scientist-the human volitionand has always been SO distinct, s elf - s u f f i c i e nt, and self-propagating. Nor do I mean that science is separate from and free of restriction in a social and ethical sense, for this is a matter of the relation between

thought and methodology arises from the impetus which is the human being as scientist.

Science then guides and constrains the scientist, who must function under the principle ordained according to that impetus.

This suggestion of autonomy raises some hardly ignorable

colleagues, leave -·-~·;;m~~!f· applicable questions. Firstly, an earlier than and menmost the often process of ,~;;~~=~~~-~-J-~--~-·-;-~-~ sense how does inthis advanced education-that is, up impetus of human intellect to and including the doctoral translate into the prescribed level-is also becoming an precepts of science as government alarmingly conspicuous fact. 2 and how might some of those The growing embarrassment of precepts be described?

And the scientific community at secondly, how does science large and the indignation effectively receive its alleged women may feel are only slowly autonomy, and why is this abated by the critical attention autonomy both necessary and d f" t t t justified?

In a word, the precepts of given to e mmg 10 exac con ex the problem and to assessing the science are the children of often complex solutions that convention: natural convention, present themselves in due time. which delimits intellectual Clearly, this issue has been convention, both of which in turn P referentially and justifiably a define and reaffirm what I will problematic concern of both call the convention of action or politics and feminism.

I would like to discuss, human convention. Natural however, the ramifications of convention is just that-the these scant numbers along impositions enforced by nature somewhat different lines, that itself, that encompassing is, not how they index a feminist phenomenon the scientist wishes issue networked in social to comprehend and, to some controversy, but how they may science and society whereas extent, manipulate. The most affect science both as a here I am addressing the overwhelming of these is, of discipline and as an analytical relation between science and the co u r s e , the lin ear goal. scientist. I do mean that science, superimposition of causation: or more precisely its theory, causes to effects to further causes The Autonomy of Science in an iterative manner (for performance, and the precepts of It is most essential in order to that performance, is autonomous See next page best understand the relation in that once the codes of between science and feminism to scientific conduct are David J. Calkins, a junior in Pure first arrive at some general established, science becomes a Mathematics, is a researcher in realization of how science can be government which is then set visual physics at the Kellogg operationally defined. apart from and, figuratively, Eye Institute and a staff writer When I speak of the autonomy above the scientist. In an ideal for the Michigan Review. of science, I cannot mean that it sense, science as a government of

The Michigan Review 20

October 1987 21

Women's Issues .. .. ......... ..

Continued from previous page

example, friction lighting a match, which produces a flame, which, correspondingly, is available for further work).

This is assumed to be an unchanging, although perhaps arbitrary, design, a natural principle or convention. For the intellect this design mandates a certain sense of basic logic: some event must present itself; from there the sensory system perceives and conveys information all of which is contingent upon the cause-effect rule of the stimulus. After reception, the information is sorted, judged as to its value, kept or thrown out, and some cognitive conclusion is reached, for example, that more information, is needed. In certain cases, so ordinary are the events that we no longer consciously note either the stimulus or the mental processes it induces. Consider gravity or certain precepts of fundamental thermodynamics (for instance, that heat flows from an area of higher concentration to an area of lesser concentration). Both of these cases, taken in a basic sense, imply that by nature there are particular unquestionable relationships or conventions that should remain unquestionable until nature itself changes. Thus, from this natural basis and the intellectual events it defines arises the possibility of and capacity for prediction, the mainstream of scientific understanding and the last in the series of conventions, that is, human conventions.

These conventions of action or human conventions (although I do not wish to imply that they are necessarily human in origin), complex and evolutionary as they may be, in some sense or another readily become a basic implement of scientific behavior.

For example, we have a lingual system in which

particular sounds are ascribed specific meanings. When they are arranged in an order detailed by convention, the "logic" of the arrangement and its meaning become clear, at least to those accepting the convention. Similarly, there is a rather unique language of science. When that language is used to describe an occurrence, relation, or some other abstraction, within a contextual limit of uncertainty, a singular meaning and no other is called forth. Think of the intricacies of an "If ... then ... " statement.

And what of the conventions of mathematics and, accordingly, probability? One is a procedure of quantitative manipulation while the other uses that manipulation to ascribe standards to the limits of prediction.

Finally, I will mention the

most crucial convention of scientific precepts-that of scientific process itself. We have chosen to some extent and have been compelled by the limits of human cognition to some extent to describe the execution of science by one particular process while excluding others that do not conform to this certain criterion.

In a general sense, that process consists firstly of defining a goal, which, in fact, is the direct result of a query pertaining to what the scientist wishes to comprehend (an arduous enough task in itself). A goal here is simply what the scientist hopes to specifically achieve by way of understanding or prediction.

Next the scientist builds a type See page 29

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The Rape Trial Verdict by

Rebecca

M.

Chung

People on this campus seeking evidence of a rape culture in American society aren't going to find it in the Griffith Neal rape trial for the usual reasons. The more vocal spokespeople on this campus have assumed that the results of this trial were due to a "blame the victim" modus operandi, a mind set which is admittedly still all-toocommon in rape trials. But Griffith Neal's acquittal did not rest upon whether or not the alleged victim could be successfully blamed for the unfortunate events of last March.

Griffith Neal was acquitted because there was reason to believe he had not committed the crime.

The details: Last spring, the "Zetas" (Zeta Tau Alpha Sorority) and the "Fijis" (Phi Gamma Delta Fraternity), were rehearsing a dance together in preparation for Greek Week. On March 19, after one of their rehearsals, the Fijis had a party with the Zetas. According to the alleged victim, she was "forced into a loft in his room, where he raped her. She said he continued when she complained of extreme pain, causing vaginal injuries which she said bled heavily for three-andone-half days" (Ann Arbor News, 9/25/87).

The trial began on Monday September 21, and it was established that sexual intercourse had occured.

On September 22, Dr. Ellen Fenner of University Hospitals testified that the alleged victim's vaginal injuries were "consistent with nonconsensual intercourse" but conceded in crossexamination that the lacerations could have had other causes"Medicine is not one hundred percent certain" (Ann Arbor News).

On September 23, a Zeta Tau Alpha member testified that the alleged victim had sustained bruises and

"vaginal bleeding following faIls during dance practices for Greek Week. At that time, the woman said she 'didn't ha~ e time to see a doctol'" (Ann Arbor News).

Another Zeta, the former roommate of the alleged victim, claimed that '''[the alleged victim] told me she was hemorrhaging. She had told me about three we~ks before the same fling'" (Ann Arbor News, 9/25/87).

The only thing anyone knows for sure is that someone in that courtroom was lying

According to the Daily, "two witnesses said that injuries claimed to have been caused during the rape may have occurred before."

On September 25, a Friday, Washtenaw County Prosecutor Robert Cooper reported that two women had contacted him and "said that they had similar experiences with Neal, short of rape, in spring 1985 and October 1984. They were able to fight him off" (Ann Arbor News 9/26/87).

The judge did not admit these calls as evidence because these women had not charged Neal with attempted rape at the times of the respective incidents.

Neal was acquitted on September 29, and judging from these facts, it isn't difficult to see why.

The testimony relating to the medical evidence conflicted and the medical evidence itself was inconclusive. In fact, based on this evidence, the only thing anyone knows for sure is that

someone in that courtroom was lying.

For the alleged victim's sake I hope it wasn't the defendant. For the sake of honest men, I hope it wasn't the alleged victim. I can't decide whose lies do a greater injustice to rape victims.

Unfortunately, all the people who have protested the outcome of this trial as sexist and typical of a rape culture have simply been wasting their energy. This situation is made more embarassing by the fact that the most vocal organizations on this campus didn't read the trial coverage carefully enough to understand what was going on. It's a pity they didn't.

Despite Neal's deserved acquittal, there's still plenty for a feminist activist to get upset about.

For instance, there are the other "facts" presented in the trial. Neal's acquittal was not based on the defense's ability to successfully carry out a "blame the victim" ploy, but that doesn't mean that they didn't try. As a matter of fact, they had no choice, from their point of view. In Michigan rape means nonconsensual sexual intercourse. Both medical evidence and Neal's testimony established that sexual intercourse had occured. The way out for Neal rested on the word "consensual."

For some reason, the defense thought that the correct way to establish consent was via witnesses bearing suggestive accounts of the alleged victim's intentions: ''I'm going to get fucked by a Fiji tonight if it's the last thing I do" (Daily, See next page

Rebecca M. Chung is a senior in English and Executive Editor of the Michigan Review.

- -_ _ _ _ _ _ _ _ _ _ _ __

The Michigan Review 22

October 1987 23

PIRGIM

Women

Continued from page 14

Continued from previous page

9/25/87). "She's been obsessed with Fijis since she was a freshman" (Daily, 9/25/87). "[1] didn't recall anyone else at the party being as drunk as [the woman]" (Daily, 9/25/87). "The woman had said she would like to go up to [Neal's] room and take his clothes off" (Daily, 9/25/87). It's fortunate the Michigan rape shield law prevents testimony about an alleged rape victim's past behavior before the incident in question from becoming part of the trial. Otherwise we would gag from the volume of gossipy garbage being forced down our throats.

Perhaps the woman's experience with Neal was consistent with her words and actions. But perhaps it wasn't. Wanting sex does not imply wanting rape. Furthermore, all human beings retain the right to stop participating in sexual activity at any time, including during that nebulous state called "everything but." If the partner refuses to stop, that's rape, even if the victim has megaphoned over the Diag what he or she thought would happen.

But not only does this "well she wanted it" testimony not mean a thing, it's also sexist. Why didn't either the defense or the prosecution ask the defendant what his intentions were that evening?

Wouldn't it have made a difference if Neal's friends said he really wanted it? Of course not, but it's only fair to give both sides equal opportunity to answer irrelevant questions designed to make them look bad.

It's possible that the defendant was asked these questions and the press chose not to report it. One can't prove such a thing, of course, except by skipping classes to attend the sessions or spending over $1000 on transcripts. I did neither, but I don't

feel deprived. There were ample examples of sexist reporting during this trial. See what you miss when you don't read?

It will come as a surprise to some readers that the Michigan Daily did a much fairer, though more incomplete, job of covering this case than the Ann Arbor News .

Admittedly, the Daily editorial which appeared after the decision displayed all the biases their Opinion Page is entitled to having, but overall the stories favored

neither the alleged victim nor the defendant.

The reporter for the Ann Arbor News deserves no such praise. For example, the reporter included the following lines in his 9/25/87 piece: "Heath said the woman 'was at a man's house' one night during the week before March 19. But her testimony was cut off by a sharp objection from assistant prosecutor Robert L. Cooper. He said Boak, by asking a question evoking that reply, was violating a legal prohibition against describing previous sexual encounters of a plaintiff in a rape trial." Including information expressi vely prohibited to the jury in a news story serves no useful purpose and in this case only implicates the alleged victim in the minds of readers who have no other source of information.

But the layout staff is guilty of even greater insensitivities. The headline for the Ann Arbor News's

9/23/87 piece is one-half inches high and reads "Physician testifies at rape trial." The story is buried in the middle of page two. Contained within the story is the medical testimony that the alleged victim's injuries were "consistent with force."

But by 9/24/87 the story has suddenly become worthy of a "double-deck" (two line), inch-andone-half headline with a pulledquote on the bottom of page 3, where the eye is more likely to see it.

What does the headline say?

"Plaintiff sought sex, sorority sister says." Until this point in the trial no one had testified that the injuries had been present before the incident.

Unwitting though it might have been, there is only one reason why the News chose to exaggerate the importance of the woman's reputation rather than that of the violent injuries she supposedly sustained. The September 28 story "Support shown for alleged victim" smacks of tokenism after such blatant thoughtlessness.

There are very good reasons why this trial has evoked such strong responses on this campus. Women are appalled at the humiliating trial procedures, and fed up with having to treat rape as an everpresent, "unavoidable" danger.

Men are suddenly feeling the sickening force of a betrayal in the bedroom. Both have yet another reason to fear rather than trust, yet neither want to live apart from the other.

All of these issues are difficult enough to deal with without the inexcusable carelessness of those who presume to lead us. Only a few voices can speak for the student body; it is imperative that these voices be used with intelligence if anyone expects anything to be accomplished .

He discovered that most of the money raised in the canvass was paid as canvasser commission or sent to the Fund in Boston. PIRGIM and Buchsbaum put a lot of pressure on Bhushan through his friends to layoff. However, the emotional pressure backfired as Bhushan began to stubbornly resist PIRGIM's pressure and chose integrity over ideology. In August he finally got the Fund's external audit. In the accompanying letter Buchsbaum complained that he had spent 60 hours preparing the audit. It seemed strange-60 hours to Xerox a document?

The audit answered few questions. PIRGIM members claimed at separate times that the missing money ($260,000 in 1987) either was in an account labeled

"Fund- Michigan" or paid the expenses of the canvass (aside from commissions). If the money was in an account, it should have been listed as an asset on PIRGIM's audit. If it covered expenses, MSA members were supposed to believe that the canvass cost $5+ per contributor, a ridiculously high cost for a canvass.

Several influential members of MSA had already expressed their concern with PIRGIM's attitude and tactics. They claimed that PIRGIM's treatment of Bhushan indicated a deep lack of respect for MSA and further antagonized many representati ves.

Bhushan wrote a report on his findings and Buchsbaum scheduled a meeting on Wednesday September 16, 1987, the day after the first

MSA meeting. The budget was slated for discussion September 22, but it was placed on the September 15 agenda and PIRGIM's supporters on MSA were clearly seeking to railroad the budget through before Bhushan's report came out, yet another stunt.

The budget was tabled for a week and on September 22, after a two-hour debate, a proposal to slash PIRGIM's fee to $.20 per student; to send them a message about their arrogant treatment of MSA, failed narrowly.

As Bhushan said after the MSA vote, "I voted in favor of integrity and against my ideology and lost, but I feel a lot better about myself."

*******

Levine Continued from page 10

Levine said tha t he will take with him both the experience and the mindset to remain active in politics.

"I try not to be too ambitious. Maybe I'll go to law school or into econ or finance."

Does that mean politics for Jesse Levine? "I believe that College Democrats has been rewarding both personally and professionally. I believe I'm able enough to lead. At this point, I'll keep all my options open, and politics is certainly a very viable option." campus. The group's intention is to bring important speakers in from out of town at least once per month.

According to Levine, the group is working with "Ann Arbor political gurus Neil Staebler and George Sallade" in order to bring the Democratic presidential candidates to town. Sens. Albert Gore (Tenn.) and Paul Simon (Ill.) have already been scheduled (Gore on 10/21 and

Simon on 11/6), and the group is presently working on Rev. Jesse Jackson.

Jesse Levine has brought the College Democrats a long way, but he has no intentions of resting on his laurels. Levine pointed out that in the past, before the late 1960s, there was a concept of "participatory democracy" on campus. Levine hopes

that College Democrats will again adapt this concept to its members.

He stresses that boisterous protest isn't nearly as effective a political tool as coat-and-tie politics, and he hopes that the club will continue to move in that direction.

Another issue that Levine hopes to influence in the future is activity.

"College Democrats has traditionally been a '2 and 4 year' group," he said, indicating that the group is only active in years corresponding to state and national elections. He hopes the club will become a '1 year' group, active even in years when no major elections are held.

October 1987 25

The Michigan Review 24

Books in Review ........ .... .. ...... ... ..... .. ..... .. ... .... .. .. ..................... ..... ......... ... .. ... .... ... ..

Campaign Propaganda: George Bush Looking FOlWard: An Autobiography George Bush, with Victor Gold Hardcover, $18.95 Doubleday 270pp.

by Rebecca M. Chung "The Real George Bush!" proclaims the back cover of this book.

Oh dear.

Surely the politically-minded reader is not so naive as to believe that . The real George Bush happens by accident, or actually by mistake. Judging by his colorful metaphors like "voodoo economics" and his somewhat fervent admiration for Soviet engineers, the real George Bush is probably an interesting fellow. But no place exists for "reality" in politics, particularly when the voters' conception of a president is somewhat surreal, and the George Bush of Looking Forward is perfectly unreal, or unreally perfect, depending upon how one looks at it.

First of all, there is the prose, which like all ghost-written books is a third-person regurgitation of a second-person narra ti ve masquerading as the homey, intimate first-person everyone wants their future president to be.

The writing is so clear that one sees nothing in it. No faults, andthank heaven- no plagiarism, but literary critics everywhere must be wailing and gnashing their teeth at the dearth of personality in this book.

One remembers the Doonesbury speculation that Vice-President Bush's manhood was put in a blind trust, and wishes it had been released in sufficient time to save Bush's style, but barring that extreme measure, most readers will be forced to assume the opposite of what one learns in

college: the prose does not reflect the man.

In addition, the content at the literal level has the same effect as looking at the sash of an Eagle Scout. From the looks of things, the vice-president has done everything, done it admirably well, and even picked up some good anecdote material along the way.

One really cannot help but be very impressed with his transition from Navy pilot to self-made company CEO to congressman to UN ambassador to ambassador to China to CIA director to presidential contend e r to vice-president while preserving his marriage and raising (sort of) fi ve kids. He is quite likely the most qualified presidential candidate running. But one might get the same information from a one-page fact sheet at one-twentieth the cost. As of yet there is still no real reason to call this compendium a book, let alone pay for it as if it were.

Things only become interesting when one begins to consider the author's intentions (these are desperate times-W.K. Wimsatt would understand). First of all, this remarkable tome answers every doubt anyone ever had about George Bush.

Manhood a la Doonesbury? He has it, just not right now-not in the job description. Religion-he has it; he even uses it. Sympathy to minority concerns? Yep, even while fighting those unenlightened Texans.

An Iran-Contra free conscience? You'd better believe it.

New ideas? No, but he has something better-old ones.

Voodoo economics? He thought he had it, but he gave up the occult when he became vice-president.

Perhaps that last exchange was

somewhat flippant, but the reader should understand that in order to take George Bush seriously one must absolutely refuse to take the book seriously. Its only undeniably astute attribute is its inability to embarrass the soon-to-be presidential candidate in any way, shape, or form. The press could not find a scandal in it even by ritually sacrificing Donna Rice to the evangelicals. The public is perf e ctly protected from everything it does not want to hear: that Vice-President Bush enjoys sex, or sometimes dislikes his boss, or unjustifiably blows up at his children, or has been tempted to cheat, lie, steal, or do himself in when things were rough. Them's the rules of politics, and perhaps there exists neither a way nor a reason to change this dehumanizing status quo. As a result, however, the products of politics-this book, this flawless image-owe their existence to calculation instead of the spontaneity, artlessness, and tendency to err that one associates with " real" people and "real" lives. It is a pity that one cannot take the George Bush of Looking Forward as legal tender. But upon considering the vice-president's unavoidably real ambition, doing so becomes not only impossible but risky.

Rebecca M. Chung is a senior in English and an Executive Editor of the Michigan Review.

Books in Review .... ... .............. .. ........ ........ ...... ... .......... .. ........ .......... ... ... .. ........ ..... .

Campaign Propaganda: Jesse Jackson Straight From the Heart Jesse Jackson Hardcover, $17.95 Fortress Press 318pp. by

M. Christopher Molesky In the preface to his first book, Straight from the Heart, Jesse Jackson intro- duces a proposition that seems to reflect most accurately the central truth of his own unique vision : that the political, moral economic and legal issues of our society "flow primarily from the heart, (and) not from the head ... " Interestingly, it is precisely this failure to unify his obvious moral and ethical beliefs with critical intellectual reflection that creates a world view that is at once distorted and myopic.

Throughout the book, which is actually a compendium of speeches given since the mid-seventies, Jackson reiterates passionately and unequivocally his belief in the basic dignity of mankind. His attempts to understand and political1y grapple with the ubiquitous scourges of our day, poverty, racism, war, and injustice, all find their inspiration in the basic teachings of Judaeo-Christian thought.

And it is in this admirable milieu of morality and virtue that he attempts to construct a platform by which American social and foreign policy should be guided.

Yet, as he endeavors to impress the unbreakable maxims of divine morality on society, he ultimately fails, simply because he does not comprehend the brutal realities that exist in both the national and geo-political context.

On the domestic front, Jackson spends much of his energies discussing the problems and

consequences of racism. And since racism is a repugnant social scar, and Jackson a visible black leader, this interest is justified. But he loses credibility when he tries to overproject its importance, using it as an instrument with which to explain the majority of societal ills, dividing the nation into a struggle between rich and poor.

This simplistic division of the U.S. into the "masters", those who have economic power, and the "slaves," who have very little, coupled with the conscious and almost diabolical control the "masters" exert over the "slaves" is disturbing. When he writes, "The masters must kill the slaves' will through intimidation,violence, and diversion by making them impotent with alcohol, drugs, (and) obligation through debt.. ." he exhibits an unfamiliar and thoroughly inaccurate view of modem American culture, implying an Orwellian reality of hidden hierarchies of white male industrialists and bureaucrats whose interests involve poverty and crime, and whose means include drug abuse, television and low wages.

Such a view will play well with those liberal McCarthyites who see conspiracies behind every shift in the economy, but it is hardly a premise from which national policy should be formulated. After all, we cannot expect a public servant to cure unwanted anomalies in society if his or her basic perceptions of its structure and dynamics are false.

Similarly, Jackson attempts to translate an oversimplified sensibility of world affairs into a coherent strategy of foreign policy. Deeply concerned with the perceived contradictory American treatment of certain regimes such as Chile and S. Africa

as opposed to communist Nicaragua and Cuba, he urges a strategy that will "measure human rights by one yardstick ..." But what he fails to understand, as many in his party do, is that while a Pinochet may be as unsavory as an Ortega, the fundamental fact that Ortega's junta perceives us to be inherent enemies, expressly calls for an American policy that reflects this fact. While we must always weigh the ethical dimensions of human rights, we must never forget that at the very core of foreign policy objectives is our duty to preserve, protect, and defend American interests which themselves must be reconciled with moral considerations.

Likewise, when Rev. Jackson asserts that a safer world order would necessarily result from massive unilateral military spending cuts, replaced only by vigorous overtures of peace through negotiation, he exposes his basic naivete of the linkage between successful negotiations and military strength. On the whole this flawed assertion is indicative of a more general ignorance of the complex and ever transient machinations of the world order.

Clearly, the message that emanates from Sraight from the Heart is one of unique moral and pious expression, coming from a man who has been a public figure for almost two decades. Yet it is clear from simple cogitation that we need leaders, especially in the White House, who understand that what is good fora state and a people is not solely reflected in intention, but in consequence.

M. Christopher Molesky is a sophomore in the Residential College and a staff writer for the Michigan Review.

October 1987 27

The Michigan Review 26

Arts

Arts ............................................................................................................................ .

........................ .............................. . ........................................................................

The Bon Jovi Experience

The Music Man: UMS' Ken Fisher

by Rick Dyer The University Musical Society, one of the oldest concert presenting organizations in the United States, welcomed a new director, Ken Fisher, this July. Fisher is only the third director since 1891 to run the UMS, which presents about fifty top-notch classical music, dance, and opera concerts each season a t the Hill and Rackham Auditoriums and the Power Center.

As the new director, Fisher inherits a program that is already known for operating under the highest artistic standards, bringing world-renowned artists to a town one-tenth the size of the cities in which they usually perform. Fisher sees himself not simply "continuing a tradition of excellence, bringing the very best there is to Ann Arbor," but also ensuring that VMS "continues to be a leader in arts presentation."

Fisher's current strategy is to "spend a lot of time listening, learning... trying to gain an understanding of this community. I want to talk to students, faculty, staff, and people in the community. I am making an effort to attend all of the concerts of my colleague organizations in Ann Arbor."

This strategy fits well with Fisher's recent work as a consultant for conferences, meetings, conventions, and fund-raising events. He sees a parallel in that "what I was doing in the past was looking at the situation where groups of people get together and do things. How could we make that situation be the most

productive, enjoyable, and educational possible? I'm asking the same kinds of questions now about a group of people getting together to listen to music."

As part of UMS's remaining a leader in music presentation, one can sense Fisher's

commitment to increasing student attendance. When attending Michigan as a doctoral candidate, he found "the cultural life in this community, particularly UMS, so enriching that when 1 left here in 1970, 1 never quite finished my Pl-tD." Fisher welcomes and encourages student input. He'd like to know, "What are the students' views of our program?

What do they think of our scheduling of concerts? How do they respond to our ticket prices? Right now, I'm in a mode of wanting to ask questions and listen. 1 want to hear as much as possible.

Fisher would also like to give students the opportunity to meet the artists themselves.

He notes that artists such as Leonard Bernstein and Andre Previn have remained after their concerts to meet with students. "I'd like to see if there are ways for the artists to come into the residence halls and fraternity houses to meet with students directly," says Fisher.

He also mentions the artists' love for Ann Arbor. "Artists talk about Ann Arbor as being very special. They love the way that they're hosted here ...

They love the acoustics of the hall and the university audience, which is a very discriminating and critical one." ''I'm delighted to be back here at this terrific campus," says Fisher. "I was a student here and I want to hear from students. I want to know what's on their mind: how we can improve, how we can make what we're doing just as accessible, enjoyable, and meaningful as possible to students of the University."

Rick Dyer is a sophomore in Philosophy and a staff writer for the Michigan Review.

I

I j

by Paul Seltman My recent visit to New York City certainly turned out to be an educational experience, but only because of a rare opportunity to see Bon Jovi perform in Madison Square Garden.

As my friends and I walked toward Penn Station and the Garden after a long day spent in the city, tickets for the ghastly event were being waived in our faces by swarms of scalpers. We turned our faces and turned up our noses until we heard the magical words, "five dollars." For five dollars, I reasoned, I would even watch Madonna.

Upon entering the Garden, we were immediately confronted by venders selling Bon Jovi concert T -shirts which bore the phrase, 'We came, we saw, we kicked your ass." Obviously, such a piece of memorabilia is a must for any true fan.

We found our way to our seats and anxiously awaited the performance of our role models. Head-banging music blared from the many speakers in order to whet our appetites for the show. Soon, the music stopped, the lights were dimmed, and a roar was heard from the crowd.

As the band took the stage, explosives erupted in the air, and metallic noises shook through our bodies. The four teenage girls seated in front of us, sporting those scarce and valuable concert T-shirts, could do nothing but scream and convulse for more.

The fans completely let loose when Bon Jovi broke into their hit, "Shot Through the Heart," a masterpiece with true Grammy potential.

Jon Bon Jovi then performed his conception of a beautiful, romantic

song-"Never Say Goodbye." Just to make the performance of this piece extra-special, Jon swung out into the middle of the audience from a trapeze. As he belted out the lyrics in that unique, insensitive fashion that only Jon Bon Jovi can, all of the lovely, leather-laden couples sitting around us cuddled and licked one another as a display of the great warmth they were experiencing from the ballad.

In the middle of their next grouping of non-harmonious, heavy metal noises (Le., a song), John and guitarist Ritchie Sambora decided to engage the Garden in a screaming contest. No human being has ever witnessed anything like this: a cross between cheers at U-M football games and arguments on Lite beer commercials.

Jon and Ritchie each took charge of one-half of the Garden, and competed to see whose half could make more noise. Who ever said that Western nations are civilized?

Without a doubt, the most amusing portions of the show were the instrumental solos. Dave Bryan, while caught up in the deep

improvisation of his keyboard solo, spun his body around in two consecutive 360-degree turns as he let his fingers run recklessly over the white and black keys.

Tico Torres performed a drum solo with as many different sounds as a monotone U-M professor.

Never before had my naked eye seen drumsticks hit cymbals so many times in one five-minute period without hitting anything else.

As more explosives were ignited on stage, and the band ran out of numbers to perform, Jon Bon Jovi and company shrieked a farewell to the crowd. We pressed on our throbbing temples and exited the Garden, heading toward, believe it or not, a much quieter Penn Station.

Paul Seltman is a junior in Political Science and the Arts Editor of The Michigan Review.

'T1his harnHmitAnm fishermans 1 .sweaterfrom the ocean COttdf,e5 of Irelawl affoms

the wearer warmth, style, and more too it little nostalSia. ~..~

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October 1987 29

The Michigan Review 28

Confirm Continued from page 9

unquestionable. The preservation ot order is a principle created by the administration to achieve a socially desirable goal. But that principle could also be used to achieve socially undesirable goals such as preventing students from excercising their right to participate in demonstrations.

Judge Bork uses the same logic when he criticizes the Griswold decision (1963) in which the Court struck down a Connecticut law which prohibited married couples from using contraceptives. Bork is not against the result of the decision.

He is against the reasoning used to achieve the result, namely the creation of a general right of privacy in the Constitution.

While this right was used to achieve the desired end, it now

Defeat Continued from page 8

latter. He has described the Bill of Rights as a "hastily drafted document."

He criticized for years the 1954 Supreme Court decision requiring integration of public school facilities, a decision he now accepts as it is inseparable from our legal tradition.

He criticized as late as 1971 the 1948 Supreme Court decision that said courts may not enforce clauses in property deeds that forbid the sale of property to blacks, Jews, and other members of racial or religious minority groups. In 1963, he attacked a law which required hotels and restaurants to serve blacks.

During the present hearings (as well as at his confirmation hearing to the D.C. Circuit in 1982), Bork has retreated from some of his earlier opinions.

Commentators have remarked both times on the apparent

assumes a life of its own and could be used in the future to achieve undesirable ends.

In his confirmation hearing testimony, Bork demonstrated the flaws in Griswold when he stated: "[S]uppose a Senator introduced a bill that said that every man, woman, and child in this country had a right to privacy ... Did it protect incest?

Did it protect beating your wife in private? Did it protect price-fixing in private?"

Bork has never stated that the Constitution does not protect privacy. The First, Fourth, and Fifth Amendments all protect privacy. The Connecticut law, Bork argued, was never and could never be enfora!d because the police woud have to violate a couple's Fourth Amendment right to privacy in order to get into the house to prove that the couple was using contraceptives.

The law should have been repealed by the state legislature. Instead,

opportunism of his recantation, and expressed cynicism over the sincerity of the expressed change. But, more importantly, as a Supreme Court Justice, Bork will have to make dicisions on first impression. He will not have the luxury of begrudgingly coming to accept a decision after it has been around for 30 years.

Judge Bork also rejects the idea that there is any constitutional right to privacy embodied in the Constitution. He has argued that the Court's decision in Griswold v. Connecticut, which struck down a Connecticut law banning the use of contraceptives by married couples, was unsupportable as it was based on a finding of a privacy right in the Consitution. The right to privacy also supported the decision on abortion in Roe v.

Wade, a decision which Bork calls "unconstitutional." But, without a right to privacy, these laws could be imposed on any unpopular group.

the Court assumed the role of a legislature and implicitly amended the Constitution to include a general right of privacy.

We cannot be absolutely certain about how Judge Bork will act if he is confirmed. However, we can be certain about what happens when the Court becomes too powerful and the decisions of five people out of nine replace the decision of twothirds of the Congress and three-fourths of the state legislatures. This reason alone is sufficient to warrant the confirmation of Judge Robert Bork to the Supreme Court of the United States.

These examples highlight Bork's belief that the majority may impose virutally any laws it wishes on a minority. He believes that the Court should step back from its co-equal role and bow to the majority's decision in all but a handful of cases. Because the purpose of the Bill of Rights lies in its desire to protect minorities from such tyranny in fundamental areas, a justice who believes that he must continually defer to a legislative decision on issues of civil liberties is a man whose understanding of the role of the Court and the Constitution ignores the most noble conception of the "framers' intent." Those unwilling to see major cuts in their Constitutional protections should write their Senators to oppose Robert Bork's appointment to the Supreme Court.

Science Continued from page 20

of causeway to the goal, whereupon exercises are performed until some aspect of the goal has been addressed. By exercises I mean what the scientist actually does to attempt the goal: an experiment, a bit of research, or perhaps a derivation of a principle. It is obvious that these exercises are not simply arbitrary; the scientist performs those that seem to be in some fashion junctioned with the goal. Once chosen, the exercises are performed in such a way that variables or factors that the scientist cannot be aware of or cannot control are minimized.

In other words, the scientist attempts to modify the conditioning environment of the subject in question so that the desired understanding stands as clear and untainted as possible.

Lastly, after the questions have been asked, clarified, and asked again, the scientist must then determine to what extent the goal has been properly defined, appropriately addressed, and answered, if at all.

It is implicit in the above discussion that the performance of science-the process itself-is bounded by certain principles of its own self-government, again arising in some respects from human idealism.

The overwhelming guide is necessarily objectivity, a willingness on behalf of the scientist to let the results of the administered analytical exercises fall where they will and to allow those exercises themselves to be executed in an environment that most closely resembles uninterrupted and unimpeded nature. Scientific actions must be chosen and carried out in such a manner that biases arising from those actions either do not exist or are at least

recognized openly and tempered accordingly in their severity.

Premeditated or not, biases are the ruin of what scientific actions endeavor to represent: an emulation and replication of unadulterated nature.

This attempt at perfect objectivity on the part of the scientist is the medium through which science as an institution of ideology receives its autonomy. At the outset, the scientist affirms that personal handicaps, inhibitions, strengths, and desires will not taint the performance of science itself, that is, science will not be a function dependent upon the scientist but only upon the conventions preordained in the fashion discussed earlier. This

removal of the "I" from the government of science, once established, allows that government to flourish and moderate in turn the "I"; in effect, the conduct of science ideally limits what the scientist can contribute, namely primarily objective resources.

The scientist is the active-but preferentially unbiased-link between nature itself and the attempt to understand nature.

It may seem paradoxical that something arising intially from human convention accordingly contrains human endeavors. But it is necessarily so. Objectivity is not a simple concept; neither then can it be a human attempt to understand nature as nature.

October 1987 31

The Michigan Review 30

WHAT'S HAPPENING ON CAMPUS ...... ... ...... ...... ............... .. ..... ... ......... ... ... ..

Throughout the year, the Review will publish a monthly list of clubs and their activities.

November 12 Speaker: Melodie Marske Topic: "Biblical Basis for Missions" Room 126 East Quad, 7:00 p.m.

the Chapel Choir, the Handbell Choir, and instrumental performances. Organ, harpsichord, guitar, and other instruments enhance our services.

INQUIRY: Bible classes each Sunday, Membership classes, and Mini-Courses each term represent opportunities for growth as together we explore the Christian dimension of contemporary concerns.

FELLOWSHIP: Sunday Night Suppers every other week, pre- and post-service visiting, clean-up days, and other projects are all activities that are, at once, enjoyable, useful, and nurturing of community.

RECREATION: Reading magazines and newspapers, watching TV, volleyball in the parking lot, canoe trips, ice-skating ... all become expressions of the life of our community.

PLACE: The Chapel and Student Center building as a place to come to-warm, living, comfortable-for whatever purpose, is itself symbol and shelter for our community.

Hamster Control Now!

by Joe Typho Klingons on campus are in the Administration Building and they won't help us. Beam me up, Hal. Last week, in a lengthy 8-sentence interview, we got the views of (alleged) Professor of Biology Mike Talcum, who supports the balance of nature theory. What does he know? I mean, that balance of nature stuff may be true "out there" . but this is Ann Arbor. He gave the same old tired argument and was really boring, which is why we ignored his credentials. So what if he's got a Ph.D. in rodent studies and has dealt with the critters much longer than any of us.

We should ignore the opinions of such tenured, authoritative, and educated "experts" . Instead, we

October 22 Speaker: Kent Walley Topic: "Discipleship" Room 126 East Quad, 7:00 p.m.

A serious pest problem has exploded in Ann Arbor: rapidly reproducing all over the campus, making messes, and eating their lunches on copies of our newspaper, the Diddly (which ruins some of our longer, in-depth, 12-paragraph stories). Yes, we are speaking of the bloody scourge known as the hamster invasion.

Sure, lots of people own hamsters, enjoy them as pets, keep them in cages, use them to see if the microwave's working. But the awful conditions that allow these pesky critters to run about must be allevia ted.

There is only one solution: Hamster stabilization. We support the "Hamster Stabilization Proposal", also known as "Rodent Control" (no relation to the band).

True, hamsters are cute. But can Ann Arbor afford thousands of those little hamster wheels which have a brand name that I can't remember? (our thesaurus didn't contain inclusive language so we trashed it). You know, the ones the hamsters always run in and it goes around and could be used to generate electricity if we had the guts to dump nuclear power?

Many arguments have heen made against rodent control. Anyone who's taken a basic biology course has heard of the concept of "balance of nature." Under that theory, if the hamsters overpopulate, they will die off due to starvation and predators (such as the poor, starving student population). Thus the problem will automatically correct itself.

This theory ignores the seriousness of the problem right

NovemberS Speaker: Dave Mange Topic: ''Evangelism'' Room 126 East Quad, 7:00 p .m.

our paper were soiled by these a~w~\' now: rodents. just They're last week all 3000over copiesour of building and, unlike Tribbles, these l!Ji~~~~~1 things scamper. Also, the only 11

Upcoming Events

Those interested in more information may call Jim Huggins at 764-9782.

AIESEC The U-M chapter of The International Association of Students in Economics and Business (AIESEC) will be hosting the 1987 Fall Central Regional Conference.

The conference, entitled "AIESEC in Motion," will take place October 30-November 1 at the Sheraton Oaks Hotel in Novi, Mich. The conference will focus on current issues in the international business arena and will feature guest speakers from both the business world and academia.

AlE SEC is a student-run, not-for-profit organization located on college campuses in 64 countries around the world. The main objective of AIESEC is to promote world understanding and cooperation through the exchange of people and ideas. AIESEC-Michigan is one of the strongest local committees in the United States. For their work last year, they were awarded Best Marketing Program in the United States and Best Local Committee in the Central Region.

If you are interested in becoming involved with AIESEC, please contact AIESEC-Michigan's main office at 763-9498.

INTER- VARSITY CHRISTIAN FELLOWSHIP

TIME AND RELATIVE DIMENSIONS IN ANN ARBOR We have meetings every Tuesday at 8:00 p.m. in 296 Dennison. Please call 764-4655 or 662-3508 for more information.

UNIVERSITY LUTHERAN CHAPEL & STUDENT CENTER A Christian community gathered around ...

WORSHIP: Each Sunday at 9:15 and 10:30 a.m., and again on Wednesday evening, the members of our community come to the source of our life together, Word and Sacrament.

MUSIC: The musical gifts of the community are used fully by way of

We invite you to become part of the Chapel community and we promise to make for you a comfortable space.

agree with 8-year-old Sid Ralpher, who likes to throw hamsters a t walls.

Sid voices the concept known as "revealed preference": People choose what they want and since nobody has ever elected a hamster to Congress, let's kill them all. Say yes to Rodent Control.

Joe Typho is a graduate student in the School of Natural Resources and Buddhist Studies and thinks ceiling fans are archaic.

Photo by David Rettinger

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