The daily Nebraskan. ([Lincoln, Neb.) 1901-current, December 04, 1996, Page 6, Image 6

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    Candidates’ names released
SEARCH from page 1
University of New York at
Binghamton, the University of Colo
rado at Denver and Texas A&M Uni
versity in College Station. Fallon was
vice president for academic affairs
and provost at Maryland from 1993
until this year.
• Richard Edwards, dean of the
College of Arts and Sciences at the
University of Kentucky at Lexing
ton. He will visit UNL on Monday
and Tuesday. He earned his
bachelor’s degree at Grinnell College
in Iowa, and earned a master’s and
doctoral degree from Harvard Uni
versity. Before going to Kentucky, he
was chairman of the department of
economics at the University of Mas
sachusetts at Amherst He has writ
ten or co-written 10 books.
• Risa Been Palm, dean of the
CoBege of Arts and Sciences at the
University of Oregon at Eugene. She
will be on campus Dec. 11 and 12.
Palm earned bachelor’s degrees in
history, social studies education and
arts from the University of Minne
sota in Minneapolis. She also earned
a master’s and doctoral degree from
Minnesota. Before Oregon, Palm
was a proressor at me university or
California at Berkeley and at the Uni
versity of Colorado at Boulder. She
also saved as associate vice chan
cellor for academic affairs and asso
ciate vice chancellor for research and
die dean of the graduate school at
Colorado.
• Perlman, dean of die University
of Nebraska College of Law. He will
be on campus Dec. 16-17. Perlman
earned both his bachelor’s and juris
doctorate from the University of Ne
braska and then was a. Bigelow Fel
low at the University of Chicago Law
School. He has been a law professor
at Nebraska, the Univosity of Vir
ginia and the Univosity of Iowa in
Iowa City. Perlman served as interim
senior vice chancellor for academic
affairs from August 1995 through
January 1996.
Two more candidates also are
speaking with the chancellor, and
they may visit at a later time. Moeser
has said he wants to fill the position
by spring semester.
Currently, Irv Omtvedt, vice
chancellor for the Institute of Agri
culture and Natural Resources,
serves as interim senior vice chan
cellor for academic affairs.
Summer Programs
• 1
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Greece - Australia
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Scandinavia
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Police target
sales to minors
TOBACCO from page 1 _
Department to fight tobacco sales to chil
dren.
Exactly a year ago, the same students
tested the local retailers and found 53
percent sold to them. The health depart
ment warned the retailers and trained
them in selling tobacco products. A sec
ond check in August showed only 46
percent of the same retailers sold to mi
nors. * ' * ~
Eric Aakko, a health education offi
cial, said about half of the stores that sold
to a minor Tuesday hid been gililty of
selling during the previous checks.
One store that was ticketed Tuesday
even had the warning letter from the
health department posted near the
counter.
Aakko said the health department
hoped the training and warnings would
bring compliance to 75 percent Tuesday.
Only 54 percent of the stores tested ac
tually complied.
“It shows education only works so
far,” Aakko said.
The department will do a similar
v check next year to see if the citations
^pressure stores into compliance, he said.
t i •
—^ ^ CaLDEROwDN
SGt BRIAN briefs officers and students at Lincoln High
School before
Enforcement erf tobacco retail laws
probably will be more effectjvfe than just
education, Aakko said^2
Aakko said the department was wag
ing war on ybuth tobacco Use because
«usage rates ha^e risen from 34 percent
in 1993, to 38 percent insl995 among
Lincoln youths.
Surveys among those youth indicate
that most get tobacco from over-the
counter sales, he said.
“Onepf the number one ways kids
gefitcafibe curbed or stopped^Aakko
?Sr£. i it"
said.
Ian Robertson, a 16-year-old junior
at Lincoln High, said he wasn’t surprised
by the sales. He knows from other stu
dents that tobacco is pretty easy to buy
in Lincoln.
Robertson said some clerks were
angry at him when confronted by po
lice. But most clerks admitted that they
knew they were supposed to check IDs
for questionable customers, he said.
“They realized they slipped up, that
it was their fault and no one else’s.”
• i /»
ptuaents wm suit to ena requirea iees
WF'- i A
_ES from page 1
Interest Group and the Lesbian, Gay,
and Bisexual Campus Center.
Southworth said he was a devout
Christian who opposes abortion and
homosexuality.
“The student government has been
violating the First Amendment rights
of students for years,” said Jordan
Lorence, the Fairfax, Va., attorney
who represented the three law stu
dents. “It has been a flagrant disre
gard, and I’m not surprised die judge’s
decision was so strong.”
Judge Shabaz said in his ruling that
he balanced the constitutional rights
of the plaintiffs not to subsidize
speech to which they object against
the UW’s mission to hold a market
place of ideas.
“This court finds that the balance
between the competing interests in
this case tips in favor of the First
Amendment rights not to be com
pelled to speak or associate,” Shabaz
said. The decision means that all al
locable student fees—those fees that
the Associated Students of Madison
has primary control over — will be
able to be refunded to students.
The refunding method will be de
vised by a UW officials after consult
ing with the three plaintiffs.
The plaintiff’s case
The main thrust of the plaintiff’s
argument was that several student
groups used segregated fee money for
purposes that the three students didn’t
support. They cited the following as
examples in.their brief:
• WisPIRG: It received $50,985
for the 1996-97 school year, lobbied
legislators on mining bills and sup
ported political candidates by provid
ing a scorecard on particular issues.
The student group also protested Gov.
Thompson’s budget and opposed ex
pansion of Highway 12. The plaintiffs
said they opposed WisPIRG’s stances
but were forced to fund them.
• Lesbian, Gay, and Bisexual Cam
pus Center: The LGBCC received
$27,300 and promotes “gay positive
university policies.” The plaintiffs
objected to several actions by the
LGBCC, including promoting pro
homosexual religious groups, and at
tacked items in the center’s newslet
ter. p
• Campus Women’s Center: The
center received $35,281 for the 1996
97 school year. The plaintiffs objected
to an article in the center’s newsletter
that urged people to block a contro
versial bill that would require a 24
hour waiting period before a woman
could have an abortion.
• UW Greens: The group received
$7,100 in funding for the 1996-97
school year. The plaintiffs alleged the
UW Greens lobbied legislatures for
-^PJP
77ie student government has been violat
ing the First Amendment rights of stu
dents for years. It has been a flagrant
disregard, and Fm not surprised the
judge’s decision was so strong.”
Jordan Lorence
attorney
mining bills, and said the group sup
ported presidential candidate Ralph
Nader.
The plaintiffs also attacked 14
other student groups for ‘Apolitical or
ideological” purposes.
The brief states that in order to at
tend the UW-Madisonlaw school, die
three student-plaintiffs must subsidize
groups that contradict their views op
posing abortion, homosexuality, so
cialism, extreme environmentalism,
etc.
“The students must support groups
that contradict their views in support
of the free enterprise system, keep
ing sex within marriage, the death
penalty, the Bible as a standard of
truth, and support for widening U.S.
Highway 12 from two lanes to four
lanes.
“The students must choose be
tween obtaining a university educa
tion or refusing to support political
and ideological viewpoints they op
pose,” the brief states.
Expert analyzes decision
UW Political Scientist Donald
Downs, an expert in constitutional is
sues, said Shabaz’s decision was weak
and may be overturned in an appeal.
“I think that having to put money
into a pool in which all students fund
is part of university citizenship. The
real problem is^ where that money is
being used,” Downs said.
He said the university already has
a policy in place that bans segregated
fee funding of political groups or
events, but that WisPIRG is a clear
violation of the policy and does vio
late constitutional principles. But the
funding of other student groups, such
as the Lesbian, Gay, and Bisexual
Campus Center, does not necessarily
violate theConstitution.
“If you want to fund student
groups and activities, then inevitably
some of that fee is going to go to
' groups that individuals don’t like. If
you take this judgd’s decision seri
ously, you Won’t hav&apy more fund
ing of student groups,” Downs said.
Downs said the plaintiff’s argu
ment could be extended to professor’s
speech in classrooms. Students pay
tuition, which in turn pays professors
salaries. If a student objected to a
professor’s comments, could he or she
request to be reimbursed the portion
of the professor’s salary?
‘To some extent, your obligation
as a university citizen is to fund ac
tivities with which you disagree,” he
said.
Baldwin, students attack decision
“I think the most disappointing as
pect of this decision is the lack of rec
ognition to how important extracur
ricular activities to students,” State
Rep. Tammy Baldwin, D-Madison,
said Sunday night. She also attacked
thedecision because it undermines the
democratic system in place for stu
dents to allocate their fees.
“I think that mandatory student fees
are very much parallel to our paying
of income taxes,” she said. “There are
often places where those tax dollars go
that we object to. And yet, opting out
is not available for tax payers. It urges
people to participate in the democracy
that allocates it”
Baldwin said she will urge Regents
to appeal the decision.
Tim Casper, president of the United
Council of UW Student Governments,
said the decision has the potential to
restrict student leadership opportuni
ties.
“When a student enters the univer
sity, part of the experience is outside
the classroom. Without that opportu
nity, we may be graduating less quali
fied students in the long run,” Casper
said. “This decision has the potential
to strike the range of ideas that are
debated on the Madison campus.”
Student Services Finance Commit
tee Chair Laura McKnight said the
decision may wipe out student govern
ment as anyone knows it
“No one knows what is going to
happen,” she said. “It could take away
student segregated fees as we know it.
We may not have a tutoring program,
or a bus system, or a child-care assis
tance program. No one really knows.”