4 The Tar Heel Thursday, July 6, 1978
Maura Stokes
THE TAR HEEL
Robert Jasinkiewicz, Editor
Howard Troxler, Associate Editor Assistant Editor, Patty Grebe
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The Tar Heel is published every Thursday during summer school. Letters to the editor and
columns are welcome. For information call 933-0245, 0246, or 966-5369.
Bakke: only a
potential loss
"To gel beyond racism, wemuslfirsl lake account of race. There is no other way. And in order
lo treat some persons equally, we must treat them differently." U.S. SupremeCourt Justice
Thurgood Marshall in his minority opinion in the Allan Bakke decision.
The U.S. Supreme Court's decision last week on the Bakke matter may at
first glance appear to be vague and contradictory. The court ruled that using
racial quotas in college admissions programs violated the Civil Rights Act of
1964. But at the same time, the court upheld the principle of using race as a
factor to determine who gets into higher educational institutions.
Many civil rights groups feared that a victory for Allan Bakke would be a
disaster. Torrents of protest came long before the case was heard; editorial
writers and civil rights advocates warned America that a Bakke victory would
be a giant step backwards.
But there is no defeat at hand in the Bakke decision. The decision should be
regarded only as a sign of the times a sign that we are past the early stages of
desegregation and that the energies of those working for equality in this
country must be channelled in new directions.
Everything the court said in its Bakke opinion was approved by a narrow 5-4
margin. Only the swing vote of Justice Louis Powell enabled the faction
arguing against quotas to win. And some of those arguing against quotas were
in actuality arguing against affirmative action in general.
We tend to agree with the other four justices, who believed that even if
mechanical quotas are unconstitutional, a special effort must be made to
consider race in college admission. Race should be a not the factor. Race
does not affect ability or intelligence. No one should be admitted because he is
black or white.
But years ago, the Supreme Court ordered that discrimination in the
nation's schools should be ended with "all deliberate speed." Unfortunately,
the court could not order that inequality be ended in all other facets of life as
well; and the blatant (not vestigial but full-force) prejudice and discrimination
that continue even today have an effect on all parts of our society.
In an ideal society, race would not have to be considered at all. But the court
could see, without too much effort, that we are far from an ideal society.
The only thing the decision was explicit on was that the quota system at the
University of California at Davis was unconstitutional. The opinions of the
court members regarding race will bear considerable weight, but the court has
left some ambiguity as to the direction of civil rights. There is the possibility
that some areas will take advantage of the Bakke decision to eliminate their
existing affirmative action programs. We feel that this is not in accordance
with the spirit of the ruling.
For while Bakke may appear to be a defeat, it is better described as a warning.
It may now be necessary to continue the struggle on a new battlefield, a field
where no man is favored or rejected because of the color of his skin but one
where each individual is judged on his own merits. Bakke, viewed in this light,
is only a growing pain of the fight for equality.
The New, New,
New Nixon
Greeted by a four-piece high school band playing "Hail to the Chief,"
Richard Nixon made his re-entry into public life Sunday in Hyden, Ky ., where
he told 4,000 cheering members of his silent majority what was wrong with
American foreign policy.
The occasion was the dedication of a city recreational complex, which was
going to be named after former president Gerald R. Ford. But Ford could not
attend the dedication, so they named it after Nixon instead.
There were no hecklers. There were no bitter memories. There were no
visible scars left from the lies, the crimes, the abuses of power Nixon was
responsible for; there was no indication of the national insecurity and paranoia
he helped create. There was only wild adulation. A few people wore buttons
that said "Nixon's the One In 1980."
The situation would be funny if it weren't so chilling. Does Nixon have more
lives than a cat? Is this situation so much different from the one a decade and a
half ago, when he rose from the ashes of final defeat in California to introduce
the "New Nixon" to reporters?
Stranger things have happened.
If God had wanted bicycles, he
wouldn't have made cars
Feeling aggressive? Hostile? Does the
idea of a death penalty squash the
possibility of venting your hostility with
murder one? There's still a way of making
yourself feel better get a bicyclist. Kill,
maim, scare, anger take your pick. A
large number of people have found this a
great way to get rid of tension while
having a good time. Scream therapy and
sports have their value, but the former
can be costly and the latter requires
effort. Don't worry about possible legal
consequences. It's household knowledge
that bikers are wrong most of the time.
They waver, got too slow, go too fast, take
more room than they need, and ride in
driver's blind spots. They must be at fault.
If the direct hit seems a bit gruesome to
you, the force-off-the-road is a close
second as far as satisfaction goes. Insist on
hugging the shoulder, especially if there's
no oncoming traffic and the ground past
the shoulder is gravelly and rough.
Increase your speed and get as close to the
bicyclist as you dare. Undoubtedly the
rider will panic, try to move further to the
right and spill. If you don't succeed in
scoring an injury, at least you will have
spoiled someone's day. One can put
variations on this theme with practice.
Another popular way of getting
bicyclists is by "testing" them Bicyclists
need to know how well their brakes work.
Throw open a car door without
"checking" first, preferably when the
cyclist is very close. The quick-reflexed
will be able to brake to a stop before their
ribs make contact with the car window.
The moderate in reflex shouldn't sustain
too much damage the gymnastics
minded can often flip over the door. The
others? Well, they'll just have to tighten
up their brakes and hone their skills.
An alternative test, either for braking
ability or swerving ability, is the quick
pull-out. Sit in a parked car, get it started,
and wait for a biker. As he approaches the
car, pull out quickly. Watch to see
whether he brakes in time to avoid hitting
you or swerves just enough to miss you
and oncoming cars. Brakers are the
gutless, cautious types, while the swerver
shows a lot of style. If they start yelling or
show you a finger, give them a glare that
shows your disrespect for anyone who
expects to be seen on a skinny French
frame.
If those arrogant cyclists who insist on
riding in the middle of Franklin Street
bother you, there are virtually unlimited
courses of action to follow in order to
show them that the motor vehicle reigns.
Honking wildly and gunning it often
scares them to the side, where the
remains of beer bottles will finish them
off. If they continue to act as if they had a
right to the road, follow them as closely as
you can. Even the stoic can become
emotionally involved at the thought of an
eight-cylinder engine an inch behind
them.
Even if your taste runs a bit on the
delicate side, you can do your share.
Refuse to pass a cyclist, even when there's
plenty of room. Instead, follow them as
slowly as they're going. Roll your eyes and
tap your fingers on the steering wheel
when the biker looks back at you. The
cyclist will either speed up, giving him
quite a sweaty workout, or, annoyed, will
stop and let you go by properly. You can
also annoy them to a large degree by
yelling a few good profanities as you go
by.
The possible plays in get-a-bicyclist are
infinite. Personal experience indicates
that the new moves are being tried all the
time. So the next time you're in a hurry
and annoyed by a bicyclist, or just feel a
little hostile in general, do something
about it get him. It's not baseball, but it's
rivaling bicycling itself in quickly
becoming a fashionable pasttime.
Maura Stokes is a first-year graduate
student in biostatistics from Concord,
N.H.
Legal advice
Tenant, landlord
responsibilities
Tiis advice is prepared by Student Legal Services which maintains an office in Suite C of the
Carolina Union. UNC students have prepaid for this service and may obtain advice at no additional
charge.
Since October 1, 1977, North
Carolina apartment dwellings have
been governed by a new law which
imposes certain responsibilities on
both the landlord and the tenant.
Apartment tenants have the duty to
pay rent and keep the premises in a
clean and livable condition. The
landlord's duty is "to provide fit
premises." North Carolina statutes
define fit premises as compliance "with
the current applicable building and
housing codes ..." The Town of
Chapel Hill Housing Code provides.
for example, that walls and roof should be weathertight and rodent-proof, that
doors and windows have screens andweatherstripping.andsoon.Copiesof the
Housing Code are available from the Town of Chapel Hill and Student Legal
Services.
The landlord must also make repairs and "do whatever is necessary to put and
keep premises in a fit and habitable condition." Finally, the landlord is also
responsible for keeping the common areas, such as hallways, in a safe condition. If
the apartment complex provides things like refrigerators or stoves, the landlord
must maintain and repair them. Landlords are not relieved of these
responsibilities by the tenant's explicit or implicit acceptance of the landlord's
failure to so perform. This law does not prohibit landlords and tenants from
making their own contracts in which a tenant agrees to perform some work on
the premises.
If you as a tenant think the landlord is not performing these statutory duties,
you cannot withhold rent to force his performance. Instead, you should seek legal
advice about obtaining judicial approval of rent abatement.
ADVICE FOR THE DAY: 1.) Read the lease BEFORE you sign it. 2.) Be aware
of your rights and responsibilities under the lease. 3.) Seek legal advice if your
landlord is not providing you with the required services.