Page 10/The Battalion/Wednesday, March 30, 1983
Appeals court upholds
promotions practice
United Press International
CINCINNATI — A federal
appeals court Tuesday upheld
an affirmative action promo
tions policy in the Detroit police
department that white police
officers had challenged as “re
verse discrimination.”
The 6th U.S. Circuit Court of
Appeals ruled the policy, requir
ing that 50 percent of all officers
promoted be black, was justified
to remedy past discrimination
against black officers.
The white officers claimed
they were unconstitutionally dis
criminated against on the basis
of race because black officers
who had lower scores on promo
tional exams were promoted
ahead of them to fill the quota.
But the appeals court said
voluntary “race conscious” affir
mative action plans, like the 50-
50 quota adopted by Detroit’s
Board of Police Commisssioners
in 1974, are permissible if they
are designed to correct past dis
crimination.
The three-judge appellate de-
sion upholds a 1980 Detroit
U.S. District Court ruling back
ing the policy.
The white officers had
argued even if there had been
discrimination against black
officers, the 50-50 quota system
went too far in remedying the
problem.
But the appeals court major
ity said the 50-50 promotions
quota, based on a goal of
reaching a 50 percent black and
50 percent white police force by
1990, was reasonable.
Judge Gilbert Merritt dis
agreed with this portion of the
majority decision.
Although Detroit’s popula
tion may have been about 50
percent black in 1974 when the
promotions policy was de
veloped, Merritt noted, the most
recent U.S. Census figures indi
ct te the city is now about 63 per
cent black.
As a result, Merritt said, the
50-50 promotions policy no lon
ger is fair to black officers, be
cause it does not reflect the city
wide proportion of blacks.
States battle over Pecos
United Press International
WASHINGTON — Instead
of the law west of the Pecos, the
Supreme Court this week hears
arguments on the law of the
Pecos — a controversial 34-year-
old agreement governing the
river that meanders through
New Mexico and Texas.
The two states are at war over
water from the Rio Grande tri
butary that has become historic
ally synonomous with Judge Roy
Bean who called himself the
*
“law west of the Pecos.”
The Supreme Court is sche
duled today to hear arguments
on efforts to resolve a deadlock
on the Pecos River Compact.
T he deadlock comes because
the Texas and New Mexico rep
resentatives are the only voting
members on the three man com
mission overseeing the 1949
compact involving the 725 mile-
long river.
Since 1969, they have been
unable to agree on whether
Texas has been shorted on its
share of water and just how the
water should be apportioned.
' A special master appointed to
resolve the dispute has recom
mended the third commission
member — who is appointed by
the president — be given voting
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MSC OPERA AND
PERFORMING ARTS
SOCIETY
MANDATORY MEETING
for anyone interested in
applying for membership
MARCH 30 &
MARCH 31
7 P.M.
Room #510 Rudder Tower
For more information call
MSC OPAS: 845-1515
Applications available only at the meeting.
Mac OPAS
u.e
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Pi
powers to break such deadlocks.
But both New Mexico and the
government — which originally
entered the case to protect the
rights of Indians and federal
object, saying that
land
violates the provisions set forth
in the agreement approved by
Congress in 1949.
The Pecos River is a small Rio
Grande tributary that rises in
central New Mexico and flows in
a southerly direction through
eastern New Mexico and west
Texas. It joins the Rio Grande
which is the Texas-Mexico
border.
by Frank L
Battalic
;oach Jackie
f weren’t 11
wanted to t
football
[ing workout
Id.
although tlu
11 icially start i
| yets began i
of the slai
And by tl
— incltn
Yau-Shan Horng, a graduate student
in building construction from Taiwan,
prints a student’s name in Chinese at
the Republic of China’s booth in the
Memorial Student Center. There
an international fashion and
show in Rudder Auditorium at
on Thursday.
| letes, walk-o
competing
[player ^ wel
lad - gathet
Jthe field at -
nple had tal
lids to watch
Jn addition,
jgie spring tt
loners and
Im Austin an
Ian High Sc
[Green and (
[dies. Even ;
is new recr
Irk out with tl
found tin
In-to-be lean
Nude photo use OK’d
United Press International
ALBANY — The Court of
Appeals ruled Tuesday that
nude photographs of model-
actress Brooke Shields taken
when she was 10 years old may
be republished if they do not
appear in pornographic maga-
REGISTRATION
MARCH 29 — RM. 212 MSC
MARCH 30 - RM. 2nd FLOOR RUDDER
9 a.m.-6 p.m.
Classes include:
• Dance Exercise Classes
• Basic Mechanics
• Jitterbug
• Country & Western Dance
Language Classes
Musical Instruments
Juggling
Bartending
and more
For more information
call 845-1515.
j.e
Ar
MSC FREE UNIVERSITY COMMITTEE
I the first tin
[son ended w
ps on Nov.
bther fami
n during tin
tedjust over
The stale’s highest co key, a lorn
ruled 4-3 that consent f# ln i n g kud
signed in 1975 by Shit ;hery, a fort
mother, feri Shields,weres pingSherri!
and unrestricted concen istant coacht
time and use. Associate Jn fhe workou
Matthew Jasen dissented.
Photographer Carry & Duple of n
appealed a lower court deal jug blockin
which hat red him permanei itenient tha
from using the pictures*
advertising or trade.
A A
Shields, now 17, entered
appeal by requesting thl
Appellate Division n"
modified to keep Gross fron
ing the pictures in anyway
In 1975, Shields posed®
in a hathtub for Gross, whoi
the resulting photographs
$450 to Playboy Press. Plad
then published them in ah
titled “Sugar and Spice,”
The picture appeared
other magazines, and, as
Court of Appeals noted, t
“in a display of larger-than
photo enlargements in the*
flows of a store on f
Avenue.”
Shields used the pictures:
publication called “The Brfl
Book,” which Gross’ lawyer
Richard Golub, arguedwasi
to promote “a carefully o
lated career based on her so
appeal as a woman-child.
Shields never compl*
that the pictures were pom
raphic, said the court, butt
that “they are not me now,"
were an invasion of herprit
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Bryan
Open Daily 10:30 a.m. - 2:00 a.m.
107 Dominik
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Post Oak Mall
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8008 Post Oak Mall
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