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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (Nov. 13, 1986)
Divestiture Higher Education funds than the students who recieve them?" he said. The plaintiffs include the ASUO. Associated Students of Portland State University, the University Black Student Union and four students who received scholarships from the State System's endowment funds ASUO President Steve Nelson vowed to file a petition for review of the case by the state Supreme Court. The petition must be filed within 35 days, and three of the seven Supreme Court justices must agree to hear the case before it will reach the court. Goldstein said. "The Court seems to have rul ed we do not have standing bas ed not on our allegations, but on what they believe to be our motives." Nelson said. •"The Court seems to believe that we are alleging our injury depends on our opposition to apartheid, hut our arguments alleged fiduciary misconduct!’' • The plaintiffs contend that the State Board's decision to divest was a prudent financial decision and that the Oregon In vestment Council’s blocking of divestment was tantamount to "fiduciary misconduct.’’ "We believe that students who are within the State System of Higher Education, and reci pients of the funds in question, have a separate interest in the management of these funds from the general public,*' Nelson said. lames Casby. assistant at torney general for the State System, was unsure if the Supreme Court would decide to hear the case. "The standing issue is not very interesting to the general public but it is legally valid in a narrow, technical sense and highly controversial." Casby said. The appeals court decision reversed a 1979 trial court rul ing that the plaintiffs do have standing to bring suit. By so doing, the Court of Ap peals avoided a decision on whether the state Board of Higher Education's 1977 resolu tion to divest funds from South Africa was »n violation of the state’s "prudent investor rule," the issue which gave rise to the suit nine years ago. Immediately after thn State Board drafted the 1977 resolu tion, the state Attorney General blocked the divestment, saying state investment decisions can not be made with moral or ethical considerations but only considerations of financial return on the investment. The student plaintiffs filed suit in 1978. and through a legal technicality the State Board was named as a co-defendant with the Oregon Investment Council, which the Attorney General had ruled was responsible for managing the funds in question. The trial court granted the plaintiffs legal standing in 1979, but the students lost the suit in 1984 when the trial court ruled that the State Hoard's decision to divest was a viola tion of the prudent investor rule. The students appealed the ruling that divestment violates the prudent investor rule, and the defendants appealed the rul ing that the student plaintiffs had standing to bring the suit. By siding with the defen dants. the appeals court is say ing that "no matter how wrong the Attorney General's decision is. nobody has the right to review it in the courts. They're admitting full-well that the AG's decision might be wrong," Goldstein said. Council Continued from Page 1 from 30 days to 120 days. After a city ballot measure passes, it becomes a city or dinance. which the City Coun cil has the authority to amend or rescind without voter approval. But Glen Potter, an In tergovernmental Relations staff assistant, said he thinks coun cilors have little interest in drastically changing the nuclear-free ordinance. "I think there's quite a bit of reluctance to thwart the will of the people.” he said. The measure passed 24.153 to 17.065. City Councilor Ruth Bascoin said voters may see an amended version on the ballot in March, the earliest the issue could be voted on. or the City Council may work through the problems itself without voter input. She added that the or dinance's shaky start does not take away from the need for nuclear-free legislation. City Councilor Cynthia Wooten said the council is not interested in sabotaging the issue but only in tying up loose ends, “something that needs to tie done in the most thoughtful and clear way possible." Fears that the council would simply throw out the ordinance are unfounded, said City Coun cilor |eff Miller. "Nobody's going to subvert the intent of the people." he said. "The people have spoken, and it's a democracy, so we listen to the people.” Rut Miller added that the or dinance's wording may present some legal tangles that will have to be worked through Forum Continued from Page 1 "I’m not sure where I stand on the issue because I think it is highly desirable to control the use of drugs, but 1 don't know whether the methods which were thought of were extreme, and I don't know if they were fair to students." Olum added. Olum said he would have been more satisfied with the drug-testing policy had the Athletic Department applied the drug-testing procedure only to newly recruited high school students who were informed of the drug-testing policy and were free to sign the agreement for testing. Participants in the forum also discussed the Carnegie Report, issued last week by the (Carnegie Foundation for the Advance ment of Teaching. The report said many of the nation’s col leges and universities are mure successful in issuing creden tials than in providing a quality education for their students. It also stated more colleges and universities should fight overspecialization by students and require upperclassmen to take seminars in the sociul and ethical aspects of their major field. Olum said he was not im pressed with the report, and said he was unsure of what the commission was suggesting. A commission suggestion to limit training in highly specified, technical classes to graduates was seen by Olum as an imprac tical idea. “I don't understand just what they object to. There is career training and at the same time we try our best to combine it with some fairly decent distribution.” Olum added Nelson said that he would like more students becoming in volved with the various student groups at the University. "If then) was a way to incor porate that into everyone's col lege education, I would certain ly like to see that happen," Nelson said. Ethics classes should be in cluded as a part of a Univer sity's curriculum, said Caitlin Cameron. ASIJO vice president. KERNELS Watch for them in Spectrum EVERY THURSDAY! -.UOBookstore= c^5AturPaY CElEBr£T]ON5 AT THE UO BOOKSTORE ATSs J-fl IIOC IN THE GENERAL BOOK DEPT Nov. 15 — Rainbows 13th 6 Kincaid M F 7 30 5 30 SAT 10 004 00 6*64331 WKTFf^ Continued from Page 1 but one few people know about. This is a way of spreading the news about this place." The original Oregon State Constitution is also on exhibit, and the Eugene chapter of the Society for Creative Anachronism also is providing an exhibit on medieval life. The society, a non-profit educational organization, hopes to re-create the arts, sciences and values of the middle ages. Members of the society will be at WISTEC in traditional garb demonstrating medieval crafts and lifestyles. Pam Perryman, an SC.A member who set up the exhibit for the group, said it will show more than 2,000 schoolchildren around WISTEC for the length of the exhibit. On Saturday, the SCA will be staging a mock combat on the lawn of WISTEC, with hopes of catching the interest of the foot ball crowd at Autzen stadium. Parker believes people will come to see the Magna Carta and think about its significance. "I hope people en|oy the romance and symbolism of it as well as appreciate the academic and intellectual aspect of the document," he said. 'nOT IS^IIwV I* iN ITf + L? l/NTH IN tCA6.LV, C/N V",Tf ICAKl V VN^<AKA&IV, - P UAtO~ 7 ^ poppi/ CREEK TAVERNA WE SHALL CONTINUE BEING. WITH GOOD GREEK FOOD, WINE. AND ABUNDANT SPIRIT AT OUR OLD LOCATION AND THEN ONTO OUR NEW ONE. 343-0846 CLOSED TUES. SKIERS! 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