USD Magazine, Winter 2002

WINTER 2002 volume 17 • no . 2 USD MAGAZINE 8

features How Have We Been Changed? Vigils, panel discussions and on-campus debates provide insight into the the impact terrorism and che war in Afghanistan has had on our lives. Caught in the Middle Stunned by the terrorist attacks, Americans are wondering why hatred of the United States is so intense in some Middle Eastern nations, and what we can do to prevent fu cure tragedies. The Law ofWar USD legal experts expect many of che measures recently approved to combat terrorism to hold up in court, but won– der what the long-term impact may be on civil rights. The Road to Recovery Resilient in the face of tragedy, Americans are expected to turn to faith and each other in che coming months. Dove and Hawk Two students with different perspectives on the war in Afghanistan share their beliefs about the United States' role in the conflict.

USD Magazine http://alumni.sandiego.edu/usdmagazine

ED !TOR Susan Herold e-mail: Sherold@sandiego.edu CONTRIBUTING EDITORS Michael R. Haskins Mhaskins@sandiego.edu Timothy McKernan Timothym@sand iego.edu Krysm Sh rieve Kshrieve@sandiego.edu DESIGN & PRODUCTION Warner Design Associates, Inc. PHOTOGRAPHERS Rodney Nakamoto Gary Payne '86 John Rau Brock Scott Front and back cover phoros by Gary Payne PRESIDENT AJice Bourke Hayes VICE PRESIDENT FOR UNIVE RSIT Y RELATIONS Jolrn G. McNamara EXECUTIVE DIRECTOR FOR COMMUNICATIONS AND MARKETING Harlan Corenman USD Magazine is published quarterly by the University of San Diego for its alumni, parents and friends. Editorial offices: USD Magazine, Publications Office, University ofSan Diego, 5998 Alcala Park, San Diego, CA 92 11 0-2492. Third-class postage paid at San Diego, CA 92110. USO phone num– ber (6 19) 260-4600; emergency security (6 19) 260-2222; disaster (6 19) 260-4534. Postmaster: Send address changes to USD Magazine, Publications Office, University of San Diego, 5998 Alcala Park, San Diego, CA University of San Di ego

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International diplomats and former President Jimmy Carter outlined peace plans for warring nations during the inaugural conference at the Joan B. Kroc Institute for Peace and Justice. Alumni Gallery Ned Mansour '73 penned a novel after caring for his ill best friend ... Marjorie Cutting '81 stitches together history. In Their Own Words Freshman Yazaid Al-Salloom, a Saudi Arabian student, tells of his experiences after Sept. 11 . Calendar

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ALCALA ALMANAC

Welcoming the World Dedication and Conference Mark Opening of Peace Institute

"Increasing foreign aid is (for members of Congress) political suicide," Carter said. "There is a feel ing in chis country chat we are so wealthy, so blessed, chat we deserve it. There has to be a groundswell from citizens for (our priorities) to change ." Prior to che conference, USD President Alice B. Hayes and Board of Trustees chair Liam McGee were among chose who offi– cially welcomed the local and international community during the instituce's Dec. 5 dedication. Boch recognized Joan Kroc for her $25 million gift, which made the center possible. "(Mrs. Kroc) sec before us the challenge of seeking alternatives co violence as espoused by Mahatma Gandhi," Hayes said. "We start by seeking peace in our hearts, and hope through serious dialogue and study co spread peace co all. " Kroc said both the facili ty and the dedica– tory conference exceeded her expectations. ·«1 was overwhel med, " she said. "I wanted co create a place where students interested in peace could have a dialog in a safe and serene place, and we have done that." Kroc said she was moved by the number of young people at the dedication who said they had no idea of the extent co which violence happens every day co people throughout the world. "Even my own grand–

GARY PAYNE PHOTOS

T he Joan B. Kroc Institute for Peace and Justice formally opened its doors in December, and the world stepped inside. Former President Jimmy Carter, former Cosca Rican President Rodrigo Carazo Odio and a host of international diplomats were among the participants at the instituce's inaugural three-day conference, designed co develop peace initiatives in Nepal, Guatemala, Macedo nia and the Democratic Republic of Congo. Policy papers ouclining participants' recommendations will be published in the coming months, says institute director Joyce Neu, and should provide a fo undation for peace negotiations in chose regions. T he United Scates war in Afghanistan also was examined during the conference's first fo rum, "Challenges co Peacemaking with Justice. " Career, who previously worked with Neu at the Career Center in Atlanta, expressed concern about che lack of justice in some current U.S. policies.

Career characterized President George Bush's recent order co create secret military tribunals co cry suspected terrorises in the United Scates as "a serious mistake," saying they probably violate the U.S. Code of Military Justice, which guarantees defendants a public trial and the right co appeal verdicts in civil court. "We might be laying the ground to undermine what is an inevitable military victory," Career said. "le subverts the basic principles the United Scares represents ... I believe the president and his associates will modify the existing order and the basic principles of justice will be combined with peace to mirror the values of chis institute." Career said the "root cause" of the 110 armed conflicts currently being fought in the world is the growing disparity berween rich and poor. To illustrate his point, Career said the average American household income is abo ut $50,000 per year, yet 1.2 billion people in the world live on less than a dollar a day.

daugh ters were amazed," she said. "If we can awaken social conscience, and get people to feel connected to others all over the world, the institute will have well served ics purpose. " Kroc, also the benefactor of the Kroc Institute for International Peace Studies

Joan Kroc admires a gift presented to her during the dedication ceremony.

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Giving the Ultimate Gift African Missionary Honored for Humanitarian Service T his Christmas day, as she does every day,

at che University of Notre Dame, said she wanted a peace institute in her adopted hometown. "San Diego is very dear co my heart," she said. "If I had the money I'd have a peace institute in every university in the world, bur USD and the students are special. I can't chink of a better place." Kroc says she has been active in the insci– tuce's development and intends co remain involved, working with Neu on an ambi– tious agenda. "There are a lot of areas we wane co address, like easi ng poverty and examin ing che roots of hatred," she says. "T hrough the conferences and faculty and student work, I'm very much looking forward co the insti– tute making a real difference in chose areas." Angela Mitchell, a senior majoring in political science, says the institute adds a new dimension co USD, establishing the university as one of the few centers for

Sister Anastasia Lott '79 gave the most precious gift possible. She gave herself. For more than a dozen years, Lott has dedicated her life to the poor and the sick in Africa, where she works as a missionary for the Maryknoll Sisters, a group of Catholic Sisters who devote their lives in service overseas. In Namibia, a country of 1.6 million people border– ing South Africa, Lott works alongside people for whom daily life is a constant struggle.

peace studies in the Un ited Scares. "A lot of students were very excited when che master's program (in peace

In recognition of her lifetime of service, Lott was honored with USD's 200 I Bishop Charles Francis Buddy Award, presented annually to an alumna or alumnus who demonstrates extraordinary commitment to humanitarian causes.The award, which was presented at the San Diego Alumni Mass on Dec. 8, was accepted by her brother, Christopher. Lott remained in Namibia to work with the community. "Through the commitment and integrity of USD's faculty and staff, a lot of my good intentions and abilities were given appropriate support and direction," Lott wrote in an e-mail after being notified of the award. While the Namibian people try to survive amid an almost unbearable litany of war, corruption, famine and disease, Lott works every day to make their lives a lit– tle better. In addition to Christian outreach, she teaches them about health care and improving their living conditions. One of nine children, Lott credits her experi– ence at USD for focusing the values she learned from her family toward the serv– ice she has performed there. "I have long been and continue to be grateful for the mentoring I received at USD, which has had a continuous effect on my life," she says.

studies, scheduled co launch next fall) was announced," she said. "le really secs USD apart from the crowd. We're on the map now as a major university. " - Timothy McKernan

What Is It? We'll be testing your knowledge and memory of Alcala Park in each issue of USD Magazine by running photos of campus landmarks, hot spots and haunts. If you can identify the photo, congrats, you've got a keen eye. If you need a little help, turn to page 29 for the complete picture.

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ALCALA ALMANAC

'I Was Just There for Them' Single Mom Named Parent of the Year A single, working mother who managed co put her three children through

college while caring for her own elderly mother and aunt recendy was named USD's Parent of the Year. Mary Gardner, mother of junior Michelle Gardner, was recognized at a Mass in Founders Chapel during the 2001 Family Weekend in November. Mary says she was so surprised by the award char when her name was called, she glanced around the church for another Mary Gardner. "I chink it's so important co cake pare in your kids' lives," says Mary, whose cwo ocher children include Vicki, 26, an Arizona Scace University alumna. and Eddie, 23, an ASU student. 'They need co know chat you're behind chem. I was shocked because I didn't chink I was doing anything special, I was just there for chem." Michelle, 20, who majors in sociology, says her mother always has been involved in her school and extracurricular accivicies, and continues now as a member of USD's parent board. "It's so hard co say how much my mom does in our lives," Michelle says. "I just wanted her co be acknowledged for her hard work. She's deserved something like this for so long."

Junior Michelle Gardner says her mother, Mary, sacrificed for her education.

even secs her alarm early co give chem wake– up calls on mornings of big exams. The sac– rifices she's made throughout the years, she says, helped instill in her children the impor– tance of education. "I couldn't go co college because I needed co work in the family business," says Gardner, whose family owned a bowling center until 1996. "So I always felt educa– tion was important. I figure when they're our of college and on their own, then it will be my time."

Michelle says it still amazes her co see how effordessly her mother seems co juggle her responsibilities. "She gees up every morning at 4:30 co make sure my aunt and grandma have break– fast on the table, and gees home lace at night," says Michelle. "She makes so many sacrifices for us. " Mary, who lives in San Carlos, Calif., and works in d1e controller's office ac Stanford University, talks co each of her children sev– eral rimes a day, visits chem regularly and

Freshman Class Profile 200 I

62,823 Inquiries made by aspiring freshmen 6,702 Applications received by admissions office 1,004 Number of freshmen in 200 I class

3.73 Average high school grade point average fo r an incoming freshman 26 Percent of freshmen who had a 4.0 GPA o r higher in high school

1,162 Average score on the SAT (maximum is 1,600) 203 Number of freshmen from San Diego County 3 Number of freshme n from Alaska

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Diversity Improves T he results of a campus-wide effort to improve diversity in the student body were seen in chis year's freshman class, says Admissions Director Stephen Pultz, who noted a substantial increase in the number and quality of students of color applying to the university. Pultz says 31 .3 percent of this year's fresh– man class is made up of students from under-represented groups, compared to 25 .4 percent last year. Pultz said the increase is significant in light of today's intense compe– tition among colleges for top students.

In the News

Toreros Finish in Second Ar the close of the Torero football season, *" two defensive players who became best friends enjoyed one final taste of glory. Seniors Anthony Banovac and Kyle Slusser - who were featured with the rest of the ream in rhe Fall 2001 USD Magazine– were named to the Pioneer Football League's All-Conference first ream. Slusser set a USD record with 15 career interceptions, and Banovac is second on the Torero all-rime list in quarterback sacks with 18. More important, the two seniors helped the ream to a 6-3 record, its best since 1997 and good for a second-place tie in the PFL. "Some of our most dominant offensive players had graduated, so we came in with a lot of unknowns," says head coach Kevin McGarry. 'Tm proud that these players stepped up, played with confidence and accomplished so much. " Other top players included sophomore Eric Rasmussen, a rookie quarterback who threw 15 touchdown passes and ran for two more, and senior Dylan Mora, rhe No. 8 punter in the nation and rhe best in the PFL, who made the All-Conference first ream at his other position, wide receiver. Senior right end Mart Guardia and senior offensive lineman Justin Dixon also were

Honorable Intentions U SD's Academic Integrity Committee recen tly presented a report to President Alice B. Hayes recommending the creation of a student-enforced honor code. Currently, students abide by an academic integrity policy that is overseen primarily by faculty. The new policy would be similar to the School of Law, where students rake an active role in the creation and enforcement of an honor code, reporting violations and meting our punishment. An10ng the suggestions: Hire a university ethics officer to oversee a campus-wide aca– demic integrity and judicial affairs program; create an eth ics code to govern behavior of high-level administrators (the president and her cabinet) and students; implement a "top down" ethics training program for all mem– bers of the USD community. "Cheating rares don't go down until stu– dents control their own behavior," says CoLlege of Arts and Sciences Dean Patrick Drinan, who served on rhe committee. "Studies show a student-enforced honor code can cur cheating rares in half."

Law Professor Remembered

t w Professor

Paul Wohlmurh,

a faculty member since 1975 who specialized in reach– ing contracts and researching the rela–

tionship between law and human behavior, passed away Nov. 30. He was 63. School of Law Dean Daniel Rodriguez called Wohlmuth "an esteemed colleague, an imaginative scholar, a dedicated reacher, and a devoted university citizen" whose interests spanned much of rhe school's curriculum. "Through his work with the Institute of Law and Systems Research, which he found– ed, and through his collaborations with many of the world's leading behavioral scien– tists and cognitive theorists," Rodriguez said, "Paul explored the deep questions of how human beings, through legal rules, structures and theories, deal with a complex world. " A graduate ofYale Law School, Wohlmurh taught at the University ofToledo and the University of Pennsylvania before joining USD. Wohlmuth received a National Science Foundation grant and a University Professorship for his research into human activity patterns, which are being applied to workplace health and safety regulation. Condolences can be sent to family mem– bers in care of Dean Daniel Rodriguez, USD School of Law, 5998 Alcala Park, San Diego, CA, 92110.

picked for the All-Conference squad.

Wide receiver Dylan Mora

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HOW HAVE WE BEEN CHANGED?

How

In the wake of the Sept. 11 terrorist attacks, the University of Sa forums to foster discussion of the terrorism crisis and war in Afghanista , event featuring faculty and students, and a panel discussion on the media host d Peter Jennings. The reactions to the tragedy and military intervent ion illustrating the unique mix of opinions, beliefs and faiths that make up the S and the United States.The following is a sample of those opinions.

"It's great to be able to discuss this in philosophical terms . But if these people are not going to listen to reason, and they have a weapon, the appropriate response is to take out the appropriate weapon and deal with them. My advice is, don't be caught philosophizing when the assassin comes to slit our throat." - Commander Steve Diamond, NROTC, San Diego State University

"On Sept. I I, the terrorists' mission was a hate crime . Whether they were sent by Allah, God or the Grand Wizard, they wanted to do away with someone who was not like them. Ten·or is not new here, there have been thousands of lynchings ... and how many Native Americans were civilized to death? We cannot afford to ignore what is happening in our own country and not expect the same in our foreign affairs. " - student Keisha Brown, United Front member

"(60 Minutes producer) Don Hewitt once told me television is alternately a theater where you can watch a sitcom, a sports stadium where you can watch a football game and a chapel where the nation can worship. In the days after Sept.11 , television gave Americans something new: a campfire around which we could hug, share our grief and wonder why these tragedies happened. " - Peter Jennings, ABC News anchor/senior editor

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BEENC iego hosted several i eluding an Associated Students by ABC News anchor are as diverse as our nation, ommunity

"What can one person do in an increasingly violent society! Even if one of us remains peaceful, we can make a difference. We have to meditate on peace ... and develop as much sympathy for the Taliban as the people who died in Washington and New York." - Buddhist Leshke Tsomo, religious studies professor

"Our sense of safety has changed, and our sense of possibility has changed." - student Aisha Taylor, Associated Students "We in America talk of freedom, but we do not see that some people have not been free in generations. We talk of peace and human rights, and yet demand that the worl.d stop knocking at our affluent door for help to have peace and human rights. One week before Sept. 11 , the United States walked out of the Worl.d Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerances. I was there." - Dee Aker, director ofWorld Link, a USD sponsored program that brings high school students together to discuss peace and justice "Americans love to throw around the word spiritual, but to be spiritual is hard work. It's not about sitting around and lighting candles, but looking into ourselves and seeing what good we can bring out of this tragedy. " - The Rev.Jose Pimentel, University Ministry chaplain

"Back in the early 90s, the Taliban was fighting the Soviets, and most of the worl.d, including the United States, turned a blind eye to their ideological framework. My gut feeling is if there had been a sustained program of social and economic development within Afghanistan, they would have been less receptive to the likes of bin Laden setting up terrorist camps in their country. " - Ali Gheissari, religious studies professor

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W INTER 2002

CAUGH

Stunned by the terrorist attacks, Am hatred of the United States is so inte nations, and what we can do to preve

by Timothy McKernan B efore Sept. 11, the Middle Easr was, to most Americans, a mysterious, even perplexing place. Although news media regularly reported on events half a world away in Israel and rhe region's Arab nations, including Iran and Saudi Arabia, ir remained an enigma, a place where we sent billions of dollars for oil, bur where citizens remained impoverished, a place where we sold weapons to governments while encouraging peace. When Osama bin Laden's Afghanistan-based al-Qaeda net– work was identified as the perpetrator of the terrorise attacks, Americans began asking themselves questions chat had no easy answers: Why do many Middle Eastern nations so despise the United States? Why are we involved in their seemingly internal religious conflicts? And now chat the U.S. military is engaged in Afghanistan, what do we do now? The Oil Fields: A Slippery Slope To understand U.S. policy in the Middle East, experts in the field look at one constant in the region - its vast oil reserves. As the industrial revolution reached its zenith in the early 20th century and oil was discovered throughout the region, it appeared as an oasis to developed nations. Western countries, chiefly Great Britain and the United Scates, began to establish business interests. "Moses found water, but the Arabs found oil," says John Stoessinger, distinguished professor of global diplomacy at USD and Inamori chair of peace studies at the Joan B. Kroc Institute for Peace and Justice. "It's an overstatement to say that oil is the only reason for the United States' involvement in the Middle East, but it is certainly a key one." A position paper prepared by the U.S. government in 1953 was more blunt: "American oil operations are, for all practical purposes, instruments of our foreign policy." Oil interests became intertwined with political developments that further compelled the U .S. to become an active player in the Middle East. As the Cold War with the Soviet Un ion evolved in the 1950s, several states - Kazikstan and Uzbekistan among them - gave the Kremlin a powerful presence, and the United States feared not only losing it share of control of the oil fields, but, perhaps worse, watching the Soviets assume it.

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USO M AGAZ I N E

The United Scates government soon found its permanent foothold in the region - Israel. When Zionists began pressing for a Jewish homeland in Palestine late in the 19th century, they found a receptive audience in the Un ited Scates. By the time David Ben Gurion announced the creation of the state of Israel in 1948, support of the new Jewish homeland was not only

USD's ROTC unit was ordered by the Pentagon to operate under the highest state of security.

politically popular, but also represented che opportunity to help establish a crucial client-state. Literally from the beginning, when the United States gave full diplomatic recognition to Israel 11 minutes after Ben Gurion's announcement, its support of Israel - militarily, economically and politically - has been unwavenng.

"It's an overstatement to say that oil is the only reason for the United States

involvement in the Middle East, but it is certainly a key one." -USO Professor John Stoessinger

"In 1948, when the horrors of the Holocaust became known, there was a sense of moral obligation in the U.S. to help che Jews find a homeland," says Kathryn Stader, a USD history professor. "But there was also the political reality chat we needed Israel almost as much as Israel needed us, so we could counter the Arab and Soviet presence, and by extension, protect our oil interests." The American business and military concerns in the Middle East were an affront to many in the Arab world, who likened the interventions to The Crusades of the Middle Ages, when Christians persecuted Muslims. The Iran hostage crisis of 1979

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to die before chose in power acknowledge chat. History shows the greatest challenge che peacemakers face is from the fanatics on their own side: (Egyptian President) Anwar Sadar was killed by an Egyptian, (Israeli Prime Minister) Yiczhak Rabin by a Jew. The U.S. must create a structure for peace chat will allow che moderates to be heard through rhe emotional din of che fanatics. "I think the United States needs to be careful with whom we make friends ... I'm not sure the Northern Alliance is that much better than the Taliban." -USD Professor Kathryn Statler "Boch sides," he adds, "must be exhausted by violence before that structure can be created. The British and rhe Irish seem to have gotten there, and now perhaps because of the terrorise accacks and che U.S. mili– tary accion in Afghanistan, che Middle East has as well." Scarier says that since the Arab nations can control rhe oil market through OPEC (Organization of Petroleum Exporting Countries) and chus squeeze the United Scates politically and economically, U.S. energy policy must change. "We absolutely must develop alternative sources of energy, and chat doesn't mean drilling in ANWR (the Artie National Wild– life Refuge in Alaska) or off che California coast," she says. "Ir means becoming less reliant on fossil fuels. We are so fearful of the Middle Eastern oil pipeline to the U.S. being shut off char it clouds our judgment on ocher issues." Making the Hard Choices Srader also is wary of rhe United States' military accion in Afghanistan. Parrnering with rhe Northern Alliance in Afghanistan and che Pakistani government - both entities wich their own list of human rights violations - may simply be choosing the lesser of two evils, she says. "I chink rhe United Scares needs to be careful with whom we make friends," she says. "The Pakistani regime has been an oppressive one, and I'm nor sure the Northern Alliance is chat much beccer than rhe Taliban. The pose-Taliban era in Afghanistan is going to be crucial, and we should rake chis opportunity to forge continued on page 25

to 1981 , che 1983 truck bomb accack on a Marine barracks in Lebanon, the Gulf War in 1990 and the attack in 2000 on che USS Cole in Yemen all served as reminders of United Scates unpopularity. In a statement after the Sepe. 11 accacks in which he called for a holy war against che United Scates, Osama bin Laden referred to a "Zionist-Crusader alliance" while calling on all Muslims to "cleanse the land from these Crusader occup iers." Peace in Israel First Step Many experts agree chat che United Scates' first seep toward shoring up relations with the Middle East is resolving che longstand– ing conflict between Arab nations and Israel. Since Israel's birch little more than 50 years ago, four wars have been fought and countless acts of terrorism committed for a scrip of land smaller chan New Hampshire. "There is a great deal of tension in the Arab world about the U.S. accirude toward Israel," says Vali Nasr, a USD professor of political science who specializes in rhe Middle Ease. "Mose Arab leaders have all bur resigned themselves to che right ofisrael to exist, but they wonder what exactly the United Stares is supporting. The percep– tion is Israel is a creation of U.S. colonial– ism. The U.S. faces a huge challenge to

change chat perception, because unless ir does, peace will be extremely difficult to achieve, if not impossible." Stoessinger says che Un ired States must forge a coalition of moderates on both sides for peace to be achieved. "A compromise is inevitable," he says. "Ir's a maccer of how many people are going

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USO MAGAZI E

ON THE FRONTLINES OF GERM WARFARE

Graduate Tracks Deadly Anthrax in Nation's Capital by Krystn Shrieve

S hrouded in a hooded haz-mac jumpsuit, Ann Dell inger '82 relied on her respiracor and training as a biologist as she gingerly made her way through che deserted federal building, searching for spots where an innocent-looking lener may have shed deadly anthrax spores. For cwo weeks in Occober, as che nation reeled from news chat the bacteria was being delivered through the mail, che epidemiologist for the Centers for Disease Control and Prevention in Atlanta exam– ined government buildings, calculating the routes of contaminated leners and determining where anthrax may have escaped. The dangerous detective work was anything but routine for the 41 -year-old biology graduate, whose eight-year career with che CDC, where she works in injury prevention, usual ly means poring over mocor veh icle accident records or analyzing daca on injuries caused by natural d isasters. "I had about four hours co gee home, gee packed and get co the airport," says Dellinger, who is not allowed co discuss the specifics of her team's investi– gations. "I was pare of a second wave of staff co be sent co the Washingcon, D.C., area. I had no idea how long I would be gone." On call for emergency investigations for the next year, Dellinger is part of a team in charge of design– ing environmental sample plans, blueprints char help ocher CDC teams trained in handling hazardous materials determine where co collect anthrax samples. "This requires basic, shoe-leather detective work such as determining how mail enters a building, che route it follows and its method of distribution once inside che building - whether it's delivered in bas– kets or carts or by hand," says Jana Telfer, associate direccor for communications at the National Center for Injury Prevention and Control. To dace, approximately 250 CDC experts have been called upon co investigate possible or actual anthrax cases in seven scares and che Washington, D.C., area. As of December, there have been 18 confirmed cases and five an chrax-relaced deaths. Dellinger was chosen co participate in the anthrax investigations based on experience. She previously studied injuries co rescue workers following the 1995 bombing of the Alfred P. Murrah Federal Building in

Oklahoma, and injuries caused by floods and mocor vehicle accidents in various states. She had co research anthrax intensely before boarding the plane co Washingcon, arming herself with basic knowledge - anthrax is not con tagious; catching che disease requires direct exposure co a sig– nificant quantity of spores; severity of che illness depends on the type of anthrax contracted and how quickly it is identified; and antibiocics can successful– ly rreac the disease.

Ann Dellinger '82 tracked anthrax-laced letters.

"Even though I work in injury prevention, I work at the CDC, so people ask me questions on just about any kind of health problem," Dellinger says. "I figured my mother was going co ask me questions (about anthrax) chat I wanted co be ready for." Dellinger says when she heard abo ut che ini tial anthrax incidents, she felt a combinatio n of shock, disappointment and anger, but says she is always ready co do her job. "The world has changed in ways I couldn't have imagined," Dellinger says. "Biological weapons have been used against us, something char wouldn't have seemed real istic just a short while ago. I'm graceful chat I have the opportunity co help. " +

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WI N TER 2002

THE LAW OF Secret legal proceedings, detaining suspects without charges and expanded wiretaps are some of the tools the govern– ment is using in the domestic war on terrorism, leading some to wonder if we're damaging our freedom in the process. by Susan Herold I t was a break in political decorum - a former president criticizing a current Philosophy. "There are situations that demand you do things that you prefer you wouldn't have co. But do the results justify the means?" "I think we should rake a deep breath and slow down," adds Professor Lawrence

president during wartime. But when former President Jimmy Carter recently cold attendees at a USD peace conference that President Bush's plan co cry suspected terrorists in secret military tribunals was a "mistake," he joined a growing debate in the halls of Congress and college campuses. Have we gone coo far in our domestic war on terrorism, threatening the civil rights and open immigration policies that are the foun– dation of America? Or are we merely giving law enforcement the necessary cools co deal with foreign terrorists who have no concept of justice? "This is tricky business, because the law of war is not the law of a civil society," says School of Law Professor Michael Moore, co-founder of USD's Institute for Law and

Hinman, direccor of USD's Values Institute. "We need co realize we are a powerful coun– try, and we can win this without sacrificing at home some of our most prized posses– sions, namely civil liberties. " In addition co Bush's order for the tri– bunals, Congress has passed legislation giv– ing law enforcement new powers co track "suspected terrorists," including expanded wiretaps, the ability co seize voice mail and e-mail, searches of homes where suspects live without notifying the property owners, and the detention of up co six months of suspects without the filing of charges. To date, 1,000 non-citizens, primarily Middle Eastern men, have been detained by the Justice Department, with more than 600 still in cusrody. According to USD's experts in Constitutional law, the measures approved so far likely will hold up co potential legal challenges. They note that non-citizens do not have the same Constitutional rights as citizens - they are not allowed co vote, not allowed co remain in the country without the proper documen– tation, not allowed co remain indefinitely - and as such are subject co more intense scrutiny. "I understand the Constitutional argu– ments when people criticize detention with– out the filing of charges," says Mike Ramsey, USD School of Law professor, "but there is no Constitutional obligation co allow aliens in the country in the first place. The Supreme Co urt cases involve what states can do co aliens .. . bur they don't say anything about what restrictions the federal government can attach co aliens."

y Carter criticized President Bush's ry tribunal policy during a peace ence at USD.

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Americans," says Ramsey. "In our present sit– uation, we do know there is a very clear dan– ger from some Middle Eastern co untry aliens who may be here. "A comprehensive ro und- up of all aliens today is still problematic ... but I actually chink che government has been fairly restrained," Ramsey adds. "To say char it's unfair to single our Islamic aliens for investi– gations misses the point. Lee's not lose sight of the face we were attacked by Islamic extremists." While the measures may be restrained under the current circumstances, some wonder how the law will be applied to groups or individuals suspected of terrorism in the future, such as anti-abortion extremists, white supremacists, militia groups or drug carrels. ''After al-Qaeda is defeated, who is going ro be the next set of terrorises we'll wiretap? Who is the next group of enemies of the state, and will they be as deserving as these?" wonders law Professor Mike Kelly. "And if it is easier for the government co identify possi– ble suspects because of their racial character– istics, shouldn't the government need less extraordinary measures, not more, to find these people?" Kelly, who specializes in contract law, says the current sicuation has parallels to the lace 1960s, when Attorney General Robert F. Kennedy declared war on organized crime and succeeded in getting passage of the Racketeer Influenced and Corrupt Organizations Ace, or RICO. Designed to bring down mob bosses by dismantling their financial empires, the law is used today to target business owners and ochers not associ– ated with the Mafia. "For example, RICO prosecutes mail fraud, and if you send two different letters with lies in chem, then yo u're a racketeer, and you can be sued and found gui lry under RICO," says Kelly. "Congress was chinking Mafia, but litigation is now mail and wire fraud, which surely wasn't what Congress had in mind. Bue 20 years have gone by and we haven't been able to change the law." Justice Behind Closed Doors? Perhaps the most controversial aspect of the anti-terrorism measures to dace is Bush's order ro cry suspected terrorises in mili tary tribunals. Carter, who spoke in December at the Joan B. Kroc Institute for Peace and Jusrice inaugural peace conference, said the United Scares' reputation as a defender of continued on page 16

Some changes, such as allowing federal agents to cap any phone used by a suspect anywhere in the United States, and allowing judges to issue nationwide search warrants to compel Internet providers to turn over e-mail from suspected terrorists, have prompted lit– tle debate. Law enforcement had sought chose changes prior to Sept. 11 to keep up with technology - previously, agents had to get a warrant to cap each phone a suspect used, a burden considering che availabiliry of cell phones. "And with e-mail, when we would try to crack it, we would have to gee a separate warrant in each judicial district," says San D iego FBI Director Bill Gore, a 1969 USD graduate. "When you consider chat e-mails can bounce between fo ur or five different Internet service providers, you see che problems. " Who Will Be Next 'Terrorists?' Bue chose expanded powers, when combined with the law that allows the Juscice Department to detain any non-citizen suspected of terror– ism for up to six months without being charged, have prompted comparisons to the United Scates detention of Japanese– Americans in guarded camps during World War II. The detentions were upheld by the Supreme Court, a decision most legal schol– ars say was wrong and based on the political climate at the time. "The premise of the internment of Japanese-Americans was chat they posed a securiry threat, bur there was no real threat of sabotage or disloyalry from Japanese-

15

Wf N TER 2002

HOW HAVE WE BEEN CHANGED?

Climate for International Students Turns Chilly Some Return Home, Others Not Applying to U.S. Universities W hen it was revealed by the FBI that several of the terrorists suspected in the Sept. 11 attacks

human rights may be threatened by the tribunals - secret, closed proceedings without juries, where the ultimate sen– tence, death, can be mered our. The tribunals, which have been upheld by the Supreme Court, were used in World War II, when eight Nazi saboteurs snuck into the country with explosives and a plan to bomb military and civilian instal– lations. Six of the eight were electrocuted. "We might be laying the ground to undermine what is an inevitable military vicrory," with the tribunals, Caner said, adding that many Washington Democrats oppose the idea bur are afraid to publicly condemn it, given the nation's patriotic climate. Applauding Carter's seance is Hinman, who notes some nations say they will not turn over suspected terrorists to the United States unless they are tried in public. "The United States wouldn't put up with secret trials of its citizens by other countries, so why are we surprised?" Professor Maimon Schwarzschild, a Constitutional law expert who served in the Justice Department under Carter, defends the tribunals, saying they are nec– essary to keep suspected terrorists from sharing information during a public trial or using it as a venue to spout propaganda. "The first World Trade Center trial was a disaster. Not only was it used as a prop– aganda platform, a lot of information about the way the World Trade Center was constructed came out," Schwarzschild says. "You're not dealing with crime here, you're dealing with warfare. If you hold a public trial you disclose where the infor– mation is coming from and, secondly, you invite terrorists to take more hostages ... until they let those on trial go." Schwarzschild says the tribunals are unique in that they apply only to non– citizens, and that the president must notify Congress when tribunals are being held and report the results. He said political pressure on the president to act appropri– ately should be enough to prevent abuse. "Oddly, a lot of people who claim to be shocked (by the tribunals), say it's a terrible perversion of justice and then the punchline is they say we ought to just shoot them (suspects) out of hand," he says. "If the alternatives are a court mar– tial to make sure you got the right guy or to shoot them between the eyes, I think the first choice is better." +

entered the United Stares on student visas, Yvette Fontaine - who over– sees USD's international student pop– ulation - was disappointed, but nor surprised. Last year, she got an unwelcome look at just how easy it was to enter the country illegally by manipulating the paper-chin immigration system : Three foreigners - an Algerian, an Italian and an Indonesian - falsified paperwork and forged her signature to gain access to the United States. Fontaine discovered the deception when rhe Immigration and Naturalization Service sent her routine forms to con– firm rhe three were attending USD. "I checked the file and fo und chat they had never even applied," says Fontaine, who immediately notified INS. "I lacer found out that an inter– national ring was selling forged signatures (of university officials) for $2,000 apiece. Ir's just a piece of paper, so it's easy to duplicate." Those familiar with the INS-administered student visa process have long known that it is susceptible to such problems. Universities are required to notify the INS if a student who enters the country does nor enroll for classes, but little, if anything, was done by the government to find that student. And universities did not want to discourage legiti– mate international students - who bring with chem a raft of cultural and social diver– sity - from coming to An1erica and sharing their views with other students. "The United States is free and diplomatic, and we are not as strict as ocher countries (in immigration)," Fontaine says. "After the World Trade Center bombing in 1993, the INS appeared to get more strict, but they let it go after a while and nothing happened." Sept. 11 changed char. After intense criti– cism of the student visa system by congres-

sional leaders and law enforcement, the INS is revamping the process, Fontain e says, requiring universities to report when stu– dents change their major or are academically disqualified. Immediate computerized reporting ro rhe INS of whether a student is attending classes is expected chis spring. Meanwhile, the Justice Department is inter– viewing some 5,000 young men in the United Scares from Middle Eastern nations, many of whom are students, and universities are being pressed ro provide specific data about those students to the FBI. Sen. Diane Feinstein, D-Calif. , even has co-sponsored legislation that would bar international stu– dents who come from seven countries the United Scares says sponsors terrorism. As a result, the climate for international students at American universities has chilled. USD, which usually averages 365 interna– tional students, curren cly has 313 students and has seen a half-dozen students return

continued on page 25

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USO MA GAZI E

ON THE TRAIL OF TERRORISTS '69 Grad Heads San Diego FBI Terrorism Investigation by Susan Herold I n the early morning hours, as the rest of Diego connection was discovered within 24 hours of rhe hijackings. "We've always been aware of our large

his family sleeps, Bill Gore lies in bed, painfully awake, his mind replaying the weeks prior to Sept. 11. The endless video loop in his head repeats each surveillance report that lands on his desk, each tipster's call, each counter-terrorism briefing. Alone in the dark with his thoughts, the director of San Diego's FBI field office asks himself a question that he knows he can never answer. But it also is a question he cannot ignore. "Is there something we missed?" Gore, who graduated from USD in 1969, took over San Diego's FBI operations four years ago, his final stop in a 31-year FBI career that took him from Kansas City to Seattle to Washington, D.C., and several points in between. But the drug investigations and border crimes that he anticipated would close out his final days in San Diego federal law enforcement quickly were overshadowed when terrorists attacked the World Trade Center and the Pentagon. Even more so, when it was revealed that three of the 19 suspected terrorists lived in his own backyard -San Diego. "Everybody in the FBI is acutely aware of the immense responsibility that has been placed upon them since Sept. 11 to not lee it happen again," says Gore, who oversees both San Diego and Imperial counties, the 11th largest FBI field office in the nation. "It's hard to lee go when the stakes are so high. " Gore refuses to discuss specifics about the three alleged hijackers, Hani Hanjoor, Nawaf Alhazmi and Khalid al-Midhar, who lived in San Diego's Clairemont neighborhood and were on the hijacked plane that slammed into the Pentagon. Nor will he discuss Omar AI-Bayoumi, another Clairemont resident believed to be the San Diego advance man for the terrorists, who has since disappeared in England. But he does say that the city's Muslim population had been a source of interest for the FBI prior to the attacks, and that the San

Muslim population. We've been aware of the large mosque and Islamic population ... and we had a pretty good handle on some of that population," he says. "Of course, you're upset chat they (alleged terrorists) were in your backyard." The San Diego office's task was twofold: to investigate those connected to che hijack– ings and protect against future terrorist attacks. The investigation centered on the Islamic community and area college students who are in San Diego on student visas. While some have been critical of the Justice Department's plan to pick up and interview 5,000 Middle Eastern men between the ages of 18 and 33 who entered the United States on non-immigrant visas since January 2000, saying it is racial profiling, Gore makes no apologies. "We know who the hijackers were. We know their common characteristics. We know where they were from, and we know most were here on student visas," he says. "Isn't it logical to assume that there are other people here (with terrorist intent) the same way?" "I think we (San Diego) are less of a target because of our military presence." -San Diego FBI Dire~or Bill Gore His ocher cask also comes loaded with a razor-edged Cacch-22: If his office unearths information about a possible terrorist attack in the region, no matter how tenuous, should char information be made public? Should prudence and caution outweigh the resulting public fear and economic impact such warnings prompt? Californians know chat answer first-hand. On Nov. 2, Gov. Gray Davis warned of a possible terrorist act on the state's major automobile bridges, including San Diego's Coronado Bay Bridge. Traffic on the bridges was light in the days following the announce-

ment, but to date, no terrorist attacks have occurred. "As far as warnings, you're damned if you do (release the information) and damned if you don't," he says. "These types of decisions have gone all the way up to the president. " Gore says while the FBI has prevented 53 terrorist acts in the past seven years, local law enforcement and at times, the public, believe the FBI knows more than it is letting on. "They chink we know more than we know, and we really don't. Sometimes it works in our favor, because the bad guys think we know something. But the good guys think you do too, and that you're not telling them. " Gore says the FBI looks at the key assets of each city - bridges, water treatment plants, gas pipelines, etc. - and takes the "logical security steps" for each area. And he rejects popular opinion that San Diego would be a high-ranking terrorist target because of its numerous military bases and aircraft carriers. "I think we are less of a target because of our military presence. God forbid, if some– thing does happen, our first responders are probably the best prepared in the country," he says, noting that the county has drilled on emergency preparedness 40 times in the past six years, in part due to the staging of the Super Bowl in 1998. Gore says despite the 16-hour workdays, the 4 a.m. conference calls with FBI Director Robert Mueller, the missed time with his family and the occasional sleepless night, he intends to stay on the terrorists' trail as long as he is able. Retirement is our of the question. "These things tend to tire you out at times," he says, "but there is no way I could leave now. " +

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W I NTER 2002

THERO Surviving and Thriving in

by Michael R. Haskins

A few days before Sepe. 11, students in sociology Professor Anne Hendershocc's Urban Studies class had begun co ponder che vibrancy of New York City, the urban center chey would use as a study model all semester. A few days lacer, a piece of chat city was gone forever, and wich ic, a piece of their lives. On camp us, che terrorise accacks of Sepe. 11 couched off a space of changes. The young men and women of che university's ROTC unit, which is considered a military base, were ordered by the Pentagon co oper– ate under the highest scare of security. Several military reservists who work at USD were called up or put on alert. More uni– formed public safety officers were stationed in and around residence halls, while advisers mec with students co explain proper proce– dures for handling susp icious mail. In the aftermath of the attacks and che subsequent transformations in campus life, Hendershott and her fellow professors - scholars in che human disciplines of sociology,

psychology and religion - have considered the impact the accacks have made on our everyday lives. As they try co understand che tragedy and help their students do the same, their ideas offer insight into how people can best carry on in an irrevocably changed world. "Nobody can expect co go back co normal, because the definition of normal has changed," says Moises Baron, director of USD 's Counseling Center, who sec up a crisis response center immediately after che attacks and counsels students on how co deal with the tragedy. "What people should do is return co the routine of their lives, which can be comforting." Baron and Ken Keith, head of USD 's psychology department, both advise against "over-psychologizing" responses co the ter– rorist attacks. Reactions such as worry, depression, sadness and anxiety are normal, they say, and not a reason co seek profession– al help. If these feelings interfere with the

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USD M AGAZINE

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