november 4, 2009 issue

16
by Julius Jones THE CHRONICLE Durham residents gave City Hall a seal of approval by re-electing all four incumbents in Tuesday’s general election. Mayor Bill Bell was re-elected to his fifth two-year term with more than 77 percent of the vote over his challenger, Republican Steven Wil- liams. City Council members Cora Cole-McFadden, Howard Clement and Mike Woodard all received more than 70 percent of the bal- lots cast in their respective races. Durham City Council members serve four-year terms. The incumbents, who together ran a joint re-election campaign, celebrated their victories alongside approxi- mately 200 supporters and family members at the Blue Coffee Cafe in downtown Durham. “This is a clear message to me that the voters of Durham are pleased with the leadership they have and the direc- tion of the city,” said newly re-elected Council member Mike Woodard. Woodard defeated challenger Allan Polak with 86 per- cent of the vote, earning more votes than any other incum- bent on the ballot Tuesday. Bell said this election cycle was less contentious than in years past, noting that all of the challengers in the election had no experience in elected office. Supporters at the celebration said the challengers vying to unseat the City Council members did not do a good job of getting their message out to voters. “The people who were running against [the incum- bents] didn’t have the name recognition,” said Susan Austin, a Durham resident and a campaign volunteer for McFadden. “Durham has been making a lot of progress under this council so I’m glad to see to see that there will be continuity.” Although few political observers thought any of the sit- ting elected officials were in serious danger of losing last night, some considered 75-year-old City Council veteran Howard Clement’s age a political liability. “I think the voters spoke to that, in very clear tones, that age was not an issue,” Clement said. “I can’t control my age, but I can control the kinds of experiences I have earned and I have full control over my experiences.” Clement, as the longest-serving City Council member, serving 26 years, made experience the central issue of his campaign against Libertarian Matt Drew. ED apps hit record high for 2009 DUPD officials investigating officer’s history Incumbents sweep city election SEE ELECTION ON PAGE 5 by Matthew Chase THE CHRONICLE The Duke University Police Department has started its internal investigation of officer Webster Simmons’ actions at Duke. Simmons was arrested and charged with first degree rape and sodomy in Dothan, Ala. Oct. 26, and is cur- rently being held in the Houston County jail. Simmons, 37, is a DUPD patrol officer and was suspended with pay last week. DUPD Chief John Dailey said Duke is investigating whether Simmons violated any University or DUPD policies. Dailey could not comment on the details of the ongoing investigation, but said he hopes it is com- pleted as soon as possible. Because the investigation is ongoing and because Simmons is innocent until by Emmeline Zhao THE CHRONICLE A record number of high school stu- dents have applied early decision to Duke’s Class of 2014. The number of applicants increased 33 percent, from 1,535 last November to 2,040 this year—an unexpected increase, Dean of Undergraduate Admissions Christoph Guttentag said. “I think if anybody had said this Fall, ‘You’ll see a 33 percent increase in ap- plications, and you’ll break your previ- ous record by 350, I think nobody would have thought that was a reasonable pre- diction,” he said. The previous record was set in 2001 with 1,589 early decision applicants. Of this year’s applicants, 1,703 applied to the Trinity College of Arts and Sciences and 337 to the Pratt School of Engineer- ing, proportions similar to last year’s 1,288 and 247 applications, respectively. Despite the current economic climate, the same proportion—51 percent—of SEE EARLY DECISION ON PAGE 5 Number of applicants jump 33% to 2040 SEE SIMMONS ON PAGE 6 Durham election ’09 84 DUKE 48 FIND ADDISON CORRIHER/THE CHRONICLE Junior Nolan Smith played only in the second half of Duke’s easy victory over Findlay Tuesday night. Size fuels Blue Devil rout of Oilers Smith suspended for first two games by Andy Moore THE CHRONICLE With about nine minutes to go in Tuesday’s game against Findlay, fresh- man Mason Plumlee stood with the ball in Oiler territory and casually tossed it toward Nolan Smith. Showing quick re- flexes, Findlay’s Nick Coon snatched the lazy pass out of the air and went up for what appeared to be an easy layup. No one was near the 6-foot-3 guard. As the ball left Coon’s hands, Plumlee leaped at him, knocking the ball into press row with a thunderous block that blew the roof of Cameron Indoor Stadium. That one play didn’t really matter in the overall context of the game. But it did show how the Blue Devils had played all night—there was nothing pretty about it. But it got the job done. “The team could have played bet- ter,” Kyle Singler said. “Findlay was a pretty good team, but for me, we could have been better.” Duke overcame a slow start to score 48 second-half points in an 84-48 dismantling of the reigning Division II champions. But SEE FINDLAY ON PAGE 11 The Chronicle THE INDEPENDENT DAILY AT DUKE UNIVERSITY WEDNESDAY, NOVEMBER 4, 2009 ONE HUNDRED AND FIFTH YEAR, ISSUE 52 WWW.DUKECHRONICLE.COM Check out The Chronicle’s ACC preview, on newsstands tomorrow ONTHERECORD “I thank you for the opportunity to have served our students... and I celebrate what we have been able to accomplish.” —DPS Superintendent Carl Harris on joining the Dept. of Education. See story page 3 Women’s Soccer: Last Hurrah? Blue Devils face No. 6 Florida State in ACC tourney quarterfinals, PAGE 10

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November 4th, 2009 issue of the Duke Chronicle

TRANSCRIPT

Page 1: November 4, 2009 issue

by Julius JonesThe chronicle

Durham residents gave city hall a seal of approval by re-electing all four incumbents in Tuesday’s general election.

Mayor Bill Bell was re-elected to his fifth two-year term with more than 77 percent of the vote over his

challenger, republican Steven Wil-liams. city council members cora cole-McFadden, howard clement and Mike Woodard all received more than 70 percent of the bal-

lots cast in their respective races. Durham city council members serve four-year terms.

The incumbents, who together ran a joint re-election campaign, celebrated their victories alongside approxi-mately 200 supporters and family members at the Blue coffee cafe in downtown Durham.

“This is a clear message to me that the voters of Durham are pleased with the leadership they have and the direc-tion of the city,” said newly re-elected council member Mike Woodard.

Woodard defeated challenger Allan Polak with 86 per-cent of the vote, earning more votes than any other incum-bent on the ballot Tuesday.

Bell said this election cycle was less contentious than in years past, noting that all of the challengers in the election had no experience in elected office.

Supporters at the celebration said the challengers vying to unseat the city council members did not do a good job of getting their message out to voters.

“The people who were running against [the incum-bents] didn’t have the name recognition,” said Susan Austin, a Durham resident and a campaign volunteer for McFadden. “Durham has been making a lot of progress under this council so i’m glad to see to see that there will be continuity.”

Although few political observers thought any of the sit-ting elected officials were in serious danger of losing last night, some considered 75-year-old city council veteran howard clement’s age a political liability.

“i think the voters spoke to that, in very clear tones, that age was not an issue,” clement said. “i can’t control my age, but i can control the kinds of experiences i have earned and i have full control over my experiences.”

clement, as the longest-serving city council member, serving 26 years, made experience the central issue of his campaign against libertarian Matt Drew.

ED apps hit record high for 2009

DUPD officials investigating officer’s history

Incumbents sweep city election

See election on PAge 5

by Matthew ChaseThe chronicle

The Duke University Police Department has started its internal investigation of officer Webster Simmons’ actions at Duke.

Simmons was arrested and charged with first degree rape and sodomy in Dothan, Ala. oct. 26, and is cur-rently being held in the houston county jail. Simmons, 37, is a DUPD patrol officer and was suspended with pay last week.

DUPD chief John Dailey said Duke is investigating whether Simmons violated any University or DUPD policies. Dailey could not comment on the details of the ongoing investigation, but said he hopes it is com-pleted as soon as possible. Because the investigation is ongoing and because Simmons is innocent until

by Emmeline ZhaoThe chronicle

A record number of high school stu-dents have applied early decision to Duke’s class of 2014.

The number of applicants increased 33 percent, from 1,535 last november to 2,040 this year—an unexpected increase, Dean of Undergraduate Admissions christoph guttentag said.

“i think if anybody had said this Fall, ‘You’ll see a 33 percent increase in ap-plications, and you’ll break your previ-ous record by 350, i think nobody would have thought that was a reasonable pre-diction,” he said.

The previous record was set in 2001 with 1,589 early decision applicants.

of this year’s applicants, 1,703 applied to the Trinity college of Arts and Sciences and 337 to the Pratt School of engineer-ing, proportions similar to last year’s 1,288 and 247 applications, respectively.

Despite the current economic climate, the same proportion—51 percent—of

See early decision on PAge 5

Number of applicants jump 33% to 2040

See simmons on PAge 6

Durham election ’09

84 DUKE 48FIND

addison corriher/The chronicle

Junior Nolan Smith played only in the second half of Duke’s easy victory over Findlay Tuesday night.

Size fuels Blue Devil rout of OilersSmith suspended for first two games

by Andy MooreThe chronicle

With about nine minutes to go in Tuesday’s game against Findlay, fresh-man Mason Plumlee stood with the ball in oiler territory and casually tossed it toward nolan Smith. Showing quick re-flexes, Findlay’s nick coon snatched the lazy pass out of the air and went up for what appeared to be an easy layup. no one was near the 6-foot-3 guard.

As the ball left coon’s hands, Plumlee leaped at him, knocking the ball into press row with a thunderous block that blew the roof of cameron indoor Stadium.

That one play didn’t really matter in the overall context of the game. But it did show how the Blue Devils had played all night—there was nothing pretty about it. But it got the job done.

“The team could have played bet-ter,” Kyle Singler said. “Findlay was a pretty good team, but for me, we could have been better.”

Duke overcame a slow start to score 48 second-half points in an 84-48 dismantling of the reigning Division ii champions. But

See findlay on PAge 11

The ChronicleThe independenT daily aT duke universiTy

WEDNESDAY, NOVEMBER 4, 2009 ONE HUNDRED AND FIFTH YEAR, ISSUE 52www.DUKEchroNIclE.com

Check out The Chronicle’s ACC preview, on newsstands tomorrow

oNThErEcorD“I thank you for the opportunity to have served our students...

and I celebrate what we have been able to accomplish.” —DPS Superintendent Carl Harris on joining the Dept. of Education. See story page 3

Women’s Soccer: Last Hurrah?Blue Devils face No. 6 Florida State in ACC

tourney quarterfinals, PAGE 10

Page 2: November 4, 2009 issue

2 | WEDNESDAY, NOVEMBER 4, 2009 ThE ChRONiClE

LATIN AMERICAN AND CARIBBEAN STUDIES COURSES

SPRING 2010

LATAMER 136.01 Intro to Contemporary Latin America (WF 1:15-2:30pm)

LATAMER 198.01 Capstone: Applying Knowledge of Latin America & the Caribbean-- Learning to Connect the World (W 4:25- 6:55pm)

LATAMER 199S.01* Formation of Haitian Culture and Society (MW10:05-11:20am)

LATAMER 199S.02 Popular Brazilian Music (TTH 2:50-4:05pm)

LATAMER 200S.01* Haiti in the 20th Century (T 2:50-5:20pm taught in French, written work in English)

*Jean Casimir is a Mellon Visiting Professor and Former Haitian Ambassador to the U.S More info: http://clacs.aas.duke.edu//

worldandnationKaBUl — election officials declared

afghan President hamid Karzai the win-ner of a new five-year term Monday, can-celing saturday’s runoff election just one day after Karzai’s sole challenger quit the race. The decision ended weeks of po-litical drift since a first presidential poll in august was found invalid because of massive fraud.

in the capital, a sense of relief was instant and palpable. Kabul residents honked horns and exchanged celebra-tory text messages as the news spread. american, european and United nations officials rushed to congratulate Karzai and pledged to work closely with his new administration.

But the decision to allow Karzai to be-gin a new term without a clear mandate raised questions about the legitimacy of his future administration. and despite

calls for calm by his rival, abdullah ab-dullah, there were fears that opposition supporters might cause violent unrest.

in a potentially worrisome develop-ment Monday evening, abdurrashid dostum, a former ethnic militia leader and political ally of Karzai who has a long track record of human rights abus-es, arrived on an international flight at the Kabul airport. dostum, who has been living in exile in Turkey, is a long-time rival of a northern strongman who backed abdullah.

an official from dostum’s political party confirmed the ethnic Uzbek com-mander’s arrival, but insisted that the visit was “normal” and that dostum had no special agenda. dostum’s last known visit here, to support Karzai’s campaign in august, lasted only a few days after U.s. officials complained.

“ ”If music be the food of love,

play on.— William Shakespeare

TODAY IN HISTORY2008: Barack Obama is elected

the 44th president of the U.S.

WashinGTon — German chancellor angela Merkel urged congress Tuesday to take dramatic action to stop climate change, but the political difficulties were evident as republicans boycotted a senate committee meeting to consider changes to a climate-change bill.

“We cannot afford missing the objectives in climate protection,” Merkel said at a joint session of congress. “The world will look to us, to the europeans and to the americans.”

But republicans shunned the environ-ment and Public Works committee meet-ing to protest the refusal of committee chair sen. Barbara Boxer, d-calif., to order a full new analysis of the legislation, pre-venting votes on amendments.

Boxer and other committee democrats argue that the environmental Protection agency’s existing analysis, based on a bill passed by the house of representatives in June, is sufficient.

Governor race a close calleasT BrUnsWicK, n.J. — as polls in

new Jersey closed at 8 p.m., the race between democratic Gov. Jon corzine and republican chris christie was right where pre-election surveys had it in the final weeks of the bitter campaign: too close to call.

exit polls suggested a close contest between the two, with a third-party chal-lenger trailing far behind.

corzine is the only governor to seek reelection this year, and the race has drawn wide attention. in new Jersey, which Barack obama carried by 15 per-centage points last year, no republican has won statewide office in more than a decade.

in his campaign, corzine dipped into the personal fortune he accumulated on Wall street, repeating the pattern that won him a U.s. senate seat in 2000 and the governor’s office four years ago.

TodaY:

6339 ThUrsdaY:

6344

Karzai wins Afghan election after rival withdraws

Motion to address climate change divides Congress

WilliaM BooTh and sTeve FainarU/The WashinGTon PosT

Children run through a dark street in the Mezquital neighborhood of Ciudad Juarez, Mexico. In the past year, 134 minors were reported to have been killed in drug-related violence in the city. As the number of minors, who are both victims and perpetrators of violence, soars, United States and Mexi-can officials worry that drug-related crimes and wars in Mexico are creating a “lost generation.”

Page 3: November 4, 2009 issue

ThE ChRONiClE WEDNESDAY, NOVEMBER 4, 2009 | 3

by Christina PeñaThe chronicle

Sharing is caring, or so the saying goes. And when it comes to the ideas behind universities’ use of intellectual property via e-reserves, publishers are caring more about the extent to which their works are being shared.

The Association of American Publish-ers contacted Duke and several other schools about their use of e-reserves, some of which the AAP said infringed on its exclusive rights. Use of the material is governed by the “fair use” doctrine which allows schools to use intellectual property for educational purposes without permis-sion. But the limitations of the copyright law are hard to determine.

“it is difficult to tell whether a particu-lar use is fair,” said henry cuthbert, asso-ciate University counsel. “We were able to demonstrate to the AAP that we make a good faith effort at Duke to work within the constructs of fair use. Duke has taken additional steps to make its good faith ef-fort more visible. creators and users of intellectual property know that fair use is not an exact science.”

Kevin Smith, scholarly communications officer and lawyer, said the University con-siders four factors when determining fair use—the purpose of the use, the nature of the work, the amount used and the ef-fect on the market. Usually, the amount of work used is what is in question.

“obviously we use the works for edu-cational purposes here and we try to limit the length to 10 to 15 percent of a work,” Smith said. “if we feel like something is too long, we go through the copyright clear-ance center and use their automated sys-

tem to get permissions to the works.”But the policies at some universities,

like georgia State University, have not been up to par.

User bewarein April 2008, the AAP released a state-

ment saying, “[a] group of publishers filed suit in federal court [April 15] to stop widespread copyright infringement at georgia State University.”

The plaintiffs, cambridge University Press, oxford University, inc. and SAge Publications, inc., contend in their suit that gSU has participated in “pervasive, flagrant, and ongoing” electronic distribu-tion of copyrighted class readings without

permission. The lawsuit, however, does not seek any monetary charges, it simply seeks “injunctive relief” to bring an end to such practices.

Allan Alder, AAP vice president of legal and governmental affairs, said the AAP particularly felt it had to file suit against gSU because university officials refused to engage in discussion with AAP about their use of copyrighted material.

gSU officials said they are unable to comment on the situation.

Adler said the AAP looked into librar-ies’ e-reserves policies and processes, and treated all universities in the same

Calling all members of the Class of 20 1 1 Calling all members of the Class of 20 1 1 Calling all members of the Class of 20 1 1��������������������������������������� �����������������������������

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E-Reserves raise copyright concerns

PhoTo illUsTraTion BY Melissa Yeo/The chronicle

The E-Reserves program, which allows students to digitally read portions of textbooks has attracted at-tention from The Association of American Publishers, which has raised questions of intellectual property.

DPS head tapped for nat’l post

from Staff ReportsThe chronicle

Durham Public Schools Superintendent carl harris will be celebrating the holidays in the nation’s capital this year.

DPS announced Monday that harris will resign from his post as superintendent and become deputy assistant secretary for policy and strategic initiatives at the U.S. Department of education in December. harris’ new post begins Jan. 1.

“i am so proud of the work that we have done over the last few years,” harris wrote in an e-mail to DPS employees Monday morn-ing. “it has been an honor to serve with you and to witness your commitment to making this school district a leader in so many ways.”

harris’ time as district superintendent has seen increased student achievement, a lower dropout rate and greater participa-tion in advanced academic programs, ac-cording to a DPS news release. The district has also opened seven new schools within the last three years.

“i thought he was a very good leader for our school system in a number of ways,” school board Vice chairwoman heidi carter told The herald-Sun Tuesday. “The very fact that he’s been selected to take this position with the U.S. Department of edu-cation i think is an indication of just how good a job he did here.”

See harris on PAge 7See e-reserves on PAge 6

Page 4: November 4, 2009 issue

4 | WEDNESDAY, NOVEMBER 4, 2009 ThE ChRONiClE

Sponsors:Office of the Vice Provost for

the ArtsDuke Alumni Association,

Duke Career CenterDuke University Union, Office of Student AffairsDuke Student

Government, Arts Theme House

More info @ arts.duke.edu, on Facebook, or call 919-684-0540.*Pre-registration required for dinner and panels.

Register at arts.duke.edu

• Exhibition of student visual art, film, poetry, sculpture• Performances by Duke Jazz Ensemble, Duke Chamber Orchestra, Sabrosura, student bands• Through the Night presentation featuring Def Jam poet Daniel Beaty• Panels with alumni working in arts, media, and entertainment*• FREE Dinner for students and alumni*• A Picasso inspired exhibition by Y. E. Smith students• Networking Reception for students

YEARBOOK DISTRIBUTION

sophomores

juniors seniors

For all

In the Yearbook Office, located on the 2nd floor of the Bryan Center between

McDonalds and the Post Office 3-7 for FREE.

Wednesday November 4 - Friday November 6

by Rongjie ChenThe chronicle

in a brief meeting Tuesday, Duke University Union dis-cussed plans to promote awareness of services offered by the Union consulting group.

DUU decided to fund a brochure to advertise the Ucg, a group created last year by current President Zach Per-ret, a senior, to improve programming and financial man-agement among student groups. The group plans to work with the Student organization Finance committee to dis-tribute the brochures, Vice President of external Affairs Will Benesh, a junior, said in an interview.

“We’re doing an outreach advertising campaign to make our presence more known to group leaders so that

they will come to us,” Perret said after the meeting.Although Ucg began as an event-planning group, it is

evolving into a general consulting group for student organi-zations, chief Financial officer Annie Kozak, a junior, said in an interview. Kozak said Ucg is expanding its services to consult student groups about infrastructure and admin-istration, but still has little visibility on campus. “We’ve been getting some requests... it’s just that up until now, we’ve just been relying on word of mouth,” Benesh said.

SoFc grants money to student organizations, but some-times has difficulty assessing whether these organizations are efficiently budgeting because some of the groups are

DUkE UNIvERSITY UNION

UCG offers budgeting advice

sTePhen Farver/The chronicle

Merideth Bajana, Holly Little, and President Zach Perret hear proposals at Tuesday’s DUU meeting for reorganizing student group funding.

See dUU on PAge 7

Int’l House to be sold, admin says

by Reed FewThe chronicle

The graduate and Professional Student council met Tuesday to elect new members to its judicial com-mittee and to discuss its Spring meeting schedule.

Sue Wasiolek, assistant vice president for student af-fairs and dean of students, addressed the group on the development of new campus. She dismissed concerns that the international house would be bulldozed to make way for new campus construction, but she said the campus Drive house will be one of several to be sold. She assured students, however, that the interna-tional house services would be still be provided, but in a new location at Smith Warehouse.

When asked about her vision of the Duke community in the next three to five years, Wasiolek said that although she does not intend for the University to have a larger student body, she does expect to see new institutes and centers added in interdisciplinary fields, new joint degree programs and new graduate and professional programs.

“one of the things i am most proud of at Duke, and something that has personally enhanced my time here, is the fact that we are such a diverse campus,” she said. “We see diversity in every possible way, in our people, our programs and our initiatives.”

Wasiolek also said she would like to see more graduate and undergraduate interaction outside of the classroom.

“You bring a maturity level and a world view to the undergraduate scene,” she said.

Wasiolek said the administration thinks about grad-uate students all the time, but she added that they are

See gpsc on PAge 7

gPSC

Page 5: November 4, 2009 issue

ThE ChRONiClE WEDNESDAY, NOVEMBER 4, 2009 | 5

“The voters, in my opinion, were very enthusiastic about supporting [the in-cumbents] because of our experience,” clement said. “The voters had a choice between the challengers and the incum-bents and decided that the incumbents had the experience we needed to carry the city forward.”

clement defeated Drew with 71 per-cent of the vote.

Voters who attended the victory cele-bration said they attributed the large vic-tory margins to the city’s progress under the current city council’s leadership.

“our city has come a long way,” said DeWarren langley, a Durham native and

second-year law student at north caro-lina central University School of law. “The citizens of Durham realized that we were headed in the right direction and that [the incumbents] were the people who ushered us in that direction.”

Bell said he and the city council will continue to promote the same policies that he believes are responsible for their victory, including a neighborhood rein-vestment initiative.

“i’ve said consistently that, in my opinion, that strong neighborhoods make for a strong city,” Bell said. “These things don’t take place over night, these things take years. But, i think that if vot-ers see you making progress in the right direction, then they will continue to support you.”

early decision applicants indicated plans to apply for financial aid this year as last year.

“As we saw last Spring, it seems that the economy hasn’t had a [negative] effect on the macro level on our applicant pool—quite the opposite, in fact,” guttentag said.

in light of the University’s budget con-straints, the office of Undergraduate Ad-missions cut back on recruiting by visiting fewer high schools and leaving current un-dergraduates behind on recruiting trips.

“That’s the odd thing—there were no extra or unusual recruitment efforts this year, we were a little more conservative with our recruitment,” guttentag said.

it is unclear what factors contributed to the unexpected jump, he said. Provost Pe-ter lange noted that it may take a few more weeks to determine what led to the increase.

The largest increases by geographic lo-cation are spread out across the country, indicating little to no pattern in recruit-ment or applications. The number of ap-plications from california and Virginia increased 85 and 74 percent respectively. The number of early decision applications from outside the United States increased 39 percent to 251.

This year, admissions officers empha-sized that the acceptance rate is higher for

early decision applicants, guttentag said. he added that students and families may have also taken note of the University’s need-blind admissions process and finan-cial aid offerings.

“i think that people got the message that in fact... we’re really working to make Duke affordable from a wide range of economic backgrounds,” he said. “This has probably sunk in some more than in the past.”

in December 2007, Duke announced its new Financial Aid initiative, which pro-vides more need-based aid for students from lower-income families. The Univer-sity requires no parental contribution from families with incomes less than $60,000.

guttentag noted that it is currently dif-ficult to predict what this increase means for regular decision applicants, although it is unlikely that there will be a significant decrease in regular decision applications. he added that the percentage of early and regular decision applicants that make up the class of 2014 will largely depend on the quality of the early decision pool and the number of students admitted in December.

“i’m pleased for the students who have indicated that we’re their first choice,” gut-tentag said. “i think it’s a reflection of the fact that even in a challenging economy, all kinds of people appreciate the value and the meaning and the benefit of a Duke education.”

MAYOR

WARD I

WARD II

WARD III

Durhamelection2009results

EARLY DECISION from page 1

ELECTION from page 1

William “Bill” Bell77.5%Democrat

steven Williams22.1%

republican

Cora Cole-McFadden76.1%Democrat

donald hughes23.5%

democrat

Howard Clement71.4%UnaffiliatedMatt drew26.8%libertarian

Mike Woodard86.5%Democratallan Polak13.0%Unaffiliated

Durham hit the polls today to vote for its next mayor and three City Council members. All incumbent candidates were re-elected to their positions with at least 70 percent of the vote. This election marks Bill Bell’s fifth term as Durham’s mayor and Howard Clement’s seventh term as a City Council member.

GraPhic BY hon lUnG chU/The chronicle soUrce: oFFice oF UnderGradUaTe adMissions

Page 6: November 4, 2009 issue

6 | WEDNESDAY, NOVEMBER 4, 2009 ThE ChRONiClE

way. it found that some schools were using lengthy ex-cerpts from copyrighted works as the complete course curriculum.

Although Adler said not all book publishers are out to make profits, they do make investments in order to publish and cannot continue making those investments if people believe all educational uses of published works constitute fair use.

“Some universities are heading in that direction and we hope they understand that there needs to be a balance,” Adler said. “Universities charge for other educational tools and services through tuition or fees, and we don’t under-stand why people think they can use copyrighted materials for instructional purposes and expect to never have to pay for any of it. it makes no sense.”

a convenience problemBut for those using e-reserves, it is hard to deny their

convenience.christina grimes, adjunct assistant professor of psy-

chology and neuroscience, uses textbooks in her cours-es, but also uses e-reserves to supplement other reading materials.

“They’re helpful when you only want to use small parts of a book,” she said “Most articles are online, so the only thing i use e-reserves for are chapters or part of a chapter where i wouldn’t ask students to buy an entire book.”

Because e-reserves are available on any computer connected to the internet, sometimes keeping copy-right laws in mind is difficult. Junior Sharon Mei said she is usually thinking about the amount of overall read-ing she has to complete rather than whether she is ob-taining it legally.

“To be quite honest, i haven’t given profound thought to whether or not it was legally or ethically sound,” said Mei. “[e-reserves is] used frequently. We’re assigned about 100 pages of reading a week, sometimes per class.”

As a result, the library keeps a close eye on e-reserves requests from professors and is sure to address any con-cerns by organizations like the AAP. grimes said she trusts librarians to monitor her use and determine whether her readings are within fair use bounds.

But the convenience and the fair use issues are not new. Adler said the AAP is hoping to build on the prin-ciples established in lawsuits that publishers won in the 1990s, where courts confirmed the right of copyright owners to obtain permission and payment for the use of excerpts of their works in commercially-produced course packs.

“We want to dispel the notion that copyright law some-how applies differently to the use of copyrighted works in digital form,” Adler said. “Faculty and students need to abide by the same copyright rules that they apply to use of the same works in print form.”

not only does Duke want to abide by fair use terms to avoid lawsuits, the University also has its own intellectual property to protect.

“i think the key thing to remember is that Duke creates as well as uses intellectual property,” cuthbert said. “So once we determine that a work is protected and we wish to use that protected work, we make a good faith effort to use the work under established principles.”

The limitations of fair use are nebulous, but many or-ganizations and universities like Duke have implemented policies to evaluate all material they wish to use.

Adler said that because fair use operates on a case-by-case basis, the AAP does not have rigid standards for schools to follow in reviewing their use of materials.

“Schools made basic changes in policies reflecting things that were adapted at cornell,” he said referring to one of the first universities contacted with copyright in-fringement concerns. “Duke reacted differently, but made some changes. We will continue to watch Duke, and all other universities, to make sure they are abiding by the standards of fair use.”

E-RESERvES from page 3

“We want to dispel the notion that copyright law somehow applies dif-

ferently to the use of copyrighted works in digital form.”

— Allan Alder, Vice President of Legal and Government

Affairs from the AAP

proven guilty, Dailey said he does not know if DUPD will fire Simmons.

Duke hired Simmons in December 2008, WrAl reported oct. 27. Simmons previously worked as a field operations of-ficer with the raleigh Police Department from June 15, 1998 until he resigned oct. 31, 2007. Simmons earned the designa-tion of master officer several years into the job. rPD Public information officer Jim Sughrue said the master officer posi-tion is the second highest officer rank. Sughrue said he does not know why Simmons resigned from rPD.

Dailey said he knows why Simmons left rPD, but he de-clined to offer an explanation.

Dailey added that Simmons’ alleged actions do not repre-sent the actions of other DUPD employees.

“it’s disappointing when an employee is alleged to have done something as serious as this, but it does not in any way reflect the professionalism of the other employees within the department,” Dailey said.

SIMMONS from page 1

Interested in video, audio and Web design?

The Chronicle wants you!Contact Alex

[email protected] for more information.

No experience necessary.

Page 7: November 4, 2009 issue

ThE ChRONiClE WEDNESDAY, NOVEMBER 4, 2009 | 7

Melissa Yeo/The chronicle

Harvard professor Michael Sandel elaborates themes from his new book, “Justice—What’s the Right Thing to Do?” at the Sanford School of Public Policy Tuesday evening. Sandel analyzed contemporary issues by applying historical political philosophy arguments.

Policies of philosophyunprepared to estimate expenses, Benesh said. By work-ing with Ucg, SoFc will be able to give the brochure to student groups when they request funding so they can use Ucg’s services.

in other business: The Duke coffeehouse will host the Troika Music Festi-

val Thursday through Saturday. The festival is an annual cul-tural showcase of bands from the Triangle area. Thursday night’s performances will be free for all Duke students.

in addition, the Duke Arts Weekend will take place in the Bryan center Friday and Saturday, showcasing visual arts, music and dance.

DUU from page 4

a difficult population to grasp because they are not as centralized as undergraduates. graduate students frequently visit Student health, and Wasiolek said the University seeks to respond to graduate needs in plan-ning Student health’s services.

“i hope that you, as graduate students, will continue to feel supported by the insti-tution,” she said. “We rely on gPSc to let us know where those needs are and where we are falling short.”

in other business:gPSc members elected three new stu-

dents to serve on the judicial committee after the original oct. 20 ballot omitted a potential candidate.

Alana Belcon, a third-year Ph.D. candi-date in earth and ocean sciences who was

elected as one of the new members to serve on the judicial committee, expressed ex-citement about the growing support and involvement of gSPc and her opportunity to play a larger role in her new position.

“i am excited to bring a layperson’s view—i don’t have a judicial background but i feel that oftentimes it is easy to get lost in the letter of the law and lose the human aspect,” she said.

gPSc also voted unanimously to change the next meeting from nov. 17 to nov. 18 so that gPSc members will be able to attend that week’s men’s basketball game.

gPSc President Yvonne Ford, a fourth-year Ph.D. candidate in nursing, said she is most proud of gPSc’s renewed sense of school spir-it from the graduate and professional commu-nity. This year’s basketball campout was the largest yet she said, adding that the number of graduate cameron crazies and football fans have escalated in the past two years.

gPSC from page 4

FaiTh roBerTson/The chronicle

Sue Wasiolek, dean of students and vice president for student affairs, announces plans for New Campus and current Central Campus buildings at Tuesday’s gPSC meeting.

harris—who had earlier this year received a contract ex-tension to summer 2013—began his three-year tenure in July 2006, when he was unanimously elected by the DPS Board of education to the position after the retirement of previous superintendent Ann Denlinger. Prior to his appointment as superintendent, harris served as deputy superintendent for the school district.

Minnie Forte-Brown, DPS school board chair, told me-dia the district will seek an interim superintendent for the remainder of the school year. A permanent replacement will be found with the help of the n.c. School Boards As-sociation and the Broad Foundation, a philanthropy that focuses on improving urban schools particularly through establishing strong leadership.

harris was among the first to attend the Broad Superinten-dents Academy, a 10-month program that primes educators for leadership roles in urban school districts. he was named cen-tral carolina regional Superintendent of the Year in August.

“i have never worked with a group of parents who are more passionate about their children’s education,” har-ris wrote in an e-mail to the Durham community Monday afternoon. “i thank you for the opportunity to have served our students and families and i celebrate what we have been able to accomplish together.”

HARRIS from page 3

Page 8: November 4, 2009 issue

8 | WEDNESDAY, NOVEMBER 4, 2009 ThE ChRONiClE

Please join us for a panel discussion featuring:

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InauguralForum

Thursday November 5

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Obesity linked to swine flu complicationsBy Thomas H. Maugh II and Karen Kaplan

loS AngeleS TiMeS

obesity appears to be a risk factor on a par with preg-nancy for developing complications from an infection with pandemic h1n1 influenza, according to the most compre-hensive look yet at swine flu hospitalizations.

About a quarter of those hospitalizations complica-tions have been in people who were morbidly obese, even though such people make up less than 5 percent of the population. That fivefold increase in risk is nearly the same as the sixfold increase observed in pregnant women, according to the report published Wednesday in the Jour-nal of the American Medical Association.

even the merely obese were at increased risk of severe cases of swine flu, the analysis found. Although 34 percent of Americans are obese, they accounted for 58 percent of

the hospitalizations in the study.“it makes intuitive sense,” said Dr. Thomas r. Frieden,

director of the centers for Disease control and Preven-tion, who noted that obese people have a higher risk of many diseases and thus a lower life expectancy. “it should be added as one of the underlying conditions.”

The cDc considers adults to be obese if their body mass index is 30 or more and morbidly obese if their BMi tops 40. A person who is 5 ft. 8 in. tall would be obese if he or she weighs at least 197 lbs. and morbidly obese if he or she weighs at least 262 lbs.

researchers have seen anecdotal reports that the obese might be at greater risk of complications from infection, but it has never been clear whether this was a result of obe-sity or of associated risk factors.

in the study, which analyzed data from the 1,088

swine-flu-related hospitalizations in california from the beginning of the outbreak this spring through Aug. 11, researchers from the state Department of Public health identified 268 adults whose BMis were known. of those, 156 were obese, including 67 who were mor-bidly obese. Forty-six of those obese adults died, ac-cording to the study.

in addition, 19 percent of hospitalized swine flu pa-tients between the ages of 2 and 17 were considered obese, with a BMi above the 95th percentile for their age. none of those patients died.

The researchers found that two-thirds of the obese patients had a health problem that was previously rec-ognized as an underlying risk factor for swine flu. The most common were chronic lung disease, heart disease and diabetes.

GM, Ford, Toyota report U.S. sales rose in OctoberBy Martin Zimmerman

loS AngeleS TiMeS

After two years of sputtering, U.S. auto sales are finally gaining some traction.

Sales of cars, pickup trucks and sport utility vehicles were virtually unchanged in the United States last month com-pared with october 2008—a victory for an industry that has suffered through two years of devastating losses. not count-ing August’s 1-percent gain, when sales were goosed by the government’s cash-for-clunkers program, it was the only month since october 2007 that auto sales weren’t solidly in the red.

Automakers sold 838,052 vehicles in the U.S. last month compared with 838,156 a year ago, according to results released Tuesday by the automakers and compiled by research company Autodata corp.

Sales rebounded smartly from the sharp drop suffered in September after the cash-for-clunkers program ended. calculated on an annualized basis, october sales ran at a 10.46-million-unit clip. That’s below historic levels, but it’s a vast improvement over Sep-tember’s 9.22 million annualized rate.

“We’re seeing the industry get some legs under it,” said Mike Digiovanni, general Motors co.’s top sales analyst.

not that the auto executives were driv-ing victory laps. They cautioned that continued high unemployment and the dampening effect it is having on consumer confidence would continue to weigh on auto sales through the end of the year and into 2010.

“consumer confidence remains very ten-tative,” said Bob carter, general manager of Toyota Motor corp.’s U.S. sales division.

“We expect the recovery to be very gradual, extending into next year and beyond.”

Auto executives and analysts were hope-ful that other positive economic signs, such as improvements in industrial production and signs that the housing market may be bottoming, will continue to lure buyers back into showrooms.

“We’re definitely stabilizing and show-ing growth in a positive direction, so hopefully 2010 will be a little bit better,” said Jessica caldwell, senior industry ana-lyst at online auto site edmunds.com. She noted, however, that auto sales are a long way from their pre-crisis levels. As recently as 2007, more than 16 million cars and light trucks were sold in the United States.

Buyers, meanwhile, flocked to large sport utility vehicles and crossover utility

vehicles, which notched year-over-year sales gains of 40 percent and 19 percent, respec-tively last month.

gM, the no. 1 player in the U.S. with a 21 percent market share, and Japanese automaker nissan both posted october sales gains of 5.6 percent—tops among the Big Six car companies. gM sales were juiced by heavy spending on incentives— an average of $4,277 per vehicle accord-ing to edmunds.com, up from $3,668 a year ago.

But gM also got a boost from strong de-mand from some of its redesigned models, including the chevrolet equinox and the Buick lacrosse.

At Ford, the no. 2 American car com-pany, october sales were up 3 percent from october 2008, driven in part by consumer interest in its Ford Taurus sedan.

Page 9: November 4, 2009 issue

See allan on page 10

chase olivieri/The chronicle

Brothers Mason Plumlee, a freshman (left) and Miles Plumlee, a sophomore (right) are both expected to start for Duke this year.

Men’s BasketBall

a few days after Duke’s exhibi-tion win over pfeiffer oct. 24, for-wards Miles and Mason plumlee—Miles is the older one—sat down with The Chronicle’s Scott Rich to discuss the upcoming season and their role as Blue Devil big men.

The Chronicle: one of the big-gest stories of the offseason was [head coach Mike Krzyzewski’s] announcement that you both would be starting. Did that sur-prise you at all?

Mason: We kind of had an idea because we had been practicing for a couple weeks, we’re allowed two hours a week during the offseason. So I wouldn’t say sur-prised, but we kind of expected it. not in an arrogant way, we just had known.

TC: What is the dynamic like between you and veterans like Lance Thomas and Brian Zoubek, especially since the two of you are starting over them?

Mason: a lot of the reason we’re starting is because they’ve helped us and they’ve taught us a lot and they know what to do. So being here all summer and all fall with them, they’ve helped us. and we’re all on the same team, so of course people look at it like you’re

playing ahead of somebody, but at the end of the day all four are go-ing to play so its not like it’s a win lose thing.

Miles: We’re all on the same team. We wouldn’t be where we are if it wasn’t for them, so we may be ahead of them now, but in the end it’s all about making the team better.

TC: Coach K keeps emphasizing how this is one of the biggest teams he has ever coached. How good can this frontcourt be this year?

Mason: I think we’re going to be the best.

Miles: We’ve got all the tools, we’ve just got to keep improv-ing… we’re doing good but [we need to] keep making progress.

Mason: I think in terms of the frontcourt, everybody brings something. Ryan [Kelly] can shoot it, Miles is athletic, Brian’s 7-foot-1 and you can’t teach that, Lance is probably our best de-fender. I think everyone brings something different to the table for our frontcourt.

TC: What’s been the dynamic in the past when you two have played together?

Mason: Well, three state cham-pionships.

See pluMlees on page 10

The odds are good: Duke’s got a chance

lawson kurTz/chronicle file phoTo

Head coach David Cutcliffe’s prediction that Duke is a bowl team is coming ever closer to reality.

StephenAllan

as of right now, Duke’s record stands at 5-3, 3-1 in the aCC with just two wins needed to become bowl-eligible.

But the only record that matters to me and other compulsive gamblers is 4-1-1—the Blue Devils’ record against the spread. no matter how you look at it, Duke has per-formed up to head coach David Cutcliffe’s expectations and basically no one else’s.

Right now, north Carolina is a 10-point favorite against Duke in Saturday’s critical game for both teams. Unfortunately, this is

the only thing Las Ve-gas has laid odds on with respects to Duke Football—and I can’t really say I blame them. after all, the program’s resurgence is only now starting to become a story worth

paying attention to three time zones over.So to make up for the bookies’ ignorance

of Cutcliffe’s squad, I’m going to lay the odds out for the ways the season could end.

• Scenario One: Duke goes undefeated in its remaining four games, beats whoever comes out of the atlantic Division and faces Cincinnati in the orange Bowl.

odds: 19-to-1Why: as hot as the Blue Devils have

gotten, it’s important to realize that their conference wins have come against n.C. State, Maryland and Virginia. The Wolfpack and Terrapins are the cellar dwellers of the terrible atlantic Division and the Cavaliers were picked to finish fifth in the Coastal Di-vision preseason. The schedule heats up in the next four weeks with the Tar Heels, no. 10 georgia Tech, nationally ranked Miami and long-time tormenter Wake Forest. It could happen, but Duke will need to play as close to perfect as possible and still get some breaks.

• Scenario Two: Duke wins three of its remaining four games and plays in either the Champ Sports or Music City Bowl.

odds: 9-to-1Why: This is still not likely to happen,

but it’s definitely more feasible than run-ning the table. north Carolina and Wake Forest are beatable opponents, but they are head and shoulders better than n.C. Central or even Virginia. assuming the Blue Devils grab those two games, if there’s an upset waiting to happen, it’s when Duke plays georgia Tech. Despite last year’s 27-0 score, the Blue Devils actually handled the option attack relatively well for about three quarters. additionally, the Yellow Jackets’

Q A& withThe Plumlees

SportsThe Chronicle

www.dukechroniclesports.com

WEDNESDAYNovember 4, 2009

ONLINE Follow The Chronicle on Twitter at www.twitter.com/chroniclesports for continu-ous updates and live blogs from Cameron Indoor and Wallace Wade Stadiums

Page 10: November 4, 2009 issue

10 | WEDNESDAY, NOVEMBER 4, 2009 ThE ChRONiClE

Miles: Two.Mason: oh, damn.Miles: Two state championships.Mason: I was thinking my little brother. Two state

championships.Miles: Thanks man.Mason: We had a lot of fun. (Laughter) I was thinking

about Marshall. I’m so used to saying three.TC: Miles, how much of a draw was Mason’s commit-

ment to Duke when you were released from your commit-ment to Stanford after the coaching change there?

Miles: It was kind of an unforeseen opportunity. I had never thought we would get to play together in college, es-pecially after he decided to go to Duke. I just knew we were going to two different colleges. But when the opportunity presented itself I realized it was something I would really want to take advantage of, and now I’ve had that opportu-nity. It was a huge thing, and it was one of the biggest parts of my decision.

TC: Mason, how involved were you in your brother’s decision?

Mason: I wanted him to come more than anybody, re-ally. It just all works out. [Krzyzewski] called me and asked me if I wanted Miles to come, and I was like, “What do you think?” I didn’t say that, but of course that was one of the biggest things, because I had thought about going to Stan-ford to play with him, but then I decided to come here. But things worked out really well.

TC: Your little brother Marshall is going through the recruiting process now. How involved are you two?

Mason: How do we talk to Marshall about basketball? (Laughter) I don’t know.

Miles: Marshall’s a different guy, so we talk about a lot of stuff, but I don’t think we try to steer him too much. We both just want to have his best interests… when he does want to talk to us we just, let him know, we give him our honest opinions. obviously we think very highly of Duke, or else we wouldn’t be playing here, so we give him our opinion about that, but we give him our honest opinion

about everything— what we like or don’t like about differ-ent programs.

TC: Mason, how much did having your older brother here help has you transitioned to college life over the summer?

Mason: It helped a ton. I mean, I can’t really explain it, just I probably wouldn’t be starting or anything like that if he wasn’t here. It just helped me getting ready over the summer and in the fall. It’s just huge, really.

TC: Miles, a lot of people in the program have raved about your improvement over the summer, which obvious-ly correlates with Mason coming to campus. Is there any sort of brotherly rivalry that has led to your improvement?

Miles: Yeah. I really think that did play a big part in it.

I know I improved a lot, but a lot of it was just realizing that, you know, Mason comes in, he’s playing well, and I’ve played with him my whole life and I know I’m good too, so it’s kind of like a wake-up call. I think it was good for both of us. Him playing will give me confidence, and me playing will give him confidence, so we are just starting each other off on the right foot.

TC: With you guys playing together, with your athleti-cism and inside-outside game, how is this Duke team going to be different from Duke teams in the past?

Miles: I don’t think they’ve had a team where they’ve had two guys that can do that and have the same backcourt that is as strong as it is with us. We’ve got nolan, Jon and Kyle which is as good as any backcourt in my mind…. You know we can run the motion together, we’re interchange-able, so you’ll see our flexibility.

TC: Finally, do the two of you ever get annoyed with all the attention put on you being brothers?

Mason: I guess its better than no talk. (Laughter) I don’t know, I guess it could get annoying, but I’m fine with it.

Miles: I don’t know, I kind of like it.

PluMlees from page 9

WoMen’s soCCer

Duke hopes to extend season at ACC tourneyby Vignesh Nathan

THe CHRonICLe

For Duke’s seniors, the aCC tournament quarterfinal represents the accumulation of four years of hard work.

Jane alukonis, Kayanne gummersall, elisabeth Redmond and Sara Murphy—all senior co-captains of this year’s squad—lead the Blue Devils to Cary, n.C. Wednesday to face no. 6 Florida State (14-3-1, 7-2-1 in the aCC) at noon at WakeMed Soccer park.

The last time these two teams met, they were deadlocked in a 110-minute struggle,

ending in a 0-0 tie after double overtime on oct. 11.

More importantly, that game was a turn-ing point for the Blue Devils (8-7-4, 4-4-2). It showed that they could compete with any team in the coun-try as Duke’s defense,

led by four freshmen, was able to shut out Florida State’s offense, one of the best in the country.

But the Blue Devils can expect Flor-ida State to be a much more difficult opponent this time around. The Semi-noles have won four of their last five contests—including a win against no. 2 north Carolina. They are led by sopho-more Tiffany McCarthy, who has 15 goals and six assists so far this season.

“Florida State has the highest-scoring combo up front, and two of their players will make the all-aCC team,” head coach Robbie Church said. “We had a nothing-nothing tie last time we played them, so

we obviously need to find a little more offense. We’ve got to get a couple of people scoring.”

In order for Duke to stimulate its offense, they will rely on the experience and leader-ship of its four seniors. The Blue Devils are relatively young with their starting lineup, meaning that many of their players do not have familiarity playing in big games such

as those in the aCC tournament. So far this season, the co-captains

have done their job. gummersall leads the team with 11 goals and four assists. Redmond has contributed three goals and 12 assists. However, Church said these statistics do not properly represent their contributions.

“I think [the captains] have done an un-

WEDNESDAY, 12 p.m.Cary, N.C.ACC tournament

No. 6 FSU

Duke

vs.

faiTh roberTson (lefT), rob sTewarT (righT)/chronicle file phoTos

seniors elisabeth redmond (left) and kayanne Gummersall (right), Duke’s two most productive players, hope to captain Duke to an upset of Florida state today.

believable job,” Church said. “on the field, but more importantly off the field, they have been the team’s leaders. They have been the rocks of this team. I am extremely proud of that.”

early in the season, the Blue Devils strug-gled to maintain the excellence that char-acterized previous years’ squads, leaving them in danger of missing the aCC tourna-ment. But a late-season surge, including a win against then-no. 13 Virginia Tech, gave Duke the boost it needed to earn a berth in Cary.

pass defense is ranked last in the conference, which plays right into Duke’s offensive philosophy. This scenario, while not the most likely overall, is the most realistic of the wishful-thinking (naïve?) crowd.

• Scenario Three: Duke wins two games and ekes into a bowl, probably the Meineke Car Care or gMaC Bowl.

odds: 3-to-1Why: If Duke is as good as Cutcliffe thinks it is, then

his bowl prediction at the beginning of the year comes true. The Blue Devils beat the Demon Deacons (which they’ve been due to do for about three years), scrape by an improving Tar Heels team and then get beaten by the two better squads, georgia Tech and Miami. aside from the Richmond and n.C. State games, Duke has mostly played as expected this year—it’s beaten the teams it is better than and lost to the teams better than it. Should the Blue Devils stay the course with a little extra energy against north Carolina, this could easily come true.

• Scenario Four: Duke does not win two games and finishes out of the postseason for the 15th straight year.

odds: 2-to-3Why: I’m convinced after watching both squads play this

past weekend that the Duke-north Carolina game is a coin flip at best. Chances are good the Blue Devils aren’t good enough to beat georgia Tech and Miami but have more than enough firepower to defeat Wake Forest. So, if the Blue Devils beat the Tar Heels, they probably go to a bowl; if they don’t, then they stay home. Take heads or tails, because that’s your best chance of accurately picking this weekend’s game—not to mention Duke’s bowl prospects.

The north Carolina game also has heavy implications for the rest of the season—beating their rivals for just the second time in 20 games could give the Blue Devils all the confidence and momentum necessary to pull an upset (or even two) and play in a bowl game that might actually sell out.

as for me? I’m taking Duke to cover the spread Sat-urday—but whether the Blue Devils can claim the actual win will tell fans a lot about whether they should take the odds on Duke making a bowl game.

allan from page 9

“I think we’re going to be the best.”

— Mason Plumlee

Page 11: November 4, 2009 issue

ThE ChRONiClE WEDNESDAY, NOVEMBER 4 2009 | 11

INTRAMURAL BASKETBALL

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Season b egins

Monday, Nov. 16 Sign up today at:

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caroline rodriguez/The chronicle

kyle singler (12) and Miles Plumlee (21) fight for a rebound in Duke’s 36-point win over Findlay. the Blue Devils had 21 more rebounds than the oilers.

addison corriher/The chronicle

senior lance thomas played a complete game tuesday, recording eight points, nine rebounds and no turnovers in Duke’s 84-48 win over Findlay.

potentially the biggest story to come from the game was not the 20 points from Singler or the eight combined blocks from the plumlee brothers, who dominated in the paint over their much smaller opponents.

Rather, it was the absence of point guard nolan Smith for the first half. The junior could do nothing but sit on the bench and watch as the Blue Devils amassed 10 turnovers and shot only 39.4 percent without him. He rode the pine as a trial for Duke’s first two regular season games of the year, when Smith will be unavailable due to a suspension from playing in a non-sanctioned basketball league this summer, head coach Mike Krzyzewski confirmed after the game.

He will miss Duke’s contests against UnC-greensboro nov. 13 and Coastal Carolina nov. 16.

“We wanted to play the first half without nolan because he’s going to miss a few ballgames, so we could get a dry run of how we need to play during those games,” Krzyzewski said. “[He] played in a summer league that wasn’t sanctioned. It’s a very common occurrence…. We brought it up [to the nCaa].”

Without Smith, Duke trotted out a huge lineup to start the game—Jon Scheyer was the only player under 6-foot-8, and Lance Thomas, Brian Zoubek and Miles plumlee made up a towering frontcourt. a consequence of all that size, though, was a loss in speed, and the Blue Devils had trouble creating fast-break opportunities and transitioning from defense against a smaller but quicker Findlay squad. Krzyzewski said that Duke would most likely not start the same lineup for the regular season opener.

as the two teams went into the locker room, Findlay had held the Blue Devils to just 36 points, a far cry from the 61 scored in the first 20 minutes of play in the pfeiffer exhibition last week.

“We could have done a better job offensively,” Scheyer said. “We had a few too many turnovers and bad shots, but [we were playing] a big lineup.”

With the start of the second half came an offensive ex-plosion from Duke, or more specifically Singler, who fin-ished as the game’s leading scorer with 20 points.

after two Miles plumlee free throws, Singler hit two straight layups and a 3-pointer from the top of the key, kickstarting a 20-4 run for the Blue Devils that put the score at 60-27 and the game firmly in Duke’s control. The junior shot 8-of-12 from the field and also finished with nine rebounds and four assists.

“I thought Kyle was rushing things in the first half,” Krzyzewski said. “Then in the second half everything he did was right.”

It didn’t hurt Singler that he had a new point guard to get him the ball. Smith returned to a standing ovation from the Cameron Crazies and recorded seven points and three assists in his limited role.

“You lose the aspect of [transition offense] when no-lan’s not in the game,” Singler said. “Having him on the court just gives you a different look.”

It will be a loss that the Blue Devils will have to deal with as they play their first two real games of the season. Krzyzewski has to hope that they are ready to step up to the challenge.

FinDlay from page 1

Page 12: November 4, 2009 issue

12 | WEDNESDAY, NOVEMBER 4, 2009 ThE ChRONiClE

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Page 13: November 4, 2009 issue

DiversionsShoe Chris Cassatt and Gary Brookins

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Sudoku Fill in the grid so that every row, every col-umn and every 3x3 box contains the digits 1 through 9. (No number is repeated in any column, row or box.)

Answer to puzzle

www.sudoku.com

The Chronicle offices we ran for in the durham election:

assistant to the traveling secretary: ......................................charliewhatever pays the least and works the most: ....... will, emmelineneighborhood watch: .......................................................Watchdogcomplaints department: ..........................................................austincomptroller. I comptrol things: ..................gabe, caroline, harrisonparks: ................................................................ courtney, sam, larsarec: .................................................................................... klein, reedchief stenographer: .................................................... JJ, lrupp, toniBarb Starbuck is an incumbent: ................................................ Barb

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ThE ChRONiClE WEDNESDAY, NOVEMBER 4WW, 2009 | 13

Page 14: November 4, 2009 issue

commentaries14 | WEDNESDAY, NOVEMBER 4, 2009 thE chRONiclE

the c

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icle

The

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editorial

Students at Northwestern University’s Medill School of Journalism fighting against injustice are now beginning to experience it themselves.

As part of the Medill In-nocence Proj-ect, between 2003 and 2006 nine teams of undergraduate student journalists under the direction of Professor David Protess investigated the con-viction of Anthony McKinney, a Chicago man sentenced in 1978 to life in prison for the murder of a security guard.

The students conducted in-terviews in which key witnesses recanted their statements from the initial trial and confirmed McKinney’s alibi. Transcripts from these interviews, which were posted online, call McKin-ney’s conviction into question.

Given the exculpatory nature of the information the students collected, the state’s attorney in Cook County, Anita Alvarez, has

slapped them and Protess with subpoe-

nas, forcing them to hand over their e-mails, off-the-record interviews, expense reports, grades, grading methodology and course syllabi.

Alvarez’ spokeswoman said the state would like to see the evidence for itself and determine if grading influenced the students’ in-vestigation. Northwestern University is fighting the sub-poenas.

This over-reaching effort by the state of Illinois unfairly and unnecessarily violates the

rights of student journalists.A 1982 Illinois state law

shields journalists from hav-ing to divulge information to public officials without a compelling public interest. But Cook Country prosecu-tors argue that the students should be viewed as an “in-vestigative agency” instead of journalists.

Such an assertion is un-warranted and irrespon-sible. Student journalists perform the same function as their “professional” coun-terparts, and they merit the same legal protections. And at a greater level, exclud-ing certain segments of the population from journalism shield laws undermines their protection and the ability of the press to hold those in power accountable.

Moreover, there is no com-pelling interest in this case to warrant the subpoenas. Claiming that the students were motivated by a desire to find exculpatory evidence in order to get a better grade in the class is equally irrel-evant. Video recordings of the students’ interviews with witnesses were made avail-able to prosecutors, and any goading or manipulation of the witnesses’ memory to produce a desired testimony would be evident.

No one person—jour-nalism student or state offi-cial—approaches a criminal investigation completely dis-passionate and without pre-conceived notions shaped by individual perspective. Therefore, the state should exercise great caution in iso-

lating personal motivation of select individuals to discount the evidence they offer.

And even if state investi-gators have reason to doubt the veracity of the testimony produced by the Innocence Project students, they could simply conduct their own independent investigation. This would uphold the jour-nalistic protection the stu-dents deserve and possibly settle McKinney’s case once and for all.

The state of Illinois should reverse its actions, and the efforts of programs like Medill’s Innocence Project should be encour-aged, not hampered. Jus-tice is not always served the first time around, but that doesn’t mean it should nev-er be delivered.

Just over a month ago, American video game de-veloper Bungie released “Halo 3: ODST,” the lat-est installment in the popular “Halo” series. The game, welcomed with warm praise by critics,

builds on the epic story of its predecessors: some-thing about the impending extinc-tion of mankind at the hands of a theocratic alien race. Frankly, I’m not very familiar with the veritable wealth of Halo lit-erature out there. That’s not a big deal though be-cause, even more frankly, it’s not at all what makes ODST worth talking about. What makes it worth talking about is the fact that it’s art.

This notion may seem laughable at first, but a little investigation into the structure of the game renders it more realistic.

Consider first the highly personalized narrative approach taken by the game. While this feature is not necessarily different from previous Halo titles at first glance, ODST takes it to a new level. First of all, the game is rich in flashbacks linked with its charac-ters. Each serves as an introduction to a portion of game play experienced through the point of view of a specific character, slowly introducing and develop-ing the cast. Eventually, these vignettes add up to solve a sort of “mystery” involving the whereabouts of each character in relation to the others. The re-sult is the creation of an effect reminiscent of detec-tive films, especially because poking around until a clue is found is what triggers these flashbacks.

Now couple that search-for-missing-persons feel with the game’s updated soundtrack. “ODST” doesn’t feature the same ethereal Gregorian chant as its counterparts; instead, it breaks with tradition and introduces elements of jazz to the “Halo” ex-perience. The more modern music, in conjunction with an abundance of dark and rainy environments, works with the narrative structure of the game to imbibe it with a feeling of film noir. It’s apparent that “ODST” is at least taking cues from cinema, if not actively nodding to it.

It’s also worth noting that the “ODST” team

brought numerous other innovations to the draw-ing board. For example, voice actors were recorded speaking in dialogue instead of delivering their lines separately, which is considered highly unorthodox. At times, the actors were even encouraged to improvise.

None of this, however, should really come as any surprise. After all, a large portion of the team re-sponsible for putting the game together was not as-sembled specifically for that project. In fact, it didn’t even exist at the time. Instead, they were working on a project known as “Halo Chronicles,” which was tied in closely with director Peter Jackson’s work on a “Halo” film. After the cancellation of both of those projects, though, the theater-related team was displaced to the newly conceived “ODST” project. From there, it’s easy to see how so much of this Hol-lywood business worked its way into the game.

So it would seem that “Halo 3: ODST” has every-thing it needs if we want to call it art. For those who are interested, then, all that remains to be seen is if the project can somehow separate itself from dork culture and garner enough interest and acclaim to infiltrate the upper echelon known as “fine art.”

For most, though, the question is not whether video games like “ODST” are art, but why it mat-ters. In some ways, sure, it really doesn’t. We can appreciate them all the same, regardless of what label is attached to them. In a couple of very big ways, however, it does matter.

It matters because of the breadth of the work, and because of its potential. The video game, if it truly is the big new art form, is more all encompass-ing than anything else that came before it, including the cinema from which it was born. In its construc-tion, it draws on each and every artistic capacity, bringing them together to create a new genre, one in which all capabilities have not yet been exhaust-ed. Its scope is essentially unparalleled, and largely still unexplored. And it pays well, too.

In a time of financial instability, when creative ven-tures such as music and art are likely being forgone by graduates in favor of safer career choices, the video game may just present the best of both worlds. For a generation of young adults who grew up and evolved with the video games they played, then, such an op-portunity could not have come at a better time.

Chris Bassil is a Trinity sophomore. His column runs every other Wednesday.

Student journalists deserve protection

Where dorky meets artsy?

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Let Duke make its investments in peace. All the things we love about Duke such as world-class financial aid, sustain-ability, a climate action plan, etc. need funding. Without successful endowment management those go.

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to reach the editorial office at 301 Flowers building, call 684-2663 or fax 684-4696. to reach the business office at 103 west union building, call 684-3811. to reach the advertising office at 101 west union building call 684-3811 or fax 684-8295. visit the Chronicle online at http://www.dukechronicle.com.

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chris bassiltrue story

Page 15: November 4, 2009 issue

commentariesthE chRONiclE WEDNESDAY, NOVEMBER 4, 2009 | 15

It’s about that time isn’t it? As the cold, wet weather of winter sets in, as the happy thoughts of turkey distract you from the paper that is due tomorrow and most

importantly, as Starbucks introduces its seasonal holiday cups—you know it is that time of year.

Nope, not the time to make your Christmas lists and New Year’s plans, but the time for overzealous Duke students to start planning for the summer that is seven months away.

As my brief stint in the Girl Scouts taught me though, it is good to be prepared, so as an ode to Shelia, my Brownies leader, instead of mocking the prematurity of already planning for summer, I’d like to offer you some wisdom about how to best approach the issue.

You might be asking yourself (or more likely, your par-ents are asking you) should I study abroad? Should I do Du-keEngage? Should I stay in Durham (and develop a more meaningful relationship with the Shooters staff)? Should I get an internship? Should I go home and wait tables and hang with friends from high school?

First you should know, although it is OK to start thinking about what you will do next summer, it is way too early to start stressing about it. So if the ambiguity of your summer plans is already causing you great anxiety, then relax. Take 10 deep breaths, count to 100, have a shot of tequila and then come back to the table.

Secondly, use your summers productively. That does not mean you have to cure cancer, end genocide and eradicate poverty by Labor Day, but don’t waste away your summer. In particular, I’m talking to you freshmen. It’s OK to go back home and hang out with old friends from high school. But also try and figure out something productive to do. Work in your congressman’s office, volunteer in a clinic, write a screenplay—do something.

Although I encourage you to be engaged with society, be advised that internships are overrated, particularly un-paid ones. No matter how interested you think you are in the work of a certain company, nine times out of 10, it is insignificant what a company does—particularly if you are working in the private sector. Although it might seem cool to work at a big prominent organization that everyone has

heard of, it’s not. You are better off working at a small, no name boutique firm where the company has a vested interest in you.

Regardless of how small the company, and how commit-ted you think you are in the mission of the organization though, I guarantee you will still find it impossible to shake the student mentality—do as little work as possible, invest as little time and effort as you can in order to produce the min-imum quality of work, without getting in trouble—nobody is bigger than the game my friend.

Internships, however, are valuable for two reasons. Number one, they help you figure out what you don’t want to do. And secondly, they give you real life practice navi-gating “office politics.” And although this might not seem so important, consider a friend of mine who never did an office internship during college and has found himself al-most fired twice in 18 months for misunderstanding the office hierarchy and the relative importance of people in H.R. Whoops.

If you can avoid working in an office this summer though, which I would advise, studying abroad or doing DukeEngage are certainly the best options. There is nothing like getting out of the comfort zone of Duke or your hometowns and interacting with the world. Go meet people who don’t know what Duke University is and more importantly, don’t care.

If you are concerned that traveling wont help you get a job after graduation you are wrong. Employers want to see that you can handle challenging situations, that you are flex-ible and that you can work with a diverse group of people. Where better to work on those skills than in the Amazon, the Yangtze Riverbed, Antarctica or the moon.

Staying in Durham and taking classes, I would argue, is a less than ideal option. As wonderful as Duke is, summer is an opportunity to do something else. Even if you need to take classes, perhaps take them at Carolina, or one of the other 2,000 universities in the United States.

Remember that what you learn in college outside the classroom is just as important, if not more important, than what you learn inside the classroom. Therefore, use your time, and summers in particular, to rack up as many diverse and unique experiences as possible. So when you graduate and go into the real world, although you might be unem-ployed, at least you’ll have good stories.

Steffi Decker is a Trinity senior. Her column runs every other Wednesday.

Forever cold

Seven months andcounting...

lettertotheeditorArticle misrepresented parts of

Lengsfeld speechWe are very grateful The Chronicle’s exten-

sive coverage of the Freedom Without Walls speaker event last Monday, featuring distin-guished activist and politician Vera Lengsfeld.

I am sorry to see, however, that a number of key facts were misrepresented in the Nov. 3 article “Activist reflects on fall of Berlin Wall.” Let me address just two that I think are crucial.

The Chronicle seemed to assume that the former Communist Party of East Germany (SED) and the Social Democratic Party (SPD, rather than “SDP”) of the former West are the same. That is not the case. The SED exer-cised totalitarian rule; the SPD governed, for many years, the liberal democracy that is the Federal Republic of Germany. Former chair-men of the SPD include Nobel Peace Prize winner Chancellor Willy Brandt and, more recently, Chancellor Gerhard Schröder. The problem Lengsfeld addressed was that the ex-SED (now simply called The Left Party) is increasingly seen by the SPD as a potential political ally.

The story gave the impression that Lengs-feld chose to study in Cambridge. This is in-correct. The East German government ex-pelled Lengsfeld from East Germany after she was arrested in 1988 at the demonstra-tion mentioned in the article. That is why she went to study in England. She returned to East Germany in the morning of Nov. 9, 1989, hours before the wall that divided Berlin, Germany, and the world for 28 years was opened.

The Freedom Without Walls organizers, as well as many Germans, were sorry to see that Lengsfeld’s attempt at a political come-back in recent elections was unsuccessful. We hope, however, that she will continue to be the outspoken public intellectual in the way the article, thankfully, presents her.

Christophe FrickerFaculty adviser, Freedom Without Walls at Duke

Visting assistant professor, Department of Germanic languages and literature

elad grosskitty babies

steffi deckerrefuse to lose

On Nov. 9, the Western world will celebrate the fall of the Berlin Wall, the symbolic moment that seemingly captures the subsequent collapse of the

Soviet Union and the end of the Cold War all in one physi-cal manifestation. With the end of the Cold War, capitalism and democracy were trum-peted as the best system for all of humanity and the in-ternational arena changed forever as the United States held sway over virtually all issues of consequence. The U.S. was declared the victor of the Cold War.

But who said the war ended? In a battle between two ideologically opposed superpowers, the fact that one superpower falls out of con-tention may point to an obvious end to the conflict. So when the Soviet Union could no longer compete, and in fact dissolved into the independent nation states we see to-day encircling Russia, it was tempting for spectators to call the fight. But at what point did the Cold War end? Was it after the dissolution of the Soviet Union? Or maybe when Russia accepted democratic reforms? Or maybe it all came crashing down on Nov. 9, 1989 when the Berlin Wall began its physical demise?

One organization has chosen a day to commemorate the victory, rather than become entangled in the debate over when the Cold War actually ended. The Cold War Veterans Association has lobbied state and national gov-ernments to declare May 1 as Cold War Victory Day. Ac-cording to their Web site, Kathleen Sebelius, currently

serving as Secretary of the Department of Health and Hu-man Services, was the first to declare Cold War Victory Day on May 1, 2003 when she was governor of Kansas. That same day, Rep. Dennis Moore of Kansas spoke be-fore Congress in support of the May 1 commemoration. He listed a number of events that occurred in the month of May between 1953 and 1987, and finally concluded by asking then President George W. Bush to create a Cold War Victory Medal for all those who served in the military and intelligence agencies during the Cold War period.

The Cold War Veterans Association claims wide support for the Victory Medal proposal. The House of Represen-tatives version of the National Defense Authorization Act for Fiscal Year 2008 included a provision creating the Cold War Victory Medal, but it ultimately did not become law.

The U.S. does not do enough for its veterans, but does a Cold War Victory Medal really send the right message? The victory medal assumes that the Cold War is over, but has the world really warmed up?

One of the first uses of the term “cold war” appeared in an Oct. 19, 1945 editorial in the Tribune entitled “You and the Atomic Bomb,” penned by George Orwell. Just two months after nuclear bombs were dropped on Japan, Orwell presciently predicted the course of international affairs. Orwell foretold how nations with the bomb would tacitly agree not to use it on one another, and would in-stead further consolidate state power.

The atomic bomb, the ultimate weapon, would rob the “people of all power to revolt” while placing nuclear armed nations at military parity. Orwell was concerned with the internal makeup of these “super-states”—“that is, the kind of world-view, the kind of beliefs, and the so-cial structure that would probably prevail in a state which

was at once unconquerable and in a permanent state of ‘cold war’ with its neighbors…. If, as seems to be the case, [the atomic bomb] is a rare and costly object as difficult to produce as a battleship, it is likelier to put an end to large-scale wars at the cost of prolonging indefinitely a ‘peace that is no peace’.”

In perhaps its earliest use, the term “cold war” referred to the security threat posed by nuclear weapons, and how that threat would shape the world. Today, at least eight countries have nuclear weapons, and at least three more are seeking to attain them. Russia still has around 13,000 strategic and tactical nuclear warheads. According to the Nuclear Age Peace Foundation, the explosive yield of all the world’s nuclear weapons is around 5,000 megatons. Dean Babst and David Krieger of the Nuclear Age Peace Foundation estimated that it may only take around 100 megatons to destroy human civilization. That means we could destroy ourselves 50 times with currently known nuclear stockpiles.

The security threat of a cold war is still there. Somehow, the Cold War was redefined to become the Soviet-Ameri-can conflict, and was used to create an international caste system pinning the third world at the bottom and the U.S. at the top (the term “third world” was a product of the Cold War conflict). As the Berlin Wall was falling, another wall was built around the concept of U.S. superiority. A cel-ebration of Cold War victory not only embraces a danger-ously false sense of security, but promulgates an arrogant view of U.S. global dominance that only contributes to our world being forever cold.

Elad Gross is a Trinity senior. His column runs every Wednesday.

Page 16: November 4, 2009 issue

16 | TUESDAY, NOVEMBER 3, 2009 ThE chRONiclE

All events are free and open to the general public. Unless otherwise noted, screenings are at 7pm in the Griffith Film Theater, Bryan Center. (“Nasher” = Nasher Museum Auditorium)

ArtsD U K E

arts.duke.edu

Screen Society

duke student tickets always $5

for tickets & info919-684-4444

dukeperformances.org

ciompi quartet Lunchtime cLassics: BeethovenTuesday, November 3 • 12 pm | Rare Book Room

miami string quartet & kaLichstein-Laredo-roBinson trioSaturday, November 7 • 8 pm | Reynolds

Duke Performances in durham, at duke, the modern comes home.

kalichstein-laredo-robinson trio

EventsWednesday, November 4MUSIC. Jazz @ the Mary Lou with Professor John Brown and his house band. 9:30pm. Mary Lou Williams Center for Black Culture. Free.

Thursday, November 5THEATER. Through the Night. A one-man play by Def Jam poet and Obie Award-winning actor/playwright Daniel Beaty explores black stereotypes through the eyes of six black males. Contains adult content. 7pm. Reynolds Theater. Free.

FILM. (500) Days of Summer. 7pm and 9:30pm. Griffith Theater. $0 - $2.

TALK. Dunya Mikhail, Iraqi poet. 8pm. Von Can-non. Free.

MUSIC. Guest Recital. Sheila Browne, viola and Allison Gagnon, piano. Works by Vivaldi, Beethoven, Bloch and Jongen. 8 pm. Nelson Music Room. Free.

MUSIC. Troika Music Festival. Featuring Future Islands, Ear PWR, The ExMonkeys, Molly Bancroft. 9:15pm – late. Duke Coffeehouse. $8 night; $20 festival pass.

Friday, November 6MUSIC/TALK. Anahid Kassabian. (University of Liverpool) “Affect, Thought Experiments, and Sound and Music in Audiovisual Media.” 4pm. Room 101 Biddle Music Building. Free.

MUSIC. Chamber music master class. With Jaime Laredo, violin & Sharon Robinson, cello. 5pm. Nelson Music Room, East Duke Building. Free. Presented in association with Duke Performances.

MUSIC. Once and Future Kings with Panda Force. 5pm. Armadillo Grill. Free.

FILM. (500) Days of Summer. 7pm and 9:30 pm. Griffith Theater. $0 - $2.

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Duke Arts Weekend, a special event focused on the student arts community, will feature an exhibition of over 200 pieces of student artwork; performances by Duke Jazz Ensemble, Duke Chamber Orches-tra, Sabrosura, and student bands; a free student/alumni dinner; panels with alumni working in the business and creative side of the arts; a Picasso-inspired exhibition of elementary school student art; a special pre-weekend performance by Def Jam poet Daniel Beaty and more.

November 6 – 7Begins 2pm Friday, 10am Saturday

Bryan Student CenterFree.

Registration required for some events:arts.duke.edu

Duke Arts Weekend

11/4 Born Into Brothels 2004, USA, Zana Briski & Ross Kaufman. AMES Presents Documentaries. 11/5 Life Begins Tomorrow (Nasher)1949, France, Nicole Védrès. Picasso Film Series. 11/9 Chevolution 2008, Mexico, Luis Lopez & Trisha Ziff.Latin American Film Festival -- Discussion to follow!

fvd.aas.duke.edu/screensociety/schedule.php

MUSIC. Duke New Music Ensemble [dnme]. “The Eternal Interlock,” featuring Louis Andriessen’s Hoketus and works by Andrew Cole and others. 8pm. Bone Hall, Biddle Music Build-ing. Free.

MUSIC. Troika Music Festival. Featuring Birds of Avalon, I Was Totally Destroying It, The Pneurotics, The Ringing Cedars. 9:30pm – late. Duke Coffeehouse. $8 night; $20 festival pass.

FILM. Hedwig and the Angry Inch. 11:59pm. Griffith The-ater. Free.

Saturday, November 7FILM. Harry Potter and the Half-Blood Prince. 7pm and 10pm. Griffith Theater. $1 - $3.

MUSIC. Troika Music Festival. Lonnie Walker, Schooner, Veelee, D-Town Brass. 9:30pm – late. Duke Coffeehouse. $8 night; $20 festival pass.

Sunday, November 8FILM. Harry Potter and the Half-Blood Prince. 2pm. Grif-