News Scrapbook 1986-1988

Escondido, CA (San Diego Co.) Executive News (Cir. M. 25,000)

La Jolla, CA (San Diego Co.) La Jolla Magazine (Cir. M.) tM\'<

San Diego, CA (San Diego Co.) Evening Tribune (Cir. D. 123,092)

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1987

APR 30 1987

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Jl[I,.... p C. B I" /8~R!.8__ L______________________________ 7 /Thomps nchosenTor~;,~!..b~s~!:~~.!!!!.Y.f:., Tr1bu11t• • ff Rr with 15.9 pomts a~d . -6 rec:d den and senior guard Paul Leonard USO ntir Scott Thompson game. USD compiled a T24 t' shared the Athletic Excellence , V I ar·ng in the NCAA ournamen th t ' sec was e ted the Tor ro 'Most a u- appe 1 . •n the school's award. Madden was e earns . • able Pl· yer for the second traight for the second time I ond-leading scorer with 11.1 po1~ts y rat the basketball team wards history. and second-leading rebound~r with nqu t Tu day night at the cam- The Hoot Thompson fimshed his 7.0. Leonard averaged 10.5 pomts and pu ' mver 1ty Center. collegiate career as a three-time All- led the team with 135 '.'-551Sts a~d 41 WCAC election He is expected to be steals. Senior guard Enc M~e man Thompson, who wa elected West a f"1rst- or second-round pick in the was chosen for the Bugelli Leader- Coast Athletic Conference Player of ship award. th Year thJS season, led the Toreros June 22 NBA draft.

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Jl_ /len '• P. C. B --USDForum set - After months of extensive planning by a number of the top minds at the University of San Diego, USO is ready to present the San Diego community its first USDForum . ~t'J55' The USDForum will provide the community with a much-needed pub li c arena to tackle the region's most pressing issues in a compelling , dramatic setting . On May 13 at the Lyceum Theatre, the USDForum will aggressively seek answers to this oft-asked but difficult question : "Should all local governments In the San Diego Re gion adopt a coo rdinated Growth Management Pla n whic h actlvely llmlts growth?" In the tradition of public televis ion ' s "The Advocates ," recognized experts on both sides of the growth issue will be questioned on the "witness stand" by USO law school facultv . For more information call John/ Nunes at 260-4682. / I ,r. I 8RR 2.1/ -~-'-

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-US.Q,jports Camps, Alcala Park, 92110, 260-4803. The University of San Diego Summer Sports program has resident and daycamps for boys & girl s, age 7-17 beginning on June 21. Camps are avai lable in basketball , ;occer, tennis, vol leyball, football, softball , and competiti ve swim. For more information call or write. -Z.955'

San Diego, CA (San Di ego Co.) Evening Tribune (Cir. D. 123,092)

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840)

MAY 1 1981

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Esr. 1888

USO Linda $~foun der of Mothers Embracing Nuclear Disarmament, and documentary film producer Vivie nn e -

1987

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Los Angeles, CA (Los Angeles Co) Times (San Diego Ed .) (Cir. D 50,010) (Cir. S 55,573)

l.,r. 1888

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USD !>ANCE CONCEF!T - The Unl- werslty of San Dll!Qo stuu nt dance concTrt will feature a v~rlety of dance at 8 p.m. today end tomorrow end 2 p.m. :O:undatln the Camino The tre u~o. ,a '-"le;-"'(' / / Verdon-Roe discuss "Women In Peace" as final part of "Women In Music, Politics and Peace," lecture series, 8 p.m. May 1, Manchester Auditorium. Admis- slo~ Is free. Graduate English department spnng lecture, "The Snarling Muse: the Art of Satire," presented by Cynthia Caywood 4 p.m. May 5, Manchester Conference Genier. Admission: general, $4; students, free. lnfor- ma!).9n: 260-4585. _,, / HighCourtNeedsResearch Arm, Scholai:Says ·

San Diego, CA (San Diego Co.) Evening Tribune (C!r. D. 123,092) y 1

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P. C. B

F.,r 1888

publicized his proposal. "But the Court may often be at its worst on policy issues that are dependent upon understanding or instincts about legislative , fa cts," he wrote. " Indeed, my impression is that, typically , the Court is basically baf- fled in trying to deal with legislative facts." Justices of the high court have acknowl- edged the need for information that goes beyond the record created in an adversarial hearing. Davis notes, for instance, that J ustice Harry Blackmun spent much of a summer doing research at the Mayo Clinic before drafting the opinion in Roe vs. Wade that legalized abortion in 1973. But Blackmun did not give the parties in the case an opportunity to challenge his research; Davis says his proposal guarantees the parties' right to r espond. When Justice Byron White dissented from the court's landmark 1966 decision in Miranda vs. Arizona, which granted consti- tutional protections to criminal suspects, he noted that the court majority had not studied a single police int erro~~~on to·see Please see DA . r• Pare 10 "Publishing on this subject is ~he fi t tep " he reiterated. "Then it's us s ' . to develop the idea and get it un- derstood. I think it's too early to ask Congress to legislat e without a rather full study of the subject to answer all the questions that need to be answered. "I don't k now how much more staff at the Congressional Resear ch Service would be needed to take on the court. No one could know that in advance, they'd have to find out by trying it." . , He said he's made a few mqui- ries about key congressional ~en_i· bers who might be inter ested m h is 'd but he has made no direct 1 ea, con tacts yet. . But, he added, the idea is,gam· ing ground nationally and la;"' stu• dents are being t aught the d1stmc- tion between legislative and ad- .judicative facts. " I sense an underst anding on the part of law students that wa~n •t there 20 years ago. It's in th~ a1:: a movement th at's strengthenmg. . Justice Harry Blackmun , Davis offered, decided on h is own th~t- he needed more facts before wr~t ~ng the h istoric Roe v. Wade decJS1on granting women th e right to choose abortion . . Blackma n spent a summer at the Mayo Clinic library research_mg the medical facts behind abortion, wh ich Davis applauds as an exam- ple of one effort t o understand the full ramifica tions of the Roe case.. "What was bad," Davis said, "was that what he learned was not made available to the parties in th e case. These outsidP. studies need to be available for the parties to argue over. But it was still better than what the court usually does, which is no study of the facts ."

By JIMSCHACHTER, Times Staff Writer Too often, and m too many important cases, the justices of the U.S. Supreme Court don't know what they're talking about, Kenneth Culp Davis says. lf Davis were anyone but who he is, the cnticism would be dismissed as just another instance of court-bashing. Lots of people don't think much of the Supreme Court. But Davis, a distinguished law professor at the University of San Diego. is a lion of jurisprudence~ whose seminal thinking about law and how it is created have made him well-known in the nation's law schools and courthouses. At 78, he has quietly launched a cam- paign to improve the decision-making capacities of the high court by expanding the range and scope of the information available to the Justices as they rule in some of the most important cases. Davis' proposal, outlined Thursday night in the Nathanson Memorial Lecture at USD, is simple. The Supreme Court, he argues, should have a research service of its own-or perhaps access to the Congres- sional Research Service-to supply it with

Lawyers "feel they would lose .control of the material that is being considered by the court. You can see how the researcher might very well become the master of the case. '

Judge Joseph T. Sneed 9th U.S. C1rcu1t Court of Appeals

Yet Davis argues that, however time- honored the adversarial approach to judi - cial decision-making may be, it results too often in bad law. Congress, whose committees can inves - tigate every aspect of an issue before . drafting a law, and regulatory agencies, which seek expert guidance and public comment before issuing rules, do a much better job, Davis says, because they have the facts that judicial lawmakers are lacking. "The Supreme Court is often at its best on complex thinking problems, on philo- sophical or ethical or moral issues, on analysis or reasomng, and on issues of interpretation," Davis wrote in a law review article published last year that first I v15,,,,,.,7 DAVIS: High Court Needs Researchers Continued from Pace l the real-life dimensions of the issue. "Judged by any of th~ stand~ds for empirical invest1gat1on utilized in the social sciences, the factual basis for the Court's premise is patently madequate," White wrote at the time. Skeptidsm and Support Privately, several current Su- preme Court Justices have ex- pressed support for his proposa_l, Davis said, but they say the court 1s too busy to take on the task of winning congressional support and funding for a research service. "I don't get d1sapprovat;· he said. "What I get, in effect, is 'Not '" now. Toni House, spokeswoman for the Supreme Court. said Thursday that the court has no official com- ment on Davis' proposal. Davis' idea garners considerable skepticism among other judges and lawyers. "It just really totally tur~~ t~e role of the court on its head, said John Cleary, a San Diego lawyer who has argued several cases be- fore the Supreme Court. "The Su- preme Court is like a jury. You have to trust their basic wisdom. But we rely on the fact that those individu- als rely on the information they have [before them], and not back- door knowledge."

scientific and technical data about issues reaching the high court. "The justices need that kind of help in many cases, and, in general, they don't have it," Davis said in an interview before his address. "We can't think without facts." Simple as it sounds, though, Davis' idea challenges the very foundation of the way courts work m the United States. Traditionally, appellate courts review the record created in a trial court and whatever further arguments lawyers place before them. The judges and their law clerks may research the legal issues in- volved, but they typically don't conduct inquiries into the factual matters at the heart of the disputes or the practical consequences of their decisions.

San Diego, CA (San Diego Co.) Evening Tribune (Cir. D. 127,454) MAY 1 1987

USD Prof.~nneth Culp Davis

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TOIIORROW/2

SUNDAY/3

MONDAY/ 4 4:30 p.m. - Conference on role of religion in promoting democracy in Latin America, Insti- tute of lhe Americas. 7 p.m. - Clarinetist Larry Combs, Smith Recital Hall, SDSU. - Wayland Flowers and Madame, Fiesta Dinner Theater (also 9:30 p.m.).

WIDNESDAY/ I

TUHDAY/5

THURSDAY/7 7 p.m. - Quilapayan, Latin American folk music, North Park Theater.

"3 Forms/4 D nee ," dance con- e rt tudio Theater, sou USP student dance conce~The- ater. Stage 7 Dance The- ater. dance concer , City College Theater. - "Ju,1 BetwHn Our- Hlvea," North Coast Repertory Theater (opening night) "The Dining Room," San D1egutto Playhouse (opening night). Neofeat V, festival of new arts, Sushi. "Light Up the Sky," Lamplighters, Ben Polak Fme Arts Center An Evening of One Act,, Skull and Dagger, Expermental Theater, SDSU. - Comedians Rick Rockw II and Barry Marder the lmprov

8 p.m.

9:30 a.m. - Silvergate and Rackat Cat Clubs Cat Show. United Auto Workers Hall, Old Town. (until 5 p.m.). 10 1.m. - Chinen Dr • • gon Featival Food and Cultural Faire. Del Mar Fairgrounds 'SO.," fund-raiser, Copley Gymnasium, La Jolla Country Dav School. "Kids Talent Show," Lions Deal Recreation Club, Lew- ish Jr. High School. Donna Parker, The- ater Organ Society O: San Diego, California Theater 8 p.m. - Mellor • String Quartet, Mandeville Auditorium UCSD. - Pianist Liu 7 p.m. - 7:30 p.m. - Organist Specter, University Symphony Concert, Smith Recital Hall, SDSU. - Spring," Palomar Chorale, Palomar Col- lege Theater. "Coping," one-woman show with Sheri Glaser, the Pres- ent Time. "Jubilanl Mu,ic of 9:30 p.m. - 6:30 p.m. - "Back to the

1 p.m. - "Search for Survival," film, Natural History Museum (also 2:30 p.m.). 4 p.m. - Opera Preview Concert, San Diego Opera Center, Mira- Costa College Theater. - Tijuana Bullfights, Downtown bullring, Ti- juana (inaugural corri- da). 7 p.m. - Crawfish Pie, bluegrass, Smith Re- cital Hall, SDSU. - "Another Anli- gone," Cassius Carter Center Stage, Simon Edison Center for the Performing Arts (clos- ing performance). - "Intimate Ex- changes," Old Globe Theater, Simon Edison Center lor the Per- forming Arts (closing performance). 7:30 p.m. - Open Stage Experiment, the Pres- ent Time. 8 p.m. - "WHt Side Story," Educational Cultur Center (clos- ing performance).

7 p.m. - "I Don't Have to Show You No Stinking Badgea," Ly- ceum Stage, Horton Plaza. Ian Red- mond speaks on "Ele- phants Under- ground," Montezuma Hall, SDSU. 8 p.m. - Artie Shaw Or- cheatra, Golden Gym- nasium, Point Loma Nazarene College_ - Economist John Kenneth Galbraith speaks on "The Econ- omy Now and After Reagan," Mandell Weiss Center for the Performing Arts, UCSD. 7:30 p.m. -

7 p.m. - Poet Jeanne Carney and musician David Paul, Poetry Unlimited, La Jolla Lu- theran Church. Former CIA agent John Stockwell speaks on "The Se- cret Wars of the CIA," MiraCosta College Theater. Sonor, contem- porary music ensem- ble, Mandeville Audi- torium, UCSD. - "Guys and Dolls," · USIU Theater Depart- ment, Theater in Old Town (opening night). - "The Play's lhe Thing," Gaslamp Quarter Tr.eater. 8:15 - Banjoist Don Van Palla, Fiesta Dinner Theater (buffet, 6:30 p.m.). 7:30 p.m. - 8 p.m. -

'' Dames at Sea," Mesa Apoliiad Players, Mesa College Theater (opening night). - Film International Style series continues with Istvan Szabo's "Colonel Redl " Mandeville Auditori- um, UCSD. - "Thur,day Night Live," costume night, Confetti.

8 p.m. -

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Judge Joseph T. Sneed of the U.S. 9th Circuit Court of Appeals m San Francisco said many lawyers would oppose giving the j~tices the leeway to conduct their own empmcal research. "They feel they would l~se con- trol of the material tha~. 1s bemg considered by the court, he said. "You can see how the researcher might very well become the master of the case." Sneed chairman of the appellate judges' c'onference of the American Bar •Assn., noted that Judges al- ready are free to informally visit libraries or have their clerks gather information on a techmcal issue. But m many instances, he said, the solutions to the problems be- fore the nation's highest courts are not found in books. __~----....