News Scrapbook 1986-1988

San Francisco, CA (San Francisco Co.) Examiner-Chronicle (Cir. S. 692,406)

San Diego, CA. (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341 ,840) YB .Jlll,11 • P c. e ,,,,.

MAY 1 0 1987

Jl.Uen '• P. C. 8 /. r 1888 1 College baseball - Chafil~ Cards orral-ed by e otional Ca By Casey Tefertiller OF THE EXAMINER STAFF Sometimes the toughest part of any relationship can be the morning after. "I thmk we were a little more pumped up because of v. hat happened," Cal pitcher Fred Corral said Satur- day, a day after the Bears and tanford engaged in a ,•1cious bcnch-<:Iearing brawl prompted by an ex- change of hit batsmen. The two teams regamed control of their emotions, and left the arguing to the coaches long enough for Cal to capitalize on Corral's clutch pitching in a 7.a, 10-in- ning victory in Berkeley. • The Cardinal did have some consolation. Because of ' Southern cars 7-0 victory over UCLA, Stanford has clinched at least a tie for the conference title. The Card. are 17-7 with four games remaining, while he rum are 15-13 I h tw I . All tanford needs to wm the title outright one mor victory, and the team will have itJ first ch r ce In Sunday 1 p.m. game agamst Cal at Sunken D'amond. "It's not like we have a grudge against them, they're a great baseball team," said Corral, who recorded his 10th victory without a loss. "Yesterday, we went out and banged gloves, and we had to come back today and play baseball. We're using baseball gloves, not boxing glO\'CS," The left-handed Corral, a junior transfer from San Joaquin Delta College in Stockton, also earned the pitching win in Thursday's 19-9 Cal victory. The Cards came back for a 7-6 win in Friday's brawlgame, the fight erupting after an exchange or hit batsmen. The players stayed out of Saturday's arguements. Stanford head coach Mar Marquess and Cal assistant Paul Moore were both ejected. What they missed and an estimated crowd or 1,900 saw was a wild finish, as Todd Mayo's double to right- center brought home Anthony Crudele with the win- ning run. And Mayo was considering about trying another strategy through most of bis at bat. "When I came up I wa~ thinking about bunting, but then I decided I was going down swinging. I was going to take my cuts." Mayo's hit gave the Bears their seventh win in their last 10 games and kept alive an ever-so-slender hope of landing a berth in the NCAA posts!'.ason reg10nals. Their 12-17 conference mark is unlmpres ive, but thev are one of the hottest teams in the nat10n. Stanford, ranked third and sixth in the national polls, JS one of the best. "I don't think there's literally hatred between the two schools," Mayo said. "Naturally because it's Stan- ford, it adds a little more emotion. The Bears rallied their emotions and rallied from behind after Stanford took a 5-1 lead, two of those runs commg on a massive home run by third baseman Ed S11ra ue. The blast was estimated at far more than 400

left-field fl'nc at Evans Diamond. Srhool officials recalled only one longer shot, that a dme hit by J\lark McGwire In 1984, when he pl yed for • outhern Cal. McGwire now spends his time at the Oakland Coliseum, playing Infield for the A . 'I he Card are already certain of a regional berth, and have applied to serw as a host. The announcement of r<'gional berth locations is expected Monday. While the Cards moved closer to the conference title thev received some bad news. Designated hitter Jeff 0 Saenger is e~pected to miss the rest of the season with a cracked bone in his neck While the injury is not considPrl'd rrious, the junior with a .3:i:3 hattmg aver- age and 42 RBIs has been told he needs four weeks of r t - which would run out at the end of the College · World Series. He sustained the injury 'rhursday in a collision with Cal catcher Paul Ellison. DWCAC • U;San Diego 14-8, St. Mary's 13 9: Senior pit~her Dan Ward gutted out 10 innings to collect the wm in the nightcap as the Gaels split a West Coast Athletic Conference double-header In Moraga. After San Diego ·cored in the top or the 10th, the Gaels came back in the bottom of the inning to tie on Pat Brady's solo home run, then win when reserve Tracy DeIDotto tripled and scored as he bowled over the catrhcr on Paul Enea's hort sacrifice fly. Ward, a senior, finishes the year with an 11-7 re- cord, and the Gaels conclude with second place in the WCAC at 13-10. Tim Fasel hit a grand slam for St. Mary's in the first game. • Sant (;Jara 4-10, Pepperdlne 3-11: Scott Chiam- parino pitched a six-hitter as the Broncos ended the visiting Waves' 22-game winning streak. Chiamparino struck out seven and walked three in hurling the seven-inning complete game against the conference champions. SCU had a chance to sweep, and seemed to tie the game in the bottom of the ninth inning of the nightcap as Matt Toole scored on a sacrifice fly. However, the Waves appeal! d that Toole had left third too soon, and the umpires called the Bronco out to end the game. DNCAC • S.F. State 6-5, UC-Davis 0-2: The Gators' pitching continued to come through as S.F. State swept a dou- ble-header from NCAC foe UC-Davis at :Maloney Field. I After posting a shutout Friday, S.F. State hurlers went 24 cons<'Cutive innings before the Aggies got two runs in the final frame of Saturday's second game. Gators left-hander John Wilson !64) threw a three- hit shutout in the first game, and Bob Fanucchi (4-2) won the second. The \'ictory clinched second place for S.F. State In the NCAC. The Gators arc 28-20 overall, 18-12 in league. UC-Davis falls to 16-34, 10-20. • Sonoma St, 5-3, Hayward St. 4-2: The Cossacks' Jay French threw a two-hitter in the first game as Sonoma State swept the double-header in Rohnert Park. Kevin Parker scored the winning run when he singled, stole second and third and came home: on a passed ball. In the second game, with the score tied 2-2 in the seventh inning, Denny Carlisle singled home Chuck Mccane with the bases loaded. Randy Shipman (44) won the second game. Sonoma State is now 30-20 overall, 18-12 in l'

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

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The same sense of purpose has served Judge Benke well on the bench during the last four years. She is a strict constructionist who doesn't suffer criminals and de- laying tactics gladly. And her carefully reasoned rulings have rarely been reversed on appeal. Patricia Benke promises to be an excellent addition to the 4th District Court of Appeal once she is confirmed Whereupon she wi~l be ideally positioned to be nomi- nated for the next opening on th_e state Supreme Court, sho_~ld ~t occur while Gov. Deukme11an is m office. J

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In fact these very traits first brought her lo Mr. Deukmejian's attention from 1974 to 1982, w he was stale Attorney General and she as one of his deputies. Durio that time, she won high prai e (or her work in l?e ~rim1- na I divi ion A specialist m earch-and-seizure ca e , s~e also was the lead attorney m cases concerning election law,

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

1987

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Growth issues to get spotlight at 1st SD community forum q e:;, . The free forum, which also_ will Shou d all focal governments _m th~ allow key members of the audience San Diego ar a adopt a coordinate to participate, plans to tack!~ two growth management plan that ac- issues a year. Some of the i_ssu~s lively hmits growth? That will bet~: under consideration are morality m qu tion posed to people on public office, border issues and loca- ne stand at the Um'l.,erstty ror: tion of the airport Diego's ilot commum y orum The forum is the produdof a lac• Wedn ay. . ._ ulty-administration committee es- In the tradition of P?,blic telev1 tablished last ummer to fmd a "!ay ion' "Th Advocates, USD law t inject academic knowledge .mto prof ors will quiz recognized e\ ? gnificant issues facing San Diego, perts on both ides of th_e grot s~id Sheldon Krantz, dean of the i sue at 4 p.m. Wednesday m the y- !chool of law and chairman of the ceum Theater at the Horton Plaza committee. h ppmg center.

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igh Court Seen In Need of Facts To Bolster Rulings Research Arm Needed?

Oceanside, CA (San Diego Co.) Blade Tribune (Cir. D. 29,089) (Cir. S. 30,498) A1 , 1

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Davis does not argue with the judiciary's right to make law. "Even though the Consti- tution explicitly puts the legislative power in Congress, judicial legislation is so deeply es- tablished that the legal profession takes it for granted, as though nature provided it." He does contend, however, that the Court "has no procedure designed for lawmaking." To bridge the lawmaking gap, Davis sug- gests a statute authorizing the Supreme Court to have access to the Congressional Research Service, an BOO-person information arm used by congressmen and budgeted at $39 million a year. Davis said he did not think allowing the high court access to the service would significantly add to the service's staff or budget. The court, Davis contends, can often only be as good as the information it has. Often the onl'y information a judge uses in making a decision is contained in lawyers' briefs. "Procedures used for lawmaking depend more on who is the lawmaker than on the needs of the particular lawmaking task," Davis wrote in a recent article on the subject published in the Minnesota Law Review. Lawmaking Tasks "For the same lawmaking task, a legisla- tor may consult lobbyists, sample public opinion, and call for a staff study of the rele- vant legislative facts; an administrator may have such a staff study and a notice and comment proceeding - and a judge listens to arguments but neither consults lobbyists not samples public opinion nor calls for a staff study of legislative facts." The concept of legislative and adjudicative facts is one advanced by Davis earlier in his career. Legislative facts, the prt,fessor says, are "the facts that bear on the questions of law and policy, the facts that are usually the product of scientific or professional re- search. Adjudicative facts refer to particu- lar facts about the case in point, found for an appellate judge in a trial record. "I believe that both legislative lawmaking and administrative lawmaking are superior to judicial lawmaking in three main ways," said Davis. First, he said, is the products "superior clarity, reliability, and freedom from conflict." In addition, he said, "the legislative pro- cess and the administrative process are more democratic than the judicial process, and the factual basis for legislation and for administrative rules is normally much stron- ger than the factual base for judge-made law." Compared with statutes, he said, "judge- made law is inferior in clarity and reliability ... a good system of judicial lawmaking would carefully build a body of precedents that could be the basis for predicting results on any new problem. The court's decisions are not at all of that character. They are more often harmful to prediction than help- ful ... almost every decision may be matched by an opposite decision." Davis offered his proposal at a recent lee- See Page 25 1 HIGH COURT

High C(purt Seen in Need of Research Help 9S'S

Continued from Page 1 ture given at USD's Nathaniel L. Nathanson Memorial Lecture Series. Like Davis, Nath- anson was a USD administrative law profes- sor with a national reputation. More than a half century after his gradua- tion from Harvard Law School, Davis is con- sidered one of the leading legal scholars in the nation, and probably the preeminent au- thority on administrative law, where his writing has set the standard for more than four decades. Few doubt the stature that Davis, now 78, has brought to USD. The successfui recruit- ing of Davis for the faculty in 1976 was con- sidered a key to the law school's moving to the upper echelon of law schools nationally. As an instructor during his many years at the universities of Texas, Chicago, and now San Diego, Davis has built a reputation equal to the Paper Chase's Professor Kingsfield - more the distant, formidable Kingsfield of the film, than the aloof but kindly version presented in the network and cable television 'show. Students say the professor will frequently dismiss abruptly both students' questions and answers to his own questions if they do not address the particular point he is mak- ing. Yet students in law schools across the

country have considered his administrative law text to be among the finest law school books; an exceptional mix of cases, notes and commentary. Davis said he realizes his plan for Supreme Court research might not see implementa- t10n for several years, but he is willing to be patient. Actually, he already has been. The belief that the court needs greater access to facts is not new for Davis, who told reporters the idea first came to him as a second-year Har- vard law student in 1934. He published the idea for the first time in 1942 in the Harvard Law Review, and, he said, its has seen print While the Supreme Court made no official comment, D,wis has told reporters prior to his address in San Diego the feedback from individual justices has been favorable. But he said later that the discussions had not been significant, and then declined to talk further about them. Nor. he said, has he had any significant discussions with legislators. "I'm not a lobbyist," he said. "I'm just trying to do the thinking ... I'll leave the lobbying to the lobbyists; -----,==--iL nearly 50 times. ' ot a Lobbyist'

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

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Sa n Diego, CA (San Diego Co.) Daily Transcript (Cir. D. 7,415)

San Diego, CA (San Diego Co.) San Diego Business Journal (Cir. W. 7,500)

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• judges doing their own '"esearch, preferring end SDSU have joined .o maintain control of the information pre- Quali- ,ented on t~ir clients_' beha~. ty and Productivity, (ne'11r~t of its But DaVl:S s reputation 1~ likely to cause kind in San Diego The pro the pro_fess1on to P!IY attenllo~. Ju_dge Alfred be ins wi • gram Goodwm of the , mth U.S. C1rcU1t Court of " g . th a sesswn ~or_managers: Appeals said he would carefully consider _Quality and Pr~uc1tv1ty: Execu- anything the prof or proposed. t1ves Make the Difference," Wed- Davi docs not extend his thesis to any nesday, 8:30 a.m. to 2:30 p.m. courts outside the upreme Court "The Su- Speakers include Robert Close v P preme Court initiates much more law than of Eastman Kodak and ma~a~~ the other courts,' he told the Daily Journal. ment consultant K Bl h d Application to other courts, he said, would be e anc /" relatively meaningless. "The problem is _..-:: much different at the state level courts. And it's not a problem at the courts of appeal. They are not primary lawmakers. We should • forces in a new

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ORUM: At the Lyceum Theatre, the u. Drorum will seek answers to t~e question: "Should all local governm~nts 10 th . an Diego region adopt a c_oordmated Growth Management Plan wh1~h actively limits growth'?" r·or more details contact John unes at 260-461:12. ...., ',S/___

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