News Scrapbook 1988

San Diego, CA lSan Diego Co.I Ev ening Tribune (Cir D . 123,064) NOV 2 4 1988

San Diego, Calif. Southern Cross (Cir. W. 27,500)

NOV 24 1988

San Diego, Ca lif. Southern Cross (Cir. W. 27,500) av 9 d. 1saa

..Alim.~ ~- C. I

F.,1 ""

Jllleri's

P. C. B

i ,. 1888

VSD

~at USD sociated me with sports id I'm a good athlete, s~ sed to be all I do," he _part of me, but last year mg more things around Special Olympics and ved in (pre-enrollment) her, Donald, works as a 1selor in Compton. His r, works as al\. employ- or, but suffers from per- of mental illness that e bed-ridden. breakdowns that are ," said Means. "For the can't work. It's been a year and a half. It's 1t it's made our family thing spoiled about ows hJS athletic gifts 1n:i something special him an entree to St i USO. .

Business Seminar Series, continues Dec 2 with "Markeling Within the Organization." Cost for one session Is $15. Each seminar includes presentation materials and continenlal breakfast. For further Information, call Jackie Frieberg, 260-4644. Distinguished speakers series, a lecture series focusing on lhe business aclivlly In the Uniled States, the Pacific Aim and Mexico. conlinues at the Manchester Execulive Conference Center, Dec. 15. Topic for December Is, "Doing Business in Mexico," cond ucted by Rodolfo Rernandez. a managing partner for Touche Ross and Company in Tijuana. Cost Is $15 per session. Call 260-4644.

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He owe· a lot to his par nt ·

Los Angeles.CA (~os Angeles Co.) T imes ! San Diego Ed ) C!r, D. 50,010) (Cir . S. 55,573) NOV 27 1988

Jl/'8, 1 •

I'. C. I

En. I 888

--6s'fb~'rts Lehigh in Tournament' Staff a irr Reports half," Torero Coach Hank Egan

Photo by MaurMn Nu..ca Students at the Universil'l,.af Sao DiAQO bought bal\fns :ro~ ome_ ess ~!stWeek, Nov. 12·20. Other activities included a day of fast, cook~nr :iinner for residents of the St. Vincent de Paul/Joan Kroc '?enter and a glo. a nner, which consisted of food from first, second and Third World countnes. AWARENESS - m us minister Mary Ellen Pitarcf. right, m support of Hunger and

-dits his parents for 1 the right direction. - .,one above and beyond

I

ALBUQUEHQUE, N.M.-The

said. "They threw a lot of multiple defenses at us. We played much better defense in the second half." USO made a 12-4 run at the begmning of the second half and took _a 36-34 lead with 14:14 re- ottrell scored ·7 points during that stretch. Lehigh scored 7 m a row lo retak_e _the lead, 41-36, with 11-34 m c aimng. USO came back again and look t e lead for good on a 3-pomtjump shot from the top of the key t,y- h remammg.

TJ,

er

of San Diego men's

r-:"' ....., ,ummers in San Diego, w~rkmg for beer distributor- hlps He unsure what his future holds, but he has hopes of playing ba ketball for a few year in Europe or elsewhere. ''I u ed to get upset because people

. , .

basketball tea

n its opener

to give us what we have" said Means. "I don't think anybody could be the perfect parent; I'm not the perf_ect son. But I have a very strong fam 1 !~· My ~rother and I always say that its not Just two of us down here It's actually four." ·

Sllturday night, defeating Lehigh,

6/,-58, m lhe first

round of a

lou namenl at the University of

New Mexico.

USO plays New Mexico, a 96-71 winner over Loyola of Maryland 'Craig Cottrcll's game-high 21 i:,omts helped the Toreros erase a 30-24 halftime deficit. USO shot 36% in the first half but improved lo56% in the econd. "Our shooting was off m the fir t lomght at 8. '

IB nta Ana, CA Orange Co .) rang_e County Reporter (Cir. D )

Los Angeles.CA (~os Angeles Co.) T imes (S~n Diego Ed .) (C!r, D. 50,010) (Cir. S. 55,573)

I.

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NOV 25 19

Dottin, a 6-5 freshman

NOV 24 1988

Proposition 103 Backers Urge- Supreme Court to Lift Stay

LI · Rp.RYiUniversitySays New egal Ce~~r Will Be a State-of-the-Art Marvel

?ttl..17

By

CARRIZOSA

Continued from Page 1 of interactive video disc systems which combine data with visuals," Krantz said, noting that the new hbrary will be wired for access to that technology as it becomes available. 'Eldremely Well Designed' The facility now being built, he said, "has been extremely well designed and will now make the University of San Diego competi- tive with virtually any law library anywhere." Krantz said his initial overtures were put on the back burner while the university completed other construction projects already under way. Ground was finally broken in August for the first phase of the library construction, a five-story addition to the existing three-story building, planned for completion in May. The second step calls for a complete renovation of the interior of the existing building, to be finished in the summer of 1990. So far the university's fund-rais- ing campaign has brought in about $3.3 million-slightly more than half the money needed. But those closely associated with the funding effort nticipate no problem in obtaining the remainder, primarily from the school's alumm and local law firms. The law library will be entirely funded by pn ate donations, ac- cording to Libby Schiff, the law school's director of development and alumni relations. The largest donation to date was "a very nice six-figure gift" from an unnamed alumnus, Schiff said. In addition, the Irvine Foundation, which sup- ports private education in Califor- nia, recently contributed a $750,000 matching grant, she said. 'l'he primary thrust of the fund- raising effort, however, has been a somewhat unorthodox pitch for money from alumni who have previously shown no interest in b;idi;g~ 'Aiti"no't~~Y~ ~-:i:k~-it a more pleasant place to study in the summer and winter months, but will help preserve valuable but aging documents. Outgoing Dean Sheldon Krantz said he recognized the need for a larger facility almost as soon as he arrived at the school in 1981. "I saw that one of the h,ghest priorities for the law school, to increase its prestige nationally, would be Lo expand the law li- brary," he said. Krantz said prestige and respect-

,---------------------------------, ceptions will be for companies that can show a substantial threat of Insolvency. The initiative also requires a further 20 per- InsuranceDept. to Add Staff if 103 Is Upheld cent auto insurance discount for defined "good The panels would take evidence on expected drivers" after November 1989; subjects f\lture pleas by insurance companies to be allowed Insurance rate increases to state review; re- to raise their rates above the 20 percent roll- strlcts Insurers' authority to refuse to renew back from 1987 levels that Proposition 103 auto policies; and makes the state Insurance The state Insurance commissioner plans to add 300 employees to her 515-member staff and Increase her office's annual budget by $18 rnllll.J>C:tO enforce Proposition 103 if the Insurance lnlUaUve Is upheld In court, ac- cording to a published report. mandates. commissioner an elective office In 1990.

The long- term benefits in terms of education will be visible within a few years, Morris said. "We have 200 law firms each year that come on campus to recruit our students. The law firms will benefit from the improved quality of the product they will be getting-the students."

The facility 'has been extremely well designed and wil I now make the University of San Diego co1npetitive withvirtually any law library anywhere.' contributing to their alma mater. "We mounted a phone and mail campaign m which we contacted alumni who had never given to our institution before," said Aeling Dean Grant Morris. The response, he said, was a pleasant surprise- more than 33% of those contacted responded with a donation. Many of those were lured b) a plan permit- ting them to pay off their promised contribution over a number of years. The university has offered Lo front the money for the construc- tion as long as the contribution commitments have been made, Morris said. In addition, local law firms have been approached and many have contributed generously, he said, adding that firms' contributions are "more than JUSt a matter of civic pnde." "This is a proiect not Just for the law school, but for the entire legal community.... It's a project they will benefit from," Morris said. The new facility, which will be the largest law library south of Los Angeles, will provide a variety of services to the San Diego County Bar Assn., he said. Sheldon Krantz Outgoing USD dean

The people behind sltlon 103 asked the state Supreme Court Tuesday tor ect efforts by the insurance lndustiy to kill the sweeping Insurance reform Initiative a pproved by voters two weekl go. Lawycra for Access t o J ustice, the Voter Re- volt to Cut Insurance Rates and PropositJon 103 author Harvey Rosen.Oeld told thejustices that the Insurance Industry Is "ln nting potential problems" with themeasure so they can claim chaos and pcnuade the court to strike down the inlUaUve. In fact, said San Mateo attorney Joseph Cot- chelt, Proposition 103 is clearly constitutional and should be allowed to go into effect. he state high court stayed implementation or Proposition 103 on Nov. 10, just two dayB aner voten approved e measure with 51 per- cenl of thevoteand one day anerseverallnsur- a nc e compani es challenged its con- Stay Issued Nov, 10

"We feel we are very conversant on the finances of most of the companies already," Gillespie said. "But we are putting together a process that will make those finances clear to the world. . . . We particularly want to showwhere the money Is going - how much The insurance commissioner, in an inter- view In her San Francisco office, repeatedly expressed her determination to be noµ-politi- cal if she does administer Proposition 103. She also reiterated that she has no plans to run for the post of insurance commissioner, whichwouldbecome an elective office in 1990 under terms of Proposition 103. disappearing."

Since the election, several major insurers have announced that they are leaving the state, restricting their California business or shifting coverage in the state to higher-priced

The Initiative allows the department to charge insurers for added enforcement costs. If the state Supreme Court allows the ini- tiative to take effect, Commissioner Roxani

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affiliates.

The companies' lawsuits - to litigation, how much to the doctors, how Calfarm Insurance Co. v. Deukmejian, S007838 - contend among other things that the dillgently,theLosAngelesTimesreportedin wages. Where the premium dollar is 20 percent rate rollback and one-year freeze the lead case Is Gillespie said she would enforce the measure much to the lawyers, how much to pay

Tuesday's editions.

violate the constitutional right to make a fair return on one's investment. They also contend the "threat of insolvency" standard will force them to operate at a loss. But Cotchett argued that the rate rollback and freeze did not amount to unconstitutional confiscation in an industry where "rates have been so high , for so long," without state regula-

"We have no feeling about the law; we just implement it," she said. "We are ready in The Insurance commissioner said an 11- working since September has agreed on es- tablishing several separate hearing panels. this case."

stitutionallty by filing four suits with the high member " implementation committee"

court.

._

The justices had given the proponents of

lion. He also said the state insurance comrnis- Proposltion 103 until 10 a.m. Tuesday to say ..__________________________________.sioner had ample authority to protect insurers why the slay should be lifted. Cotchelt filed his tings Law School in San Francisco, an expert In their 26-page reply to the insurance Indus- from loss of their capital investment under the papers on behalf of the proponents with a half on government regulations; Karl Manheim try suits, Cotchett and his legal team mixed a "threat of insolvency" standard. hour to • pare. from Loyola, a constitutional law expert; Rob- little rhetoric in with their legal arguments. ~fling a number of re~t control _and public In addition to asking the court to un the stay, ert Post of the University of California Berke- "The people have spoken. Now, predictably, utility cases, Cotchett 5a.Id the justices. should e!ther completely or in part, and to deny re- tey's Boalt UaJl, another constitutio~al law those who have lost the election are looking for not even accept the suits for full review be- view of the Insurance industry rnlts , the Voter expert; Dan J. Lathrope, an expert in tax law and, where necessary, inventinsr potential C:l~se no on': knows exactly what eff~ct Propo- Revolt group announced the legal team It has from Hastings; George Alexander, an expert problems with Proposition 103 r, Cotchett s1tion will ~ave until lifter the insurance assembled to defend the Initiative. on constitutional and antitrust law from Sarta \'l['Qte ' commissioner 1n1plements It and creates ex- In addition to Cotchett, the othe~ are Susan Clara Jlnlversl~i and Peter J. Donnici, an. · emptions for companies actually threatened Illston, a name partner In Cotchelt s law firm, antitrust expert from the UniveN'ity or San "Their requests amount to choruses ofgloom with insolvency. Cotchett & Illa ton, and ntired Judge Alan W, F.(:anrisca · > and doom, scenarios ofpersecution based upon Charging that insurers have "brought this on Haverty, also a member of Cotchett's firm . Aiso on the team are George Hedges and highly debatable factual assertions... . The themselves," Cotchett said the insurance in-. Othera include Robert Fellmeth and James Josephine Powe of the Los Angeles law firm people of California want the price of thei.J: dustry "is continuing its efforts to deny ac- Wheaton ofthe Center for Public Interest Law Hedges, Powe & Caldwell. Insurance set fairly." countability to the citizens of California and to at the l)nlvec:: 1~• ef Seo Diego FeUmelh Is "The 103 campaign went out and got the best permit opeo and honest evaluation" of th~ir well-known within the legal profession as the attorneys and legal scholars in the state to ZO% Rate Cuts rates. State Bar monitor in charge of overseeing Im- defend Proposition 103 against the Insurance Proposition 103, sponsored by consumer ad- The people "demand that the sunlight be provements in the bar's lawyer discipline industry's legal assault," said Bill Zimmer- vocate Ralph Nader and an affiliated Califor- allowed to shine upon the accounting books of system. man, who ran the initiative's campaign. "We pia group, requires rates inn~ and renewi:_d the insurance companies," he added. Most of the rest of th~ team ls composed of are confident that with this legal team in place auto and property insuranc€ policies to be cut The court will now to decide whether to ac- law professors fromvanous schools around the we will ensure that 103 will become law as the 20 percent below November 1987 levels and cept the insurance companies' petitions for state/ include Louis Schwartz from l{as- people of California intended." then frozen until November 1989. The only ex- review. .__.--

Los Angeles. CA I Los Angeles Co .) Los Angeles Datly Journal (Cir. 5 x W 21,287) NOV 25 1988

P. CB E«. IIU

) 1/'7< fbiff ere ces Arise in Legal actics for .Q_ef ense _ofErol). 103

San Diego, CA (San Diego Co.I Evening Tribu ne (Cir. D. 123,064) • NOV 25 1988 Jlll.o. ·• ,, C. B .,.. ~- Fiction wr~·ter Crit M lrom her forthcoming .m. Nov. 29, Founders a I French Pa;lor Admission Is lree. lnformat1on: 287-2~ F.st. Illa a read1 al Acts " 7

ByTOMDRESSLAB,

governor's office. " Van de Kamp has indicated strongly he will run for governor in 1990. The day after Proposition 103 won voter ap- proval, the industry filed four suits in the Cali- fornia Supreme Court asking the justices to find the measure facially unconstitutional. That r equires the court to rule it would be impossible for Proposition 103 to be imple- mented constitutionally. The focus ofthe challenges is a provision that requires insurers to roll back rates for most forms of property-casualty insurance to No- State News vember 1987 levels, and then cut them by 20 percent. Insurers, represented by a bevy of prominent lawyers, contend the provision amounts to an unconstitutional taking of prop- erty without due process. The court took jurisdiction over the cases and issued a stay barring the measure from taking effect while the matter was before the justices. In response, Van de Kamp asked the court to lift the stay or limit it to the measure's rate rollback provision. He also urged the justices to rule quickly on the merits of the industry's challenge. Van de

.;L '1 ID

Kamp contended the justices should reject the industry's challenge because the state insur- ance commissioner could adopt regulations Supreme Court." that would constitutionally implement the

SACRAMENTO - Diffe r e nce s have emerged between the state Attorney General's Office and lawyers representing proponents of Proposition l 03 over how to defend the Insur· ance reform initiative against a legai attack mounted by the industry. But..A!!Qrncy General Iohn-Jlan de Kamp and one lawyer in the Proposition 103 legal team on Wednesday downplayed the strategy differences . At a news conference in Los Angeles Wednes- day, Van de Kamp called the q~velopment " a disagreement among lawyers. Robert Fellmeth, director of the University of San Diego's Center for Public Interest Law and one of the ProposiUon 103 lawyers, called the two legal a~proaches "a different tmpha- sis in strategy. ' During the news conference, Van de Kamp also warned Insurers he would prosecute them for violation of antitrust laws if he finds evi- dence they colluded in announcing plans to withdraw from the California auto insurance market or not renew current policies. David Fountn1n, spokesmnn for the Associa- tion of California Insurance Companies (ACIC), derided the warning as "a way of gen- erating another political headline in the attor- ney general's indefatigable quest for the

ance from the Supreme Court (for the com.mis sioner) , we may have to go back to th,

ell

h

ability have come rapi Y to t e Fred Woocher, special counsel for the Attor 30-year-old law school, which is

initiative.

ney General's Office, agreed a ruling on th, young compared to many of the But in papers filed this week with the high merits by the high court "would give som, nation's more venerable law court, Proposition 103 lawyers took a different guidance" to the commissioner. But he said i schools. AF, he saw it, an expansion tack. "seems a little silly" to duck the constitutiona in research capability was the They- said the industry's suits are premature issues, saying, "Let's dance and get it ove catalyst needed to join the major because the state insurance commissioner has with." leagues. "It really was not possible not adopted regulations to implement Proposi- Fellmeth said the strategy followed by Prop to move to the upper tier without lion 103. The appropriate time for the court to osition 103 lawyers adheres to precedence ii this," Krantz said. consider a challenge would be after insurers regulatory law. The computerization of research complied with regulations formulated by the "Generaily, rules are adopted, applied anc techniques has dramatically commissioner. In th changed the way lawyers and law then interpreted by the courts," he said. 1 Any challenge then would be based on Propo- instant case, he added, the higb court shoulc students work, Krantz said. "In the sition 103 as it has actually been applied, the allow the commissioner to adopt and appl~ future of law, as in other fields¥e lawyers argued. regulations to implement Proposition 103. will begin to see more and more e In effect, the Proposition 103 legal team said / Please see LIBRARY, Pa e 5 insurers should exhaust their administrative "Once the court sees the rules, and if thL remedies before asking the court to strike i::u].es don' t pass muster, then throw the rules down the measure. out," Fellmeth said. " Don't attempt to play Van de Kamp said Wednesday his office be- insurance commissioner at the Supreme Court lieves a quick ruling by the court on the consti• level. The court made a mistake in taking the tutional issues "is the best way to get this case case. The;;30 should not be issuing specula- off the dime." He called the strategy difference tive ruling a " disagreement among lawyers" that did not '---~'---------:------ " reflect a major split."

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Of the strategy pursued by Proposition 1~3 lawyers, Van de Kamp said, "The trouble wi that, from my standpoint, is that without guid-