News Scrapbook 1988

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

San Jose, CA (Santa Clara Co.) Mercury New (AM Edition) (Cir. D. 243,078)

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COLLEGE BASKETBALL PePP~i dine, Loyola await struggling USD

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

By T.J. Simers Staff Writer

Based on recent performanc blindfolds, please, for the coach an players of the U~ersity of Diego basketball team:- .\10ioug billed as basketball games, the Toreros will face firing squads fielded by Pepperdine and Loyola Marymount tonight and Sat- urday night at 7:30 at the USD Sports Center to finish the regular season. The Toreros (10-15, 2-10), losers of three straight, one game out of the West Coast Athletic Conference cel- lar and averaging 58.2 points in their last 10 games, tonight will meet Pep- perdine (16-9, 8-4), which has scored 222 points in its last two. Saturday night, USD faces 19th• ranked Loyola (22-3, 12-0), winner of 19 straight. The Lions lead the nation with a 110.1-point average and al• ready have drubbed USD by 40 this season. Any last words? ''We try to win," said USD coach Hank Egan. "It's too late to worry about who we're playing. I think the most important thing about a fight is that you fight; picking the fight should be thought about beforehand. It was picked for us; I can't do any- thing about it now. "Listen, if we get anything out of this season, it's that we learn what it will take in the off-season, in the weight room and in the preseason practices to prepare to win games There are two kinds of players: There's one guy who gets four years of experience, and the other guy gets one year's worth of experience four times. I want to make sure our guys grow, and by the time they become seniors they are a hell of a lot better than they are now. "I at happens, all this ill be worthwhile. U it doesn' this stinks."

A year ago at this time, Egan's ba ketball team was 23-4 overall, 13- 1 in the WCAC and on its way to an appearance in the NCAA Tourna- ment. "We played 30 straight games with the same lineup: Four seniors, a jun- ior and two seniors as first substi• tutes off the bench," Egan said. ''They fit so well together, and their execution was so great. There were games when I wouldn't call a timeout, and when the other coach called one, I didn't have a whole heck of a lot to say. I don't know a lot about football, but I used to thin of that team much like the San Franci - co 49ers - when they got on a roll, they would just get it done." e Just haven't gotten th ball in the basket," Egan said. "We're a team tha! can't power anybody, and we ca~ t up-tempo the game to get the points. So we rely on the shooting." If the shooters continue to fail the Toreros this weekend, USD will end the regular season 10-17 with five straight losses and earn a date in the first round of the WCAC Tournament next weekend, probably against Pep- perdine. Not what one would call a reprieve.

Now it's the inexperiencea Toreros who are getting rolled on a regular basis. Because of graduation and a new rule that limited Egan's efforts to get immediate help from the junior col- leges, the Toreros have been forced to rely on their kiddie corps. Five freshmen 'have been starters at one time or another, and although teach- ing is considered an Egaa forte by his peers, he has had to start as many as three freshmen in the same game. "The difference between this year and last is the frustration more than anything else," Egan said. "It's not a matter of getting up every morning and worrying about what's going on, but getting to sleep at night. The anx- iety level is the same. A year ago I worried about how I was going to keep this thing going; this year I worry about how I'm going to get us back on track." Egan, who expected some of this season's difficulties, was unable lo fill holes with junior-college players, as he has done in the past, because of new rules that make it more difficult for players to meet USD entrance re- quirements. In the past, JC players could transfer to USD with 48 cred- its; now they must have 48 transferr- able credits. "It's changed the way we do busi- ness," Egan said. "Now we have to look to recruiting the four-year play- er. We've signed four kids early for next year, and three of them are freshmen." Although Egan doesn't dwell on the black cloud that has shadowed his squad this season, it also must be noted that a series of injuries, includ- ing a disabling knee injury to starter Mike Haupt, has stymied his rebuild- ing efforts. "Hey, this stuff happens," Egan said. "We were lucky last year. We didn't even have a sprained ankle last year."

1988 LawBriefs by Martin Krumin€

La~t weekend' Conference in Costa Me a which is organized each year by the Bar's Conference of Delegates - drew its largest audience ever. More than 300 people attended, including 220 registrants. Among the San Diegans were Bar President Ned Huntington; John Seitman, a member of the Conference of Delegates' Executive ommit , La r lub Presi- dent Helen Rowe and her hus- band, Chuck; Lawyers Club Pre- sident-Elect Judy Hamilton; Bonnie Dumanis of California Young Lawyers Association; Jan Heying, who handles public rela- tions for the County Bar; Bill Nevitt; Charlene Baron of the North Co4nty ~jl.r ss0<;iation- State Bar Discipline 'Monitor Bob Fellmeth of USD Law School; and William McGwgan of the South Bay Bar Association Huntington sat at the head table Saturday for the luncheon with legal scholar Bernie Witkin, the featured speaker; Scitman moder- Bar Leaders

~EGAN.from Paoe lA const1t1~tioirial

Involving such issues, but would Insist that courts give more weight to "economic rights." Last year, Siegan, in scholarly writings, broadened his attack on the Supreme Court's rulings and cited eight major areas where, he contends, the court's rulings were out of line with the intentions of the Constitution's authors. For example, in 1871, the Su- preme Court en a long political and legal battle by ruling that Con- gress had the authority lo issue paper money as legal tender for all debts. The Constitutional Conven- tion debated the question before specifying only coinage. ''The impact of this distortion of the Constitution Is considerable," Slegan wrote. "None other than po. litical restraint exists on the amount of the United States' mon- ey supply. This ls not a very secure anchor when compared tQ that pro- vided by tying the supply to the nation's ownership of gold and sil- ver." egan abo wrote that the Su- preme Court was wrong to insist on the "separation of church and state," a phrase that does not ap- pear in the Constitution. The First Amendment says, "Congress shall make no la ;v re- specting an establishment of reli- gion, or prohibiting the free exer- cise thereof." The 14th Amend- ment of 1868 says no state may "abridge the privileges and immu- nities of c· ize s o Siegan says he agrees that states may not interfere with the free exercise of religion, but they may support or promote a favored reli- gloo. The authors of the Constitu tion knew that their states we supporting churches, and they too no action to end that practice, h says. His position on the 1954 Brown vs. Board of Education decision/ ls complicated. The 14th Amend- ment, enacted after the Civil War, said that states may not deny their States."

citizens the "equal protection of the laws," and in 1954 the Supreme Court declared that segregated schools in the South were "inher- ently unequal" and, therefore, UD· constitutional. Support from some liberals Siegan says the reasoning in this case is wrong, but the ruling was correct. The authors of the 14th Amendment did not intend to abol- ish school segregation, he con- cludes. "Although such segregation is totally repugnant in modern soci- ety, It does not follow that the Constitution necessarily provides relief in this area. The original Constitution accepted slavery, and the 14th Amendment accepted seg- regation in contemporary public educational But he goes on to say that "a persuasive argument can be made" that black children were being denied an implied constitu- tional "right of access" to all-white schools. The liberal legal community is not united against Siegan. He bas the support of veral prominent legal academics, both liberal and conservative, who say his constitu- tional scholarship should not dis- qualify him. They also say he Is less likely than Bork to seek t(] implement an ideological agenda upon taking the bench. wrote.

1ar at the Uni- Di •go, Is a longtime of his former col- t the school, Attorney

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encral F.clwln M . Si gan says his views as a hol- r are ''totally Irrelevant" to the job he would do a federal judge. "I am going to take an oath of office to enforce the law of the land, and that m I would sub- ordinate my vi ws to those of th court. Th are the rules of the g me," h said Neverth less, he acknowledged, "thi.s is becoming a much bigger battle than I anticipated." More than a dozen liberal legal activists have lined up to testify agllinst Siegan In a hearing Thurs- day that could match the Bork clash In rh torlcal ferocity, not In significance. • iegan's off the charts' "Si gan's off the charts" of tra. ditlonal constitutional Interpreta- tion, said Nan Aron of the Alliance for Justice, whi h as ac ve in the campaign agalnst Bork. A a lawyer who bas n ver rved on the bench, ''his creden- tials are minimal. He's mostly rep- resented himself in real~tate de- velopments," said Carlyle W. Hall, co-director of the Center for Law In the Public Interest in Los An- gel , another activist group. Spoke man Patrick Korten of th Justice Department counters that S1egan's views are "well with- in the ma.lnstream" and reflect a responsible commitment to jud1- cial restraint. "If anyone says the ad.ministra. tion will lie down on this nomina. t10n, he d n't what talking about," he said. Siegan, like Bork, is a devotee of free m rket e onomics, having tudled Its principles at the Univer- sity of Chicago. After graduating in 1949, he worked as a real-estate lawyer and developer in suburban Chicago before joining the Univer- sity of San Diego faculty In 1973 to begin research In constitutional history. His key conclusion: Fram- er, of the Constitution intended to protect rights lo property and eco- nomic liberty. A orof

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

'The difference between this year and last is the frustration more than anything else. It's not a matter of getting up every morning and · worrying about what's going on, but getting to sleep at night.' -Hank Egan

Injuries aside, the Toreros have been less than impressive. USD has shot only 39.9 percent in conference play. Last weekend the Toreros put up the ball 121 times in two games -----~-~

EB 85 1988

and hit 38 (31 percent). As Egan said recently, "Lock us in a gym by our- selves, and we couldn't score enough to win. "We haven't been playing badly; For news that keeps you in the know. Subscribe to The San Diego Union. Call 299-4 141.

facilities," Siegan 0~11,m

San Diego , CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840) FE 2 5 1988

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USD professoJ defends views before .~ate WASHINa?6K(AP) -~er- sity of.-San Qiego Law School profes- sor is defending his views before the Senate today in a judicial showdown reminiscent of the battle over Robert Bork's Supreme Court nomination. Bernard Siegan, President Reagan'11 nominee for the 9th U.S. ~ircuit Court of Appeals, is appear- mg before the Senate Judiciary Com- mittee to air his freewheeling views on the Constitution. Siegan's views do not always par- allel those of Bork, but he is just as controversial when writing on sub- jects ~e civil rights, economic law, separation of church and state, and equal protection for women. Many of the same groups that op- posed Bork and helped engineer his def~at in_ the Senate are lobbying agamst S1egan. Conservative groups are urging his confirmation. Siegan, 63, has been forced to wait • 13 months while the Judiciary Com- mittee considered other matters. "Before Justice (Lewis) Powell re- signed, the expectation was that Siegan would be the big nomination fight of the year (in 1987)," said Peter Smith, spokesman for Judiciary Please see SIEGAN: 1: 12, Col. J

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P. C. B far 1888 -/4iegan opp~~~d,.., LOS ANGELES iJ-- 'Jiayor Tom ~radley h~ a~npunced his opposi- tion to Uruve%1ty of San Diego law ~rofessor Ber an:! Sregan's nomina- tion for a seat on the . . Ir(;!uit Court of A.i\pea!s. "( 5· .In a letter to U.S. Sen. Josep B1den, D-Del., the chairman of the Senate Judiciary Committee Brad- ley said Siegan would "wreak 'havoc" on local government efforts to pro- tect the environment and manage Siegan, 63, has described himself as Libertarian in his opposition to z_orung laws, minimum-wage protec- t10~ and anti-trust laws. Hearings on S1egan's confirmation were to re- sume today before the Judicial Com- ""ittee. growth.

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'---.~-....,.':: 2 Committee Chairman Joseph Biden Jr., D-De!. Now, it appears Siegan will be one of the big nomination fights of 1988. Like Bork, Siegan has left a long tratl of writings on the Constitution. Fro his articles and books, it is not difficult to find controversy. For example, Siegan would have outlawed separate but equal schools Continued From A-3

as the Supreme Court did in 1954, but would have used a reasoning far from that used by the high court in reaching its decision. According to Siegan, the court should have based its decision on the right of black students to travel to the school of their choice. Civil rights advocates have said travel to a new school would not guarantee pupils a

seat inside.

Siegan wrote that the 14th Amend- ment "safeguards only fundamental and natural rights from violation by the states. There is no fundamental or natural right to education, nor to an integrated education. Each is a political right created by govern- ment and is accordingly not within the guarantees of the 14th Amend- ment." ·

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

Los Angeles, CA (Los Angeles Co.) Los Angeles Times (Cir. D. 1,076,466) (Cir. S. 1,346,343)

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1/ Waves refugee from Trojan Horse faces Toreros tonight

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')>,:;p~dine to Playat San Diego Tonight es last week to Loyola Marymount, Waves (16-9 8-4) Th t 111 lay at th u - · t f s , • coming off two loss-

"I called my office one day in August (of 1986) and they gave me the message that Tom Lewis called," said Harrick. "I said, 'Here's my number and he can give me a call.' And he called me. I said, 'Come on by and we'll talk.' He came in and talked to me and I told him to go home and think about it. The day before school started, he called again and said he wanted to come. r said, 'Show Lewis will show up at the.lJSD Spor::ts Center when Pepperdine (8-4, 16-9) plays the Toreros (2- 10, 10-15) tonight at 7:30. The Waves are tied for second; the Toreros are in seventh place. Lewis brings with him a WCAC-leading 22.9-point scor- up.' And he did."

the nation's hottest prep recruits. Too hot for Har-

Tribune Sportswriter Recruiting is supposed' to be a long, drawn-out process for college coaches. They make contact with a recruit when he's a high school freshman, sometimes earlier, to gain his friendship - and his signature on a Jetter of intent. Then there's the way Pepper.dine coach Jim Harrick went about getting sophomore forward Tom Lewis into a Waves uniform. "I never recruited him," said Hai-rick. "I never really knew Tom Lewis." Harrick knew of Lewis, though. Lewis went to Ana's Mater Dei High, where he was one of

rick to handle.

"I thought, 'We're not going to get him,' " said Barrick. "He's one of the top five players at his

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Pepperdine didn't get Lewis. USC did. Did it .ever. Lewis led the Trojans in scoring in 16 of their 28 games. He led the nation's freshmen in scoring, averaging 17.6 points a game. Then he led an exodus from USC when the Tro- jans made a coaching change following the 1985-86 season. Teammates Hank Gathers and Bo Kimble went to Loyola Marymount. Lewis made a beeline

San Diego is 10-15 and 2-10. Both of Pepperdine's games this -~- week are at 7,30. The Times had incorrectly reported that the San Diego game was Wednesday mght. St. Mary's (17-7 overall, 8-4 in conference play) will be the last regular-season West Coast Athlet-

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