News Scrapbook 1988
' n' Although H a an ha been president mce struck down by a panel of Reagan Judges a I t 980, h did n t nommate hi fir t judge to the year ago, when the court said a San Fr~nc1sco larch 1984 when he named ordinance g1~mg preference to mmonlles ~nd overreachmg," Clarke said. "He doesn't hide Robert B zer, a cattle probate lawyer and women for ci~y construction cont~acts demed when the government does something wrong, local bar I au . B z r \\ii followed by eyn. equ~I protection to -.yhite men. Citmg the Fed- he doesn't try to sweep it under the rug and say th1a Holcomb Hall of Lo Angeles, who had erahst Papers, KoZJnski said such programs that was harmless " been a t, x lawyer for 12 years, served on the can be ado~ted only to correct past wr!lng- "He reminds of I retired California Supreme U.S Tax Court for nine years and wa a U.S. domgs, not simply to correct a general societal Court Justice Otto) Kaus at limes, · said North IJ1- trict Judg for thre y ars after that. bias. . . . . . Hollywood lawyer Howard Gillingham. "He Th Y were follow d by harles Wiggm , a The court 1s still cons1dermg a petition to writes with a little flair." Republican con~r ssman be t known for grant an en bane rehearing of the case, Assoc1- Gillingham recounted a murder case where stnun hly d fendmg ixon dunng the Water- ated General Contractors v. City and County of oral arguments with Kozinski went on for a gate candal, but then urging. ixon to re ign San Francisco, 813 F 2d 922 0987). hour. "I Jost in an unpublished, r curiam aft r h ~rm th " mokmg gun ·tape.and !el opinion, but Kozinski understood what hap- Brun th, a vada lawyer who wa once a High Court's ·otice pened at trial." pcoanrft 1 1d1cnrl o.f Sen Paul La alt, a Reagan And even when the Reagan Judges have not 'The gth Circuit has long had a problem with been able to muster the numbers to override During hi. ond t rm in office, Reagan has the Carter appointees, they have at times been \11point Another affirmative action plan -.yas also • ozmski's ra , but al least e seems to be honest, direct in his writing and con- cerned about government misconduct and th Circuit until
San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840) APR 111988
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Lo An111Jlcs, CA (Los Anqdes Co .) Los Angel s D,uly Journal (Cir. 5 x W. 21,287)
Jll~ ', P. C. B Elf. I 618 LOCAL BRIEFS
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______ _ Azt~~s sweep Falcons, 9-0 and 17-8 C D . d f ted UCSD day at Clairemont Bowl, but only be-
Reagan's Choices E 9 h Circuit's Ideological Split s. Two Who Liberals Feared ow Seen as 'Pleasant Surprises' 'Who's You're Panel?'
panels wandering off the reservation and what they need is a whistle-blowing mechanism for errant panels," said Stephen Barnett, a law professor at the University of C&lifornia's Boalt School of Law. "Kozinski has helped to provide that." "Noonan seems to have been appointed be- cause of his stand on abortion, but he's been a staunch supporter of human and civil rights," said Van de Hout. "In immigration, he's been one of leading lights in advocacy of immigrant rights and refugee rights." That is not to say, however, that Kozinski and Noonan do not adhere to conservative tenets. In a case where a pregnant Army woman lost her child due to alleged medical malpractice, Noonan displayed his concern for pregnant women and fetuses as he criticized the doctrine of governmental immunity "A mother or a child is not merely an individ- ual," Noonan wrote in Atkinson v. United States, 825 F.2d 2 t throws a the right-bander cause . _e ea chuma · ·: U Rob Brown pitched a five-hitter in the opener, and San Diego State swept a Western Athletic Conference double-header from Air Force, 9-0 and 17-8, at Runyon Field, in Pueblo, The games were rescheduled af~er being snowed out Saturday. The _site was changed from Colorado Sprmgs early yesterday because of heavy Brown (5-3) struck out 10 and walked four, and Brian Lutes hit a three-run homer for SDSU (26-13-1, 8- 2). Scott Oss (3-6) lost. The Aztecs hit four homers rn the second game, and freshman Erik Plantenberg (5-0) went five innings. Rusty Filter got his third save. Harry Henderson, Jeff Champ, Jeff Barry and Kasey McKean all hit two-run homers. The Aztecs and Falcons (15-15, 0-6) play a double-header today, tenta- tively scheduled for the Air Force Academy. More baseball - Mark Trafton had three bits, but host USO (17-23, 2- 10) lost to fourth-ranked Loyola Mar- ymount, 6-4, in West Coast Athletic Conference play. Mike McNary won for the Lions (35-9, 8-0). crew - San Diego State men's team lost all six events to UC Santa Barbara in a dual meet at Lake Ca- Colo · snow. College visiting day for prospective USO students will be held April 16 from noon to 4 p.m. Call the Admissions Office at 260-4506 for further information. "Communicating with Adolescents," a workshop directed by Dorothy Marron Is :;at for April 17, 24 and May 1 •rom 6:45-9.15 p.m. at the L.Jtheran Church of the Incarnation in Poway. Sponsored by the Institute for Christian Studies. For more, call 260-4784. "What Have I Learned from the Bicentennial of the Constllutlon?", a bicentennial lecture se•ies, will be held April 18 at 7 p.m. in the Manchester Confer3nce Center. Murney Gerlach will be the guest speaker. Call 260-4682 for information. "Brigadoon," a Lerner and Loewe musical, will be presented by the USD Theatre Arts April 21-24 in Camino Theater. Show begins 8 p.m. Thursday, Friday and Saturday, 2 p.m. Sunday. Admission will be charged. For more, call 260-4712. Business Update Seminars will be offered by USD's School of Business Administration April 22 and 29. Continental breakfast ls A••: 41' • • served at 7:30 am.; talk beg!~- ~t 8 am. Cost is $15 per session. For further Information, call Kathie Hare, 260-4585. "An Evening of Early American Choral Music and Spirituals," a University Community Choir spring concert, is scheduled for April 22, 8 p.m., at the lmmaculata Donation asked. For further information, call 260-4600, ext. 4456. "The PIigrim," a USO opera workshop directed by WIiiiam Eichorn will be held April 29-30, 8 p.m., in Founder's chapel. The story deals with the resurrection of Christ. Requested donation is $7, $5 for senior citizens and $4 for students. For more, call 260-4600. San Diego, Calif. Southern Cross (Cir. W. 27,500) APR 15 1988 ,}Wen's P. C. B 1- t I ~88 appointed lex Kozm ki. a brilliant. but very yuung Cl 1m Court Judge who once clerked for h1ef Ju tic Wum•n Burger and Kenned); D vid Thompson. a an 1J1ego bu. iness lawyer oonan, 11 Umver ity of Cahforma at Berkeley who e brother i a d1 trict judge, John O'Scannlam, former chairman of the Oregon ltepublican Party and a Portland lawyer who pcc1ahzed in r gulatory law. Edward Leavy. a Eug ne Ore , d1 tnct judge who also erved on the state court for nine years. nnd Trott, who moved up the ranks in the Los Angele:; IJ1 trict Attorney's office before becoming U.S. law prof or known fol' hi trong anti-abor- hon i w nnd rholarty writmgs, IJiarmuid ~VIS successful in catching the ear of the conserva- In Pangilinan v. INS, 809 F.2d 1449 <1987), a group of Reagan, Nixon and Ford appointees filed an usual dissent when the full court re- fused to reconsider a ruling made by a panel of three Carter judges. In that case, the Carter judges invoked its equity powers to grant citi- zenship to 16 Filipino nationals who fought for the United States during World War II, but failed to apply for citizenship before a D<·c 31, tive U.S. Supreme Court. "While the panel may have acted from the noblest of motives, its opinion disregards the clear teachings of the Supreme Court ... ," the dangers posed by the panel's decision. Kozinski's apparent message worked, as the 1946, deadline. back-up ball from the left side of the 617-6 3 0, m varsity eight action a 1 Port Sacramento. a;;xter was the top seed in the stepladder finals after leading the lus 11) 192 to defeat Tim Call of El ~ajon, who had 170 (156•14), in the championship match. Call earned $7 50 for second place. San Diegans 'fi 1 . H bowled (lSl semi ma scormg. e !he ~n I?iego Noma~s soccer - beat the Cahforni~ Kic~ers, 3 -0, m the Western Athletic Alliance season thwestern College Mar10 Gon~alez scored twice an Lucas Martin once. The Nomads ~o~i the Los Angeles Heat Satu rd ay mg t S opener a ou . d Ii g - You could say Scott Baxt"r of Escondido backed into the A·nateur Bowlers Tour Spring bampionship title and $l,SOO yester- at no. Bo · · d G 1 w·n· a e I iams Tom W1lhs ($~50) an ($250) were thir~ and fourth, respec- tively, ~nd Chns. Montes ($150) of Atlorn 'Y m Los ngeles and then heaping the wrote Kozinski, going on at length to describe Chula Vista was fifth. d I . t on mue C rom 1-'age 1 Justice D •partment's criminal division in U.S. Supreme Court voted to hear the case last Washington. n.c. year and held arguments last Feb. 24, INS v. Now the R gen appointees are . tarting to Pangilinan, 86-1992. Los Angeles, CA !Los Angeles Co) Times (San Diego Ed.) !Cir. D 50,010) (Cir. S 55,573) AP Conservatives praise the performance of exert th 1r influence on the San Francisco- ba ·ed court. But since Reagan £ailed to £ully Reagan's judges on the court. y HILIP CARRIZO A "They do take a closer look at the law and avoid the vicissitudes of social engineering that other judges sometimes unfortunately en- g_age m,' said John Findley, director of litiga- tion for the business-oriented Pacific Legal Foundation "They tend to be much more strict construc- tionists than some earlier appointees," Find· I d,ad_dmgthattheReaganJudgesappear remake the court, il 1s developing a split per- r• many lawyers say, depending on which )udg II are chosen at random to sit on the thr ge panels that deciue the vast major• 1ty of cases ·'A lot ol limes, attorneys are waiting for the week before arguments when they find out what panel they will have because that will target determine the outcome of the case," an Francisco attorney Marc Van der Hout, who pcciahz :; in immigration law. "That's unfortunate because in theory the law IS not supposed to be that way, but every- on realize in practice that it's very much true. You often know the result once you know the panel," Van der Hout aid. Judy Clarke, head of Federal Public Defend• ers Inc. in San Diego agrees. "The main thmg with the 9th Circuit now is· onah aid Who's your panel'?" Clarke said. "Some cases will go one way no matter who's on the panel. But a substantial number depends on the pan- el. That's the impact of the Reagan judges." "I think the general impression is that it's a game of roulette," said Uelmen. Browning insists that there is no ideological spht on his court and says the most important thmg is that the new judges have come in and helped the court tremendously with its workload. "Most cases don't depend on ideology any- way," Browning said, disputing the premi e that the 9th Circuit was all that liberal anyway. But the conservative judges have had a tell• ing effect on several key cases. For example, jw;t last month, a seven-mem· her majority dominated by Reagan appointees upheld a death sentence for a Montana man convicted of murdering a 23-year-old school teacher in 1974. The majority, led by Kozinski, agreed that several errors had been made in the instructions given to the jury. But the court excused those mistakes in McKenzie v Risley, 88 Daily Journal D.A.R . 3217, saying, "even if the jury did rely on the improper instructions, the error was harmless." The four-judge minority, composed entirely of Carter appointees, protested vigorously, complaming that the maJority had stressed the "hideousness of the crimes" and weaved a "tortured path" through the instructions that the jury "might" have followed. "(T)he instructions were so flawed that the defendant could not have had a fair trial," asserted Judge Betty Fletcher for the dissent- ers. "The instructions in this case are so bad that even the prosecution at trial objected to their use and requested that alternatives be read in their place." And a year ago, a pair of Reagan judges joined forces to throw out test scores used to promote minority and female police officers m San Francisco because they "unnecessarily trammeled" the rights of white male officers. "This type of result-oriented scoring is offen- sive," wrote Wiggins in S.F. Police Officers Assn. v. City and County of San Francisco, 812 F .2d 1125 (1987). That decision stood until two weeks ago when the panel, over Wiggins' ob- jections, decided it would be inequitable to oust the promoted officers from their jobs and de- clared the case to be moot. 14 '\988 I'. C. B - In an Unpleas nt Surprise, Aztecs LoseForward ecruit By C if Propert, Rights In Thomas v. Bowen, 791 F.2d 730 (1986>, to be exertmg a "moderating influence across Kozinski wrote an unusual concurrence to his thP board" n 9th Circuit rulings. own majority opinion in defense of private But there have been ~urpnses from the Rea: property righl~. In the majority opinion, Ko- gan Judges, too, particularly from Kozinski zinski agreed that the government could force and, Noonan. . a widow to return mistakenly given benefits V.hPn he was nominated to the court in June without notice or a hearing. But in the concur- 19a.5, Kozinski was attacked as too young at 35 rence, Kozinski said that government intrusion lackmg in judicial temperament and too con "impermissibly blurs established principles of servative. The American Bar Association gavi pri".'ate property, rights fundamental to a free him a "split rating" with a majority callini society." him "qualifil:(i" for the job - the lowest ABA Kozinski sought to protect property rights in appr?.val ratmg_ - .~nd a minority saying h1 another case involving rent co tro . Stron I was no qualified hinting that Santa Barbara· ent control law But m one of his first op1itl , Kozinsk infringes on the rights of landlo ds, Kozinski wrote a scholarly and impassioned defense oltreinstat a suit challenging the law in Hall v. homos~xuals who were being sued by the U.S City of anta Barbara, 797 F ~d 1493 0986) O_ly~p1c Committee for using the term "Olym In a footnote, Kozinski cited economists who pies to promote San Francisco's Gay Games say rent control actually harms tenants be- The gays "seek to create a more realistic caw;c it reduces the quality of rental stock and image of homosexual men and women in all societies and to provide more alternatives for discourages investment in new rental 1 homosexual men and women to move into the property mainstream," Kozinski wrote. Southwestern University law professor Nor- "The USOC is usmg its control of the term man Karlin , who teaches land use and constitu- 'Olympic' to promote the very image of homo- tional law, says Kozinski tends to take a "more sexuals that the (Gay Games) seek to combat. principled look at how cases should be decid- Thus, handicapped, juniors, police Explorers ed" than the Carter judges. even dogs are allowed to carry the Olympic ··ne doesn't draw distinction between indi- torch. b~t. homosexuals are not," complained ~idual righl:5 a!}~ property rig_hts," Ka_rlin ~aid. Kozinski m Intl. Olympic Committee v San He thmks md1v1duals have rights to hfe, hber- Fr;,nc1sco Arts & Athletics 789 r.2d 1319 ty and property and if you take away property (1!186). ' rights, that also affects life and liberty so you In another case, Kozinski protested when a carefully scrutinize all those laws. The Carter pair_ of fellow Reagan judge: upheld the au- appointees thi~ you,,can separate property thority of Customs Service agents to secretly from hfe and liberty._ open luggage bound for flights to Latin The other Reagan Judges have not yet pro- America duced major opinions like Kozinski and "My guess is that most pas engers would be Noonan, lawyers who practice before the Ninth I Circuit say / shocked to learn that, as they are waiting to r . • board the plane, faceless bureaucrats are breaking into their luggage and pawmg through it at will,·• Kozinski wrote in U.S. v. Nates, 831 F.2d 860 (1987), arguing that the searches are "unreasonable." I Noonan Unpredictable When Noonan was named to the court in l . October 1985, his strong anti-abortion vie\ ·s were feared by many liberals as being indica- tive of extreme conservatism. But Noonan is I appearing to be just as unpredictable as : Kozinski. For example, in Lazo-Majano v. INS, 813 F.2d 1432 0987), Noonan wrote that a woman who had been raped, beaten and dominated by a s~r_geant rn the Salvadoran army could claim pohhcal persecution and get asylum in the Umted States. That unusual opinion drew a d1~ent from a Carter judge, Cecil Poole. who said Noonan had "outdone Lewis Carroll'' in applymg the term "political opinion." Kozinski and Noonan are seen as pleasant surprises by liberals. _ __________..J San Diego, CA (San Diego Co.) Daily Transcrirt (Cir. D. 7,415 APR 15 1988 Jll~ '• P. C. B E, 1 I 888 ~duate degre: programs in marine science and ocean studies were launched by~sterday with the help of a $10,000 con- tributlbn ''l'rbn\ '' the Sa:h Diego Oceans Foundation. The donation will consist of proceeds from the foundation's June 24 fundraiser, called San Diego Oceans '88, plan- ned at the downtown Marriott. Roger Revelle, who put the Scripps Institution of Oceanography on the map, is honorary event chairman. Tickets to the dinner, dance and auction are $125 each. The founda- tion is challengmg local businesses to match its contribution, said Frank Powell, the organization's executive v.p. and cha1rman of Oceans '88, with the __ go3/being $100,000. ~'tfb ./' * * * / San Diego, CA (San _Diego Co.) Evening Tribune (Cir. D. 123,092) (San Diego Co .) San Diego Union (Cir. D. 217 ,089 ) (Cir. S. 341 ,840) AP 14 APR 14 1988 I IT O'M'ER BE GOOD - The tran- s Los Angeles, CA (Los Angeles Col Times (San Diego Ed .I (Cir. D 50,0101 (Cir. S 55,5731 p .Jllloa's far. r 888 P. C. B O1988 P. C B I 1888 Whittier San Diego, CA (San Diego Co.) Daily Transcrirt (Cir. D. 7,415 APR14 1qaa San Diego, CA (San Diego Co.) Evening Tribune (Cir. D. 123,092) • San Diego Sports Et Cetera Nazarene managed just two hits in the second game and lost, 2-0. Hardan's third inning two-run home run highlighted the first game. Larry Johnson (4-8) picked up the win. A.J. Napier collected both of Pomt Loma Nazarene's hits in the second game. Pomt Loma Nazarene is 11-22 and 4-8. WOMEN'S TRACK The Point Loma Nazarene women's track team won the 5 7 th Fresno Relays behind the stellar performances of relay team Stacy Arthur, ShawndaJ Reddic, Connie Navarro and Suzanne Johansson. The _quartet won the 1,6()0.meter relay m 3 minutes 58.67 seconds . Navarro also won the 1()0 meters. m 12,67.2. APR 15 1988 I' M a 8 ark Grafittt batting agamst USO reliever Louis Skertich In the first game, traili~g 5 _3 wi th tbe bas loaded, Grafitti laced a pitch into left field that was ~ISJudged by USD's Chuck Gra- am. The ball went all the wa to the fence, clearing the bases. Y In the second game, after USO h_ad come from behind with three sixth_-lnning runs to take a 4-3 lead Graf1tti came through with a two: run Slngle to lead Loyola (34-S 7-0). • · Darr~! Scott (7-2) won both games m relief for Loyola. James Ferguson (3-2) lost the first game for USO, and Skertich (2-6) was the loser in the second game. D Brian Terna, John Danis and B_r~~ Hardan each had two RBIs as vtsitmg Pomt Loma Nazarene Col- lege defeated Southern California College m the first game of a Golden State Athletic Conference doubleheader, 7-4. But Point Loma Jl[~'• P. C B E .Jllleri '• P. c. e ,,_,,_ , 8 88 ,..-- "Brigadoon" - ~eatre Art, pr.. sents Lerner and Loewe's musical ibout mythical Irish town that comes lo Ille once every hundred years, and young romantic- minded man who happens upon 11, 8 p.m. April 21-23 and 2 p.m. April 24, Camino The- ater. Tickets: general, $5; sludenls, senior citi- zens and mllllary, $3; children 12 and uoder _ s2. lnformalion: 260-4712. P<9:55 _;, -~~--~~---~
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