News Scrapbook 1988

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

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

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

'I think I'll be ready by Friday, definitely. Right now, it's just a little tender.' - Efrem Leonard

JAN 12 1988

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/. ,,,..izros lose Pelton, but gain a win ~he 1987-88 season took some against _the Lions could be critical, twists, both new and old, for th~ but agai~t the Wildcats last night

Eight minutes later the Toreros had expanded their lead to 18-7 be- for~ the ~ildcats scored eight straight pomts to get back in the game. USO led 27-19 at halftime The Toreros took control of the game at the outset of the second half Whe~ Weber State's Fred Rollin hit an eight-foot jumper with 14:50 to play ~o cut USO's lead to 34-25, that was it. The Wildcats would get no closer. Cottrell. gave USD a 20-point lead at 55-35 with 7:08 remaining when he converted an offensive rebound into a basket. Sayers hit a pair of free thro~s. with less than two minutes remammg to give USO its biggest lead of the contest 66-40. "I told the kids after the Colorado ~ame I was unhappy," said Egan. . We had one of those air-it-out meet- ings ~for~ the game and they got after 1t tomght." Weber State (2-11) shot just 30 per- ~ent (16-of-52) from the field, includ• mg 3-of-17 from three-point range.

[J_S]l'S..Leonard out for game Tribune Staff Report USO will be missing starling guard walking on it by the evening. 'Righi E rem Leonard tonight when the now, Ws just a little tender." Toreros visit Weber State in Ogden Leonard was one of the primar~ Utah. ' reasons why USO went on a four USO is 7-5 and coming off an 83-72 game winning streak, which wai lo Saturday night against the Uni- snapped by Colorado. Since Leonarc vcrsity of Colorado. Weber State a was inserte~ into the starting lineu~ !llember of the Big ky Conferen~e. Dec. 19 against San Diego Stale, thE is 2-10 overall, 0-2 in conference. Toreros ~ave gone 5-2. Since bein€ L named a starter, the junior out of Mt eonard. who has aarnv1ees-r_a'1g~e•~r.;te119t---_s_an Antonio CC averaged 13.6 points his right ankle attempting t~ block a sophomore Craig Cott;e:7'!o~ld shot early in the game agamsl Colo- "probably" start for Leonard. Cot- rado. He played the rest of the game trell started the first two games of scored 16 points, but the ankl~ th swelled up afterwards. . e season, but has seen limited ac- tion smce. USO assistant trainer Steve Nel- F h lies said Leonard suffered a first de- res men Randy Thompson and gree ankle sprain, first degree being Kelvm Means will also receive play- the least severe. mg time at the position . "We're looking at having him play- "That kind of stuff (Leonard's inju- mg next weekend," Nellies said, "al- ry) h~ppen.s to every team," Egan though right now we can't be 100 per- said. Thats the way it goes." cent sure." Weber Slate. coached by former The Toreros open West Coast Ath- UCLA head coach Larry Farmer is letic Conference play next Friday on led b_y 6-foot-7 junior center Rico the road against conference favorite Was~ngton, who's averaging almost Loyola Marymount. The Lions are 20 pomts a game. 10-3, have won seven in a row and While the Wildcats have had a dis- h~ve scored 100 or more points in ~ppointing season, they do have one mne games. 1 · · "I mpress1ve wm to their credit, an 81- think I'll be ready by Friday 77 home court victory over Cal state definitely,,. said Leonard, who spent Fullerton. USD lost to Cal State yesterday icing the ankle and was Fullerton on the road 71-59.

th e subslltutes fil~ed in admirably. Sophomore swmgman Craig Cot- trell scored 11 points with four re- bounds and t.vo blocked shots in place of Leonard. Freshmen Oondi 'We had one of those air-it-out meetings before the game and they got after it tonight' -Hank Egan Bell a_nd Kei~h Colvin combined for 12 pomts, nme rebounds and two blocked shots in place of Pelton "We told them as long as· the played hard, we'd keep them i~ there," said USO coach Hank Egan w~os~ team improved to 8-5 with th~ wm. Bell and Colvin played well." Freshm~n forw~rd John Sayers led USO with 14 pomts, scoring ei ht of the Toreros' first 10 points to gTve ~he team a 10-4 lead four minutes mto the game.

basketball team last night. USO "."on its first game of the sea- son outside of San Diego by defeating Weber State 66-44 before 5,071 at the Dee Event Center in Ogden, Utah. But for the second straight game the ~oreros lost a starter to a twi~ted right ankle. Torer~s senior center Jim Pelton play~ Just three minutes before leavmg the game with a sprained ankle. Pelton suffered the injur when he came down on his foJ wrong while going for a rebound. In Sat~rday's 83-72 loss at Colora- do,_ USD Junior guard Efrem Leonard tw1St~ his right ankle while at- te~phng to block a shot earl ~gamst the Buffaloes. Leonard fii ~hed, the game, but missed last mght s contest against Weber State At this point, Leonard and Pelt~n are quesbonable participants for Friday night's WCAC opener at Loy- ola Marymount. Their absence

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mom nts of the seaond half o the thrce-pomt hootin of Marty Munn, the Ir 1d play of Pelton and th fies- ty play of Danny Means and M ke Haupt However, Pelton picked up his third and fourth fouls and Munn ho hill hed as high scorer with 19 pomts, went cold from long range, g1vmg CU a chance to regroup. The 3-9 Buffaloes' tomeback in the sc-cond half was led by Wilkie who scored 27 points and became the 14th player m CU history to core 1,000 career pomts. Tt:e 6-10 center scored 10 double figures in 26 of hi 28 gam last season but was shut out by USO center Scott Thompson last season 111 the Torero · 61·51 victory at t Sport Center 'Scott had a tough first half, but he buckled doy;n 111 th end." CU coach Tom ~tiller said. The offensive re- bound we got really were the big momentum lift for us. It gave us breathmg room. A Means Jumper, however, had given USO a 59-57 lead with 8:21 to play but the Toreros would core only four points 10 the next 7.02 - on two free th, ows and a Means 12- footer - while CC was posting 18. mcluding two follow-up buckets on m1 ed free throws "Those were very big," Egan said USO, fru trated at the free-throw !me, went to the long-range shooting and hit 11 of 24 three-point attempts. However, the Toreros appeared to become 1mpat1ent in the second half and began fmng too soon and too often "We just got the urge to start Jack Ing up the shots," Pelton said. "We gol a little panicky." ·'Thmgs were getting kind of rag- gedy ' said Means, who scored 17 while working overtime, to keep the Torcros together "We haven't had th t many road games yet and we haven t been that ucc ful; that's om thmg we just have to work on." The Toreros have three more road g mes m the coming_week begmning onday at Weber S ate.

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

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Another Bork,With a NewTwist Economic Views Put Appellate Nominee in a World Beyond !l()~ By MARY D. NICHOIS Lochner vs. New York. That case elevated contractual and property rights to a pinna- cle never to be touched by states.

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2 USD's Defense Starts at Loyola a - ..-- sm-r1r~~ The Univers.!!:Y.9f San Diego b;lsketba!T" team will l:5egmael'ense of its West Coast Athletic Conference regular-sea- son championship at 7,30 tonight at Loyola Marymount's Albert Ger- sten Pavilion, where 1 t seems they ne r really needed to install a 45-srcond cock. Loyola, second in the nation in scormg behmd Oklahoma, has av- eraged 118.7 points in SIX home games. this season, all victories. · The Lions, who were last a year ago m the conference, are 10-3, the beSt pre-conference record of any WCACteam. The reasons for the turnaround are three transfers who traveled crosstown to Join Coach Paul Wes thead. Hank Gathers and Bo Kim- ble came from c, and Corey Games fro1;1 UCLA. They join the conference s leading scorer of a year ago, :\1ike Yoest, and its leading rebounder, Mark Arm- strong. Gathers is averaging 23.l points, Games 19.2 and Kimble 18.7 off the bench. Yoest 1s only fourth in scoring this year, at 16.5. USD (8-5) has only one player, Marty Munn (16.7), who scores more pomts than Yoest does. And M~.nn usually comes off the bench. Of course we can't get into a scormg battle with them," USO Coach Hank Egan said. "We'll try to play our game and take them somewhat out of theirs." USD will have to play without startmg forward Mike Haupt, who will not make the trip because of a death in his family. Munn probably will start m his place. Starting point guard Efrem Leonard, who injured his ankle Saturday mght against Colorado, 1s questionable, but cen- ter Jim Pelton, who twisted an ai:ikle agamst Weber State Monday mght, is expected to play. -CHRIS ELLO

mental efforts to promote religion. In fact, Siegan rejects the entire l1istory of Su• preme Court decisions holding that the 14th Amendment makes the Bill of Rights applicable to actions by state government. In his first and only appeara1:ce before the Senate Judiciary Committee following his nomination, Siegan asserted that his writing should not used to evaluate his fitness to serve as an appellate judge, and insisted that he would be bound by Supreme Court precedent even if he dis- agreed with it. The problem with this argument, which was also used by Judge Bork, is that in the case of Circuit Court Judges more than 95% of all decisions are final. Seldom is a case decided at the appellate level in which the Supreme Court precedent is absolutely clear. Appellate Courts must use Supreme Court decisions as guidance, but their work is in the grayer areas of interpretation, resolving conflicts or filling in gaps, sometimes even deciding completely new issues and theories. Prof. Siegan has given us a very full ex- planation of his views on some very fun - damental constitutional issues, and the record that he has left is one of an extreme ideologue who wants to bend the Constitu- tion to suit his economic views. The fact that he also serves as head of Atty. Gen. Edwin Meese's advisory panel on "original intent" theory only adds to the impression that this is an appointee with an ax to grind. The Judiciary Committee will revisit Siegan's nomination immediately after the vote on Judge Kennedy's confirmation to the Supreme Court. If the committee holds fast to the sensible standards that it has established in the Bork and Kennedy pro- ceedings, Siegan must be rejected. Mary D. Nichols is the e:i:ecutive director of the California office of People for the __ American Way. /

With the defeat of Robert Bork and the near-certain confirmation of Anthony Kennedy to the vacant seat on the Su- preme Court, the Reagan Administration's seven- year effort to remold the federal courts would appear to be running out of steam. But, in fact, chugging along right behind Kennedy is another nominee, this time to the U.S. 9th Circuit Court of Ap- peals, whose views and writings raise all the same questions that Bork aroused-but with a new twist. Bernard Siegan is a 63-year-old un- tenured law professor at the Unjversit.Y of S:.an Djego. The bulk of his career was spent as a real-estate developer in Chicago, where he occasionally represented himself but never appeared in federal court. He has · ten or edited many articles as well as two books, although none are the kind ot heavily footnoted pieces that appear in major law reviews; much of his writing has been in the form of signed opinion columns carried in the Orange County Register. S1egan's legal qualifications to be an appellate judge are of far less concern, however, than his approach to constitu- tional interpretation, which goes beyond conservatism (as epitomized by the care- ful, precedent-minded Judge Kennedy), or even libertarian philosophy (although Siegan is an acknowledged libertarian in philosophy) into the realm of the bizarre. Siegan's two books, "Economic Liberties and the Constitution" (1980) and "The Supreme Court's Constitution" (1987), provide the theoretical justification for the position that he has argued m dozens of articles on slightly different topics over the past decade. The thrust of his arg11ment is that the Supreme Court has been on the wrong track since 1937, when the court rejected the approach first articulated in

In accordance with the Lochner view, Siegan believes that government efforts to protect workers through minimum-wage laws, or to control urbau sprawl and pro- tect environmental quality through zoning, should be struck down as unconstitutional taking of private property unless the state or local government can prove that the regulations are absolutely necessary. In general, Siegan believes that controls on land use or economic activity are anti- competitive, economically inefficient and unfair to business. The role of the courts should be to protect the right of busmesses or individuals to use their property as they see fit. No deference to the decisions of elected city or state officials is appropriate in these cases. When it comes to other personal rights and liberties, particularly the principle of equal protection enshrined in the 14th Amendment and 50 years of Supreme Court decisions, Siegan feels that the courts have been overly protective. Based on his view of the "original intent" of the framers of the Constitution, Siegan asserts that Brown vs. Board of Education cannot be justified on the basis of equal protection because "the 14th Amendment accepted segregation in contemporary public educa- tional facilities." In order to avoid endors- ing segregation, however, Siegan comes up with the rationale that segregated schools infringe on the black child's "right to travel." This argument is so strained and unconvincing as to call into question either Siegan's scholarship or his sensitivity. According to Siegan, the Supreme Court has also gone overboard In protecting First Amendment rights by giving the press privileges not enjoyed by other businesses and looking much too critically at govern-