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Western Legal History WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY SPECIAL ISSUE: FIFTIETH ANNIVERSARY OF THE SOUTHERN DISTRICT OF CALIFORNIA VOLUME 28, NUMBER 2 201 Western Legal History is published semiannually, in spring and fall, by the Ninth Judicial Circuit Historical Society, 125 S. Grand Avenue, Pasadena, California 91105, (626) 795-0266/fax (626) 229-7476. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts- particularly the federal courts-in Alaska, Arizona, California, Hawai'i, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the NJCHS as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499; Sustaining, $100-$249; Advocate, $50499; Subscribing (nonmembers of the bench and bar, lawyers in practice fewer than five years, libraries, and academic institutions), $25-$49. Membership dues (law firms and corporations): Founder, $3,000 or more; Patron, $1,000-$2,999; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other society publications and programs, please write or telephone the editor. POSTMASTER: Please send change of address to: Editor Western Legal History 125 S. Grand Avenue Pasadena, California 91105 Western Legal History disclaims responsibility for statements made by authors and for accuracy of endnotes. Copyright @2015, Ninth Judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. Manuscripts (three copies, and one disk in Microsoft Word for Windows, if possible) should be sent to the Editor, Western Legal History, 125 S. Grand Avenue, Pasadena, California 91105. Texts, including quotations and endnotes, must be double spaced. Notes must be numbered consecutively and appear in a separate section at the end of the text. Authors are requested to follow the style for citations used in this journal. Manuscripts that are no more than thirty pages in length, not counting notes, charts and tables, and photographs, are preferred. Also preferred are manuscripts not concurrently under consideration by another journal. Whether because of prejudice or custom, writers in earlier times often used language considered strange or offensive today. Because Western Legal History publishes articles that present the historical record as accurately as possible, it occasionally publishes quotations containing such language. The publication of such is not to be construed as representing the attitudes of either the authors or Western Legal History. Communication with the editor is encouraged before submission of any manuscript. At that time, other guidelines for the preparation and publication of an article may be discussed. Consultation about punctuation, grammar, style, and the like is made with the author, although the editor and the Editorial Board are the final arbiters of the article's acceptance and appearance. Articles published in this journal are abstracted and indexed in America: History and Life; HistoricalAbstracts; the Index to Legal Periodicals;and the Legal Resources Index. NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY BOARD OF DIRECTORS GARETH T. EvANs, ESo. ADVISORY COUNCIL Chair J. BRUCE ALVERSON, ESQ. PAUL T. FRIEDMAN, ESQ. Vice Chair LADD A. BAUMANN, ESo. RITA M. HAEusLER, ESQ. HoN. MARSHA S. BERZON Treasurer BETH MARY BOLLINGER, EsQ. WILLIAM I. EDLUND, Eso. Secretary HON. CHRISTI E W. BYRD JEFFREY M. FISHER, EsQ. A. MARISA CHUN, Eso. Immediate Past Chair DANIEL P. COLLINS, Eso. SETH ARONSON, ESQ. HON. MORRISON C. ENGLAND, JR. JEROME 1. BRAUN, ESQ. PARKER C. FOLSE III, ESQ. JOHN CARSON, ESQ. FREDERICK P. FURTH, EsQ. HON. DAVID 0. CARTER HELKEI S. HEMMINGER, EsQ. HON. RICHARD R. CLIFTON ERNEST A. HoiDAL, EsQ. ROBERT H. FAIRBANK, EsQ. HON. PROCTER HUG, JR. DONALD L. GAFFNEY, ESQ. HON. SUSAN Y. ILLSTON GERSHAM GOLDSTEIN, ESQ. PROF. COLIN JONES KiRY K. GRAY B. ANN KEITH, EsQ. PETER F. HABEIN, ESQ. KENNETH N. KLEE, ESQ. DEBORAH K. KRISTENSEN, ESQ. RON MAROKo, Eso. ROBERT D. LOWRY, ESQ. SONIA R. MARTIN, ESQ. THOMAS J. McDERMOTT, JR., EsQ. HOWARD G. MCPHERSON, ESQ. HoN. M. MARGARET McKEOWN DIANE M. MYERS, ESQ. HON. WILLIAM ORRICK III TERRY NAFISI JEFFREY R. PORTNOY, ESQ. HON. RANDALL NEWSOME HON. MANUEL L. REAL HON. DIARMUID F. O'SCANNLAIN HON. PAUL G. ROSENBLATT WILLIAM D, PICKETT, Eso. HON. MARY M. SCHROEDER PER A. RAMFJORD, Eso. MARC M. SELTZER, ESQ. ARTHUR F. ROECA, ESQ. HON. MILAN D. SMITH, JR. JoY SHOWMAKER HON. CHRISTINA ANN SNYDER GAIL MIcDAL TITLE, ESQ. HON. SIDNEY R. THOMAS ROBERT S. WARREN, EsQ. DEAN A. ZIEHL, ESQ. DOUGLAS R. YOUNG, Eso. MERYL L. YOUNG, ESO. WESTERN LEGAL HISTORY BRADLEY B. WILLIAMS, EDITOR BETHANY PHILLIPS, Cory EDITOR JUDITH FORMAN, PRODUCTION EDITOR S. DEBORAH KANG, BOOK REVIEw EDITOR EDITORIAL BOARD JUDITH AUSTIN KATRINA JAGODINSKY Boise University of Nebraska, MICHAL BELKNAP Lincoln California Western DAVID J. LANGUM School of Law Samford University ELIZABETH J. CABRASER, ESQ. Cumberland School of Law San Francisco R. JAMES MOONEY of Oregon LAWRENCE M. FRIEDMAN University Law School Stanford Law School PAULA PETRIK, PH.D. CHRISTIAN G. FRITZ George Mason University University of New Mexico School of Law PETER L. REICH Whittier Law School DALE GOBLE JOHN PHILLIP REID University of Idaho New York University School of Law School of Law PAUL BRYAN GRAY, ESQ. HARRY N. SCHEIBER, PH.D. Claremont University of California MICHAEL GRIFFITH, PH.D. Boalt Hall School of Law Oakland MOLLY SELVIN, PH.D. ARTHUR D. HELLMAN Santa Monica University of Pittsburgh ROBERT S. WOLFE, ESQ. School of Law Santa Ana WESTERN LEGAL HISTORY VOLUME 28, NUMBER 2 SUMMER/FALL 2015 CONTENTS Introduction 1 53 Janis L. Sammartino 153 The Creation of the United States District Court for the Southern District of California Brittany Torbert 16U Judge Judith Nelsen Keep and Her Legacy in the Southern District of California 181 Jessica Wallach 101 Border Crossings, Internal Checkpoints, and the Fourth Amendment in the Southern District Seve Gonzales 20U De Luz Canyon: Human Tragedy at the Intersection of the Media, Jurisdiction, and Murder Crystal Vasalech Cover photo: The James M. Carter and Judith N. Keep United States Courthouse in San Diego, California, was completed in 2012. (Courtesy of the General Services Administration and the Southern District of California) vi WESTERNI LEGAL HISTORY VOL. 28, No, 2 "Strippergate": Political Corruption in America's Finest City Katherine Brown 253 Book Reviews 279 Articles of Related Interest 289 Memberships, Contributions, & Grants 293 INTRODUCTION JANIs L. SAMMARTINO Iam pleased to introduce this special edition of Western Legal History. The issue contains five student works to celebrate the fiftieth anniversary of the Southern District of California. The court invited the deans of our three local law schools-California Western, Thomas Jefferson, and the University of San Diego-to select students to write scholarly articles. The law students selected topics based on their personal interests, exploring some of the extraordinary individuals and significant cases in our district's history. This special issue is only the start of our effort to engage and educate the community about the contributions the federal courts make to society. I am grateful to the Ninth Judicial Circuit Historical Society for its support of this endeavor, and to the Ninth Circuit Attorney Admissions Committee for pur- chasing the photographs from the San Diego History Center. We begin with Brittany Torbert's article on the creation of the Southern District. While those of us in San Diego refer to 1966 as the birth of the Southern District of California, it is more accurate to describe it as the year when San Diego and Imperial Counties separated from the shadow of their big, cos- mopolitan sister to the north, Los Angeles County.' Torbert's article describes the mechanics of the formation of the South- ern District, but her article is not a dry legislative history. She captures human interest stories that bring the past fifty years to life. Prior to 1966, our court operated as the southern division of the Southern District. For a full history of the federal districts in California, see George Cosgrave, "Early California Justice: The History of the U.S. District Court for the Southern Dis- trict of California 1849-1895," Western Legal History 2 (Winter/Spring 1989): 191; Hon. William Howatt, Jr., "History Brief: How the Southern District Came to Be," San Diego Lawyer (March/April 2016): 41-42. Janis L. Sammartino is a United States district judge in the Southern District of California. 154 WESTERN LEGAL HiSTORY VOL. 28, No. 2 As Torbert reports, one of the primary motivating factors to add the Southern District was the region's substantial criminal caseload. In the early years, court sessions were long. Judge Edward Schwartz recalls handling 156 law and motion matters in one long, thirteen-hour day.' He took ten min- utes for lunch and finished his criminal calendar at 9:30 that evening. While he took guilty pleas and imposed sentences for a week, his only colleague, Judge Howard B. Turrentine, would try a short criminal case or two. The next week, the two judges switched duties. "Howard Turrentine and
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