University of San Diego News Print Media Coverage 2002.05

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Print Media Coverage 1947-2009 USD News

2002-05-01

University of San Diego News Print Media Coverage 2002.05

University of San Diego Office of Public Relations

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( May 2002 USD News Print Media Coverage May 2002

Hughes Career Achievement Awards Distinguished Alumni To Be Honored At USD (San Diego Metropolitan) ...... 1 Distinguished USD Alumni To Be Honored at Awards Ceremony (Southern Cross) ...... 2 Ode to moms [LaPorta] ( San Diego Union-Tribune) ...... 3 Distinguished Alumni to be Honored at USD (La Prensa San Diego) ...... 4 Distinguished alumni to be honored at USD (El Sol de San Diego) ...... 6 Around the Town (San Diego Jewish Press Heritage) ...... 7 USD Hughes Awards honors distinguished alumni (San Diego Union-Tribune) ...... 8 Hughes Award Ad (La Prensa, El Sol de San Diego, San Diego Business Journal) ...... 9

Commencement 2002 At 66, he's embarking on a new career as a lawyer [Branch] (San Diego Union- Tribune) ...... 10 Market lessons (San Diego Union-Tribune) ...... 12 Father Hesburgh to Address USD Graduates (Southern Cross) ...... 15 Diploma time [Norton] (San Diego Union-Tribune) ...... 16 Top 100 Degrees awarded to Hispanics (Hispanic Outlook in Higher Education) ...... 17 USD Salutes the Class of 2002 (San Diego Union-Tribune, Southern Cross, San Diego Metropolitan, San Diego Business J oumal, San Diego Daily Transcript, Enlace, La ( Prensa) ...... 20

College of Arts and Sciences Rouault Exhibit (San Diego Home/Garden) ...... 21 No Strings Attached (San Diego Reader) ...... 22 Pedophilia must be condemned unconditionally (San Diego Union-Tribune) ...... 24 Climbers [Bradish] (Roll Call) ...... 25 Connecticut Opera's managing director is at home in Newington [Levy] (Newington Life) ...... 26 Making Noise [Ramirez] (San Diego Union-Tribune) ...... 29 Music (San Diego Home/Garden) ...... 31 Arts Listings (San Diego Reader) ...... 32

School of Business Administration Accounting "flu" testing investor's faith [Phillips] (San Diego Union-Tribune) ...... 33 Optimism abounds despite decline in local indicators [Gin] (San Diego Daily Transcript) ...... 35 Local unemployment steady despite weakness [Gin] (San Diego Daily Transcript) ...... 37 Students help animal center (San Diego Daily Transcript) ...... 39 Seminars (San Diego Union-Tribune) ...... 40 Robert 'Bob' Papera Builds A Family Business Of His Own (San Diego Metropolitan).41 Master of Science Executive Leadership (San Diego Union-Tribune) ...... 42 School of Business Administration (San Diego Union-Tribune) ...... 43 MA\/ '.2..DD 2- f'· 2- For the Record (San Diego Union-Tribune) ...... 44 USD Grad School programs really mean business (San Diego Union-Tribune) ...... 45 Master of Science Executive Leadership (San Diego Union-Tribune) ...... 46

Institute for Peace and Justice Interior Wood millwork completed at Peace & Justice (San Diego Daliy Transcript) .... 48 Fyi (San Diego Union-Tribune) ...... 49 Fyi (San Diego Union-Tribune) ...... 50

School of Law Appointment of judges held hostage [Siegan] (Orange County Register) ...... 51 A brief for principled judges [Siegan] (Orange County Register) ...... 53 A crisis over federal judicial nominations [Heriot] (San Diego Union-Tribune) ...... 54 The reverse descrimination dilemma continues [Heriot] (San Diego Union-Tribune) .... 56 Killers Slip Away to Mexico [Vargas] (Los Angeles Times) ...... 58 Indian Tribal Sovereignty Explored [Carter] (Indian Voices) ...... 60 Anderson Lawyers Question Duncan Guilty Plea [Partnoy] (Wall Street Journal) ...... 61 Power Play [Partnoy] (Daily Court Review) ...... 63 State Medical Board wants malpractice settlements posted online [D' Angelo Fellmeth] (Sacramento Business Journal) ...... 64 Opening doctors' records gets OK[D' Angelo Fellmeth] (San Francisco Chronicle) ...... 67 USD School of Law: Committed to academic excellence, public service (San Diego Daily Transcript) ...... 70 So. California Law School Index (San Diego Daily Transcript) ...... 72 Mayor's 3 children disagree on the allure of public office (San Diego Union-Tribune) .. 7 4 Developer proposes simulated surfing for Belmont Park [Lochtefeld] (San Diego Daily Transcript) ...... 76 What Is A Prenuptial Agreement? [Kwoka] (San Diego Daily Transcript) ...... 78 Dispute resolution provider JAMS adds Fritz to staff [Mahavier] (San Diego Daily Transcript) ...... 80

School of Nursing Fitness Tips [James] (Dallas Momung News) ...... 81

Other USD - Related News st USD' S 1 American Indian Celebration (Indian Voices) ...... 83 Higher costs seen for higher education (San Diego Union-Tribune) ...... 84 Rally criticizes sex attacks, safety at USD (San Diego Union-Tribune) ...... 88 University Update (Bond Buyer) ...... 89 SignOn SanDiego (San Diego Union-Tribune) ...... 90 Quality Education for Ministry (Southern Cross) ...... 91 University of the Third Age (Southern Cross) ...... 92

Athletics USD throwing its best at Sun Devils (San Diego Union-Tribune) ...... 93 NCAA Baseball Tournament (San Diego Union-Tribune) ...... 94 MAY ~o "J.-. - f ·3 Torero overcomes life's curveball (San Diego Union-Tribune) ...... 95 Local players in the NCAA Tournament...... 96 Toreros giddy about NCAA trip (San Diego Union-Tribune) ...... 97 NCAA Baseball Tournament (San Diego Union-Tribune) ...... 99 Showdown victory puts USD in NCAAs (San Diego Union-Tribune) ...... 100 WCC title goes through Pepperdine (San Diego Union-Tribune) ...... 101 Mirror Image (San Diego Union-Tribune) ...... 102 Toreros win first division crown (San Diego Union-Tribune) ...... 104 Toreros will need help from LMU to salvage season (San Diego Union-Tribune) ...... 105 USD clinches tie; one win from title (San Diego Union-Tribune) ...... 107 USD loses series opener to Portland, still needs two wins to clinch (San Diego Union- Tribune) ...... 108 Two more wins put USD in WCC playoffs (San Diego Union-Tribune) ...... 109 Toreros get hits from bottom end of batting order (San Diego Union-Tribune) ...... 110 More softball (San Diego Union-Tribune) ...... 111 Toreros lure 'Frogs assistant (San Diego Union-Tribune) ...... 112 USD signs two for women's basketball (San Diego Union-Tribune) ...... 113 Aztecs, Toreros advance in tennis (San Diego Union-Tribune) ...... 114 Bulletin Board (San Diego Union-Tribune) ...... 115 Bulletin Board (San Diego Union-Tribune) ...... 116 No joke: Foudy's first goal lifts Spirit (San Diego Union-Tribune) ...... 117 Brit Smith making a name (San Diego Union-Tribune) ...... 119 Play Ball, And Then Some (San Diego Union-Tribune) ...... 120 ( Chinese have been the glue for depleted Freedom team (San Diego Union-Tribune) ... 121 Youth & Family Night (San Diego Union-Tribune) ...... 122

TV/Radio Coverage Students Rally Against Sexual Assault; KNSD, KGTV, KFMB, KSWB, XETV (May 10) Hughes Awards Honor FBI Chief Bill Gore; KFMB (May 11) USD Information Technology Management Institute; KUSI (May 14) Rising Cost of Living in California; KNSD [Gin] (May 16) USD Law Grad is 66; KFMB (May 25) USD Valedictorian is 1st in Family to Graduate College; KNSD (May 26) Cheating with the Internet; Cox Ch. 4 [Hinman] (May 29) I

Hughes Career Achievement Awards

I San Diego Metropolitan May 2002

Distinguished Alumni To Be Honored At USD wo University of San Diego business school alumni, whose fami ly Tbusiness, Xignux, has become one of Mexico's leading industrial conglomerates with exports to more than 40 countries, will be honored at this month's Author E. Hughes Career Achievement Awards. Brothers Andres and David Garza Herrera are the honorees from the School of Business Administration. Bill Gore, special agent in charge of the San Diego division of the FBI and a leader in the fight against terror ism and illegal drugs, is the honoree from the Coll ege of Arts & Sciences. Lynn Schenk, the first congresswoman from San Diego and now Gov. Gray Davis' chief of staff, is the honoree from the School of Law. From the School of Education, Judy Rauner will be honored for her work in organizing thousands of USD students to volunteer as tutors and mentors to local youth. Ruth Grendell, who has led yearly expeditions to provide immunizations in Africa, South Ameiica and China, is the honoree from the Hahn School of Nursing and Health Science. "Our alumni are making a difference in the world," says USO President Alice B. Hayes. "This distinguished group of Hughes honorees represents a proud tradition of excellence and service to the community.': Both Andres and David Garza earned master's degrees at USO, using the lessons in finance and international business to help Xignux grow into a conglomerate with more than 27,000 employees selling auto parts, li ghting, chemicals, food, electrical and other goods. The Hughes Awards, a black-tie gala, take place at 6:30 p.m. May 11 at the Manchester Grand Hyatt. Individual tickets are$ I 00 and tables can also be purchased. For information, call (6 I 9) 260-4819 or go to http://alumni.sandiego.edu/hughesawards. - Sa11 Diego Metropolita11 Staff

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Saved by the belt . . . Laura Buxton, for mer voice of theKUSITV morning show, is recuperating with a broken shoulder blade after her car hy droplaned on a rain-slick 1-15 by Gopher Canyon Road north of Escondido and rolled three times down an embankment. Her dog, Maggie, was with her. LaPorta is one proua mom this While grateful for her seat belt ► DIANE BELL She's a kniCJht weekend. Her grown sons, and her relatively minor injury, CONTINUED FROM PAGE 81 Robert and Richard, are well- · Mary Walshok, associate she was devastated that Mag represented at Robert De Niro vice chancellor of UCSD's Ex gie ran off. KUSI/Channel 51 Friends dubbed and Jane Rosenthal's inaugural tended Studies and Public Pro viewers know Maggie well. The Tribeca Film Festival in NYC. wams, became a knight last Heinz-variety hound with the her 'Sir Mary, Following in the footsteps of week. Swedish Consul General smiling underbite was home- their dad, Robert, a San Diego Andreas Ekman awarded her Lady of Walshok' the rank of knighthood, First s EE Diane Bell, B6 -fihn producer, they collaborat less when Buxton adopted her ed on a full-length independent Class of the Royal Order of the on the air two years ago. Mag feature fihn, "One Man's Ceil Polar Star, established by the gie has been on the show sever ing." Richard wrote, directed king in 1748. The knighting, au al times since. and edited it, while Robert thorized by the present King Word of the lost dog spread starred in it and produced it. Carl XVI Gustaf, rewards Wal among animal rescue groups. The film was among 15 select shok's entrepreneurial efforts Searchers patrolled the area ed from some 600 feature fihn in Sweden, where she started a and FOCAS (Friends of County entries for the Tribeca contest. program modeled after UCSD's Animal Shelters) set baited Plus, Robert created an animat business networking CON- , traps. Someone reported see ed short film, "Long Walk," one NECTprogram.Walshok,now ing a pooch fitting Maggie's de of 36 chosen for the May 8-12 dubbed by friends "Sir Mary, scription running with a pack of competition. Lady ofWalshok," is a visiting dogs. A visitor staying at Law Unfortunately, their parents professor at the Stockhohn rence Welk Village said his son can't attend because Robert Sr. School of Economics. had tried to befriend a stray is involved in USD's career dog that could have been Mag achievement tribute tonight to Quotes of note gie. By Day 12, Buxton had all local FBI chief Bill Gore, Mexi-· Mayor Dick Murphy was so but given up hope - it is coy can business operators Andres elated over Forbes magazine's ote territory, after all-and and David Garza Herrera, USD ranking of San Diego County as FOCAS was preparing to dis educator Judith Rauner, Gov. No. 1 in the nation for business mantle the traps. Gray Davis' staff chief Lynn and careers, that he told a gath-. That's when a Caltrans work Schenk and nursing professor ering ofS.D. Regional Econom er found the missing Maggie, Ruth Grendell .. . Another ic Development Corp. mem who was exhausted but un proud mother is Estha Trouw. bers they'd better get to the harmed, in the bushes near a The XEIV/Channel 6's Fox 6 newsstands early today when market on Old Castle Road. News anchor gave birth Tues the new issue arrives "because • Buxton was ecstatic to get her day to a 7-pound, 12-ounce boy. I'm going to be there buying all pet back - and philosophical Coupled with the station's 32 lean find." about the whole ordeal: "Oh, regional Emmy award nomina- . God, now I'm going to have to tions announced Wednesday, do something meaningful with her husband, station news di Diane Bell's column appears the rest of my life." rector Alberto E. Pando, told Tuesdays, Thursdays.Saturdays. [ ) Ode to moms U-T arts writer Preston Ture fax items to (619) 293-2443, call 3 __ gano, "I feel like a proud papa (619) 293-1518 or e-mail to USD administrator Esther twice over." [email protected]. La Prensa San Diego May 3, 2002

·Distinguished Alumni to be Honored at USD Leaders in Business, Education.' Government, Law & H ea I t h care to Receive Awards

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Andres Garza Herrera

T;wo University Both Andres and David <;>f San Diego helps to know the culture to get busmess sehool alumni, Garza used the lessons in fi whose ventures going," says and res family business, Xignux, nance and international business has be Garza, who puts together deals ~ome o~e to help Xignux grow into a of Mexico's leading with the Japanese for the fim1 's mdustnal conglomerate with more than conglomerates with auto parts division. exports to more 27,00~ employees selling auto than 40 coun Xignux' partners include tries, will be honored parts. hghtmg, chemicals, food, at the corporate giants like General Author E. Hughes Career electrical and other goods. Electric and Sara Lee. The Achievement Awards May 11. Andres Garza, who has an company hasn't done a lot of The awards, named for undergraduate degree in me busines,s ~ith San Diego firms, USD's former president chanical engineering, says he honor but thats hkely to change. given alumni who have achiev~d chose USO because of the out the region ·s focus in telecom $tanding success in their small classes where he would fields. munications and automakers· Brothers Andres and David have lots of interaction with interest in integrating high-tech Garza Herrera are the honorees professors and students. He communications into the cars of from the School of Business says a class in international ne the future. Andres Garza says. Administration. Andres Garza gotiations, with students from "Th~ environment is so dy earned his M.B.A. from USO France, Greece and other namic, some type of deal is in 1994 and David Garza re countries, taught him a lot about bond to pop up." ceived a master's in interna how people think about busi . Andres Garza says he tional business in I 997. Their ness "based on our (respective) and his brother have many good brother Eugenio Garza is CEO cultures." and president of the board of The class has been critical to the firm, which was founded by the firm's success. "It really their father in 1956. 4 David Garza Herrera

memories of USO and are the School of Education, Judy proud to receive the award. Rauner wi 11 be honored for her "We feel we are representing work in organizing thousands of our university and our country, USO students to volunteer as and we feel a need to succeed tutors and mentors to local not only for ourselves, but also youth. Ruth Grendell, who has for USO." led yearly expeditions to pro "Our alumni are making a vide immunizations in Africa, difference in the world," says South America and china, is the USO President Alice B. Hayes. honoree from the Hahn School "These distinguished honorees ofNursing and I lealth Science. represent a proud tradition of excellence and service to the The black-tie I lughes Awards community." gala takes place Saturday May The Hughes honoree from the 11 at the Manchester Grand College of Arts and Sciences is Hyatt at 6:30 p.m. Individual Bill Gore, special agent in tickets are $100 and tables can charge ofthe San Diego division also be purchased. For more of the FBI and a leader in the information cal I 619-260-4819 fight against terrorism and ille or go to hllp:/lalumni.san gal drugs. Lynn Schenk, the first diego. edu/hughesawards. Congresswoman from San Di ego and now Gov. Gray Davis' chief of staff, is the honoree from the School of Law. From

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9 9 \0 \0 San Diego Jewish Press Her itage May 10, 2002

Around the Town

• Co-author and dermatologist Mitchel Goldman recently was given a surprise 47th birthday party by his wife Dianne York Goldman. Among the 250 guests who partied with the couple at the Hyatt Regency-Aventine in La Jolla was singer Rita Coolidge, who belted out tunes to the crowd. Guests contributed to a local San Diego charity Saint Germaine Auxiliary, which helps prevent child abuse. "We feel with everything that's going on, with the murder of Danielle van Dam and the abduction of the 2-year-old boy Jahi Turner, child abuse is ongoing," she said in a post-event interview. "Often it's not reported and local agencies need our help," said Dianne Goldman. The couple have cowritten three books titled You Glow Girl to help improve teenagers' ( self-esteem.

• Artist Hilda Pierce painted the portrait of UC San Diego's founding librarian, Melvin J. Voigt, which was unveiled during ceremonies on April 28 at La Valencia Hotel. The portrait will hang permanently in the lobby of UC San Diego's Geisel Library. The artist has created works of art for the ships of Carnival Cruise Lines, including 1,304 original works that hang in the public rooms, cabins and suites of the cruise ship Fantasy. ['--- ) • Lynn Schenk will be honored __ with the Author E. Hughes Career Achievement Award from USD's School of Law on Saturday night. Schenk, a 1970 law school graduate, is chief of staff to California Gov. Gray Davis and is a former member of Congress. The black-tie gala begins at 6:30 p.m. at the Manchester Grand Hyatt. Tickets for the Hughes Awards can be purchased by calling (619) 260-4819.

7 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 APR 26 2002

Illlllll 1111111111111111111111111111111111111111111111111111 Burre11es l#tr0•111t•J'IO# SttlllllCtts 580 QN ,IZ1U 25 .•.. . x .--1

By Peggy Seo~ _ . . _'Wini$ OVer Glllesple' 'alr show salutes ILS. air.power -_Off they go, into the wild blµe yonder - and' you car1 enjoy the spectacle at'"Salute to· American Airpo'!Ver," the eighth · annual Wings Over Gillespie World War II Static Airsliow, May 3-5 at Gillespie Field inH Cajon. ' Prese~ted by CAF-AiR Grnup One, the aircraft extrava ganza will include flIIlazing exhibitions such as an Fi6 fly-by on Saturday; as well as the chance to .get up close, to legendary · plan~s and ~ven take rides aboard. vintage airplanes. This is an ' event that has,something for every member of the family. And · .to really get into the spirit of th~ period, don't miss the big band dance, 7 to 11 p.m. May 3 at Gillespie Fiel"1. · · , Gates are open frqm 8 a.m. to 5 p.m. Admission to the air show.is $10; ·children under 10 and, appropriately, uniformed. · military ~ill be adrµitted free.. · , For information, call (888) 215-7000 or (619) 448-4505. - . . ' ('--- ) J§J[Huglies Awards honors ·distinguished a~u~nl __ Six exemplary figures in law, government,.education, .health care and business will be bono~d May l 1-at Jthe UQiversity of San Diego's Author E. Hughes Career Achievement Awards. The prestigious awards, named for the school's former president, honor USD·alu~i \\'.ho have ·achieved "outstanding ~uccess in theirfielgs." Bill Go.,-e, ·special agent in charge of,the San Diego division of the 'FBI and a leader in the fight against terrorism and illegal drugs, is the honoree from USD's College of Arts and Sciences. Lynn·Schenk, the first congresswoman from San Diego and - now Gov. Gray Davis' chief of staff, is the honoree from the , - Sc~ool of Law. Ruth Grendell, who has le_d yearly expeditions to ·provide immunizations in Africa, South America and China, is the honoree from the Hahn School of Nursing and Health Science. Judy.Rauner, from the School of Education, will be honored for bet work in' organizing thousands of USD students to volunteer as tutors.ahd mentors in'the community. The honorees from the School of Business are brothers Andres and David Ga~ Hererra, whose family -business, Xigmix, has . grown into one of Mexico's leading industrial conglomerates. · The black-tie_Hughes _Awards·gala begins at 6:30 p.m. at the - Manchester Grand Hyatt. Ihdividual tickets we $i00; tables also can ·be purchased. · _ For more information, call (6i9)-260-A819 or visit online,at http://alumni.sandiego.edu/hughesawards.

8 La Prensa San Diego May 3,2002 (60% reduction)

The USD ,A/,.,,.,.; Auod•tio n Preu,.,s

THE AUTHOR E. HUG H ES CAREER ACHIEVEMENT AWARDS WILLIAM D. GORE '69 6 , 30 P.M . , SATURDAY, MAY 11 Colle:e of Arts and Sciences MANCHESTER GRAND HYATT, SAN DIEGO William Gore is the 1pccial agent in charge of the Federal Bureau of Investigation's fidd office fo r For Information , C111/ (619) 260- 48 I 9 San Diego and Imperial counties. After the rcrrorist attacks of September 11th, Gore led the nections to Sa n Diego and to identify potential htrp:llalum 11 i.u ndiero, ed11 /hurhua wards effort rn unearth inform.uion about cerroriu con security rhreau in the region. The Author E. Hughes Career Achicvcmcnr Awards honor University of San Diego alumni who have attained o uuu.nding success or achievement in their career fields. The awards arc named in honor of ANDRES GARZA HERRERA '94 AND Dr. Author E. Hughes, who served u president of the university from 1971 to 1995. DAVID GARZA HERRERA '97 S chool of BusinnJ Administration Andres Gana Herrera and David Gun Herrera own Xignux, a Mexican company with more than :t. 24,000 employees in 40 counrries. The comp:rny produces auto parrs, lighdng, chemicals, food , IS) University of &n Dietsa cable, foundry and electrical goods. DR. JUDITH RAUNER '95 Sc hool of Edu. cation During her 16 years as US D's direcrnr of communiry service-learning, Judirh Rauner helpc.d thousands of uudent vol unteers make San Diego a beuer place ro live rhrough their involvement wirh a variety of organizations, including rhe Linda Vista Teen Center and Head Start.

PRESENTING SPONSOR Donald and Darlene Shiley THE HONORABLE LYNN SCHENK '70 School of law A former member of rhe House of Rep rese ntadves and currently chief of uaff MEDALLION SPONSOR and senio r p o licy adviso r to Governor G r:ay Davis. Lynn Schenk bu wo rked rhroughout her polirical ca reer to ad vance women's righu, tr:ansporurio n improvemenu and environmental issu (

OF SCHOLARS The Tsaltopoulos Family CIRCLE DR. RUTH GRENDELL ' 81, '9 1 Hahn S chool af Nursing and Health S r ie n ct A nu rsi ng pro fe ssor, Ruth Grenddl has led more than 23 missi onary trips ro provide medical car and suppl ies rn people in Sourh Afric:a . Cosra Rica, rhe Ph il ippi nes, tndia, Romania, Swaziland , Uga nda, Peru, C h ina and Tibet.

9 Commencement

l San Diego Union-Tribune Sunday, May 26, 2002

At 66, he's embarking on a new career as a lawyer concern when Rodriguez decid Jolla and became chairman of Graduate among ed to close the law building the English department before 420 receiving law from midnight to 6 a.m. turning to law. ''While this suggests that you Many of his former students degrees from USD might be the most nerdy class began law school at USD be in the history of USD, it also fore he did. In the hallways, By Sherry Parmet suggests that you are the nicest they continued to refer to him STAFF WRITER as well," he said. respectfully as Dr. Branch. Valedictorian Katherine He always taught his stu Watson Branch had a career Parker reminisced about tough dents to focus on knowledge as a newspaper reporter, legis classes and exams, and the lack rather than grades, so not once lative aide, author and English of parking. at USD did he peek at his own literature professor before "Good luck on that little quiz report cards. many of his fellow law school at the end of July," she said, "Of course, for most of the graduates were born. referring to the state bar exam. students here if they don't get Many of his peers were for Many students expressed really good grades they don't mer students. excitement about their upcom get good jobs," he said. "For Branch, 66, received his law ing careers. Branch plans to do me doing pro bono work it degree yesterday from the Uni pro bono work, possibly for the doesn't really matter. People versity of San Diego alongside San Diego office of the Ameri will always hire you to work for younger classmates and pre can Civil Liberties Union, free." pa:·ed to embark on a new ca where he interned. During his first year, he reer. Branch first worked as a re played on the law school's intra "It's been fun here," said porter for the Truth, a daily mural basketball team. Branch. · 'They haven't made newspaper in Elkhart, Ind. At the graduation ceremony me feel like some old codger, Then he became chief of staff his wife presented him his di and I'm sorry it's going to be all to former U.S. Rep. John Brade ploma. Eren Branch is an Eng over." mas, D-Ind. lish professor at USD. He taught English at the Uni The Roman Catholic univer USD sent 420 law school sity will conclude its graduation graduates into clerkships, pri versity of California Santa Bar bara and worked as a Fulbright ceremonies today, awarding vate practice _and full-time job 1,556 diplomas to students in searches yesterday. Parents professor at Upsala University in Sweden. the College of Arts and and friends filled the Jenny Sciences, School of Business Craig Pavilion to recognize the He authored "Melville: The Administration, School of Edu Critical Heritage" before mov class of 2002. cation, Hahn School of Nursing ing to San Diego in 1985, where Dean -Daniel Rodriguez and Health Science and Diver he spent two years as a stay-at sified Liberal Arts. thanked the students for a rela home father. tively scandal-free three years. The closest thing to a protest For 12 years, Branch worked Sherry Parmet: (760) 476-8238; was the outpouring' of student at The Bishop's School in La [email protected]

10 NEVER TOO Mm

Watson Branch, 66, fas hugged by his wife, Eren Branch, after she awarded him his diploma from the School of Law at the University of San Diego yesterday. K.C. Alfred/ Union-Tribune STORYONB2

Watson Branch, who graduated from the School of Law at the University of San Diego yesterday, plans to do pro bono work, possibly for the San Diego office of the American Clvll Liberties Union, where he Interned. K.C. Alfred/ Union-Tribune

11 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA ,;5 SUNDAY 444,649 ~ MAY 19 2002

New grads take their knocks with other job seekers in tough economy

By Michael Kinsman STAFF WRITER \ V he future looked much brighter to Mesa Col lege student Steve Smith last fall. He had an internship working on a made ~or-1V movie that was about to complete fihn mg, he had straight A's in his multimedia classes and he counted on landing a good job as soon as he finished his degree. Yet, like others graduating from college ( this y~ar, Smith is learning about the unpredictability ?f ~e !ob market. He has not received a single nibble m his Job search, nor is he optimistic he will soon. . "I:,m n?w ~g I might leave the area to get a Job, Srruth said. The people I know here with multimedia degrees are work- 1 Hot sectors :;~~~ht security According to college The economic turbu career services directors lence that is driving unem and the California ployment up and putting all Employment Develop· job seekers on edge is no ment Department, the different for college gradu UCSD ·saw the number following industries have ates this spring than it is fo of college ~ecruiter~ visiting campus drop by nearly high demand for skilled older workers with lots of one-half this year, with fewer jobs to offer the univer workers in San Diego experience. On

12 is at an eight-year high, and the market ► OUTLOOK most employers seem to want "When CONTINUED f"ROM PAGE H1 ~ more of a guarantee that the declines, new Employers are economy is recovering before they add to their payrolls. The collecJe 1raduates being very picky high-tech slump has spread to other industries and, while San usually have about applicants Diego's technology sector has shown some signs of weaken better luck fincllnQ ing, regions such as Silicon Val tion between the frustrations of ley are reeling. Unemployment Jobs first. Some experienced job seekers and there has jumped from 2. 7 per college graduates. cent in April 2001 to 7.4 percent employers will lay "What young college gradu in April of this year. ates are facing is exactly the "We're fortunate in San Die off mid·level same as the experienced work go that we have a more diversi er is facing," he said. "We're fied economy," said Cheryl Ma employees so they hearing from headhunters that son, a labor market analyst for they have never seen employ the state Employment Develop can hire fresh, ers being as picky as they are ment Department "We still today. They want every exact have some industries that are younCJ talent that requirement, degree or certifi. doing fairly well: health care, cation to be there before they biotech, communications - is more hire someone. n particularly businesses in Compounding the problem volved in homeland security cost-effective." ( for college graduates, he said, and defense-and the soft is a recent trend by experi ware and information technolo Judy Gumbiner, career ser enced workers to take jobs that gy industries." vices director, San Diego pay less or carry less presti At. least one college official State University gious job titles. thinks recent graduates may 'There is downward pres hold an advantage in the jol> sure that is filling job slots," De search realm. 3.8 percent in April is fourth Witt said. "When it reaches the "When the market declines, lowest in the state and is well bottom, it means experienced new college graduates usually below the national jobless rate workers are taking•jobs that have better luck finding jobs of 6 percent and the California might otherwise go to college ·first," said Judy Gumbiner, ca jobless rate of 6.4 percent graduates." reer services director at San "San Diego doesn't have a lot Diego State University. "Some of large employers, so students Demand Is down employers will lay off mid-level are learning to use the Internet A survey released last week employees so they can hire and networking to find jobs in by Manpower Inc., the nation's fresh, young talent that is more smaller companies," she said. largest staffing company, found cost-effective. n 'The are finding that jobs that 26 percent of employers in Unda Scales, career services don't ust fall into their laps." San Diego County plan to add director at the University of San jobs between July and Septem Diego, says that while on-cam Fie blllty pays ber this year, down from 48 per pus recruiting has declined, U student Tricia Wynn is < J cent a year ago. jobs are still available. The those who adjusted her Unemployment nationwide county's unemployment rate of plans based on the cli------!

13 mate of the job market The 22- they may never have dreamed "I kept up with people who year-old business administra of applying for - jobs that are worked there and eventually tion major, who graduates later entirely unrelated to their ca got a job that s~Aug. l." this month, wanted to go into reer aspirations. Smith, the 33-year-old multi marketing, one of her fields of "What college seniors must media student at Mesa College, study. realize is that the first job is in is particularly frustrated by his "I found out that marketing consequential to long-term ca job prospects because he gave jobs are very, very hard to get, reer goals. The primary objec up a career as a machinist to and those entry-level jobs don't tive, at this point, is to get any move into film editing. .pay that much," Wynn said. "I job that will provide experience "Every e •er wants expe- decided that I would have a bet on which to begin building a rience them want ter chance in procurement." solid resume." to see ·rship, such as Wynn researched the pro tim .::t manager," he curement industry last year and Setting goals am I supposed t~ targeted Raytheon as the com For some, the troubled econ I can't even get an en- pany she wanted to work for. omy hasn't been much of a 1job?" Eight months ago, she shipped stumbling block. st fall, Smith figured he resumes off to two people at the Rudy Moujaes, who will as well on his way to a career company, but when she got no graduate this spring from USD, in film editing. He did an intern response, she found a job fair knew early on that he'd have°fir ship in the production of a 1V Raytheon was to attend. She work to land the job he wanted. movie that was aborted only carefully prepared herself and "I had heard all these stories weeks from the completion of landed an interview - and that three or four years ago you filming after the Sept. 11 terror eventually a job -with Raythe would just fall into a job, but I ist attacks. on in the Los Angeles area. never really believed that "We had a distributor and ev ( "A lot of people are having would happen," he said. erything, but the distributor trouble because they haven't Moujaes landed internships backed out after 9/11," he said. been realistic," Wynn said. while in college with Warner "Unfortunately, the villains in "Students need to realize that Brothers, MP3.com and Mor our movie were terrorists. The they've got to get their foot into gan Stanley as he prepared for project was suspended." their career right now, whether his future. Scales, USD's career ser it is their perfect job or not" "I could have done a waiter vices director, said the poor job John Challenger, chief exec job and made more money, but market might hold valuable les utive of the Chicago-based out at this point in tin1e I wanted to sons for recent graduates. placement firm Challenger, figure out where I wanted my "It's sort of their first dose of Gray & Christmas, agrees that career to go," he said. "I think it reality about the job market," the slumping market means was the best decision I ever she said. "Many of them have college graduates need to re made." just been concentrating on get vise their career strategies. The business administration ting educations for four years, Even though they may want major set a goal of working for but now they are finding out to hold out for a job in their cho Warner Brothers in Burbank, that the job market is very com sen career field, they may be primarily because he enjoyed petitive and that they'll have to making a mistake if they wait the entertainment industry and figure out a way to get what too long, he said. the perks of the movie busi they want. That's not necessari "Graduates will simply have ness. ly a bad lesson." to work harder to find jobs," "I wanted to go back to Challenger said. "They will like Warner Brothers after I com Michael Kinsman: (619) 293-1370; ly have to consider jobs that pleted my internship," he said. [email protected]

14 Southern Cr oss Thursday, May 23,2002 (

Father Hesburgh to Address USD Graduates Father Theodore M. Hesburgh, president emeritus of the Univer sity of Notre Dame, will deliver the principal address and receive an honorary degree - his 150th - from the University of San Diego during its commencement May 26. Father Hesburgh, who will turn 85 the day before the ceremony, holds the highest num ber of honorary degrees ever bestowed on one person, according to the Guinness Book of World Records. Father Hesburgh served as Notre Dame's president from 1953-87, directing the University's rise to national prominence.

15 San Diego Union- Tribune Saturday, May 25, 2002

DianeBell ► DIANE BELL ed from high school on his 16th CONTINUED FROM PAGE B1 birthday. County's still Troops delighted with Girl Scout bedeviled by cookie-lift communications alumni on stage in a musical salute Thursday to their former music teacher, Keith Heldman, Our county govern who is retiring. Goldsmith sang ment's communications a medley from "Guys and system has been dogged Dolls" with fellow 1997 cast by problems even members ... It was San Diego though a consortium of Opera's :final performance of high-tech firms was 'The F1ying Dutchman" when, awarded a seven-year, shortly into the second act, $644 million contract in lights in the orchestra pit went 1999 to create a state-of-the-art system. out, bringing the music to a Earlier this year the county withheld a halt Smoke drifted up from the $44 million payment and accused the pit, and musicians began evacu firms of defaulting on the contract But as ating. The show was recessed, talks to resolve issues continue, so do the electrical glitch was re communications snafus. The county's en· paired and about 15 minutes tire Web site, which publishes the Board later the second act began of Supervisors' meeting agenda, was again. But it left some cast down in the days before this week's meet members wondering if maybe ing. One issue on the closed-session the Dutchman's ghost really agenda: the contract status report was on the prowl that night! Screen and stage Sheeee's back! Kelly Goldsmith, who [Hploma time ( ) became an instant celebrity on TV's "Sur At USD, a 62-year-old univer- vivor 3," joined her La Jolla Country Day sity employee is getting a de- '------gree tomorrow that was 23 years in the making. Kay Nor- SEE Diane Bell, B4 ton has been sandwiching in classes on and off since 1979. One of her most recent was "History of the '60s." 'The professor and I," says Norton, "were the only ones who'd actu- , ally lived through it." . . . Last /I weekend, SDSU graduated its I largest class ever. In fact, it was the largest class in the history of the Cal State University sys tem - 9,165 students. The old est grad was George Berg, 70, a retired nuclear and aerospace researcher, who got a master's degree in rehabilitation coun seling. The youngest was Jere miah Shultz, 19, earning a B.A in accounting. He had graduat- 16 ~'t, po.Nl,i v Ot.ct-1 ook... (V\JM..{ \, I 200 &tc••,o•·s D•c•••s " RANK INS1Tl'll11ON NAME 51 NORTIIERN ARIZONA UNIVERSITY 52 UNIVERSITY OF CALIR)RNIA-sm DIEGO 53 54 CUNY-CITY COil.EGE st MARY'S UNIVERSITY 55 1exas ' ~ 56 UNIVERSITY OF CALlFORNIA-SANTA CRUZ Calli>mla ,. 'il OUR I.ADY OF TI-IE I.AKE UNIVERSITY-&\N ANTONIO 1exas 58 UNIVERSITY OF HOUSTON-DOWNTOWN University of Tuxas I 59 UNIVERSITY OF TI-IE INCARNATh"\VORD 1exas Pboen'lx was 60 st JOHN'S UNIVERSITY-NEWYORK New'lbdt 61 CALIFORNIA SfATE UNIVERSITY-S'I'ANISWJS Calii>mla ranked No. 68 In , 62 CUNY-QUEENS COil.EGE New\brlc 2001 list and Is : 63 TI-IE UNIVERSITY OF TEXAS AT ARLINGI'ON 1exas now 64 CALIR)RNIA SfATE UNIVERSITY-HAYWARD CaliiJrnla No. 41. Tins Is 65 DEOOL UNIVERSITY Illinois - a 6.9.7% Increase In 66 UNIVERSITY OF NOITTH TEXAS 1exas ~ graduating 67 NEWYORK UNIVERSITY New'lbdt 68 UNIVERSITY OF MARYIAND-COILEGE B\RK Maryland Hispanics. 69 UNIVERSITY OF D.llNOIS AT URBANA-CHAMOOGN Illinois.

70 NATIONAL UNIVERSITY Calii>mia ~ 71 MONTCIAIR SfATE UNIVERSITY New.Jersey l; University of I,,, n CALIFORNIA SfATE UNIVERSITY-BAKERSFIELD Calibnia - Northern Arizona 73 METROPOLITAN SfATE COil.EGE OF DENVER Colorado ' 2,l ' , 74 KEAN UNIVERSITY New jersey ,· - , moved from No. 66 l 75 BOSI'ON UNIVERSITY ~usetts In 2001 list tolNo~ 76 LOYOI.A MARYMOUNI' UNIVERSITY Calii>mla. 77 B\RK UNIVERSITY Mmirl 78 NOVA SOUTIIF.ASl'ERN UNIVERSITY Horida 79 UNIVERSITY OF MJQilGAN-ANN . I ARBOR Michigan . 80 NORTIIBASfERN D.llNOIS UNIVERSITY Illinoi, .., 81 UNIVERSITY OF WASHINGI'ON-SF.ATIIB CAMPUS Wd.wngfoo .. 82 UNIVERSITY OF COLORADO AT BOUIDER Colorado 4,734 83 NEW JERSEY CITY UNIVERSITY New.Jersey ' ' 1 901 • 84 UNIVERSITY OF PHOENIX-AlBUQUERQUE NM CAMPUS NewMexioo f) ... 441 ( .. 85 CALIFORNIA SfATE UNIVERSITY-QilCO Calibmia 2,401._~I 86 PENNSYIYANIASfATE UNIVERSITY-MAIN CAMPUS ~a ~ . 87 SUL ROSS SfATE UNIVERSITY 1exas 365 '. 88 UNIVERSITY OF NEVADA-I.AS VEGAS Nevada 2,9)1 89 GEORGE MASON UNIVERSITY V-uginia 2,7',1. 90 UNIVERSITY OF MASSACHUSE'ITS-AMHERSf ~usetts- 4,(Y38 91 UNIVERSITY OF sm DIEGO Calii>mia 1JJ79 ' ,, , 92 SfANFORD UNIVERSITY Calii>mia i,m TT3" 93 BAYLOR UNIVERSITY \ l Tuxas 2,315 m 94 WAYI.AND BAPT!Sf UNIVERSITY 'lexas l,545 m 95 RlITGERS UNIVERSITY-NEWARK New.Jersey 995 168 96 NEW MEXICO HIGHI.ANDS UNIVERSITY NewMexiro 'l}f, 168 te 97 COLORADO SfATE UNIVERSITY -~ Colorado 3,62i 167 81, nive~ 98 SAM HOUSI'ON SfATE UNIVERSITY 'lexas 21)58 1.65 99 FDRDHAM UNIVERSITY New York 1,172 - '164 No. ·'.90 to 100 NORTIIERN IILINOIS UNIVERSITY Illinois - 3, UJith~ ._ II. • a. a '- " I .. , .. "' . • I ( .. \ , \ \ I. ' \ 17 RANKINsrnuflONNAME 51 UNIVERSITY OF MICHIGAN-ANN ARBOR 2, Top 52 CALIFORNIA SfATE UNIVERSITY-FUUER'IDN 53 NEW MEXICO lllGHIANDS UNIVERSITY NewMexlro W) 54 SAN FRANCISCO SfATE UNIVERSITY Cal.ii>mla 1,187 55 CALIFORNIA SfATE UNIVERSITY-~ Calibmia 910 56 UNIVERSITY OF lillNOIS AT CHICAGO Illinois 1,587 100 57 sr JOHN'S UNIVERSITY-NEWYORK NewYoik 863 58 TF.ACHERS COLIBGE AT COUJMBIA UNIVERSITY NewYodt MOl Tl 59 UNIVERSITY OF ARIWNA Arimna 1,254 76 60 CUNY-QUEFNS COilEGE NewYork 1,040 76 SB 61 MERCY COUEGE-BRONX BRANQI CAMPUS NewYorlt 251 73 SB 62 Dffi\lJL UNIVERSITY Illinois 1,964 71 28 43 63 JOHNS HOPKINS UNIVERSITY Matylaoo 2,T74 71 34 r, 64 GEORGE MASON UNIVERSITY Vuginia 1,915 71 26 ~ . . !5 ' 65 UNIVERSITY OF CENTRAL FIDRID4. Aorida 1,1.80 69 '3 I 36 66 SAINTTIIOMA5 UNIVERSITY Aorida llJl 69 25 . 44 67 GEORGE WASHINGfON UNIVERSITY DC 2.m 68 30 38 68 FIDRIDA SfATE UNIVERSITY Florida 1,400 o/ 23 • 44 69 UNIVERSITY OF SAN DIEGO Calii>mia 9)2 65 22 43 70 BOSI'ON UNIVERSITY Massachl.l.1eUs 3,063 s ~ 41 71 NATIONAL-LOUIS UNIVERSITY Illinois ~ 64 : 13 SI • n GOLDEN GATE UNIVERSITY-SAN FRANCISCO Cal.ii>mia 1,303 63 : 32 31 73 LOYOIA MARYMOUNT UNIVERSITY Calii>mia 389 63 . 22 41 ( 74 UNIVERSITY OF TIIE INCARNATE WORD 'lexas 218 63 18 . ·45 TEXA5 A&M 75 UNIVERSITY 'lexas 1,388 63 34 . I 29 76 UNIVERSITY OF COLORADO AT DENVER eo1oraoo 1,517 I 61 26 .35 n RlITGERS UNIVERSITY-NEW BRUNSWICK New]ersey 1,403 60 '1 ... 78 sr MARY'S UNIVERSITY 1exas 19'2 60 ~ 36 79 CHAPMAN UNIVERSITY-ACADF.MIC CENTERS Calii>mia 8'll jJ •M 4S 80 UNIVERSITY OF PENNSYIYANIA l\!nnsylvania 2,252 58 32 ·26 81 ADfl.PHI UNIVERSITY NewYodt 1,050 56 J2 44 82 UNIVERSITI OF CHICAGO Illinois 2,12.6 .55 26 • I '29 83 DUKE UNIVERSITY North Carolina 1,088 55 ~ 15 84 CENTRAL MICHIGAN UNIVERSITY Michigan 2,542 54 36 ' J8 85 UNIVERSITY OF sr THOMA'> 1exas 284 54 22 32 " 86 UNIVERSITY OF WASHINGfON-SEA'ITLE CAMPUS Wdshington 2,021 54 26 28 . 87 UNIVERSITY OF lillNOIS AT URBANA-CHAMOOGN Illinois 2,1.81 53 35 18 88 UNIVERSITY • • I OF WISCONSIN-MADISON WISOOnsin 1,744 S2 19 33 89 I.£SLEY UNIVERSITY Massachusetts 2,304 51 5• 46 90 HERITAGE COUEGE Wdshington 3(J! 51 :a> 31 91 AMERICAN UNIVERSITY DC 1,310 4') 18 31 t ~ 92 CUNY-BROOKIYN COilEGE NewYorlt 741 4') 6 43 I I 93 LOMA LINDA UNIVERSITY Calii>mia 439 48 15 . 33 i"-,,J 94 TEXA5 TECH UNIVERSITY 1exas 835 48 22 26 95 CALIFORNIA SfATE UNIVERSITY-HAYWARD Calii>mia 901 47 18 29 96 CIAREMONT GRADUATE UNIVERSITY Calii>mia 406 47 13 34 97 UNIVERSITY OF REDIANDS Calii>mia 378 If! 29 18 BIBRY RIDDLE •, • -• ~ev,.Jord 98 AERONAlITICAL UNIVERSITY Florida 1,003 47 41 6 . of Toe \nc.a 99 UNIVERSITY OF NORTII TEXA5 1exas 1,11.8 lfT 16 31 Unriersit'/ . , 100 UNIVERSITY OF DENVER Colorado 1,291 46 18 28 ------

I t: - J'T[. OO K •{ RANK INsrrnmON NAME 51 MA.5SACHUSE'ITS INSITIUI'E OF TECHNOIOGY ' 52 MIOOGAN STATE UNIVERSITY 53 COWMBIA UNIVERSITY IN IBE CITY OF NP.WIDRK 54 UNIVERSITY OF ffiNNSYIYANIA 55 UNIVERSITY OF CALIR)RNJA.SANIA CRUl S6 'i7 UNIVERSITY OF GFDRGIA 58 INDIANA UNIVERSITY-lll.OOMINGTON 59 UNIVERSITY OF IOWA Ion - 60 SUNYATSI'ONYBROOK Newbt ,. 61 TEACHERS coll.EGE Kf COUJMBIA UNIVERSITY Newbt 62 UNIVERSITY OF SAN ffiANCISCO c:alibnla 63 COWRADO STATE UNIVERSITY Color.loo 64 YALE UNIVERSITY 65 YESHIVA UNIVERSITY 66 TEMPLE UNIVERSITY 67 RICE UNIVERSITY 'has . 68 TEXASA&M UNIVERSITY-KING~ 'ha, 69 NORIBERN ARIWNA UNIVERSITY Ari2Jllla 70 IBE FIELDING INSITIUI'E Calibnia " 7I UNIVERSITY OF I.A VERNE ~ 72 SAN DIEGO STATE UNIVERSITY Calibnta 73 IBE WRIGHT INSITIUI'E Calibnia 74 R>RDHAM UNIVERSITY New'bi: ( 75 SUNY AT BINGHAMroN New'.bk ' 76 THE UNION INSTITlTl'E Ohio 77 UNIVERSITY OF OREGON - Orepi 78 TI-IE UNIVERSl'IYOF'IEXA5 ~MID CllHWlA5 'has

I l 79 THE UNIVERSITY OF TEXAS Kf EL ll"50 '!em 80 TEXAS TECH UNIVERSITY .. bas 'be517 81 THE UNIVERSITY OF TEXAS HEAl1H SCIENCE CFNi't:R 'D!xas " ... ' ' .. 82 UNIVERSITY OF llfAH $.. rk 45 bachef!!_,~ aad , "- \ . - 98 SUNY AT BUFB\ID New bk ~ 99 SYRACUSE UNIVERSITY New 'tbdt 147 1.,416 a master's. 100 UNIVERSITY OF OKWIOMA NORMAN CAMPUS Oklahoma ',o/

1 l 19 ,. San Diego Union- Tribune, May 24, 2002 ~~l~rn~IH m~~~ mm~

( □ t USD, we are infinitely proud of our 11 graduates, knowing they leave our campus fully prepared to excel in their professional and personal endeavors. Our students must meet a rigorous academic challenge. They also are encouraged to enrich their lives with lessons of ethics, values and community service. USD graduates are ready to make a difference in all they do. We wish each of them a bright, successful and fulfilling future.

USO is an independent Roman Catholic university, which welcomes a faculty, staff and student body of cultural and religious diversity.

(

20 College of Arts and Sciences ( Ce Sera la Derniere, Petit Pere (This Will Be the Last Time, Father!) by George Rouault at USD's Fine Art Galleries

(

21 SAN DIEGO READER SAN DIEGO, CA WEEKLY 158,000 MAY 9 2002

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CLASSICAL MUSIC No Strings Attached Even ardent fans of the Baroque know little about this particular aspect of music history. ~ uSD's invaluable Festival of Early Music instruments, but utterly without originality or _/ continued with a truly unusual program imagination. Most of tl1e works performed in the (L------featuring a German wind group called Les Founders Chapel concert were anonymous, taken Hoboi'stes de Prusse. The concert was largely of from the private music library of Friedrich Otto historical interest and might have been a rather von Wittenhorst-Sonsfeld {an 18th-century Prus arid affair. But the historical con sian general) at Scluoss Herdringen. text of the music was explained in The undistinguished authors of such lively detail in the excellent these Overtures, Concertos, and program booklet (in essays by the Symphonias were either minor Festival's organizer, Marianne French composers of the period Pfau, and by the visiting musicians) that theed or German imitators ofthe French style. Rarely ucational value alone would have been enough to well, never - did any movement call attention satisfy the numerous early-music aficionados in to itself with an especially fetching tune, an in attendance. To this was added the brilliance of the teresting treatment of the banal musical materials, musicians, whose first-rate performances on pe or even a noticeably inventive use of the instru riod instruments were impressive. (The most ments. Furthermore, since the members of the prominent among them - the group's leader, such 18th-century bands were obviously fairly Georg Corall - is as fluent and expressive an ex limited in their abilities, and since the music was ponent of the Baroque oboe as I have heard.) clearly meant to be played in the background The subject of the instructive musical expe (where no listener would pay close attention to rience was the German wind band of the 18th it), there were no instances of the breathtaking in Century. Even ardent fans of the Baroque know strumental virtuosity that characterizes Baroque little about this particular aspect of music his music at loftier levels. (In the two trumpet con tory; I myself had never heard any of the individual certos on the program, for example, the pieces before, or anything from the (apparently instrumentalist did a sturdy job with this ex quite extensive) repertoire. The story seems to tremely difficult instrwnent, but tl1ere was nothing begin in the 17tJ:t Century with French military in the music to tax the performer's powers the way bands consisting of three or four oboes and a bas the trumpet composit~ons ofVivaldi, Torrelli, or soon or two. Such a band would play for parades, J.S. Bach do. ) processions, and public ceremonies, at first purely On the other hand, this music was itself the military but then civic as well. The tradition mi background to the more lasting creative achieve grated to Germany; tl1c band was expanded by the ments of Baroque mu ic, speaking (in its drab_ u e of horns and occasionally a trumpet; and it accents) the common language that the great functions expanded as-well, to indude enter composers of the period raised to such heights of tainment as well as ceremonial o..:ca,ions. By the doqucnce; and the cacophony of tl1e early oboes mid-18th Century, clarinets wac sometime and bassoons and the naturnl horns and trum added- and eventually, in Germ, 11) and espc pet gave the listrncr a v1V1d sense of what wind dally in Austria, the wind band developed into music really sounded like 300 years ago. All these the refined Hamwnieoftwo oboe , two clarinet , instruments inevitably played off pitch in certain two bassoons, and two horns, whi..:h :-.lozart made parts of their range and certain kcY-s, A group of rnch magnificent use ofin many of his wind ser diverse winds playing together produced a pun enades and divertimenti. gent chaos of dissonance, at a fur remove from The program of Les Hoboi'stes, however, did the leek harmonious1cess of a modern orchestral not extend so late or so high. It focused on the wind section. One would no.t like to listen to this popular band mu ic of the first half of the cen sound for a prolonged period, but a couple of tury- and much of this music, it must be said, hours of it can be delightful, as it was at USD. was routine hackwork, not lacking in composi And it is sobering to be reminded that this was tional skill, and suitably written for the tl1e sound early 18th-century audiences would 22 ~I

have heard when listening not only to humdrum pieces from the Sonsfe/d'sche Musikaliensamm lung but also to wind instruments playing Handel or Telemann. There was, in fact, a work by Tele mann on the program, a little Concerto in D - not by any means one of his more memorable works, but (as one would expect from this master com poser) well-crafted, and attractive for its nonstandard orchestration, in which the oboes are replaced by the veiled and somber sounds of the oboe d'a more ( the other in s tru men ts being horns and bassoons in pairs). The playing was - as always with this group - admirable. It was only in the second half of the concert, however, when the mu sicians came to a five-movement Suite in G Minor by the otherwise unidentified "Monsieur Barre" (probably one of the numerous musician Oboist members of the well-known La Barre family), that the quality of the music assumed some of Les Hoboistes de Prusse the stature that the music-making had exhib Founders Chapel, llniu.rsity of San Die o ited all evening. Music for oboe bands from the first half of the 18th Ce11tury Whoever Monsieur Barre may have been, he was evidently a Frenchman of a consider able degree of musical culture, not a provincial techniques. He also had significant abilities of his routinierchurning out workmanlike pieces for a own - among them the talent for inventing a re German street band (in her notes, Marianne Pfau ally striking melody (a talent in short supply helpfully suggests that the closest modern equiv among most of the other composers on this alent of these 18th-century wind ensembles would program). be the Mariachi band). Monsieur Barre was writ It was surely the outstanding quality of the ing for sophisticajed musicians who would have Barre Suite, as well as the fact that it must have been capable of playing anything he set before been written for an interior space rather than for them. Instead of seeking loud, colorful sounds street performance, that induced the fine musi that would be audible in a noisy open-air envi cians of Les Hoboistes de Prusse to change their ronment, he confined himself to a small, unified, mode of presentation for this one piece. For ev beautifully blended co01bmation offamilially re erything else, they stood on the raised platform lated instrument~: two treble oboes, a taille de of the chapel's sanctuary, as their predecessor~ /,a11tbois (a large tenor oboe), and a bassoon - might have done in front of some German precisely the distribution which, in the equivalent Rnthnus. But for their single illustration 0f re bowed instruments, would make up the string fined 18th-century wind music, they descended quartet oflater in the century. With this group, the stairs and took scats at tl1e head of the aisle, the composer made the most of the luxurious as though they were performing in a princely sa embellishments of the French style, the clever lon and as though the audience, in their rhythmic play, the subtleties of expression, the stiff-backed pews in Founders Chapel, were ac range of affects, and the elegant refinement of tually nobles and opulent burghers ensconced in dance meters and structures. Monsieur Barre had comfortable rococo chairs and enjoying the aris no doubt studied with care the concerts ofFran~ois tocratic style to which they considered themselves Couperin and had mastered that great composer's entitled. ■ 11

23 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA WEDNESDAY 374,133 MAY 8 2002

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and always wrong. Pedophilia must be It toa,TIY rejects the contention that condem~ unconditionally child sexual abuse is not particularly harmful, and supports to the fullest ex Re: "Po~o~sm and pedophil tent the criminalization and punish ia" (Opinion, April 26): ment of such behavior. University of San Diego sociology professor Anne Hendershott wrote, STEVEN N. SPARTA (l-____ Chair, EthicsCommittee > "The American Psychological Associa tion published a study in the psycho American Psychological Association logical bulletin which concluded that Former chief psychologist child sexual abuse does not cause Children's Hospital, San Diego harm - and recommended that pedo philia should instead be given a "value neutral" term like adult-child sex." No other explanation or clarification was offered about this assertion. Regarding the study in question, in July 1998, it was published in one of the 37 journals published by the APA The study combined the results of 59 previous studies to examine the long term impact of child sexual abuse. Us ing a broad definition ·of sexual abuse that included incidents ranging from witnessing indecent exposure to expe riencing repeated rape, the authors found sexual abuse to be not as harm ful as generally believed. The article led to considerable controversy about both the journal review process and understanding APNs position regard ing child abuse. What is the position of the APA re garding sexual abuse? It strongly en dorses the position that sexual abuse of children is a criminal act that is rep rehensible in any context Psycholo gists devote considerable time to pro tecting and helping children from being victimized by all forms of abuse, and the APA always has condemned 1:he sexual abuse of children. While there is doubtless a continu um of harmfulness depending upon the nature, intensity and duration of abuse, there is no way to be certain that even the mildest forms of non contact sexual encounter might not cause serious damage to a vulnerable child. . As reported in Hendershott's arti cle, readers likely would conclude the APA did not believe child sexual abuse to be harmful to children. The APA is comprised of 159,000 members and af filiates and repeatedly has reaffirmed its long-held position that child sexual abuse is never trivial, never justifiable 24 ( be ROLL CALL r.t n,.f- . ~\j r ~ ::x. w~w "\ WASHINGTON, DC By JeDilll... · chmn . J'-' THURSDAY 17,000 umping Jack. Jack Belcher is the MAY 23 2002 new staff director of the House Re Jsources subcommittee on energy and mineral resources. He fills the shoes of Bill Condit, who moves to New Mexico for a consulting post in the private sector. Most recently, Belcher, 36, worked for the D.C.-based energy consulting firm Hart Downstream Energy Services as deputy director of energy and refining policy. He has also served as deputy di rector for renewables and special energy systems at the firm. Before moving to the consulting group, Belcher work;ed for Hart Publica tions as editorial director and Washing ton director. Belcher's work experience also in cludes a stint at the Independent Petrole um Association of America in communi cations and government relations. The Houston native has worked for Texaco Exploration and Producing and the Re ( publican National Committee. A 1990 graduate of the University of Texas at Austin, Belcher has a degree in ~- - ~ y._J • '11 political science. Condit, 54, had served as the subcommit tee's staff director since 1997 after spending two years as a professional staff member. He came to Capitol Hill in 1989 after work ing as a minerals examiner for the state ofVrr ginia and a geologist for the Bureau of Land Management. Condit served as a staff consultant to the then-House Interior and Insular Affairs Com mittee until 1991. He then served as a mi nority consultant for the subcommittee on Photo by Tom Williams mining and natural resources. Chris Bradish Oeft) and Scott Boos are replacing Lisa Biedrzycki (center) and Erin He earned his bachelor's degree from the Buechel as staff assistants in Sen. Arlen Specter's office. Biedrzycki and Buechel will University of Delaware in 1973 and went on become director of spec· projects and legislative correspondent, respectively. to receive his master's in 1977 from Dart mouth College. The pair replace Erin Buechel and Lisa Boston-based New England office. Keystone Staff. Scott Boos and Chris Biedrzycki, who advance t legislative cor Oliveira, who hails from New Bedford, Bradish are the newest faces in Sen. Arlen respondent and director of special projects, re Mass., most recently served as staff counsel Specter's (R-Pa.) office. spectively. to Sen. Edward Kennedy (D-Mass). Boos, a Philadelphia native, and Bradish, Buechel, 23, is also a200 l graduate ofPenn Before joining the Bay State lawmaker, who hails from San Francisco, will serve as State. The Pittsburgh native received her de Oliveira worked in Rep. John Olver's (D staff assistants. gree in political science. Mass.) office as legislative director. The 34- Boos, 23, is a 2001 graduate of Pennsyl Biedrzycki, who hails from Swarthmore, year-old has also served as a staff member on vania State UDiversity. He has a degree in eco Pa., earned her degree in English from Wake the House Judiciary subcommittee on the nomics. Forest University in 2001. Constitution. A member of the University of San Di~ A 1990 alumnus of the University of Mass class of 2001 , Bradish, 23, has a degree in po Homeward Bound. The government rela achusetts, Oliveira has a bachelor's in politi litical science. tions firm Cassidy & Associates/Weber Shand cal science. He received his law degree in He has interned at the Republican Nation wick has hired Hill veteran David Oliveira as 1994 from the University of Connecticut 25 al Committee and the State Department. senior vice president and general counsel for its School of Law. z

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\0 "I thought that was the East Coast in the begin .ling," she said with a chuckle. Mr. Bianco became her mentor, and she discov ered her life's work. "When I started working in opera, it was like a dream job," Ms. Levy said. "I was fascinated ,, by how much goes into putting it together. She also was hobnobbing with some of the biggest stars in opera, including Luciano Pavarotti and Placido Domingo. "I've always worked with high profile people," she said. Ms. Levy started as director of communications, eventually becoming the opera's artistic administrator. In that position, she was responsible for "Were not the Metropolitan Opera, but budgets for the opera's artistic endeavors. "All I it's an advantage because we can hire had to do was keep it · Met singers. People who get smaller roles within budget," she said. at the Met can get bigger roles here. It's "I wasn't responsible for good for them." finding the money." That changed when -Maria Levy, managil).g director she left Pittsburgh three of the Connecticut Opei;:a years ago to take a job as managing director for the Connecticut Opera. Ms. Levy and Willie Waters, the opera's artistic director, were hired toge er and both report to the organization's board of directors. She said the decision to spLt the opera's

Maria Levy is the managing director of the Connecticut Opera.

27 administration into artistic and administrative realms Levy described as "a tough audience." is was part of an ongoing effort to bring the company While some might think the Connecticut Opera to a new level. at a disadvantage having the Metropolitan Opera "It's a 60-year-old company with a terrific tradi down the road in Manhattan, Ms. Levy sees many tion, but it needed some help," she said. "We want advantages. said. to show an improved artistic product and are trying "We're not the Metropolitan Opera," she Met to make the company financially stable." That task "But it's an advantage because we can hire became harder after the terrorist attacks last singers. People who get smaller roles at the Met can September. get bigger roles here. It's good for them." "Corporate contributions are down since 9-11," She cites a July 2000 concert at Bushnell Park she said, adding that the general decline in the that drew 5,000 people and a recent concert by nation's economy also has hurt. But she is optimistic Oenyce Graves that took place at the First Cathedral about the company's future as it looks to expand its in Bloomfield as some of the best experiences she's reputation throughout the state. had here so far. "We really want to be the opera company for the "Everything went exactly as planned," she said of by State of Connecticut," Ms. Levy said. "Willie has an the Graves concert, which was underwritten with education background, and we believe very strongly Northeast Utilities. "We sold it out and closed in that we must give to the whole community, not just the 'Battle Hymn of the Republic'." The concert those who go to the Bushnell." the park, also sponsored by Northeast Utilities, was With that philosophy in mind, the company has equally successful. "People were talking about that been performing in schools throughout Hartford, for years," she said. presenting "The Magic Flute" and a 20-minute piece So what does the woman who grew up on the called "The Telephone," and in long-term care facil- West Coast and thought Pittsburgh was the East ities in the area. · Coast think of Connecticut and the real East Coast? In addition, Ms. Levy said, four young artists have "I just think Connecticut is the most beautiful been performing as The Opera Express in communi state," Ms. Levy said. "I've got the Silas Deane, the ty outreach activities. It's a great program because the Berlin T umpike, Franklin Avenue and the beach. performers, all in their 20s, get valuable experience And Newington is a great little town. I love it." NL performing in front of children, whom Ms.

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photos "I love the sport," Ramirez said. "In wrestling, the same moves from 30 years ago work today. In judo, there are moves that have been around a while, but there are also variations. It allows you to be more cre ative." Judo involves throwing your opponent to the mat, pinning your opponent with a hold down technique, or causing your opponent- to submit with an arm lock or a choke. Ramirez said you don't nec essarily need great strength to excel in the School Nationals in San Jose, sport ''You can Ross MacBaisey (right) MacBaisey took second in the outmaneuver a per son," prepares to throw Josh 73-kilogram division. he said. "If you're skillful, have speed Ramirez during a practice. Flores and Ramirez, who and really good are technique, both shooting for the 2004 you can beat any body. You Olympic~ in Athens, each wres can use someone Judo artists tled in college. else's momentum against them and use Flores, 22, went to as little energy as pos the Uni sible." preparing for versity of Nebraska a wrestling scholarshi1 MacBaisey, a sophomore at but hurt Torrey Pines, his knee. After recov1 ring from :finished third at Olympic glory the CIF-San the injury, Flores de •/ ,,

MUSIC University of California, Moy 1: Lila Dawns sings in Mayan, Mixtec, Zapatec and Spanish . 7 :30 p .m. $17 / general, $15/ seniars , $10/ studenls. Mandeville Auditorium , 9500 Gilman Dr., La Jolla. 858/534-TIXS. San Diego State University: Jazz Week !May 1-May 51, Electronic Music Marathon !May 3) and Annual Student Composition Concert (May 8). Times/ prices vary. 5500 Campanile Dr., college area. Events line 619/594-6020. Tickets 619/ 594-1696. University of San Diego: ;Zarzuela/ Spanish Barocue opera excerpts and Villancicas (May 2) and 1Espagnaleta! Spanish- and Latino-influenced sangs through the ages bene <___ ---.)] fit concert !May 10, 12). Times/prices vary. 5998 Alcala Park, Linda Vista. 619/260-4600 , ext. 4901 . San Diego Symphony Masterworks Series, Moy 3-5: Don't miss the season finale - Solute ta Jung-Ha Pak featuring Stravinsky and Debussy. Fri .-Sot. 8, Sun . 2. $15- $70. Capley Symphony Hall, 750 B St., downtown. 619/235-0804 . www.sondiegasymphany.com . * •L - " --C. --- :-- A - "'·- AA-. A (

31 1Zarzaclal Spanish baroque opera excerpts and villancicos are on tap when the USD Choral Scholars are joined by members of San Diego Baroque, La Monica, and the San Diego Opera for a concert today, Thursday, May 2. The event includes a pre-concert lecture at 11 :30 a.m. and the concert at 12:15 p.m., all in the French Parlor, Founders Hall, at the University of San Diego (5998 Al cala Park). Admission is S8 general. Call 619-260-2280 for information. (LINDA VISTA)

( PsywpadilaSa..u. The Globe Theat:res/Unmnity of San Diego MFA Program present John Patrick Shanky's •wac1ty comedy" about •two couples, a therapist, and a stransr fetish!" Richard Sttr directrd. STUDIO THEATRE. SM:RED HEART HAU., UNIVERSITY OF SAN DIEGO, THROUGH MAY 4; THURSDAY THROUGH SATURDAY AT8:00P.M.

32 School of Business Administration http://pqasb.pqarchiver.com/sandiego-sub/ ... e249 l66 l e5b355abf86d&did= l l 92 l l072&FMT=IT

Accounting 'flu' testing investors' faith I Peregrine woes mirror auditors' cultural shift The San Diego Union - Tribune; San Diego, Calif.; May 9, 2002; Dean Calbreath;

Abstract: In many ways, the problems at software-maker Peregrine Systems mirror much of what happened in other companies, down to the involvement of the Arthur Andersen accounting firm, which also audited the books at Enron and Global Crossing.

Peregrine paid $185,000 for Andersen to audit its books in fiscal 2001, as well as $863,500 for other unspecified services. The accountants apparently misstated Peregrine's revenue by as much as $100 million, according to KPMG, Peregrine's new auditor.

In September 2000, for instance, Peregrine swapped software with Critical Path of San Francisco, but reflected the swap as a monetary transaction, inflating the revenue on its books. As a result of that deal, among others, Critical Path's former president David Thatcher has pleaded guilty to cri I charges of misstating his company's revenue, saying that he and Peregrine rigged their bo ~ the transaction. No charges have been filed against Peregrine, which cooperated with r, investigation of Critical Path.

Full Text: Copyright SAN DIEGO UNION TRIBUNE PUBLISHING COMPANY May 9, 2002

FOR THE RECORD I A story yesterday about Peregrine Systems that quoted Robert Phillips misstated his affiliation. Phillips is an accounting professor at the University of San Diego, not San Diego State University. The Union-Tribune regrets the error. (05/10/2002, A-2)

Some call it Ertron-itis. Or the Andersen flu.

The financial illness that has spread throughout the country hit San Diego this week, as Peregrine Systems revealed that it may have up to $100 million in overstated revenue. ( The symptoms are easily recognizable.

Analysts who don't analyze. Accountants who miscount. Corporate directors who don't ask enough questions. Executives who cash out their stock. And investors who put their faith in financial statements, corporate directors and analysts' reports as they decide where to trust their money.

The victims of the disease in the past year have included a number of once-highflying companies: Enron, Global Crossing, Tyco, Critical Path.

But market watchers worry that the biggest victim has been the public's faith in the market, which is not only hurting Wall Street -- despite its dramatic gains yesterday -- but also is slowing the economic recovery.

"It's really scary," said Ross Starr, market economist at the University of California San Diego. "Since the 1930s, the great virtue of the U.S. markets has been the availability of detailed information, checked by certified public accountants. But the culture at U.S. accounting firms has clearly changed over the last decade. You can't rely on them now."

Robert Phillips, who teaches accounting at San Diego State University, said the problems have been "brewing for a long time." A decade ago, he helped develop course material warning students about "aggressive accounting" practices.

But the accounting problems accelerated in the 1990s, when the upswing in the stock market was partly fueled by optimistic financial reports. Many market watchers, including Ross De Vol, economist at the Milken Institute in Santa Monica, say that revenue on the tech-heavy Nasdaq stock exchange may have been inflated by as much as 30 percent last year.

Even when some companies were on the verge of collapse, the accountants failed to warn the public.

A recent study by Bloomberg News found that among the 673 largest bankruptcies of publicly traded companies

liiiii 33 6/ 17/02 3:39 PM http://pqasb.pqarchiver.com/sandiego-sub/ ... e249 l 66 le5b355abffi6d&did= l l 9211072&FMT=IT since 1996, auditors failed to warn investors more than half of the time. Financial statements published weeks before the bankruptcies did not mention the possibility of collapse.

The Bloomberg study found that the bigger the company was, the less likely it was that the auditors would report the problems.

"My sense is that there are going to be a few more companies with similar stories (of inflated earnings), although most of the smoking guns will probably be worked out by the second half of the year," De Vol said. "In the meantime, however, this whole issue is weighing very heavily on the market. It seems like every other day you hear about a company needing to restate earnings."

In many ways, the problems at software-maker Peregrine Systems mirror much of what happened in other companies, down to the involvement of the Arthur Andersen accounting firm, which also audited the books at Enron and Global Crossing.

Some of Peregrine's financial dealings would have raised eyebrows.

In September 2000, for instance, Peregrine swapped software with Critical Path of San Francisco, but reflected the swap as a monetary transaction, inflating the revenue on its books. As a result of that deal, among others, Critical Path's former president David Thatcher has pleaded guilty to criminal charges of misstating his company's revenue, saying that he and Peregrine rigged their books to hide the transaction. No charges have been filed against Peregrine, which cooperated with regulators' investigation of Critical Path.

Howard Schilit, who heads the Center for Financial Research and Analysis in Rockville, Md., said that giving a customer something as part of a quid pro quo is one of the most common ways that companies use to improperly boost their income. He wrote a book on how to detect fraud in financial reports.

During a recent visit to San Diego, Schilit said the most likely companies to use such gimmicks were "small, fast-growth companies" - - a description that fits Peregrine.

Market watchers say that all the Big Five accounting firms have engaged in such gimmickry in recent years, not just Arthur Andersen.

"Andersen was just the firm that was unlucky enough to get caught," said De Vol, the Milken Institute economist. "I've talked to people at the other accounting firms and privately most of them will say they're only one Enron away -- meaning one big mistake away--from finding themselves in a similar situation to Andersen."

But if Andersen may have helped inflate Peregrine's revenue, as KPMG now suggests, Wall Street analysts also helped boost its stock price through their positive ratings of the company's financial performance.

Last month, seven stock analysts issued a "buy" recommendation on Peregrine, with one analyst urging a "strong buy." Those recommendations remained upbeat even after the company's involvement with Critical Path became known.

Even today, only one analyst is telling investors to sell the stock. The others have downgraded the stock to such innocuous- sounding ratings as "neutral," "market-perform" or "hold." Although most institutional investors understand that those words often translate to "abandon ship," they are mild enough that some investors might think the stock is more valuable than it is.

UCSD economist Starr is not surprised by the glowing reviews of failing companies on Wall Street.

"Only the gullible listen to what the analysts say," he said. ''The problem of the 1990s was that you had a new crop of unsophisticated investors who weren't cynical enough, being misled by a new crop of financial analysts who seemed to be only interested in generating an active market for companies underwritten by their firms."

Starr said that the current doubts about analysts and accounting could have long-lasting repercussions if the problem is not corrected.

34 39PM SAN DIEGO DAILY TRANSCRIPT SAN DIEGO, CA FRIDAY 10,SOO MAY 24 2002 Optimism abou ds despite decline in local indicators \\5LI Economic indefl'MJ+-~ Co.3 Index of Leading Economic Indicators percent, led by job losses San Diego County, 1999-2002 and national economy By TIM COFFEY Son Diego Doily Transcript San Diego's economic indica tors in April declined for the first time in four months, but a strong showing from an important indi cator lessened the impact. The University of San Diego's Index of eading Economic Indicators fell 0.3 percent last month to 138.5. It was the first time the monthly index declined since December 2001. The index was down from 138.9 136...______.______.______in March and 143.7 in April last Jan.99 Jan.00 Jan. 01 Jan.02 year. The six indicators were evenly split with the size of the declines Despite the decline, San Diego's San Diego economy is "erratic pushing the index lower. Claims economy is not in trouble, said the behavior" in the coming months, for unemployment, which in economist that tracks the index. leveling toward the end of 2002. creaBed more than 4 percent, led "It's not necessarily a sign of an He sees the national economy the decliners. impending downturn in the local now entering the second decline High consumer confidence levels economy, but it is an indication in a "W" shaped recovery. In this kept the index from registering a that we've still got some rough scenario, a recovery takes longer larger loss. The indicator, which spots, that everything is not than the "V'' theory and is more tracks two-thirds oflocal economic smooth sailing from here on out," volatile than a "U" recovery. activity, rose 2.46 percent, the said Alan Gin, an economics pro For the local economy to biggest one-month percentage fessor with USD. gain ever for the local index. Gin's near-term outlook for the See Local indicators on 2A

35 Local indicators Continued From PB&B 1A 24 percent higher than the same it could mean that the loss of jobs weather the national downturn, period last year. was broad-based. Gin believes consumer confidence Offsetting consumer confidence "It's a sign to me that the unem must support the expected is the local unemployment rate, ployment rate is going to be declines in unemployment and which hit 3.8 percent in April, picking up soon," Gin said. "I the psychological effects of a ter according to the California think unemployment is going to rorist attack or threat. Employment Development top 4 percent in the next couple of "But right now things look good Department. months." and people are feeling pretty good In San Diego, 21,843 claims for Along with unemployment about their prospects," he said. unemployment insurance were claims, the national economy The best indication for strong filed last month, a surprise and slipped 0.65 percent and the consumer confidence is the sales potential danger for the local number oflocally issued building of big-ticket items. The biggest economy, Gin said. permits declined 0.23 percent. purchase a single consumer can "That is really sunmsmg The total number of permits is make is a home. because April is , usually a rela still 1 percent higher than last. A survey from the first quarter, tively low month for claims filed;' year. the latest available, by he said. "This is a sign th t there On the positive side in April, MarketPoint Reality Advisors was considerable job oss in the stock prices of San Diego's showed that 2,683 single-family April." public companies increased 0.47 homes were sold in the first three Because there were no mass percent and help wanted advertis months of this year. It was nearly layoffs publicly reported in April, ing grew almost 0.40 percent.

March indicat.ors Because of a problem collect ing the data, Gin released the leading indicators from March at the same time as April's index. In March, the index was 138.9, an increase of 0.5 percent from February. "The breadth of the advance was good, with four components up and only two down," Gin said. Consumer confidence led the positive indicat6rs with an increase of 1.86 percent and was followed by the stock prices of local public companies, which grew 1.16 percent. Help wanted advertising also increased by 0.26 percent, as did the national economy that grew 0.11 percent. Marginal declines were felt in the number of issued building permits, a drop of 0.36 percent, and an increase in unemployment insurance, which grew 0.14 percent. "Despite the rough spots, the economy of San Diego County is projected to outperform the state and national economies through out 2002;' Gin said. [email protected] Source Code: 20020523tba

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38 SAN DIEGO DAILY TRANSCRIPT SAN DIEGO, CA MONDAY 10,500 MAY 6 2002

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Burrelle's l H B _L 219 l#~o•MM•o• ••n,c.. txz2.e 26 be .. .. Students help animal center Marketing students from the University of San Diego raised $2,100 for the Helen Woodward Animal- Center late last month at the Del Mar Fairgrounds. At least 18 students from USD's corpo rate sponsored Student Marketing Agency arranged the fund-raising event for the animal center in Rancho Santa Fe. The event also doubled as a mar keting event for Guy Hill Cadillac. The students were given $2,500 from the General Motors Marketing Internship program to identify a target audience, arrange the event and then evaluate it. The students presented the agency's final results to the dealership and General Mot.ors (NYS~::A GM) on Friday. Source Code: 20020503tlg ~ \ · r-- By Daily Transcript staff writers. J

39 Llxu o~ :fr ~ 'o u. V\ .e.. Mo...y 13, z_nOZ-

CALENDAR

MEETINGS AND SEMINARS

TOMORROW

• Panelists from the FBI, SAIC, Internet Security Systems and the San Diego District Attorney's Computer Technology High-Tech Response < ] Team discuss post-Sept. 11 Internet security at 7:30 a.m. at the University '------ of San Diego's Joan B. Kroc's Institute for Peace and Justice Auditorium. Free and open to the public. Reservations recommended. Register at http://isec.sandiego.edu/itmi or e-mail [email protected] ( SATURDAY • Tom Perrine of the San Diego Supercomputer Center demonstrates how to detect if someone has hacked your system at the San Diego Linux Users Group (SDLUG) meeting, 9 a.m. to 1 p.m. at 3954 Murphy Canyon Road, Suite D-200, San Diego. Free. Information: visit http://www.sdlug.org or e·mail [email protected]

EDUCATION

TOMORROW

• San Diego Community College Centers for Education and Technology offer the following free classes at the San Diego Career Center, 8401 Aero Drive, Kearny Mesa: Improving Your Computer's Performance, 1 to 5 p.m. weekly through June 4, Room 130; Dreamweaver 4.0 Intermediate/ Ad· vanced, 5:30 to 9 p.m. weekly through June 4, Room 140. Register in class. Information: (858) 627-2545 or http://www.ncc.sdccd.net

• The Lakeside Community Center. 9841 Vine St., offers Very Basic Com· puter from 9 a.m. to 11 a.m. The three-part class continues Wednesday and Friday. Cost for each session is $10. Information: Dolores at (619) 443· 9176. I

40 SAN DIEGO METROPOLITAN SAN DIEGO, CA MONTHLY 50,000 MAY 2002

1111111111111111 IIIII IIIIIII IIII 1111111111111111111111111111 BurreJJe•s · A143 111,,011MAr10• SHvtcn HB cxz2 .. be .... Robert 'Bob1 Papera Builds A Family Business Of His Own Small Business Person of the Year has been integral in the area's growth and development ♦ BY PATRICIA MORRIS BUCKLEY

Society, Door of Faith ; :;era tra~~~ Orphanage and St. W:around San Vincent de Paul. Diego, he can't help but But he' mo t proud of have a huge smile on hi s helping hi s company s ur face. As president of Expo vive the recession of the Builder's Supply Inc., he '90s, a time when many knows most n ew con builders and building s up struction projects use hi s ply companies struggled building products. to stay alive. "I take a lot of pride in "Our darkest hours were driving around and seeing from 1989 to 1994, when the buildings that we con we started making money tributed to," says Papera, again," says Papera, who 59. "It's not like a w idget credits hi s faith in God for that we shipped overseas. the victory. "Filing for It's something concrete Bob Papera bankruptcy was never an th at stays here." option for me. And I am Papera was heir to a blessed with wonderful family-owned can manufacturing business employees who a.re like family to me." in New Jersey. But after a stint in the Navy Much of Papera's business philosophy during Vietnam, he fe ll in love with San comes from hi s father, who retired from the Diego and wanted to stay. In 1976, he family bu iness last year at the age of 95 (hi s accepted a friend's offer to join Expo grandfather worked unti l h e was 101 ). "I (founded in 1929), whi ch Papera eventuall y was raised to do the right thing," says bought ii:i 1982. Papera, who calls his father hi s role model. Expo is a manufacturer of stucco prod ''That's why I'm more proud of building the ucts and a di stributor of lathing, plaster, dry company up since the recession than I am of wall, steel framing, acousti cal and hi gh per any other successes we had before then." formance coating products. Expo has one That family tradition may continue at location in North County and two in the Expo. South County. With a c lient base of 350 Papera's son, John, works for him, and compani es, mainly in Southern California, although his son might take over the busi Expo supplies building materials to Mexico, ness some day, Papera has no intenti on of r------... China, Japan and the Philippines. retiring early. "It's kind of in our genes to Papera, who has a bachelor's degree in enjoy our work," he says, and a plus is the [______, , accounting and finance from St. atisfaction he gets from viewing the San >B onaventure University and a certificate in Diego skyline a nd knowing he contributed international busin ess from the University of to it in some small way. San Diego, ha served as president of the "I absolutely love this business," he California Materials Dealers Association says. "I've never had a day when I woke up and now sits o n its board. He's active with and said, 'Oh, I h ave to go to work.' That 41 the La Jolla YMCA, Children's Home says a lot about the business." ❖ SAN DIEGO UNION-TRIBUNE SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SAN DIEGO, CA TUESDAY 374,133 SUNDAY 444 1 849 MAY 5 2002 MAY 7 2002

I11111111111111111111111111111111111111111111111111111111111 111111111111111111111111111 lllll 1111111111111111111111111111 Burrelle's Burrelles 5800 111,0RMArlO# SElltncu 580 l#,O#MArlOlt ~lllltflCIU QG QN ,IZ111 .xztu 25 , I,,, n 25 . I • • . X ;..---- yp ~ University of &n Die(~P SCHOOL OF B USINESS ADMINISTRATION Master of Science Executive Leadership Developing high potential leaders for high performing organizations • Discover greater leadership potential • I.earn to.optimize leadership skills in others • Small interactive classes for the busy executive Learn more about our innovative Masters program at this upcoming event with Ken Blanchard:

Information Session: Wed., May 8, 6:30p.m.

Ken Blanchard Distinguished Faculty, USD's Executive D E G R E E P R O G R A M t_S P O N S O R E D B Y Leadership Program KenBlanchard T bf') Universily of &m Dieip C O M PA N I E S ~ SlHOOl a, Ru><,cs, Ao,11M

42 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SUNDAY 444,049 MAY 12 2002

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~ University of 8an Die50 SCHOOL OF BUSINESS ADMINISTRATION

A Master of Business Administration (MBA), International Master of Business Administration (IMBA), or Master of Science in Electronic Commerce (MSEC) degree from the University of San Diego provides the essential skills to excel in today's economy. • Full-time or part-time programs • Small class settings • AACSB accreditation • Joint-degrees: MBA/JD, IMBA/JD, MBA/MS in E-commerce We invite you to attend an information session on Wednesday, May 22 at 6:00 p.m. in £he USD Manchester Conference Center; Room 206A RSVP at 619-260-4840 University of San Diego htt ://business®sandie o.edu

43 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 10 2002

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\\ ~'-\ • Gary Ackerman, executive director of the Western PowerTrading Forum, said he was misquoted in yesterday's story about allegations of market rigging by electricity traders. In a reference to allegations, Ackerman maintains he said: "I was under the impression traders did this on the fly." He said he did not say "on the sly." • A story yesterday about Peregrine Systems that ( quoted Robert Phillips ) misstated his affiliation. ..., ______.J Phillips is an accounting professor at the University of San Diegp, not San Diego State Omversity. The Union-Tribune regrets the error.

It is the policy of the Union-Tribune to correct all errors. To discuss accuracy or fairness in the news, please write: Gina Lubrano, readers representative P.O. Box 120191 San Diego, CA 92112-0191 Telephone: (619) 293-1525, or e-mail: [email protected]

44 StLn °t)i~o ~u.s·,~s.s Jo-u.,vt'\o_J

M_~ l~,)D02-.

University of &n Die8o SCHOOL OF B USINESS ADMINISTRATION Master of Science Executive Leadership Developing high potential leaders for high performing organizations

• Discover greater leadership potential • Learn to optimize leadership skills in others • Small interactive classes for the busy executive

Learn more about our innovative Masters program at our next upcoming information session:

Wednesday, May 22 • 6:30 p.m. Olin Hall, USO Campus

Apply now for August 2002 Enrollment! 619-260-4828 • [email protected]

DEGREE PROGRAM SPONSORED BY Keiilllanchard t. C OMP A NI ES T tin Univer!ily of &m OieBo ~ SCt-11.IUlot 81·•,1,•,HSAl,,.,11"<1\TMATION

45 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 17 2002

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Emerald "M" Growers holds first public sale event There's an opportunity growing in the Rancho Bernardo area. Emerald "M" Growers & Pottery Manufacturers, a popular commercial source for high-quality palm trees and pottery, is holding its first ever public sale. Through June 2 - on weekends only - Emerald "M" Growers is open to the public for a sale that offers 40 percent off everything. Shoppers can browse through acres of palms, and check out the variety of terra cotta and glazed pottery, wrought-iron decor, birdbaths and water gardens. Emerald "M" Growers is making this sale a real family event- there's a food court and an astro jump for the kids. You can also enter to win a water garden. Hours are 8 a.m. to 5 p.m. Saturclays and Sundays only. Emerald "M" Growers & Pottery Manufacturers is at 9000 Artesian Road. For more information, call (760) 943-7256 or visit online at www.springsaleevent.com. [ ) USO Grad School programs really mean business ___ --X-Master of Business Administration (MBA), International Master of Business Administration (IMBA) or Master of Science in Electronic Commerce (MSEC) degree from the University of San Diego can give you the skills you need to excel in today's economy. The School of Business Administration offers full- or part time programs, small class settings, AACSB accreditation, and joint-degrees: MBA/JD, IMBA/JD, and MBA/MS in E-Commerce. To help potential candidates learn a little more about the programs, an information session is being held at 6 p.m. May 22 in the USO Manchester Conference Center, Room 206A. To RSVP, call (619) 260-4840. Information is also available at http://[email protected].

46 SAN DIEGO UNIO I TRIBUNE SAN DIEGO, CA SUNDAY 444,649 MAY 19 2002

11111111111111 llll 111111111111111111111111111111111111111111 BurreJJe•s / 'fl'O #MAr/011 SOIV/C. 1, ~ 5800 QN .xz1u 26 ,I .. ,n ij) ✓ Universily of &n Die8o SCHOOL OF B USINESS ADM INISTRATION Master of Science Executive Leadership Developing high potential leaders for high performing organizations • Discover greater leadership potential • Learn to optimize leadership skills in others • Small interactive classes for the busy executive Learn more about our innovative Master's program at our next information session.

Wednesday, M y 22 • 6:30p.m. OLIN HALL, SD CAMPUS

:t: KenBlanchard of &in Die8(l C OMPANIES T on Univer y ~ '-.t-Ht>Ol RL~IM 'i Al>\ll\J~Tlt.\TK)

47 Institute for Peace and Justice SAN DIEGO DAILY TRANSCRIPT SAN DIEGO, CA MONDAY 10,500 MAY 6 2002

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Bur,;atOM.:'1 x HB be •.• •

Interior Wood millwork completed at Peace & Justice_ Intenbr Wood of San Diego Inc. has completed with Mike Conroy as the project manager. cabinetry and ~work for the new 90,000- Carrier Johnson was the architect with Debra square-foot Joan B. Kroc Institute of Peace and Elliott as the project designer. Justice at 5998 Alcala Park on the campus of the Interior Wood installed custom cabinetry University of San Diego. Dan O'Brien and Phil and millwork throughout the facility. It also Rockhold of Interior Wood were project man crafted the 42-foot-long, 27-foot-wide oval agers on the approximately $500,000 millwork conference table in the conference center. The project. Mary Whelan, director of institutional 12-section table seats 36 and was crafted design, provided project oversight for USD. entirely of burgundy-stained oak. J nterior The institute opened in the fall of 2001. Wood is a member firm of the Woodwork Rudolph---- & Sletten was the general contractor Institute of California. J

48 ~ '[Y, ej o Ll,V\i on -Tf i bl>.Vl e, vJ e! . , ~llj 8

fy i San Diego

Datebook Robert Muller, chancellor at the ( Universidad de la Paz in Costa Rica, will present "World Peace Is lnevltable," 5:30 to 7 p.m. . tomorrow, Joan B. Kroc Institute for Peace and Justice Auditorium, University of San Diego. Free. Information: (619) 260-7509.

49 ~CU\ l), ~o U.,\l\.,o-n --I r1· blA.Yl e.

~-wd.j I M.64 ll' 2-002-

fyi San Diego

( Datebook "Uneasy Neighbors," a documentary about the growing tensions between residents of migrant-worker camps and affluent homeowners in North San Diego County, will be shown at 6 p.m. Monday, Joan B. Kroc Institute for Peace & Justice Auditorium, University of San Diego. A discussion with film director and producer Paul Espinosa will follow. Information: (619) 260-7509.

50 School of Law

( ORANGE COUNTY REGISTER SANTA ANA, CA SUNDAY 418,7D3 MAY 5 2002 CONSTITUTIONAL LAW Appointment of judges d host

exercised, as the Constitution requires. James Madison is credited with being The Senate's practice is to submit the the father of the U.S. Constitution. His president's nomination to its judiciary original draft with some amendments be committee. That committee has the came the law of the land. At the Consti power by majority vote to kill a judicial tutional Convention ofl787, he strongly nomination. The fate of the president's supporteq. the separation of government nomination of judges is presently in the powers into three different branches, hands of a majority of the committee, legislative, executive and judicial. not in a majority of the Senate. This out The Constitution limits each branch to is not a correct interpretation of its function. In addition, each has certain come the Constitution. Mr. Siegan is veto powers (checks and balances) over Madison warned' against encroachment distinguished the two other branches. The objective of professor of and aggrandizement of the separation separation is to protect liberty by pre law at the process. By this he meant the "hydraulic of venting any one branch from acquiring University pressure inherent within each of the §_an Dieg§" dictatorial powers. the outer limits of Law School. and balances is branches to exceed An example of checks apply to the His latest power to ap power." This would plainly provided by the president's of the judi book is in the Senate granting the majority point federal judges but only, belong "Property with ciary committee veto powers that From words of the Constitution, "by and Rights: to a majority of the Senate. The U.S. Su .Magna Cart the advice and consent of the Senate." preme Court has over the years invali to the The president selects the judges. The l h dated ~aws that accord a single branch Fourteen Senate as a whole may confirm or reject Amendment." powers to which it is not entitled. his nomination. The situation in California is even The Constitution is clear about the se worse for constitutional meaning. The lection of federal judges. But apparently president has agreed to nominate for it is not sufficiently clear to prevent federal judgeships only those selected by what is now occurring. The Senate's ad various six-person committees. The two vice and consent function is not being

51 U.S. senators from the state agreed to gaged in these practices does not make defer to those committees - half of them constitutionally sacrosanct. whose members they appoint - and not Beginning in 1932, for example, the exercise the veto that the Senate accords Congress authorized either the House or its members on the judicial and other Senate to veto regulations imposed by nominations within their state. federal agencies. That procedure has The Senate power over p·residential been labeled as the one-house veto. This appointments is one of the few powers proced\\fe was followed in 295 instances that one branch of Congress enjoys. In before it was struck down. In 1983 the contrast, both the Senate and the House U.S. Supreme Court held that the are given joint powers for most govern one-house veto violated the Constitu mental matters. tion. That's because it granted one-house To this extent, the Senate is acting as powers that required concurrence by ( representative of the nation. That the both houses. Th-e court stated that "the Constitution grants such extraordinary fact that a given law or procedure is effi power to the Senate requires that this cient, convenient and useful in facilitat branch should act strictly within•consti ing functions of government, standing tutional mandates. alone, will not save it" if it violates the However, the current Senate practices Constitution. threaten the constitutional integrity of While Senate committees are usefuJ the executive power of judicial nomi and proper, they should not have veto nation. To grant part of the Senate the powers over the composition of the judi- power that should be exercised by 100 ciary. · senators makes a travesty of the advise The judiciary committee should send and consent function. Regrettably, Presi judicial nominations to the ·floor with dent Bush has allowed this to occur in recommendations or no recommenda California and he even acquiesced to it. tions, and allow the Senate to exercise The fact that the Senate has long en- its constitutional responsibility. ·

52 ORANGE COUNTY REGISTER SANTA ANA, CA SUNDAY 418 , 703 MAY 12 2002

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EDITORIALS EDITORIAL

Our ideal: judges who rule based A brief for on the strict interpretation of the law and the state and federal con stitutions. Neither party selects judges exactly to our liking, but Re ,rincipled judges publicans have pledged to appoint r1 ./ I strict constructionists rather than artisan debate over judicial In the past, the state's senior sen- the liberal activists favored by appointments has grabbed ator from the president's party . many Democrats. national headlines, as Repub- would lead a panel selectmg c:1°di- Now that the Democrats and the licans protest the way the dates for district court vacancies. If moderate Mr. Parsky have veto Democratic-controlledP Senate Judi- there is no sitting U.S. senator from power, any judge with these tradi ciary Committee is bottling up that party, the task ~ould fall on tional instincts will be rejected out qualified federal judicial nominees. top U.S. representatives from the of hand. It's a clear-cut case of Democrats party in that state. In any case, the Second, this selection-committee trying to stop the appointment of party selected the no~ees. arrangement may have constitu federal judges whom they view as Under the new committee sys- tional problems - something argu d insufficiently liberal. tern, subcommittees of three Demo- by U ·versity of San Diego Law Getting far less attention but crats and three Republican~ ru:e _se- Professor Bernard Siegan in a Reg even more troubling is the way the lected for each of the four Judicial ister Op-Ed column last week. By judicial-selection process in Cali- districts in California, accordi~g to agreeing to accept whatever nomi ( fornia has been reworked in a way a report in the Los Angeles Daily nees the committee selects, the that keeps principled libertarian Journal, a newspaper that covers le- president is giving up power the and conservative-minded l judges off gal topics. "Four members of each Constitution grants him. of the district court. subcommittee must approve a can- Third, the committees are closed Astoundingly, the Bush adminis- didate for that person's nam~ to be to scrutiny and may fall short of tration agreed to this questionable forwarded to committee cha1r open-meetings and open records set-up, at the behest of the presi- Parksy and his deputy." . requirements. The public has no dent's top adviser in the state, Los In other words, Republican~ are way of knowing the criteria by Angeles investor Gerald Parsky. allowing Democrats to share m the which these nominees are selected Mr. Parsky, a RepJ1blican moder- judge-selection process. Naturally, and federal law appears to require ate who has complained that the the plan has been lauded by Demo- more openness. Republican Party is too extremist, crats and liberal interest groups, The committee idea is spreading orchestrated a deal with U.S. Sens. to other states, such as Washing who feared that more conservative Dianne Feinstein and Barbara ton, where Democrats are demand nominees would be selected. Boxer, both Democrats. The stated ing the same generous terms the Interestingly, the Parsky deal was goal was to avoid partisan conflict Bush administration granted to arranged before Sen. James Jeffords in judicial appointments, which has Sens. Feinstein and Boxer. switched parties and gave the Dem led to the sort of bottleneck occur Given the ongoing Senate Judi _ocrats control of the U.S. Senate. In ring in the Senate today. ciary the current Democratic-dominated Committee impasse, support The more likely goal was to cre ers of the Parsky committees say climate, a compromise might be ar ate a system by which only moder that it's far better to have moderate guable. But conservatives carmot ate judges could pass muster early judges than no judges at all. We understand why the Bush adminis in the selection process. disagree. It's far better for Repub tration was so willing to share judi Typically, a generally conserva licans to send forth strongly princi cial appointment power. tive party will appoint generally pled judges and then fight for them We can't understand it either. conservative nominees and will in Washington, than to give There are several problems up be then fight for their approval in with fore they get started. the new arrangement: broad daylight. The new Parsky President Bush can and should First, a process designed to as system quietly vets only those can demand an end to these commit sure the selection of mid didates who can get the' nod from tees and spend more of his political dle-of-the-road legal scholars will the state's two Democratic senators capital in Washington fighting for assure that principled thinkers will and lets committee members make Senate approval of qualified federal key decisions out of the light of rarely p~ss_~u~ter. judges. pu~li~ scrutiny. SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA WEDNESDAY 374,133 MAY 8 2002

A crisis over federal L--~---~---~---,

[____ ), ByGallHerlot '-\ \~ judicial nominations has been a year since President Contrary to Leahy's assertions, ush sent his first batch of judi Senate Democrats will be less defer none of Bush's nominees is out of Eal nominations to the Senate. ential to a Republican president than the political mainstream. It's true Overwhelmingly, they've been met their Republir;an colleagues. that they are mainly Republicans and with stony silence. Senate But endugn is enough. In the conservatives - just as most of Republicans are so frustrated that spring of his second year in office, Clinton's were Democrats and liber some have threatened a work stop President Clinton had a 58 percent als - but that's hardly a ground for page to mark the anniversary on confirmation rate on his nomina rejection. Bush ran on a platform of Thursday. tions. At the same point, President appointing such judges. It would be Among the original nominees are: Bush's confirmation rate stood at 43 a violation of his campaign promise ■ Michael McConnell, the percent For whatever reason, the not to do so. Presidential Professor of Law at the Committee on the Judiciary under Perhaps the real reason for the University of Utah. McConnell is one the leadership of the irascible Sen. slow pace was argued recently by of the nation's leading constitutional I Patrick Leahy, D-Vt, has not only Clinton White House operative Paul law scholars and perhaps the leading failed to keep pace with Bush's nom Begala According to Begala, Senate scholar on freedom of religion. inations, it has, in some ways, failed Democrats have a duty to drag their ■ John Roberts, one of the coun to keep pace with previous commit feet on judicial nominations. 'The try's most distinguished appellate tees under the leadership of more issue is legitimacy," he declared on attorneys. As principal deputy solici conciliatory chairmen like tor general during the previous Republican Orrin Hatch of Utah and ( Bush administration and as an attor Democrat Joseph Biden of CNN's "Crossfire," pointing out that , ney at Hogan & Delaware. Hartson, one of the It's time to crank it up. "the president did not 6et the majori- nation's premiere law firms, he has Leahy tries to blame President ty of votes." argued 36 cases before the Supreme Bush for the problem, arguing that This late in the game, Begala's Court his nominations are controversial argument sounds almost quaint But ■ Miguel Estrada, a former federal and that he ~hould choose nominees it continues to be fashionable among prosecutor who has argued 15 "for their ability instead of their ide inside- Supreme Court cases. If confirmed, ology." But this is hogwash. the-beltway types looking to justify he will be the first Hispanic judge on Professor McConnell, for example, obstructionist tactics. It is whispered the D.C. Circuit Court of Appeals. is supported by hundreds of along Capitol Hill corridors by staff These nominees and others that Democratic law professors, includ members who should be back at followed them have hit a brick wall. ing well-known liberals like their desks working on judicial con Only three of the original 11 have Lawrence H. Tribe. Yet no hearing firmations. So let me respond to it even received a hearing. Of the 101 has been scheduled. one more time: nominations Bush has made, only 50 Moreover, Leahy's strategy has George W. Bush is the duly elect have been confirmed. Court of ed president of the United States appeals confirmations have been under every vote count that has ever especially slow; only seven of 29 not been to speed up uncontroversial been made, official and unofficial. have been confirmed. As a result, nominees and take time to ponder Some may not like the Electoral the number of court vacancies is at controversial ones. It has College system, but it is our system, an all-time high - a situation Chief been just the opposite: When nearly half-cen and all the presidential candidates Justice William Rehnquist has called conducted their campaigns with that "alarming." tury-old statements written by then law-student Charles Pickering in mind. And while it's true that Senate Democrats respond - cor were brought to light and Bush did not receive a majority of rectly - that whenever the presi pronounced "racially insensitive" by liberal the popular vote, it is worth pointing dency and the Senate are held by dif out that he did better than Clinton ferent groups, Pickering's nomination hear parties, the confirmation who received only 43 percent of the process is slow. It is understandable ing was leap-frogged over the others. Leahy hoped vote in 1992. that, in discharging their constitu to score some points on the nightly tional duty to advise and consent, news and he succeed ed - at the expense of a nominee who was strongly supported in his home state Heriot is by people of every politi a professor of law at the r;rsi!_y cal stripe. of San Diego and a former counsel o e senate Commit-tee on the Judiciary. 54 Moreover, the legitimacy of the Democratic majority in the Senate is every bit as questionable. No doubt Republican voters in Vermont backed Senator Jim Jeffords precise ly because they wanted to preserve the Republican majority in the Senate. If they had known he would jump ship, they never would have nominated him. But that's our system - a senator may switch parties for good reason, bad reason or no reason at all. Unless and until the rules are changed, Patrick Leahy is the legiti mate chairman of the Committee on the Judiciary, just as George W. Bush is the legitimate president of the United States. Meanwhile, there's work to be done - unglamorous work. Ordinary criminal cases must be tried. Civil lawsuits must be decided. Judicial vacancies mean judicial delays. And justice delayed, as always, means justice denied. McConnell, Roberts, Estrada and Bush's other nominees deserve a hearing. It's time to roll.

55 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SUNDAY 444,849 MAY 19 2002

111111111111111111111111111111111111111111111111111111111111 Burrelles 5800 QN ,XZ11t 28 . 1 .. . n r The reverse discrimination.___ U \ I dilemma continues:..______._--

t By Gall Herlot agreed vehemently with the majority's naively envisioned that race would be conclusion, judges on both sides in used as a tie-breaker in otherwise close sisted that Powell's opinion in Bakke cases, just as other unusual facts in an The late Justice Lewis Powell was a supported their position. Go figure. applicant's background might be used. man of integrity; his Supreme Court de Only one thing seems certain: Powell But he was not as explicit as he should cisions reflect an unbroken devotion to would have been horrified by the allega have been. principle and good sense. tions of procedural irregularities sur His opinion was thus transformed by Almost unbroken, anyway. He is best rounding the Grutter case. He would zealots into a green light for far more known today for his most ill-<:onceived have known, as Judge Alice Batchelder ambitious plans. Across the country, af opinion - UC Regents v. Bakke, the re wrote in her dissent, that "public confi firmative action programs were rechris verse-discrimination decision that may dence is premised on the certainty that tened "diversity programs" to fit Pow have done more to weaken the integrity the court follows the rules in every ell's opinion. of the law than all his other work did to case." Indeed, Grutter may well be the But diversity was never the point If it strengthen it first case in history in which three fed had been, universities would be beating It's an unhappy legacy for such an eral judges have gone on record to cite the bushes for Afghani monarchists, free ( honest and decent man. But, as the Aus multiple improprieties. marketenvironmentalists and Brazilian trian economistJoseph Schumpeter put But the seeds of this unfortunate situ free masons. But they aren't No atten it, "History sometimes indulges in jokes ation unwittingly were planted by Pow tion beyond that needed for cosmetic of questionable taste." ell himself in 1978. Racial preferences purposes is given to non-racial diversity. A decision last week by the Sixth Cir have exerted a subtle, corrupting influ Moreover, if the educational benefits cuit Court of Appeals-Gruttervs. ence on university admissions of diversity were the goal, universities Bollinger - is the latest chapter of that processes for years. Should anyone be would insist that its students actually unhappy legacy. It's a case much like surprised to learn that influence may be mix. Again, they daren't Bakke. Barbara Grutter, a white, was reaching out to the courts? Separate dormitories, separate stu denied admission to the UllMrsity of dent organizations, separate student Michigan Law School despite having Diversity wasn't the point lounges and even separate graduation strong academic credentials-much Bakke resulted in no majority opinion. ceremonies are commonplace on many stronger than students admitted under Four justices declared that racially dis university campuses. Diversity is simply Michigan's diversity program. There is criminatory admissions pqlicies could a pretext for racial set asides - exactly , little doubt she would have been admit not betoleiw.ed in a nation d'edicated to the kind of thing Powell had rejected. ted had her skin color been different. equal protection under the law. Four jus He had lost control of his own opinion. Unlike Bakke, however, Grutterwas tices considered them benign so long as Such an admissions policy is in told by the appellate court that she had minorities were not disadvantaged. evitably grounded in secrecy and de no grounds for complaint In a 54 deci Powell agreed that Allan Bakke had ceit The heavily racial nature of the di sion that broke down along party lines, been treated unlawfully, but didn't want versity criteria must be downplayed, the Democratic appointees reversed to close the door on race discrimination and the magnitude of the preference the trial judge's decision in Grutter's fa in admissions entirely. must be closely guarded. vor and held that achieving a racially di He suggested that race could be re When a Georgetown University law verse student body is a "compelling garded as a "plus factor" to help in ol> student working in the school's records state interest'' sufficient to justify even a taining the educational benefits of a di office exposed the gap between the aca large gap in academic credentials be verse student body. But he specifically demic credentials of White and African tween students. rejected the notion that preferences American students, he was fired and ef But, while Republican appointees dis- could be used to ensure that a particular forts were made to prevent him from racial group got its "fair:' share of the practicing law in the future. Academics hall seats. who questioned the system, like lino Hertot is a professor of law at the Unjyersjty of - lecture should have known better. He Graglia at Texas, Thomas Sowell (for- San Di~. Powell

56 merly at UCIA) and Stephan Thern breaking) legal maneuvers byTaylor, strom at Harvard -were vilified. whose husband sits on Michigan's This may come to bear in the case of Board of Regents, and her designees Barbara Grutter. The University of that culminated in the issuance of an ad Michigan deputy general counsel in visory opinion designed to strongarm sisted on national television that it was Friedman into giving up the case. "simply not the case" that Grutter was Obviously furious, Friedman refused the victim of race discrimination. to do so. The efforts of his fellow judges Yet Michigan's own data reveal that to cause him to give up "a case properly the odds of a minority applicant being assigned ... by blind draw" were accepted "an af were 234 times that of a non front to the dignity and independence of minority with the same college grades the court and an unlawful intrusion and standardized test scores. upon ... this court's business," he wrote. What makes otherwise decent peo Remarkably, as appellate Judge ple willing to engage in deceit? They · Danny Boggs catalogued in his dissent, convince themselves-wrongly, in my further deviations from procedures oc view-that their support for racial pref curred on appeal. Contrary to erence usual pro programs puts them on the side cedures, Chief]udge Boyce Martin ap of the angels, and that justifies their in pointed himself to the three-judge discretions. Indeed, one of the more panel When his colleagues com prominent student advocacy groups for plained, he initially did nothing. racial preferences calls itself"By Any Martin knew-but had failed to in Means Necessary." ( form the other judges-that the uni Thequeslioniswhethersome members versity had requested the case be ofthecourtmayhavesuccumbedtothein put before the entire court en bane rather toxicatingtemptationto"dogood"aswell. than the usual panel of three. After a few months, two more Repub BendilNJ the rules? lican-appointed judges retired, tem · · The University of Michigan was a for porarily creating a Democratic ,nu'aal,le majority. opponent, but Grutter believed The university's motion then appeared the c()urts would ensure a fair fight It and was hurriedly pushed through, turns out, however, that some of their while Bush's Sixth Circuit nominees procedures were not followed. And it is languished in the Senate. n't just Grutter who thinks so. Several of Were these actions an improper ef the .itefges involved in the case com fort to influence the case's outcome? plained similarly on the record. We may never know. But surely the Coiutrules require thatall cases be as judges involved should have been more signetl to a randomly-selected judge. In sensitive to appearance. Grutq!r's case, that was Bernard Fried And, if it's true that some members of man. Evidently dissatisfied, the univer the court were motivated by a mis sity made a motion to ChiefJudgeAnna guided desire to weigh in on the side of DiggSTaylorthatthe case be reassigned the angels, they would do well -something to re she could have done only member that the job of judging is with diffi Judge Friedman's consent cult enough without adding the impos That started a complicated series of sible task of determining who's an angel rule-}lending (and sometimes rule- and who's not in advance.

57 LOS ANGELES TIMES (NATIONAL EDITION) - LOS ANGELES TIMES Los ANGELES, CA LOS ANGELES, CA MONDAY 5,500 MONDAY 1,058,494 MAY 27 2002 MAY 27 2002

111111111111111111111111111 lllll 1!11111111111111111111111111 Burrelle's l#,.OIIMArtO# 5E11111,c1u 347 QJ . xz1. I 2 ...... Tney got only three blocks. • A terrorist can commit a hor Olivia was shot first. Her body ~ UMN ONE rendous act . . . and Mexico would slumped onto a utility pole as Jes be a haven," said Los Angeles Dist. sica stood beside her, screaming. Atty. Steve Cooley. "It's inevitable. Then the bullets ripped into her. Killers It's happening. It's becoming a ha It took less than a month for Los ven for murderers." Angeles officials to file a criminal One of those, authorities say, complaint charging Juan Manuel may be the rr.an who shot Los An Casillas, Olivia's ex-boyfriend, with Slip Away geles County Sheriff's Deputy Da murder. Casillas, 24, who author vid March last month in Irwindale ities say is a gang member from an and is suspected of fleeing home to affluent Mexican family, reportedly Mexico. Another is a man who al had been furious that Olivia had to~Pco legedly killed a Drug Enforcement broken up with him. Administration agent in Arizona. A few weeks later, law enforce ■ fugitives facing •we have several fugitives down ment officials located Casillas in possible life terms now there who have participated in the Mexico. murder of law enforcement [offi Prosecutors in the Los Angeles are protected from cers] and other serious crimes, and County district attorney's office extradition. One father we can't get them back," said Janet met with the girls' parents and ex Napolitano, Arizona's attorney plained that Casillas most likely wenf south to s his general. "It's a total disaster." would remain south of the border. Although the Los Angeles dis Gil Garcetti, who was then district 9wnjustice. '-// -furJ trict attorney's office does not have attorney, refused to waive the ~;~~ \ ~t'.) l:ll an exact figure, officials estimate death penalty at the outset in any By JES AGARRISON that more than 60 suspected killers case, saying it would set a bad pre TIMES STAFF WRITER from Los Angeles County are in cedent. Mexico, along with countless more Another option for Casillas was Saul Zavala tucked a gun into fugitives suspected . of rape, child prosecution in Mexico. his Levi's and drove for hours up Under molestation or attempted murder. provision of Mexico's treaty wit and down the hot, dusty streets of Some 'have been picked up and the United States, a tiny Mexican village, studying boxes of evi prosecuted in Mexican courts, but dence from the United States can each face he passed. others remain free. If U.S. and Mexican law enforce be tran~ted into Spanish and Earlier this year, all 50 state at shipped outh. Mexican official ment authorities would not punish torneys general signed letters to his daughter's killer, this grieving say that s· ce 1993, more th~ 150 U.S. Atty. Gen. John Ashcroft and U.S. crimin shave father from Lynwood felt he had been convicte Secretary of State Colin Powell under such 'circumstances, 109 o no choice but to cross the border pleading with them to negotiate a and "make justice with my own 'them from California. solution to the extradition prob But California officials say tha hands." lem. The letter warned that Mexico The man he believes shot his has created "a dangerous incentive many of those convicted in Mexico daughter is among scores of Los for people to commit grievous receive light sentences, and that Angeles County murder suspects ~ Please see FUGITIVES, AS some cases just seem to vanish, who have sought refuge in Mexico. umnnued from Al r1 said Janice Maurizi, director of That government has long refused crimes and escape" and that if ter branch operations for the district to extradite anyone who may face rorists involved in the Sept. 11 at attorney's office. the death penalty in the United tacks were found there, even they That possibility wasn't accept States. Recently, the Mexican Su could not be extradited unless the able to the Zavalas. preme Court extended that protec United States agreed not to sen "I want him here. He did it tion to fugitives who may face life tence them to life in prison. here," Zavala said. "I am from in prison, provoking outrage Zavala has put a face-a sad, Mexico. I know Mexico. If his fa among law enforcement officials in haunted face-to the problem. ther pays the money, he'll get out several border states. Cooley calls him a symbol of the Mexican officials say the policy policy's injustice. right away." arises from a philosophy that Zavala's anguish began the June Meanwhile, without an agree criminals should be rehabilitated, morning three years ago when his ment to waive the death penalty or not locked up for life or killed, both daughter Jessica, 15, and her a request from Los Angeles author of which they consider cruel and cousin Olivia, 17, were gunned ities to go forward with foreign unusual punishment. down. prosecution, Mexican authorities But for many U.S. authorities, The inseparable cousins, who did not arrest Casillas. It took Los their neighbor's refusal to P.xtra both dreamed of becoming soap Angeles officials nearly a year after dite means that criminals are liter opera stars, had set out together on the killings to ask Mexico to begin ally getting away with murder foot that Tuesday for Lynwood a foreign prosecution of Casillas. and flouting the U S. justice sys High School. The ' thought of him riding tem. horses on his family's ranch near 58 Guadalajara tormented Zavala. The town plaza in Ayotlan, and the sun cia-Villalobos said. "The penalty obsessed father made frequent was beating down. The two men should help rehabilitate them in or visits to the district attorney's of had guns, once used for hunting, in der to reincorporate them into soci fice, carrying a white plastic photo their waistbands. They carried pic ety. If the requesting country album devoted to Olivia and Jes tures of Jessica and Olivia as well doesn't give a less-serious punish sica and begging Garcetti to waive as a sketch of Casillas. ment, we cannot extradite." the death penalty and bring Casil They approached merchants and But he added that Mexican offi las back. shoppers. Had they seen this man, cials were committed to working With each refusal, Zavala grew or anyone in his family? with their U.S. counterparts to put angrier. Once, after a chance meet They found Casillas' house, but criminals where they can't hurt ing with Garcetti at a march for no one was home. Finally, they people. victims of gun violence, he drove home. The next day, Zavala "These days, if we don't join screamed at the prosecutor until wanted to return to Casillas' house, forces, we cannot fight these guys," friends pulled him away. but Olivia's father refused. he said. "These guys do not have Finally, Zavala said, one of Gar Thank God, Zavala now says. borders." cetti's secretaries took him aside "I was going to do something By international human rights and whispered that he should go terrible there," he said. "Even if I standards, Mexico's position on the see Cooley, who was then challeng saw his mom, or his sister ... I was death penalty is consistent with ing Garcetti for the district attor- doing something terrible."Last fall, most of the rest of the world, esp ney's job. - a few months after that clandestine cially Europe, said Jorge Vargas, Cooley seemed the answer to Za trip, Casillas was arrested at a gas an expert on Mexican law at the vala' sprayers. He met with Zavala, station in Mexico City as he filled University of San Diego .. looked at Jessica's photographs, his car to flee to Veracruz, officials While not defending the Mexi and vowed to get Casillas extra there say. American officials can system, Vargas said the United dited if he won the election. quickly moved to have him extra States "is exactly the same when it Zavala, who had never been in dited, and the Zavalas began to comes to the death penalty as Sad volved in politics, began organizing prepare themselves for the bitter dam Hussein and Iraq. We're one marches and parties in support of sweet victory of facing their of the few countries in the world Cooley's campaign. He went on daughter's killer in court. with the death penalty." Spanish-language radio stations Then, on Oct. 2, the Mexican Su This reasoning makes U.S. pros and told the story of his daughter's preme Court issued a one-page rul ecutors crazy. death, urging people to vote for ing that dashed their hopes. Life "Let's talk about justice," Cooley Cooley. A month after taking of without parole is not rehabilitation, said. "Not someone's view of hu fice, Cooley kept his promise, send the court ruled. Casillas' extradi manity. The murders occurred ing a letter to Mexico promising tion was denied. Other suspects here. We get to set the standards not to seek the death penalty in sought in California and other bor of justice in our community. The Casillas' case. der states also had their tickets [Mexican] Supreme Court should For Cooley, it was to be a new back to the United States canceled. not be interfering with the sover era for justice in Los Angeles. Hun The extradition picture was fur eignty of the United States." dreds of victims' family members ther complicated last week. A Meanwhile, this spring the Mexi across Los Angeles County could Mexican federal tribunal ruled that can government began prosecution prepare for the closure of confront drug kingpin Jesus Amezcua, of Casillas, which rrieans he could ing perpetrators in court. But by wanted in San Diego, would not be not be prosecuted here even if he then, Casillas' trail had grown cold, extradited, even with the U.S. did return. and Mexican authorities said that guarantee at he would not face a For Zavala, this is a torment. they couldn't find him. possible lif term, indicating that Even though he can think of no so About this time, Zavala and his the assuran e wasn't sufficient. lution, anymore than prosecutors wife, Petra, visited their hometown Maurizi, om the Los Angeles can, he won't give up. in the Mexican state of Michoacan. County dis rict attorney's office, "I promised her that it's never One morning before sunlight, with said that d ision "just makes an going to stop until I make justice out a word to his wife, Zavala rose. impossible s tuation worse." for her," he said. With his brother-in-law, Olivia's Jorge G cia-Villalobos, a fed Jessica's mother, agrees-to a father, he made the three-hour eral prosec or with the Mexican point. drive across the hills to Jalisco. Af attorney ge ral's office in Los An "Here is where he committed the ter getting a tip from a woman who geles, said exican legal author murders," Petra Zavala said. "But if had heard Zavala speak about his ities haven't yet figured out if the they bring him here, or don't bring plight on the radio, they thought ruling will h e broad application. him here, still, my daughter is not they knew where to find Casillas. "We hav to understand that It was early aft1ernoon when Mexico and e United $tates have here."Times staff writer Hector Becer- )' their battered truck rumbled to the two differen.1 legal systems," Gar- ra contributed to this story. r-. --

59 jlNDIAN VOICES 4 Indian Tribal Sovereignty Explored Mark C. TIiden, a staff attorney from the Native American Rights Fund in Boulder, Colorado, and a San Diego lawyer specializing in American Indian law were featured speakers when the University of San Diego School of Law convened < a legal issues workshop ) on April 18. ------ Organized by Professor Nancy Carol Carter of the law school, A Nations Within: Aspects of Tribal Sovereignty was one of the educational offerings at USD's 1st American Indian Celebration. American Indian tribal sovereignty and self-government, Tilden explained, pre-date the United States Constitution. Indian nations were independent before European settlement of the continent. From the earliest days of our republic, the federal government legally recognized ttibal powers of self government through court decisions, federal policies, Congressional enactments, and the hundreds of Indian treaties that remain the law-of the land. Tribal governments continue co be a national force, despite adversities such as widespread reservation poverty, political isolation, and hardships resulting from broken treaty promises. Recent federal court decisions muddy some once-clear areas of tribal independence. Tribal exercise of powers can lead to frictions with state governments. Colin Cloud Hampson, of the law firm Sonosky, Chambers et al., offered some specific examples in his talk on the special state and federal tax issues arising in

Fund Law Professor Nancy Carol Carter andMark C. Tilden, a staff attorney from the Native American Rights made presentation 60 WALL STREET JOURNAL WALL STREET JOURNAL WALL STREET JOURNAL -I (') )I,, (EASTERN EDITION) (EASTERN EDITION) (EASTERN EDITION) :z: ffl r- C z r- CHARLOTTE, NC :E :Ill n -- WASHINGTON, DC IIA CHICOPEE, > Cl) r- -fen THURSDAY 858,635 THURSDAY 858,635 THURSDAY 858,635

( The Reactiot to Duncan What are experts in I wand accounting saying about the testimony of David Duncan, the former Arthur An ersen partner who was in charge of the Enron account? Below, excerpts from a Wall Street Journal Online roundtable. For more, go to WSJ.com.

"It was for the lawyers to say whether Enron's disclosures were in accordance with law, not for Enron's accountants." Susan Koniak, legal ethics specialist, Boston University law school

"Duncan's testimony, thus far, appears to be tremendous for the government. As a matter of law, his admission tliat he destroyed documents knowing of a pending SEC investigation is enough to convict Andersen of the crime with which they have been charged.'' Stan Twardy, criminal defense attorney and former U.S. attorney for Connecticut

"In sum, so far we are left with a witness doing his best to support the government's case (and thereby avoid jail time). but not offering testimony that fits the government's charges under the relevant statute. The jury may very well convict Andersen, but ~ based on the evidence so far it would be well within Fbrmer Arthur Andersen partner the bounds of the law to acquit. Even if convicted, David Duncan, left, arrives at the Andersen will have a strong argument on appeal, federal courthouse in Houston based on the relatively narrowly circumscribed law last week with his attorney Sam the government chose to use in this case." Seymour for the accounting Frank Partnoy, professor of law, firm's trial on an obstruction Unive[§Jtx, of San Diego of-justice charge.

62 DAILY COURT REVIEW HOUSTON , TX TUESDAY 3 , 000 MAY 14 2002

I IIIIIII IIIIIII IIIII II IIIIIIIIll lllll lllll lllll 11 11111 111 111 BurreJJes ~ L315 ,,,,.OttMArta• SHIIIU• l HB t xz3. c 11 l g .. .. IIJ.'' ~J:~~ :: , .i And lc:1st wi::ek, the industry's cre cibility received :rncthe~ :1 l ~l-1:L/ : , crippling blow with federal regulators releasing Enron : ~ Rellant ,CODIISSiDD sballes credibllhV :; memos outlining trading strategies with names like "Death \J , • : i Star" and "Fat Boy" used to manipulate supplies and boost . Reliant Resources lnc.'s admission Monday that it engaged irr ! profits. ; sham electricity trades to bulk up its market status dealt an~ ; I other blow to the already shaken power industry and raised j Industry experts said pre-arranged deals such of those conducted 1new questi!Ms about just how widespread such practices might j by Reliant Resources have long been forbidden on a regulated be. 1 exchange such as the New York Mercantile Exchange. Their legality in the less regulated world of the wholesale power trad •we certainly have heard rumors of it before, but we have l: ing was, however, less clear. never seen anyone admit to it. It certainly could be wide-. :. spread," said analyst Robert McCullough of Portland,: ; Over-the-counter electricity trading was specifically exempted : Oregon-based power industry consultants McCullough: ,i from regulation by Congress under December 2000's Commodity · Research. :: Futures Modernization Act. 1 I j 'We have seen the utter demise of the industry leader and how: l "Most of the market for electricity trading is deregulated. There many of their numbers do you believe? Certainly we are getting: ;· are different pockets of it that are under different jurisdiction. ( quite suspicious," he added. \ ! But in general, over-the-counter trading of el tricity is exempt , l from regulation," said Frank Partnoy, San Die o Universit law Houston-based Reliant Resources said Monday it arranged '. ( professor and derivatives specialist. with other power traders to buy and sell power to each other; i at the same price - called wash trades - to inflate rev-i • "The SEC (Securities and Exchange Com enue and the create the impression they own a bigger mar-; f these companies because it regulates their fina ket share. ; : ... But it doesn't have anything to say about 1 : practices." The company said it conducted most of the deals with Dearborn, I: Michigan-based CMS Energy Corp., which Friday said the U.S.! : But energy traders said any reputable accounting firm Securities and Exchange Commission was investigating similari: likely refuse to record revenue generated by wash trades if u deals it conducted with another of the industry's leaders, Hous- . covered in the company's books. ,. .ton-based Dynegy Inc. Reliant Monday said it did similar deals with Encana Energy j~ spokeswoman for a~other industry leader, Tulsa, Okla __ i' Services, a unit of EnCana Corp., Public Service Co. of Colo based Williams Cos Inc., said her company was "not vol- : rado, a subsidiary of Xcel Energy Inc. and privately owned Mer unr~ driven" and the possibility it engaged in such deals was : chant Energy Group of the Americas. "prettt.y slim." ' ·, ; Minneapolis-based Xcel said in a separate statement on Mon- We are'~rtainly looking at all of our past trading reports just to ; day it had received a total of around $110,000 in 1999 and 2000 ensure that it has not happened," said spokeswoman Paula Hall- , for engaging in such deals. Collins, noting that if any irregular(ties were found, they would · be dealt witltdecisively. : San Jose, California-based Calpine Corp., which owns a grow- . l ing fleet of power plants, firmly denied Monday it had ever en- The bankruptcy of industry leader Enron Corp. last year was l gaged in such transactions. , accompanied by a host of questions about the accuracy of fl- j1 . 1 nancial statements, with hundreds of partnerships used to move I "Calpine did not. We have no incentive to. Our primary business debt off its books and enhance profits. : I is power generation (not trading),• said spokeswoman Katherine · : Potter.\ By Nigel Hunt

63 SACRAMENTO BUSINESS JOURNAL gipal Board wants SACRAMENTO, CA WEEKLY 15 , 712 MAY 24 2002 malpractice settlements posted online

KATHY .ROBERTSON/ STAFF WRITER Talk of clisbanrung me· board ts off the The sta_te Medical Board, on the hot table, she said, because all the players are seat as legislators debate its future wants now focusing on the same outcome. to put malpractice settlements b~ Cali 'The bottom line: Bring information to fornia doctors online. consumers about physicians," Sen. . D?ctors detest the idea, saying the pub Figueroa said, "so consumers can make lic disclosure could ruin their careers. the best decisions about the health of their Insurers fear an end to money-saving set- families." tlements. But the reform is needed to tell More complaints, fewer charges: In the families information they deserve to know fiscal year ended June 30, 2001, the latest said s~te Sen. Liz Figueroa, the Fremont figures available, the Medical Board Democrat whose bill would make the received 10,899 complaints, a record. change. That's up from 10,445 in fiscal year 1999 The policy shift is coming as part of a and 10,751 in 1998. big fight in Sacramento this spring over Simultaneously, the board filed 259 the future of the Medical Board of Cali- accusations or charges against doctors in fornia, an independent state agency that .fiscal 2000, down from 290 in fiscal 1999 licenses and polices more than 109 000 and 392 in fiscal 1998. The board suspend doctors licensed to practice in Califo~a. ed or revoked licenses for 88 doctors in fis Critics complain the board doesn't go far cal 2000 while their cases were investigat enough to protect patients from bad doc ed, down from 122 in 1999 and 125 in 1998. tors. Physicians counter that current Too many cases are closed without enforcement is arbitrary and weighted investigation, and 65 percent of people who ( against them. file a complaint with the board are dissatis . Earlier this year, there was talk of scrap fied with action taken, according to legisla ping the agency and transferring authority tive staffers who did their own investiga over doctors to the Department of tion of the board. Further, public information C~nsumer Affairs. But the momentum has about physi cians who have paid significant s~d to Fi~eroa's Senate Bill 1950, sums to which would give the Medical Board more settle malpractice complaints is kept secret teeth, monitor how it does, and make more from patients - even though hospitals, medical groups and malpractice insurance information available to the public on the companies all demand the information as a agency's Web site, www.medbd.ca.gov. prerequisite of do~ business with a doc- The s~te'~ current policy on disclosing tor, the Joint Legislative Sunset Review malpra_ctice, m effect for 10 years, is to Committee concluded. report Judgments but keep settlements pri The state ranks 25th in the nation on vate. the basis of serious disciplinary actions by Doctors and the California Medical its Medical Board per 1,000 doctors in Association, the powerful trade group that 2001, according to the Washington, D.C.• represents them, say they settle disputes based Public Citizen's Health Research for many reasons that have nothing to do Group. That's down from No. 19 in 2000 with guilt - and argue that expanded dis and No. 20 in 1999. closure could kill their careers, increase the cost of healthcare and make it difficult What the bill would' do: SB 1950 would to get physicians to practice in the state. keep the Medical Board going for two Malpractice insurers, who rely on set more years. 1\rnong other changes, the bill tlements as a cheap and speedy alternative would: to jury trials, are out to squelch th~ move. • Disclose the number and amounts of ~B 1950 stems from hearings the medical malpractice settlements over Legislature held to review the Medical $30,000, with comparisons to the average Board's function and performance before number of settlements for each specialty authorizing its continued operation. Figue and subspecialty - and information about roa wrote the bill in response to allegations why lawsuits might be settled for reasons that few of the 10,000.plus complaints not related to the charges. re<:eived by the board each year lead to any • Disclose a board investigation at the ac~on against doctors. The bill was waiting point when the board has asked the attor action on the Senate floor at press time. ney general to file an accusation...... 1• . , 64 Under SB 1950, The settlement would • Automatically revoke a phys1c1an's be disclosed to the public when the Medi license ifhe or she has been found guilty of. cal Board heard about it more than a year sexual abuse or sexual contact with a ago. patient. • Appoint an independent program How doctors see it: Wait a minute, doc enforcement monitor to evaluate the tors say. Bad doctors need to be disci board's disciplinary system. plined, but broad disclosure of settlements • Increase the penalty for practicing sweeps a lot of other folks into the ·trash without a license. bin. • Assess a :financial penalty for physi- The change won't prevent bad medi cians involved in fraud. cine, but it will drive up insurance rates • Add two more public members to the and make it more difficult to attract doctors 19-member board. to California, said Bill Sandberg, executive "like any bill, we continue to negotiate director of the Sierra Sacramento Valley and try to find middle ground," Figueroa Medical Society. said. "I believe the CMA finally sees some "It's going to be a real problem, mostly thing needs to be done in this area. W:ill because people settle for a variety of rea they get everything they want? I doubt it. sons. These are different from judgments, Will we? I doubt it" where they were found at fault," Sandberg said. "Often those who get sued the most Internet inspired a fresh look: Increased are those who take the most difficult use of the Internet makes it possible for cases." people to get access to a lot more informa Neurosurgery, obstetrics and misdiag tion than ever. That caused rethinking at nosis of cancer top the list of malpractice the Medical Board - before the matter , lawsuits, Sandberg said. came up in the Legislature - about what Dr. James Affleck, a retired ob/gyn who to disclose to the public. worked for MedClinic Medical Group for "Obviously, ifwe have information avail 32 vears, has seen ·, ,n. He sat on the able to help patients make decisions about NorCal Mutual their doctors, the board wants it rel~sed," -~-That's the com said Dave Thornton, the agency's director vhich cases are defen of enforcement. go to trial - and which "It's a great idea; we've been fighting for this for 10 years," said Julie D'Angelo- --rr.rCal i:· also one of the insurance Fellmeth from the Universi of San companies that has filed a lawsuit to stop Diego's Center of Public Interest Law. In disclosure of malpractice settlements. In · 1993, the board agreed to disclose mal- March, a Sacramento Superior Court judge practice judgments, but not settlements. issued a temporary restraining order to block their release. The Figueroa bill "Since then, there haven't been 1-)ardl seeks to change that. any judgments," D'Angelo-Fellmeth said. "There are so many factors that go into "Doctors have gotten together with a settlement," Affleck said. "To the layper lawyers to settle charges and avoid report son, the allegations will look horrible. ing them." They'll see the money paid and make a In 2001 there were 1,300 malpractice judgment about their doctor." reports, she said, and 50 judgments. Bottom line: A trial costs roughly In one case, the Medical Board was $50,000 a wee~, he said. alerted in April 2001 that a Fremont doctor ''You have to put that into your comput had paid money to settle a case and decid er because insurance companies are trying ed to investigate. A formal accusation was to protect assets," Affleck said. "Is there filed early this year that asks for suspen negligence? Did the doctor not meet the sion or revocation of the doctor's license standard of care? If so; did that actually but the case has not yet been resolved. cause the problem? There can be negli The patient in this case was born in gence in one part of the case that has noth 1997. The doctor noticed "slight jaundice" ing to do with the plaintiff, but a good plain in an otherwise normal physical and onl1 tiffs attorney will find it and you have to routine lab tests were ordered, cou put that into the formula, too." records sh~w. The mother was told to fee Some doctors don't make good witness the baby regularly and expose him to sun es. Some are too arrogant. Others find the light. There were a number of exchanges whole process too emotionally draining. between the family and doctor over the The stakes are high when lawyers bring next few days. A rash developed. There patients, especially babies facing a lifetime was a lengthy bout of crying. of special care, before juries. The baby was brought to the emer Affleck settled a case of his own some gency room when it was six days old with 30 years ago. a fever and yellow skin. He was transferred to a special-care nursery at Stanford Medical Center. He survived, but suffered_ hearing loss and brain damage. The Medi cal Board concluded the doctor was gross 65 ly negligent in failing to fully evaluate the signs of jaundice present at ~irth. _ It involved sterilization of a woman. She signed an informed-consent form that acknowledged sterilizations don't always work. There were some special circum stances; she'd already had an operation on one of her tubes. A year after Affleck per formed the procedure, the woman got pregnant. She sued for "wrongful life." "We felt we'd done nothing wrong," said Affleck of himself and his assistant. The insurance company agreed and the case went to trial. The plaintiff and her attorney came up from Los Angeles for testimof.ly · on a Thursday and Friday. The plaintiffs attorney approached Affleck on Friday afternoon saying he and his client didn't want to go back to court on Monday, and would Affleck agree to settle the case for $20,000 or $30,000? "Nobody wanted to continue with it. We could get out of it cheap - it would cost more to even go on with the trial," Affleck said. "It would not be reported. Who would ever want to come to me after a failed ster ilization?"

66 PAGE 2 1ST STORY of Level 1 printed in FULL format.

MAY 12, 2002, SUNDAY, FINAL EDITION

SECTION: NEWS; Pg. Al

LENGTH: 898 words

HEADLINE: Opening doctors' records gets OK;

Medical Board votes to support new bill

SOURCE: Chronicle Staff Writer

BYLINE: Todd Wallack

BODY: Under increasing fire for keeping complaints and legal actions against doctors secret, the Medical Board of California voted unanimously Saturday to push for legislation that would make the board's records of medical malpractice settlements available to the public for the first time.

The Medical Board also voted to inform the public of criminal misdemeanor convictions and other public records that could be related to a doctor's care, such as whether a doctor is registered as a sex offender. The board also decided to make investigations public when they are first referred to the state attorney general for possible prosecution, instead of waiting for the attorney general to file a formal accusation.

"It's a very significant step," said Dr. Alan Shumacher, a former president c )th the Medical Board and Federation of State Medical Boards . "I applaud the board and will applaud even louder if the Legislature goes along with it."

The move comes four months after The Chronicle reported that the Medical Board sometimes gives doctors clean bills of health -- even when juries levy multimillion-dollar verdicts against them for harming patients. The board also currently keeps secret misdemeanor convictions, complaints and malpractice settlements.

Prompted by The Chronicle's story and a wave of newspaper articles that followed , the state's Joint Legislative Sunset Review Commi t tee, which was already in the process of reviewing the Medical Board, voted on May 1 to craft legislation that would require the Medical Board to disclose some settlements, misdemeanors and other data.

In a recent interview, state Sen . Liz Figueroa, D-Fremont, who chairs the committee, said she has been pushing to make settlements publ ic for the past five years.

"We have to empower consumers to make the best decisions. We need to provide them with accurate information," she said.

MORE MALPRACTICE INFORMATION

67 PAGE 3 The San Francisco Chronicle MAY 12, 2002, SUNDAY,

But the board's vote Saturday went further than the committee's recommendations in one respect. The board decided to make public all malpractice sr~tlements in its files since 1997, rejecting the committee's proposal to .ase settlements only when a doctor had three or more worth over $30,000 each in a 10-year period or a single settlement of more than $150,000.

Initially, the board only wanted to release the information when there appeared to be a pattern or a large enough settlement to indicate the suit probably had some merit. But in the past few days, board members decided that the cutoff figures were "arbitrary."

Instead, the board decided it would be better to release all the suits and try to put them in context by explaining that doctors in some specialties draw more lawsuits than others.

The legislation is likely to face fierce competition from medical insurers and the California Medical Association, which represents 34,000 doctors in the state.

DOCTORS DISPUTE DISCLOSURES

Earlier this month, CMA officials testified that it would be unfair to doctors to make settlements public, since physicians are sometimes forced to settle groundless suits because it is cheaper than fighting them.

"It would be an outrageous violation of any American's constitutional right of privacy, including physicians, if a public agency could ruin a career by disclosing unproven, speculative information that drives patients away," CMA President Dr . John Whitelaw testified at the May 1 hearing of the legislative review committee.

3ut Saturday's decision to make all settlements public caught the CMA by surprise.

"This is a new development," said CMA spokesman Peter Warren, reached at his home. "Our leadership will need time to digest it."

OPPOSITION FROM INSURERS

Insurance companies have also lobbied to keep settlements secret, arguing that making them public might discourage doctors from settling suits and drive up litigation costs and insurance premiums.

Earlier this year, a coalition of insurers went to court to obtain a temporary injunction blocking the Medical Board from releasing records of thousands of malpractice settlements requested by The Chronicle under the Public Records Act, arguing that the law currently requires them to be kept secret.

Julianne D'Angelo Fellmeth, administ~ative director of the Center for Public Interest Law in San Diego, has been pushing the Medical Board to make more information public . <______; )

At the committee hearing in Sacramento earlier this month, Fellmeth warned that patients could die if the state insists on hiding possible problems about doctors while taking years to investigate complaints . "The system is

68 PAGE 4 The San Francisco Chronicle MAY 12, 2002, SUNDAY, unacceptably flawed," she said.

Fellmeth also pointed out that insurance companies insist on seeing :lement records before deciding whether t o issue a doctor a policy, and hospitals review the same records when deciding whether to give a doctor privileges . She contends it makes no sense to deny patients the same information.

Although the Medical Board has historically favored keeping settlements and other information confidential, the board membership has changed dramatically in the past few years. Most of the members have been on the board for less than two years.

"This is a new board," said Candis Cohen, the board's spokeswoman. "The new board recognizes that the public wants more information."E-mail Todd Wallack at [email protected].

LOAD-DATE: May 12, 2002

69 SAN DIEGO DAILY TRANSCRIPT SAN DIEGO , CA WEDNESDAY 10 , 500 MAY 1 2002

This fall, the USD School of Law's Pardee Legal Research Center will celebrate the addition of its 500,000th volume. First-rate faculty The USD School of Law enjoys a long tradition of sup porting talented, energetic and innovative teacher-scholars . • Faculty members author signifi ( USD School of La • cant books, treatises and arti cles on a vast range of legal • topics, and participate regularly in national and international Committed to aca academic conferences. In a recent ranking of law fac ulties, USD is listed among the top five law schools in the excellence, public nation in the teaching of crimi ~1~4 The USD Sc ool of Law 1s nal law, and among the top nine By GEORGE DECKER regarded as among the finest in jurisprudence. USD's law University of Son Diego School of Law private law schools in the faculty is also ranked 13th An outstanding center of legal western United States. For nationally in per capita author education with a distinguished example, in the last administra ship of books and 19th nation faculty, a talented student body tion of the California bar exam, ally in per capita scholarly and a dedication to innovation, USD's passage rate for first-time productivity. the University of San Diegp takers was tied for second in the On Jan. 24, 2002, Prof. Frank School of Law is committed to state, and only behind Stanford's, Partnoy, who joined USD's law both academic excellence and among private law schools. faculty in 1997, explained to the service to the community. The law school's 1,100 stu U.S. Senate how the misuse of "Our vision is to be among the dents share superb credentials, derivatives helped lead to the very best at the important task intellectual curiosity and a com collapse of Enron (Pink Sheets: of educating lawyers in this new mitment to learning the law. ENRNQ), when he testified century," said Dean Daniel B. The demanding but welcoming before the Senate Committee on Rodriguez. "Even more ambi environment of the law school Governmental Affairs. His testi tiously, our objective is to train emphasizes individualized edu mony was broadcast live on C future leaders of the profession. cation. The USD School of Law SPAN and the MSNBC Web site, This leadership will include not is a worldwide leader in gradu and garnered widespread cover only great technical legal skills ate legal education, with nation age in the national news media. but also ethical behavior, cre ally recognized programs in ativity and a commitment to taxation, international law, Public service public service." business and corporate law and USD School of Law's clinical criminal law. It is also a member programs and research and of the Order of the Coif, the most distinguished rank of 70 American law schools. advocacy centers give students practical experience while Pardee Legal Research Center serving the community. celebrates 500,00oth volume The law school's Clinical The law school's state-of-the- Education Program is

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653 653

902 902

361 361

317 317

273 273

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629 629

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by by

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ABAandMLS

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WASC WASC

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ln1emat,onal ln1emat,onal

lnternallonal lnternallonal

civil

Cen1er Cen1er

Advocacy

Law

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chidren

Summer Summer

Review; Review;

part

Graduale Graduale

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and and

Four Four

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c,,m,nal

time

Children

SCHOOL SCHOOL

for for

public public

: :

lo, lo,

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Moot Moot

and and

programs programs

Rasolution

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race race

Preventative Preventative

law law

evenings

(LLM) (LLM)

McG,I McG,I

In1allet1ual In1allet1ual

skiNs skiNs

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Law Law

Innocence Innocence

Abroad Abroad

programs

a a

envronmental envronmental

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s s

journals

Coort Coort

thao,y

SCALE SCALE

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R,ghls R,ghls

Elder Elder

Symposllm

and and

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Special Special

law/chnie

programs programs

111 111

; ;

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four

& &

Cancer Cancer

GuanaIuato

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trial trial

Buenos Buenos

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business business

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year

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Law Law

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Assistant Assistant

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Traci Traci

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Gary Gary

Danny Danny

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Susan Susan

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Robert Robert

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INDEX INDEX

Leathers

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Professor Professor

Assoc

Development

Career Career

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Professor Professor

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J. J.

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Carol Carol

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~~1971 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA TUESDAY 374,133 MAY 28 2002~~

11111111111111111I lllll llll lllll lllll 11111111111111111111111 Burrelles IN,OIIIIAATIO# SElllflCE~ 580 QN .n1u 26 .. .. . x Mayor's 3 children disagree on the allure of public office stay in Northern California af- tell me about his (environmen Th~y're divided by ter getting married in August. ta]) accomplishments," she their politics, too Her :fiance has a master's de- said. 'Tm proud of him for it." gree in horticulture and is For relaxation, she said, she By Ray Huard studying for his doctorate. recently took up crocheting STAFF' WRITER "Southern California is too and sewing. The 1994 graduate conservative and crowded," she of Patrick Henry High School San Diego Mayor Dick Mur said. said her career goal is to teach phy's three adult children think The mayor disagrees. with her husband-to-be at a uni- ( their father's just grand. "Don't tell that to the people versity. Yet when it comes to politics, in Indiana, that Southern Cali- Brian Murphy, who is study well, there are some differ fornia is too conservative," said ing for a law degree at the Uni ences. Murphy, a Midwestern native. versity of San Diego, said his For starters, son Brian, 30, "My perspective of people who political outlook is closer to his and daughter Shannon, 26, said live in Southern California is father's than it is to that of his they don't see the attraction of that they are open-minded and sisters. holding public office. politically moderate, and so I Still, he said, "I'm not plan "I don't think I'd like that wish Shannon would change ning on running for office. I'm much attention. I'm more of a her mind and move back to San just trying to get through law private person," said Shannon Diego." school" Murphy, who is working to Shannon Murphy, an out- He lives at home and works ward a master's degree in ecol doors enthusiast who has an part-time as a claims represen ogy at UC Davis. undergraduate degree in biolo- tative for Progressive Insur She and her sister, Kelly, 23, gy from UC Berkeley and is ance while attending law also said the mayor's politics doing field research on sudden- school. He said he becomes are a little too conservative for death syndrome in oak trees, annoyed from time to time at them. said she finds the environmen- newspaper and television re 'They said that?" asked an tal activism of Northern Califor- ports about his father. amused Dick Murphy. nia more to her liking. She said "I get a little irritated," he Yes, they did. she considers her father a said. "Sometimes I feel that the 'Tm much more liberal than strong advocate for environ- press doesn't focus on the posi he is on a lot of things," said mental protection. ' lives of what he's doing; they Shannon Murphy, who plans to "He's always very proud to . focus on the negative things."

74 Sometimes, he said, he is downright mystified by what he reads and hears. 'There was something in ~e paper that said he was running for governor in 2006," the mayor's son said. 'That's the first I heard of it . . . When I came home, I said, 'So, you're ' running for governor.' He isn't" Becoming a lawyer has long been his ambition, although not necessarily to follow the path of his father, a former judge. "Ever since I was a little kid, I wan.ted to be an attorney," he said, adding that it has taken Shannon (from left), Brian and Kelly Murphy chatted'recently In him a few years to focus on the their parents' home. Only Kelly said she wouldn't rule out a run goal. for office someday. Sandy Huffaker ( ''When I graduated from un dergraduate school I wasn't prepared to go into it. I think I Kelly Murphy, soon to grad ty. She also works part-time at needed some time off from uate with a sociology degree California Pizza Kitchen in Los school," said Brian Murphy, from UCLA, is planning a sum Angeles. who holds a bachelor's degree mer jaunt through Europe with She said she has put out a in history from UC Riverside. "I her roommate. few feelers, looking for full-time don't know that when I was 23 "I want to eventually be a work after graduation, but is years old I had the maturity to high school teacher," she said. putting off a determined job go to law school." ''I'd love to be a coach, too, in search until she :finishes her Of the three Murphy chil high school." summer travels. dren, he said, he was the most A teaching career would fit "I just can't get too serious rebellious. Mostly, he said, that right in with the family tradi about it when I'm going to be was evident in the B-plus aver tion, Dick Murphy said. His fa gone for two months," she said. age he carried, in contrast to ther and mother were teachers, She matched her brother the A-pluses of his sisters. as was one grandfather, he and sister by being big on He said he is an exercise buff said. sports while growing up. who climbs Cowles Mountain Kelly Murphy, who is minor several times a week and plays ing ll1 child psychology, works guitar to relieve stress. He's al part-time as a volunteer in a Ray Huard: (619) 542-4597; so a big Padres fan. day-c e center at the universi- [email protected]

~~75 SAN DIEGO DAILY TRANSCRIPT Commercial SAN DIEGO, CA REAL· ESTATE FRIDAY 10,500 MAY 24 2002 Developer proposes simulated surfing for Belmont Park~~

By THOR KAMBAN BIBERMAN already operating in Durbin, South Africa, San Diego Daily Tronscript and soon to be run ning in Brazil - to San Diego. A San Diego native who has While surf generating developed simulated surfing machines are nothing new - parks all over the world has Tempe, Ariz. has had one for acquired the lease to oceanfront more than 30 years - the Belmont Park and plans to devel FlowRider system is a bit differ op a similar project there. ent. Whereas the Tempe wave Thomas J. Lochtefeld, who machine generates actual waves, created the Raging Waters theme FlowRider pumps water with parks, became the sole leasehold submersible propellers over a er for Belmont Park this week sheet of stationary, padded fiber with the intention of resurrecting glass. The resulting ride, that the Mission Beach facility. , ( Lochtefeld likens to riding a Funding for the acquisition mountain, enables riders to slide was provided by I.a Jolla Loans down, carve a turn, and ride back Inc., a private mortgage lender. up the simulated wave's surface. The terms of the lease purchase Lochtefeld said he also plans to were not disclosed, but about 36 add at least two restaurants. years remain on the lease. Other proposals include exhibits Lochtefeld plans to bring his on how surfboards and tlow Wave Loch FlowRider system - boards, which have no fins, are - made, a variety of retail shops, an interactive facility and a live pro duction studio. Lochtefeld would like to see more surf and beach shops in the Belmont's footprint that could even surround a sort of river ride at some time in the future. Belmont Park, which was first created by sugar king John Spreckels in 1925, has had more than its share of difficulty over the years. The famous Giant Dipper roller coaster has had to be renovated more than once. The last time was in the late 1980s.

~~A San Diego native who has developed simulated surfing parks all over the world has acquired the lease to oceanfront Belmont Park and plans to develop a similar project there. (See top stocy)~~

76 The !'Junge, the mdoor swim ming pool and another signature part of the park, has been alter nately opened and closed and opened again over the years. Lochtefeld said there is no ques tion that The Plunge needs improvements, but isn't quite sure what they will look like. Ideally, he would like to have a major physical education compo nent with everything from weight rooms to karate classes. Paying for proposed improve ments has been another prob lem. Lochtefeld said he might have gotten started two years ago had a lender not backed out at the last minute. He is count ing on a variety of lending sources that could range from private investors to conventional financing, but suggested that a proven model in Durbin, South Africa, should make it easier for lenders to visualize. Modern efforts to rehabilitate the park date back to the early 1970s when the city commis sioned a survey on•what should be done with the property. Plans that have come and gone have involved such well-known San Diegans as developer architect Paul Thoryk, who rebuilt Columbia Square in downtown San Diego, and then-Mayor Roger Hedgecock. · PARK ---1 . ..\_BEL:.M0NT CONTINUED FROM Pa,.p, 1B Belmont Park has a history like Mission Beach." graduated from See BELMONT or the Giant Dipper coaster, but this Lochtefeld is something of a homecoming for Mission Bay High School in 1970 Lochtefeld, who grew up in the and University of California, San coaster's shadow. Diego in 1974. He earned a law "My first job, at age 16, was at degree from the ·University of San Dino's Corn Cob overlooking the piego Sch_ool of Law. - roller coaster," said Lochtefeld. "I He has pursued the leasehold at am intimately familiar with the Belmont Park since 1981, when the original vision for Belmont Park city of San Diego put the project and I am thrilled to be in a posi- out to bid for redevelopment. tion to restore and build on that After creating and selling us on vision." L Raging Waters, he set his fo c "Tom is the right person with developing the perfect wave the right vision to turn this into machine. The resulting WaveLoch one of San Diego's signature FlowRider is the medium for a parks," said Councilman Byron radical new board sport that com Wear. "Realizing this concept on bines surfing, snowboarding and this site is a certain win for all of skateboarding disciplines. San Diego," Wear added. The FlowRider is the center- William T. (Will) Griffith, the piece for Wave House, a complex city's real estate assets director, dedicated to board sports culture. said while "this property has long The first Wave House opened in been neglected, we expect Tom Durban, South Africa in 2001, will turn that around. In conjunc- with others currently in planning tion with him, the city is looking for Brazil, Germany, Hawaii and forward to enhancing community Hong Kong. 77 access to, and enjoyment of Source Code: 20020523tdg SAN DIEGO DAILY TRANSCRIPT SAN DIEGO, CA ~O~DAY 10,500 ) Prenuptial Agreements MAY 13 2002

lexandra M. Kwoka, a Certified Specialist in Family Law, is a 1974 graduate of the University of Chicago aw School, who has practiced in San Diego since moving from Chicago, Illinois and leaving the Department of Justice SCRS in 1980. She also has an L.L.M . degree in Taxation from the University of San Diego, and a special interest in complex community property and marital tax issues such as retirement benefits, stock options and ODROs.

~~A,\:..\-- Alexandra M. Kwoka What Is A Prenuptial Agreement? When Is It Enforceable?~~

When you read newspaper accounts assets are purchased with a separate property down concerning the divorce of a public figure, payment, there is no easy answer to this question. such as Tom Cruise or Donald Trump, and Significantly different views are held by financial you see the term "prenuptial agreement" advisers, attorneys, and parties - accountants, busi used, do you know what is being ness lawyers and estate planning attorneys may pre described? Are you thinking of marriage, fer that "separate property" be defined and remain and wondering if you, too, should have a separate, especially when either or both parties "premarital agreement"? Recent amend have significant separate assets, or a business ments to statutory law have both clarified acquired and owned prior to marriage. The concept and made more difficult, answering these of "co-mingling" - where separate assets become and other questions. This article provides community assets if "co-mingled" with community an overview. funds - may prompt parties to enter· into a premar What is a prenuptial agreement? ital agreement, especially if one party has an inher itance he/she wishes to keep separate. Where par A prenuptial agreement is the written ties have children or obligations prior to marriage, agreement of parties contemplating mar a premarital agreement may be necessary or pru riage. The provisions of the agreement dent to ensure that both parties are in agreement as become effective only upon marriage, and to how the children will be supported, or how busi are intended to define the rights and duties ness or personal obligations will be met. of the parties as to those matters addressed in the agreement. Even if the parties agree What may the parties agree to do, or what rights to a provision, the agreement may not be may be waived in a prenuptial agreement? enforced if any of its terms are "against California law governing prenuptial agreements public policy." For example, a term in a is set forth both in a statute, the Uniform Premarital prenuptial agreement that requires chil Agreement Act, Family Code §1600 et seq., and "case dren be raised with a particular religion is law" - that is, written decisions of the Courts. not enforceable, In re: Marriage of Bonds Enactment of a predecessor statute, Civil Code (2000) 24 cal.4th 1; neither is an agreement §§177-180, in 1872 permitted parties by contract to whose effect is to relieve either party of define their rights in marital and other real and per his/her statutory duty to support minor sonal property. By several amendments over the children. Shasta v Caruthers (1995) 31 years, the acceptable topics of a premarital agree Cal.App.4th 1838. ment were expanded to include not only ownership When is a premarital agreement needed? in, and disposition of, marital and separate proper ty, and the making of a will, trust or other arrange Because California law provides that ment, but also "any other matter, including person all earnings during marriage are "commu al rights and obligations not in violation nity earnings", and that the "community" of public policy or a statute imposing a criminal penalty." has an interest in all assets acquired during Relying on this latter "catch-all" provision, premarl- marriage J eld in joint title, even if those 8 7 IAWJOURNAL 78 ~ Alexandra M. Kwoka --,

tal agreements were drafted and entered knowledge of the property or financial obligations of into which also set terms for, or waived, the other party. spousal support. Whether a premarital agreement or one or more of However, the first version of the its terms was "unconscionable when executed" will be Uniform Premarital Agreement Act as decided by the Court. The Court is now authorized to enacted in 1983 in California, did not consider "any other factors the court deems relevant" in include a provision that authorized par making its decision. In ruling on the validity of a pre ties to contract with regard to spousal marital agreement, the Court will presume the premari support rights and obligations. When tal agreement was voluntarily entered into, unless cer the issue was presented to the Courts, tain specific proof is presented, as specified in the Code, opinions differed as to whether or not including the adequacy of legal representation, and the such provisions concerning spousal sup nature and explanation of rights and obligations relin port, or one waiving support, were quished. If an agreement is entered into within 7 days enforceable, or whether they were of the document being presented for signature, this fact "against public policy." may permit the Court to find that it was unconscionable. Responding to the conflict among If the premarital agreement includes provisions the Courts, as well as several highly pub regarding spousal support, Family Code §1612(c) pro licized divorce rulings by the California vides: "Any provision regarding spousal support.. .is not Courts, including in the proceedings enforceable if the party against whom enforcement of brought by Mrs. Barry Bonds entitled the spousal support provision is sought was not repre Marriage of Bonds 24 Cal-4th 1 (2000), the sented by independent counsel at the time the agree California Legislature last year amended ment was signed, or if the provision regarding spousal Family Code Section 1612. By Stats.2001, c. support is unconscionable at the time of enforcement. .. " 286 (S.B. 78)§1. Parties in a premarital With the standards for determining what is or is not agreement now may contract with an enforceable premarital agreement now having been regard to spousal support §1612(c). revised and purportedly "clarified", one might expect When ls a premarital agreement that resolution of the enforcement issue will be simple. enforceable? In fact, the many Court opinions written before the Act was amended, which seek to resolve questions raised When the Legislature amended concerning "undue influence" and "duress", demon §1612, it also amended §1615, which gov strate that parties in a divorce proceeding often dis erns enforcement of premarital agree agree about and litigate the circumstances existing that ments. Now, the Court must consider led them to sign a premarital agreement. Attorneys and whether the agreement was entered into the parties now know that an agreement that includes voluntarily or under duress or fraud, spousal support will not automatically be held questions which determine the validity in violation of public policy . But now such agreement of contracts in the business arena, and will be scrutinized to determine "unconscionability" . the requirements of §1615. also both at the time of negotiation/signature and when the Summarizing some of these, the agree Court is asked to enforce support terms/waiver. ment will not be enforced if the party against whom enforcement is requested The law and rules have not been made simple with proves that the agreement was "uncon recent amendments to the Uniform Premarital scionable when executed" and certain Agreement Act. If the agreement includes a provision facts relating to the negotiation and concerning spousal support, the parties must discuss the drafting of the agreement: future, and document their intentions. Thought must be 1. The party was not provided a fair, given by the parties and legal and financial advisers any premarital agree reasonable, and full disclosure of the prior to drafting and executing property or financial obligations of the ment as to its language and terms. other; Finn: law Office of Aleundra M. Kwoka 2. The party did not voluntarily and Address: 12707 High Bluff Drive, Suite 100 expressly waive in writing any right to San Diego, CA 92130 disclosure; Phone: (858) 481-1173 J. The party did not have, or rea Fax: (858) 481-5783 sonably could not have had, an adequate

SPRING 2002 9 79 Dispute resolution provider JAMS adds Fritz to staff -r~.L/- Law Briefs By David Hicks SAN DIEGO DAILY TRANSCRIPT Attorney Linda Fritz, who has worked as a mediator and arbi SAN DIEGO , CA WEDNESDAY 10,500 trator for the last 13 years, has joined the San Diego staff of MAY 1 2002 JAMS, a private alternative dispute resolution provider. Fritz, 50, has served as the general counsel at the JacLind Corp. since 1999. She managed all legal issues and litigation, including overseeing the resolu tion of Internet and Web-related disputes for the 30 entities owned by the corporation. Fritz was the managing partner of the civil litigation division for raised in San Diego, rece·ved his Kimball Tirey & St. John from law degree from the Unive sity of 1993 to 1999, and she has served _§an Diego Sebo 1 of Law in 1985. . as the lead attorney for more than His primary practice is in civil lit 100 trials and arbitrations and igation, where he has experience more than 2,500 municipal court in a wide variety of cases. trials. . . . Fritz has been a member of the American Arbitration Association's national roster of arbitrators and mediato,s as well as a member of the San Diego County Superior Court's mediator and arbitrator panel since 1990. She has adjudicated more than 600 arbitration cases as a sole or panelist arbitrator and has served as both a mediator and arbitrator in two separate mass tort claims projects. She has successfully mediated more than 1,000 real estate, business, mass tort and other disputes involving complex issues and multiparty proceed ings. As an Adjunct Professor at California Western School of Law since 1994, Fritz teaches negotia tion, mediation, arbitration and alternative dispute resolution strategies. • • • Attorney R. Anthony Mahavier has established his own law firm. The practice, R.A Mahavier, a Professional Law Corp., is located at 550 West C St. in San Diego. avier, who was born and 80 School of Nursing With

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'"'"" etting fit is just a matter- ot small steps ( quick ones, to rev up that heart rate!) families can take together. The more you do, the better you feel. Here are 52 ideas to help get you started. Start sim ply;G decide you're going to incorporate one every week for the next year. And who knows? - you may get really into it and do a few at once. Granted, some may sound a bit corny, but isn't being in shape worth a little silliness? Food Buy ONE BAG of chips only once a 1 month. When it's gone, it's gone until next month.

It's easier to 2 develop good habits than to break bad ones. Start your kids out with green beans in stead of french fries, a family outing at the park instead of one in front ofthe tube. Don't let kids eat Tear up family membership cards 3 when they're distracted - watch 9 for the Clean Plate Club. ing TY, doing homework, riding in the If you're assigned to after- car. lo game or pre-practice or after Skip the super-size portions. If practice snack detail, bring plastic 4 the extra food's not in front of bags filled with ice-cold grapes them ( or you!), nobody will miss those or strawberries. To drink, try hundreds of unnecessary calories and 100-percent juice. Or really dozens of fat grams. be a maverick and bring ... water! Remember that ki~-friendly fo~ 5 - pizza, cheeseburgers, spaghetti Read labels together. A and meatballs - are nutritious, says • 11 bag of chips may have a re registered dietitian Jessica Setnick of spectable 160 calories per serving. But Dallas. )ust not gigantic and multiple then check out the servings ofeach . serving size - one On car trips, take a cooler stocked of those little 6 with healthy foods. They can be a bags · is sup meal in themselves or supplement fast posed to be food meals. enough for 2.5 people. Calo Put away your "food police" badge. rie count ad- 7 "It only makes them want to eat justment: 400. more," says Dr. Kathy James of the If your University of San Di~. "You have to · kids are back off." 12 always staruing when you pick them Kids menus are usually just fried up from school, bring a piece of fruit or 8 somethings. Order an appetizer or a container of yogurt to eat in the car. soup instead. Better yet, split your own It'll tide them over better than a drive meal.· Restaurant dinners are notori through order offries. ously huge. 82 · Other USD Related News TRIBAL HERITAGE FOR THE MILLENNIUM MAY 2002 USD's 1st American Indian Celebration

University San Diego hosted its first American Indian Celebration and Educational Festival April 18-21 The spiritual event included a Proclamation from San Diego Mayor Murphy Kumeyaay Tribal Elder Jane Dumas blessed the opening of the celebration American Indian artists, storytellers musicians and dancers performed throughout the event The festival in conjunction with the UCSD's annual Social Issues Conference included lectures by activist Winona LaDuke and World War 11 Navajo" Code Talker Albert Smith SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA TUESDAY 374,133 MAY 28 2002

Illlllll llll 111111111111111111111111111111111111111111111111 Burrelles /1-,0IIMATIO# SUIVICES 580- QN .utu 26 .•.. . x Higher costs seen for hig ucation l F~ONTPAGE Tuition hikes at climbed nearly 33 percent at the Uni-· legislators historically have resisted versity of San Dieg9, 29 percentat tuition increases. Poin local private schools t Loma Nazarene University, and At UC campuses tuition is $3·,429 a 32 percent at Christian Heritage Col, year, and at CSU campuses it is continue lege, 5-year spiral according to a survey by The $1,428 for in-state undergraduate stu San Diego Union-Tribune. dents, compared with local private By Samuel Autman Costs at private schools nationwide universities that can top $20,000 a STAFF WRITER and locally have spiraled higher due year. to increased energy costs, salaries, "Their bricks cost what Students attending some private our bricks technology, construction and-renova cost," said Jonathan Brown, colleges and universities in San Die president tion. of the Association of Independent go County next fall will face an aver Tuition has held steady at many California Colleges and Universities, age 5 percent tuition hike, continuing public colleges and universities representing more than 200,000 stu a trend that has seen tuition at some across the country, including campuses San dents. 'Their computers cost what increase by more than one Diego State University ancl the third Uni our computers cost, but the differ- in the past few years. versity of California San Diego. These In a five-year span, tuition has campuses are state-subsidized, and A ,SEE Tuition, A6

84 Since 1998, the University of . 'TUITION San Diego's tuition jumped 32.8 And, he said, a $21,000 a year CONTl~UED FROM PAGE Al .A- percent to $21,880, Christian price tag to attend a respectable Heritage College fees in private university is worth the 1n 2000, loans creased 32.4 percent to $13,560 investment. and Point Loma Nazarene Uni Akilah Carter Davis and her paid 58 percent versity's tuition was up 29.1 per parents agree. The 18-year-old cent to $15,760. senior at San Diego School of -of college fees Paul Bisonnette, USD's vice Creative and Performing Arts president for finance and ad in Paradise Hills will attend ence is that a student who at ministration, said comparing tu Stanford next fall. tends UC at San Diego gets a ition increases at his institution She got a handful of scholar subsidy regardless of financial with other schools in the region ships to help pay for books, but need. That's why their tuition is her parents will pay most of the low." is unfair. He said USD is more tuition. A recent study by the Nation akin to selective private univer "Stanford does cost a lot of al Center for Public Policy and sities such as Stanford or the money, but I feel like I am get Higher Education showed the University of Southern Califor ting my money's worth," she cost of attending college has nia, which offer comparable said. "You have award-winning increased more rapidly than in classes. professors and a great student flation and family income. 'That's the illusion of per body. It's worth it" Meanwhile, state and federal :fi centages - they don't tell you Bridget Terry Long, a Har nancial aid for students has not what you are looking for," Bi vard professor of economics kept pace with the tuition in sonnette said. and specialist in higher-educa- creases. And as tuition has ris In the past five years, tuition en, so has the willingness of at Stanford increased about 23 tion financing, said fewer than 5 college students and their fami percent, and USC's grew by percent of students pay $20,000 lies to go into debt to pay for an about 26 percent. At Stanford, a year for college because of a tuition was $22,110 .five years education. variety of financial aid pro Ariela Ronay-Jinich is an 18- ago. Next fall it will be $27,204. grams available. Most will pay year-old La Jolla High School At USC it was $20,962 in 1998. about $8,000 a year, she said. will senior who is heading for Next fall it be $26,464. And even for those who do Brown University in Provi Arthur Shingler, vice presi pay more, college degrees sig dence, RI. Brown will cost her dent of financial affairs for Point nificantly boost earning poten about $37,900 a year. She will Loma Nazarene, said Southern tial, she said. "Remember, owe roughly $80,000 to lenders California schools endured the higher education is still a bar when she graduates, but she's energy crisis in the past year, gain when you look at the bene willing to eat the debt. fits. It's really ·a million-dollar 'There are certain things and those costs have to be ab decision. People with college you invest in in your life that sorbed. degrees on average make over depreciate in value," she said. "It seems like with the in a million dollars more over a "But when you invest in an edu creased cost of technology, lifetime than people with just a cation, that never goes down in construction and reconstruc high school degree." j value. You can .make as much tion for needed facilities, the So, what are parents and stu as you want out if it. It is always costs have increased more rap dents getting for $21,000 a year an asset." idly than our ability to pass atUSD? During the past 20 years, those costs along to students," 'They are getting a quality Americans have increasingly he said. education that will have a life embraced debt-financed educa "It's across the board every time return on it," Bisonnette tion. According to the report, in where," said Laurie• Hurl, head said. 'The cost of an education 1981 grants accounted for 52 guidance counselor at Point is something you have to look percent of federal student finan Loma High School. "Every in at as a lifetime investment." cial aid. Loans were 45 percent. stitution has their financial Private schools say they can In 2000, grants were 41 percent woes, but it is the students who offer smaller classes, individu while loans increased to 58 per are being asked to pay the ally tailored instruction and a cent. price." more intimate setting than Across the nation as costs Brown, whose organization large public universities like increase,' colleges and universi represents 77 private colleges San Diego State University or ties are struggling to keep and universities in California, UC San Diego. higher education affordable. said people need to view paying "It's a more holistic approach The private schools say they for college as an investment to life and the education pro have a more difficult time. Pri cess that goes beyond the vate-school tuition has in books," said Shingler of Point creased roughly 5 percent an Loma Nazarene. 'That's what nually for the past five years, we focus on." according to the National Asso Shingler and many of his ciation of Independent Colleges counterparts say if higher-edu- and Universities.

85 "When you invest Private schools are hoping parents take advantage of the in an education, newly expanded Cal Grants. Under the changes, the pro to that never goes gram guarantees an award all needy students who have down in value." graduated from high school within the previous 18 months. Ariela Ronay-Jinich, It is deemed a way to assist La Jolla High School senior students who want to attend schools. Students with brought private cation costs are not need and at least a B private schools financial under control, average are eligible for a full-tu could alienate people. a public college - us," ition grant at _"It is terribly affecting to University of Cali tu $3,429 at the said Molly Cook, about the up to $9,700 at a Loma fornia - or ition increase at Point institution. she will be a private Nazarene, where The federal government of senior next fall. 'That is more too. Under up fers a few options, money we need to come who qualify can re we are in-· graduates with. It's more debt up to $3,300 year through It is trou ceive curring to our family. Pell Grant, which does not same instance I the bling, but in the have to be paid back. The gov Loma that it is of am so pro-Point ernment also offers billions it to get a quality totally worth dollars in low-interest loan pro education." are being re-ex who grams, which MollY, and Jerald Cook, by Congress. decided a amined have two children, About $100 billion worth of an education to few years ago that financial aid is distributed Nazarene was at Point Loma students in the form of loans, dime. They spent worth every and grants. hours investigat scholarships more than 100 all the help, Long, applying for scholar Despite ing and professor, offered bulk of their school the Harvard ships. The for putting children . was paid for by this advice ing a private college: "Plan 'scholarships they got through through ahead and save." the San Diego Foundation. majored in Molly Cook, who Samuel Autman: (619) 542-4557; nursing, said she and her hus in [email protected] band will have about $5,000 loans when she graduates next year.

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A survey by The San Diego Union-Tribune showed that in a five-year span, tuition has climbed by more than 30 percent at the University of San Diego and Christian Heritage College, and 29 percent at Point Loma Nazarene University. Union-Tribunefilephoto Higher and higher Tuition at some Southern California private colleges and universities has climbed steadily over the past five years. Next fall, tuition at all but one privc1te institution in the San Diego region is set to rise. I TUITIONS CHANGE University 1998 1999 2000 2001 2002 1998-02 University of San Diego $16,470 $17,780 $19,020 $20,353 $21,880 32.8% Thomas Jefferson Law $19,375 $19,950 $21,150 $22,180 $23,450 21.0% National University $9,3( 0 $9,600 $9,900 $10,260 $10,260 10.3% Point Loma Nazarene $12,2 0 $13,186 $13,900 $14,800 $15,760 29.1% Alliant International University $12,0( 0 $12,600 $13,200 $13,950 $14,370 19.8% California Western Law $20,5( 0 $21,320 $22,200 $23,420 $24,750 20.7% Christian Heritage College $10,2, 0 $10,840 $11,924 $12,550 $13,560 32.4% SOURCE: Colleges and Universities BRIAN CRAGIN / Union-Tribune , _

~~87 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 10 2002~~

111111111111111111111111111 lllll 1111111111111111111111111111 Burrelles l#,OIIIMATIO# Si!.tt'IIIC.E~ 580 QN .xz1u 26 . a.,, X ·Rally criticizes sex attacks, safety at ·uso Campus officials defend policies, vow to 'work hard' By Joe HUQhH '\\\ s'\ STAFF' WRITER Students at the University 04 San Die held a noontime ral ly at the Linda Vista campus yesterday to raise awareness about sexual assaults and criti cize administrators over the handling of recent incidents. "I was raped last semester by a USD student, a guy I had trusted," said one woman. "He ( violated me and my body. My friends and family are still suf fering from his pathetic behav ior." Particularly crushing, she said, was "watching my mom cry while I was given the test for AIDS." The man was not arrested in connection with the November incident University officials said later that there was not enough evi dence to prove that a rape had USD faculty adviser Adrienne Lyles-Chockley yesterday embraced a freshman (back to camera) occurred. However, the allega who had Just told about having been sexually assaulted by another student on campus. Students tion was investigated by the Lauren Wolf (left) and Michelle Terrell (right) applauded the speaker. Laura Embry/ Union-Tribune university, which suspended the student accused in the sex ual assault, officials said. will continue to work very hard f.iplinary procedures this fall. years. He was not charged. Critics said the student to create a safe campus envi J\.mong the possibilities is the Some students said at the should have been expelled. ronment where our students creation of a panel to review time that the university failed to University officials who ad are comfortable reporting such claims of sexual assault Cur- warn students about the sus dressed the rally said prevent incidents and are confident ently, allegations are reviewed pected rapist, but officials said ing sexual assaults are of para they will be dealt with appropri by an administrator. they were limited in what they mount concern. ately," said Thomas Cosgrove, Police last year arrested, but could do because of privacy ''We share their goals and dean of student affairs. later released, a former student concerns. Cosgrove said the university suspected of raping or other is always looking to improve its wise sexually assaulting at least Joe Hu9hes: (619) 542-4591; policies and will re-examine~ six female students within two [email protected] I {

~~88 • BOND BUYER NEW YORK, NY FRIDAY 3 , 800 MAY 17 2002~~

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CALIFORNIA 1. University Upgrade oody's Investors Service upgraded M$115 million of outstanding debt for the Ui;iiversity of San Di~o and assigned an A2 rating to $13.7 million of revenue bonds being sold next. The California Educational Facilities Authority will issue the Series 2002A bonds on Monday or Tuesday in a com petitive sale. Proceeds from the sale will help build a new parking facility. They are the obligation of USD . The rating reflects favorable student de mand and growth in the university's finan cial resources that support a manageable • debt burden, according to the Moody's re port. "Favorable enrollment trends and steady increases in tuition have contributed to USD's improved operating performance over the past five years. Net tuition and auxiliary revenues, which together account for nearly 85% of annual operating rev enue, grew 46% between 1997 and 2001," Moody's reported. With this sale included, dependable re sources will cover debt service by 1.03 times and total resources will cover it by 1.45 times, below the A rating medians of 2.2 and 3.3 times. Current debt service cov erage is 4.8 times based on an operating surplus in excess of 14%. The university does not intend to sell more bonds during the next few years. Ad ditional capital projects will likely be fund ed through operating resources and gifts, not debt. Standard & Poor's and Fitch Ratings do not rate the credit. • - Rochelle Williams

~~89 SAN DIEGO UNION-TRIBUNE SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SAN DIEGO , CA SUNDAY 444,849 WEDNESDAY 374 , 133 MAY 5 2002 MAY 15 2002~~

IIIIIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIIII IIIII IIII IIII I11111111111111111111111111 lllll 1111111111111111111111111111 Burrelles 5800 llf,OltltAArto# SEIIVICE~ Burrelles 580 111,o••Ar1011 snv,cn QN , XZht QN 25 , I, , ,ff .u1.. 2s .• . .. . 1 ~\""' Online Legal and Financial Guides

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90 University of ~an Diego QJuility Education for Ministry • Master of Arts Degree Programs Practical Theology (33 units) Pastoral Care and Counseling (42 units) Certificate of Advanced Studies in Pastoral Counseling (18 units) • Collaborative Programs Clinical Pastoral Education for Pastoral Counseling Students ( Certificate in Spiritual Direction • Center for Christian Spirituality (CCS) The CCS relates Christian spirituality to pcnonal, fiunlly, "I workplace and profeulooal concerns through programming and outreach actrritia. Fin11,u;ial Aitl A1111ilable for Gratlu11te Progr11ms For program i;,formation visit our web site: http://www.sandiego.edu/theo/ptpcc/pt-pcc.html By Phone: (619) 260-4784 (Programs Office) (619) 260-4524 (Master of Arts Degree Programs) CCS/PT/PCC - Maher 280 University of San Diego 5998 Alcala Park, San Diego, CA 92110-2492 IUUI ••ployen on the blll&S of r11ce, c.olfw. Tbt University of SR" Diego prohibits discriminMion 11g1#,ut CMrrffll Ill' JlrOIPeaiw #llllmts dlarMteristlt. The University does no, W', religion, national origin, age, disabilii,, Stx#RI orient11rion, w •-, ,,_ -.,.lly ,ntet:1# to its 0.tholi< idenritJ by ,his n,m·discrimin•rion rt•ttment ducillim •ny right it "'jpl..,.,,;,, Ji.-##...... ,•--'-• or the doctrines ofthe Ciullllk a.,s,l

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92 Athletics ( SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 31 2002 -- USD throwing its best at Sun Devils \ ;j"\..\ By Kevin Acee of late. sea STAFF WRITER Tom Caple, tired after a son in which he also started 44 MESA, Ariz. - Standing in games in center field, has lost the blazing sun toward the end three straight starts and is 2-4 in of a short workout at HoHo his past seven. Aaron Wtlson, Kam Park, on his first official who has pitched through elbow day as the coach of an NCM tendinitis and a rib-cage injury, Regional participant, Rich Hill is 0-4 in seven starts since acknowledged the real heat will throwing a four-hitter at Port be on tonight land on March 24. The temperature should be Besides 21st-ranked Arizona about 30 degrees cooler, in the State (35-19), this Regional fea mid-70s, when USD faces host tures No. 7 Houston (41-14) and Arizona Stateat 6 i# the Tore New Mexico State (37-23). ros' first-ever Regional game. The Toreros walked around But Hill knows it won't be cool the Chicago Cubs' spring train if his team loses with its ace on ing home yesterday, clearly the mound. feeling the heat, admittedly here, but ( Hill stopped short - just basking in their being short - of saying it was a must maintaining they are as confi win, his voice tailing off on a dent as ever. sentence he began, "We have "You can be excited to be to ... " here," said catcher S.C. Assael. The fact is, junior left-hander "But we're here to win. Just be Ricky Barrett is USD's best cause it's our first appearance, hope for a victory from a we're not going to be like, 'All starting pitcher. right, we get to play some more Should the Toreros not win games.' We look at it like any when he starts, something that series, and we're here to win." has happened just four times in Arizona State coach Pat Mur his 17 starts this season, it is phy said he didn't think USO highly unlikely they will win would be intimidated by playing the four games in two days it the host team, one that has would then take to win the Re been to the Regionals five times gional. in six years and has five College "With Ricky on the mound, World Series titles in its history. that's your guy," Hill said. "I've known about Rich Hill "You've got to go (complete and San Diego for. a long time," game) and get the win." he said. "I know how his team Barrett has won four consec plays. They'll be ready.'' utive starts, going nine innings The key will be Barrett's in the past two and at least readiness to once again carry seven innings in nine of his past his team for a night. 10. Opponents are batting just Despite a blister on the mid .255 against him on the season. dle finger of his throwing hand, He has pitched with pressure he appears strong. With a 12- most of the season and accept day rest between them, he has ed that role for tonight's game. thrown more than 140 pitches ''H I win, it gives us that much in each of the past two starts. 1 more of a chance," he said. "It's He has thrown 114 /J innings on just as important as the the season. Pepperdine series (that he win)." "I can go until my arm The Toreros' other two main doesn't work anymore," he said. starters have struggled mightily He might have to. 93 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 31 2002

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NCAA Baseball Tournamen \A\.) Teams in Regional at Mesa, Ariz., beginning play today. TODA Y'S GAMES No. 3 USD ; Houston vs. New Mexico State, Record: 38-21 noon; USO vs. Arizona State, 6 p.m. Coach: Rich Hill (135·96·2 at USO, No. 1 seed Houston 468-317-2 overall) Record: 44-15 (No. 7 by Baseball About the Toreros: They were America) 25-6 on March 28, then went Coach: Rayner Noble (290-192) 13-15 to finish the season ... They earned About the Cougars: This is their the West Coast Conference's fifth Regionals appearance in six automatic berth - and years. Houston was 21-7 against their first NCAA bid - by ranked opponents ... Sophomore beating Pepperdine in a best-of-three RHP Brad Sullivan (11-1, 2.08) was series last weekend •.. USO thE: C-USA Pitcher of the Year ... was 2·5 against NCAA Regional Jesse Crain batted .318 in 55 teams ... Junior 38 David Bagley games at SS, and he was 4·0 with . led the team with a .401 batting average, nine saves and did not allow a run in 56 RBI and 1 13 home 31 13 innings as a reliever. He was runs ... Junior LHP Ricky Barrett, tonight's named to the C·USA first team at starter, has won both positions ... The Cougars' four consecutive starts, pitched two straight staff ERA was 3.16, by far the best complete games and among these four teams. is 10· 1 with a 3.38 ERA.

No. 2 Arizona State No. 4 New Mexico State Record: 35-19 (No. 21) Record: 37-23 Coach: Coach: Pat Murphy (304-162·1 at Gary Ward (69-46 at ASU; 622-278-2 overall) NMSU; 1,022-359-1 overall) About About the Sun Devils: They won the A99ies: Their first NCAA seven of eight to finish the season, appearance ... They finished including two of three at USC two sixth in the nine-team Sun Belt Conference weeks ago ... The Sun Devils, who but went 4-0 in have been to 18 College World the conference tournament to get Series and played in the Regionals an automatic berth ... Ward took Oklahoma five of the past six years, were State to 17 Regionals 11-3 this season against NCAA appearances and his teams won Regional teams ... Sophomore their first-round game the past 16 times RHP Mike Esposito (9-5, 3.47) had ... The Aggies, whose home games three 10-strikeout games. He will are played at 4,000 feet, are start ASU's second game ... 4-10 against NCAA Regional teams Junior RHP Jered Liebeck (2·1, ... Outfielder Ryan Kenning set Sun 5.14) will make his seventh start of Belt records with 96 RBI and 24 the season tonight against USO ... homers ... Junior right-hander ASU was 27-8 at home this season Jason Williams (8· 1, and has scored in an NCAA-record 4.61) will start today. 429 consecutive games. - KEVIN ACEE

~~94 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 31 2002 Torero overcomes life's curveball~~

David Bagley saw a doz en doctors and no prog ress. His virus defied di agnosis, and it resisted cure. It crawled through hi system like a coal barge during a drought, ruining his appetite, rob bing him of baseball. "I didn't think much of it at first," the University of San Diego slugger said. "I thought it was flu. But it stayed with me for 14 months. I lost 30 pounds. I couldn't eat I started to question if I would ever get over it" Mainly, Bagley wondered whether his illness was a detour or a dead end; wheth er his swing could survive a seasonlong layoff; whether his baseball career had grown barnacles. "I was depressed all the time," he said. A lot of melancholy thoughts wander through a young man's mind when his dreams get dented by circumstance. There were days, David Bagley admits, when he may not have been the most David Bagley has put up healthy numbers at the plate, leading USO in average (.401), scintillating company. Yet, if the big homers (13) and RBI (56) this season. JimBaird/ Union-Tribune ( league scouts like raw power and rare per sistence, they can find it playing third baseball. Some of his earliest pictures knocked him flatter than a chin-high fast base in the Toreros' first NCAA Tourna sh9w a child crawliqg on the floor while ball. ment. clutching a ball. Mo t of his life has been "If you're not seeing live pitching for a David Bagley is one of those guys who devoted to chasing a ball or swatting it out month, it's tough to get your timing back," doesn't give up, a pit bull with an alumi of sight. he said. ''When you're out as long as I num bat. Early Wednesday, more than an Three years ago, s a senior at Rancho was, you wonder if it will ever come back. hour before USD'..:, last pre-tournament Bernardo High Sch ol, Bagley struck a ''When I started back last year, I was workout at Cunningham Stadium, Bagley home run at Qualco Stadium in the just missing the ball. I was 0-for my first 25 was at the ballpark for extra batting prac CIF-San Diego Section Division I champi and it wa$ real .frustrating. It just wasn't tice. Not that he needed it. onship game. He was named the Most me. You overanalyze everything, trying to One year after }:le was redshirted for Valuable Player on a high school team figure out what you can do to get better." medical reasons, Bagley has helped carry that also included Hank Blalock, recently Finally, in his first at-bat of a summer USD to the highest plateau in its baseball of the Texas Rangers. If Bagley was not league game against a team of Marines in history. Always a tough out, the 21-year on the fast track to the big leagues, nei Mira Mesa, David Bagley lined a clean old sophomore leads the Toreros in bat ther was he much delayed by the traffic. single up the middle. By game's end, he ting (.401), home runs (13) and RBI (56). He was serving an apprenticeship in had three hits and no doubts. Soon, his Tonight, in Mesa, Ariz., he will lead them the summer Northwoods League, playing confidence was restored and his weight against Arizona State in the first round of for the Mighty Gulls of Brainerd, Minn., returned. the NCAA Tournament when he was first afflicted with his myste Cora Bagley came to see higher gro In hindsight, Bagley says, his illness rious virus. Though doctors never discov cery bills as a good sign. She came to see has made him stronger. It has brought ered the source ofBagley's illness, specu her son as her role model. him perspective and patience. He no long lation included mosquito bites and lake "He is an inspiration to me," she said. er broods so much about the occasional O swimming. "It doesn't surprise me that he's come for-4, having adopted the long view on One day, David Bagley called his par back. He's always been a kid who takes short-term disappointm~nts. This is one ents to say he was coming home and feel one step forward, two steps back, as of the happier byproducts of poor health. ing puny. \Vhen he got off the plane, Cora sesses the situation and then goes after it When you've spent a year just trying to Bagley remembers, her son was tethered "Other parents have called me. Their keep food down, sporting strife becomes a to two futravenous lines. kids have been through something simi lot easier to stomach. "I think the .frustrating thing was that lar and it hasn't been identified. I feel Da "When he has a setback, I think that no one could identify the virus," the moth vid is giving them hope." makes him ever more determined," Cora er said. "You always have to believe God If you're scoring, that, too, is a home Bagley said of her middle son. "Deter is going to help you, but it was hard for run. mined is probably the first word I ever him to understand what the heck was hap used about him. He will attain his goals." pening." Almost since the cradle, 95 David Bagley's Even now, David Bagley is not exactly Tim Sullivan can be reached at (619) 293-1033 career plans have involved big-league sure what it was that hit him, only that it or [email protected] SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 31 2002

'LOCAL PLAYERS IN THE NCAA TOURNAMENT Numerous local players will be taking Stanford: Donny Lucy (Fallbrook), the field today when the NCAA Fr., 18/C; Chris O'Riordan Baseball Tournament begins: (Bishop's), Sr., 28; Danny Putnam Arkansas: Jeff Fletcher (Rancho (Rancho Bernardo), Fr., OF; Carlos Bernardo), Sr., INF. Quentin (USDHS), Soph., OF. Baylor: Sean Walker (Helix), Fr, RHP. Texas Tech: Gera Alvarez (Vista), BYU: Paul Jacinto (La Costa Sr., SS. Canyon), Soph., RHP; Jake USC: Matt Chico (Fallbrook), Fr., Stubblefield (Scripps Ranch), Jr., INF. LHP/OF; Joey Metropoulos (Monte Cal State Fullerton: Juan Vista), Fr., 38; Mark Todd (Patrick Eichelberger (Marian), Fr., RHP; Henry), Jr., LHP. Travis Esquibel (RB Vista), Fr., LHP; ..J!!!!:_David Bagley (Rancho Wes Littleton (Vista), Soph., RHP; Bernardo), Soph.; Michael Bass Chris Stringfellow (RB Vista), Sr., OF. (Santana), Fr., RHP; Tom Caple Florida: Mark Kiger (La Jolla), Sr., SS. (Rancho Bernardo), Jr., OF /RHP; Harvard: Nick Carter (La Jolla), Sr., Zach Dobek (San Pasqual), Jr., C; 38/RHP. Tobias Herrera (Monte Vista), Jr., Long Beach State: Neil Jamison INF; Joe Lima (Mira Mesa), Sr., OF; (Ramona), Fr., RHP; Paul Macaluso Pat Lucy (Fallbrook), Sr., RHP; Mike (La Costa Canyon), Soph., OF; Steve McCoy (Grossmont), Jr., 28; Mike Velazco (La Jolla), Fr., SS. Oseguera (La Costa Canyon), Jr., Miami: Haas Pratt (Rancho LHP; Tony Perez (Eastlake), Jr., Bernardo), Soph., 18. OF /LHP; Joey Prast (Poway), Soph., Navy: Will Mahan (Torrey Pines),' OF; Freddy Sandoval (Marian), Fr., Jr., 18/OF. INF; Erik Verdugo (Montgomery), Oral Roberts: Chad Stewart Soph., INF; Sean Warlop (Bonita (Carlsbad), Sr., OF. Vista), Fr., RHP; Aaron Wilson (Santana), Soph., RHP. Richmond: Matt Mcloughlin (Torrey Pines), Soph., RHP. - KIRK KENNEY

~~96 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA TUESDAY 374,133 MAY 28 2002~~

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~~Members of the USD baseball team react to seeing their school's name announced for the NCAA Regionals. Nadia Borowski Scott/ Unicm-Tribune~~

~~iroreros giddy about NCAA trip While USD celebrates, Aztecs get left out of Regionals~~

By Kevin Acee State appeared, players rose from their STAFF WRITER NCAA Tempe RetJional seats, shouting as one, their fists .. \ At HoHoKam Park, Mesa, Ariz. raised. Gathered in the reception area of "We just wanted to se~ our name on the USD baseball offices yesterday FRIDAY'S GAMES TV," junior Tom Caple said later. 'We mom1ng;-'dressed to a man in their • No. 1 Houston (44-15) vs. didn't care where we were going; we new "WCC Champions" T-shirts, the No. 4 New Mexico (37-23) just wanted to officially :finally get Toreros knew they were in. They were • No. 3 USO (38-21) vs. there." getting a little antsy, though, at not No. 2 Arizona State (35-19), 6 p.m. Yes, USD has officially anived. knowing where they were in. The third-seeded Toreros (38-21) The NCM Regionals brackets kept play the second-seeded Sun Devils appearing on the screen, and yet USD at either one. (35-19) at 6 p.m. Friday at Hohokam USD's name still had not been called. But a short while later, the Mesa, Park. Theirs will be the second game "Did they skip our card?" senior Ariz., bracket came on the screen and in the four-team Regional that also S.C. Assael joked after the two Califor the Toreros grew excited. nia sites had been announced without 'When their pairing with Arizona p SEE Toreros, cs

97 ► · TOREROS CONTINUED FROM PAGE Cl f Across town, there was only disappointment. As expected,' Rost Sundevils following their defeat in the championship game of the are USD's first MWC Tournament, SDSU was left out of the 64-team tourna NCAA opponent ment after a season in which it won 43 games and captured the MWC regular-season includes No. 1 Houston (44-15) title. and fourth-seeded New Mexico The Aztecs had 41 wins State (37-23). The winners against Division I foes, the of most of any each of the 16 regionals ad team not to make vance to next weekend's the tournament Northwestern Super State Regionals, with those eight and Delaware State each win had 40 ners going to the College Division I victories and World Series. did not get in. "We're one It could have been the same of the 64 best story teams in the country," for USD, which had the Assael WCC's best said. "Now people are going record by far. But to the Toreros got it look and go, 'San Diego, all done Sunday right.'" at Pepperdine in the final game of the WCC As shocked and excited Championship Se as ries, coming back they were, as fresh as it all st?J from a two was, the Toreros run deficit with a four-run knew this: eighth inning. Things will never be the same for the USD baseball The USD players and coach program. es said before 'The thing that is the tough the season that another year of improvement est is to get over the hump we just got over," would not be enough. It was coach Rich Hill time, said. 'The jump the Toreros declared, to from being win competitive to being their first WCC title and get a team to the Regionals that is a championship team, for the first that is tolli!h." time in school history. The Toreros started 10-0 and were 25-6 on March 28 before losing 10 of their next 15. They won five of their next six confer ence games before losing two of three to second-place Port land on the final weekend of their season. They needed Loy ola Marymount to beat Port land once the following week end in order to get into the WCC Championship.

~~98 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA TUESDAY 3 74 , 133 MAY 28 2002~~

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NCAA BASEBALL TOURNAMENT The ~~iito Omaha Mississippi State and Oklahoma ■ Rt9lonals (Friday-Sunday): 64 State. Groff said San Diego State teams (four at each of 16 sites) wasn't in the final mix. "They had playing double-elimination. a very poor non-conference ■ Super Rel)lonals (June 7-9): schedule," he said. "They played Regionals winners at eight no one in the Top 25 and were 1-3 two-team sites in best-of-three. against teams that were 26-50." ■ Collel)e World Serles (June How'd you get in? 14-22): Super Regionals winners Navy (22-23) and Harvard advance to the 56th championship (20-24) lost more than they won, at Rosenblatt Stadium in Omaha, Neb. Double-elimination format but earned automatic berths by with final two teams playing one winning conference tourneys. game for the title. It's good to be the SEC National Top Eight The SEC led all conferences with ■ The top eight teams in the seven teams - Alabama, nation are seeded and bracketed Arkansas, Auburn, Florida, such that they could only meet at Georgia, LSU and South Carolina - the College World Series. Seven of making the tournament. Favorable ( the eight seeds made it to Omaha bracketing means four of those last year. This year's top eight: teams could make it to Omaha. 1. Florida State (56-12) West side another story 2. Clemson (47-14) The NCAA's mandate to reduce air 3. Alabama (48-13) travel (trying to keep teams within 4. Rice (40-11) 400 miles of their regional) 5. Texas (48-14) knocks things most out of whack 6. South Carolina (48-14) in the West. Six of eight teams in 7. Wake Forest (44-11-1) the regionals at Stanford and USC 8. Stanford (40-16) are ranked in Baseball America's In defense of Miami Top 25 - No. 18 San Jose State, Defending national champion No. 22 Long Beach State and No. Miami (29-26) can thank strength 25 Cal State Fullerton at No. 9 of schedule for extending its Stanford and No. 15 Cal State NCAA record to 30 straight Northridge at No. 17 USC. No other eight-team grouping appearances. The Hurricanes includes more than three ranked played 34 teams ranked in the top teams. Last year, Stanford, USC 50, although they needed a and Cal State Fullerton all made it three-game sweep against New York Tech to finish above .500. to Omaha. This year's bracketing means only one can make it. Welcome to the party Pack lunch (and dinner) rr. i1 one of five schools making Maine has the longest trip to reach 1 s irst appearance in the its regional - 2,714 miles to Los tournament, along with Central Angeles. That's because no teams Connecticut State, Elon, Louisville in the Northeast made a bid to host and New Mexico State. a regional. "They were kind of the Aztecs not in the mix oddball out," said Groff. "We knew Division I baseball committee they were going to have to fly. chairman Wally Groff said the last Once they were in the air, we had three teams on the bubble that to send them all the way out." didn't make it in were Mississippi, - KIRK KENNEY ~

99 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA MONDAY 374,133 MAY 27 2002 :tiowdown vidory puts USD in NCAAs By Ed Gr!~jsr AFF WRITER MAUBU - The outline read something like this: As semble a college baseball team in four to five years that could call itself a legitimate conference contender. Build slowly, yet with a definite purpose. Set your sights on one Toreros 5 day competing with a program that has dominated your league for, well, forev Pepperdine 3 er. Crawl, jog and eventually run along side mighty Pepperdine. Yesterday, amid the kind of breathtaking views this beach community of movie-star looks and million-dollar homes offers, ,JJSD caught the Waves. And then passed them. The Toreros are champions of the West Coast Confer ence after rallying late to defeat Pepperdine 5-3 in a best-of three series final at Eddy D. Field Stadium. NCM Region- r...J/

c;.-, ning, despite having qever ed. Where would USD be with CONTINUED FROM PAGE Cl been in such an all-or-nol:hing out Ricky Barrett's complete situation. game in the series opener or Late rally bags But then Freddy San oval Joe Llma's six hits over the began the eighth with a single weekend or Ben Quinto's div peren nial wee and it all sort of fell into place. ing stops at shortstop? Two more hits, three walks and You had sophomore Aaron cha mpion Waves three Pepperdine pitchers later, Wilson (41/3 innings pitched, USD had scored four. The To three runs) keep USD in the aJs pairings will be announced reros then handed their fate to game yesterday before David this morning at 9:30 on ESPN2, junior left-hander Tony Perez, Dunn and Perez finished it For and USD (38-21) will learn who retired the last six Waves two victories, you had timely whom it will play in the pro in order. hitting and .fielding from Mike gram's first postseason appear He struck outJason Payne to McCoy and David Bradley and ance at the Division I level. end it, and the celebration be Tom Caple and Jason Marian Four years ago, Rich Hill gan. and S.C. Assael. drew up that outline as USD's "I just kept reminding myself The Waves (31-32) are no new coach. Yesterday, his was to relax," said Perez. "It makes ordinary fly on your wind a smile larger than the peaceful it a little sweeter to beat shield. It took a few swats from sea shifting in the distance. Pepperdine. They are the class everyone to squash them. 'This means a lot to our of this conference. They always "We knew we had this in us," school," said Hill. "What a great have been. To beat them ... said Llma, a senior outfielder. feeling for USD. And I think this is awesome." Back home, USD held grad our guys really deserve it" A gamer. That's what every uation ceremonies yesterday. Of this, there is no doubt one calls Perez, not a hair over Lima was one of four players USD won two of three here 5-foot-10 or an ounce more than who missed out on walking against a team that boasts 13 170 pounds. But what moxie, with classmates. · conference titles, 19 NCM re- what confidence. He drove in "For one day, this champion - gional berths and the 1992 na the winning run with a sacrifice ship is more important," said tional championship. The Tore fly and allowed just one hit in Llma. "I couldn't ask for a bet ros won despite trailing 3-1 three innings to earn his third ter (present)." after seven innings yesterday, victory to go along with a team Four years ago, Hill drew up despite having stranded nine best six saves. an outline for success. runners entering the eighth in- And yet so many contribut- How prophetic of him.

~~100 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 24 2002~~

IIIIIIII Ill 1111111111111111111111111111111111111111111111111 BurreJJes 580 IHFOIUtllftlO# SuttltCU QN .xz1u 29 .1 .. . x wee title goes thr6ugh Pepperdine Toreros they want to be. to make a move up. The By Kevin Acee where division be "We want it to be Pepperdine," finished second in their STAFF WRITER 2000 and 2001. catcher S.C. Assael said this week. hind Pepperdine in regard Last year's runner-up finish still When USD and Pepperdine were ''You're going to be jazzed, to Saint feels rotten. placed in opposite divisions in base less. If we were going same story. Pepperdine and USD split their ball this year for the first time since Mary's, it would be the to Pepperdine, playing six games in 2001, but Pepperdine the West Coast Conference went to But going of the get a different feeling." went 22-2 against the rest that format in 1999, Toreros coach them you finished The Waves (30-30) are playing in WCC. So while the Toreros Rich Hill said it didn't matter. in conference, they sat home Pepperdine their fourth consecutive champion 20-10 "You still have to beat while Gonzaga (17-13) faced the championship," he said. ship series and are going for their to win of this Pepperdine in the championship se So it is that West Division champi 11th WCC title. The winner the confer ries. on SQjs in Malibu today to begin weekend's series will be the NCM "We sort of felt like they got the the best-of-three wee Champion ence's representative in and it would be the 20th shaft last year," Pepperdine catcher ship Series against the Coast Divi Regionals, a good thing for such trip for Pepperdine. Rock Mills said. "It's sion champion Waves. that they got switched over, for their first 'They're like North Carolina in them The Toreros, trying and it's a really good thing they are title and NCAA Region the ACC in basketball and Michigan conference said. in the championship series this berth, would prefer the series in the Big Ten in football," Hill als is trying year." were at home. Still, they are right Meanwhile, USD (36-20)

~~101 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 24 2002~~

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~~USD coach Rich HIii shares a few choice words with his players after recent game. Jim&ird/ Union-Tribune photos MIRROR.IMAGE USD base~all team reflect~ personality of coach Rich Hill~~

~~102 By Kevin Acee STAFF WRITER~~

hat he wants is what they want, and vice versa. He will Waccept nothing less from his players. And, finally, they are all his players. "As you get a chance to get three or four recruiting classes under your belt," Rich Hill said, "those teams are going to mirror what you're all about" · This USO baseball team, like few teams can be, is a reflection of its coach. In four seasons at USD, Hill has taken the program to a level of suc Hill, subdued while watching relief pitcher Mike Oseguera warm up, Is cess it had not known in Division I. known for his Intensity and animation before, during and after games. First came USD's first winning sea son in five years, followed by three years in which the Toreros set re philosophy. When he visits the mound, it ap cords for victories over Division I op But Hill goes back further than pears that Hill doesn't so much talk to ponents. that to sum up his approach to the pitchers as accost them. Hill has done it his way, which is, game, back to a time when he wore a And those who are privy to such among other things, infectious. hehnet and shoulder pads and the conversations say it can get a little "We all respond to him very well," lights and the buzz of the crowd were salty out there. But he always re said freshman pitcher Sean Warlop. intoxicating and the coach yelling at minds his pitchers there is a reason "He wants you to do so well, and he him got the adrenaline flowing until they are playing Division I ball. And wants you to want to do so well. He's hitting someone was the only option. no matter what else he says, he al kind of like a dit3ease that goes "Football my senior year of high ways runs his foot across the rubber around the team." school was the best sporting experi and tells them it's time to start over. Observing Hill during a game, it is ence of my life," Hill recalled this "He tells you to relax," said junior clear how that happens. week as he sat in his hilltop office at Ricky Barrett. "It's never real nega This is no slight to the Toreros, USD. "I know a lot of that Friday tive during a game. But when he who pegin play today in t:pe best-of night football mentality has carried walks out you're kind of like 'Oh, three West Coast Conference Cham over to how I coach baseball." crap.'" pionship Series at Pepperdine, where He reminds his team each Friday it Hill does not blanch when asked they will try to win their first confer is about to embark on "72 hours of about his motives. He says he used to ence title and advance to their first mayhem." He had shirts made up for notice the difference between himself N CM Regional. But the fact is, his team that implore, "W.I.T." for and other coaches, but he has grown watching Hill can be every bit as en Whatever It Takes. He often quotes comfortable with })is style. tertaining as watching his team. Pat Riley and various motivational "All these things are designed to Hill expends as much energy in speakers and comes up with his own heighten the concentration of the nine innings as anyone in uniform. gems such as: "Every pitch is its own players," he said. "Most successful Mentally, emotionally and often phys entity." managers, CEOs are the ones who ically, the man is enveloped in every Hill leaves no doubt about that push the right buttons." pitch. Rarely a pitch goes by that isn't fol The Toreros, to a man, acknowl Where most head coaches in col- lowed by some word, good or bad, edge Hill has gotten under their skin . lege baseball are seldom heard from from Hill. at one time or another. They say his and some rarely seen, Hill is an active "C'mon," Hill willy 11 to a pitcher style is one you either respond to or participant in games. who is killing him slo ly with his in reject The way he takes part is a dash of ability to throw strike . "My first few months (m the pro theater, a bit of manipulation and a "Good spot," he · yell to a pitch gram) I was like, 'Wow! This guy has big scoop of Hill just being Hill. er who paints the co er with a well got some serious intensity inside,' " Says Frank Cruz, the Loyola timed strike. said senior catcher S.C. Assael. "Be Marymount coach who considers "You're OK," he ye s to a hitter ing around four years, I wouldn't say himself a friend and fan of Hill's: who swings at and mi ses a second it gets easier, but you know what to "He's the most misunderstood man strike. expect." in college baseball." Most games, at least once, Hill will It's never personal, is what the Says an umpire who regularly approach the plate umpire with his players have learned .. Even when he works USD games: "It gets a little tir arms extended, palms skyward. It is names names in games and in meet ing." as if he has witnessed not only the ings, it's only about getting better. Says the note from Sparky Ander worst call in the history of the game "It's tough to get used to," Barrett son hanging on the wall behind Hill's but the worst crime ever committed said. "But what he's done is recruit desk: 'To Rich: Just remember, against humanity. guys who can handle that kind of in coaching is just being yourself."· It goes to follow, then, that rarely tensity. It's not a bad thing, but guys The words from Anderson, a Thou does a game go by in which an um that don't handle it, they transfer. sand Oaks resident Hill met while pire doesn't look over to the USD You've got to understand where he's playing at Cal Lutheran and later got dugout, hold up his hands and say, coming from. Coach Hill likes to be in to know well while coaching at his al "Rich, enough!" your face. A lot of guys respond to ma mater, are among the many Hill Hill also walks out tc see his pitch that well. They respond to criticismj 103 has incorporated into his coal;hing ers quite a bit. They like him getting in their face." -----~,.c.____ _ SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SUNDAY 444,649 MAY 19 2002

111111111111111111 IIIII IIII IIIII 1111111111111111111111111111 BUTTelles 5800 l1' t< O•i111ArlO# Sf:#11/CC.Ji QN .xz1u 26 .a .. . n Local Colleges Toreros win first division crown-~,_)L\ Some o? thetil sat in front of their computers for hours, checking the Internet ( throughout the afternoon. A few just made sure they were home to see the final score flash on the screen. Loyola 8, Portland 5. ''We're in ' " -.-..USD infielder David Bagley said rrunutes after the Lions' win gave the West Coast Conference West Division baseball title to the Toreros. "It feels great to know now that we made it." The Toreros (36-20, 18-12) will play Pepperdine (29-30, 17-12) in the best-of-three wee Championship Series beginning Friday in Malibu. The Waves clinched the Coast Division yesterday. The winner advances to the NCAA Regionals. This is the first WCC divi . sional title for the Toreros, and they are trying for their first Regionals appearance. "It does feel good," said coach Rich Hill. ''We're exact ly where we net'!d to be. We'd like to be at home, but playing at Pepperdine is fine ... It will be a great series." -KEVIN ACEE

~~104 SAN DIEGO UNION-TRIBUNE SAN DIEGO , CA MONDAY 374,133 MAY 13 2002~~

~~Dejected USO coach Rich HIii ieaves field after Toreros' rally fell short. Jim&ird/ Union-Tribune~~

wee standlnp WIit .... GB owral Toreros will need USO 18·12 - 36·20 Portland 15-12 1½ 23-26 help from LMU Loyola 13·14 2½ 20-32 USF 9·21 9 18-38 CGest .... GB OWl'III Peppel dine 16-11 - 28·28 to salvage season S.Clara 14-13 2 24-28 Gonzaga 13·14 3 25-26 , t "I'm sick to my stomach," Loss to Portland senior S.C. Assael said. St Mary's 13·14 3 21-26 But he also had spent the May 17•19 keeps USD from previous two minutes leaving Loyola Marymount at Portland no doubt that he believed he Pepperdlne at Gonzaga title in wee West has games to play in a USD Santa Clara-at St Mary's uniform. MlyZ4-Z6 By Kevin Acee wee Championship (site TBA) STAFF WRITER "Now we work hard for sev \.:\\SY en days and then meet as a The season is not over. team (next) Monday and go It can still be record-setting over the protocol for what to and magical and all the things it expect," Assael said. 'There is was supposed to be. only so much you can do when The l.[Sll you hold it in your own hands. Portland 8 baseball team When that is no longer some has a week to thing in your control, you just Toreros 5 wonder and sit back and wait for Loyola to as many as three games to wait. take one of those games they Another team can pick the To are going to take for us against reros up, do for them what they Portland." could not do for themselves. Having failed to win the two This hope is what helped the of three games this weekend USD players through a long, that would have clinched the hot afternoon yesterday. It is West Coast Conference's West what they spoke of as they sat Division title, USD will work stunned after a wild :finish to an the phones next weekend. The otherwise horrid game that Toreros will call the Portland they lost 8-5 to visiting Port press box for game updates, 105 land. beginning Friday afternoon and for as long as it takes. If Loyola Marymount can beat Portland once in three games, USD (36-20, lS-12) will be the outright division champi Then, with two outs and no on and play the Coast champi body on, USD strung together on in a best-of-three series May seven singles to ·pull to S-5 and 24-26. If Portland (23-26, 15-12) bring the potential tying run to sweeps the Lions, the Pilots will the plate. But Tom Caple's foul tie USD for the title and play · pop was caught by Portland the championship series second baseman Jared Mora to cause they will have finis 'd end the game. For the Pilots, their day had begun with a pep talk from with a better record against their coach, in which he recall Loyola ed an American Legion tourna That will mean an end to a ment he played in many sum season that stai;ted with 10 mers ago. His team lost its first straight victories for the Tore game against the toughest ros, with 25 victories in their team in the state before win first 31 games and a No. 15 na ning four straight to take the tional ranking just more than a title. month ago. "It can be done," Chris Sper "We put ourselves in this sit ry told his team. uation," said junior Tony Perez. After "It's not where we wanted to be, the game, he said, '1b.is was but we'll take it We're still huge. We're still star alive." ing at quite a feat to get it But at For 82/J innings, the Toreros' least we have a chance.''. pulse was in doubt Across the field, Caple sat The Pilots built an S-0 lead by with his head down. He looked scoring in every inning from up at a visitor and forced a the third through the sixth and smile. He, too, held on to a then again in the eighth. They chance. scored four runs in the fourth "We've got to hope for the and fifth, all after having no best," he said. "We're still in the body on with two outs. driver's seat They still have to In contrast, USD put the sweep Loyola Marymount" leadoff batter on in five innings and did not score until the ninth. Portland pitcher Zach Yar brough, 3-5 with a 6:38 ERA coming in, came within an out of his first complete game by painting an outside comer the plate umpire consistently gave him. To that point, the Toreros had just five hits, none of them in 16 at-bats with runners on base.

~~106 / SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SUNDAY 444,848 MAY 12 2002~~

I 11111111111111111111111111111111111111111111111111111111111 BurreJJe•s 5800 QN , U1H 29 ,I,, ,n USO clinches tie; one win from title By Kevin Acee \ } t (today)," junior third baseman David STAFF WRITER 7 Bagley said. "I can guarantee you we11 come out ready to play." His team a loser by one run in a It's impossible game it to say whether quite literally booted, USD Hill's speech had baseball coach any effect on a Rich Hill was noth ap veteran team, one that PY Friday night. entered yes terday with a 12-2 record in the mid His daughter, dle game of a weekend series. Toreros 13 Lindsey, tried to "We always come out hitting defend the ," Portland 4 · Toreros Bagley said. "It seems like every Sat by telling her dad urday, we put that she up at least 10 runs." was sure they had tried their Bagley got hardest. halfway there himself yesterday, driving And while in three with a it was not time to give home run over the 8-year-old Lindsey a scoreboard in life lesson about left-center in' the first inning how it isn't always whether and fin you try ishing with five RBI. His 2-for-4 but sometimes it's a matter day of getting ended a six-game stretch in which it done, the coach felt it was time to the team's batting average and RBI remind his players of that hard fact. leader batted .148 (4-for-27) and So before yesterday's game, Hill drove called in four runs. a rare pregame meeting. Also perhaps "It's the middle emerging from a of May," the coach slump is center fielder said later. "It's 'do' Tom Caple, time." who was 4-for-5 and is 8-for-15 By the time Hill spoke, over the Tore the past three games after a 16-game ros had done it, beating Portland 13-4 stretch in which he batted .230 (14- to bring themselves to within one for-61). game of the program's first division "Hopefully title. that's a harbinger of things to come," The Hill said. victory clinched at least a tie As is the with Portland continued effectiveness (22-24, 14-12) in the of left-hander Ricky West Coast Conference's Barrett, who West Divi threw a seven-hitter to avenge sion. But a tie means nothing his to USD only loss of the season back on (36-19, 18-11), as it would lose a tie March 22 and improve to 9-1. It was breaker with the Pilots, who have the 10th three time Barrett went at least games remaining after today's seven innings 1 and the 12th time USD p.m. contest at Cunningham Stadi has won in um. his 16 starts. Yesterday was the second If US~ wins today, Satur it clinches the day in a row in which Barrett division title and awaits took the winner of the mound with his team desperately the Coast Division for a beJt-of-tliree needing a victory following a loss the series May 24-26. If USD loses today, day before. it will need Loyola Marymount to "I like beat that situation," said Barrett. Portland once in three games ''You never know next weekend what tqe bats are . going to do. I just "Everyone knows took it on my what happens shoulders to shut them down."

~~101 I SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SATURDAY 374,133 MAY 11 2002~~

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580 QN . XZ1ll 28 .... . x USD loses series opener to Portland,~ still needs two wins to clinch ~ ~ By Kevin Acee, STAFF WRITER Matt Allen, scored the second run. McCoy started USD's It was a . baseball game in some ways so half of the :first with a ~ell-played, m some ways so ugly. It was a game home run on the second pitch he saw. A walk to mtenupted. Tony Perez and consecutive singles by Joe Lima and Jason It left USO still in control but with no room for Marian brought in another run, and error. - • Lucas Wennersten's grounder gave USO a 3-2 Portland scored two runs in the eighth inning lead. and beat the Toreros 4-3 yesterday in Both pitchers recovered nicely, each throwing a long, six consecutive strange opener of a three-game series at Cun shutout innings. This, despite a 24-minute delay ningham Stadium that could decide the West in the middle of the fourth Coast Conference West Division. inning when plate umpire Ron Ridd became ill ~ut only if USO wins the and had to leave the game. final two games. But 'We hold the season in our own hands," in the eighth, USO starter Tom Caple senior allowed catcher S.C. Assael said. 'There is no reason for consecutive singles and a walk to load the bases us to d? what we have done and have to sit back with no outs. Mike Oseguera came on and induced a double-play and w~t for another team to do it for us, when we grounder from Brock can do 1t ourselves." Griffin that tied the game. Sean W arlop was then called on . If the Toreros win today and tomorrow, they and got Joe Watson to hit a grounder to clinch the West If they win one of the games, first base, only to have the ball squirt through Jason Marian's legs, allowing the winning run to

they need Portland to lose once next weekend score. against Loyola Marymount. If USO is swept, it 'That was kind of a strange game," Caple said. needs Loyola to sweep at Portland. ''We're still concentrating on winning the series. This weekend ends the regular season for We've still got two more games." USO (35-19, 17-1[). The LMU series ends the season for Portlatld (22-33, 14-11). Aztecs lose to Lobos 'They're all important," USO coach Rich Hill New Mexico scored two runs in the seventh said. ''We just need to focus on our play. We've to erase a 4-3 deficit and added a run in the got to play better." eighth en route to a 6-5 victory over San Diego That is a fact. Six innings of great baseball State in a Mountain West Conference game in were sandwiched between two disastrous in Albuquerque. nings for the Toreros. Dusty Young (2-for-4) doubled in two runs for Portland took a 2-0 lead in the :first inning, the Lobos (21-29, 10-15) in the seventh. when it should not have scored at all. An inning later, New Mexico's Josh Mader It started with a bloop double that might have singled and scored on a three-base error by been caught, or at least played differently and center fielder Anthony Gwynn. limited to a single. Then came consecutive errors The Aztecs (36-20, 16-9), who have lost six of by shortstop Eric Verdugo and second baseman their last seven MWC games, got a run back in · Mike McCoy, the latter bringing in the first run. the ninth on Gwynn's sacrifice fly. The only legitimate hit of the inning, a triple by Rory Shortell (7-5) got the loss.

10s I SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374 , 133 MAY 10 2002 Two more wins put USD in wee playoffs -By Kevin Acee, STAFF WRITER ~ $~ of it. But once you're on the field you need bases. to put that aside and focus on the play." Llrna, who struggled at times this sea The team that has so strictly adhered to The Toreros (35-18, 17-10) have won five son, has batted .327 with 18 RBI over the its coach's credo of not looking beyond the of six WCC games after a three-week slide past 12 conference games. Catcher S.C. game at hand now has just two one-days-at in which they lost seven of 12 and fell out of Assael has remained solid at the plate a-time remaining. first place. while catching more then he ever has in The USD baseball team hosts Portland ''We've had that feeling the last two his life, and backup catchers Zach Dobek in a three-game series beginning today weeks that we had at the beginning of the and Luis Diaz-Miron are finally providing that will :finish the Toreros' regular season season," said senior right fielder Joe Llrna, viable offensive alternatives when Assael and likely decide whether they have a recalling a period that saw USD ranked as needs a rest Shortstop Ben Quinto's .337 postseason. high as 15th in the nation a month ago. batting average and stellar defense are The Toreros need to win two games to The series victory at Loyola Marymount available this weekend for the first time clinch the West Coast Conference West last weekend after losing the first game since Quinto broke his jaw March 23 at Division. If USD wins just one game, it will was affirmation that the Toreros could still Portland. need a little help when Loyola Marymount be the team they believed they were. The bullpen has been shaky; today's plays at Portland next weekend. If USD is "I'm much more confident now, just by starter, Torn Caple, has been human after a swept by the Pilots, it will need a lot of help the way we went about our business and season of alternating between center field from Loyola. the way we came back over the weekend," and the mound; and the defense has not The Toreros know all these things. Hill said. 'There are a lot of things we're been the sure thing it was earlier. "We try to stay away from (focusing on) feeling good about right now. We're put But, all in all, it is a good time for USD to the result," junior pitcher Ricky Barrett ting good swings on the ball." find itself where it does. said. "But we all know it We understand." The Toreros batted .378 (48-for-127) in 'This is the position we wanted to be in Their coach - who didn't originate one the Loyola series, scoring 14 runs in both from the beginning," said Barrett, who will day-at-a-time as a mantra but certainly wor of their victories. take an 8-1 record into tomorrow's game. ( ships at its altar - also knows these Leadoffhitter Mike McCoy, who missed "It's what we talked about all fall, all the things. 10 games with a sprained wrist, returned at way into January and all season. We want "We're keenly aware of it as a coaching the start of the six-game wee resurgence to have ourselves in a position to win (the staff, and our players are all pretty smart and has provided a spark, batting .348 school's first WCC title.) Now we've got to guys," Rich Hill said. "Everybody is aware (8-for-23) with seven runs and five stolen earn it"

Portland at USD: the possibilities The Toreros host Portland this weekend in a three-game wee series. This Is USD's final series of the season; Portland hosts Loyola Marymount next weekend. Loyola is at San Francisco this weekend playing a three-game series plus the conclusion of a game USF leads 24·21 in the 10th inning. Here are the three scenarios awaiting USO depending on what happens this weekend: ' 1. USO sweeps or wins two of ttlree The Toreros clinch the division and await the Coast Division winner for a best-of-three championship series May 24-26 at a site TBA. 2. USO wins one IJIIH The Toreros will need Loyola to lose one game at San Francisco this weekend and then win one game at Portland. (If Portland were to sweep Loyola, It would be 18-12 along with USO and win a tiebreaker by virtue of its better record against Loyola.) 3. USD Is swept The Toreros will need Loyola to lose two at San Francisco and sweep Portland. (USO has to finish with the best record, because in this scenario It loses all tiebreakers with both LMU and Portland.) wee Standin9s West Division Coast Division USO 17-10 - Saint Mary's 13-10 1 Portland 13-11 2 k Santa Clara 13-11 1 L1>yola 11-12 4 Pepperdine 12-11 1112_ 1 San Francisco 7-19 9 k Gonzaga 11-13 3 109 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SUNDAY 444,048 MAY 5 2002

~~Illlllll 1111111111111111111111111111111111111111111111111111 Baa»eDe's 5800 l#tkOIIIIUTIO# S~11t1,us QN ,XZ111 25 ,I .. ,n~~

College Baseball Toreros get hits from bottom end of batting order By Kevin Acee Maybe he needs to be drop ped a few spots in the lineup. tom. It has a lot this season." STAFF WRITER ~\$''-\ That's where the hitters Yesterday's victory was LOS ANGELES-No play currently reside on this topsy USD's school-record 33rd er cai1ies the VSD baseball turvy squad - as the bottom against Division I opponents. team. No statistic defines it four batters drove in eight of Moreover, it means any com The Toreros might leave USD's first nine runs yester bination of four USD victories two dozen day. or Portland losses clinches Toreros 14 -runners That's not characteristic of the WCC's West Division for on base theToreros (34-18, 1~10), but the Toreros. Loyola M. 4 and win. it is not altogether surprising. Portland (13-11 in confer They might score nine runs As Hill has searched for ence) comes to San Diego for and lose. hits that haven't come - or, three games next weekend. Such an unpredictable na more precisely, haven't come That will conclude USD's sea ture is the very reason USD at the right time - he has son, while the Pilots will have . has endured a horrific month. played a shell game with his three conference games re Yet it is also why the Toreros lineup. He has been especially maining. sit on the precipice of their antsy during the current 8-13 The winner of the West first West Coast Conference stretch. faces the Coast Division title. But no matter who Hill has champion in a three-game se "We're having the best sea put at the bottom of the lineup ries May 24-26 to determine son in school history, and we the past 21 games, they have the WCC's automatic berth in still seem to be searching," generally hit The top five the NCAA Regionals. coach Rich Hill said yesterday spots are hitting a combined ''We kind of control our after his team beat Loyola .293 in that span, while the own destiny," said Ricky Bar Marymount 14-4. "I don't bottom four are at .309. And rett, who failed to go seven know if it's good or bad." while the bottom four's .253 innings for the first time in his Yesterday, USD left 17 run average with runners in scor past eight starts but battled ners on, bringing its two ing position isn't stellar, it is through six innings and im game total in this three-game better than the top five's .244. proved to 8-1. "It comes down series to 33. David Bagley, Yesterday, Eric Verdugo, to us having to earn it We who leads the team in batting batting ninth, drove in the haven't really been earning it average and RBI, was 1-for-6 game's first two runs with a That's got to change." for the second straight day, second-inning single. Zach and he is hitless in eight at Dobek, batting seventh, drove bats with runners on second in two with a fifth-inning dou or third. ble. Tom Caple, batting sixth, drove in two runs with a sixth inning single, and No. 8 hitter S.C. Assael drove in two more with a single two batters later. "You have to get produc lion wherever you can," said Verdugo, who was 4-for-6 yes terday and is batting .326 in the past 21 games. "(This time) it came --from the bot- SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SUNDAY 444,848 MAY 12 2002

n the second day of the West- e Intercollegiate Softball . gue Tournament, USD lost to Saint Mary's before drop- P its second game to Santa 5-0 in Moraga. the first game, Kami Gray's run double was enough to · the Gaels the win. Jordan en improved to 9-10 for Saint s, while Allison Williams ( 5) recorded the loss for USO. the final round-robin game, D a Rodriguez (12-14) held th Toreros to three hits as the B cos cruised to victory. Tra ci Hall led Santa Clara with hits, an RBI and a run. J e · er Delpit (0-7) got the loss fo SD. e fourth-seeded Toreros (1- SL) will face No. !-ranked Lo la Marymount (5-1) at 11 , a. heading into today's elimina- , tio racket

~~111 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA TUESDAY 374,133 MAY 14 2002~~

I11111111111111111111111111111111111111111111111111111111111 Burrelles 580 l#l'ORMATIO#SE#tllCH QN ,XZ11t 28 , I , , ,I USD Basketball Report Toreros lure 'Frogs assistant By ~~:;l sch, STAFF WRITER "No. 1, Brad's got a great reputation as a head coach and the kind of man you'd want to work USD men's basketball coach Brad Holland for," Fish said. "No. 2, San Diego is a great place yeJrefciay filled the opening on his staff created to live and work and I'm excited about what USD by last month's departure of David Fizdale to · has to offer to recruits when we bring them out Fresno State with the hiring of Brian Fish as No. there. 1 assistant and recruiting coordinator. "I think Texas and the other states that I'm Fish, 36, comes to USD from Texas Christian familiar with is a great area to recruit, and I think University, where he had· been an assistant on it's an area that we can open up for USD.'' Billy Tubbs' staff the last six years. Tubbs retired Recruiting is Fish's forte. In Fish's six years at at the end of last season. TCU, the Horned Frogs had four classes that "I had known of Brian but hadn't known him were ranked among the top 20 nationally. personally . that well over the years," Holland Among those he secured for Tubbs and TCU said. ''I've been very impressed with him in our were All-American Lee N ailon, now with the meetings. He brings a wealth of experience with Charlotte Hornets, and 2001 junior college All 13 years as an assistant coach and has a network American Jamal Brown. of recruiting contacts that will enhance our ability to recruit out of state." , Osmundson on the way? Fish was an all-state selection out of Seymour Holland confirmed that the Toreros have re (Ind.) High in 1984 who went on to play two ceived the release papers from the University of seasons at Western Kentucky and two at Mar Utah and have been in contact with former St. shall before graduating with a bachelor's degree Augustine High standout Eric Osmundson, in sports management. He was an assistant for who is seeking to transfer after one year in the three years at Marshall, two at Kansas State and 'Utes program. two at Creighton before assuming his position at Osmundson, a 6-foot-5, 21~pound guard, was TCUin 1996. an All-Union-Tribune and first-team all-county Fish, who is married (Melyssa) with two chil selection as a senior in the 2000-2001 season, dren Oordan, 14 and Caryssa, 12) said his moti when he averaged 23.1 points and helped the vation for moving west was twofold. Saints to the Southern California regional finals.

112 M.I ::z C') CD= C') ... a: C -I- U.,. N I ::z .... 0 ~ C') 0 USD signs two for women's basketball c::, g N ::z w - ... N By Nicole Vargas, STAFF WRITER \ job at Chaffey College in Rancho Cuca = Cl ► Torerosawards c::, c ► monga. c., Z Cl ,C USD women's basketball coach Kathy ' Marpe also handed out postseason M.I C Cl> ::E Cl) a: Marpe has landed two freshman recruits. awards honoring three graduating seniors. CII :::» - ._:z: Andrea Krug, a 6-foot-1 post player from USDinjury update Rancho Buena Vista grad Janeene Ar ::z,c Leipzig, Germany, and Jamie Corwin, a Three players have undergone recent endsen was named Most Improved Player U) 5-11 forward from Renton, Wash., will join medical procedures. and given the Coach's Award. Rancho Ber the team for the upcoming season. Junior guard K.eni Nakamoto, last nardo alumna Robyn Fortney received Krug, who is playing on a German junior year's team MVP, underwent a new proce the Hustle Award, and M;elissa Glaze national tournament team, will add valu dure that uses sound waves to ease the brook was named Defensive Player of the able size. Corwin averaged 19 points and pain resulting from plantar fasciitis, an in Year. nine rebounds her senior season at liberty flammation of tissue on the sole of the foot High and was named King County League Marpe says Nakamoto has responded well Player of the Year. to treatment and will be re-evaluated in SDSUsummer camps Both are late additions to a recruiting four weeks. San Diego State women's head coach class that already includes 5-10 point guard Junior center Erin Malich had knee Jim Tomey will host three camps this Tia Harris from Colorado Springs Pine surgery and is expected to be out one to summer. Creek High and 5-10 guard Llndsey Helvey two months. Day camps will be held June 18-21 and from Anaheim Esperanza Freshman guard Brandi Collato also Aug. 5-8 and will be open to girls ages 7-18. Harris was named all-state after averag had knee surgery to repair tears in her The cost is $225. ing 15 points and seven rebounds. Helvey patella tendon, and the Santa Fe Christian A third, more specialized camp, the Jim averaged 13 points in winning Sunset grad is expected to be sidelined three to Tomey Post and Perimeter Skills Camp, League MVP honors. four months. will be held Aug. 5-8. Junior high and and The Toreros have lost one player in Although freshman Polly Dong, who high school players are invited to attend as freshman Cassidy Blaine, the former Idaho redshirted last season after breaking her commuters or overnight campers. The State Player of the Year from Boise High foot, is on the court again, junior Marie cost is $225 for commuters and $375 for who has transferred to Boise State. Plocher, who redshirted last season for overnight In one other departure, assistant coach the same reason, will have more surgery Dawn Baker accepted the head coaching on the foot next month. For more information, call (619) 594-4095. SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 24 2002

IIIIIIII Ill 1111111111111111 lllll 1111111111111111111111111111 Burrelle'S 580 ll_,0."4Art01f S~lttllCIES QN .XZ111 26 , I ... X Aztecs, Toreros advance in tennis V\ San Diego State's Oliver Maiber Earlier in the day, Mai berger won the ger advanced to the round of 16 in fufal three games of the third set to singles and Maiberger and teammate take a 5-7, ~4. 7-5 victory over 22nd Ryan Redondo reached the round of ranked Marcin Matowski of UCIA in 16 in doubles yesterday at the NCAA the secl:md round of singles. Men's Tennis Championships in Col The USD doubles team of Juan lege Station, Texas. Cerda and Jason Pongsrikul (Point Maiberger and Redondi;,, third Loma High) won its first-round ranked and third-seeded, beat 18th match with a 5-7, 7-6 (8-6), ~4 upset ranked Matias Boeker and Bo Hodge of 36th-ranked Frantisek Krepelka of Georgia ~4, ~ in the first round. and Matt Prentice of Oklahoma State.

~~114 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA WEDNESDAY 374,133 MAY 15 2002~~

1111111111111/ IHI 1111111111111111111H/11111111111111111111 BurreJJes 580 ll"O#I/AArlO# SE#IIIC~S QN ,IZ11t 26 ,I, , ,X Bulletin~\ ■ TRACK AND FIELD: Cuyamaca College sophomore MalJIJI Das (El Capitan), a 100-meter hurdler, has signed a letter of intent to attend the University of Nebraska. ■ ACADEMICS: Baseball player Jon Stephms and track standout Jllllta Griffin have been named San Diego State's SBC Pacific Bell Student-Athletes of the month for May. Ste phens, a kinesiology major, finished April with a 15-game hit ting streak. Griffin, a sprinter, is an economics major. have ■ TENNIS: Juan Cerda and Jason PoncJsrlwl of USD been named West Coast Conference men's doub esp ayers of the month for April. Cerda and Pongsrikul helped the Toreros to a second-place finish at the wee Championships.

~~115 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA FRIDAY 374,133 MAY 17 2002~~

I11111111111111111111111111111111111111111111111111111111111 BurreJJe·s l#,-O#MllrlO# Sf.llll/C.t) 580 QN .xz1u 2e ..... x Balletin Board \'$ ■ SPIRIT SOCCER CLINICS: The San Diego Spirit women's team will come to your youth team's field and teach fundamen tals for 90 minutes. Teams can choose from a list of drills to personalize their clinic. Available dates and times are limited. Space is limlted to 20 players per clinic. F' or more information, contact Tommy Tate at (619) 278-3184 or via email at ttate@sdspiritcom. ■ USD GOLF TOURNAMENT:J,!SD:s men's soccer team will hold its first benefit golf tournament at the Doubletree Golf Re· sort on June 21. The shotgun start for the scramble format will be at 11 a.m., with prizes for low net, low gross, longest drive, closest to the pin(s), and a raffle and auction. Cost is $150 per person; entry deadline is June 14. for more information, con· tact Pauline Thonnard at (619) 260-5917 or the men's soccer office at (619) 260-2305.

~~116 SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA MONDAY 374,133 MAY 20 2002~~

~~11111111111111111I IIIII IIII lllll 1111111111111111111111111111 BurreJJe•s l#l'OtlltllArlO # St#!hC.tJt sea' QN .XZ1H 26 .•. \ .. x ~'io joke: Foudy's first goal lifts Spirit~~

By Mark Zei9ler STAF'F WRITER All winter, Julie Foudy heard about it All spring, too. Her teammates would joke about it. Her friends would joke about it "It was in the Spirit 1 family, it was at the Charge dinner table," Fou 0 dy said. "After a while I was like, 'All right, all right, I know. I haven't scored.' . . . There's only so much joking you can take." And there are only so many games Foudy, one of the greatest players in • U.S. soccer history, can go without scoring a goal in the WUSA The drought had to end, and it did yester day at the most opportune time - a 1-0 San Diego Spirit victory over the first-place Philadelphia Charge before 5,779 at USD's Torero Stadium. Taking a pass from Shannon MacMIiian, Julie Foudy heads In the game-winning "Ian was in town," Foudy said of her goal past Charge goalie Melissa Moore. Jim&ird/ Union-Tribune husband, San Jose CyberRays coach Ian Sawyers, "and before the game he by grabbing her shorts and nearly the lower left corner of the net for her said, 'I can feel it. I feel one in you yanking them off. The resulting free first goal in 25 career WUSA matches. today, maybe two.' I said, 'Hey, let's be kick was on the right side 40 yards Foudy stuck her finger in the air, realistic. Let's hope for one.'" from the goal, and Shannon MacMil then pumped her fist a la fellow It came in the 43rd minute, mer lan lofted it high into the penalty area. Stanford alum Tiger Woods. Then sev- ments after Philadelphia defender Jen Leaping through a crowd of defend ny Benson had fouled Zhang Ouying ers came Foudy, heading the ball into S EE Splr.it, ES .--

117 Notes The Spirit is 8-0-3 when it scores first ... ~-~,~~!!!,. PAGEEl () \ The next game is Saturday at last-place New York, a team the Spirit beat o-1 here on April S.D. jumps from seventh 20. The next home game is June 1 against 1 Atlanta . . . At halftime the Spirit honored to tie for third with win Scott Delgadillo, the inspirational Patrick Henry High student who died of leukemia last year, and took en teammates rushed to collections for the Leukemia her in a celebration\ and fueled by relief as much as euphoria. Lymphoma Society. • No more scoring jokes. 'That goal," Spirit coach Carlos Ju~ez-said, ''was huge for her confidence." likewise the team's. The Spirit seemed energized by Foudy's strike, shutting out a \ Philadelphia side that was 4-0 this season and had not scored fewer than two goals in a game. It was also the Spirit's first win against the Charge in four tries. \ The other half of the game ball should go to defender Rhiannon Tanaka, who had the un enviable task of marking Kelly. Smith, the English midfielder who had given opposing ) teams plenty of trouble this season. "I said, 'Rhi, you're going to follow Kelly Smith wherever she goes on the field,' " Jua ( rez said. "My only concern was that she'd get a yellow card early and not be aggressive for th~resaktof the maftcthh. But sheplahyedd smartk" . \ 1 an a, one o e 1eague s ar est tac - lers, indeed received a yellow card. In the 87th minute., • Spirit The Charge (4-1) had several chances to midfielder Julie Foudy (11) Is mobbed by score in the second half, but the Spirit es teammates after scoring her first WUSA caped each one - partly through the heroics goal. Jim&ird/ Union-Tribune of goalkeeper Jamie Pagliarulo, partly · through luck (forward Marinette Pinchon missed a point-blank shot) and partly through pure grit A week ago, the Spirit (2-2-1) got a last-sec ond goal from Sherrill Kester to tie defending champion San Jose on the road. This week, it dug in and rode out several mad scrambles in front of its net in the closing minutes. 'The last 15 minutes, we had no legs,'' said Juarez, whose team vaulted from seventh place in the eight-team league to a tie for third. ''We were really tired. But last week showed that with a lot of heart and desire, you can get a positive result The players were telling each other out there, 'We're not going to let then' score, we're not going to let them score.' "

~~118~~

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~~after after~~

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~~secured secured~~

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~~Spirit Spirit~~

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~~were were~~

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~~vs. vs.~~

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~~MARK MARK~~

~~the the~~

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~~saying, saying,~~

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~~Spirit Spirit~~

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~~I I J J SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SUNDAY 444,049 MAY 12 2002~~

I11111111111111111111111111111111111111111111111111111111111 BurrelJes 5800 l#f'OIIMATIO# SElllflCLI QN .xz1u 28 .a ... n PLAY BALL, AND THEN SOME New team puts more kick in pro sports By Chuck Scott SPORTS EDITOR \ There is no shortage of spec tator sports events in San Diego County in the summer. The Padres, who surpassed expectations on the way to a 79- 83 finish last year, opened the 2002 season April 1 in Arizona against the World Series cham pion Diamondbacks. Their 162- game schedule, which includes 81 games at Qualcomm Sta dium, runs through Sept 29. It will be the first season since 1981 the Padres will be without eight-time batting champion Tony Gwynn, who retired in 2001. The horses will return to Del Mar for another thoroughbred racing season. The meet opens July 24 and runs through Sept 11. The San Diego Spirit is back for a second season of women's professional soccer. Featuring Shannon MacMillan, Julie Foudy and Joy Fawcett, the Spirit played the first of its 10 San Diego Spirit forward ara Koleski and Atlanta Beat defender home matches April 13 at the Dayna Smith battle for the ball. John Gibbins/ Union-Tribune renovated 7,035-seatTorero Stadium on the campus of the and Spa in Carlsbad. Defending coming to town, with the advent University of San Diffi}o, The champion Venus Williams, en of the San Diego Riptide arena team's season runs ough nifer Capriati, Martina Hin ·s, football team. The Riptide be Aug.11. Lindsay Davenport, Moni Se gan its 16-game schedule, Also returning will be the le and Anna Kournikova e which includes eight home Acura Classic women's tennis among the players who ha games at the Sports Arena, with tournament, July 27 through appeared in past years. its inaugural game April 6 Aug. 4 at the La Costa Resort Finally, a new game will e against the Bakersfield Blitz.

~~120 / SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SUNDAY 444,848 MAY 5 2002~~

111111111111111111111111111111111111111111 HIii 1111111111111 Baa »&De• 5800 l#,0•1Uno11 SEINICH ,XZ11t QN 25 ,I,, ,n Chinese have been the glue for depleted Freedom team ~ :S'-\ By Mark Zei9ler goals and two assists through STAFF WRITER three matches. Bai and Pu? Spirit vs. The midfielders have merely San Diego Spirit coach Car held together a Freedom Washington los Juarez thought for a mo team ravaged by injuries, gut Site/tlme uso•.s Torero ment that the soccer gods ting out a 2-1 win over defend Stadium/ 5p.m. were cutting him some seri ing champion San Jose and TV: Live on 4 San Diego. ous slack. His opponent to losing to 2001 finalist Atlanta Records: Spirit ( 1-1-1); day, the Washington Free last week on a 94th-minute freedom(l-2) dom, already is without goal. Last forward year: The Spirit held a Mia Hamm, defender Hamm initially targeted to 2-0· 1 advantage, including the Steffi Jones and goalkeeper day as her 2002 season debut 2-0 win at Torero Stadium that Siri Mullinix, and now as he after o:ffseason knee surgery marked the first goal in team watched the Freedom players but is still a few weeks away history (by Shannon MacMillan). walk into Torero Stadium yes and didn't make the trip. Mul Outlook: The Spirit has its three terday for practice he didn't linix is recovering from shoul national-team players back, but see their two Chinese stars, der surgery and is available now it has a hole in midfield. Bai Jie and Pu Wei. today, although Dawn Usual starter Jen Mascaro is out False alarm. Greathouse is expected to at least a month with a broken Bai and Pu were in the cor bone in her foot, and rookie Lori start Jones won't join the Lindsey ner, catching up with the Spir received a red card last team until the German sea week at Boston and must serve it's two Chinese players, Fan son ends later this month. a one-game suspension. Former Yunjie and Zhang Ouying. And rookie defender Casey bobsleddier Shauna Rohbock, Today's 5 p.m. match will Zimny, who had filled in nice who sco~d both Spirit goals last be the first time in WUSA ly for Jones during the presea week, is expected to start at history that four Chinese son, suffered complications forward again. This ends players are on the field at from an ovarian cyst and was probably the easiest segment of once - a chance, in Juarez's lost for a month. the Spirit's schedule (three of the first words, "to see how incredibly "You've got to play with the four games were at technical and how sophisticat home, and all but one against cards you're dealt," Washing teams that didn't make the ed these (Chinese) players ton coach Jim Gabarra said. playoffs last year). Four of the are." "Certainly Mia bring some next six are on the road, Fan is a stalwart in the Spir thing not a lot of peo le can including two at defending it defense, and Zhang was bring to a team, but I ouldn't champion San Jose. named WUSA co-Player of be more pleased with e way Tickets: About 900 remain. the Month for April after lead our other players have - MARK ZEIGLER ing the league with three stepped up."

~~121 SAN DIEGO UNION-TRIBUNE ( SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA SAN DIEGO, CA SATURDAY 374,133 SUNDAY 444,649 MAY 18 2002 MAY 19 2002~~

I11111111111111111111111111111111111111111111111111111111111 I11111111111111111111111111111111111111111111111111111111111 Burrellew Burrelle·s 580 lll"OIIIIAATJO# .S•IIVICl:I QN 5800 ' ""' 0IIMArlOII StllVl[f ~ QN .11111 28 .... . x ,XZ111 26 ,I,. .n

~~~ Union-Tribune SAN DIEGO UNION-TRIBUNE SAN DIEGO, CA Youth&Fami SUNDAY 444,849 May 19at5pm MAY 12 2002~~

Torero Stadium, USO I11111111111111111111111111111111111111111111111111111111111 Burrelle,s reserved 5800 QN 4 tickets .11111 21 . 1 ... n 4 hott ogs SAN DIEGO UNION-TRIBUNE 4 sodas · SAN DIEGO, CA ( THURSDAY 374,133 - $"ForFamily MAY 2 2002 - Fun

~~I11111111111111111111111111 lllll 1111111111111111111111111111 BurreJJes SAVE$ l#RlalUIIIIO# $611r1C6.$ 580 QN ,11111 25 ,I,, ,X~~

~~For tickets and information, call 877-4SOCCER Tickets also available at USD's Torero Stadium Box Office on Sunday, May 19 beginning at 10 a.m. [while supplies last]~~

~~122~~