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Hastings Law News Vol.22 No.5 UC Hastings College of the Law University of California, Hastings College of the Law UC Hastings Scholarship Repository Hastings Law News UC Hastings Archives and History 2-2-1989 Hastings Law News Vol.22 No.5 UC Hastings College of the Law Follow this and additional works at: http://repository.uchastings.edu/hln Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.22 No.5" (1989). Hastings Law News. Book 164. http://repository.uchastings.edu/hln/164 This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Hastings Law News San Francisco, California February 2,)988 Volume 22, Number 5 Governor Evasive on Board Appointment Etienne Chairman Jamison Seeking Appointment reappointments beyond the expi- By James P. Ballantine ration of the tcrm." Statutcs EDlTOR-IN-Onl.F govcrning thc Collcge give thc An investigation by the Law governor the power to appoint News indicates that Director Hastings Board members to 12 Myron "Doc" Etienne, elected years terms subject to approval vice-chairman of the Hastings by the state senate. Board of Directors last year, is Sources also conflrm previ- currently its de-facto chairman. ous Law News reports that two The board has expressed its unani- additional Board seats are unex- mous suppport for Mr. Etienne's pectedly open for reappointment reappointment, and several ob- along with three already acknowl- servers have indicated their hope edged vacancies. that such a reappointment will be A surprise announcement by forthcoming from Governor embattled Chairman Harold S. George Deukrnejian .. Dobbs in Decem ber that he would The makeup of the Board of not seek reappointment has elimi- remains uncertain, however, since nated the controversy over the governor has not yet made whether he would contmue ｡ｾ＠ appointments, and its specific chairman, and raised new ques- composition remains unclear.duc tions as to the Identity of potential to statutory uncertainties. Thc successors. PHaro COt;RTESY 01' TIlE R£CORDER/RUSS CL'Rns One individual known to be Governor's office has been asked u.s. Senn/or Joseph Bulen responds /0 qu£s/ions/rom s/udenls during his recenl "ISi//O Has/ings. Story on page 2. by Hastings officials to announce actively lobbying for an appoint- an appointment in time for the ment is Max Jamison, a former Board's next meeting, which is director and general counsel of scheduled for March 31. the College who has been linked Ex-Student Files Harassment Suit to the misappropriation of re- According to Charles S. reach the plamtiff, 1988 graduate lions. stricted funds. Jamison resigned Poochigian, an official in Gover- By Matthew Davis Conme Steele, for comment on Khaehadour told the Law from the Board in 1985 to become EXEctmVE EDITOR nor Deukmejian' s appointments the case have met with no suc- News that in keeping with the general counsel to the College, office, "the vacancies will be filled Christina A. Dalton cess. recommended practice, school but withdrew as counsel last in the very near future." Poochig- NEWS EDITOR The 25-page complaim does officials would withhold comment summer amid controversy sur- ian indicated, however, that the James P. Ballantine nol allege overt demands for sex on the litigation unul the college rounding the alleged misap- EDITOR -IN-CHIEF appointments may nmall be made in exchange for wages or aca- has been properly served. She until April. "The Hastings Board proopriations. A former Hastings student has demic credit However, it ac- assured the Law News that It Etienne as Chairman is considered to be very important filed a lawsuit alleging sexual cuses Professor Smith of subject- would be apprised If and when According to a memo recentl y here, " he stated, and attributed harassment by Hasungs profes- Illg Steele to sexual harassment process was served, and that she the time lag to "administrative sent to Poochigian by Hastings sor Juslin Smith, the Law News dunng several months that she would make available copies of General Counsel Angele difficulties." Poochigian added le<lrTlcd Wednesday. Filed III claims to have woO-cd for him as the school's reply. Khachadour, vice chairman that, "it is not uncommon to have CaliforniaSupcnorCoun Decem- a research ｡ｾｳｩｳｴ｡ｮｴ＠ According to Stccle's attor- Etienne's term expired on Janu- ber 30 but servcd on no defcn- Thc complaint also comends ncy Pauline Tesler, there is "no ary 1,1989. However,Californla dants to date, the SUit al. 0 names that defendanlS Lathrope, Kane speCific plan rcgarding when the In This Issue ••• Government Code § 1774 pro- Professor Mary Kay Kanc, Dean and Oppenheim fruled to act on defcndants will be scrved," but it vides that a vacancy In an office to Daniel Lath rope , Director of Stu- NEWS knowledge thaI Smith had har- will be in conformance with which the Governor appoints the dcnt ServIces Patsy Oppenheim asscd Stecle and other fcmale Superior Court rules of civil pro- Hastings,lProp. 103 ........... 2 occupant docs not become vacant and the law school ｡ｾ＠ co-defen- ccdure. Tough Admissions ........... 5 rcsearch assisLanIS. until (i() days after the expiration danL, and ｜ｩｳｌｾ｣｡ｵｳ･ｳｯｦ｡｣ｬｩｯｮ＠ for Khachadour stressed that shc Ncw "W" Pol icy ............. 19 Steelc also filed charges of the term. This statute IS appli- fraud, mlsrepresentalion, negli- agamst Hasllngs several weeks took no SIance on thc veracity of cable to Etienne's seal, according gent breach of contract, and vio- ago with the California Depart- Connie S Lee Ie 's accusations. "In FEATURES to PoochigIan. Therefore,Euenne lations of the Fatr Employment ment of Fair Hou ing and Em- general, I am very cautious in remains a director until 60 days Talkin' ''Talk Radio" ........ 7 and Housmg ACL ployment That clai m , which does formulating opinions In thIS type Thai House Reviewed ...... 8 after January I. The information received by notnarne Smith ,alleges thatSteele of matter," she said. ''The charge Ｇ ｾ＠ Ski Tahoe ......................... 8 PoochigIan says the provision the Law News about the suilleft was denied wages owed her be- IS very serious." Khachadour ｾ＠ Out of Africa .................. 15 : appears not to apply to chainnan many questions unanswered. The cause she objected to sexual har- added that her duty as counsel Dobbs, however, since he will not suit came to the attention of the assment Reached by phone late was a double-faceted one: a duty < seekreappomtment ALaw ews paper through an anonymous OPINIONS Wednesday evening, Professor to the school to aven false charges [! investigation indicates that smce phone call directing staffers lO a Smith declined to comment on from being made against a pro- OLEOP Perspective ....... 11 Etienne was vice chair at the end copy of the complainl in the Law INS Visited ..................... 12 the action, but Hastings General fessor and a duty to students to of the year and the board has not News' SIC mailbox. Strenuous Counsel Angele Khachadour said prevent professors from engag- cofllin.ad Oil fHZge 16 efforts by Law ews editors to that Smith had denied the allega- ing in unacceptable behavior. = j Page 2 Has/ings Law News February 2,1989 Proposition 103: The Hastings Connection Board Member Cotchett Leads Defense With Help From Hastings Professors ber. The controversial enactment assault. For the defense, how- By Christina A. Dalton fealures strong measures directed ever, Cotchett has assembled a NEWS EDITOR at what many see as much-needed team of experts, all working pro regulation of the state's insurance bono, that reads like a legal For the grassroots political industry. scholar's 'Who's Who.' organizers who drafted Proposi- In December of 1988, the Contributing in various ca- tion 103 and are defending the CaliforniaSupremeCourtgranted pacities to the defense brief were newly-passed insurance rate re- a stay on one of the proposition's Loyola Law School's Karl M. duction law againsta blitzkrieg of most hotly-contested provi- Manheim (constitutional law), suits from insurance companies sions-a rollback of rates to lev- Boalt Hall's Robert Post (consti- calling for its invalidation, els operative as of a year before ｴｵｴｩｯｮ｡！＠ law), University of San Hastings College of the Law has the bill's passage and a 20% cut- Francisco's Peter J. Donnici proven a rich source of legal back on top ofthat-pending liti- (antitrustlaw),as well as Hastings' expertise. 103's defense team is gation as to their constitutional- Schwartz on antitrust and regula- spearheaded by a member of the ity. tion issues and Lathrope on tax law school's Board of Directors, Filed the day after 103 passed questions. 11./ plaintiff's attorney Joseph W. and consolidated under Cal Farm A well-traveled, latter-day Cotchett, and two Hastings law Insurance Co. v. Deukmejian, the 'renaissance man' with the rare professors, Louis B. Schwartzand attack on the initiative labels the ability to radiate exuberance along ./1 Academic Dean Daniel J. rollback as an unconstitutional with erudition, Professor Louis Lathrope, have been recruited to PHaro BY AUDREY IsRAEL taking of property. B. Schwartz teaches antitrust, Professor Louis B. Schwartz, a key player in the Prop. 103 defense, aid in the effort. The Ralph Nader- T echnicall y, the proposition's regulated industries, criminal law , is no stranger to pro bono cases. sponsored initiative passed by a principal defender is the S tate of and professional responsibility as hefty margin over four other in- California as represented by At- a member of Hastings' prestig- surance proposals last Novem- torney General John Van De ious 65 Club.
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