News Scrapbook 1980-1981

BLADE TRIBUNE

DEC. 2 8 1980

SAN DIEGO UNION

DEC 2 7 1980 Toreros Travel To Stanford, C I

Heppell Haunts Stanfordas USD Wins in Overtime By STEVE DOLAN Times Staff Writer PALO ALTO-As a semor a+ Christian Brothers High School ift Sacramento three years ago, Davt Heppell had high hopes of receivinS a basketball scholarship from Sta ford. But the Stanford recruiter backed qff at th_e last minute, hel ing Heppell decide mstead to atte Sacramento City College. While at Sacramento City, H~ pell was still hoping for a scholar ship to Stanford-or any Division school that would take him. T only feeler came from the Univel'Sl ty of San Diego, making it an e choice for the 6-8 center. Given a second chance to thi Please see USD, Page

University Just For Seniors To Begin Applications are still being accepted for the University of the Third Age to be held at the University of San Diego Jan. 5-23, 1981. The 1981 edition of the unique university session designed specifically for senior citizens seeking intellectual stimulation and moderate physical activity. Now in its fourth year at USD, the program is based on a model developed at the University of Toulouse in France. The 12-day session includes special exercise pro- grams, lectures and round table discussion on topic! ranging from world politics to consumer advocacy There will be special presentations on the economy age-ism, health, cancer treatment, the ERA, myths and history, the social security system, a look behind the headlines of a major newspaper, coping with de- pression, nuclear energy, investments, literature and more. The arts claim an important place in the overall program and several concerts arc scheduled including a chamber music concert and a jazz concert. The purpose of the program is to stimulate seniors intellectually and physically while offering emotional comfort. Past editions of the unique university have netted remarkable results. Tuition for the program is $30 and enrollment is limited. For more information, call USD's office of continuing education at 293-4585. -.-::: -~- ... ·:·:· .. - ·:·:·::::::::. :·.•.•.•.•::::::::.·•·•·:.::.·::·:_·:::.::·:.:. :: . ... :.; .. -.- .. -.

The University of San Diego (5·3) basketball team travels to the Bay Area for games against Stanford to- night and California Monday. The Toreros, who won three of four home contests last week, are led by forwards Bob Bartholomew (13.6

pEc 2 s 1 USO: 79-70 Wi~ Continu d from First Page . 0 aboul Heppell the people at Stanford might nowkg • l Heppell had lwo ey back on their or1gmal as cssmcn · · Pavilion, baskets m overtime a_turday m~h\a~ii~c to a 79-70 including the game-winner, as c e victory. over the Ca rd mals. 1 •t Division I "lt seems Stanford had told me wasn h t Sa · II d "I had a tcac er a · matcrial,"cltcpp~~ :~/g;aduate of Stanford, and he cramcnto I Y w They said I couldn't help wrote to them about me. them.'' d · mt to If II ppcll can't help Stanford, h~ ma c it a P~i d in hurt the Cardinal . When Saturday s game was e overtime. 62-62. Heppell look control. 2 Baskeh, Rebound and Steal . USD a l{c first Sco red back-to-back baskets, g1vmg • . · · Heppell then re- 66-62 advantage with 2,30 remammg. . to a three- bounded a missed Stanford shot, Jeadmgthe Toreros a ~9~6~P~f~rn~~~~:C~t~;:s~:~:o~rEat~~= steal by Heppell Jed to two free throws Y table 71-62 !per, proVlding USD with an msurmoun ushion with I,33 to pla~ie to beat their first Pacific- IO The Torcros were a execution and great shooting. ~~~nc~~to~j;: fuet~c~:;~t half (16 of 22), then finished with a 31 or 50 effort foI' a 62% ratio. h other" "We're. having a lot of fun passing to eack ·gh't Lr d "That's one of the eys n oach .hm Brov~ I ska1 . bad shots and we're playing ;now, we haven t .~a en consislent defense. . where all five 'The consistency carried .to offensctholomew had 23 starters finished m doubhle20f1guHrceps.pBaell\4 Stockalper 12 t Rusty Wh1tmars , ' h d pom s. 0 B tholomew and Jones also a and Gerald Jones I • ar eiguhst;c~~ni~~P;~~~- of its last five games.. raising i2ts5 T s won 1ust six times m record to 6-3. Thch orrerosl year on the Division I lev- gam last sea on, t e1r 1r cl · 1 I " Brovelli · ..we're showing credibility oln this eve , ver body -d "We took our lumps last year. Now e y SOI • . u knows we are ahvc.

EVENING TRIBUNE DEC 2 9 1980 Toreros take on California after stunning Stanford USD's basketball team continues it assualt on the Pac- JO Conference tonight when it travels to Berkeley to take on California's Golden Bears. The Toreros stunned Stanford Saturday night by taking a 79-70 overtime victory over the Cardinals on the losers' floor. · The teams were tied at 60 at the end of regulation, but USD outscored Stanford 13-2 in the first 3:48 of overtime to lock up its sixth win in nine outings. Bob Bartholomew, a 6-8 senior forward, hit 10 of 13 field goal attempts in scoring 23 points and Rusty Whit- marsh added 20 as the Toreros shot 62 percent from the floor. Meanwhile, Lester Hawkins scored 27 points and grab- bed 13 rebounds in pacing Glendale to a 84-72 wm over Long Beach City last night in the finals of the Palomar- Elks Christmas Classic. Earlier in the evening, Palomar, despite 20 points from Mike Davert, lost 63-58 to Mt. San Antonio in the third place game. Pasadena won the consolation round by defeating Cuesta 82-65. In other holiday basketball action. Southwestern Col- lege defeated Scottsdale 82-67 yesterday to move !nto today's semifinal round of the San Diego Mesa Invitation- al Tournament. Dick Bramwell scored 19 points and Reid Burns con- tributed 15 more off the bench for the Anaches, who will meet Grossmont, 74-56 winners over Bakersfield yester- day, at 8:45 tonight in the Mesa College gym. In tonight's other semifinal match, Imperial Valley meets Rio Hondo at 7. Imperial Valley, behind Mike Burns' 23 points, bested host Mesa 81-75 m yesterday's other game.

USO: Cal Has to Work, 60-56 •iA>ntlnued from First Page Mark McNamara of California was the giant. USO held California scoreless the first three mmutes and 36 seconds, jumping to a 5-0 lead. The 6-11 Mc- Namara scored seven of the next eight points, giving the Bears an 8-7 advantage. Keeping patient on offense against the California press, the Torcros eventually built a 28-21 lead with two minutes left in the half. The Bears scored the next sev- en points before a Stockalper field goal gave USD a 30-28 halftime edge. Coming off a 16 of 22 performance from the field in the first half against Stanford, the Toreros again had a hot firsl 20 minutes. USD hit 12 of 18 field goal attempts, com- pared to California's 9 of 23 effort.

LOS ANGELES Tllv1ES

DEC 2 9 1980 USO Plays at Cal Tonight From aTimes Staff Writer BERKELEY-The University of San Diego baaket- ball team will be shooting for Its second straight road win against a Pacific 10 opponent when it plays Califor- nia tonight at 8 o'clock. USO won for the fourth time in its last five games Saturday, beating Stanford in overtime, 79-70. The Toreros (6-3) can surpass last year's win total With a Victory t.onlght. Cal has a 6-1 record, Its only 1068 coming against Indi- ana in the Hoosier tournament.

LOS ANGELES Tllv'IES !lE -~'1:-u....w••v USO Gains More Respect in losing to Cal, 60-56

SAN DIEGO UNION Df.C 0 7980

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C-6 Tuesday, December 30, 1980 RESULTS OF SUPREME COURT DECISIONS CALLED 'TERRIBLE' THE SAN DIEGO UNION

Charitable Toreros Beaten At Foul Line BERKELEY - Despite making four more field goals, aggressive University of San Diego was whistled for twice as many fouls last night and dropped a 60-56 deci- sion to the University of California Bears at the free throw line. The Bears, winning their sixth straight while posting a 7-1 mark, cashed in on 18 of 32 free throws while outscor- ing the Toreros from the charity line by 12 points. USD sank only 6 of 12 chances from the free throw line and suffered its fourth Joss against six wins while being called for 26 personals to 13 for Cal. The Bears also won the rebounding battle 31-25. USO led most of the game before the Bears rallied in the second half to break a 44-44 tie as freshman guard Butch Hays came off the bench to make two steals and then score layins for a 48-44 lead. USO tied it at 48 with five minutes left before Cal ran off eight straight points in the next four minutes. The game was tied 11 times. Hays had 10 points and five steals. Mark McNamara topped the Bears with 13 points and nine rebounds. Mike Stockalper paced the Toreros with 16 points while Gerald Jones had 15 and Bob Bartholemew 14. ' Torero ,agers run afoul of California California found University of San Diego's basket~af team in a charitable mood last ~ight, and the Bears g a . Jy accepted the visitors' gener~s1ty. I C I used a big Though outscored by_ four field goda s, tsD 60-56 at d tage at the chanty stnpe to own . for its seventh victory in eight outmgs. The Toreros are now 6·4· • ff · g a 96-68 UCSD also lost on the road last night, su erm'f 1 of setback against Sou~~r:ib~~f\!~~~:e~~ei~e~~:a~ty, ~~f 0 b 0 Jsii 0 ~f;; ~al Lutheran tonight in the consolation gamn:ther area college plays away from home tonight : US International University travels to Long Beach w en . . Be h State 49ers. The Gulls are 5-8 to take on the Loigal c!~hed in on, 18 of 32 free throws on the season. • ts t the foul line while outscormg the USO by 1~ t:e Bears caught up USD Jed most of th~ game e half The Toreros tied and went ahe~d 418-44 m_thet s:~°Jt but ·cal ran off eight it at 48-all with ive mmu e . , straight points to sew up the w~inners with 13 points and .Mark McNam!~f1 ! 0 ~~: ~t~kalper (16), Gerald _Jones nme rebounds, h 1 (l4) scored in double figures (l 5) and Bob Bart o omew EVENING TRIBUNE

Inroads On Econo_mic -Rights Alarm USD's Prof. Siegan

By STEVE DOLA.111 Times Staff Writer

BERKELEY-Without w~nning a game Monday night. the Umvers1- ty or San Diego ba~ketball team continued toward its pre-season goal of gaining respect. The Toreros were in the game untll the fmal three ~inutes before finally losing to Caltforn1a, 60-56, thus splitting their two-ga:r:e road trip against Pacific 10 oppos1t1on. . Before coming north, C0'.1ch Jim Brovelh of USD had admitted he would be more than happy "'? th a split. The goal was quickly achieved when the Toreros beat Stanford m overtime Saturday, 79-70.. Smee splitting its first four games, USO has won four of the last six. 'The team's six wms already equal last year's season total. "We kind of feel good about the way we played," USD guard Mike Stockcr said. "We can't let_ these kind of games get away. Wmn:ng the close ones will dctermme whether we have a good or bad sea- son. 1 just hope we get the rest of them." Until the final lOmmutes Monday night, USD had led mosl of the game. But California made a qmck turnaround with six straight pomts lllldway through the second half, taking a 48-44 advantage. USD proceeded to score the next four pomts, tying the game at 48 with 5,06 to play. The Torero~ then didn't score the next fo~ nu~utes and 28 seconds, whi_te Ca}1forrua put the game away with eight unan- swered pomts. Mike Stockalper led a balanced USD offense by scoring 16 points. Gerald Jones scored 15 and Bob Bartholomew added 14.

bother us,"' said Siegan. In recent years, the courts have en- forced economic rights in a few sa- crosanct areas - freedom of the press and religion, abortion, voting rights and the like. Siegan noted that the courts struck down an Oklahoma law permitting women to drink beer at 18, but forc- ing men to wait until they were 21. The court knocked it down on the basis of discrimination - but actual- ly, the economic rights of both the vendors and buyers of beer in the state were in question. In another case, the Supreme Court knocked down a Virginia law prohibiting advertising of pharma- ceuticals - but the pretext was that it was an abridgment of free speech, not a violation of economic rights, he said. The court has permitted other abuses to stand. North Dakota was able to ban chain drug stores by passing a law that registered phar- macists have to own the majority of the stock of any drug store. California passed a law requiring that anyone relocating an auto deal- ership, or starting a new one, must notify the state's motor vehicle board and all dealers within a 300- mile radius. If the dealers do not ap- prove, they can file for a hearing. One new dealer filed his intention in December of 1975. In June of 1976, he got his first hearing. In August. he finally got permission, but he was no- tified in September that it was too late - he had waited too long to as- sume the obligation of the lease. Such dilatory tactics can kill off competi- ti9n, said Siegah. Siegan believes that the judicial branch of government was set up to protect individuals against excessive regulation - yet the. c9urts look the other way when the exoessive,r-egu- lation abuses economic rights. It is time for the courts to re-examine the intention Qf the framers of the Con- stitution and begin protecting eco- nomic rights, he said.

By DONALD C. BAUDER Finonciol Editor, The San Diego Union

"A free society cannot exist unless government is prohibited from con- fiscating private property," says Professor Bernard H. Siegan of the USD School of Law, and the framers of the u :s. Constitution clearly be- -lieved that property rights were as essential as personal rights in a free society. Nonetheless, the U.S. Supreme Court does not seem to agree, and most legal scholars do not feel the Constitution protects people's eco- nomic rights. Thus, Siegan's new book, "Econom- ic Liberties and the Constitution," just pu~ tished by the University of Chicagt Press, is certain to be highly contra•· rsial. "My 1ewpoint is strictly a minori- ty on• l'oday, constitutional scholars tend to approve of what the Supreme Court is doing in not protecting eco- nomic rights," said Siegan, distin- guished professor of law at USD, in an interview. "The legal scholars tend to like the results of the court's position on such matters. But I believe the results of these decisions have been terrible: A lot of people are being denied the opportunity to engage in business, and the people lowest on the econom- ic ladder are often hurt the most," said Siegan. In the book, Siegan establishes clearly that the framers of the Con- stitution favored property and eco- nomic rights. Gouverneur Morris of Pennsylvania said, "Property was the main object of society." Rufus King of Massachusetts and John Rutledge of South Carolina also de- clared that property was the prima- ry or principal object of society. · And James Madison during the Constitutional Convention made a statement ieh was very. v~ry prescien subsequent history has proved. Sa1 Madison, "An increase of population will of necessity in- crease the proportion of those who will labour under all the hardships of life & secretly sigh for a more equal

PROF. BERNARD H. SIEGAN ... 'strictly a minority (opinion)' distribution of its blessings. These may in time outnumber those who are placed above the·feelings of indi- gence. According to the equal laws of suffrage, the power will slide into the hands of the former. No agrarian at- tempts have yet been made in this country, but symptoms- of a leveling spirit...have sufficiently appeared in certain quarters to give notice of the future danger." Despite the framers' unmistakable intentions, the Supreme Court origi- nally missed the message. U en- forced property rights - but based on natural law, rather than anything specific in the Constitution, said Siegan. Between 1897 and 1937, the court protected economic rights through its interpretation of the 4t e • ment's due proce clause. But then beginning in 1937, durin~ the Depression, the court forgot eco- nomic rights. "The court ,said, 'lf your problem is a matter of econom- ic rights, see your local legislature or see your co~ressman, but don't

At the outset, it had looked Uke five Davids against one Goliath. USD represented the Davids, center Please see USD, Page 5

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for USD.

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