News Scrapbook 1986
Los Angele CA (Los Angeles Co.) Lo Angel s Dally Journ I (Cir. D 20,433)
MAY 5 1986
New Colle1e el California Arthur Kinoy, law profeaor from Ruta,rs Untvenlty, will speak on Saturc:u.Y, May 11; al llOOll In tlle Band SbeU at Golden Gate Part. Nort~ty --criduatioo ceremoa181 to be held oa. Sa'- urday, June 211, at the VLsc:ount Hotel, Loa Angel.ee, 11 a.m. Tom Coffey, autllol' ot a new blograpby of Gen. Curtll Lemay, will speak. San Fema.ado Valley Collflle ol Law Harvey Levin, legal reporter for Ja,IBC:.. TV, Is the commencement speaker. Ceremo- nies on Friday, May 23, 6:30 p.m., at the Northridge Center, California State Univer• sity at Northridge. 31 students wW graduate. Saa Fnnclsco Law Scllool Marin County Municipal Court Judge Lynn Taylor will speak Saturday, May 24, at 4 p.m. Ceremonies at tbe St. Francia Hotel, Graduation ceremonies on Frtday, May 30, 7 p.m. at I.be Fresno City Collep Theatre. Santa Barftara Colle1e el Law Judge Tbomu Adami of the Santa Bar- bara Superior Court will speu to aboUt 31 candidata tor gaduatlon at ceremoDle • at tbe Santa Barbara Supertor Court on An. capa st. on Saturday, Mays, 1:30 p.m. Umvenky el Weti Loi A111elee On Sunday, June a, at 4 p.m.., Lael Rubiai Los Angel• County deputy diatrlct attorne,, will speak to about 75 candidates for aradua- tlon. Veatara Colle1e of La,r Juatlce Arthur Gilbert of the Second Ota. trlct Court of Appeal will addreu 2S grad- uates at the EID Lodge, 11 S. Alb St., Ventura, at l :30p.m. Westen State Unlvenity
Gelde • !kale Law 8d,otl Tbe ftff. Jeue Jacboa will speak to ta graduatd on s.turd,ay, May 24, at 11 a.m. The ceremooiea will be held at the Muoruc Auditorium ID downtown San Francilco. Hudal• C.Uege oldie 4• enlef Juitlee Roiii Bird wtn speak to an .SO graduates on TbundaY, MaJ 22, at 8 p.m. at the Marian Davtes SympbonY Hallin the San Francilco Civic Center. Leyela Law Sc:bool U.S. Supreme Court Justice William J. Brennan Jr. Is the commencement speaker on Sunday, June 1, at the school's WestcheS- ter campus, Loyola Marymount Boulevard and W. Elgbth Street. Ceremonies begin at 1 p.m. The school expects 362 graduatee. McGeor1e School ol Law eoostltutional law proteaor La~ Tribe of Harvard Law ScboOI, la the guest speaker. Ceremonies will be held at the Area Arena In Sacramento at 1 :30 p.m., Saturday, MayM. Pep~U~ F"red P. Fleliiln& paat coumel to Presi- dent RHIU. la the commencement speuer. Tbe C8"lllOOiee will be held Satur- day, May 17, 1 p.m., In the law ICbOOl'a part• In& lot AboUt 213 wll1 rec:e1ft deCJ'eN· S..tlwetten Uaiffftity Selloel ol Law- State Supreme Court Juatlee Malcolm Lil- cu wtl1 addrea about 251 if&duates at the Greek Theatre, Sunday May 18, at DOOIL Stuford Law Sc:IINI Stanford law prof.-w Barl>ara Babcoelr, wiDDlt of the acbool'a 19N John Btnpanr Hurlbut Award for Excellence ID Teacblnl, La the commencement speaker. Ceremoniel on SundaY, June 15, 12:30 p.m., In Kref&II Auditorium oa the campUL Ulli, 1n!tJ 9( S.. ~• Georgetown law Professor Eleanor Holmes Norton II the commencement speaker. She la the former cb.alrWOIDan of tbe U.S. Equal Employment OpportwlitY Comm!saioa. About 326 pduatea will ceive degreeS at the campus stadium, Satur- day, May 24, 10:30a.m. Umnnlty of Su Frtncllce State Supreme Court Justice Malcolm Lu- cas will speak to aboUt 210 candidates for graduation. Ceremoclea on Saturday, May 17, & p.m.• at the Muonlc Auditorium, 1111 California St, San Francisco. Clan Schoel of Law State 3ap, eme eoux t J\Dtl1.'e Edward Pan- elli will speak to aboUt 223 gaduatel OD sac,.
Kil Law School Ne~!-r.o~nby Bird Leads Ranks of Graduation Speakers
urday, May 17, 10:30 a.m. ceremocles In.the campus Miuloa Gardem. USC Law Center State Sen. D~ D-Lol Angel.ea, wtll addreu'l90 candidates In the Bovard Auditorium OD Friday, May 9, 4p.m. ~La• Ernest Gaines, author of "Tbe Autoblo&- rapby of M.lsa Jane Pittman" will be the commencement speaker. Ceremonies Sun- day, May 25, 4 p.m., at tlJe WbilUer camputi Amphitheatre, 13406 E . Philadelphia St. TATE BAR-ACCREDITED SCHOOLS Empire Ce1Je1e Scllool ol La• Bernard E . Wilkin, noted legal scholar, will speak to 28 graduatee at the Burbank Center for the Artl, Santa Rosa on Saturday, JUDe 14, 2 p.m. Glendale C~1e ol La• Graduat1on ceremonies on Sunday, June at 2 p m. In tile Glendale Community College Auditorium.. H • mpllAYI College el Law (Stockion) Gradnatlon ceremonies wW be Saturday, May 31 at 4:30 p.m. In the 1Cbool'1 court- yard, 68511 Inglewood Ave., StocktOD. Jola.a F . Kennedy Unlnnliy Ceremonlea on June 14 at 1 p.m. at the Scottlsh Rite Temple. 1~7 Lateeide Dr., Oakland. AboUt 150 will receive deare-,. ,La~~aln~y Collete of Law ~~011..a.•w.~ 5 news reporter Jeff Mar- low will addresa the 29 gaduatel al~ Dies on Sunday, May 25, 4:30 p.m. at tbll" Arnett Field et the university. Llacola Law Scllool (Sacnmento) California Supreme Court Justice Stanley Mou will speak at 11 a.in. ceremoaiea on Saturday, May 24, at the Sacramf!llto Com- munity Center. Monterey College Scboel of Law State Supreme Court Jll3tice Crul Rey- notO will speak to S4 gaduates on Sunday, J une 1, at l p.m. at the Santa Cata.Una ScboOl In Monterey.
Wltll bet' campatp foe retellt1oa oa U. Califomi• ui,reme Court flllteriDI the fhw Ill mooills, Chief Justice..~ II ID lluvy
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Na~ ---1:eremoniee on Sunday, July 13, at 11 a.m: on the Vista campus.
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San Diego, CA (San Diego Co.) Dally Transcript (Cir. D. 7,415)
MAY 5 1986
~[I~,. • P. C 8
f conomic Conversion - the tra nsformation of a de- fense-dependent economy to the production of civilian goods and services - is the topic of a talk to- night by Dr. Joan Anderson of USD. Anderson will address the political and economic feasibility of isuch a transformation at the Uni• versity Christian Church, 3900 Cleveland St ., Room 201. The talk beginsat7p.m. ?-'1 S'S~//~ Santa Ana, CA (Orange Co.) Register (Cir. D. 279,452) (Cir. Sat. 246,128) (Cir. Sun. 311 ,062) AY 6 1986 I 1888 I 'Contracts clause' remains bulwark of American individualism By Bernard H. Siegan Z95S I n the lat 19th century, Sir Henry I n Chief Justice John Marshall's opinion freedom of contract was a riatural right of the highest importance. He bel eved that the_clause proh1b1 ed the states from changing the terms of any leg1t1mate contract freely entered into by the part es clause was to prohibit just this kind of state action, and he observed that the Court was acting as if the clause had already been read out of the Constitution. There matters stood until the 1970s, when the Court handed down a pair of decisions declaring state laws unconstitu· tional on the ground that they violated the ~ontracts clause. In each case, the major· ity held that the statue had unreasonably altered existing contracts beyond the lim· its permitted under the doct rine of the ;\,1innesota moratorium case. The Court has not fulfilled the expecta• tions created by these decisions tha t it would once again use the contracts clause to strike down certain kinds of economic legislation. Still, the precedent of these decisions remains, and the clause re- mains a vital part of our Constitutton , protecting the rights of citizens in their property. the Court considered the constitutionahty of a :\linnesota statue which declared a moratorium on mortage payments. The statute limited the claims of the lender under the mortgage contract and thus had an impact s1m1lar to that of the deht- or-rcltcf laws of the pre-constitutional pe· riod. The Supreme Court held that despite the contracts clause, the economic de- pression justified :\linnesota·s temporary restramt on the mortgage holders' fore- closure rights. Between 1934 and 1965, the Court ap· plied the clause only occasionally to strike down offending state legislation. In that year however, the Court decided a Texas case which was thought to have laid the clause to rest for good. The case involved a Texas law which imposed a fi e-year !unit on the nght to redeem defaulted public-land contracts. Under the pnor law the rights had been perpetual, and the change \las detrimen- tal to purchasers. who had relied on the older statue ,Justice Hugo Black, the ole dissenter, argued that the purpose of the M<1tne, tht• celebrated English com- mcnta•or on America, wrote that the on tit Jt10n's "contracts clause" was the buh,a k of American mdividualism ag 1'1st dem() rat1c impatience and so- c1uh t1 fantu y Yet m the 20th century the cl u c hu received httle attention. und by the I te 1970s, consututtonal schol- urs could he ,urpnsed when the US. Su- preme Court 1moked the provision to mke down luws of, cw York, New Jer• cy .ind :'wl1nnc ota . Is the contract clau ca relic. or does it have a place in our con tlluttonal la\\ today' The contract cluu uppcar m Article I, ctmn I() of the Const1tut1on, and pro- h1bi th tatc:s from making any "Law imp rmg the Obliga11on of Contract ." Th "COnom1c detenorat,on that fol low the I{ olutionary War had led to a vancty of lcg1slat1\ e chemes to relieve d ·bto of the,r burdens Jame· Madison mamtam d th t th • lawii. and others the U.S Supreme Court. In Marshall's opmion . the contracts clause was intended to ~afeguard free- dom of contract, which h • regarded as a natural right of the high st importance. He believed that the clause prohibited the states from changing the terms of any legitimate contract freely entered into by the parties, whether the contract was made before or after the adoption of •he law affectmg it. In this last belief, ho\,e\er, Marshall was in the minority In the ca~e of Ogden 1'. Saunders ( 1827), the Supreme Court ruled that the contracts clau e co\ ered only existmg contract and did not apply to ones made after a law was passed By 1934, however, the Court's understanding of the clause had changed . In that year, infringing on contractual obligations "contnbutrd more to that uneasmess which produced the convention . than those which accrued .. from the inade· quacy of the Confederation to its immedi- ate objects." Madison's sentiment was echoed by John Marshall m the Virginia ratifymg com·ention Marshall said that economy and industry were necessary to happi- ness, hut that the Confederation removed "the incitements to industry by rendering property mse ure nd unprotected." The propo ed Constitution, on the other hand, "~ ill promote and encourage mdu:;try." lt wa this understanding of the impor· tance of protecting rights that guided Marshall a he interpreted the contracts clause during 34 years as chief justice of Siegan is professor of law at the University of San Diego Law School. - --
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