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Intellectual Property Duke Law Magazine DUKE MAGAZINELAW Duke University Law School NON-PROFIT ORG. Box 90389 U.S. POSTAGE Durham, NC 27708-0389 PAID DU R HAM, NC PERMIT NO. 60 Fall 2004 | Volume 22 Number 2 Fall Fall 2004 the Intellectual Property Volume 22 Volume Number 2 BOOM at Duke Law School Also: Duke Law welcomes fi ve new faculty The Duke Blueprint to LEAD From the Dean Dear Alumni and Friends, and the dedication and professionalism of Duke Law School the staff have been critical to the School’s Fall 2004 could hardly be more exciting. success. I hope you are as proud as I am to Selected Events • Five new faculty members (joining be a part of this team. 10 other new faculty since 2000); As some of you are aware, my five-year • A new University President; term as Dean ends in June 2005. I had Fall 2004 • A stunning new class of 217 JD students thought this five years would be enough time—more than enough—to be away from and 75 international LLM students; SEPTEMBER • The complete renovation over the the classroom and the research that I summer of the remaining two Duke love. This summer, however, the University Law School classrooms into high-tech, administration asked me to stay on as 22 dean for another term. I have agreed to do Program in Public Law attractive teaching spaces; Jamie Gorelick so. There is still so much to do, including • A fabulous new building facade that has Commissioner, 9/11 Commission modernized the look of Duke Law School; an ambitious building project to finish and • The beginning of construction for the a faculty development plan to complete. School’s new 25,000 square-foot addition; I want to thank the graduates and friends of the School who have encouraged me 28 • National recognition for Duke’s Fourth Annual Herbert L. Bernstein Memorial Lecture in this decision, many of whose financial innovative “Duke Blueprint” for building in International and Comparative Law professionalism through, among other support has enabled us to make so Chibli Mallat, EU Jean Monnet Chair in European Law things, receipt by the DBA of the ABA’s much progress toward what the late University of St. Joseph 2004 “National Achievement Award;” Duke President Terry Sanford called our Beirut, Lebanon • An unbelievably “hot” intellectual “outrageous ambitions.” With the continued property program; help of our graduates, we can do even • A $5 million grant for Duke’s new better. Thank you. OCTOBER Center for the Study of Public Genomics, in which a number of Duke Sincerely, 8-9 Law faculty are key players. Leadership Weekend And there is no end in sight. It is a personal Meetings of the Board of Visitors, Law alumni Association Board of Directors and the Future Forum thrill for me to be part of the commitment made by the Duke Law School community— students, faculty, and staff—to the ever- Katharine T. Bartlett increasing quality of the School. The hard Dean and 18-22 International Week work, imagination, and enthusiasm of faculty A. Kenneth Pye Professor of Law and student leaders have been amazing, 22 Robinson O. Everett Criminal Law Symposium: As this issue went to press, Duke University Provost Peter Lange An Introduction to White Collar Crime for Civil Law Practitioners announced the reappointment of Dean Katharine T. Bartlett: t is with great pleasure that I write to inform you that Dean Katharine 25 Bartlett, the A. Kenneth Pye Professor of Law, has responded favorably Great Lives in the Law “I John Hope Franklin to President Brodhead’s and my request that she serve another five- year term as dean of the Duke School of Law. Our Law School has been greatly strengthened in recent years. While many individuals and groups NOVEMBER associated with the School deserve credit for this happy result, it is indisputably true that Dean Bartlett’s vision and commitment to excellence have been critical factors. The School’s faculty has been strengthened, its 16 Brainerd Currie Memorial Lecture students remain outstanding, and the Law School’s facilities have been Nancy J. King significantly enhanced. But Dean Bartlett would be the first to say there is Vanderbilt University Law School much more to be done if the Law School is to achieve its ambitious goals. That is why I am so pleased—as I’m confident you will be—that she has agreed to continue for a second term as dean.” 24 Duke Environmental Law and Policy Forum 2004 Fall Symposium: “Environmental Regulation, Energy and Market Entry” Fall 2004 | Volume 22 Number 2 DEAN Katharine T. Bartlett DIRECTOR OF COMMUNICATIONS Diana L. Nelson EDITOR Frances D. Presma ASSOCIATE EDITORS Janse C. Haywood Melanie Dunshee F E AT U R E S CONTRIBUTING WRITERS Jean Brooks Brett Cornwright Meredith Mazza Thomas Metzloff Ann Sundberg The Intellectual Property Boom at Duke ART DIRECTOR Marc Harkness/Capstrat IP faculty tackles broad range of issues PRODUCTION ARTISTS in science, technology, global health, Amme Maguire, Clay Johnson/Capstrat 20 art, and innovation. PHOTOGRAPHY Ian Bradshaw Steve Exum Jonathan Goldstein The Duke Blueprint to LEAD Marc Harkness Kate Melcher Educating lawyers, Thomas Metzloff 43 becoming leaders Greg Plachta Melissa Richey Todd Shoemaker Welcome to Duke Larry W. Smith John Spencer Five scholars join Law faculty in 2004 The Herald-Sun: 10 Erwin Chemerinsky Christine Hguyen, Kevin Seifert Neil Siegel Duke University Photography: Jedediah Purdy Chris Hildreth, Les Todd, Catherine Fisk Jim Wallace, Jon Gardiner James Salzman Mark Wilson DEPARTMENTS From the Dean 02 News Briefs Faculty News 51 Faculty Focus 57 Faculty Notes Profiles 62 Robert Beber ’57 and Joan Beber WC ’56 Duke Law Magazine is published under the 64 Karla Holloway ’05 auspices of the Office of the Dean, 65 Omar Rashid ’06 Duke University Law School, Science Drive 66 Michael Sorrell ’94 and Towerview Road, Durham, NC 27708 67 Around the Law School 72 Alumni Notes 76 In Memoriam 78 Sua Sponte Honor Roll of Donors Fall 2004 • Duke Law Magazine 1 {News Briefs {Great Lives in the Law} Goldstone: Law was key in ending apartheid and healing its damage on the bench. These foundations, along with others in the U.S. legal community, together launched the Legal Resources Center to attack the apartheid system through South African law. This is where Justice Goldstone got his first glimpse at creative lawyering. “We were looking at traditional statu- tory schemes but found that enforcement had been inadequate at best,” he said. The letter of the law provided far greater discretion to judges than had previously been thought, and we were able to encour- age a modified judicial system where the accused were more able to exercise their rights under the law.” Years later, from 1991 to 1994, Justice Goldstone served as chairperson of the Commission of Inquiry regarding WALTER DELLINGER SPEAKS WITH FORMER SOUTH AFRICAN CHIEF JUSTICE RICHARD GOLDSTONE, the Prevention of Public Violence and WHO LED AN INVESTIGATION OF APARTHEID-ERA ABUSES. Intimidation, which came to be known as ustice Richard Goldstone, formerly “Within weeks of entering college, I the Goldstone Commission. Its mandate Jof the Constitutional Court of South became very frustrated and angry at segre- was to investigate and describe the causes Africa, spoke with Duke Law Professor gation. I was making friends, for the first of intimidation plaguing the country. Some Walter Dellinger about his professional time in my life, across the color line. And 20,000 people died in the ten years before career before a large crowd at Duke Law it’s those sorts of personal friendships that the release of Nelson Mandela, and the vio- School in the first Great Lives in the Law brought home to me the unacceptability and lence became even worse thereafter. event of 2004. Justice Goldstone was a indecency of racial oppression,” he said. Justice Goldstone said the Commission leading figure in combating apartheid in “When I returned to a comfortable was given wide discretion to search and South Africa, and he also served as the home, my black peers had to go to seg- seize anywhere in South Africa. “It became a chief prosecutor of the United Nations regated townships. Some of them had vitally important power because using those International Criminal Tribunals for the to study by candle or paraffin light. And powers we were able to at least lift the veil former Yugoslavia and Rwanda. they lived there not because they wanted on some of the security force activities that Growing up in South Africa at a time to but because they had to. They had to were still going on in the ’90s, notwithstand- when South African society was a very carry their IDs, their “passes” as they were ing the negotiation process.” fractionalized, sealed-off community, called, in their pockets. I didn’t. If they left The Goldstone Commission held 142 Justice Goldstone had not interacted with them at home they were liable to end up public inquiries into specific instances of other races until attending the University in a police station.” violence in addition to general theme inves- of Witwatersrand, one of two racially He explained that his post-graduate tigations into matters such as the policing integrated universities in the country (the work with the Ford, Carnegie, and Aspen of mass marches and demonstrations, other was the University of Cape Town). It Foundations convinced him that the only which were occurring on a daily basis. Later was during college that he fully realized way to overturn apartheid was to encourage the Commission held a similar inquiry into the depth of the injustice of apartheid.
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