Can We Close the Justice Gap? Taking Stock and Taking Action from the Dean
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Spring 2015 | Volume 34 Number 1 special issue Can we close the justice gap? Taking sTock and Taking acTion From the Dean covery processes that we have allowed since the 1960s in most jurisdictions — have tended to make it even Dear Friends: more expensive, even less accessible, and even less ast fall, I joined with Charles Holton ’73 and responsive. We know that this gap between the needs George Hausen, executive director of legal aid of most people and what the profession is willing and Lof North Carolina (LANC), to celebrate the launch able to provide is unsustainable. simply put: lawyers of the Duke law Civil Justice Clinic. the clinic, a and state bars cannot continue to claim a monopoly partnership between Duke and LANC, enables stu- over work that they refuse to do. dents to build their civil litigation skills under the the transition to something more serviceable for supervision of experienced lawyers while directly many more people has been painfully slow, but there serving needy clients with housing, employment, are new reasons for optimism and new opportunities. benefits, and other claims. In this clinic, which for many of our graduates, legal services work is Charles leads, our students have the opportunity inspiring and rewarding. they could be in the private to draft complaints, take depositions, participate in sector, but instead they have chosen to dedicate them- settlement discussions, and assist at trial. at the selves to helping the underserved. But in this time same time, our faculty have the opportunity to do of change in our profession, we can increase their empirical research on the delivery of legal services ranks: Many young lawyers who graduated from law and ask important questions about how it might schools that are not, like Duke, in the top group, are be improved. Professors Mat McCubbins and sara finding themselves unemployed and are looking for sternberg Greene are developing such studies now, meaningful work and experience. Many older lawyers and what we learn could change not just what we do are retiring in good health and looking for projects in this clinic but in legal services more broadly. that will serve the community. We need to connect access to legal services is fundamental to the these lawyers and put them to work in legal services health of our democracy and a special responsibility projects. there is also the promise of technology. of all lawyers. But today there are tens of millions of Innovative courts and legal aid offices are using inter- americans who cannot afford to hire an attorney to active software and forms, informative videos, and bring or defend a claim in court, advise them on their various kinds of self-help centers to provide advice and rights, or help them deal with family and other mat- information to a far wider community. this seems a ters that require legal advice and training. Closing critical development at a time when so many people this justice gap is one of our profession’s most intrac- expect this kind of content — and even access to the table challenges. courts — through the digital world. In this special issue of Duke Law Magazine are the Yet technology can only provide so much. t here will stories of Duke law alumni, faculty, and students always be cases and causes that require a well-trained who are working to expand access to justice in novel lawyer able to serve despite the lack of funding from and noteworthy ways — as legal services lawyers, the client. at Duke law, we believe public service is a law firm pro bono leaders, teachers, and researchers. core value of the profession that will be a part of every their dedication to this cause is a credit to our law graduate’s career. Every day, our students are engaged school and to them and a big part of whatever solu- in the public interest through their work in our 10 tions we might devise in the future. different clinics, the thousands of hours they give to We seem to have been in a transition period in pro bono projects in our community, internships and Access to legal legal services for some time, and there are analogies externships with government and nonprofit organiza- services is to other fields and professions such as medicine. tions, and their studies in the classroom. In no small Our legal system was designed mostly for those who measure, we are preparing these young lawyers to help fundamental to could afford it, not a mass population. Historically, close the justice gap. the health of lawyers and judges aspired to do the very best work thank you for your continued support for Duke even if it was expensive and time consuming to do law school. our democracy so. they saw themselves as artisans and scholars. Of and a special course, there is still an important place for excellence in judging and lawyering, but not at the expense of responsibility access. subsequent efforts to make the legal system David F. Levi of all lawyers. fairer — I am thinking mostly of the extensive dis- Dean and Professor of Law Spring 2015 Volume 34 Number 1 Dean david F. levi Can we executive Director of communications andrew park close the Editor Frances presma justice contributing Writers Michelle Hiskey Valerie Marino gap? Forrest norman Rachel Flores osborne andrew park Frances presma Millions of americans can’t art Direction & Design access the civil justice system. Marc Harkness In this special issue, we examine the problem and PhotograPhy salute members of the Duke daniel Berman Jeremy M. lange Miguel Bordo Jared lazarus law community who are Frank conlon Jay Mallin working to close the gap. courtney davis Valerie Marino sam Hollenshead Megan Mendenhall Jason getz Bryan Regan Taking les Todd stock illustration camille demarinis Marc Harkness page Web ProDuction 20 Miguel Bordo Taking Jennifer carpenter courtney davis action Jonathan kidder Michael Wright alumni notes Editor “ I don’t go page Janse Haywood to lawyers” ProDuction assistant 31 Rachel Flores osborne 8 Duke Law Magazine is published under the auspices of the office of the dean, Dean’s Message duke university law school, 210 science drive, The Commons 2 Box 90362, durham, nc 27708 » Faculty Focus 16 2 Alumni Notes 48 In Memoriam 61 This publication was Sua Sponte 64 produced using paper which supports Duke’s commitment to sustaining our environment. 5 11 16 Ideas, achievements, and events The Commons from around Duke Law School A community dialogue: Policing, civil rights, and race he aCademic YEar begaN as protests agents against black and latino citizens; and a feb. 14 unfolded across the country following the “teach-in” with faculty experts and guests who offered aTug. 9 police shooting, in ferguson, Mo., of Michael insights on such matters as grand jury process, federal Brown, an unarmed black teenager. National and state laws pertaining to police accountability, and scrutiny of interactions between law enforcement the historical and cultural context for tensions between and minority communities intensified when similar police and citizens of color. incidents came to light. Judea Davis JD/Ma ’15, who helped organize all Members of the Duke law community have three events, said the subject demands this sort of engaged in a parallel examination of policing, civil frank assessment of the situation in the past and in rights, and race with a series of student-initiated the present, and a commitment to positive change events: a panel discussion that included an assessment going forward. of institutionalized racism in police departments; a “In america, we don’t do a good job of acknowl- “die-in” in star Commons (pictured above), designed edging our history or knowing what our history is,” as a peaceful protest against the apparent dispro- said Davis, who is pursuing a graduate degree in his- portionate use of deadly force by law enforcement tory along with her JD. “the Civil rights movement 4 Duke Law Magazine • Spring 2015 was hugely successful, but it didn’t erase all the stig- cited data on traffic stops nationwide and “stop-and- “[A]s a community mas and assumptions about black people. We need frisk” encounters in New York City indicating that to find leaders who are invested in the community minorities are much more likely to be stopped than of professionals, — lawyers, police chiefs, and representatives of law whites, yet are far less likely to be found with con- pre-professionals, enforcement — to sit down to continue to talk about traband or to be engaged in criminal activity. the these issues.” numbers offer a likely reason for members of those and future leaders that’s why it’s important to keep the dialogue communities to distrust law enforcement, but more and policymakers, going at Duke law, said Professor Darrell Miller, a information is needed, she said. levi made a similar key faculty organizer of the teach-in that was co-spon- call for data on police shootings: “We can’t under- we have an sored by BLSA, the Center for law, race and Politics, stand what’s really going on without it.” obligation to and the Office of the Dean. a“ s a law faculty, we have Brook called, additionally, for public access to an expertise with these issues; as a community of police personnel and internal investigation records. engage and discuss professionals, pre-professionals, and future leaders these vexing and and policymakers, we have an obligation to engage Grand juries and police oversight and discuss these vexing and sensitive matters.” the grand jury purpose and process also came under sensitive matters.” In addition to Miller, a scholar of civil rights, con- scrutiny, given the failure of two panels to return indict- — Professor Darrell Miller stitutional law, and legal history, teach-in speakers ments against officers involved in the shooting death of included James C.