DEAN EDITOR ASSOClATE EDITOR DESIGN CONSULTATION Pamela B. Gann Evelyn M . Pursley Janse Conover Haywood Duke Crearive Design & Publishing

CONTENTS

From the Dean ...... 1

FORUM Advice and Consent to Supreme Court Nominations Madeline Morris and Walter Dellinger...... 4 Theory as Traction: Feminist Methodology in Modern Practice / Katharine T Bartlett ...... 9 The Trouble with Interpretation Martin] Stone ...... 14

ABOUT THE SCHOOL The Law School Breaks Ground on its New Addition ...... 19

Duke Domestic Violence Advocacy Project ...... 24

THE DOCKET Bringing Order: Parliamentarian to the Senate Alumnus Profile: Floyd Riddick '37 ...... 29 Thinking Globally About Corporate Law Faculty Profile: Deborah A. DeMott ...... 32 Book Review: Executive's Guide to Marketing, Sales & Advertising Law by David C. Hjelmfelt '65 ...... 35 Book Review: The Cultural Revolution in Cuba by Roger A. Reed '73 ...... 36 Faculty News ...... 38 Specially Noted ...... 40

Alumni Activities ...... 46 Upcoming Events ...... 55 About the Cover The cover features. in the background, the archirecr's concepr of the current Law School building after completion of the Phase II addirion and the Phase III reno­ Duke Law Magazine is published under the auspices vations. In the foreground, from of the Office of the Dean, Duke University School of Law, left, Robert K. Montgomery '64, Durham, North Carolina 27706 © Duke University 1993. Dean Pamela B. Gann '73, Duke President H. Keith H. Brodie, John F. Lowndes '58, and Jay G. Yolk '93 officially break ground for the Phase II addirion during cere­ monies on Seprember 19, 1992. V OL U M E 11, N O. 1

From the Dean

want to highlight a few impor­ at the National Humanities Center tant Law School developments in the Research Triangle Park. Neil ! during the last few months. Vidmar received a Perry Nichols Fellowship, during which he is com­ Ground Breaking Ceremony pleting research on medical malprac­ The Law School celebrated the lice Junes. official ground brealcing of its build­ ing addition at the fall Alumni Week­ Academic Planning end. The gala event occurred on the Duke University recently com­ Law School's lawn, followed by a pleted a comprehensive planning pro­ luncheon shared by faculty, staff, stu­ gram in which the foundations for dents, and alumni. One University the exercise were the planning docu­ officer commented that this was the ments for each of the schools and best event of its kind in many years major administrative divisions of the at Duke. A longer report appears later University. I thought that it would be first-year curriculum. About forty in the Magazine and contains excerpts useful to comment briefly to alumni percent of all teaching hours of,the from the interesting comments pro­ and friends upon the Law School's full-time tenured and tenure-track vided by the speakers for the occasion. plan for the next five to ten years. faculty are used in teaching first-year The Law School's approach to students. The small section program, Faculty Awards and Fellowships the basic mission of legal education in which a faculty member teaches I am pleased to report that sever­ is distinctive in several respects. The about twenty-two students a substan­ al of our faculty have recently received School has achieved a high level of tive course and the accompanying awards or fellowships to acknowledge success while remaining relatively research and writing class, causes this their academic achievements. Donald small in size. The Law School faculty allocation of total faculty resources to Horowitz, who holds a joint appoint­ assessed the appropriate size for the the first-year curriculum. The faculty ment with Law and Political Science, School, and it determined to contin­ is dedicated to continuing the small was honored at the annual meeting ue to enroll about 195 juris doctor section program in some format, but of the American Political Science students and thirty-five young foreign it will continue to review the meth­ Association, where he received the lawyers into the master of laws degree ods of teaching legal process and Ralph J. Bunche Prize. The Bunche program, for a total enrollment of writing. Prize, awarded for the best book in 620. Thus, there are no plans either The faculty is committed to pro­ the field of ethnic and cultural plural­ to increase or decrease the School's fessional education as well as active ism, honors Professor Horowitz's SIZe. collaboration with students in a wide A Democratic South Africa? Constitu­ The Law School is known for variety of scholarly and professional tional Engineering in a Divided Society. the extraordinary amount of faculty activities. The faculty and program Katharine Bartlett enjoys a fellowship time and resources placed into the of study offer extensive opportunities 2 D UK E L A IV .11 A G A Z ! .\ E

to transcend the intellectual parochial­ sons in a learned profession, it also that the Law School will also be able ism of narrowly careerist professional expects its graduates to behave ethi­ to accomplish its central mission to training by encouraging joint pro­ cally, to be participants in reforming prepare students through teaching grams of study and joint appoint­ sociery, and to maintain a lifetime of and learning for entry into the legal ments of faculry. The Duke Law learning. profession and for lives of significant School has more students enrolled The Law School's development public and private responsibilities; to in joint-degree programs regardless plan for the next several years is maintain a communiry of scholars to of size and probably also has the high­ designed to improve the financial improve and illuminate the law and est number of joint faculry appoint­ basis upon which the Law School legal institutions through teaching ments regardless of size. Duke estab­ operates. Because the Law School and research; and to serve the public lished Law 6- Contemporary Problems does not plan any enrollment increas­ by applying the learning of its faculry in the 1930s, which was the first es, its abiliry to compete successfully and students for the purposes of law interdisciplinary legal publication for the best possible students and fac­ reform and improvements in legal in the United States. ulry, and to continue to improve its institutions. These basic missions are The School's scope is also inter­ programs of instruction and the qual­ timeless, but the Law School does national, and it is particularly well iry of the library and academic com­ achieve distinctiveness in several known for its programs of study in puring, will depend upon increases in respects in accomplishing these these areas. It has the only summer­ gift income from unrestricted annual objectives. entering class, specializing in interna­ giving and income from new endow­ To achieve our plans, the Law tional, comparative and foreign law ments. Thus, the development objec­ School requires the understanding through a combined joint juris doctor tives for the next several years focus of its alumni and friends that private and master of laws degree program. upon endowments for student schol­ higher education of this qualiry only The Law School's Brussels Summer arships, for chaired professorships, results from their substantial partici­ Institute is also the most inrernational and to support the library's collection pation through service and gifts to program operated by any American activities. The Law School also wants Duke Universiry. I want to close by law school, for more than half of the to complete the design development thanking you for these contributions participants and faculry are from fund-raising for Phase III of its build­ and what you achieve in your com­ countries other than the United ing program, which is the complete munities and sociery, which accom­ States. These programs, along with renovation of the current building. plishes one of our stated missions to its master oflaws programs for young Thus, the Duke Law School's educate our graduates for significant foreign lawyers, have enabled the Law goals, like those at Duke generally, lives of public and private respon­ School to create a student body par­ are to improve its faculry, student sibilities. ticularly interested in transnational body, academic programs and com­ practice, public international law, and puting, library, and facilities over the Pamela B. Gann '13 comparisons of different legal systems. next five to ten years to maintain its The Law School expects its stu­ abiliry to provide one of the very best dents to be active intellectual partici­ legal educations in the United States pants in their learning process. As and the world. Although stated sim­ liberally educated professional per- ply, these goals are designed to assure THE FORUM

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-' 4 DUKE LAW MAGAZINE

Advice and Consent to Supreme Court Nominations Madeline Morris and Walter Dellinger

he proper scope of the Senate's role in confirming The central issues of controversy have concerned the Supreme Court nominees has been the subject of criteria the Senate should consider in making connrmation T recurring and often heated debate. The Constitu­ decisions and the appropriate range of questions that may be tion provides simply that the President "shall nominate, and posed to and answered by a nominee. Debated points regard­ by and with the advice and consent of the Senate, shall ap­ ing appropriate criteria for connrmation have included the point ... Judges of the Supreme Court." Although the Senate degree to which the Senate should defer to the President's also has the constitutional responsibility of advising on and preferred choice and whether it is appropriate to take a consenting to presidential appointments of ambassadors, nominee's political views or judicial philosophy into account. lower federal court judges, and many executive branch offi­ The debate about the scope of questioning has centered on cials, debates over the nature of the Senate's role have gener­ whether it is appropriate for senators to ask and nominees to ally arisen in the context of Supreme Court nominations. answer questions about the nominee's political views and judicial philosophy and how these views and philosophy would apply to issues that may come before the Court. Presidents and some members of the Senate have argued that selecting Justices is the President's prerogative and that, although the President may take a judicial pros­ pect's philosophy into account, the Senate must limit its inquiry to whether the nominee has the basic qualincations for the job. These commentators maintain that the Senate should defer to the President's nomination of any person who is neither corrupt nor professionally incompetent. Others have contested this view and argued that the Senate, when it decides whether to consent to a nomination, is per­ mitted to take into account the same range of considera­ tions open to the President and to make its own independent determination of whether confirmation of a particular nominee is in the best interests of the country. Presidents have often taken the position that the Senate should defer to the President's choice. President Richard M. Nixon, for example, claimed in 1971 that the President has "the constitutional responsibility to appoint members of the Court," a responsibility that should not be "frustrated by those who wish to substitute their own philosophy for that of the one person entrusted by the Constitution with the power of appointment." This view was echoed by President Ronald Reagan, who asserted that the President has the "right" to "choose federal judges who share his judicial phi­ losophy" and that the Senate should confirm Presidents' nominees "so long as they are qualified by character and competence." Many of those who agree with Presidents Nixon and Madeline Morris is Assistant Professor of Law. She joined the Duke faculty in Reagan believe that the proper standard for Senate review 1990 and teaches criminal law, employment discrimination and feminist legal of Supreme Court nominees is the deferential standard that theory. Reprinted with permisSion of Macmillan Publishing Company from the Senate has typically accorded to presidential nomina­ Encyclopedia of the American Constitution, Leonard W Levy, Editor in Chief, tions of executive ofncials, whose confirmation is generally Supplement I, pp. 10-14. Copyright © 1992 by Macmillan Publishing Company, expected unless the nominee is found to lack the character a division of Macmillan, Inc. VOL U MEn N O. 1 5

or competence necessary for the job. This analogy between leaving the appointment to the Executive." Luther Martin executive and judicial appointments is not wholly apt. of Maryland, stating that he "was strenuous for an ap­ Whereas the President is entitled to have in the executive pointment by the 2nd branch," argued that "being taken branch officials who share the President's philosophy and from all the States [the Senate] would be the best informed will carry out the chief executive's policies, judicial nomi­ of character and most capable of making a fit choice." nees are expected to exercise independent judgment. Those Roger Sherman of Connecticut concurred, "adding that favoring a more active Senate role in the judicial confirma­ the Judges ought to be diffused, which would be more likely tion process suggest that the proper analogy is to the Senate's to be attended to by the 2nd branch, than by the Executive." role in ratifYing or rejecting treaties or to the President's Nathaniel Gorham of Massachusetts argued against exclu­ decision to sign or veto legislation-instances in which sive appointment by the Senate, stating that "public bodies an independent exercise of judgment by each branch is feel no personal responsibiliry, and give full play to intrigue thought appropriate. and cabal." He offered what was to be the final compromise: The consideration of the Appointments Clause by the appointment by the Executive "by and with the advice and Constitutional Convention of 1787 offers some support for consent" of the Senate. At this point in the convention, the position that senators should exercise their own inde­ however, his motion failed on a tie vote. pendent judgment about whether to confirm a nominee. The issue was considered once again on July 21. The convention considered the issue of judicial appoint­ After a debate in which George Mason attacked the idea ments separately from its consideration of the appointment of executive appointment as a "dangerous prerogative of executive officers. For much of the summer of 1787, the evolving drafts of the Constitution gave the Senate exclusive authoriry to appoint judges. Suggestions for giving the ap­ pointing authoriry to the President alone rather than to the Senate were soundly defeated. On May 29,1787, the convention began its work on the Constitution by taking up the Virginia Plan, which provided "that a National Judiciary be established ... to be chosen by the National Legislature .. ,," Under this plan, the executive was to have no role at all in the selection of judges. When this provision came before the convention on June 5, several members expressed concern that the whole legislature might be too numerous a body to select judges. James Wilson's alternative providing that the President be given the power to choose judges found almost no support, however. John Rutledge of South Carolina stated that he "was by no means disposed to grant so great a power to any single person." James Madison agreed that the legislature was too large a body, but stated that "he was not satisfied with referring the appointment to the Executive." He was "rather inclined to give it to the Senatorial branch" as being "sufficiently stable and independent to follow their deliber­ ate judgments." One week later on June 13, Madison rendered his incli­ nation into a formal motion that the power of appointing judges be given exclusively to the Senate rather than to the legislature as a whole. This motion was adopted without objection. OnJuly 18 the convention reconsidered and re­ affirmed its earlier decision to grant the Senate the exclusive Walter Dellinger, Professor of Law, has taught at Duke since 1969. He teaches power of appointing judges. James Wilson again moved constitutional law and history, and is a frequent commentator on constitutional "that the Judges be appointed by the Executive." His motion law issues before the Supreme Court. was defeated, six states to two, after delegates offered, as Gunning Bedford of Delaware said, "solid reasons against 6 [) { ' K E L A IV' .1! A G A Z J X E ------

[because] it might even give him an influence over the Virtually all the parties to the twentieth-century debate Judiciary department itself," the convention once again on appropriate confirmation criteria agree on two threshold reaffirmed exclusive Senate appointment of judges of the issues. The first is that it is appropriate for senators to con­ Supreme Court. Thus the matter stood until the closing sider "judicial fitness. " No one contests that adequate judi­ days of the convention. On September 4, less than two cial competence, ethics, and temperament are necessary weeks before the convention's work was done, a committee conditions for confirmation and, therefore, appropriate cri­ of five reported out a new draft providing for the first time teria for senators to consider. The publicly stated bases of for a presidential role in the selection of judges: "The opposition to the nominations of Louis D. Brandeis, Judge President ... shall nominate and by and with the advice and Clement F. Haynsworth, and Judge George H. Carswell consent of the Senate shall appoint Judges of the Supreme were presented in terms of these threshold, judicial-fitness Court." Giving the President the power to nominate judges criteria. was not seen as tantamount to ousting the Senate from a The unsuccessful opposition to Brandeis, nominated central role. Gouverneur Morris of Pennsylvania, a member in 1916 by President Woodrow Wilson, based its public of the Committee, paraphrased the new provision as one case against the nominee on alleged breaches of legal that retained in the Senate the power "to appoint Judges ethics. The successful opposition to confirmation of Judge nominated to them by the President." With little discussion Haynsworth, nominated to the Supreme Court by President and without dissent, the convention adopted this as the Nixon in 1969, was articulated primarily in terms of final language of the provision. Considering that the con­ charges that Haynsworth had violated canons of judicial vention had repeatedly and decisively rejected any proposal ethics by sitting on cases involving corporations in which to give the President exclusive power to select Judges, it is he had small financial interests. In addition to the ethics unlikely that the drafters contemplated reducing the charges, some opponents raised objections to Haynsworth's Senate's role to a ministerial one. civil rights record. Two judicial-fitness objections formed the basis for the successful opposition to confirmation of Judge Carswell, nominated to the Supreme Court by President Nixon in 1970. The primary objection was that A foundational precept of the role of an Carswell allegedly allowed racial prejudice to affect his judicial behavior. The second theme in the opposition to independent judiciary is that judges must Carswell was that, as a matter of basic competence, he render decisions based on the rigorous was at best a mediocre jurist. application of principles, not their personal Thus, in the Brandeis, Haynsworth, and Carswell nominations, opposition was presented as based on the preferences, much less their biases. The judicial-fitness criteria of judicial temperament, ethics, and broad agreement about this precept under­ basic competence. In all three of these twentieth-century lies and is reflected in the broad consensus confirmation controversies, the acceptability of the judicial­ fitness criteria went unchallenged. that judicial fitness is an acceptable catego­ The second area of general agreement in the debate ry of criteria for consent decisions. on appropriate criteria for confirmation decisions is that senators should not base their decisions on the nominee's predicted vote on a particular case or "single issue" likely to come before the Court. Supporters of the nomination During the nineteenth century, the Senate took a of Judge John Parker, nominated to the Supreme Court by broad view of the appropriate criteria to govern "advice and President Herbert Hoover in 1930, alleged that opposition consent" decisions. During this period, the Senate rejected to the nomination was based on a "single issue" of Parker's more than one of every four Supreme Court nominations. position on a particular labor-law question. Parker's oppo­ The Senate first rejected President George Washington's nents took pains to deny that their opposition was based on nomination of John Rutledge. The Senate went on to reject a single issue and argued that Parker's ruling in a previous five of the nominees proposed by President John Tyler and case involving the question reflected Parker's own anti­ three of the four nominees put forward by President Millard union bias. This accusation-that, as a judge, Parker was Fillmore. Since 1900, however, the rate of senatorial rejec­ biased in his rulings on such matters--was a way for the tion of Supreme Court nominees has dropped sharply to a opponents of confirmation to frame their objection as one twentieth-century rejection rate of a mere one in thirteen. of judicial temperament and, thus, judicial fitness. The VOL L ;11 E 11, NO. ] 7

premise underlying the positions of both opponents and Court in protecting individual and "un enumerated" consti­ supporters of Parker was that a rejection based on a result­ tutional rights. Objections were also presented in terms of oriented single-issue criterion would be inappropriate. Bork's interpretations of specific constitutional clauses and Between the margins of agreement that judicial-fitness doctrines, including his position on the existence of a con­ criteria are appropriate and that single-issue criteria are in­ stitutional right to privacy, his previous and contemporane­ appropriate lies the area of controversy. The debated issue is ous interpretations of me equal protection clause as regards often framed as whether the nominee's "judicial philosophy" the protections afforded to women, his interpretations of should be considered in the decision-making process. The me First Amendment's ftee speech clause, and his positions term "judicial philosophy," when used in this context, refers on civil rights. Much of the defense ofJudge Bork took me ro a range of concerns including the nominee's theory of form of challenging me acceptability of these controversial judging (that is, the degree of judicial interference with leg­ criteria. islative and executive decision making the nominee views as appropriate), the nominee's views on the level of generality at which constitutional provisions should be interpreted, and the nominee's interpretation of specific constitutional The ability of elected Presidents and elect­ clauses or doctrines (such as the applicability of the Equal ed senators to exert some general influ­ Protection Clause to women or the existence of a constitu­ tional right of privacy). ence on the future course of the nation's The bases of opposition to President Lyndon B. jurisprudence is an appropriate (an appro­ Johnson's 1968 nomination ofJustice Abe Fortas (to be priately limited) popular check on the exer­ Chief Justice) and to President Reagan's nomination of Judge Robert Bork to the Supreme Court were framed cise of the power of judicial review, with­ largely in terms of these controversial "judicial philosophy" out which this institution might not be criteria. Consequently, the confirmation battles in these cases raged as much around the appropriateness of the acceptable in a constitutional democracy. criteria applied as around the merits of the nominees themselves. The attack on Fortas's judicial philosophy was based on charges that he was a "judicial activist" (meaning that The contours of the areas of agreement and disagree­ his theory of judging envisioned excessive intervention in ment on appropriate advice-and-consent criteria are not the discretion of the elected branches) and mat his substan­ surprising. The debate on appropriate criteria follows tive interpretations (of me First, Fifth, Sixth, and Fourteenm from the constitutional provisions that structure me process Amendments) were flawed. Supporters of the Fortas nomi­ of appointments to an independent, principle-oriented, nation responded both on me merits- defending Fortas's counter-majoritarian judiciary in a way that requires the theory of judging and his substantive interpretations-and consent of an elected, representative, majoritarian body. by assailing me judicial philosophy criterion as inappropri­ Senators' views about the proper role of the judiciary ate considerations for advice and consent decisions. (Although inform their positions on the relevance and propriety of some ethics charges were raised during the confirmation each category of advice-and-consent criteria. proceedings, the very serious ethics charges that resulted in A foundational precept of me role of an independent Fortas's resignation did not arise until me spring of 1969, judiciary is that judges must render decisions based on me during the Nixon presidency, many months after President rigorous application of principles, not their personal prefer­ Johnson had withdrawn his nomination of Justice Forras ences, much less their biases. The broad agreement about to become Chief Justice.) this precept underlies and is reflected in me broad consen­ Like the Fortas nomination, the nomination of Judge sus that judicial fitness is an acceptable category of criteria Robert Bork to me Supreme Court was opposed largely on for consent decisions. Competence in legal reasoning, high judicial philosophy grounds. (Although some critics raised ethical standards, and unbiased judicious temperament are emical issues, including Bork's role in the "Saturday Night prerequisires to me consistent rendering of rigorously rea­ Massacre" in which me special prosecutor in the Watergate soned and principled decisions of law. affair was fired, mese issues did not form a primary basis of The same precept-mat me essence of me judicial opposition.) Judge Bork's theory of judging was assailed as function is to render decisions based on principles-under­ an inadequate conception of the proper role of the Supreme lies the broad consensus that single-issue result-oriented 8 DUKE LAW MAGAZ I NE

criteria are unacceptable. Because of the principle-based decision-making criteria, such as substantive interpretation nature of the judicial function, a judicial nominee must be of particular constitutional clauses-is that, by offering an evaluated on the basis of the anticipated process of his or opinion on such issues, the nominee may thereafter feel her application of principles, regardless of whether that pro­ bound to hold in subsequent cases in a manner consistent cess will produce a senator's preferred outcome in any par­ with the opinions stated during the confirmation hearings. ticular case. The ability of elected Presidents and elected Thus, the fear is that the nominee who opines on, say, senators to exert some general influence on the future the level of protection afforded to women by the Equal course of the nation's jurisprudence is an appropriate (an Protection Clause during the confirmation hearing will, appropriately limited) popular check on the exercise of the in effect, be "committed" to a certain outcome in future power of judicial review, without which this institution cases involving that issue. might not be acceptable in a constitutional democracy. Nonetheless, for Presidents or senators to demand that the judiciary not render decisions based on principle but, rather, act as an agent of the legislature furthering particular Justices would not be in any way commit­ preferences, and for senators to enforce this demand by the ted to be {(consistent" with their confirma­ threat or reality of nonconfirmation, would subvert the independence of the judiciary and violate the spirit of the tion comments if it were understood that separation of powers. confirmation comments constitute nothing Rather than a continued focus on the appropriate more and nothing less than frank state­ criteria for advice-and-consent decisions, a different aspect of the debate over the appropriate role of the Senate in the ments by nominees of their best thinking confirmation process came to the fore during consideration on a particular issue to date. of the nomination ofJustice David H. Souter. Souter's views on controversial judicial and political issues were little known. The prominent questions during the Souter confir­ mation, therefore, were (1) where relatively little is known But fear of judicial precommitment may be exagger­ about the nominee's thinking, how may the Senate properly ated. Surely there is no requirement that the individuals nominated to our highest court have never thought about­ or reached tentative conclusions on-the important issues The core objection to direct questions to of law that face the country. So the only issue is whether sharing those thoughts with the senators during confirma­ the nominee-even on issues that might tion hearings would constitute a commitment not to change constitute legitimate decision-making crite­ those views or not to be open to the arguments of parties ria, such as substantive interpretation of litigating those issues in the future. There is no reason to believe that a statement of opinion during confirmation particular constitutional clauses-is that, would constitute such a commitment. It would seem rea­ by offering an opinion on such issues, the sonable to suppose that an opinion mentioned during a confirmation hearing would be seen as not binding if it nominee may thereafter feel bound to hold were generally understood that such statements are not in subsequent cases in a manner consistent binding. It would seem reasonable that a nominee might with the opinions stated during the confir­ preface an opinion on such an issue with a statement that "these are my initial views on the issue, but they would mation hearings. certainly be open to change in the context of a case in which persuasive arguments were put forth by the parties." Justices would not be in any way committed to be "consis­ learn more about the nominee, and (2) what questions may tent" with their confirmation comments if it were under­ properly be posed to the nominee during the confirmation stood that confirmation comments constitute nothing more hearings? These questions are not merely derivative of the and nothing less than frank statements by nominees of their larger question of what decision-making criteria are legiti­ best thinking on a particular issue to date. mate. The core objection to direct questions to the nomi­ nee-even on issues that might constitute legitimate VOL {I.U E 11, ,\ 0 1 9

Theory as Traction: Feminist Methodology in Practice Katharine T. Bartlett

come from a very practical, New England Yankee By theory, I mean explanation: In most vehicles, the family. We lived on a small family farm and the idea motor turns the rear wheels, and it is those wheels that need I was to produce, not theorize. We had some chickens: the traction. A theory can have predictive value: If the wheels the point was not to reflect on what a chicken was, where being turned by the motor don't have sufficient grip on the chickens stood in the farm hierarchy, why they moved with surface, they will simply turn and turn without moving for­ such jerky, stilted movements, why the roosters woke us up ward; providing traction for the front wheels will not help. in the morning, or which came first-the chicken or the Prediction has practical significance: If the purpose is to get egg. The point was to have eggs, to eat. Likewise, we had the bluebird out of the mud, it is better to pur the boards some cows: the point was milk and butter. We had some under the rear tires. steers: the point was bee£ And so on. Along these lines, By now, an important part of the relationship between there were many more points available for getting your theory and practice is all too obvious: If! had known the four rows of corn weeded than for getting your homework done or for reading a book. Unfortunately for me, there were no points at all for day-dreaming. I did my parr on this farm. Bur I often was the object of lighthearted ribbing because I was not quite as practical as most of the rest of my family. I lacked what my Uncle Edwin referred to "horse sense." He was the one who caught me trying to get the first car I learned to drive, affec­ tionately known as the "bluebird," our of the mud by put­ ting down some boards under the wheels. The problem was that the "bluebird," like most cars, was powered at the rear wheels, while I had pur the boards under the front tires. The more I tried to help those front tires get a grip on the boards, the more the rear tires continued to spin and spin themselves deeper into the mud. AB I recall it, Uncle Edwin was also the one who had to bring a tractor over the woods one cold dark evening in February to bail me out of another vehicular embarrassment. This time, I had been driving a horse and wagon around the back woods, picking up sap from the maple trees for our maple syrup operation. I had my head in the clouds instead of on my job and so cut a corner toO tightly, allowing a tree to lodge itself between the wagon and the wagon wheel. The more the horse strained to go forward, of course, the deeper the tree wedged itself into the axle of the wagon. It was one of those minor events that continues to affect the balance of power in my family. This was not a family of lawyers and there was a fair amount of skepticism when I mentioned one day that I "might go" to law school. As if becoming a lawyer wasn't Professor of Law, Duke University. Professor Bartlett began teaching at bad enough, I became a law professor and, even worse, the Law School in 1919. She has written extensively on various family law I became a legal scholar who did "theory." My family lost topics, and also specializes in topics in the area of gender and law. During interest. AB a teacher of feminist legal theory and the editor the 1992-93 academic year she is a fellow at the National Humanities Center. of a book by that name, however, I am often asked what feminist legal theory is, and how it relates to legal practice. This article is the text of a talk Professor Bartlett gave to the first year class It is in honor of my Uncle Edwin that I address these ques­ at the University of Arizona School of Law on April 24, 1992. tions today. 10 D UK E LAW' MAG A Z J N E

theory about how wheels are driven and in particular how rate stereotypes about women, and that even if these stereo­ the wheels in the bluebird worked, I would never have been types are accurate about some women or about women on caught putting the boards under the wrong tires. What average, individual women are entitled to be treated as indi­ should also be obvious, by now, is that the distinction I first viduals rather than on the basis of average group character­ took for granted between theory and practice is quite suspi­ istics. These arguments were used successfully to eliminate cious; for it is not that I had a command of theory but no barriers to women's employment and sex-based discrimina­ practical sense while my Uncle Edwin had practice down tion in family law, in government benefits programs, on but no theory. Rather, being practical required a deeper juries, and in various other areas. understanding of how things worked, that is more theory, Feminist legal theory is a good example of theory than I had. Because I lacked theory, I had nothing to get which emerged as distinct from practice only as it began to me through my mistaken attempts to parrot what I thought challenge the unstated assumptions of that practice. As ap­ I had seen others do. plication of formal equality principles have appeared to run their course, it has become apparent that these principles will not be sufficient to end women's disadvantageous posi­ Others looking at women's differences have tion in society. Women continue ro play subordinate roles emphasized the positive, rather than the in this society, earning less money than men, working both negative, aspects of those differences, outside the home and a "second shifr" in the home, and many women are victims of violence based on their sex. arguing that instead of trying to make Feminists felt a need to explain, and get a grip on, these women the same as men, the law should remaining disadvantages which existing law, in so many celebrate and seek to promote values char­ ways, seemed to deny. What has resulted is not one, but many, explanations­ acteristic of women such as empathy, con­ or feminist legal theories. What binds these theories together nection, and nurturance. is a special interest in explaining the role of gender in law and society and in eliminating disadvantage on account of gender. What makes them feminist, at least as I use the What, now, about the relationship between legal term, is that they are driven by a political judgment that theory and legal practice? Theory in law, as in other disci­ the equality achieved by the law possible under existing plines, tends to be hidden in the practices to which it relates. legal principles will be insufficient to eliminate much of the To the extent that the assumptions of legal practice are disadvantage women face. How they differ is in how they accepted without question, those assumptions-i.e., the characterize the remaining disadvantage and what answers underlying theory-need not be stated; in fact, those who they propose to eliminate it. I will give some examples of hold those assumptions don't even have to know what they the different feminist theories, first with differences exagger­ are. Although theory is not necessary to explain what every­ ated to give the theories clear definition, and then with one takes for granted, it becomes important when the prac­ commonalities emphasized in order to show how the tice doesn't seem to be working, from some particular point methodologies arising from feminist theory may be relevant of view. Then theory helps to identify the point of view to legal practice. from which it is working, and the possible gaps and tensions Most feminist legal theories focus in one way or anoth­ within a practice whose assumptions have lost their appeal er on the issue of women's differences from men. Under the or applicability for all concerned. conventional non-discrimination principles I just metioned, In legal practice, many things are taken for granted the effort was to minimize women's differences: the more about law. For example, it is assumed that the law relevant they are like men, the more they are entitled to the same to any given problem can be readily ascertained from exist­ treatment as men, which is what seemed most desirable. ing soutces, that it can be applied objectively and neutrally, But some feminists began to insist that formal equality for and that it does not play favorites between individuals or women did not amount to meaningful, "real" equality. between groups. In the 1970s and 1980s before anyone be­ The bluebird moved a little, but it was still mired in mud. gan talking about feminist legal theory, there were signifi­ The explanation of feminists pursuing an alternative theo­ cant efforts to improve the legal status of women within ry-substantive equality, sometimes referred to as special principles of formal equality consistent with these assump­ treatment-is that the situations of women are so different tions. Advocates insisted that likes should be treated alike, from those of men (they become pregnant, they bear prima­ that women are like men and thus are entitled to be treated ry responsibility for raising children, the job categories in like them, that sex-based discrimination is based on inaccu- which they are welcome offer lower pay than those designed VOL U M E 11, N O. 1 11

for men, they are more vulnerable to rape and certain forms military service defines citizenship, their presence defines of harassment) that it is not enough to give them the same family, their inability to get along with each other-their formal opportunities as men. To create truly equal opportu­ wars and rulerships--defines history, their image defines nity, substantive equality advocates argue, special measures god, and their genitals define sex. For each of their differ­ must be taken to account for the special handicaps and dis­ ences from women, what amounts to an affirmative advantages experienced by women. This theory has been action plan is in effect, otherwise known as the structure used, successfully, to justifY such things as state laws man­ and values of American society. ' dating employers to give job security for women who require a disability leave in connection with their pregnancy and While MacKinnon's theory presupposes a kind of male childbirth even if they are not available for other disabilities. conspiracy to subordinate women, other feminists pursuing Women-only colleges and ptofessional associations might postmodern theory developed in other disciplines focus on also be justified under substantive equality theory. the extent to which the "structure and values of American Others looking at women's differences have emphasized society" are constructed and created through social processes the positive, rather than the negative, aspects of those differ­ over which no single one of us has very much control. Post­ ences, arguing that instead of trying to make women the same modern feminists emphasize that women's differences are as men, the law should celebrate and seek to promote values not a given (which makes the question only if and how characteristic of women such as empathy, connection, and the law should treat those differences) but rather a creation nurturance. These values, it is argued, constitute better or construction of the rules and social arrangements that models for society and the law than the "male" standards attach consequences to those differences. Pregnancy, for of personal autonomy, abstract rights and individualism to example, may be different from anything men experience, which women seeking equal treatment appear to aspire. but many of its consequences are not biologically compelled This theory, called "different voice" theory, cultural femi­ but rather arise from social practices and institutions that nism, or connection theory, is very controversial, and has privatize the burden of pregnancy and childrearing to the deep implications for many areas of law and for law practice. individual woman, encourage women's dependency on oth­ Still other feminists stress that the problem for women ers, and compromise women's connection to the workplace. is not inequality, but subordination to men. So long as Through its emphasis on social construction, postmodern equality is the focus, Catharine MacKinnon has argued, feminists find both hidden constraints in the law and its women will argue about whether they want to be treated creative and transformative possibilities. the same as men, or different from men, but either way, the In exploring the relationship berween feminist theory comparison is to men. Better, MacKinnon states, to concen­ and practice I want to move beyond differences in the theo­ trate on the distribution of power berween men and women. ries, with all of their competing implications which I cannot MacKinnon's brand of feminism, called dominance theory, address here, to the common methodologies of the theories or to use her own term, "feminism unmodified," asserts that and how these might impact upon legal practice. One of the source of women's disadvantage is not so much the dis­ these methodologies has been called "asking the woman criminatory treatment of women, but rather the multitude question," which means identifYing the effects of a law or of ways in which society is structured, more or less invisibly, practice so that their unacceptability, either under existing to place women in subordinate roles. (One of these ways is legal criteria or new and better criteria, might be apparent. by promoting women's nurturing, caring, connected self; In particular, if it is determined that a particular rule or rule MacKinnon disagrees vehemently with different voices the­ interpretation or practice which appears to be neutral and ory.) MacKinnon's claim is that even after explicit forms of objective is shown to create systematic disadvantage for legal discrimination have been eliminated, what's left is a women, judges or legislators might be moved to reconsider society structured invisibly as a kind of affirmative action conventional interpretations or to enact new laws. plan for men. Let me give one example from the family law area. In a child custody case from California, a mother lost cus­ Every quality that distinguishes men from women tody to a father for rwo basic reasons: (1) the father had is already affirmatively compensated in this society. Men's remarried, and his new wife was available to stay at home physiology defines most sports, their needs define auto with the child so that she would not have to be put in day and health insurance coverage, their socially designed care, and (2) the father had a better job than the mother biographies define workplace expectations and successful and thus was able to provide a higher standard of living in career patterns, their perspectives and concerns define quality in scholarship, their experiences and obsessions define merit, their objectification oflife defines an, their , Catharine A. MacKinnon, Feminism Unmodified: Discourses on Life and Law 36 (1987). 12 D UK 1:; LAW MAG A Z J N E

the home. Advocates for the mother argued that if courts decisionmakers in the society, i.e., men. So, for example, the were able to take remarriage and economic security into reasonable person is a person who can protect himself, who account, women, who remarried less frequently and who makes his own decisions, who can leave a relationship when on average earned considerably less than men, would be dis­ it doesn't suit him, who is available for steady employment advantaged systematically in child custody cases, and that to (meaning without the need for six-week or four-month the extent these factors had little to do with the strength of leave periods to bear children or for two hours here and the relationship between the child and each parent, this dis­ there for the children's doctor's appointments or to attend advantage was unjustified by the child's interests. The case parent-teacher conferences)-in other words, a reasonable was won on appeal. 2 man. Bringing out the buried context of a case helps to Note, here, that the idea is not to create advantage show that reasonableness should be judged from a particular for women, but to eliminate disadvantage, although there perspective, and that what seems reasonable, or unreason­ will be disagreements, even disagreements among feminists, able, from one point of view, may look quite different when about where a particular case falls along this continuum. the situation is examined from other perspectives. In this case, the argument was not that women should be Consider a 1989 North Carolina murder case involving favored in child custody actions, but that various convenient a battered woman who killed her husband after (rather than proxies for the best interests of the child cannot be used during) an abusive assault. The woman's effort to defend when these proxies have significant gender implications. herself on self defense grounds failed because the trial court, upheld on appeal, concluded that when the defendant kill­ ed her husband, she did not have reasonable fear of "immi­ nent" death or great bodily injury. This conclusion followed ... if it is determined that a particular rule from the court's assumption that the defendant could have or rule interpretation or practice which left her abuser after the particular assault in question. Bur appears to be neutral and objective is while this assumption might have made sense in the context of a prototype of male-on-male assault, it did not fit the shown to create systematic disadvantage facts of this case, in which the woman was a victim of long­ for women, judges or legislators might be standing physical and emotional abuse. Her husband had repeatedly raped her, forced her to engage in prostitution, moved to reconsider conventional inter­ physically abused and terrorized her, tracking her down pretations or to enact new laws. whenever she made a move to leave him and threatening to find her and kill her if she ever tried to leave him or report him to the authorities.3 In similar situations, other An important part of demonstrating the impact of cur­ courts building on insights made in feminist legal theory rent laws and practices on women is providing accounts of have defined the self defense doctrine more broadly, taking women's actual experiences. What is now understood in the into accounr the actual experiences of women who are vic­ law as sexual harassment used to be viewed merely as good, tims oflong-standing domestic abuse and interpreting re­ clean harmless fun which, even if in bad taste, women quirements of reasonableness and imminence accordingly.' ought to learn to grin and bear. It came to be understood Credibility issues are often affected by hidden assump­ as discrimination which harms women only after enough tions which, when exposed, may change how a factfinder stories were told about the effects of these behaviors upon views a siruation. Let's start with the Anita Hill/Clarence women demonstrated the power of sexual harassment to Thomas saga, which may not be a routine case but it tells denigrate women and to undermine their ability to perform a routine story. Whether or not you believe that Anita Hill their jobs on the same basis as their male counterparts. was telling the truth when she charged Clarence Thomas Feminist reasoning is often said to be more contexrual with sexual harassment, let's look at the main reason given than conventional legal reasoning. To the extent this obser­ for not believing her: that if what she alleged really hap­ vation has any comparative utility (for, of course, all lawyers pened, she would not have stayed at her job, she would not must think contextually), it is based on the understanding have followed Clarence Thomas to a new job, and she in feminist legal theory that the more abstract a legal princi­ would not have kept up with him over the following ten ple, the more likely it is to standardize cases into preset years. The trouble with this argument is that it seems to types, which tend to reflect the experiences of the dominant

3 State v. Norman, 378 S.E.2d 8 (1989).

2 Burchard v. Garay, 724 P.2d 486 (Cal. 1986). 4 See, e.g., State v. Hundley, 693 P.2d 475 (Kan. 1985). VOL U ME 11, ,\ O. 1 13

disregard altogether the real cost to Anita Hill of burning I make, here, only a very limited claim: that feminist all her bridges and abruptly terminating her ptofessional legal theory can help a lawyer to better understand how to relationship to her boss. look at the law and how to frame arguments that in some A double standard-a gendered double standard­ situations may be useful. Depending on your type of prac­ seems to have been operating here. The hidden assumption tice, the sorts of issues in which feminist legal theory is poten­ is that Anita Hill's career was not very important. This tially helpful may be very limited. My view, however, is that assumption contrasts sharply with one applied to Clarence theory-some theory-is inevitable. This is not to say that Thomas, that is, that his promotion to the Supreme Court you cannot practice law without awareness of theory. But was very important. Thus, for example, he was to be given any practice that proceeds without a more or less conscious the "benefit of the doubt." Even if Clarence Thomas had theoretical foundation can only be successful within the done what was charged, many believed, what he did could terms of that practice, which will almost certainly incorpo­ not possibly have been bad enough to warrant losing the rate and reinforce the hidden assumptions of that practice. opportunity toward which he had been working all his life. 5 The bottom line is that if you support the underlying assump­ Her career was dispensable; his was not. tions of existing law and legal practice, you could probably I am not saying that if this double standard had been do without anything generaLly recognizabLe as theory; the effectively exposed it might have changed the minds of any hidden assumptions of the system will be your hidden the­ senators. Public opinion polls now show, however, that the ory. On the other hand, to the extent you may wish to be public perception of Anita Hill's credibility has improved the kind of lawyer who seeks to question and improve the since the hearings, and I believe that this improvement is assumptions of the existing system, you will probably want based at least partially upon the public airing of this point, to think about some of the different theoretical frameworks as well as on the enormous increase in writing and talking that might provide some of this kind of direction. Feminist about women's actual experiences encouraged by this case. legal theory is not, of course, the only choice. As law stu­ Along these lines in real practice, it can be useful in dents, though, you will certainly also want to acquire some prosecuting a rape case if some of the gender-based assump­ understanding of other perspectives as well-law and eco­ tions underlying a juror's potencial disbelief of an alleged rape nomics, for example, or critical race theory, legal process victim might be excavated, so that those assumptions can be theory, legal realism, legal positivism, or natural law. examined and (hopefully) undermined. To what extent, for If you don't think about the broader theoretical struc­ example, might a juror be inclined to artach different, gen­ [lire of law, you may be a good lawyer, within the terms of dered expectations and motivations to a woman and man, the existing system, but you are not likely to be a very cre­ both out drinking at the same bar at the same late hour of ative force for improving that system. You won't be as good 3 a.m. in West Palm Beach? Less so, one would hope, if the at spotting the internal contradictions I talked about, which prosecutor is effective in bringing the issue of gender out in can be exploited to push existing limits. To the extent you the open, to be examined by jurors who, when faced with are practicing without a conscious theoty, you are almost the possibility of bias, may be hesitant to act upon it. necessarily conforming, or trying to conform, to the assump­ Hidden double standards are also all too common in tions of the existing system. The best you can do is to dupli­ child custody cases. In representing a woman in a child cus­ cate, as best you can, what you've been shown. But if that tody case, the attorney who does not wish to have her client doesn't work, when the results are not what you want, or prejudiced by this double standard may need to explicitly when your goals change, you may have a problem with trac­ anticipate and undermine it. I have in mind a South Dakota tion. When I put the boards under the front tires of the case, in which a mother, who taught music part-time, lost bluebird, I was doing what I thought I had seen my father custody to a father who worked full-time outside the home. do many times-I just never noticed there was an issue The trial court, in ruling against the mother, noted that the about which tires needed the traction. Theory is not all mother slept until 9 a.m. on Saturdays, failed to prepare there is, but as you practice it can give you a little traction breakfast for her husband who left for work at 7 a.m., and to move forward, branch out, change direction, and, most on occasion had run out of jam and cookies. It concluded of all, to take responsibility for the role you will play in from these facts that she was unfit for custody because "her putting law into practice. primary interests are in her musical career and outside of the house and family. " 6 Pointing out the double standard obviously being applied here does not, of course, guarantee that the judge will see the case differently, but it does make S See, e.g., Orlando Parrerson, Race, Gender, and Liberal Fallacies, N.Y. Times, it more difficult for the judge to ignore a bias the system Oct. 20, 1991, sec. 4, at 15. tells him he is not allowed to have. 6 Masek v. Masek, 228 N.W.2d 334 (N.D. 1975). 14 D U K E LAW MAC A Z I N E

The Trouble with Interpretation Martin J Stone

Interpretation and Sem iotics? will make explicit a step that is being taken in the applica­ My remarks will address a tension not so much be­ tion of the rule, and if the interpretation is authoritative tween practice and theory, but-insofar as the law is already (that of a court, for example), it will also provide a rule for a theoretical activiry (in the familiar sense in which lawyers applying the rule in future cases. All this is commonplace. seek to ground a complaint in a particular legal theory)­ But semiotics? How many lawyers can even be expected to between the law's commonplaces and their contemporary know what this term means? Of course, there isn't really a academic re-theorization. The topic I was asked to cover is course on "Interpretation and Semiotics" at most American "Courses on Interpretation and Semiotics," and, as I hear it, law schools. Statutory or constitutional interpretation, per­ this tide presents an example of precisely such a tension. haps, for these raise some traditional legal problems, but not For interpretation is familiar. Typically, a lawyer speaks about interpretation as such and not semotics- the general theory interpretation when it appears plausible to apply a rule-to of signs (or however you define it). Insofar as these topics extend or withhold it-in different ways. An interpretation have become problems for contemporary legal theory, our relation to the activiry of interpretation itself has become both as intimate and as strange as the relation of Moliere's Monsieur Jordain to his own prose: Intimate, in that inter­ pretation is what lawyers and especially judges are supposed to be always doing; yet strange, in that "interpretation" has also become the ptovince of specialists in theory (and some­ times theory of a rather technical kind). Although the title "Interpretation and Semiotics" might be understood as an invitation, if not exactly to report on, then to invent a course, I would like to stress that I am nor without reservations about such a course. In order to explain my reservations, I will try to sketch one part of the main dis­ cussion-the philosophical dialectic-that would occur in this course.

The Question of Formalism I should emphasize that my remarks pertain to inter­ pretation as a foundational concern, the sort of concern that comes out in remarks to the effect that every reading, even every mere identification of a "text," is an interpreta­ tion, that you can't, so to speak, get free of interpretation. The counterpart to this in law tends to focus on the adjudi­ cation of cases, and in this it inherits the concerns of the legal realists. No one would deny that interpretation plays some role in adjudication, but the problems I have in mind grow out of the attempt to theorize interpretation as a con­ dition of any legal judgment. It is the universaliry of this thesis about interpretation which makes it sound not just Martin Stone is Associate Professor of Law and Associate Professor heady, but, to my ears, fishy as well. Philosophy at Duke. He joined the faculty in 1988 and teaches tort law and One reason for the headiness, I believe, involves a rela­ philosophy of law. He is currently completing his Ph.D. in Philosophy at tion between interpretation and another contemporary matter. BrieBy, insofar as one way of marking a distinction Harvard University Remarks to the Association of American Law Schools, between (call it) "the legal" and "the political" refers to a January 1992, Panel on Jurisprudence and the Curriculum. contrast between applying and creating social rules, the F 0 L U M E 11. N O. 1 15

thesis about the inevitability of interpretation might appear The Limits of Interpretation to make that distinction less secure. A well-developed legal I will remark first of all that if we think of our everyday system, the traditional idea goes, articulates a distinction understanding of signs, we encounter a more discriminating between legal and other grounds of decision, and in this use of the idea of interpretation. Iflast night, in response sense it can be said to consist in rules. The existence of tort to the waiter's inquiry, you nodded and he took your plate liability rules, for example, means that a court does not away, no one would have counted it a mark of your theoret­ undertake to decide whether, all things considered, the plain­ ical sophistication if you had then remarked: "See, he inter­ tiff or the defendant should pay for the loss resulting from prets my gesture as I intended it." You could cleverly insist an accident; instead the court asks (roughly, in the domi­ that-as a vertical motion of the head could mean many nant common law paradigm) whether there is a prima facie things and might not even be a deliberate act at all-the case that the defendant's negligent conduct was the factual waiter must (implicitly you will now say) be making an in­ and proximate cause of the plaintiff's injury. To say that terpretation. But you ought to be clearer whether in saying adjudication is an affair of rules is just to say that in adjudi­ there was an interpretation you mean to imply that there cation the grounds of a properly legal decision are fixed in a were real and not just possible or imaginable doubts, hence way that excludes, or pushes into the background, other that it was reasonable or plausible for the man to under­ normative considerations (moral, political or economic) stand you otherwise. And you must admit that last night that might othetwise be brought to bear in deciding the no one had any doubts. case. But here's the rub. If the application of the legal rules requires an interpretation of them, then the outcome of the case is determined by an interpretive judgment that is not itself constrained by the legal rules. It seemed as if the dis­ ... the notion of interpretation was seized tinction between the legal and the political was a clear one upon in order to explain how it is possible as long as the legal side could be understood to require only practical reasoning in a form relatively immune from con­ for general legal rules to determine particu­ test and dispute, reasoning sometimes described as "mech­ lar cases. anical," "automatic," "deductive," or "formalistic." But to speak of an interpretation is to imply (whatever else it implies) that some other interpretation is possible. Interpretation, you might say, takes place in the space of interpretations. Now consider one way in which the concept of inter­ This means that there is some measure of pretense or pretation has been motivated in contemporary jurispru­ self-deception present when a judge seems to resolve a case dence. The old practical syllogism is brought out, the major by means of the legal rules alone; her decision must rely on premise giving the rule of law, the minor premise giving other grounds as well. In the best of cases such "legal poli­ some description of the particular transaction that has tics" may be innocuous, turning only on considerations occurred, a description, call it, of the facts. Since in even about which there is a strong professional or social consen­ the easiest of cases the established description of the facts sus; but, of course, nothing ensures that this is always so. typically contains no legal language and certainly not the To pretend that it is, or that cases can be decided on entirely desired legal conclusion (e.g., that the defendant was negli­ neutral grounds (in the limiting case, by a "deduction" from gent), it seems that there is always room for a question of the legal rules themselves), is-so the objection goes-to the following sort: In virtue ofwhat does this case, with its seek refuge in the fiction of "legal formalism." And in judi­ particular facts, fall within the class of cases designated, in cial practice, it is to present political judgments as purely principle, by the legal rule? Or more simply: In virtue of legal conclusions. whatdo the general legal concepts apply to the particular Such an argument about legal judgment has had a facts? The answer is: In virtue of some interpretation of continuous, and even obsessive play in our legal culture. those concepts. So an interpretive decision is present in Here, however, I will simply share with you a few of my every legal judgment. own thoughts about it. Specifically, I think it is worth try­ Well, if in doing jurisprudence we keep one ear attuned ing to identifY the temptations that lead us to give inter­ to the ordinary, the nearby and the everyday, we won't enjoy pretation a foundational role if only to see in the end why this conjuring trick but will respond to it in the following our yielding to these temptations really produces little way: Of course there are cases where it is useful or even nec­ satisfaction. essary to make an interpretation. But is this so in every case? 16 D UK E LAW ,\/ A G A Z J N E

The woman at the door of this auditorium is checking nation of particular cases, and then we think that there registration badges. Do you want to say that her every deci­ must be some theorizable thing in virtue of which this gap sion this morning depends on an interpretation? You can is bridged in practice-either an interpretation, or an infor­ say this if you like, but that only shows that you are from mal principle, or a political theoty, or the goals of policy, the start determined to represent the matter in a particular or the consensus of a community, or the socialized disposi­ way. You are determined to call every application of a rule tions or whims or knacks or ideology of the judge. This is an interpretation of it. Yet given the far reaching claims the very matter of the contemporary jurisprudence of legal about law made today in the name of "interpretation," judgment. We demand a theory that @ls the gap. But in­ wouldn't it be less confusing to keep the word moored for stead of trying to satisfy this demand, we also might ques­ the time being in its original home-the genuinely useful tion the picture that gives rise to it. substitution of one linguistic expression for another? Two Examples from Tort Law Let me flesh this out a bit in the form of two examples of the problem as it shows up in the first-year course I teach, Torrs-examples that may be best considered in light of an ... our relation to the activity of interpreta­ objection to what I have been saying: The law abounds in tion itself has become both as intimate 'hard cases,' this objection begins, cases in which it is possi­ ble to apply the legal rules in different ways. Possible-not and as strange as the relation of Moliere's because clever doubts can be introduced that would never Monsieur Jordain to his own prose: Intimate, arise in the billable hour of the real world-but because in that interpretation is what lawyers and there are real doubts about what in the particular case the law requires. God knows, applying the law is not like nod­ especially judges are supposed to be ding to the waiter. Perhaps not in every case, but certainly always doing; yet strange, in that "interpre­ in the cases we care most about, interpretations are made and the doubts which make them necessary make them tation" has also become the province of politically controversial as well. specialists in theory (and sometimes theory Now this rejoinder affords a healthy invitation to not of a rather technical kind) ... that you can't, merely theorize in the abstract but to look and see how the law behaves-only when we do this, we will see, I think, so to speak, get free of interpretation. that this rejoinder really distorts the issues of interpreration, indeterminacy and the political. First example: In the civil-law jury instructions, a jury is asked to apply a very general formula-a formula about rea­ In fact, our objections lie deeper than this. For the sonable risk-taking, for example-but it is certainly not notion of interpretation was seized upon in order to explain asked to interpret it. This is worth thinking about. The law, how it is possible for general legal rules to determine partic­ in asking the jury to decide, apparently knows that the legal ular cases. But the worry now arises that interpretation, rules alone do not determine the outcome of the case, but it even if it were found or presumed to occur in every case, cares nothing for further interpretation of those rules! Now wouldn't really be an explanation at all. If you picture the in some of the model jury instructions, it is actually said, law as subject to a kind of general abyss between the general just after the legal standard is stated, that (I quote from the and the particular, it is hard to see how this foundational Illinois model instructions) "the law has no view of this notion of interpretation is going to help. For every interpre­ matter: it is for you, [the jury] to decide." Let us read this tation, every reformulation of the general rule would just carefully. The law doesn't have an indeterminate view, it has hang in the air along with what it interprets. But this shows no view about whether a particular defendant's conduct was that if the activity of law is to make sense at all, there must reasonable. By declaring this, the law makes a distinction be cases in which a judge simply follows the rules without between its own determinations, which are conceptual or interpreting them. formal, and the actual positive decision which is needed to Am I trying to revive an old and discredited formalism? resolve the case. Oust as the law declares itself distinct from It would be better to say that the whole worry about for­ positive decision, so too, the jury's decision traditionally malism only arises from a certain picture of the law. In this creates no law and has no force as precedent.) Furthermore, picture we see a gap between general rules and the determi- at the same time that the law has no view of the defendant's VO L U M E 11, ,V O. 1 17

liability, it does have afolrydeterminate view about the pro­ In Conclusion ... per concept that must be applied for purposes of resolving Well, let me sum up. My reservations about a general his liability, namely the reasonableness of risk. The law course on interpretation and semiotics are perhaps also rea­ brooks no further interpretations of this concept, but only sons, in the end, for teaching such a course, for they stem requires its application in an act of judgment. So one might from the sense that there is genuine confusion about inter­ venture to say that the law speaks in this instance with all pretation, and that the pressure of this confusion is felt not the determinacy that it makes sense for it to have: it is just in academic legal theoty but among those whose busi­ exactly this and not some other concept that must be applied ness it is to apply the law. There is a great deal of difficulty, if the case is to be resolved on legal, as opposed to some in particular, in recognizing that interpretation really plays other political or administrative grounds. a far more limited role in the law than the current founda­ This example may help us to identifY what seems odd tional concern with the concept would suggest. A good in the quick inference observable today from the law's inde­ terminacy to its politicality. Such an inference could only appear plausible if one supposed that when the law has no­ thing to say about the application of one of its rules, so that Perhaps not in every case, but certainly reaching a result now requires an additional applicative judg­ ment, that reaching this result on any grounds at all still in the cases we care most about, interpre­ amounts to legal judgment. tations are made and the doubts which To see more clearly what is wrong with this, consider make them necessary make them politically my second example, a few sentences from Lord Denning's opinion in the much discussed Spartan Steel case. Denning controversial as well. writes:

The more I think about these cases, the more diffi­ cult I find it to put each into its proper pigeonhole. course might be one that studied its exact role-studied Sometimes I say: "There was no duty." In others I say: rather than, say, theoretically deducing it. Such a course, ''The damage was too remote." So much so that I think once it got going, might also explore two matters which the time has come to discard those tests which have run counter to an apparently growing orthodoxy. First, proved so elusive. Ir seems to me better to consider the the so-called indeterminacy of legal concepts doesn't itself particular relationships in hand and see whether or not, license or even call for interpretive judgment-witness the as a matter of policy ... institution of the jury. Second and more surprisingly, inde­ terminacy in the law doesn't in any straightforward way You can see that Denning's disappointment is condi­ provide grounds for questioning the distinction between tioned by his demand that "duty" and "proximate cause" law and politics. Alas, it seems just the opposite: To the function as what he calls "tests" rather than, more modestly, extent that indeterminacy is another word for the generality as the expression of a certain conceptual requirement: the of legal rules, we would have to regard it not as a defect in requirement, roughly speaking, that the injury suffered by the law but as one of the law's essential or constitutive fea­ the plaintiff be related to the unreasonable risk taken by the tures: a feature, one might even say, which distinguishes law defendant (and not the result of some other wrong or mis­ from administration and policy, where once a precise goal fortune). Because the legal concepts give no "test," but only or mix of goals has been posited, determinate calculations a ground for decision, Denning feels justified in discarding and decrees become, at least in principle, possible. But per­ them and in judging the case on other grounds. Denning's haps, in regard to this last point, we still need to come to decision remains connected to the law in the sense that the some understanding of the experience-an experience en­ law authorizes him, Denning, to decide. (He treats the demic to the strain of realism in our legal culture-of disap­ law, you might say, as if it contained only power-conferring pointment with law when the law does not concern itself rules, rules of jurisdiction.) But isn't his decision in other with the result of a case, but only with the concepts by respects just an abandonment oflegal judgment in favor which a legal result-hopefully with good judgment- of something else? Denning's reasoning resembles that of is to be achieved. someone who, realizing that the concept of, say, "an appro­ priate reward" doesn't itself determine how much to pay some­ one, decides to abandon the concept and never offer one. ABOUT THE SCHOOL v a L U M E 11, NO. 1 19

The Law School Breaks Ground on its New Addition

t is a great day in the life of the Law School," David Klaber '69, president I of the Law Alumni Association, pro­ claimed as alumni, students, faculry and other friends joined together on September 19, 1992 to celebrate the groundbreaking for Phase II of the 84,000 square foot expansion and renovation of the Law School building. Although construction had already begun in the "backyard" of the Law School, the official groundbreaking ceremony for the new addition was held during Law Alumni Weekend so that returning alumni could participate in the event. For the ceremony, Dean Pamela Gann '73 welcomed to the podium other representatives of the Universiry and Law School communities: Duke Universiry President H. Keith H. Brodie; Chairman of the Law School Board From left, Robert K. Montgomery '64, Dean Pamela B. Gann '73, Duke President H. Keith H. Brodie, of Visitors, Robert K. Montgomery '64; John F. Lowndes '58, and Jay G. Volk '93 officially break ground for the Phase II addition during ceremonies on September 19, 1992. Chairman of the Law School Capital Campaign, John F. Lowndes '58; and President of the Duke Bar Association, Jay G. Yolk '93. In looking ahead to the instruction down from Harvard: the case method. ... He Led future, the speakers reviewed the Law School's past accom­ his law schooL to recognized exceLLence-membership in the plishments and the events leading to the groundbreaking. American Association ofLaw Schools in 1905 (one ofonly President Brodie reviewed the early years of law teach­ two institutiom elected from the South at that time), and ing at Duke Universiry reminding the audience of the inte­ gral part professional education plays in the life of a great in 1923, a place on the American Bar Association's first List UnlVerslry. ofapproved law schools, one ofonly thirty-nine. . .. Thus, in December of1924, Trinity CoLLege was weLl prepared to The study oflaw at Duke University can be traced as comply with the directiom ofthe Duke Indenture to arrange far back as 1850, when the president of Trinity College, its new program of University education, "first, with speciaL Braxton Craven, Lectured on PoLiticaL and NaturaL law as reference to the training ofpreachers, teachers, lawyers, and part ofthe liberaL arts curricuLum. From 1868 untiL physicians ... . " Craven's death in 1882, about one-third ofthe students The visionary Leaders who were respomibLe for the cre­ who took these courses also became lawyers. ALthough courses ation ofa new Trinity CoLLege in Durham had included a in law were intermittently taught at Trinity in later years, law schooL in their dream from the very beginning. So also it was in 1904 that our schooL oflaw, in the modern sense, was the Law SchooL an integraL part ofthe dream that cre­ was reaLly founded. ated Duke. Congratulatiom to aLl ofyou who have worked ... In September of1904 the schooL opened under the for today's dream-may you take pride in the continuity Leadership ofRaleigh lawyer, SamueL Fox Mordecai, who you help create here, and in your schooL's identity within a brought ... the "revoLutionary" new system ofclassroom great university. 1 20 DUKE LA~' MAGAZ I NE

Dean Gann thanked President Brodie for his support Gothic building, next to the Perkins Library. Many ofyou of the Law School's building project, and noted that the were educated in that very building, on which the ItaLian new building would create tangible links to the history of artisans carved the scales ofjustice and the Barristers wig the Law School and the University, and provide adequate into the lintel ofits entrance. space for the current needs of the Law School in both func­ But the Law SchooL facuLty, lead by Dean Elvin R. tional and attractive surroundings. Latty, determined in the late 1950s that the Law School needed to be larger in size in aLL its aspects-students, facul­ When I became Dean in 1988, I sat down with ty, and library. Dean Latty's ambitions were to create a President Brodie, and we discussed the priorities for the national law school with a large enough faculty and student Law Schoo!. we both agreed that the Law SchooL's building body of300 to have an intellectual and professionaL impact program was absoLutely the first priority to be accompLished. in the United States. These ambitions could only be accom­ President Brodie has never wavered from that decision. He plished with a new Law School building. has provided fund-raising support and University funding Thus, the present red brick building on this site became for this Phase II. Moreover, he has given me the highest the new Law School building in September 1962, exactly LeveL ofpersonaL support throughout the planning and thirty years ago this month, on the geographic edge ofthe financing ofthis building .... then existing campus. Fortunately, this structure was built President Brodie mentioned the beginning oflaw with the generosity ofa gift from the Duke Endowment. teaching at Duke by Trinity College President Braxton Unfortunately, some would say, it was built in an era when Craven in the 1850s. His law lectures were part ofthe lib­ the University's Board of Trustees must not have believed eral arts undergraduate curriculum, ofwhich President that buildings made an important statement about the Craven was an ardent advocate. I am very pLeased that significance ofthe work ofthose housed within. As we his great granddaughter, IsobeL Craven Drill a Trustee glance down Science Drive, our eyes wiLL move from Law, Emeritus ofDuke University, made a gift to this building to biological sciences, to mathematics and physics, and to program and that a major meeting room in our new space engineering, aLL housed in rather plain and simple red wiLL house the Braxton Craven Room for University Legal brick buildings. Education. It wiLL house his portrait and be a historical Fortunately, the current University Board of Trustees reminder ofthe beginnings oflaw teaching at Duke. and President Brodie appreciate the original understanding Society often demonstrates the value that it places on ofJames B. Duke and President Preston Few about the particular human activities by the nature and quality ofthe importance ofthe quality ofarchitectural design and build­ buildings housing those activities. This fact is often best ing materials at a university ofDuke's distinction. The Law illustrated in national capitals .. .. Duke University's bene­ School's present building program is designed to re-house the factor, James B. Duke, must have understood the impor­ Law School in a structure fitting in scope, design, and tance ofbuildings, for he personaLly funded many ofthe beauty ofmaterials to the importance ofthe endeavors of graceful Georgian buildings on the East Campus and the faculty, students, and others who carry out the mission of impressive historic Gothic west Campus buildings, includ­ the Law School. This Phase II wiLL adjust the scope ofthe ing the Duke Chapel. He must have appreciated that Duke building to accommodate the Law School's current academ­ University needed to look like a university ... and that ic programs, is designed upon the rich architectural tradi­ Duke University should be housed in buildings signifying tions at Duke, and wiLL be finished in granite containing the importance ofits work and contributions to society. the colors ofDuke University's beautiful stone. Certainly, we aLL take great pride in the farsightedness to design and build one ofthe most impressive university cam­ Bob Montgomery '64 reminded the audience of more puses in the United States. recent history-particularly involving the Law School building-and looked forward to a more spacious and The Duke Law School shared in these initial resources attractive building. and facilities, being housed from the 1930s in its own VOL U At E 11. N O. 1 2 1

It is probably somehow fitting that there is someone strable in our efforts here. In speaking about "vision" I here from the Duke Law School class of1964, because after would first like to note the contribution ofPresident Brodie. our class experienced a year ofattending classes in some I want to take this opportunity today to thank cramped, cozy classrooms in the Gothic buildings of West President Brodie and to commend him for his vision and Campus, we then spent our last two years here at what was his resulting actiom in permitting the Law School's then the "new" Law School building. During our time here, fondraising activities for the new Law School facility to be the Law School was moved from the center offeverish cam­ integrated into the University's Campaign for the Arts and pus activity to a kind ofbenign exile in this building at the Sciences-thereby giving our efforts here on behalfof the outlying fringes ofcampus. As we began our second year of Law School some much needed visibility and credibility. law school, we found ourselves in a cavernous brick facility foil ofempty space and ofvery dubious architectural pedi­ gree .... Given the vast amount ofempty space in the new Law School building, some ofus finally decided to charac­ terize the architectural style as "early American airplane hangar. " Thirty years ago-in the fall of1962-there seemed to be little doubt that the space in the building would be suffi­ cient to house several lifetimes ofLaw School students. But, ofcourse, here we are today embarking on a groundbreak­ ing for a new facility because the Law School has so clearly outgrown the existing facility. All ofus who are here today who can actually tour the existingfacility can readily understand why more space is needed. The cavernous open spaces which existed in the building when we moved here in 1962 were chopped up and divided over the years into a virtual maze oflittle rab­ bit warrem as space was required for an expanded student body, for expanded faculty and staff, and for the addition of new activities and new fonctions that have been undertak­ en during the past thirty years .... By virtually all accounts, Duke Law School ranks Construction of the Phase II expansion and renovation of the Law School building somewhere in the middle ofthe top ten national law schools began last summer. in its ability to attract quality faculty and quality students. On the other hand, however, the size and adequacy ofour Secondly, I want to commend the vision ofPaul physical facilities here at the Law School probably would Carrington. As dean ofthe Law School for ten years, he, of not qualifY us for inclusion within the top twenty-five. The course, has assembled a top flight faculty and has expanded bottom-line, harsh reality ofthe situation is that the foture an exciting curriculum with joint degree programs and greatness ofDuke Law School could be threatened by inade­ other offerings. He then started the ball rolling toward quate physical facilities. Today we come together to celebrate obtaining an expanded facility to house the Law School. a groundbreaking to set that problem right. His vision seemed quixotic and unattainable several years Speakers on occasions such as this seem invariably to ago, but, nevertheless, here we are today at this ground­ talk about the word "vision" and the word "perseverance," breaking. so I think I should also because they have been so demon- 22 D U K E LAW MA G A Z 1 N E

Now let's talk a moment about the word "persever­ I have been fortunate enough to be involved in a small ance." There may be people who actually enjoy doing sub­ way with the dedicated efforts and sacrifices which have led stantial fundraising while they pursue their legal careers in to this groundbreaking, and to this new addition to the "real life. " Certainly not J. Somehow, John Lowndes found Law School. As in many worthwhile endeavors, the hardest the time and he had the perseverance to head up the Law part ofthis effort has been raising the money to construct School building campaign and make it the success that it and operate this much needed addition. has been. The Board of Visitors takes this opportunity to In this regard, Duke University, and Preside.nt Brodie, thank John for his tireless efforts on behalfof the Law have been supportive, creative and generous, and have School. made a substantial financial contribution to the success of And, finally, we must pay special tribute to the perse­ this venture. The hard work in the money raising business, verance ofthe movingforce behind this new Law School however, was done in the trenches over a period ofseveral project-Dean Pamela Gann. She transformed vision and years-one donation at a time. mere musings, speculation and high hopes into real action. Paul Carrington, during his deanship, began the cam­ She has been the drivingforce, the spark plug and the quar­ paign to raise funds for a substantial addition to the present terback in her perseverance in moving us toward realizing building. He brought in Lucille Hillman to help him plan our financial goals. We salute Pamela and congratulate her and direct the campaign, and together they began the tortu­ for having engineered this success. ous process ofidentifying and visiting alumni and others ... It seems clear that the architectural style ofthe com­ who were prospects for contributions. This difficult process pleted building will no longer be referred to disparagingly as was not made any easier by the fact that the Law School has "early American airplane hangar. " We must all look for­ a small, young, and widely dispersed alumni which did not ward eagerly to the completion ofthe new facility which have a tradition ofgiving significant amounts to their Alma seems destined to be hereafter described as the "eclectic Mater... . metamorphosis ofGothic and Georgian traditions" here at When Pamela Gann became Dean, she picked up the Duke. That description alone should be worth the price of campaign in midstream and brought her very considerable admission. talents and determination to this effort. Dean Gann gave this project the highest priority, and over the last several Dean Gann noted that "this groundbreaking ceremony years, she has repeatedly traveled the length and breadth of is a tangible product of the success of The Campaign for this land visiting alumni and gathering contributions for Duke." D uke University began the most ambitious fund­ the new Law School .... raising effort in its history on July 1, 1988. With a goal of $400 million for all purposes, The Campaign for Duke Pam not only completed the task ofraising the money surpassed its objectives by raising pledges totaling nearly for the new building, but in doing so she created much good $565 million at its conclusion in December 1991. The will among the Law School alumni which will benefit the Law School participated in this three and one-half year Law School for many years to come. A great part ofthe Campaign with its own fund-raising effort of unprecedent­ credit for today's event must go to Dean Pamela Gann .... ed scope. At the conclusion of The Campaign over 4,000 The alumni, from the very first, were expected to pro­ donors had provided $17.1 million in total pledges and gifts vide a large portion ofthe money needed for this endeavor, to the Law School, substantially exceeding its Campaign goal of$12.5 million. and I am happy to report to you that the alumni successfully One of the primary purposes of the Campaign was to met this challenge. Many ofthe alumni gifts were signifi­ enable the Law School to proceed with Phase II of its build­ cant in size and importance. Most ofthe alumni gifts were, ing program. John F. Lowndes, a Trinity College graduate what is called in the trade, "stretch gifts, " which means they of 1953, and a Law School graduate of 1958, who served as represented real sacrifices. All ofthe alumni gifts evidenced the chairman of the Law School's Campaign reflected on a real regard and affection for the School which has given the efforts behind the addition. so much to its alumni. The alumni, who have always been VOL U M E 11, N O. 1 23

proud ofthe Duke Law School, deserve to be proud of It is the anticipation ofthis kind ofexcitement that you themselves for their support ofthis campaign. can sense among the students and faculty ofthe Law Schoo!. I hope you will pardon a few personal remarks about We feel that the Law School is taking steps to bring the law buildings and things I care about. facilities in line with the quality ofthe faculty and students I have a very long history with the Duke Law Schoo!. by providing a comfortable, attractive learning environ­ My father, Charles L.E. Lowndes, came to Duke to teach in ment. This new building will provide the space necessary the Law School in the early 1930s, and he taught here for each student to reach his or her potentia!. until he died in 1961. Two ofthe most important things in This was not the initial mood at the Law School. I am his life were his pride in the Duke Law School and his not sure ifall ofyou are aware that the construction crews affiction for its students. were dynamiting during the first few weeks ofschool. Some I grew up in and around the Law School. Most ofmy students were heard to comment, "If the classes aren't earth pleasant memories oflaw school buildings, however, are of shattering, the dynamiting sure is!" the original Law School building. ... I remember, however, Eventually, we adjusted In fact, after a few days, pro­ Jack Latty, a great teacher and dean, telling me ofthe plans fessors started making profound points just before dynamit­ to build this building in the early nineteen sixties. He was ing. This was particularly effective with the first year excited because then, as now, the Law School sorely needed students, who thought that professors had somehow con­ more space, and because he liked the architecture ofthe new tracted with God for the thunderous explosions. building which was not to be gothic, but what he called On behalfof the students, present and fUture, I would modern colonial not unlike a new "Holiday Inn. " like to tell you that we are excited about the new space in I know that both my father and Jack Latty would be the building. In the past few years, major student initiatives very pleased about the new building we are celebrating have been undertaken to begin an international law jour­ today, and for that matter, with the continued excellence of nal and an environmental policy forum magazine. With the Duke Law Schoo!. more space housing the same number oflaw students, stu­ dents will have more room to take more initiative. Jay Yolk '93, current president of the Duke Bar This is a springtime for the Law Schoo!. It is a time to Association, represented the student body during the cere­ grow; a time to reaffirm our standing as a top law facility. mony, for as Dean Gann reminded the audience, "One of But, it is also a spring training. It is a time for students and the primary purposes of this building program is ro provide the scope and quality of space necessary for Duke to carry faculty to learn more about each other under somewhat dif­ out the educational mission with its students, who are ficult circumstances, while both await completion, opening among the very, very most talented group of American day, and the beginning ofa new season for Duke Law law students in the United States." School.

I had the chance to speak with some alumni over Construction continues on the L-shaped addition that breakfast yesterday. In the course ofconversation, we began will create a rectangle with the existing L-shaped building, to talk about building projects other than our own Law around a central, open courtyard. This addition will house the faculty and administration of the Law School and add Schoo!. Since I am a baseball fan, we discussed how many three small classrooms. The courtyard with lighted, inter­ baseball teams either recently completed or were in the pro­ locking stone walkways and tree shaded benches will pro­ cess ofcompleting new stadiums. Toronto, Baltimore, vide a welcome repose from the intensity of law study. Chicago, Denver and Cleveland all had a vision for a new The Law School community looks forward ro occupying stadium. When the teams moved into their new stadiums, the new space in 1994. the players were excited, the fans were excited, and the com­ munities were excited. 24 D U K E L AW M AG A Z 1 .V E

Duke Domestic Violence Advocacy Project

n the courtroom, where justice The program was developed in the her arrival in Durham last year. Told turns on nuances of meaning, the fall of 1991 as part of the Law School's the Coalition was not active in legal I words "He hit me" are as vague voluntary Pro Bono Project. Forty advocacy because they didn't have the as the air into which they are spoken. women students currently participate, people, Catlin was determined to Where did the blow strike? When? wedging an average of three court visits involve Law School students. Was it administered by a fist-a table? a month into demanding academic Yet those three diffident words often schedules. They research cases, provide are the sum total of the case initially information on defendants' prior offered by a battered woman to the records to time-pressed assistant dis­ courts. For women numbed by daily trict attorneys and district attorneys, A woman who has recently abuse, to speak our at all is a victory. and advise victims of domestic violence been assaulted and whose To tell their stories in the detail re­ what to expect from the judicial system. quired by the law may be impossible. Advocates also can be courtroom wit­ batterer may be sitting in That is where the Duke Domestic nesses to what they have observed, and court nearby is fearful and Violence Advocacy Project comes in, can corroborate the condition of a vic­ intimidated. "I've gone to matching Duke law students with tim when they first met. abused women seeking relief against Durham County Chief District court with so many women their barterers in Durham County Court Judge Kenneth C. Titus has said where the most helpful thing District Court. that as many as fifty percent of battered I did for them was sit be­ women in the past have not pressed charges because they were too intimi­ tween them and their batter­ dated by the judicial process. While it's er so they couldn 't see him. " too soon to tell whether the year-old Duke project has affected those num­ bers, Val Wylie, the court's Victim Witness Director, says law students have been successful in convincing Before coming to Duke, Catlin women not to drop charges. "I can had volunteered at a battered women's see where it is going to be effective. shelter in Northampton, Massachusetts They [the law students] provide the as a hotline advocate. Eventually, she moral suppOrt for victims in court." was trained as a legal advocate so she A sign of the acceptance of the could accompany women to court. project is the court's designation last Though advocates couldn't provide fall of a permanent room so that advo­ legal representation, they did explain cates can meet privately with women legal options and advised women what before their court appearances. The to expect from the courts. They also Elizabeth J. Catlin '94 was Duke Law School's District Court also has approved an were a supportive presence for women recipient of the annual Student Pro Bono Service unusual source of funding: Fines levied in the unfamiliar and intimidating against abusers will support the project's courtroom environment. Says Catlin, Award of the North Carolina State Bar. This award work. "Doing legal advocacy for the shelter was established by the Bar to recognize the public The seed for the domestic violence was one of the reasons I decided to service being rendered by law students. Catlin project was planted when Elizabeth come to law schoo!. There just seemed founded and continues to lead the Domestic Catlin, now a second-year law student, to be such a solid connection between Violence Advocacy Project, and also plays an active contacted the Orange/Durham County the efforts I was making and the assis­ role in several other student service organizations. Coalition for Battered Women upon tance a woman received." VOL U ME 11. NO. 1 25

Catlin's interest dovetailed with the concept of rape meaningless. Even for a woman. According to Department the formation of the Law School's vol­ a restraining order can be problematic. ofJustice figures, in three-fourths of untary Pro Bono Project (reported in "On the one hand," says Catlin, "the spousal assault cases, the battered the Summer 1992 Duke Law Magazine). woman initially feels she never wants woman was divorced or separated when Coordinator Carol Spruill spent several to see the guy again. On the other, they the incident took place. According to weeks structuring the project. A partic­ may need to meet to discuss children the Coalition, leaving increases by sev­ ularly sensitive issue has been the need and finances. If the woman meets with enty-five percent a woman's chances of to avoid crossing the fine line into the the batterer under those circumstances, being killed by her batterer. unauthorized practice of law. "This is it weakens the restraining order." Exactly what is "battering?" Accord­ one of the most difficult areas," Catlin ing to the Coalition, "Battering can be says, "because you can offer support and information to women, but you can't tell them what to do with it." For example, a law student can help a UYou would think that women in law school would have woman fill out a complaint form in her enough to do with just keeping their studies going. But the own words, but can't "speak for" her by response was just incredible. That says a lot about who they rephrasing those words. Says Kit Gruelle, Director of are as people. They don 't want to get just what there is to Advocacy and Community Education get out of textbooks-they want some real experience. for the Orange/Durham County Coalition for Battered Women, "When They want to give something to the community they're in. " we put this program together last year we had no idea there would be the response that there was. You would The domestic violence project a punch or a kick, harassment, threats, think that women in law school would members work closely with the constant put-downs, sexual assault, have enough to do with just keeping Orange/ Durham County Coalition severe beatings, and murder." Once it their studies going. But the response for Battered Women. The Coalition starts, it often continues and escalates. was just incredible. That says a lot about is patterned after a pioneering program John Garmatz, who counsels court-re­ who they are as people. They don't want in Duluth, Minnesota, which has ferred barterers for the Coalition and to get just what there is to get out of counterparts nationwide. Advocacy holds a master's degree in human de­ textbooks-they want some real experi­ and Community Education Director velopment and the family, cites three ence. They want to give something to Gruelle played a significant role in major causes of the problem. "It [vio­ the community they're in." shaping the Duke legal advocacy pro­ lence] is a learned behavior," he says. Law students who become legal ject. She emphasizes the democratic Most men who barter have either wit­ advocates complete a day and a half nature of domestic violence, which nessed or been the victims of violence of training. Training includes an intro­ cuts across all classes of people. Because as a child. Your concept of what makes duction to the Durham County court its victims often blame themselves and up a relationship and how you settle system, including the steps required for remain silent about abuse, its wide­ and solve problems is affected by be­ civil and criminal procedures. Training spread nature has been slow to be rec­ lieving that violence can be used." also includes an introduction to the ognized. The statistics are chilling. Violent men also have "a clear need basic parameters of domestic violence: According to the Coalition, domestic to have control over their partners­ what it is, how the law treats it, and violence occurs in more than half of all maybe even power." They see conflicts how advocates can address it. Says American homes, and the majority of in a relationship as a win/lose struggle, Catlin, "We talk about the typical victims-ninety-five percent according rather than something requiring mutu­ responses to domestic violence-why to the Department of Justice-are ally satisfactory resolution. A third women don't leave." Also discussed is women. Forty percent of all murdered cause of domestic violence is "an atmo­ the difficulty of introducing the law women are killed by the men in their sphere in our culture that accepts vio­ into intimate relationships. For exam­ lives. Fifty percent of women's injuries lence against women." ple, some states have a marital rape seen in hospital emergency rooms are "If you ask people individually, exemption stemming from the view the result of battering. Trying to escape they'll say no, that's not right," Garmatz that married couples are one, rendering the batterer can heighten the danger says. "But ask them about a specific 26 DUKE LAW MAGAZINE

incident, and they might say, 'In that Law students working with bat­ thing I did for them was sit between situation I might have done the same tered women in the courts describe a them and their barterer so they thing.'" Gruelle cites a recent example mix of frustration and reward. Says couldn't see him. One woman want­ of this ambivalent attitude toward Kathryn Branch '94, "Battered women ed me to hold her hand through the domestic violence. A pregnant woman live in a world of enormous stress and whole trial and I did. She wanted me whose husband had kicked her in the in order to cope they put up a shield to hold her hand when she got up in stomach was told by her physician, to keep everything out to the point the witness box and the judge let me "Tell your husband if he is going to they don't react to anything. It's diffi­ do it. She wouldn't talk otherwise." kick you he should kick you some­ cult to break through that. They're A common frustration mentioned where besides your belly." thinking, 'Who is this law student who by the student advocates is the frequen­ just drove up in a Volvo cy with which victims of domestic vio­ and thinks she's going to lence drop charges after filing them. help me with Says Branch, "The main problem in somthing?'" Battered getting convictions for battering is that women also tend to so many women are so afraid of their minimize accounts of barterers that they'll make the step of violence, which is filing the charge but won't be able to counter-productive in carry it through." Complicating the the courtroom. Says issue is the economic dependency of Branch, "They say, 'He many battered women, regardless of hit me,' when actually socio-economic status. Catlin notes he cracked her skull many can't leave because they have with a baseball bat." nowhere go, and no job prospects in Student advocates order to support themselves and their often must make legal children. sense of incoherent sto­ ries-ragged, looping accounts punctuated by outrage, tears, self­ "One woman wanted me to blame and doubt. Sometimes they are told hold her hand through the by women who may not whole trial and I did. She be immediately sympa­ wanted me to hold her hand thetic, and whose prob­ From left, Carol Sp ruill , Elizabeth Catli n and Kathryn Branch discuss th e Law lems may be when she got up in the wit­ Schoo l's Domesti c Vio lence Ad vocacy Project. complicated by alco- ness box and the judge let holism and mental ill­ ness. On the other hand, me do it. She wouldn 't talk Gruelle believes the situation can says Branch, "it's real satisfYing if you otherwise. " improve with early (primary grades) can break through that and really help education about what it means to be someone." She has found that the in a healthy relationship, and changes moral support provided by the legal in prevailing attitudes about interven­ advocates can be more helpful to a bat­ Another common frustration tion in "private" matters. "So many tered woman than the legal help. A among student advocates is the diffi­ people cling to the notion that 'what woman who has recently been assault­ culty of remaining dispassionate when happens behind the from door is our ed and whose batterer may be sitting a woman decides to return to an abu­ business and no one else's'. And there's in court nearby is fearful and intimi­ sive relationship. "You really have to let a lot of shame, fear and guilt mixed in dated. "I've gone to court with so the woman make her own decisions," with it. So it's an uphill battle." many women where the most helpful Catlin says. "You can't go in there with VOL eM Ell. N O. 1 2 7

an agenda, because what you're doing feel like, 'I'm going to law school, I'm then is perpetuating the same thing: learning all these things, and this is a {{In class things are theoreti­ You hold the power and you tell the fairly simple, common problem and I cal and in court things are woman what is 'best' for her." Says should be able to take care of it,' and Branch, "It's one thing to look at not to be able to is upsetting." practical. In class you don 't [domestic violence] as a social problem Student advocates find that pro talk about the piles of reports to be solved. But they [battered women] bono work adds a welcome dimension you have to go through to are trying to cope ... they're trying to to their academic experiences. Says get through the next twenty-four hours, Youngman, "In class things are theoret­ get any little thing done, like get through the next week, and some­ ical and in court things are practical. In a temporary restraining times they think it's better to just back class you don't talk about the piles of order, or just the practical off, or things might get worse." reports you have to go through to get any little thing done, like a temporary thing of how do you deal restraining order, or just the practical with a distressed client. 11 thing of how do you deal with a dis­ tressed client." Besides, she says, "It's {{ You feel like, 'I'm going to healthy to get away and not just be a law school, I'm learning all law stl,ldent-to do something for gets help they weren't going to get these things, and this is a somebody other than yourself" otherwise, it's a great service. But I Says Branch, "It's one thing to sit don't see it as a way to solve the world's fairly simple, common prob­ in a classroom and to know principles problems in a systematic way. You can't lem and I should be able to of contract law and when you can say 'Let's not have legal services or vic­ repudiate a contract and when you tims' advocacy services because we have take care of it, ' and not to be can't. And it's another thing to actually students.' They can't do the whole able to is upsetting. 11 sit there with someone with two black job-they are a supplement to it." eyes telling you her husband is going Spruill emphasizes the importance of to kill her children and what can she the project in broadening law students' do about it." understanding of social problems and Julie Youngman '94 recalls assist­ For some student advocates the the need for public advocacy. She ing an older woman suffering from project has brought home their own recalls a speech on domestic violence mental illness. "She had so many prob­ vulnerability ro a problem that is no she once made at another campus. lems compounding her battering prob­ respecter of income or privilege. "They didn't want to hear it," she says. lems it seemed too big for anyone to Natasha Rath '94 says her interest in "I could see that I was interrupting handle. It took me an entire afternoon the project was sparked because some­ their romantic view of life. I remember to get her to fill out the one-page form one she knew was coping with domes­ a campus reporter asking me afterward to go to the judge and get a temporary tic violence. "As a woman living if I was happily married!" She adds, restraining order. And it turned out anywhere in the United States, it's an "If you put yourself out and have these later she had been in many times before important thing to know about-to experiences with part of life that is un­ and she never followed through and know the signs to look for in an abu­ familiar to you it can have a ptofound she actually didn't show up the next sive situation-in my own life and my effect on your view of the world." week for the hearing. She wasn't really friends' lives." looking for a permanent solution. She Pro Bono Program Coordinator Deborah M. Norman wasn't ready to say, 'Enough is enough.'" Spruill is careful not to promote the Youngman, who recalls other, domestic violence project as a solution positive experiences with domestic to a social problem, but rather as a stu­ violence victims, voices a common dent development opportunity. "It is a impulse among student advocates, community service-anytime someone "When you meet these people you just want to make everything better. You THE DOCKET

J 1

.,.-. - .:,- '.~...... - .' ,. . - .- .. .~"..- ... -~.- • --- ... , -..".,.6 -A .,..' - .", ,,.-__ ~.:.- ~~~~:.-.l:':-:_ .J VOL U ME 11, NO. 1 29

Floyd M.Riddick

Bringing Order: Parliamentarian to the Senate

"1 hate to talk about myself, to tell officers through complex you the truth," says Dr. Floyd M. and heated parliamen­ Riddick, parliamentarian emer­ tary entanglements. "His itus of the United States Senate and a quiet direction, spoken '32 and '35 Duke graduate. The self­ only for the ears of the effacing remark is consistent with the senators seated directly behind-the-scenes role Riddick played behind him, and indis­ as parliamentarian of the U.S. Senate cernible in the Senate from 1965-74. (He was assistant parlia­ gallery or on the Senate mentarian before that, from 1951-64.) floor, would be repeated Seated before the presiding officer at loud and clear [by the the lower dais in the Senate chamber, presiding officer], Riddick occupied the eye of the storm accompanied by appro­ in the major Senate debates of his time, priate raps of the gavel." including the civil rights movement Spong notes that and the Vietnam War. Upon his retire­ Riddick is "perhaps the ment, dozens of senators took the floor foremost authority on to praise Riddick's skill in endowing a parliamentary procedure sllccession of fledgling presiding offi­ in the United States," cers with "the illusion of command and and likens Riddick to competence" in the combustible atmo­ great parliamentarians sphere of Senate discourse. John Hatsell, parliamen- Floyd M. Riddick tarian of the House of ------Commons in the 18th "His quiet direction, spoken century, and Thomas Jefferson, whose would-be greats" who moved through manual is the original code of rules for the Senate chambers, shaping national only for the ears of the sena­ the Senate. and international policy. In the course tors seated directly behind An Oklahoma senator once re­ of his career, Riddick had tea with him, and indiscernible in marked on the importance of Riddick's Einstein and witnessed Senator Hiram post, "Many parliamentary decisions Johnson weep in his office at the onset the Senate gallery or on are more important than votes." Thus of World War II. Research professor the Senate floor, would be the parliamentarian, "like Caesar's wife, Richard A. Danner, director of the Duke Law Library, recalls visiting repeated loud and clear must be above suspicion on all counts." Riddick's former colleagues gave him Riddick in his Washington office before [by the presiding officer], high marks for integrity. Senator Jacob Riddick's retirement. "His office was [ accompanied by appropriate Javits said of Riddick, "When you put filled with memorabilia, testifYing to a problem to him, he rarely answers the warmth and esteem with which raps of the gavel. " inobjectively, and he has no inhibition members of the Senate regarded him." about the fact that he may have to rule Riddick once likened the job on it and that he might rule differently." of parliamentarian of the U.S. Senate As assistant parliamentarian and with keeping store. "It may be quiet Former Senator William Spong, then parliamentarian under presidents for a long time," he said. "Then all hell later dean of William & Mary Law from Harry Truman to Jimmy Carter, breaks loose. " Riddick spent the whole School, writes of Dr. Riddick's capabil­ Riddick had a unique vantage point of one turbulent week in the Senate ities in leading untutored presiding from which to observe the "greats and chambers as the members hotly debat- 30 D UK E LAW MAG A Z J N E

ed civil rights legislation. That was the in his office and then returned with it with George H.E. Smith. He subse­ only time during Riddick's tenure that to the Chamber to hand it to the vice­ quently published US. Congress the Senate took a roll call vote ques­ president just as the point of order was Organization and Procedure in 1949. tioning a procedural decision made by being made. "He didn't even have time That book brought Riddick recognition the presiding officer-a decision made to look at it," Riddick recalls. "He took as an expert in legislative proceedings. on Riddick's advice. it and read every word to the Senate Riddick was called to the Senate from the beginning-it was two type­ as the first editor of the Daily Digest, written pages-and then he said in a printed in back of the Congressional ringing voice, "That's the decision of Record, which he established and for the chair." which he created the format. Now As assistant parliamentarian Even an august body such as the considered indispensable, the Digest and then parliamentarian Senate has a human touch, accommo­ was authorized by the Legislative dating the personal needs of its mem­ Reorganization Act of 1946. It con­ under presidents from Harry bers. Riddick recalls that one year the tains the legislative program for the Truman to Jimmy Carter, Congress voted to reconvene its next day, as well as a list of committee meet­ Riddick had a unique van­ session in January later than usual, so ings and hearings, and includes a brief that Speaker Sam Rayburn could spend resume of Congressional business for tage point from which to his birthday with his family. But the the previous day. observe the "greats and ever-vigilant parliamentarian noted a Riddick's growing reputation fact forgotten by the legislators: It was resulted in an invitation from Charles would-be greats " who the year following a presidential elec­ Watkins, the first parliamentarian of moved through the Senate tion, and the proposed date to recon­ the U.S. Senate, to become his assistant. chambers, shaping national vene fell after January 6, when by law Riddick hesitated, as his heart was set electoral votes must be opened in joint on a political career. He took the job at and international policy. session of Congress and counted to the urging of friends and advisers who determine officially who is the next pointed out the enormous importance President of the United States. Riddick of such a position. While assistant par­ quickly called the White House and liamentarian, Riddick co-authored the advised them to veto the proposed leg­ first edition of the work that established The parliamentarian's main islation. his reputation as an authority on par­ assignment, Riddick says, is to advise Born in 1908 in Trotville, North liamentary procedure. Senate Procedure, the chair of what the situation is and Carolina, Riddick received his B.A. in published in 1958, compiled for the how he should rule. ''Always if I had political science from Duke in 1932. first time the opinions, precedents and time, I wrote out a ruling to give the He completed his Ph.D., also in politi­ practices developed since Senate rules chair on a point of order made or some cal science, at Duke in 1935. While were last codified in 1884. Riddick comment." An example of the implicit working on his master's thesis, Riddick since has assumed sole authorship of trust Riddick inspired is then-vice pres­ explored the tremendous influence ident Lyndon Johnson's response to a wielded by the collective decisions of point of order made during a contro­ three key members of the House of versial discussion on, "as I recall, a pro­ Representatives-the Speaker, the vision involving legislation to a general Rules Committee Chairman, and the appropriation bill which is not in order Majority Leader. From this initial under Rule XVI. I had been talking to insight into the role of Senate leader­ some senators and one indicated he ship in shaping policy, Riddick expand­ was going to make a point of order on ed his ideas in a paper on political and the issue under discussion. " Riddick parliamentary procedure in the House quickly advised Johnson of the situa­ that evolved into his first published tion, and the vice-president requested a work. Riddick authored his first book, written opinion. Riddick immediately Congressional Procedure in 1941 and dictated a detailed, two-page opinion later co-authored Congress in Action VOL U ME 11, NO. 1 3 1

the massive (1,600-page) volume. to augment the collection with addi­ from Dean Justin Miller on some of The latest edition was authorized in tional published works. his first published articles. 1985 by a joint resolution of the In 1991, the Riddicks made Despite his eighty-five years, Congress. another generous gift to the Law Riddick still is engaged in his love Riddick's most recent work is School, this time to the building pro­ affair with the Senate. He presides over Riddick's Rules ofProcedure , a general gram, and the Rare Books and Special Model Senates at Stetson University reference on parliamentary procedure Collection Room in the refurbished in Florida, Birmingham Southern in considered to be a definitive authority Law Library will bear their name. Alabama, and Goucher College in on the subject. The volume has been "The commitment of Marguerite and Baltimore, Maryland. "We run them adopted by such prestigious organiza­ Floyd Riddick is truly significant," just like the Senate as far as possible," tions as the international scientific says Dean Pamela Gann, "in that it is he says. "They have majority and organization Sigma Xi and the unusual that a donor will contribute a minority leaders, they appoint com­ Washington, D.C.-based Cosmos Club, rare collection, provide an endowment mittees, they file reports, they debate a select group of intellectuals from a for its maintenance and care, and also bills. The idea is to train students how variety of literary and scientific fields. donate the funds required for its per­ to be deliberate, how to speak effec­ In addition to the above works, manent location." tively, to be prepared on the legislative Riddick authored numerous books, issues they want to debate." pamphlets and articles on Congress. From the 76th Congress in 1939 to the 90th Congress in 1968 he wrote a series of annual articles summarizing It is perhaps the only collection in the country that includes each Congressional session. Those such a variety of senatorial voices over such a long period accounts appeared in the American of time, offering the researcher an excellent vantage point Political Science Review and the Western Political Quarterly. from which to examine the nature of the senatorial office. Over the years of his association Riddick continues to augment the collection with additional with the Senate, Riddick acquired a unique collection of senatorial materials, published works. including autographed books written by or about senators. Riddick has donated the collection, including such titles as Sam Ervin's Just a Country Lawyer, Riddick's interest in the Law Of the subsequent careers of Margaret Chase Smith's Declaration School stems from an early desire to Model Senate alumni Riddick says, ofConscience, J. William Fulbright's become a law professor. While persua­ "You'd be surprised how many are The Arrogance ofPower, and several sion from then-graduate dean and working on the Hill today" -evidence books by Richard M. Nixon '37, to political science professor R.S. Rankin that "the Senate's truly indispensable the Law School. He and his wife, convinced Riddick to go into political man," as Riddick once was known, Marguerite, also established an endow­ science, Riddick took courses in the continues his contribution to the ment fund to care for and preserve the Law School with the Class of 1937. workings of government. collection. Direcror of the Library He vividly recalls law professor Danner calls the collection "very useful Douglas Maggs' classroom manner. and unusual-we're very fortunate to "If you didn't have a clear-cut answer Deborah M. Norman have it." It is perhaps the only collec­ to a question, he'd bear down on you, tion in the country that includes such and you trembled. It gave you a mental a variety of senatorial voices over such attitude that you'd better be right and a long period of time, offering the you'd better be good." Riddick also researcher an excellent vantage point gratefully recalls editorial assistance from which to examine the nature of the senatorial office. Riddick continues 32 DUKE LA W MA GAZINE

Deborah A. DeMott

Thinking Globally About Corporate Law

uke Law Professor Deborah A. rate law around the world has led her would sell better if I called it Fiduciary DeMott lives close enough to to take a fresh view of some classic sub­ Opportunity instead of Fiduciary Dcampus to offer her home as jects. Behind such deceptively bland Obligation." She smiles puckishly. an emergency change of venue for an recent titles as Shareholder Derivative "Something like, Other People's Money interview, in case the construction din Actions (1987) and Fiduciary Obligation, and How to Get Rich." outside her office escalates. She has Agency and Partnership (1991) are ideas In a recent article on the RJR been on the Law School faculty nearly that have influenced contemporary Nabisco transaction ("The Biggest rwo decades and appears to be looking thinking about corporate law. Deal Ever," Duke Law Magazine, forward to the next rwo. But if these The work on fiduciary obligation Winter '90 at 12), DeMott analyzed facts suggest an untravelled life, they is DeMott's most recent. Written in the $25 billion RJR Nabisco transac­ mislead. DeMott is one of Duke's more the fading glow of the overheated '80s, tion in terms of the ideas expressed in peripatetic faculty members, having the book is a thoughtful analysis of the her fiduciary obligation book. In the taught in Toronto, Australia, Texas, narure of loyalty. "The timing was extra­ article she noted the startling changes Colorado and California during her ordinarily perfect," says Law School that in a few short years had changed Duke tenure. In the process she has Dean Pamela Gann. "While aspects the American financial landscape. acquired an international reputation as of this subject are very old, they have "Financially speaking, we have sailed a teacher and scholar. become common concerns in modern to Byzantium," she wrote, referencing commercial relationships. This book the line in T.S. Eliot's Sailing to A New Organizing Principle looks at historical matters such as loy­ Byzantium, "[tlhat is no country DeMott's exposure to different alty among persons and berween per­ for old men." ways of thinking and looking at corpo- sons and organizations in a modern In her analysis DeMott pointed business setting." out changes in financial practices "are DeMott became inter­ not confined to the denizens of finan­ ested in the book's subject cial insti tutions." Shareholders, credi­ as a Fulbright Scholar in tors, non-management employees, Australia in 1986. "I be­ the community in which the firm came intrigued by the idea operates-all are affected. She noted of the duty of loyalty. I had the recent evolution of Delaware law never thought about it be­ now holds directors of corporations fore as a central organizing accountable for affirmative duties, so principle. It may have been they are more like other types of fidu­ getting away from my ciaries, like trustees and guardians. immediate environs and In light of what DeMott terms reading some very different "this judicial invigoration of the direc­ material generated by a tor's role," her work on fiduciary obli­ very different legal system gation is especially relevant. Says Dean that made me think about Gann, "Her ability to have identified that." DeMott wryly admits this field and to have done something the idea that "people could about it promptly will be very impor­ have some duty to put the tant to the curriculum in law schools. interests of someone else It also has identified an area in which before their own interests" a lot of research needs to be done." ran counter to the prevail­ Has DeMott noted significant ing mores of the last decade. changes berween the '80s and the '90s "One of my colleagues sug- in terms of corporate attitudes about Deborah A. DeMott gested to me that the book the duty a corporation and its directors VOL U M E 11, N O. 1 33

owe to interested parties other than DeMott's most extensive inter­ cial operators, might be an explanation shareholders-such as creditors of a national work has been in Australia. for why there's an attempt there to reg­ corporation? "I don't see any big change In 1986 she was a Fulbright Senior ulate things more tightly." in that area evolving out of the '80s," Scholar at Sydney and Monash Univer­ What sparked her interest in she says. "It's an area of considerable sities, returning twice since then. She Australia? "I got interested in how other uncertainty. The American assumption taught last summer at Bond University countries regulated corporations and has been that it's simply a matter of in Queensland, and will return next corporate law, particularly in takeover contract between the corporation and year to teach at the University of transactions in the early '80s. The first the creditor, and that this duty of Melbourne. In comparing American one I worked on was Britain. Then I intense loyalty is really owed to share­ corporate law with that in Australia, became separately interested in other holders in the corporate setting. Because DeMott notes private corporations countries toward the mid '80s, particu­ some of the transactions in the '80s are of marginal importance to the larly Canada and Australia." She paus­ went dramatically amiss, this naturally Australian economy, with interesting es, then offers a glimpse of the sense of raised the question whether additionally consequences for securities regulation. fun with which she blows the dust off directors should consider creditors' in­ "Because private capital historically even the driest subject matter: "When terests and the level of risk they under­ has played a less significant role in the I was'a child-eight or so-I was given take. I see discomfort with aggressively Australian economy than it has here, a globe for Christmas, and I was fasci­ leveraged transactions that used a lot of private corporations don't matter as nated by it [Australia]. It was kind of debt to finance them." much," she says. down there all by itself, and it was an DeMott noted an Australian appealing shape." paradox in the '80s: the phenomenon DeMott has lectured widely in of private sector "buccaneers" operat­ recent years, a legacy of her Fulbright "She is someone recognized ing in a society which is fundamentally sojourn. "Part of the thought behind as having a true command economically conservative. "The fact the program is that Fulbright scholars that so much essential economic activi­ should travel widely in the country of corporate law in all the ty is conducted under government aus­ they're sent to. You're encouraged to Commonwealth countries. pices suggests a society overall that's accept invitations from institutions pretty averse to risk. On the other hand to visit them, and to give lectures. There are very few people, there are fringe elements, who truly in And I've continued in that mindset if any, who have that. " the '80s were like movie stars, with ever since." While in Australia, an intense public interest in their activ­ DeMott covered thousands of miles, ities, who were carrying on business in travelling to give papers at Australian very flamboyant ways." She recalls giv­ National University in Canberra and ing a talk on the coast of Queensland the University of Adelaide, and to Crossing Boundaries to a group that included securities gatherings in Perth and the coast of DeMott is esteemed for her inter­ lawyers and investment bankers. The Queensland. She also vacationed in national comparative work due to her site, she says, was a gambling casino: the outback, where she was photo­ residency and scholarship in Australia, "It was wonderfully appropriate for graphed on the back of one of the Canada and Britain. Says colleague the time!" country's herd of 40,000 camels, Robert Austin, former law department DeMott notes that Australian which are exportedto Saudi Arabia for head at Sydney University and now a corporate law is far more complex racing. In tribute to DeMott's eclectic partner in a major Sydney law firm, than U.S. law. In her office is a brace interests, her Australian colleague "In terms of comparative securities of volumes half a foot thick, encom­ Austin says, "I can say without fear of regulation she is one of the top four passing Australian corporate statutes. contradiction that she is the only scholars in the English-speaking world." The Delaware statute, which regulates American who has thoroughly mastered Columbia University law professor many U.S. companies, is a slender both Australian cop orate law and riding John Coffee says, "She is someone rec­ half-inch. "Much more is prohibited an Australian camel." ognized as having a true command of [in Australia]," she observes. "Less is corporate law in all the Common­ left to market controls. The fact that At Duke wealth countries. There are very few Australia seems to have cycles of severe Along with Professor James Cox, people, if any, who have that." recession followed by dramatic finan­ DeMott is largely responsible for teach­ cial expansion, with flamboyant finan- ing the Law School's business curricu- 34 D U K E L A ViI" MAG A Z I N E

lum. She is as esteemed a teacher as she is a nicer place in terms of the way it DeMott has just become a mem­ is a scholar, and received the University treats most people involved with it, ber of Duke's Coordinating Committee Scholar/Teacher of the Year Award in either as students or employees. The for Long-Range Planning, which she 1989. In her letter of nomination, fact that we're not in a major urban observes has resulted in "lots of long Dean Gann noted DeMott's versatility area, the fact the School is relatively documents to read." In the process, she as an instructor. DeMott teaches both small, the fact that the architecture says she has gained new perspective on in the Law School's first-year curricu­ of our present building doesn't segre­ the workings of the University as a whole lum and in advanced courses in busi­ gate the faculty and the students. Plus -the kind of perspective she consis­ ness, corporate and securities regulation. the fact that most of the faculty and tently seeks in her academic work, and She is known for her ability to stimu­ most of the students are in this build­ which has taken her around the globe. late intense interest in the subjects she ing all day. There is plenty of opportu­ teaches. Former student Alan Berman nity for casual interaction." Supreme Court Cite '83, who now teaches at the University DeMott says one of her favorite The high point of DeMott's ofWollongong Law School in Australia, classrooms is the somewhat cramped professional life to date, she says, came says DeMott's teaching inspired his one in which she teaches basic corpo­ in spring 1991. "The U.S. Supreme career choice. "She was the best profes­ rate law to 159 students. She finds the Court, in one of the last opinions writ­ sor I had in law school," he says, noting atmosphere more positive and friendly ten by Justice Marshall before he retired, she had "quite a following" in his class. than in large classrooms with more cited my book [Shareholder Derivative Berman confesses he doesn't have a lot spacious layouts on other campuses. Actiom}-cited it four times actually, of interest in corporate law, yet he Duke's special openness extends to in a short opinion! The position the found DeMott's class compelling: "I've the attitude of the library staff: "They Court came out with unanimously was kept my outline from Corporate Law have a service orientation, helping peo­ an argument that's in the book-an because I thought the information was ple get access to the collection. In some argument that I had presented earlier so valuable." other places the attitude is more cura­ in an article, so it was a gratifYing Mike Vernier '87 assisted DeMott torial, to try to protect the collection experience. " with the research that culminated in from its users," DeMott observes. The citations were noted in publication of Shareholder Derivative Kamen v. Kemper Financial Services, Actions. He now practices with Davis A Service Orientation Inc., III S.Ct. 1711 (1991), which Polk & Wardwell, a New York corpo­ DeMott is valued at Duke for her considered issues surrounding the re­ rate law firm with roots reaching back service both on-campus and off. She is quirement that a shareholder make a to 1849. His experience in practicing a member of North Carolina's General "precomplaint demand" on the direc­ corporate law has heightened his appre­ Statutes Commission, which is made tors of a corporation before initiating ciation for DeMott's acute perception up of appointees from state law schools, litigation against them. "The question of the business and economic realities the state bar and members of the legis­ was whether control over a derivative that underlie the practice of corporate lature. The Commission drafts statutes suit is simply a procedural artifact or law. Vernier also says her teaching pre­ at the direction of the legislature as well whether it goes more profoundly to ques­ pared him well for counseling clients as the public. She has worked on issues tions about power within the company. on business issues surrounding the law. as diverse as fine art prints, trusts, and I was always very strongly of the second "Many of our projects are new and dif­ adoption. "One thing I've learned from mind-that these are very substantive ferent," he says. "We're constantly pre­ being on the Commission is the diffi­ questions going ultimately to control sented with novel questions. They culty of drafting statutory language that over management accountability." require not only our ability to apply does not create more problems than it With her usual wry wit, DeMott law, but to flesh out for clients some solves," DeMott says. concludes, "Someone told me, after of the business issues raised by the On campus, DeMott has chaired reading about this, that even if I were structure of a transaction. That requires the Faculty Compensation Committee, to leave this world tomorrow, there it more than just knowing law. One of which recently considered the Univer­ would be, in the pages of US. Report~ the things [DeMott] brought to my law sity's conflict of interest policy for facul­ giving a sort of permanence to this school experience is an unusual amount ty members. "I think the Duke policy accomplishment." of that perspective." came out being considerably less intru­ DeMott's travels give her a unique sive in people's lives apart from Duke Deborah M Norman vantage point from which to evaluate than some other universities' policies Duke as an institution. "I think Duke [that she is aware of]," she says. VOL U ME 11. N O. 1 3 5

Executive's Guide to Marketing, Sales & Advertising Law * by David C. Hjelmftlt '65

arketing retail products An executive at a company con­ a prize should not be misrepresented, can be fraught with legal templating franchises could read the and the company must be sure that the M pitfalls. How does one avoid chapter entitled "Creating a Distribution contest is not really a lottery, which is antitrust problems; create a valid sys­ System" to learn how to set up a legal illegal). tem of franchises; keep from violating franchise system. After explaining what Although written for business product labeling statutes? While David a franchise is, and how the system is executives, the book contains items Hjelmfelt's new book, Executive's Guide regulated by the Federal Trade Com­ of interest to any consumer. In the to Marketing, Sales & Advertising Law mission, Hjelmfelt concludes with a chapter on trademarks I was intrigued is not a substitute for legal counsel, its table comparing franchises and compa­ to discover that the terms Murphy bed, purpose is to inform marketing man­ ny-owned outlets that will help the Bundt, and Rack O'Pork are now con­ agers and other executives about vari­ manager determine which system is sidered generic terms that cannot be ous issues so that they can remain on better suited to the company's needs. used as trademarks. (Unfortunately, the right side of the law. The book also covers advertising, we are not told what a Rack O 'Pork is.) Hjelmfelt '65 has previously writ­ product labeling, warranties, sales by While the information on intellectual ten a book on antitrust law, and he mail, and unfair practices not men­ property is necessarily sketchy, it will begins this book with an overview of tioned in the sections on antitrust. give a manager the basics necessary to the law on that subject. The various The reader can see exactly what infor­ avoid obvious problems. acts governing antitrust (the Sherman mation must be on the label of a new I particularly liked the layout of Act, the Clayton Act and the Robinson­ automobile; what a creditor must dis­ the book. Every chapter is divided into Patman Act) are briefly explained. Later close before opening an open-end con­ sections, most of them less than a page chapters integrate an explanation of sumer credit account; or the rules for in length. The bold lines and headings antitrust with specific types of questions. holding a contest as part of product dividing sections make the book easy One chapter, for example, address­ marketing (e.g., the odds of winning to read and to use as a quick reference es tie-in sales. Hjelmfelt begins by defin­ tool. Many sections contain "Key ing them and explaining how they can points" which summarize the law in harm competition. He then lists the that area in one or two sentences. requirements for a tying violation: that (" Key point: Age can be considered as there are two products involved (one part of an empirically designed credit example given is cemetery lots, grave rating system if it is soundly designed. markers and installation services), that Age can be used to favor a creditor." the availability of one product is condi­ (p. 176) There are also "Red Flags" tioned on the purchase of the other, scattered throughout the book. These that the seller has enough economic warn of possible legal problems. ("Red power to coerce the purchase of the Flag: Many state statutes regulate con­ second product, and that there is a sig­ tract renewal rights. This is especially nificant effect on interstate commerce. true with respect to franchise agree­ He also discusses monopoly leveraging, ments." (p. 279) Many of these red a situation closely related to tying flags advise that legal counsel be con­ arrangements. sulted before taking certain actions. This step-by-step approach, illus­ In writing this book, David trated by examples, helps to make the David Hjelmfelt is a sale practitioner and of coun­ Hjelmfelt has provided marketing subject clear to a reader unfamiliar with sel to the Washington, D.C. firm of Goldberg, managers with a useful source to con­ antitrust or with the law affecting mar­ Fieldman & Letham, and is an expert on antitrust sult when considering new ways to keting in general. The arrangement of litigation. He has counseled a large number of sell their products. the book also encourages its use when a business clients on the legal issues involved in marketing their products, and has written numer­ specific question or problem is encountered. ous articles on topics ranging from franchise con­ Reviewed by Janet Sinder, Head ofPublic 'Prentice Hall, 1990. tracts to the taxation of businesses. Services and Senior Lecturing Fellow 36 D UK E L A IV MAG A Z I LV E

The Cultural Revolution in Cuba * by Roger A. Reed 73

ger Reed's new book, The members of the official writers' union. taking over newspapers, closing down Cultural Revolution in Cuba, However, when he began to interview publishing houses, confiscating manu­ R is a fascinating look at the dissident intellectuals, he was subjected scripts, burning libraries, firing jour­ Cuban revolution from a new perspec­ to lengthy interrogation by the State nalists, imprisoning writers, and creating tive. Reed '73 argues that the revolution Security police. He was told by officials self-censorship on the part of artists is not just a political or economic revo­ that if he continued his investigation, and writers who fear the threat of offi­ lution, but, in fact, a cultural revolu­ he would be expelled from the country. cial retaliation. tion. Reed's insight into the revolution When he returned in 1991, he was comes from scholarly study, extensive intercepted by State Security police interviews with Cuban intellectuals at the airport, forbidden to enter the Castro 's stated goal is to and personal experience. He lists nearly country, and put on the next plane 100 artists and writers he interviewed back to Madrid. reform the thinking of the between 1987 and 1991. The interviews In The Cultural Revolution in Cuban people; therefore, he took place in Cuba, the United States Cuba, Reed argues that when Castro has attempted to control and in various cities across Europe. came to power in 1959, he undertook Reed visited Cuba three times more than just a political or economic and coordinate all means of between 1985 and 1991. In 1985, he revolution; his goal was to transform communication, including spent two weeks travelling throughout Cuban society itself and to create the Cuba. He returned in 1988 for twenty­ "New Man." Castro's "New Man" art, literature and journalism, five days during which time he con­ would no longer hold traditional to convey his revolutionary ducted interviews in Havana. He found values, but would instead be instilled message to the masses. that Cuban officials did not question with a revolutionary consciousness. his activities as long as he interviewed In order to create this "New Man," Castro would have to change the peo­ ple's cultural beliefs. Castro's plan for accomplishing this difficult task was Reed has divided the Cuban through the use of propaganda and revolution into five distinct stages: censorship. He sought to disseminate "The Romantic Revolution" (1959-61); propaganda in favor of the revolution, "The Phoney Truce" (1961-68); "The and censor all ideas and writings he Dark Age" (1968-76); "The Velvet considered counterrevolutionary. Prison" (1976-86); and "The Sinking Reed shows how widespread Ship" (1 986-present). Reed explains propaganda in Cuba has been since the how propaganda and censorship played early days of the revolution. Castro's a key role in the Cuban revolution at stated goal is to reform the thinking each of these five stages. Early in of the Cuban people; therefore, he has Castro's regime, in a speech, "Words attempted to control and coordinate to Intellectuals," Castro announced all means of communication, including the type of artistic and literary material art, literature and journalism, to convey that would be permitted in Cuba: his revolutionary message to the masses. "Within the revolution everything; Reed also takes a close look at against the revolution, nothing." This Roger A. Reed is ajournalist at the United Nations censorship in Cuba and the effect it remains Castro's philosophy to this in Geneva, Switzerland. He has previously been a deputy district attorney in Los Angeles, and was has had on intellectual life. Censorship day. In each chapter of the book, Reed publications director for the Council for Inter­ in Cuba goes far beyond what we think describes the intellectuals' reactions to American Security in Washington, D.C. of as censorship and has extended to government policies and how those oGeneva: Latin American Roundtable. 1991. VO L U ME 11. NO] 37

policies were enforced against artists GR""'''''''''. ,j.. . ._ ort lauderdale =:, 'l' and writers who attempted to speak . '- Mlam oil, wood "1 out against the revolution. . , tam, ~.ach '-. - Reed not only chronicles events CAP, $~." - ~ +-~ \r:f.\~ -~-~'~. £: )~ ~~------of censorship in Cuba, but also looks KeyWut Ol'-IQ ~ • ~ • +c;. •• '1\. .. , ""'" fL 't SO ANDROS to ... '?", • ~ :f at why censorship in Cuba exists. The Stfal ISLAND ' \..!'Q [}SAN 5AlVAOOR"" • '\ ~.IO" • A_ ' . ". QAIJoI CAY .-T., traditional explanation has been that ------__ • ___ • ______.. __ • __ ...... ___ ._. ~l~~ .. ------.. - Castro uses censorship to repress oppo­ sition or criticism, thus allowing him to remain in power. Reed argues that maintaining power is only part of Castro's reason for censoring so heavily. Castro wants more than just to remain in power; he wants to liberate the Cuban people and build a better soci­ ety where the "New Man" will prosper. UTnE CAYMAN Reed states that Castro will use every GRAHl CAn,w.,~getown C ,,'l ~~l available means to achieve his goal, including censorship.

stations, it has had complete control to practice the strict selfcensorship that By telling the stories of so over what information is disseminated they had been forced into in the past. to the Cuban people. Reed argues that the weakening of many Cuban intellectuals Reed concludes that recent events propaganda and censorship and the affected by censorship, in Cuba indicate the culrural revolution increasing alienation of intellectuals Reed shows that Castro 's is crumbling. He points to the increas­ signal the breakdown of Cuba's cultural ing alienation of the intellectuals who revolution. phrase "within the revolu­ remain in Cuba and the number of This book will undoubtedly tion, everything; outside the defectors in recent years. Moreover, stimulate interest in further srudy for propaganda and complete censorship many of those who read it. To assist revolution, nothing" is so are not as pervasive as they have been the reader, Reed has compiled an ex­ vague that the government in the past. Due to shortages of paper tensive bibliography of books and arti­ can suppress or forbid any­ and other raw materials in Cuba, it has cles, in English and Spanish, that will become virtually impossible to produce provide an excellent foundation for thing at will by simply the quantiry of propaganda that has further research. labelling it counterrevolu­ been produced in the past. Addition­ The Cultural Revolution in tionary. ally, many artists and writers are no Cuba provides a detailed account of longer willing to create the propaganda the life of Cuban intellectuals during in a time where it is impossible to argue the Castro regime not available else­ that the revolution has brought prosper­ where. This book will be interesting By telling the stories of so many iry and a better life to the Cuban peo­ and enlightening reading for anyone, Cuban intellectuals affected by censor­ ple. Reed writes that censorship has and is especially recommended for ship, Reed shows that Castro's phrase declined for two reasons. First, radio those interested in Cuba, censorship, "within the revolution, everything; and television broadcasts are being dir­ or human rights. outside the revolution, nothing" is so ected to Cuba from the United States, vague that the government can sup­ thus breaking up the government's press or forbid anything at will by sim­ longstanding monopoly on telecom­ Reviewed by Meg Collins, Reference ply labelling it counterrevolutionary. munications. Second, in recent years, Librarian and Lecturing Fellow Since the state owns all the newspapers, more artists and writers are declining publishing houses, television and radio 38 D C; K E L A If' ,H A G A Z I N E

Katharine T. Bartlett, Professor of Law, is spending the 1992-93 academic year at the National Humanities Center in Research Triangle Park. Her project, "Negotiating Tradition in Law, " is an exploration of the appropriate role for social tradition in defining liberty in­ terests protected by the United States Constitution, particularly those per­ taining to the family. Finding herself in the middle of the debate on "family values," Bartlett's approach challenges current Supreme Court formulations of tradition as a past which can be sim­ ply identified and retrieved for the pre­ sent, but she also rejects the claims that past traditions can, and should, be aban­ doned altogether. Instead, she views tradition as a complex, and inevitable, Donald Horowitz, left, receives the Bunche Pri ze from Peter Skerry at the American Political Science Association annual Meeting. negotiation between present and past, simultaneously discovered and created by those who are both constituted by book on the difficult problems of South Ocean Uses, which meets periodically the past and agents of its construction. Africa. It is flattering to be thought to to address issues relating to the law In the law, this means both taking have made progress." Internationally of the sea. He also served as a member seriously practices and values inherit­ known for his work on ethnic conflict, of the Naval War College Advisory ed from the past, and taking responsi­ Horowitz has traveled to such coun­ Committee on military operational law. bility for those practices and values we tries as Romania, Malaysia and South Neil Vidmar, Professor of chose to make our own. Africa to study the causes of ethnic Social Science and Law, received the Donald l. Horowitz, Charles S. conflict and look for possible solutions. Perry Nichols Distinguished Scholar Murphy Professor of Law and Professor H.B. Robertson, Professor of Law Fellowship/Grant for the summer of Political Science, has been awarded Emeritus, spent the 1991-92 academic of 1992 from the National College this year's Ralph J. Bunche Prize by the year as the Charles H. Stockton of Advocacy (the educational branch American Political Science Association Professor ofInternational Law at the of the Association of Trial Lawyers (APSA). Named for the African­ United States Naval War College in of America). The Nichols Fellowship's American political scientist, U.N. Newport, Rhode Island. In addition to goal in 1992 was to support research Undersecretary and Nobel Laureate, teaching a course in National Security exploring the relationships between the Bunche Prize is awarded for the Law, Professor Robertson moderated medical malpractice litigation and the best book in the field of ethnic and seminars on the law of the sea and the "health care crisis" in America. cultural pluralism. Horowitz won the law of armed conflict in the four resi­ Professor Vidmar's fellowship/ prize for A Democratic South Africa? dent courses at the Naval War College. grant resulted in the publication of Constitutional Engineering in a Divided These resident courses include junior "The Unfair Criticism of Medical Society, published by the University of and senior officers from all of the Malpractice Juries," 76 Judicature 1 California Press. United States armed forces as well as (1992), and two other forthcoming "I am particularly pleased to specially selected officers from over arricles, one examining research bear­ receive a prize named for Ralph Bunche twenty foreign navies. ing on the "deep pockets" hypothesis because I have great respect for his Professor Robertson continues and one comparing the decisions of achievements," Horowitz said. "I am to serve as a member of the Council jurors with experienced legal profes­ also pleased to receive a prize for a of Ocean Law's Panel on the Law of sionals. VOL U !It E 11, N O. 1 39

John Hope Franklin Retires

ohn Hope Franklin, professor of legal history, retired from teaching at the Law School at the end of the J1991-92 academic year. Franklin, who is also James B. Duke professor emeritus of history, had co-taught with Walter Dellinger and William Leuchtenburg the popular course on Constitutional History since 1985. During a distinguished career covering nearly six decades, Franklin has taught at many universities, includ­ ing Fisk, Chicago, Harvard, Stanford and Duke. He served as president of the Southern Historical Association, president of the Organization of American Historians, president of the American Historical Association, and president of the American Studies Association. He has held many acclaim­ ed fellowships and received dozens of Joh n Hope Franklin (center) is fl anked by his colleagues William Leuchten burg (left) and Wa lter Dellinger. awards and honors, including ninety­ five honorary degrees. He has pub­ lished eleven books and edited eight more, and written nearly 100 articles. Public Library, of the Orchestral School. But this ends only one aspect However, as noted by his colleague Association of Chicago, of the National of his participation in our community, William Leuchtenburg who holds the Humanities Center, of the National for I know that he, as a true scholar Kenan chair in history at the University Council on the Humanities, even of and colleague, will always join us on of North Carolina at Chapel Hill, "for Illinois Bell Telephone. And he is such a many occasions." In concluding the all his immense industry as a teacher well-regarded orchid grower that there is celebratory evening, Dean Gann pre­ and a scholar, John Hope has not been an orchid that has been named for him!" sented Professor Franklin with two content with the cloistered world of Professor Franklin's retirement potted orchids "as a small statement study. He played an instrumental advi­ was celebrated by the Law School of our gratitude for your splendid soty role with NAACP attorneys in faculty during their annual dinner in participation in our community." preparing the brief in Brown v. Board September. As noted by Dean Pamela [ofEducation}, served on the Presidential Gann, "John Hope has been formally Advisory Board on Ambassadorial retired for several years, but he has Appointments and the U.S. Advisory been far from retiring. He has contin­ Commission on Public Diplomacy in ued to teach, lecture, write and pub­ the Carter years, was chairman of the lish .... We reluctantly accept his deci­ Board of Trustees of Fisk, a member of sion to retire from teaching at the Law the board of the Museum of Science and Industry in Chicago, of the Chicago 40 D UK E LAW MAC A Z I ,\ E SPECIALLY NOTED

Lowndes Receives Dean's Alumni Achievement Award

Achievement Award. Such an award is not likely to be made every year. The very infrequency of the award is to indicate that it is to be made in special cases." This award was presented to Lowndes for his leadership of the Law School's component of the Campaign for Duke. Duke University began the most ambitious fund-raising effort in its history on July 1,1988. With a goal of $400 million for all purposes, The Campaign for Duke surpassed its objectives by raising pledges totalling $564.8 million at its conclusion in December 1991. The Law School par­ ticipated in this three and one-half year Campaign, with a fund-raising effort Dean Pamela Gann presents the Dean's Alumni Achievement Award to John F. Lowndes '58. of unprecedented scope. At the con­ clusion of The Campaign, over 4,000 donors had provided $17.1 million in During the 1992 Law Alumni physically return again to Duke's total pledges and gifts to the Law Weekend, Dean Pamela Gann presented splendid campus." School, exceeding The Campaign goal the first Dean's Alumni Achievement "It is also important that alumni, of $12.5 million by thirty-seven per­ Award to John F. Lowndes '58. To in turn, care for their alma mater. This cent. The tangible results of this commemorate the award, she presented is especially true for private higher edu­ Campaign were celebrated at the Lowndes with a Steuben crystal sculp­ cation, because academic institutions goundbreaking ceremony at Law ture containing a replica of the Duke like Duke University will not be able Alumni Weekend. University Chapel, the architectural to continue to be among the very best According to Dean Gann, "John feature that alumni most recall about institutions in the country and the Lowndes provided the alumni leader­ Duke University. world without alumni lifetime com­ ship for the Law School's Campaign. In presenting the award for the mitments to provide services and gifts He traveled with me on many occa­ first time, Dean Gann described the to the private universities they attend." sions to call upon other alumni to sup­ special relationship between alumni "Thus, I believe that there is a port the Campaign. He also came to and their university. "You, our gradu­ special dual relationship between the the Law School and worked with ates, must be the sons and daughters dean of a school of Duke University, Professor Melvin Shimm for gifts of your alma mater, Duke University .... who has special duties toward alumni, from the Law School faculty and oth­ I submit that you can never get away and the school's alumni, on the other ers in the local community. During from us. For it must be as John Henry hand, who also have a special relation­ the Campaign, John and his wife, Rita, Newman wrote in The Idea ofa ship with, and duties toward, their established the Charles Lucian Baker University, that the University is where alma mater. Occasionally, the actions Lowndes Professorship of Law, which 'a habit of mind is formed which lasts of alumni fulfill this special relation­ is named for John's father, one of the through life, the University is Alma ship that I have just described in an earliest James B. Duke Professors at Mater for life,' for we will be with you extraordinary fashion. When that Duke University. Many alumni fondly perpetually in mind and spirit even happens, the dean of the Law School remember their tax classes with though many years pass before you will present a special Dean's Alumni Professor Lowndes." \' 0 L U M E 11, /\' O. 1 41

Dukes Award Goes To Palmer

"Chairing the Campaign was not John's first service to the Law School. He has also been an active member of the Law School's Board of Visitors, and he is now a Life Time Member of the Board. He has been the president of the Duke Law School Local Alumni Association in Orlando, Florida, and he and his wife, Rita, who is also a lawyer, have graciously managed local alumni events, and welcomed me and other fac­ ulty to Orlando and to their home." "John is also one of the founding partners of his law firm in Orlando. He has pursued with vigor Duke gradu­ ates, and the firm has many lawyers who hold at least one degree from Duke. Dara DeHaven '80, president of the Law Alumni Association , presented the Charles A. Dukes Award to I think it would be fair to say that John Richard A. Palmer '66. would almost always hire a Duke grad­ uate in preference to other law school's During Law Alumni Weekend ate past president). This commitmenr graduates if he could just find enough ceremonies, Richard A. Palmer '66, extended his service on the Council for of them from each class at Duke." immediate past presidenr of the Law several years. While vice-presidenr he "John has also served on many Alumni Association, received the chaired the two standing committees, boards and is a civic leader of his com­ University's Charles A. Dukes Award Awards and Nominations; chaired an munity. He has provided the type of as determined by the Awards and ad hoc committee to consider the Law local leadership that law schools have Recognition Committee of the Board Alumni Association dues structure; always expected of their graduates, to of Directors of the Duke University and served as a member of the ad hoc be persons who seek out active partici­ General Alumni Association. The award Educational Programs Committee. pation in public life." is named for the late Charles A. Dukes, He also served as a member of the "John is a superb example of a 1929 graduate of Duke University Class of 1966 Reunion Fund Raising what the Law School expects its gradu­ and former director of alumni affairs, Committee. In addition, Palmer served ares to achieve in the legal profession and is given annually to alumni who for several years as a senior partner for and in providing service and support to have gone "above and beyond" the call the Commercial Practice Clinical rheir community and to the University. of duty in volunteer leadership roles. Seminar in which role he returned to [He is] an outstanding son of his alma Dara L. DeHaven '80, presidenr of the School once each semester to coun­ mater, Duke University." the Law Alumni Association presented sel studenrs on their legal research and In accepting the award, Lowndes Palmer with a plaque commemorating writing projects. Upon receiving the professed to be quite "overcome." He the award. Palmer was nominated by award, Palmer expressed his apprecia­ acknowledged that he had been involved the Law School to receive the award for tion for the recognition but stated that in the Law School for a long time. It his service to the Law School and the he had considered it a "privilege to work was his feeling, he said, that he owed Law Alumni Association. with the Council." He found that the "a great deal to the Law School" and he During his second term on the increased conract with alumni, stu­ had always been "proud to pay it back." Law Alumni Council, Palmer agreed to denrs, faculty, and administration of He assured the assembled alumni that rotate through the officer roles (serving the School had made him even more he had always felt that he "benefitted as secretary/treasurer, vice-president/ proud of Duke Law School. more from the relationship with Duke presidenr-e1ect, president and immedi- Law School than I have given." 42 D eKE L A tV MAG A Z 1 /\ E

John H. Adams Receives Murphy Award

ohn H. Adams '62 received the 1962, Adams was in private practice in influence on and monitoring of the eighth annual Charles S. Murphy New York for several years before United States environmental laws have j Award during the Law Alumni becoming the assistant U.S. attorney earned it the title, "The Shadow EPA." Association meeting at Alumni for the Southern District of New York. The NRDC has helped to pass Weekend on September 19,1992. In 1970, he helped establish the Natural nearly all of the environmental laws in Dara L. DeHaven '80, president of Resources Defense Council (NRDC). the United States, including the Clean the Law Alumni Association, presented The NRDC was launched by the Air Act, The Clean Water Act and the Adams with a set of etched crystal Ford Foundation and a group of New Toxic Substances Control Act. It works bookends to commemorate the award York lawyers with shared ambitions to to increase the public's understanding and expressed to him the pride the set up a public-interest environmental of environmental issues through a num­ entire Law School community feels law firm. A non-profit membership ber of programs including sponsorship for his accomplishments and his organization dedicated to protecting of a nationwide toll-free information public service. natural resources and improving the phone line on toxic substances. It brings The Murphy Award is presented quality of the human environment lawsuits that may set widely applicable annually by the Law School Alumni through its staff of lawyers and scien­ precedents or may preserve natural Association to an alumnus of the tists, the NRDC has grown from a resources. Research projects are con­ School who, through public service handful of supporters to over 95 ,000 ducted and federal departments and or dedication to education, has shown supporting members and now has regulatory agencies concerned with the a devotion to the common welfare, several offices throughout the United environment are monitored on a regu­ reflecting ideals exemplified in the life States. It has a staff of 125 and a bud­ lar basis. The NRDC also negotiates and career of Charles S. Murphy. get of over $15 million and supports with government and industry officials Murphy was a 1931 graduate of Duke several publications. The organization's regarding the drafting and interpreta- University. He graduated from Duke Law School in 1934 and received an honorary LL.D. from Duke in 1967. A native North Carolinian, Murphy died in 1983. During his career, he held several positions in the Truman, Kennedy, and Johnson administrations including serving as administrative assistant and special counsel to President Truman, Undersecretary of Agriculture under President Kennedy and counselor to President Johnson. He also served as a member of the Law School's Board of Visitors and on the Duke University Board of Trustees. The Awards Committee of the Law Alumni Council endorsed Adams, who is co-founder and executive direc­ tor of the Natural Resources Defense Council, as the 1992 recipient because of his leadership in the field of envi­ ronmental protection. Following his John H. Adams '62 received the Charles S. Murphy Award from Dara L. DeHaven '80, president of the graduation from Duke Law School in Law Alumni Association . VOL U ME 11, NO. 1 43

Classroom Named in Honor of Carl Horn, Jr. '47 tion of environmental laws and regula­ Duke University and the Law tions. AI> Tom Stoel '37, a member of School honored Carl Horn, Jr. T'41 the NRDC Board of Trustees since 1.;47 with rhe naming of Classroom 1981, notes, "Under John's direction, 104 at a dinner party celebrating rhe the NRDC. .. has achieved a remarkable Law School's successful completion of reputation wirh courtS, legislatures and the Campaign for Duke. The dinner executive agencies for the quality of its was held at rhe Charlotte, Norrh work and rhe integrity wirh which it Carolina home of Nancy Russell Shaw presents its views." T'70 L'73 and Dale Shaw T'69 M'73, Adams' public service also extends on November 4. to many orher professional and com­ At the dinner, Dean Pamela Gann munity associations. Since 1979 he noted that "the naming of Classroom has served as president of rhe Open 104 as rhe Carl Horn, Jr., Classroom Space Institute. He is on the Board of provides rhe University and rhe Law Directors for the Catskill Center for School with an excellent opportunity Conservation, the Hudson River to memorialize in rhe Law School Foundation of Science and Environ­ building our historical ties to rhe Duke mental Research, rhe World Resources family and Duke Power Company Institute, the Winston Foundation for through rhe leadership provided by our World Peace, rhe Institute for Resource alumni Carl Horn, Jr., William B. Carl Horn '47 receives plaque from Dean Pamela Gann '73. Management, rhe League of Conservation McGuire L'33 and William H. Grigg Voters, the New York Lawyers Alliance T'54 L'58. 100 is anticipated, rhe Horn Classroom for Nuclear Arms Control and rhe She continued, "In Article Seven will be rhe location for major speaker American Conservation AI>sociation. of rhe Duke Indenture, which created events and special alumni presenta­ He is also a member of rhe Governor's Duke University, James B. Duke tions. This room will, rherefore, be rhe [New York] Environmental Advisory directed the Trustees that 'courses at scene of some of rhe most memorable Board. Adams also serves rhe Law School rhis institution be arranged, first, wirh events in rhe life of the Law School as a member of rhe Board of Visitors. special reference to rhe training of community. " In accepting rhe award, Adams preachers, teachers, lawyers and physi­ Several Duke Law School gradu­ expressed his particular pleasure in cians, because rhese are most in the ates have held leadership positions in receiving an award from his Law Schoo!. public eye, and by precept and example the Duke Power Company. William He also noted that his service on rhe can do most to uplift mankind... .' McGuire served as president of and Board of Visitors had made him aware The Carl Horn, Jr., Classroom will consultant to Duke Power Company of the School's efforts to impress upon serve as an excellent reminder of the from 1959 to 1974. Carl Horn was students the importance of public ser­ vision of Mr. Duke and rhe leadership president and chief executive officer of vice. He praised the voluntary pro bono of Mr. Horn in a major industry and as the Company from 1971 to 1976, and project for students, the loan forgive­ a public spirited citizen of Charlotte. chairman of rhe board and chief execu­ ness program for graduates taking pub­ The Carl Horn, Jr., Classroom, which tive officer from 1976 to 1982. William lic interest positions and rhe environ­ seats 100 students, will be used to Grigg is vice chairman of the Duke mental law clinic as examples of rhis teach first-year courses and upperclass Power Company board. The Carl effort that "uplift rhe Law School and courses such as corporations, basic fed­ Horn, Jr., Classroom was made possi­ make us all proud." eral income taxation, evidence, admin­ ble rhrough a gift of rhe Duke Power istrative law, and intellectual property Foundation for rhe Law School's law. Additionally, when an audience of Endowment Fund for Excellence. 44 D U K E LAW MAG A Z I f',' E

Klaber To Be Law Alumni Association President

During the Law Alumni Associa­ Reunion Fund Raising Committee. He received the University's Charles A. tion meeting on September 19, 1992, She is now serving a two year term as Dukes Award in 1991 for his alumni Dara L. DeHaven '80 passed the presi­ the Law School representative to the service to the Law School. dency of the Law Alumni Association Duke Alumni Association Board of Klaber introduced the other (LAA) to David G. Klaber '69. Klaber Directors. LAA officers: Haley G. Fromholz '67, thanked DeHaven for her service to Klaber is a partner at Kirkpatrick vice-president/president-elect; Valerie the Association and the Law School & Lockhart in Pittsburgh, Pennsylvania. T. Broadie '79, secretary/treasurer; and which he characterized as "filled with He joined the Law Alumni Council in Richard A. (Chip) Palmer '66, imme­ enthusiasm and boundless energy." He 1989-90. He has chaired both standing diate past president. presented her with a Waterford gavel committees of the Council (Awards Klaber noted that his service to and engraved stand to commemorate and Nominations), as well as an ad hoc the Law School has intensified his feel­ her service as the 1991-92 president. committee on Communications and ing that Duke Law School is "unique." DeHaven recently joined the firm currently serves on the Education He urged other alumni to continue to of Ogletree, Deakins, Nash, Smoak & Committee which will explore and be involved with the Law School as Stewart in Atlanta, Georgia as a part­ recommend faculty programming for much as possible whether it be through ner. She has served on the Law Alumni Law Alumni Weekend as well as local alumni associations or by return­ Council since 1987, chairing both reviewing student/alumni program­ ing for reunions and for other alumni standing committees (Awards and ming. Klaber also helped organize the programs at the Law School. Nominations) in 1990-91. Also in that Pittsburgh local alumni association in Klaber expressed his pleasure year, she served on the class of 1980 1987 and served as its first president. in watching the activities of the Law Alumni Association grow rapidly over the last few years and in the fact that it is now not only serving the alumni but also the students and the Law School. For example, alumni/student programs such as the Career Conference and Alumni Seminars help provide career counseling and insights into the practi­ calities of law practice. After again urg­ ing that all alumni stay involved with the Law School, Klaber dismissed the group to attend the Groundbreaking Ceremony for the Law School building addition and to celebrate "a wonderful day in the life of the Law School."

During Law Alumni Weekend, Dara L. DeHaven '80 (far left) passed the presidency of the Law Alumni Association to David G. Klaber '69 (far right). Also pictured are, from left, Richard A. Palmer '66, immediate past president; Haley G. Fromholz '67, vice-presidenVpresident elect; and Valerie T. Broadie 79, secretary-treasurer. VOL U M E 11, NO. J 45

Alumni Seminar on Career Lifestyles

The Law Alumni Association This panel of alumni provided Ra lph B. Everett '76 is a partner and continues to sponsor alumni seminars information to the students on the vice chair of the Washington office of which addresses timely topics regarding lifestyles that different types of careers the international firm of Paul, Hastings, the legal community through alumni offer. They discussed their current Janofsky & Walker, where he heads panel discussions. On September 17, careers, including any significant the firm's legislative practice group. A a panel of alumni discussed career life­ changes made to the career path, twelve-year veteran of Capitol Hill, styles. This topic was chosen in accor­ describing the balances they have Everett served as chief counsel and staff dance with the decision by the Law achieved within their professional lives director of the U.S. Senate Committee Alumni Council that the focus of the considering the time they devote to on Commerce, Science and Transporta­ seminars in the immediate future should client development, management and tion. Prior to holding that position, he be career counseling. Student response other professional commitments. They was the Committee's minority counsel to the alumni seminars has been very also described how they have balanced and staff director and was legislative positive. Students feel that alumni can their professional and personal lives. and special assistant to Senator Ernest present information about careers by Members of the panel included F. Hollings. Donna C. Gregg '74 special­ drawing upon their own experience alumni in a variety of positions who izes in communications and copyright that might not be readily available were able to discuss diverse career life­ law. Immediately following graduation, through the Office of Career Planning styles. John M. Conley '77 is a profes­ she spent a year at the Federal Commu­ & Placement. Videotapes of alumni­ sor oflaw at the University of North nications Commission before entering student programs sponsored by the Carolina at Chapel Hill and holds private practice. She is currently a Law Alumni Association are made an adjunct appointment in Duke's parmer at Wiley, Rein & Fielding in available to students by the Office of Department of Cultural Anthropology. Washington, D.C. Vincent L. Sgrosso Career Planning & Placement and the Before joining the UNC faculty he '62 is vice president and general coun­ Law Library. was in private practice as a litigator. sel with the BellSouth Advertising Corporation in Atlanta, Georgia. He has been with BellSouth Corporation since 1968. Before that he was in pri­ vate practice. Dara L. DeHaven '80 , president of the Law Alumni Asso­ ciation, served as moderator of the panel. She has been in private practice in Atlanta since her graduation. This year she joined the firm of Ogletree, Deakins, Nash, Smoak & Stewart, as a partner specializing in labor, employ­ ment law and litigation. The Law Alumni Council hopes ro continue to sponsor two Alumni Seminars during each academic year. At its spring meeting in February the Council will determine the topic for the next scheduled seminar to be held on April 15, 1993 in conjunction with the Barristers/Board of Visitors Weekend. Ralph Everett '76 talks with students fol lowing th eA lumn i Seminar. 46 D [J K E LAW MAG A Z J N E

Professional News

'36 Edward Rubin remains of counsel to the firm of Mitchell, Carmon J. Stuart '38 has been Silberberg & Knupp in Los Angeles, named the 20th recipient of the Judge California. John J. Parker Memorial Award, the highest honor bestowed by the North '37 David H. Henderson, of Carolina Bar Association. Judge Parker Charlotte, North Carolina, died in 1958 after fifty years as a has completed the third of a trilogy of member of the bar including thirry­ outdoor essays and fiction. He regular­ two years as a judge of the United ly contributes to national outdoor States Court of Appeals. The award, magazines, and is the book editor for which is not given every year, honors Pointing Dog Journal. His newest book the memory of Judge Parker, encour­ was published in August by Winchester. ages the emulation of his "deep devo­ '38 Horace l. Bomar continues tion and enduring contribution" to to practice business and pro­ the law and to the administration of bate law in Spartanburg, South Carolina. justice, and recognizes conspicuous service by others in the cause of Matthew S. Rae, Jr. has been ,/.'7 jurisprudence in the state of North Lf appointed by the National Carolina. Conference of Commissioners on Since retiring in 1983 after twelve Uniform State Laws to chair the years as the clerk for the United States Drafting Committee for Revision District Court for North Carolina's arbitration program in 1985 and has of the Uniform Principal and Income Middle District in Greensboro, Stuart since chaired the commirree which has Act. He is also a member of the has been active in the development of seen that effort through to fruition. Drafting Committee for a Uniform court-ordered arbitration, especially "He has made major contribu­ Defamation Act. with the North Carolina Bar Associa­ tions," said Greensboro attorney '48 John M. Turner has retired as a tion's pilot project and as vice presi­ L. Richardson Preyer. "He has brought circuit judge in Dade Counry, dent of Duke's Private Adj udication about the most important innovations Florida, after serving for thirry-three Center. He served on the North in North Carolina since Spencer Bell's." years. He has returned to the practice Carolina Bar Association task force Bell, from Charlotte, was the first win­ of law in Miami. that recommended the state pilot ner of the Parker Award back in 1959. '51 Arnold B. McKinnon retired on September 1 as chairman and chief executive officer of Norfolk David H. Allard has been Gary S. Stein has been confirmed to Southern Company in Norfolk, '56 appointed by Secretary of a tenured seat on the New Jersey Virginia. He had worked with Norfolk Health & Human Services Louis Supreme Court, permitting him to Southern, and its predecessor compa­ Sullivan as regional chief administra­ serve until mandatory retirement at ny, Southern Railway Systems, for tive law judge for Region I in Boston, age sevenry. He began service on the over four decades. Massachusetts. court in January 1985. Charles E. Villanueva, a New Jersey state superior court judge in Newark since 1979, has been appointed a state appeals court judge by the New Jersey Supreme Court effective September 1, 1992. VOL L' ,~f E 11, A O. 1 47

'59 Frank H. Abernathy , Jr., presi- '65 Donald B. Gardiner has James R. Fox, a director of the Winston­ dent of Abernathy & Co. in joined Banc One Capital Salem, North Carolina firm of Bell, Richmond, Virginia, served as national Corporation in Columbus, Ohio as Davis & Pitt, has been appointed to president of the Phi Delta Theta frater­ an investment banker in the corporate serve as a voting advisory member on nity for 1992. finance and venture capital areas. the Ethics Committee of the North Carolina State Bar. '62 Gary C. Furin was commis- David C. Hjelmfelt was invited to teach U sioned as an admiral in the international trade law for the second Laurent R. Hourcle has retired as a Texas Navy by Governor Ann Richards year at the Institute for International colonel in the United States Air Force, in June. He is a sole practitioner in Trade in Kiev, Ukraine last October. and has accepted an appointment as Atlanta, Georgia, where he specializes in He co-authored with Channing D. associate professor of law at George immigration law. Strother, Jr. an article, Antitrust Washington University, working with Damages for Consumer Welfare Loss, graduate law students in environ men­ Lucius H. Harvin , III , chairman of the 39 CLEVELAND STATE L. REv. 505 (1992). tal law. board of Rose's Stores, Inc., headquar­ See the review of his book, Executive's tered in Henderson, North Carolina, David W. Hardee announces Guide to Marketing, Sales & Advertising '72 has been selected to the Discount Hall the formation of Hardee Law at page 35. of Fame. He was the sixteenth person Capital Parrners, L.P., an investment inducted into the Hall, joining other William H. Lear has been appointed by partnership in Pacific Palisades, well-known retailers such as Sam the U.S. House of Representatives to California. the National Commission on Manu­ Walton and Harry Cunningham. Richard O. Pullen has founded a new factured Housing. '64 Charles E. Burgin has become communications company, Commu­ president-elect of the North '67 Norman G. Cooper, retired nication Innovations, Inc., in New Carolina Bar Association. He is a trial '/ colonel in the United States Rochelle, New York. Army, is special assistant to the general lawyer with the firm of Dameron and John S. Black has been elected counsel of the Department of Veteran '73 Burgin in Marion. president of the 20,000- Affairs in Washington, D.C. He is a past presi­ lawyer Missouri dent of both the Robert E. Sheahan recently published Bar. He is a part­ McDowell County a book entitled Personnel and Employ­ ner at the Kansas Bar Association ment Law in North Carolina. City firm of and the 29th Lynn E. Wagner has formed Swanson, Midgley, Judicial District '68 the Orlando, Florida litigation Gangwere, Clarke Bar, and has firm of Cabaniss, Burk & Wagner, with & Kitchin, where served on the an emphasis on products liability, toxic he practices in N.C. Bar Associ- Charles E. Burg in '64 substances, environmental, construc­ the areas of busi- ation's Board of tion, equal employment and commer­ ness law, sports John S. Black '73 Governors. ciallitigation. law and civil liti- John D. Leech , a partner with the gation. Kathleen M. Mills has been Cleveland, Ohio firm of Calfee, Halter 'La Eugene A. RiHi is a partner in the Boise, 0.7 appointed assistant general & Griswold, has been elected ro a Idaho office of Hawley Troxell Ennis counsel of Bethlehem Steel Corporation three-year term to the national Board & Hawley. He is chair of the firm's liti­ in Bethlehem, Pennsylvania. of Trustees of the American Hospital gation department, and his practice Association. He also chairs the health '71 Michael W. Conlon has been emphasizes commercial litigation and care practice section of his firm. named partner in charge of the representation of utility companies Robert K. Montgomery, a senior partner the Washington, D.C. office of in property tax valuation disputes in in the Los Angeles, California office of Fulbright & Jaworski. the northwestern states. Gibson, Dunn & Crutcher, has been elected to the Board of Directors of Rose's Stores, Inc. of Henderson, North Carolina. 48 D eKE L A U'1 Jl A C A Z J 1\; E

Roy R. Robertson , Jr. is a partner D. Ward Kallstrom has been named Pamela A. Peters has been elected to a at Eichhorn, Eichhorn & Link in chair of the ABA Joint Committee on second term as a commissioner in the Hammond, Indiana. Employee Benefits for 1992-93, and City of Winter Park, Florida. Her spe­ management co-chair of the ABA cial interests include redevelopment James R. Eller, Jr. has joined '74 Labor & Employment Law Section and rehabilitation of economically Glenfed, Inc., in Glendale, Employee Benefits Committee. He was blighted areas and environmental con­ California as corporate secretary, and senior editor of EmpLoyee Benefits Law cerns such as lakes and storm water has been named corporate counsel and (BNA, 1991 and 1989-91 supps.). management and solid waste manage­ secretary of its principal subsidiary, ment. Glendale Federal Bank. '78 Dwight M. Doskey continues L. Lynn Hogue has been promoted to / I to practice criminal law pri- '79 Diane Rowley Toop is a visiting lieutenant colonel in the U.S. Army vately and as head of the Appellate professor at the University of Reserves and is an instructor at the Division of the Public Defender's Louisville School of Law for the 1992- Law Department of the U.S. Military Office in New Orleans, Louisiana. 93 academic year. Academy at West Point. John Hasnas is now an assistant profes­ '80 Celeste Norris Mitchel is now sor at Georgetown University's School Nathan C. Goldman has au- practicing at Bogle & Gates in '75 of Business Administration. thored his third book, Space Seattle, Washington. Policy: An Introduction, Iowa State James T.R. Jones was recently granted Michael S. Thwaites is a partner in the University Press, 1992. tenure at the University of Louisville Greenville, South Carolina office of School of Law. Ogletree, Deakins, Nash, Smoak & John R. Flavin is president of '7.6 H. Michael Keller has been recognized Stewart. / 1 Grosvenor International, an as the "Natural Resource Lawyer of international real estate and asset man­ R. Scott Toop has been relocated to the Year" by the Energy, Natural agement firm based in Washington, D. C Louisville, Kentucky by his employer, Resources, and Environmental Law Pepsico, to be division counsel of its Lewis E. Melahn is director of the Section of the Utah State Bar. He prac- . . KFC subsidiary. Department of Insurance for the t1ces envJ[onmen- State of Missouri. tal law with the '81 Leslie K. Thiele has become Eugene M. Schwartz is a senior attorney Salt Lake City of counsel to the firm of with the Office of Thrift Supervision, firm of Van Cott, Whiteman, Osterman & Hanna in U.S. Treasury Department, in Jersey Bagley, Cornwall Albany, New York. City, New Jersey. & McCarthy, and '8'" Stanley P. Barringer, Jr. Daniel Van Horn is now an assistant was honored for ~ now works for Bristol-Myers United States attorney for the District his "tireless con­ Squibb Co. in Evansville, Indiana. of Columbia. tributions to the Ruth Dukelow , a library establishment H. Michael Keller ' 78 profession and specialist at the Library of Michigan '77 Michael A. Ellis, a principal the community." with the firm of Kahn, in Lansing, has authored The Library Kleinman, Yanowitz & Arnson in Linda A. Malone has been named Copyright Guide, published by the Cleveland, Ohio, was a moderator at the Marshall-Wythe School of Law Association for Educational Commu­ the Department of Commerce's 1992 Foundation Chair in recognition of nications and Technology (Washington, Ohio Securities Conference in her outstanding contributions to the D.C., 1992). November. He moderated the panel Marshall-Wythe School of Law at the James B. Hawkins has been named called "Small Business Initiatives­ College of William & Mary. She teach­ general attorney for BellSouth SEC Proposals," and specifically dis­ es environmental and international Enterprises, Inc. in Atlanta, Georgia. cussed "Regulation A and Intrastate law, and is the first female professor He also continues as president and Offerings." to receive a named professorship at CEO of Dataserve Financial Services, Marshall-Wythe. Inc., a BellSouth company in Eden Prairie, Minnesota. V OL U ME 11, NO. 1 49 ALUMNI ACTIVITIES

Thomas Logue has been appointed to '84 Jonathan l. Drake has been Elizabeth B. Wright has been elected to the Board of Directors of the Dade elected a partner in the firm partnership in the firm of Thompson, Counry Florida of Dechert Price & Rhoades in Hine and Flory, resident in the firm's Bar Association, Philadelphia, Pennsylvania, where he litigation group in Cleveland, Ohio. a volunteer associ­ is a member of the federal and state James E. lilly has been named ation of over tax practice group and the mergers '85 a partner in the Winston­ 5,000 lawyers and acquisitionslrestructuring practice Salem, North Carolina office of in Dade Counry. group. Womble Carlyle Sandridge & Rice. He is an assistant Duane M. Geck has been named a Neil D. McFeeley, an attorney with the Dade Counry member and shareholder of Severson Boise, Idaho law firm Eberle, Berlin, attorney, repre- & Werson in San Francisco, California. Kading, Turnbow & McKlveen, has senting local Thomas Logue ' 82 John H. Jameson is marketing manager government in been re-elected to the American for cellular operations at American civil litigation. Judicature Sociery's Board of Directors. Mobile Satellite Corporation in Pressly M. Millen has become a part­ D. Michael Underhill has been elevated Washington, D .C ner with the firm of Womble Carlyle to partnership at Correction Sandridge & Rice, resident in the Morgan, Lewis In the Summer 1992 issue, it was in­ Raleigh, North Carolina office. & Bockius. He correctly reported that Jerold J. Novick, is a member of Peter A. Thalheim continues his solo Class of '84, had been named a partner practice of commercial law serving the labor & in the Philadelphia, Pennsylvania firm employment law New York City and Fairfield Counry, of Earle Palmer Brown & Spiro. section of the Connecticut. nrm, resident in The Duke Law Magazine regrets any Henry E. Valenzuela announces the for­ misunderstanding this error may have Washington, mation of the personal injury firm of caused. D.C D. Michael Underh ill '82 Yerrid, Knopik & Valenzuela in Mr. Novick became a partner at Wolf, Tampa, Florida. Block, Schorr and Solis-Cohen in Albert G. Van Marwijk Kooy has been Philadelphia on February 1, 1992. He '83 Clement R. Gagne , III is now named a partner with the firm of is a member of that firm's real estate a partner with the firm Janis, Trenite Van Doorne in Amsterdam, department, and concentrates his prac­ Schuelke & Wechsler in Washington, The Netherlands, where he practices tice in the financing, development and D.C labor, employment and general com­ leasing of commercial real estate, such R. Benton Gray has been elected to merciallaw. as shopping centers, office buildings partnership in the Cleveland, Ohio and condominium projects. office of Thompson, Hine and Flory, where he is a member of the firm's liti­ '86 Margaret J. Reinsch is senior legislative Peter J. Juran gation group. analyst for the Joint Standing Com­ has become a Orner G. Poirier is now with the United mittee on the Judiciary of the Maine shareholder with States Attorney's Office in Honolulu, State Legislature. House & Blanco Hawaii. Wilson A. Schooley has been appointed in Winston­ Robert M. Wyngaarden announces the to the cabinet level position of national Salem, North formation of the firm of Johnson & budget director of the American Bar Carolina, where Wyngaarden in Lansing, Michigan, Association Young Lawyers Division. he concentrates Peter J. Juran '86 practicing general civil litigation and He is a shareholder with the firm of in civil litigation. professionalliabiliry defense. Jennings, Engstrand & Henrikson in Karen l. Manos (Tremblay) has been San Diego, California, where he is a promoted to major in the United member of the commercial litigation States Air Force. and construction law practice groups. 50 D UK E L A U7 MAG A Z f A E

James D. Smith has been named assis­ John H. Kongable has been promoted to Rebecca Ament Carr is now practicing tant dean and adjunct professor oflaw major in the United States Air Force, employment and labor law with at the Emory University School of Law and has been reassigned as appellate Verner, Liipfert, Bernhard, McPherson in Atlanta, Georgia. He directs student government counsel, Air Force Legal & Hand in Washington, D.C. affairs and teaches intellectual property. Services Agency at Bolling AFB in Bradley B. Furber, an associate at Bogle He is also of counsel to the firm of Washington, D.C. & Gates in Seattle, Washington, has Arnold, White & Durkee in Houston, Philip M. Nichols is now an assistant written Two Promises, Two Texas. professor at The Wharton School of Propositions: The Wheeler-Howard Pa ul T. Stagliano has joined the legal Business at the University of Pennsyl­ Act as a Reconcil- iation of the Indian department of BellSouth Telecommu­ vania, where his research centers on Law Civil War, 14 U. Puget Sound L. nications in Atlanta, Georgia, practic­ international law. Rev. 211 (1991). ing in the labor and employment law Howard A. Skaist is now a patent attor­ Sally J. McDonald has joined the firm area. ney at GE's Corporate Research and of Rudnick & Wolfe in Chicago, '87 Lisa Thompson Kaplan is now Development Center in Schnectady, Illinois, practicing labor and employ­ a writer and editor in the New York. ment law. education division of LOMA, an Carolyn E. Zezima is a juvenile criminal Julius Nyang 'oro has been promoted insurance education association in prosecutor in Manhattan Family Court to associate professor and became Atlanta, Georgia. in New York City. chairman of African and Afro­ American Studies at the University of Bart J. Patterson has joined as a share­ Eric l. Hiser practices environ- '89 North Carolina at Chapel Hill on July holder the newly-created litigation firm mental law in Phoenix, 1, 1992. of Daughton, Hawkins, Brochelman Arizona, and writes a monthly column & Guinan in Phoenix, Arizona. in HAZMatters, the newsletter of the Janis R. Williams , an attorney with Christopher J. Petrini , a litigator with Southern Arizona Environmental Fennemore Craig in Phoenix, Arizona, the Boston, Massachusetts firm of Management Society. He also serves has been elected to the Board of Hinckley, Allen, Snyder & Comen, as conservation chairman of the local Directors of the American Cancer is vice-chairman of the Framingham Boy Scout council. Society in Scottsdale. School Committee, in the second year Mark l. Kaplan has joined the Atlanta, '91 Cynthia Adcock-Steffey is of a three-year elected term. Georgia firm of Glass, McCullough, now a Staff attorney at North Julie O'Brien Petrini was made a junior Sherrill & Harrold as an associate. Carolina Prisoner Legal Services in parmer in the Boston, Massachusetts Frank J. Kokoszka announces the for­ Raleigh. firm of Hale and Dorr, where she is a mation of the firm ofBlau, Eberhardt Jennifer Alvey is now an associate with litigator specializing in general com­ & Kokoszka in Chicago, Illinois, prac­ Howrey & Simon in Washington, mercial and trademark matters. ticing general civil and commercial D.C., and is a member of the Board of '88 Erik O. Autor is now inter- litigation, with an emphasis in com­ Directors and chair of the Community national trade counsel on modity futures, bankruptcy, insolvency Service Committee of the Duke Club the minority staff of the United States and creditors' rights. of Washington. Senate Committee on Finance, where Susan Prosnitz has become staff counsel Kristen Scheffel CriSp has become an he advises the minority members and to the Boston, Massachusetts Police associate at Oppenheimer Wolff & assists in drafting trade legislation. Department. Donnelly in Chicago, Illinois. Lori E. Handelsman has become assis­ '90 Jeanette E.M . Almsatter is now F. Brian Schneiderman practices general tant general counsel for the Depart­ an associate in the Stockholm, business law with Mays & Valentine in ment of Environmental Regulation Sweden office of Baker & McKenzie. Norfolk, Virginia. in Tallahassee, Florida. Miriam R. Arichea has joined the tax litigation group at Bryan Cave in St. Louis, Missouri. VOL [J ME 11. NO. 1 5] ALUMNI ACTIVITIES

Personal Notes

Siobhan O'Duffy Millen and Pressly M. '/:5 William H. lear was married '82 Stephen M. Dorvee was mar- U to Jorlee Williams in 1992. ried to B. Ida Patterson '88 on Millen, both Class of'85, are happy to June 6, 1992. Steve and Ida both prac­ announce the birth of their second Robert E. Sheahan of High '/:'7 tice with Arnall, Golden & Gregory in child, and first son, Conor McAuley U / Point, North Carolina, was Atlanta, Georgia, and Steve is a mem­ Millen, on March 6, 1992. married to Pati Smith on March 20, ber of the City Council in Roswell. 1991. '86 Deborah Machemer Bartlett Kalju Nekvasil was married to Johanna and her husband, John, '71 Peter R. Seibel and his wife, Feliciano on February 22, 1992. Kalju announce the birth of their first child, Karen, are pleased to an­ is a partner with Goodman & Nekvasil Erin Louise Bartlett, on February 17, nounce the birth of their first child and in Safety Harbor, Florida 1992. son, Tyler Randall, born on May 14, Pamela Gronauer was married to Al 1992. '83 Robert M. Wyngaarden and his wife, Teresa, are happy to Barker Hill on June 6, 1992. Pam now '72 Edward Reibman, and his announce the birth of their third child, practices with Macey, Wilensky, wife, Elizabeth, proudly Marie Lillian, on December 8, 1991. Cohen, Wittner & Kessler in Atlanta, announce the birth of a son, Samuel Georgia. lee D. Mackson and his wife, Preston Reibman, on August 27, 1992. '84 Peter J. Juran and his wife, Beth, Andrea, are pleased to report announce the birth of twin daughters, ''78 Nancy Halleck and her hus- the birth of their first child, a daughter Jeanette Melody and Mary Josephine, / I band, Tom Hart, are pleased named Samantha Bryn, born on July on April 21, 1992. to announce the birth of a son, 29,1992. Matthew Halleck Hart, on March 8, Thomas W. Peterson and his wife, Margaret J. Reinsch and her husband, 1991. Teresa, are pleased to report the birth Bruce Jones, are happy to announce of their first child, a daughter named James T.R. Jones and his wife, Jane the birth of their second son, Cooper Ashley Elizabeth, on November 11, Irby, are happy to report the birth of Whitney Reinsch Jones, on April 30, 1991. a second child, Anne Shirley, on 1992. November 13,1991. Robert P. Riordan and his wife, '87 Frank E. Derby was married Jane Makela is pleased to announce the Carolyn, happily announce the arrival to Emily Pachuta on birth of a daughter, Kathryn Makela of their second daughter and third October 25, 1992 in Brookline, Vogt, on December 1, 1991. child, Claire Elizabeth, born on July Massachusetts. Frank is an associate with Christy & Viener in New York Carl J. Schuman and his wife, 21, 1992. '79 City. Mary, happily report the Peter G. Verniero and his wife, Lisa, are birth of their first child, a daughter pleased to announce the birth of their lisa Thompson Kaplan and Mark l. named Brooke Anne, on June 5, 1992. first child, a daughter named Jennifer Kaplan '89 are happy to report the Lynn, on October 5, 1992. birth of their first child, Caroline '80 w. Steven Woodward and his England, on January 31,1992. wife, Nanciann, are the proud Carrie Emerson and Darrell '85 Bart J. Patterson announces the birth of parents of their first child, a daughter Van Deusen, both Class of'85, his third child, and first son, Kendal named Alexandra Frazier Woodward, are pleased to announce the birth of James, on June 5, 1992. born on December 26, 1991. their second child, a daughter named Margaret, on June 26, 1992. Julie O'Brien Petrini and Christopher J. '81 Alan S. Madans is pleased to Petrini, both Class of'87, are delighted report the birth of a daughter, Eric Isaacson and Susan Weaver '88 are to announce the birth of their son, Hannah, on November 12, 1991. the proud parents of a daugther, Clio Shawn Joseph, on June 11, 1992. Alyssa Weaver Isaacson, born on May 6, 1992. 52 D U K E L A U7 ,H A G A Z I N E

Cecelia Smith-Schoenwalder and her Susan Weaver and Eric Isaacson '85 '90 Claude A. Allen , and his wife, husband, Tim, are happy to report the are happy to report the birth of a Jannese, are happy to an­ recent birth of a son, Todd Carper daughter, Clio Alyssa Weaver Isaacson, nounce the birth of their first child, Schoenwalder. on May 6, 1992. Claude Alexander Allen III, on October 2, 1992. laurel E. Solomon was married to Paul '89 Mary Dalton Baril and her hus- C Nicholson on October 17,1992 in band, Steve, are happy to Elizabeth I. Gallop was married to Joel Durham, where Laurel practices with announce the birth of a daughter, Dennis on September 6, 1992. Betsy Hayes Hofler and Associates. Elizabeth Dalton Baril, on June 4, 1992. is in-house counsel at The Medicine Shoppe International in St. Louis, '88 Mark R. DiOrio and his wife, Michael Grundei is proud to announce Jill, announce the birth of the arrival of a son, Scott, born on Missouri. their second child, a son named Luke April 26, 1992. lorri Gudeman Powell and her hus­ Cameron, on April 20, 1992. Mark l. Kaplan and lisa Thompson band, Jeff, proudly announce the birth B. Ida PaHerson was married to Stephen Kaplan '87 are pleased to announce of their first child, a daughter named M. Dorvee '82 on June 6, 1992. They the birth of their first child, Caroline Sara Jo, on November 2, 1992. reside in Roswell, Georgia and both England, on January 31, 1992. '91 c. Barr Flinn was married practice at Arnall, Golden & Gregory Susan Maxson was married to Thomas to Kendra Stetser '92 on in Atlanta. S. Dick on October 17, 1992. Susan is September 12, 1992. Emily D. Quinn is pleased to announce an associate with Chadbourne & the birth of a daughter, Keelin Quinn Parke, specializing in reinsurance in Ryan, on April 19, 1992. their Washington, D .C office. Sandra Seaton-Todd is happy to an­ nounce the birth of a daughter, Sarah Jean Seaton-Todd, on November 9,1992.

Obituaries

Class of 1932 Carruthers is survived by a daugh­ partner of the firm of Warren, Parker, Joseph T. Carruthers, Jr., 85 , of ter, Carol C Painter of Durham; two Williams and Stilwell (now Williams, Greensboro, North Carolina, died on sons, Joseph T. Carruthers, III of Stilwell, Morrison and Grimes). He October 25, 1992. He was retired from Winston-Salem, North Carolina and was a past president of the Virginia Bar the Greensboro firm of Carruthers and Thomas D. Carruthers of Greensboro; Association, and was active in commu­ Roth, a former member of the North a foster son, Marvin Carruthers of niry affairs. Carolina House of Representatives, and Greensboro; nine grandchildren; and Warren is survived by a daughter, a former member of the North Carolina three great-grandchildren. Lucie Warren Wolfe of Gettysburg, Senate. He was a World War II veter­ Pennsylvania; a stepson, Andrew an, a former member of the N.C Class of 1938 Hargraves of Abingdon, Virginia; two National Guard, a former president of Charles R. Warren , Jr. , 77, of sisters, Maria Warren Brornleigh of the Greensboro Bar Association and Danville, Virginia, died in December Williamsburg and Louise Warren chairman of the Greensboro Redevelop­ 1991 after a year of declining health. Wyman of Cadillac, Michigan; and ment Commission. He was also active He practiced criminal law in Danville two grandchildren. in numerous civic organizations. for fifty years, and was the founding V OL U M E 11, N O. 1 53

Class of 1941 Dufour of Columbia, South Carolina, Association and a member of the A. Fred Rebman , III , 74, of Stephen Dufour and Raymond Virginia Trial Lawyers Association. Chattanooga, Tennessee, died on Dufour, both of Aiken; his mother, Huggins is survived by his wife, October 13, 1992. He was a partner Louise Dufour of Charleston; a sister, Kathleen Adkins Huggins; a son, in the firm of Spears, Moore, Rebman Elizabeth D. Rivers of Charleston; and William Sidney Huggins of Richmond; and Williams where he specialized in two grandchildren. a daughter, Elizabeth H. Brown of civil litigation and corporate law, and Danville; and three grandchildren. was the attorney for the Chattanooga­ George E. Orr, of Miami, Florida, Hamilton County Convention and died on May 2, 1992 of cancer. He Class of 1969 Trade Center. Rebman served in the had been a Dade County circuit judge Charles S. Mill , Jr. , of Aiken, Navy during World War II, and was a since 1974, and had served three terms South Carolina, died on September 1, former president of the Chattanooga as board president of the Dade Youth 1992. He was a retired lieutenant Bar Association and the Estate Planning Fair and Exposition. colonel in the United States Marine Council of Chattanooga. Rebman was Orr is servived by his wife, Rusela; Corps, and had been commanding a fellow in the American College of seven children; and seven grandchildren. officer at Camp Lejeune, North Trial Lawyers and a member of the Carolina. Chattanooga Bar Foundation's Fellow Class of 1965 Mill is survived by his parents, program. Gerald Donald Dansby , 60, of Mr. and Mrs. Charles S. Mill of Aiken; Rebman is survived by a sister, Perry, Florida, died on December 27, and a brother, Jeffrey Mill of Mystic, Annie Kate Rebman Moore; a nephew; 1992. He practiced law in Perry, with Connecticut. and three great-nephews. several different partners, from 1966 until his death. He served at various Class of 1971 Class of 1951 times as county attorney for Taylor Ernest E. Ratliff of Clinton, North Alfred E. Dufour, 64, of Aiken, County, as public defender for the Carolina, died on September 20, 1992 South Carolina, died on September 3, Third Judicial Circuit, and as attorney in an automobile accident. He was an 1992. A veteran of the Navy during for the Taylor County School Board attorney in Clinton. World War II, he was a partner in the and for the Development Authority. Ratliff is survived by two daugh­ firm of Dufour, Dufour & Johnson. Dansby is survived by three broth­ ters, Yasmin Ratliff and Chanda He was a member of the South ers, Sherrill A. Dansby of Tallahassee, Ratliff, both of Raleigh; a son, Mark Carolina Bar, an original member of Florida, Larry Dansby, and H. Bishop Ratliff of Holly Springs, North the Board of the South Carolina Bar Dansby of Rockingham County, Carolina; a sister, Velma Peacock of Council, and chair of numerous com­ Virginia; and a sister, June Fleckenstein New York; two brothers, Daniel Ratliff mittees for the South Carolina Bar. For of Flint, Michigan. of Lillington, North Carolina and over twenty-five years, Dufour was a The family has asked that memo­ Robert Ratliff of Baltimore, Maryland; member of the Advisory Board of the rial gifts be made to Duke University and six grandchildren. South Carolina National Bank, Aiken Law School, Dean's Office, Box 90362, Office, and he served as an officer of Durham, North Carolina 27708. Class of 1974 several civic organizations. Robert B. Elwood , of New York Dufour was a founding member Class of 1957 City, died on March 24, 1992. He was of the Board of Directors of the Aiken Theodore P. Huggins, 63, of an attorney with LaBoeU£ Lamb, Leiby County Public Defender's Association Danville, Virginia, died on July 25, and MacRae. He was also a student at and served as its first treasurer. He was 1992 from injuries he sustained in a the J u1liard School of Music. a former president of the Aiken County fall. He had practiced law in Danville Elwood is survived by his mother; Bar, and served as attorney for the City since graduating from the Law School. a sister; and two brothers. of Aiken and as a United States Magis­ He was a veteran of the United States trate for several years. Army, having served in Korea, and was Dufour is survived by his wife, former president of the Danville Bar Milly S. Dufour '51 ; three sons, Glenn 54 D U KE LA W M AGAZ I NE

Class of 1976 moved into private practice with the law the civil rights of minorities and the Fred Raymond Butner, 41, died firm of Neblett and Sauer. For the last oppressed, and in 1991 drafted a October 7, 1992, in Key West, Florida, ten years, he had a solo general practice, human rights ordinance that was en­ from injuries suffered as the result of a with a particular emphasis in personal acted by the Key West City Council. fall. Fred was born and reared in Wmston­ injury and trial work. He also had a law In articles shordy after Fred's Salem, North Carolina, where much of office in Boone, North Carolina. death, the Miami Herald stated: his family stili lives. He graduated from In addition to being a practicing ''As an attorney, major Democratic R.]. Reynolds High School there in lawyer, Fred had also been an instruc­ Party organizer, radio show host, civil 1969. He was a Duke undergraduate, tor of law at Florida Keys Community rights advocate, and leader in his class of 1973, with a degree in Economics College. He had a weekly radio pro­ church, Butner was at the center of (with distinction), and also a graduate gram "The Law and You" on WKWF Key West life. He had a boyish face, an of Duke Law School, Class of 1976. radio station, and occasionally also eager grin, an enormous suit collec­ At Duke, Fred was active in stu­ guest hosted a local television talk show. tion, a passion for public life, and an dent government and in politics. He Fred was a past president of the overactive fax machine and an office in served as ASDU attorney general and Monroe County (Fla.) Bar Association a restored wood-slatted Conch House treasurer, was a member of the North and served on the Florida Bar Board of where he dubbed himself the "South­ Carolina Student Legislature, and was Governors. He was a member of the ernmost Attorney in the Nation" .... named the North Carolina Young Florida, North Carolina and District "He caused us to rethink who we are Democrats Outstanding College Mem­ of Columbia bars, as well as the and what we really believe," [the min­ ber. Fred served as special assistant to Association of Trial Lawyers of America ister presiding over Fred's memorial University President Terry Sanford, and and the American Bar Association. service] said. "If your civil rights were was national delegate coordinator for In 1983, he was recognized as an challenged, Fred was right there for the Terry Sanford Presidential Campaign Outstanding Young Man of America. you. He had a passion for civil rights." in 1972. He was also a member of Pi Fred was also quite active in a Fred is survived by his parents, Kappa Phi, the Old Trinity Club, and number of community and civic Fred W Butner, Jr. and Martha H. was a founder and director of the Duke affairs. He was a past president of the Butner of Winston-Salem, North Day Care Program. Monroe County Democratic Party, a Carolina; two brothers, Blain B. Butner '80 While at Duke Law School, Fred state committeeman for the Florida of Arlington, Virginia, and David E. served as president of the Duke Young Democratic Party, past president of the Butner of Winston-Salem; numerous Democrats, was a member of Phi Alpha Key West Business Guild, served on other relatives in North Carolina; and Delta, was a Moot Court participant, the Salvation Army Board of Directors, his dog of many years, a Great Pyrenees and served as representative to the and was active in the Metropolitan named Duke. Duke Alumni General Council. Community Church. In 1988, Fred The family has asked that memori­ Following graduation from Duke was a delegate to the Democratic al gifts be made to Duke University Law Law School in 1976, Fred moved to Key National Convention, where he pro­ School, where an appropriate memorial West, Florida, where he lived continu­ claimed himself the "Southernmost will be designated. ously until his death. He initially served Delegate in the U.S." Fred also devot­ as an assistant state attorney, then ed considerable energies to defending Blain B. Butner '80

Marianna Lon g, 86, of Durham, died on September 7, Gene Teitelbaum died on November 11, 1992. He 1992. Ms. Long first joined the staff of the Duke University served as associate law librarian at Duke for several years Law Library in 1928, and retired as director in 1973. She in the early 1970s. In 1975, he became director of the Law was a member of the Daughters of the AmericanRevolution, Library at the University of Louisville. He resigned that the Durham Women's Club, and the Kings Daughters Club. position in 1986, remaining on the Louisville faculty teach­ Ms. Long is survived by two sisters, Virginia Howell ing copyright, negotiable instruments, constitutional law, of Adanta, Georgia and Carolina Sanford of Myrde Beach, and administrative law. South Carolina; two brothers, Locke Long of Salisbury, North Carolina and Robert Long of Statesville, North Carolina; and a lifelong friend, Evelyn Harrison of Durham. V O L U M E 11, N O. 1 55

Law Alumni Weekend ...... October 8-9, 1993

The following classes will celebrate their reunions in 1993: Class of 1942 and prior ..... The HalfCemury Club Class of 1943 ...... 50th reunion Class of 1948 ...... 45th reunion Class of 1953 ...... 40th reunion Class of 1958 ...... 35th reunion Class of 1963 ...... 30th reunion Class of 1968 ...... 25th reunion Class of 1973 ...... 20th reunion Class of 1978 ...... 15th reunion Class of 1983 ...... l0th reunion Class of 1988 ...... 5th reunion Class of 1942 celebration 56 D UK E L A U7 MAG A Z I N E

For more information on upcoming events, call the Law Alumni Office at (919) 489-5089.

Conference on Career Choices ...... February 5, 1993 All-Alumni Directory Law Alumni Council Meeting ...... February 6, 1993 The Duke Law Alumni Office is working on Alumni Seminar ...... ApriI15, 1993 a newall-alumni directory. That office now has in place software that will make it possible to publish Barristers Weekend ...... April16-17, 1993 alumni information from computerized records in Board of Visitors Meeting ...... April16-17, 1993 that office on a more regular basis. Many alumni Commencement ...... May 16, 1993 have found the directory to be a great help in net­ Board of Visitors ...... October 8, 1993 working and in providing business referrals. Law Alumni Weekend ...... October 8-9, 1993 We will be proof reading alumni information throughout the spring in anticipation of a mid-year publication date so be sure that your address information is up-to-date in the Law Alumni Office. Complimentary copies of the directory will be mailed to those alumni paying law alumni dues and/or making a gift to the Law School during the fiscal year.

Vincent Sgrosso '62 and John Conley '77 participated in the 1992 Alumni Seminar.

Donna Gregg '74 talks with students following the 1992 Alumni Seminar. Change of Address (Return to Law School Alumni Office)

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