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 ." . .,;.- '.-:.. ", - f . ' ~ . , ,.., .... - .~' -...",...- ,--:.- . '--- ., ..,.-# .. ~ -' 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