DukeLawAiaga.~~~in~e~ ___________ DEAN EDITOR ASSOCIATE EDITOR DESIGN CONSULTATION Pamda B. Gann Evelyn M. Pursley Janse Conover Haywood Azalea Graphics CONTENTS From the Dean ....................................................................... .. FORUM Prior Similar Acts in Prosecutions for Rape and Child Sex Abuse Sara Sun Beale................. ............... ..................................... ...... 4 Contesting the Fiducial Line: Legal Theory and the Duty to Be Loyal Deborah A. DeMott........ ................ .............. ........ ........ ........ ..... 10 ABOUT THE SCHOOL Teaching Trial Skills .................................................................... 17 Public Interest Thriving at the Law SchooL .............................. 20 New Research and Writing Program .......................................... 24 SuccessfUl Training Program for Taiwanese Judges ...................... 26 Changes in Career Services Office .............................................. 27 Fourth Annual Siegel Competition ........................................... .28 THE DOCKET Alumnus Profile: William H. Grigg '58 Right Man for the Right Time ................................................... 30 Alumnus Profile: Paul S. Nathanson '67 Master of Chaos ........................................................................ .32 Faculty Profile: William W Van Alstyne Teaching the Constitution ..........................................................34 Faculty News .............................................................................. 37 Law Alumni Association News ................................................... 39 Specially Noted.......................................................................... .43 Alumni Activities ....................................................................... .45 About the Cover The cover fearures a phomgraph Obituaries .................................................................................. .59 of a piece fmm the Law School's collection of legal art. It reproduces a painting by W Dendy Sadler entitled "A Breach of Promise.» The painting was published by Catalda Duke lAw Magazine is published under the auspices Fine Arts Inc. of New York City. of the Office of the Dean. Duke University School of Law, and the copy phomgraph was taken by Dan Crawford of Chapel Hill. Durham. North Carolina 27708 © Duke University 1994. VOLUME 12, NO.2 From the Dean want to highlight a few important July 1, 1994, as an associate professor Law School developments during of law. She is a Phi Beta Kappa gradu­ I the last few months. ate of Harvard College and a graduate of the Harvard Law School where she Death of A. Kenneth Pye was the executive editor of the Harvard The death of A. Kenneth Pye on Law Review. After clerking for Chief July 11, 1994, came as a great loss to Judge Patricia M. Wald of the U.S. many of us who knew him as a teacher, Court of Appeals for the D.C. Circuit, colleague, dean of the Law School, and she worked for a large firm in New chancellor of Duke University. I recall York City, where she specialized in him as a reacher of criminal procedure international business transactions. in my firsr year of Law School. He was Professor Chua will teach in the field the consummate lecturer, saying that of private international law, including "we could learn how to brief and ana­ international business transactions lyze cases from Professor Sparks." He and securities law and also in the first­ was surpassed by almost no one in his year course in contracts. Her research command of facts and his preparation New professor, Amy L Chua includes an analysis of the privatiza­ for any occasion. He believed in a lean tion-nationalization cycle in developing administration for the Law School, orary society of national scholars and countries and her law firm experience pardy because he could and would do leaders. Professor Katharine T. Bartlett includes the privatization of large gov­ everything, from presiding, to teaching, has been appointed by the American ernment-owned corporations. Professor and responding to anyone in the Law Law Institute as co-reporter for the Chua's international teaching interests School community who sought him Principles of the Law of Family Disso­ will complement the curricula taught out. My colleague, Professor George lution because of her substantial reputa­ by Professor Benedict Kingsbuty (pub­ Christie, recalls that "Ken Pye was an tion in family law, and especially her lic international law), Professors Her­ impressive man. He was a born leader expertise in the area of child custody. bert Bernstein and Donald Horowitz who was able to deal with difficult situ­ The University Provost has named (comparative law), and me (private ations without flinching. Perhaps his Professor Donald L. Horowitz to a international law), creating a group greatest single strength was his intellec­ James B. Duke tual honesty. He abhorred fake senti­ Chaired Professorship. mentality. Ken was a good and dear He previously held friend. He will be sorely missed." My the Law School's colleague, Professor Walter Dellinger, Charles S. Murphy spoke at the A. Kenneth Pye Memorial Chaired Professorship. Service held at Duke Chapel, and the This lateral switch to editors have included his apt remarks the University-wide later in this issue at page 64. James B. Duke Chair was made in recog­ Faculty Recognitions and nition of his special New Appointments accomplishments as a I am pleased to recognize the scholar in such fields recent accomplishments of some of as ethnic relations and our faculty. Professor William W Van democratization and Alstyne, the Perkins Professor of Law, ethnic violence. has been named to the American Aca­ Amy L. Chua The courtyard between the existing building and the new addition nears completion. demy of Arts and Sciences, an hon- joined our faculty on 2 DUKE LAW MAGAZINE / SUMME R 1994 of faculty within the Law School to provide studenrs a comprehensive set of offerings in the inrerna­ tional and comparative law areas. Professor Chua will also complemenr Profes­ sors Lawrence Baxter, James Cox, and Deborah r DeMott in the business curriculum, both domesti­ cally and inrernationally. Construction Progress Occupancy of the new Phase II building occurred at the end of July, which involved moving all of the faculty and administrative staff in the Law School. The renovation portion of Work con tinues on the new entra nce to the Law Schoo l. Phase II also began in July, which involves appropriately inrercon­ many more capacities in behalf of the in the 1992-93 and 1993-94 academic necting the old and the new buildings, Law School and Duke University more years. Dave has been unstinring in his particularly the old and new portions generally, both here in Durham and in involvemenr in the Law School. He of the library and all of the Law School California. has inrerviewed and recruited studenrs corridors. The renovation also creates Presidenr Nannerl Keohane has from various colleges and universities; new space for the library staff, studenr appoinred Lanty L. Smith '67, to suc­ he has previously been president of the work and study rooms in the library, ceed Bob as the new chair of the Board local alumni association in Pittsburgh; and a renovated studenr lounge. of Visitors. After being a corporate he has served on alumni panels; and partner with Jones Day Reavis & he has provided the Law Alumni Asso­ Alumni leadership Pogue in Cleveland, Lanty returned to ciation with an expanded agenda of I wanr to extend a warm, personal North Carolina, where he was general services to both alumni and students note of gratitude ro Robert K. Monr­ counsel and later presidenr of Burling­ while he has been president. gomery '64, who has served 11 years, ton Industries, Inc. He is presently the Haley Fromholz '67 succeeded beginning in 1983, as a member of CEO of Precision Fabrics Group, Inc., Dave Klaber as the new president of the Board ofVisirors and as the Board's headquartered in Greensboro, North the Law Alumni Association on July 1, chair for the last six years. Bob is an Carolina. Neither Lanty nor his family 1994. He is a litigation partner in the exemplary model of the best of the are strangers to Duke. His wife, Mar­ Los Angeles office of Morrison & Duke Law School. He is a fine profes­ garet Chandler Smith is a graduate of Foerster. He brings to the president's sional person as a partner in Gibson, Trinity College and also has a Ph.D. position many years of experience in Dunn and Crutcher in Los Angeles, from Duke University, and they are the alumni affairs and development activi­ and he has provided extraordinary parenrs of a rising senior at Trinity Col­ ties for the Law Scchool. leadership to his local community in lege. Lanty previously served a term on Working collaboratively with our Los Angeles, particularly for the 1984 the Law School's Board of Visitors, and fine alumni is the greatest pleasure of Olympic Games. He has mainrained a he responded enrhusiastically to the my job. I am very grateful to these and special loyalty to the Law School, while invitation to become the chair of the other alumni who maintain such an also being a tireless advocate for bring­ Board. I very much look forward to extraordinary interest in the success ing together all the various parts of working with him in his new leader­ and well-being of Duke. Duke University inro a cohesive and ship capacity. workable partnership. I look forward David G. Klaber '69 was presidenr Pamela B. Gann,