VOLUME 8 Contents From the Dean 5 Forum 6 Constitutional and Statutory Responses to Texas v. Johnson / Walter E. Dellinger; III 12 The Biggest Deal Ever / Deborah A. DeMott 24 About the School 25 Financial Aid: An Investment in the Future 30 The B. S. Womble Scholarship 33 The Docket 34 Faculty Profile: Robert P Mosteller; A Commitment to the l£lw DEAN EDITOR ASSOCIATE EDITOR Pamela B. Gann Evelyn M. Pursley Janse Conover Haywood NUMBER 1 38 Alumnus Profile: Arnold B. McKinnon '51, Running the Nation's Most Profitable Railroad 41 Alumnus Profile: Breckinridge L. Willcox '69, US. Attorney: The Best Job Government Can Give a Lawyer 44 Book Review: Robert Dole: American Political Phoenix by Stanley Goumas Hilton '75 46 Specially Noted 58 Alumni Activities 72 Upcoming Events Duke Law Magazine is published under the auspices of the Office of the Dean, Duke University School of Law, Durham, North Carolina 27706 © Duke University 1990 PHOTOGRAPHERS PRODUCTION Dan Crawford Graphic Arts Services Ron Ferrell Les Todd Jim Wallace DUKE LAW MAGAZINE / 2 From the Dean These pages give me an oppor­ tunity to share with alumni and friends information and issues about various facets of the Law School. In this issue, I want to discuss with you matters relating to our building renovations, admissions, placement, and the public service responsibility of lawyers. Law School Library Reno­ vations. Included on these pages are pictures of the recently com­ pleted renovations of the bottom floor of the library. The reaction of faculty, librarians, and students to the architect's design has been very positive. The combination of lighting, millwork, and specially­ designed individual computer car­ rels creates an inviting environment for students to conduct legal research and to write. The computer carrels house a $100,000 local area computer for Duke University, the University to utilize this network of comput­ network for student use. This net­ of North Carolina, and North Caro­ ers. ~en you next visit the Law work contains word processing, lina State University, which combines School, please take the time to walk LE]JS, ~STLA~, grammerand the total library resources of these around the library, including the citation checks, and computer in­ three universities into the third largest newly-renovated areas, and to ob­ structional exercises assigned by the university library collection in the serve the balance among hard-copy faculty for particular courses. It also United States. Our librarians are ac­ materials and new forms of infor­ contains the on-line library catalogue tively involved in training students mation technology: Admissions. The number of persons applying to the Law School has increased by eighty-six percent since 1985, with significant increases occurring in 1987-88 and 1988-89. For the fall 1989 entering class, the Law School received a record num­ ber of 3,501 applications. Applica­ tions received to date for the fall 1990 entering class are over twenty percent ahead of January 1989. The dramatic increase in applicant vol­ ume has been accompanied by an increase in the qUality of the appli­ cants. Nationwide the number of persons achieving high LSAT scores has increased, and our applicant pool shows that increase as well. The fall 1989 entering class median LSAT is 43, the highest in the School's history, and its median GPA is 3.60. VOL. 8, NO. 1 / 3 Forty-three percent of the fall 1989 the law schools due to the growing recruit only first-years. Also, we use entering class are women, which is number of multiple applications. valuable office space for the inter­ also the highest percent in the Law Placement. Law students have views, often asking adjunct and joint­ School's history. The majority of never had a better choice of jobs appointment faculty to relinquish persons enrolled in undergraduate as the demand for lawyers from top their offices during the fall semester. college presently are women, and law schools increases more rapidly We have previously addressed law schools can expect their enroll­ than the number of students gradu­ in a small way the problem of stu­ ment of women to proceed gradually ating each year. Nevertheless, the dents missing classes to interview to fifty percent over the next sev­ law schools themselves have experi­ off-campus by creating a week-long eral years. The entering class origi­ enced increasing disruption to their October break and encouraging nates from thirty-eight states and educational program caused by the students to interview during that seven foreign countries, illustrating enlarged placement activity. Students week. Beginning in the fall semes­ the "national" nature of the Law spend many hours interviewing firms ter 1990, we will attempt to control School's student body. The enroll­ on campus and then leave school the number of missed classes for on­ ment of fourteen black minority stu­ for entire days to interview firms campus interviews by scheduling dents is the highest absolute number away from campus. Moreover, even 150 of the more than 500 firms that enrolled, and the twelve percent first-year students are engaged in interview during the fall semester enrollment of North Carolina resi­ a spring semester, on-campus place­ over three weekends. This weekend dents is also the highest achieved ment season during which firms concentration of firms will enable in ~he last several years. Our enrollment recruitment efforts are greatly enhanced by the Alumni Admissions Program, which presently involves more than 180 alumni throughout the country. Approximately eighty percent of the admitted candidates were matched with alumni, who personally con­ tacted the candidates. These contacts were made not only to recruit the candidate to Duke, but also to dis­ cuss legal education and the profes­ sion more generally. This network of alumni greatly enhances our recruit­ ment efforts for excellent candidates. This rapidly increasing applicant volume is a mixed blessing. We cer­ tainly appreciate the perception that the Duke Law School is a location in which many strong candidates want to study law. On the other hand, the cost of operating an ad­ missions office both to recruit stu­ dents on a nationwide basis and to review this volume of applications has increased Significantly over the last several years. Private undergrad­ uate colleges, like Duke, estimate that their admissions operations cost about $1,000 per matriculated student. Comparable data is not available for private law schools; nevertheless, the cost is significant. One cannot help but imagine that as private schools need to contain costs, a national application system may be developed to eliminate the current duplication of effort among DUKE LAW MAGAZINE / 4 discussed how large law flrms orga­ nize themselves to deliver pro bono services. They also discussed if prom­ inent, large law firms fail, or if law­ yers individually fail, to volunteer their services in accordance with their public service responsibility, and whether all lawyers should be required to provide pro bono ser­ vices. At least six states now have under consideration a mandatory pro bono requirement for lawyers. Many lawyers believe that if horta­ tory efforts fail to convince lawyers to meet their public service respon­ sibility, the mandatory requirement may be adopted in some states. This panel is part of a larger effort by the Law Alumni Council to present to students alumni panels on various topics about the legal profession. Law school faculty per­ form the traditional functions of legal us to shorten the total number of In response to the need to bring education quite well. The faculty weeks devoted to flrm interviews these issues to the attention of our may not, however, be as helpful on-campus, which should beneflt students, I requested the Law Alum­ as our alumni in thoughtfully dis­ the students and the flrms. ni Council to present a program at cussing such topiCS as the evolving A significant number of the on­ the Law School about the public nature of law firrns, the economics campus interviews are conducted service responsibility of lawyers. of the profession, or the public ser­ by our alumni. I hope that you and Each year panels appear in the Law vice responsibility of lawyers. I your flrms will appreciate the need School to discuss careers in public warmly thank the Law Alumni Coun­ to conduct interviews during the interest law and government. In re­ cil for organizing these alumni panels weekend to lessen the disruption ality, however, most of our students to enrich the professional education of class attendance and preparation will begin their careers in large law of our students. caused by the current placement flrms in large cities; accordingly, I schedule. requested the Council to focus in Pamela B. Gann Law Alumni Council and the particular on how large law flrms Public Service Responsibility encourage and assist their lawyers of Lawyers. The degree to which in delivering pro bono services. lawyers are fulfllling their public A panel discussed this topic service responsibility is one of to­ among themselves and with our stu­ day's most widely discussed profes­ dents in January: Panelists included sional topics. The degree to which Richard Allen '66, a partner at law schools can educate students Cravath, Swaine & Moore; Barbara to understand their future public Arnwine '76, the Executive Direc­ service responsibility is an equally tor of the Lawyers Committee for discussed topic. Civil Rights under the Law; James Pro bono legal services fall within E. Coleman, Jr., of Wilmer, Cutler the broader topic of public service & Pickering; John J. Coleman, Jr. responsibility. Most law schools and '50, the managing partner of Brad­ lawyers are unwilling to confront ley, Arent, Rose & White; Thomas the fact that many lawyers are simply A.