Duke Law Magazine DEAN EDITOR ASSOCIATE EDITOR DESIGN CONSULTATION Pamela B. Gann Evelyn M. Pursley Janse Conover Haywood Cassell Design Group, Inc.

CONTENTS

From the Dean .. . .. 1

FOR U M Remembering the Bible Teacher: ...... 4 An Essay on Prayer and the Constitution/ Walter E. Dellinger, III Encouraging Public Service/Pamela B. Gann. . .7 Freedom of Expression: Who Decides What . 10 is to be Published?/ David L. Lange

ABOUT THE SCHOOL New Faces at the Law School. . ... 14 Volunteer Pro Bono Project Established...... 15 Making Public Interest Work Possible.. 16 Black Law Students Association "Adopts".. 18 Housing Project

THE DOCKET Alumnus Profile: Paul Hardin, III '54...... 20 Blue Devil in T arheel Cowmy Faculty Profile: Paul H. Haagen ...... 23 Forging Ahead Book Review: Critical Issues in Business Conduct: ... 25 Legal, Ethical and Social Challenges for the 1990s by Walter W. Manley, II '72 Specially Noted . 27 Aboullhe Cover Alumni Activities ...... 34 The cover features a photograph of a piece Upcoming Events . . 44 from the Law School's collection of legal art entitled "A Flaw in the Title." It was etched by R. Wallace Hester and painted by W . Dendy Sadler. Dan Crawford of Chapel Hili took the Duke Law Magazine is published under the auspices of the copy photograph. Office of the Dean, Duke Universi

From the Dean

Building Addition and Renovation of a national, The Law School is nearly ready private law to begin the construction of its school. You can $14.5 million building addition and be justifiably renovation project. The construc­ proud of your tion documents are completed and contributions ready to be circulated for bidding. during the Cam­ We are awaiting the University paign and the Board ofTrustees' final approval of increased level the project financing before pro­ of fund raising ceeding to the bidding and contract­ achieved by the ing stages. At this time, the Law School. We look School still needs about $500,000 forward to the in commitments from its alumni celebration of and friends to complete the financ­ the Campaign's ing of the project. success and the beginning of our The Campaign for Duke building con- The three and one-half year Dean Pamela Gann struction at The University-wide Campaign for Duke Barristers Week­ ended on December 31, 1991. Pre­ paign as soon as we have finished the end on April 10-11, 1992, and at liminary figures indicate that the paperwork and record keeping for the fall Alumni Weekend on Sep­ University surpassed its $400 mil­ the Campaign. tember 18-19, 1992. lion goal by raising over $500 mil­ This successful Campaign is a lion. The Law School's total Cam­ significant event for the Law School. Student Affairs paign goal of$12.5 million was met First, it contributed the necessary New Dean of Student Affairs earlier in 1991. Our preliminary funds for the Law School to finance and New Director ofAdmissions. figures for the Law School's compo­ a large addition to its present build­ Beginning in January 1992, two nent of the Campaign are shown in ing. Second, and just as important, new administrators joined the Law the box below. the Campaign has increased the School. Susan M. Sockwell is our I will provide you a complete understanding of our alumni and new Associate Dean for Student report on the Law School's Cam- friends of the financial requirements Affairs. She joins us from Emory University Law School, where she CAMPAIGN FOR DUKE GOAL (IN MILLIONS) FUNDS RAISED has been assistant dean and adjunct (preliminary figures) professor since 1986. She also served Annual Fund $1 .5 $1 ,884,000 Emory as director of student affairs Research and Program Support No goal $1,758,000 for two years, and coached their Building Program $8.0 $7,973,000 national championship moot court Endowment $3.0 $2,437,000 team. Elizabeth Johnson Gustafson, a 1986 graduate of Duke Law Total $12.5 $14,052,000 School, is our new Director of 2 DUKE LAW MAGAZINE

Admissions. She has practiced intel­ risk associated with attending law were made to increase the likelihood lectual property law at Dow, Lohnes school. Second, a new form of the of accomplishing the two primary & Albertson in Washington, D.C. LSAT test was given for 1992, and goals of the program. The first goal since 1987. the number of high scores on the is to enable graduates to select their Susan Sockwell replaces Associ­ test is noticeably lower. It is specu­ employment without the preclusion ate Dean Gwynn T Swinson, who lated that because of the lower of options due to substantial student has taken a leave of absence from the scores, pre-law advisors may be steer­ loans. The second goal is to encour­ University for 1991-92, to spend the ing more applicants to slightly less age Duke law graduates to choose year in Japan with her family. (See competitive law schools, without public interest careers. The faculty more detailed story on our new fully appreciating that nearly all of recognizes that the legal profession administrators on p. 14.) the top law schools will inevitably has a responsibility to provide public Admissions. For the fifth year, enroll students yielding lower me­ service, and student indebtedness the number of applications to the dian scores for the 1992 entering should not prevent the graduates Law School increased, although the class. of the most expensive private law increase for the class entering in the Placement. The decline in the schools in the country from careers fall of 1991 was only slightly higher number oflawyers being hired by in government and public interest than that of the previous year. From large law firms has impacted our employment. (I discuss further these an applicant pool of 4,345, 195 stu­ placement services, primarily in two issues in Encouraging Public Service dents enrolled in the 1991 entering ways. First, somewhat fewer firms at p. 7.) class. This group had an LSAT chose to conduct on-campus inter­ median of 44 (96th percentile of views. Second, significantly fewer Long-Range Planning test-takers), and an GPA median firms interviewed any third-year law With the completion of The of3.65. students while on-campus, choosing Campaign for Duke and the fund The number of applications at instead to hire all of their first-year raising for our building addition, it the top private law schools likely will associates from among their summer is appropriate that the Law School decline fairly significantly for the fall associates. pause to assess what it wants to ac­ 1992 entering class. It will be diffi­ Notwithstanding the increased complish during the next five years. cult to determine the exact causes, difficulty in obtaining employment, This long-range planning will also but speculation already exists. First, at least eighty percent of the current provide the Law School's input into some law school administrators be­ third-year class was employed by the the University-wide long-range plan­ lieve that the recession and changes end of 1991, and the class should ning presentation required by the in the profitability oflaw firms have attain the usual achievement of hav­ University Board ofTrustees at its lowered the number of lawyers ing over ninety percent employed by May 1992 meeting. Thus, in our being hired by many firms and have the time of their May graduation. next Magazine, I will provide you a caused starting salaries to decline or Loan Forgiveness. During the summary of the goals identified by to remain constant. Because of these fall semester of 1991, the faculty the Law School's faculty, administra­ factors, more applicants to law agreed to enhance the coverage of tors, students, and Board of Visitors schools may choose to attend public our Loan Assistance Program. It ex­ that should be achieved over the law schools rather than private law panded the coverage of the plan to next few years. schools in order to avoid borrowing include government employment in substantial sums of money to pay for addition to public interest jobs. It Pamela B. Gann '73 their legal education. The public also created more lenient eligibility school choice lowers the economic requirements. These enhancements

4 DUKE LAW MAGAZINE

Refllefllbering the Bible Teacher: An Essay on Prayer and the Constitution Walter E. Dellinger, III

recall very lime about the fifth grade, but to this day I remember awaking every Thursday with a dull, I aching pain in the pit of my stomach. On Thursdays, the Bible teacher came to my class. When she arrived, I left the room. In the 1950s, the public school system in Charlotte, North Carolina provided Bible instruction to elementary school children for one hour a week. The instruction was labeled "non-denominational," which meant that it was generically Protestant. Pupils whose parents fJed a written statement could be "excused" during the instruction. The few Catholics in Charlotte public schools were urged by the local church not to participate. My devout Irish Catholic mother agonized over whether to write the note requesting that I be sent out of the room. In the end she felt she had no choice: Our parish priest had told her that I would be exposed to "an occasion of sin" if she allowed me to remain in the classroom during Protestant religious instruction. The arrival of the volunteer Bible teacher was anticipated with real pleasure by my classmates, who found her a wel­ come respite ftom arithmetic and grammar. I awaited her arrival with dread, watching the clock marching closer and closer to ten. She would sweep into the room heavily laden with Bible comics, maps, films, cookies, and Kool-Aid. And then would come the announcement from our regular teacher: "Walter and Victor should now leave the room." I envied Victor K. Burg-the only Jew in the class- for his seat close to the door. Vic always made a quick exit Professor ofLaw, Duke University. Professor Dellinger has been atDuke since 1969. into the hall. It seemed to take me forever to negotiate the aisles from my seat in the far back corner. The stares of my He teaches constitutional law and history, and is a frequent commentator on classmates reflected their bewilderment that Vic and I could constitutional law issues before the Supreme Court. This piece is a slightly revised not stay for such normal activities as eating cookies, coloring version of an article that originally appeared in the November 3, 1991 issue of The pictures ofJesus, singing hymns and reciting prayers. One girl Washington Post, entitled "Say Amen, Or Else-Piety and the Law. " always turned her head as I left; I knew from seeing her at Mass that she was also a Catholic. Vic waited for me outside the door, but we always walked in silence to the school's library room. We were in­ structed to spend the hour shelving books. If the hour ended with unshelved books, we had to return after school and fin­ ish. Although we became close ftiends, I don't believe we ever spoke of our feelings about leaving the room. We were, after all, eleven-year-old boys. VOLUME 10. NO.1 5

I was a junior at the University of North Carolina in 1962 when the Supreme Court decided the school prayer I remember awaking every Thursday with a case (Engel v. Vitale). A group of politically appointed state dull, aching pain in the pit ofmy stomach. officials called the board of regents had drafted a prayer to be recited every day in the public school classrooms of New On Thursdays, the Bible teacher came to my York. The Court held that this practice violated the Establish­ class. When she arrived, I left the room. ment Clause of the Constitution. Speaking for the Court, the Alabama Baptist Hugo L. Black wrote that "it is no part of the business of government to compose official prayers for The fine, but clear line between private and governmental any group of the American people to recite as part of a religious decision was drawn in 1985 in Wallace v. jaffree. religious program carried on by government." The majority of the Court, while suggesting that neutral It was the first judicial opinion I ever read, and it rested moments of silence would be upheld, invalidated an Ala­ on a principle that made a lot of sense to me-that govern­ bama statute that added the words "for prayer" to an earlier ment itself may not seek either to promote or discourage moment-of-silence law. religion. The seemingly trivial fact of the addition of the word .That principle is now in jeopardy. When the Supreme "prayer" crossed the line of constitutionality precisely because Court heard argument last fall in a public school graduation it is utterly unnecessary to the goal of creating a formal oppor­ prayer case from Rhode Island, the Bush Administration tunity for quiet reflection in which students can, if they wish, urged the Court to hold that in some circumstances the choose to pray. That purpose is wholly accomplished by a government may actively promote religion. The relatively statute or policy that simply provides that a moment be set innocuous facts of the case, Lee v. Weisman, made it a perfect aside, as a brief, silent "open forum" for each student to use as vehicle for a ruling that reverses forty years of Supreme Court she chooses. If a simple moment of silence is created, parents precedent on government-sponsored religion in the public can, if they wish, suggest to their children that they use the schools. moment for prayer. Providing in the state's Code of Laws that For years, the Providence, Rhode Island school system "prayer" is a designated activity, however, takes the state itself has invited local clergy to deliver prayers of invocation and across the line into the improper business of official endorse­ benediction at graduation ceremonies. The clergy are given ment of a religious exercise. guidelines recommending that the prayers for such occasions If a high school generally allows students to initiate their be composed with "inclusiveness and sensitivity." After Rabbi own extracurricular activities, student-initiated religious clubs Leslie Gutterman prayed to open and close the 1989 ceremo­ are quite properly entitled to the same access to school facili­ nies at a public middle school, a school parent, Daniel ties that the Teen Democrats and the Chess Club enjoy. As Weisman, and his daughter sued to enjoin school officials the Court noted in sustaining equal access in public schools from arranging for prayer at future graduations. (The unusual for student religious groups, 'There is a crucial difference fact that the 1989 prayer at one middle school was offered by between government speech endorsing religion, which the a rabbi camouflages the larger truth that school prayers in Establishmen t Clause forbids, and private speech endorsing Rhode Island and elsewhere are almost always offered by religion which the Free Speech and Free Exercise Clauses representatives of the dominant religion). protect." The decision of the federal district judge (sustained by It is that "crucial difference" that is threatened in the Court of Appeals) to enjoin the school system from Weisman. Briefs supporting the school system filed by the including prayers in future graduation agendas was a straight­ National Association of Evangelicals and the Catholic Confer­ forward application of settled First Amendment cases on reli­ ence argue that prayer is a form of expression and that, even gion in public schools. The critical distinction in each case is speakers who pray may not be censored. These statements between private speech and governmental speech. The cases are correct, but beside the point: In Weisman, the decision do not preclude prayer or other religious activities in public to include prayer was made by a government official. Rabbi schools if the decision to pray is a matter of wholly private Gutterman's access to the podium was conditioned upon choice; they do, however, preclude government officials from an express understanding between him and school officials making the decision, as they did in Weisman, that there will that what he would offer at the beginning and end of the be prayers. ceremony would be prayers. Public schools may, for example, create a moment of The situation would be different if the decision had been silence in which students who choose to pray may do so, as made by a private citizen. The valedictorian, for example, long as no government official suggests or encourages prayer. would be fully within her rights in using her time on the stage 6 DUKE LAW MAGAZ I NE

to speak of the im­ Application of this new "coercion" requirement would be pottance of her be­ particularly harsh in this case. Notwithstanding the impor­ lief in God, and tance students attach to participating in graduation, the gov­ even to offer a prayer ernment notes that attendance at graduation ceremonies is if she chooses. But "voluntary." The school, after all, will mail you the diploma. that is not what Because the facts in Weisman are relatively benign, it may happened in Weis­ not be immediately apparent how substantial a change is be­ man. Rabbi Gutter­ ing contemplated in the principle of government neutrality. man was not invited Admittedly, offering benediction at a Rhode Island middle to be a "graduation school is not going to make this countty into a theocracy. speaker": he was As applied by the present Court, however, it is not clear brought in to pray. that the test would preclude state-mandated "non-denomina­ (Indeed, he was tional" religious instruction in the public schools, as long as even instructed on "non-conforming" students are "permitted" (as I was) to what kinds of prayer leave. Moreover, focusing on each individual case obscures would be appropri­ the cumulative impact on religious liberty. If the Coutt allows ate.) It is the gov- it, thousands of government-sponsored religious activities ernment's decision will appear across the country, no one of which, considered Walter Dellinger in the fifth grade. to have prayers, not singly, would appear to "threaten" the establishment of an Leslie Gutterman's official church. implementation of that decision, that is at the heart of As Justice O'Connor recently argued, even in the absence Weisman. of direct coercion of individuals, "governmental endorsement The Solicitor General, representing the United States, or disapproval of religion" is an infringement of the Establish­ recognizes the implausibility of arguing that this is merely an ment Clause. Government actions that "show favoritism instance of government neutrality towards religious speech. to particular beliefs or convey a message of disapproval to In a brief that would undo at least four decades of carefully others" do not "adequately protect the religious liberty or applied constitutional doctrine, the United States urges the respect the religious diversity of the members of our pluralis­ Supreme Court to abandon the neutrality principle and tic political community." permit active government promotion of religion. Unfottunately, her views may now command only a mi­ In its brief urging the Court to hear this case, the United nority of the Court. With Weisman, the Bush Administration States argued that at least in the area of "accommodation may finally achieve in the Supreme Court the active promo­ of religious heritage in civic life" (whatever that means) gov­ tion of religion long sought by the Reagan Administration in ernment promotion of religion should be invalid only if its unsuccessful campaign for a school prayer amendment to (1) "the practice at issue provides direct benefits to a religion the Constitution. in a manner that threatens the establishment of an official Looking back, I now find it difficult to understand why church" or (2) it "compels persons to participate in a religion my own experience was so painful. I suppose that most or religious exercise contrary to their consciences." eleven-year-olds desperately want to be seen as "regular" and In support of the first proposition, the United States "normal." By my final year in elementary school, the death of suggests that the original understanding of the Establishment my father and the fact that we were poorer than my class­ Clause permits government to promote religion as long as it mates' families (all of which seemed in the placid '50s to be does not favor a particular sect, a reading effectively rebutted middle class and intact) contributed to my sense of isolation. years ago by Professor Douglas Laycock and others and no But nothing compared to the sense of strangeness that arose longer coherent in a complex world in which every govern­ from my weekly exit from the classroom. ment effort to promote "religion generally" would favor some Only recently have I gained enough perspective to realize religions over others. that my experience may have been of positive value. Growing In its second argument, the government would drain the up as a white male Christian in the American South afforded Establishment Clause of any real function separate from the me few oppottunities to experience what it means to be an Free Exercise Clause by forbidding only those governmental outsider to the dominant culture. promotions of religion that directly coerce individuals. Every Thursday for an hour, I had a glimpse. VOL U ME J '0 , NO . J 7

Encouraging Public Service Pamela B. Gann

aw school faculty have an obligation to prepare stu­ dents to assume the public service responsibility of L the profession. The following discussion describes the various programs in law schools to assist students to ac­ cept public service commitment so that students will see work for the public good not only as desirable, but as part of the normal course of their lives.

A Historical Context Thomas Jefferson introduced the idea oflegal education as a part of a university's liberal arts curriculum in order to nurture the development of future statesmen, legislators, and

judges to lead a republican nation I. This idea-that legal study was the best education for a public life and the success of republican institutions-had its origins for Jefferson in Montesquieu who thought that a republican government can be sustained only in a society of citizens who practice public virtue, which he "defined as the love of the laws and of coun­ try [that] requires a constant preference of public to private interest. ... " In pursuit of Jefferson's ideas, William & M ary College established the first American chair in 1799 in "Law and Po­ lice." At this time the word "police" indicated "public policy." The first holder of the chair was George Wythe, a distinguished Virginia lawyer, who taught law to such im­ mortals as Thomas Jefferson, John Marshall, and H enry Clay. Wythe received a salary of eight hogsheads of tobacco per year. This in-kind compensation was more desirable dur­ ing wartime inflation than the depreciating paper currency. Wythe's teaching emphasized political economy and public Professor of Law and Dean, Duke University. Dean Gann joined the Law School law. He established the teaching of constitutional law as a faculty in 1975, and began service as dean in 1988. From 1988 to 1991, she served subject of regular instruction. The British had an unwritten on the ABA Standing Committee on Lawyers' Public Service Responsibility This constitution. The United States and the various states had piece is a revised version of an article which originally appeared as The Deans' written constitutions, and Wythe foresaw that these written Roundtable: Encouraging Public Service, NC BAR QUARTERLY, Fall 1990, at 12. documents would cause constitutional law to play a more important role than had occurred previously. Most of the American colleges in existence at the turn of the nineteenth century followed Jefferson's example at Wil­ liam & Mary in appointing a professor of law to provide in­ struction in public law to develop political leadership for the new country. The first instruction in law ever presented at

IT hese historical materi als are derived from the legal history writings of former dean Paul D. Carrington. See The Revolutionary [tUa o/University Legal Education, 31 W M. & MARy L. REv. 527 (1990). 8 DUKE LAW MAGAZINE

Trinity College (the predecessor to Duke University) was given by President Braxton Craven in 1850, as part of the Law schools are concerned that students are liberal arts curriculum of the college. President Craven's aim beginning to incur too heavy a debt burden was not to train lawyers, but to lay a broad foundation in re­ sponsible citizenship for the further education of prospective generally, and that current debt burdens lawyers and nonlawyers alike. 2 eliminate employment options with the Law, law schools, and the legal profession have changed dramatically since those early days of legal education. Now, government and public interest organiza­ law schools house a professional program that requires the tions with low starting salaries. completion of undergraduate education as a condition of ad­ mission. Much of the content oflegal education is directed at training the students to be practicing lawyers. When students Estimated student cost for books, fees, and living ex­ begin their first classes in law school, the faculty at once penses is approximately $9,800 for each student. The total works with the initiates in the "new" vocabulary. They are year-long budget for a Duke law student, for example, is ap­ introduced to such legal lexicon as fee tails, usufructs, spring­ proximately $26,900. Each law school's financial aid statistics ing and shifting executory interests, the writ of mandamus, will vary. At Duke, which is the most expensive, the law pendent and ancillary jurisdiction, trespass on the case, res school itself awards scholarship grants covering approximately ipsa loquitur, and that most famous of all legal personae-the twenty to twenry-five percent of tuition receipts, and student Reasonable Man! loans cover approximately fifty to fifty-four percent of total The commitment to the professional aims of its students tuition. Total aid, Law School scholarships plus students' is matched in the best law schools by the aims of early legal loans, thus covers seventy to seventy-five percent of total tu­ education in the United States. Faculty anempt to introduce ition receipts. The average outstanding student loan indebt­ students to the broadest dimensions of knowledge about hu­ edness of the fifty-five percent of the 1990 graduating class man affairs and institutions, to overcome any student's incli­ who borrowed money to pay for their legal education was nation merely to seek training rather than education, and to approximately $45,000. open their minds to the implications oflaw for the human Regardless of whether students anend private or public condition. Educating students about their profession's public law schools, students increasingly depend upon student loans service responsibilities, whether accomplished directly by rather than scholarships. Students can sometimes reasonably working for government and other organizations that pro­ borrow because of increased starting salaries. The starting sal­ duce public goods, or by providing volunteer public service ary data for law firms who interviewed at Duke and provided while predominately in private practice, is a responsibility this information ranged from $32,000 to $83,000. that law school faculties are at pains to accomplish. Law schools are concerned that students are beginning to incur too heavy a debt burden generally, and that current The Realities of Education Costs and Beginning Salaries debt burdens eliminate employment options with the govern­ A comparison of the tuitions of North Carolina law ment and public interest organizations with low starting sala­ schools provides a useful example of the range of differences ries. In contrast to the private firm beginning salaries reported between public and private law schools: in the previous paragraph, the starting salary of an anorney at Legal Services of North Carolina is between $22,000 and SCHOOL 1991-92 TUITION $25,000. Campbell University $8,900 When one graduated from law school in the 1950s and Duke University $16.400 1960s, one could frequently begin to work for the govern­ North Carolina Central University (in-state) $1 ,100 ment at a starting salary higher than that of a private law firm. (out-of-state) $7,100 This held true until about the mid-1970s. In the 1980s, start­ UNC at Chapel Hill (in-state) $1 ,314 ing salaries at many firms jumped ahead of those for the gov­ (out-of-state) $8,676 ernment and public interest organizations. I believe that this Wake Forest University $11,650 wedge between returns in the private and public sector for the delivery oflegal services is a permanent discrepancy. I am not optimistic that legislators will be willing to increase the sala­ >The new addition to the Law School will house the Braxton Craven Room for Uni versiry Legal Education in recognition of the gift made by his great-grand­ ries of those who work in government or in legal services to daughter, Isobel C raven Drill, to honor President C raven. bring them into greater parity with those in the private sector. VOL U MEl 0 , NO . 1 9

Reaction of law Schools, law Students, and IOl TA In reaction to the financial factors that are eliminating Faculty attempt to introduce students to the government and public interest options for some law stu­ broadest dimensions ofknowledge about dents, the law schools, law students, and IOLTA have initi­ ated the following types of responses. human affairs and institutions, to overcome 1. Loan Forgiveness. The Duke Law School has estab­ any student's inclination merely to seek lished its own loan assistance program for graduating students training rather than education, and to open who accept jobs in the public interest, which includes, for example, working for legal services, public defender offices, their minds to the implications oflaw for the environmental organizations, and the goverment more gener­ human condition. ally. If a student's salary is below a specified amount, the Law School will pay all or a portion of the student's monthly student loan repayment to the bank. The students of all five law students. The School's faculty believe that a vigorous pro­ law schools in North Carolina have organized a consonium gram of public service during the normal academic year is the to establish a loan assistance program for graduates of these most effective way that law schools can encourage public ser­ schools who take public interest employment inside North vice on a career-long basis. Moreover, gening law students Carolina. The seed money for this program has been pro­ involved in public service work while in school is likely to re­ vided by a North Carolina foundation. This program is in move a number of barriers that inhibit later involvement as its initial stages and serves as a prototype program for other lawyers. Young anorneys often doubt that they are competent states. to handle cases different from those they handle as pan of 2. IOLTA Summer Student Fellowships. North Carolina their primary employment, and they fear that pro bono cases 10L T A provides each law school in the state with five sum­ will prove too costly in terms of their time and effon. mer fellowships to suppon students who accept public inter­ The need for additional legal services for those unable to est employment in North Carolina for the summer. Applica­ pay in North Carolina is great. As of 1988, North Carolina tions for these fellowships always exceed the number avail­ had 1.2 million persons living at or under 125% of the fed­ able. The reports from students who panicipate in these eral poveny line. At the same time, there were only 110 legal programs is always affirmative. All the law schools desire services anorneys--creating a legal services anorney/indigent additional funds to suppon summer public interest employ­ client ratio of 1: 11 ,000. In contrast, the private anorney/ ment of their students. North Carolina client ratio was 1:750. In our Triangle area, 3. Student-Funded Fellowships. Law students often raise for example, low or no-cost legal services are provided by legal funds from students and faculty to suppon the summer stu­ services offices in Raleigh, Durham and Hillsborough, along dent employment in public interest jobs. At Duke, students with their associated Volunteer Lawyer Programs and a vari­ who are working in private firms are encouraged to give one ety of private firms and nonprofit groups. These existing legal day's salary to these student-funded fellowship funds. Last resources still leave many without adequate legal services. year, Duke students pledged around $11,000. An additional $8,000 was received from the National Association of Public looking Toward the Future Interest Law, the Duke Law Alumni Council, and from Many of these efforts are fairly recent, and you can ex­ matching gifrs from private law firms. Some of the funded pect increasing law school innovation to address the need to summer public interest jobs included four public defender educate law students about (i) full-time public service em­ offices across the countty, Durham's Guardian ad Litem pro­ ployment; and (ii) the responsibility of every lawyer to pro­ gram, the Lawyers Comminee for Civil Rights Under the vide pro bono legal services throughout his or her career. A Law in Washington, D.C., the Legal Aid Society in New major challenge to all law schools is to address the financial York City, the Legal Clinic for the Disabled in Chicago, and factors that make full-time public service employment less the Christic Institute South in Durham. attractive alternatives for young lawyers. The legal profession 4. Voluntary Pro Bono and Public Services. Law schools has always provided significant participants and leadership in are also experiencing renewed interest among students to pro­ our public institutions. Many of our very finest lawyers have vide volunteer public service, whether legal or not, during the spent their lives in public service. Without the attention of regular school year. Typical nonlegal activities include chil­ the law schools and the profession, many talented young law­ dren tutoring, soup kitchens, and Habitat for Humanity. yers will no longer choose this path, with the consequence of The Duke Law School has established a Student Pro declining public institutions. We all need to take a substantial Bono Project to foster a culture of public service among more interest in these problems. 10 D U K E LAW MAG A Z J N E

Freedofll of Expression: Who Decides What is to be Published? David L. Lange

efore his story comes to an end, deposed Panama­ nian dictator Manuel Noriega promises to have B given Americans more than one lesson in what it means to live in a free society. One of those lessons lurks in the decision by the United States Supreme Court to uphold an order restraining Cable News Network from broadcasting tape recorded conversations between Noriega and his defense anorney. The Court's order had the formal effect of suppressing publication merely until a lower court could review the tapes to determine whether their broadcast might prejudice Gen­ eral Noriega's defense. In fact the lower court subsequently heard the tapes and lined the ban. Evanescent though the Supreme Court's ruling proved to be in its impact on this case, it was also a striking instance of prior censorship. And so the decision will deserve evalua­ tion and analysis for months, even years to come-indeed, until the Court finally has been persuaded, or forced, to re­ consider. The circumstances are no longer fresh; it may be useful to recall them so there can be no mistaking the issues. Some­ one (almost cenainly someone in the federal government) made the tapes improperly. Someone else gave those tapes to Cable News Network. Someone at CNN decided to air the tapes. So far, so good. Perhaps the matter might best be summed up this way: someone went too far, only to confront the press in its role as watchdog and whistleblower-all in accordance with the finest standards of free expression. But then things began to go wrong. For now someone else entered the picture-namely, Judge William Hoeveler, Professor of Law, Duke University. Professor Lange joined the Duke Law faculty in the federal judge assigned to try Noriega for complicity in the 1911 and teaches in the areas of intellectual property, entertainment and commu­ inter-American drug traffic. And Judge Hoeveler, acting on nications law. He has had substantial experience in radio, television, cable and motion by Noriega's counsel, decided to order CNN not to motion picture production, and has served as amember of the Governing Committee air the tapes until the coun had heard them, lest Noriega's of the ABA Forum on the Entertainment and Sports Industries. This article originally right to a fair trial under the Sixth Amendment to the federal appeared in a slightly different version in 1 ENTERTAINMENT LAw REV. 199 (1990). constitution be compromised. Eventually, CNN heard from the Supreme Court and acquiesced in Judge Hoeveler's order to submit the tapes for review. Judge Hoeveler heard the tapes. CNN was once again free to broadcast them. And Manuel Noriega was still on his way to trial, his Sixth Amendment rights presumably secure. Meanwhile, however, Americans had suffered a serious blow to free expression. VOLUME 10. NO.1 11

This was in fact a very ordinary case in First Amendment A cardinal lesson to be rememberedfrom terms. Nothing about it suggested even the remotest justifica­ the Noriega affair is that the rights ofeven tion for an order like the one Judge Hoeveler entered. He was right to protect General Noriega against prejudicial conduct. the most despised prisoner awaiting trial But his ruling on the tapes was a simple example of prior cen­ are sacred in a free society. sorship of the least defensible sort-that is to say, an order obviously calculated to avoid embarrassment or inconve­ nience to the prosecution of an awkward political case. How to respond to that possibility is the principal sub­ What was-and is--extraordinary about this case is the ject of this essay. But first it is necessary to pay appropriate Supreme Court's decision to allow Judge Hoeveler's order to respect to Judge Hoeveler's actions in this case. stand. Twice within the last twenry years the Court set aside One must take the judge's concern for the Sixth Amend­ lower court orders imposing prior censorship, first in the ment as seriously as he did. A cardinal lesson to be remem­ Pentagon Papers case in 1971,1 and then again in Nebraska bered &om the Noriega affair is that the rights of even the Press Association v. Stuart in 1976. 2 On each occasion, the most despised prisoner awaiting trial are sacred in a &ee Court reiterated that most elemental proposition in the society. Taping confidential conversations between lawyer Anglo-American theory of free expression, namely, that and client is itself despicable and cannot be condoned. orders imposing prior censorship can be justified only upon In the circumstances, then, Judge Hoeveler had to do a showing of urgent or compelling necessity. something. The offense was serious and deserved to be re­ No such showing was made in the CNN-Noriega case, dressed. The offenders needed disciplining, assuming their nor indeed could one be made. No one except CNN and identities could be discovered. Meanwhile, every appropriate the miscreants who made them had heard the tapes. No one step had to be taken to limit the damage actually done to the knew what they contained. defendant's case. But then (one might argue) wasn't that exactly the point? But was it appropriate to suppress the tapes themselves? Didn't the court have to hear the tapes to decide whether That is actually a question in two parts: first, should the tapes they should be suppressed? And didn't the tapes then have to have been published?, and second, whose decision was that to be suppressed at least until the court had heard them? What make? else could Judge Hoeveler do but order the tapes suppressed No one could know the answer to the first question until he heard them? without actually hearing the tapes. The likelihood that publi­ This was indeed the nature of the argument by the cation would damage Noriega's case was slight; the real threat Solicitor General to the Court in support ofJudge Hoeveler's lay in the possibility, indeed virtual certainty, that someone in order. The seven members of the Court who voted to uphold the federal government already had heard them and might the order gave no explanation for their ruling, but one sup­ thus have become privy to confidential plans laid, entirely poses that they too must have been moved by logic more or appropriately, between Noriega and his counsel. Airing the less of this sort. tapes would have seemed unlikely to prejudice the defendant Reasoning like this proceeds on the assumption that further. Meanwhile, there might be some value in bringing courts simply must hold and exercise the ultimate power to their contents under public scrutiny. And yet again it must decide whether expression may be published or not. Of be said: no one could be certain without hearing the tapes. course no one argues that courts should act as censors. But But do not suppose that what has just been said is in any surely, the argument runs, courts must hold power over ex­ sense at all a justification for Judge Hoeveler's ruling. No one pression to the extent necessary to discharge the legitimate who had not heard the tapes could know whether it would be functions which are othetwise part of their jurisdiction. fair or responsible to air them. But we can be certain whose This is the logic behind the Court's ruling in the CNN­ decision that was to make, and it was not Judge Hoeveler's. Noriega case. But it is also the logic of censorship since the In a free society that decision belongs not to courts but to beginning of recorded history. And it is up to all who prize individual citizens alone. &eedom of expression to join in condemning it. Perhaps there may be some cases, few in number, in Make no mistake about it: innocent as the circumstances which a threat to the national welfare is so grave and so im­ may make it seem to be, this is not some minor league skir­ minent as to warrant an exception to this basic proposition­ mish. This is a full-fledged, no-holds-barred struggle for the an exception one understands to be grounded less in law than in elementary and exigent common sense. But no one pre­ 'New York Times Co. v. United States. 403 U.S. 7 13 (9 171) tends that that was the situation in the CNN-Noriega affair. ' 27 U.S. 539 (1976) . 12 D U K E LAW MAG A Z J N E

right to control what is published in America. What is yet to could expect judges to decide that the law is in accordance be seen is whether it will be recognized for what it is, and with the conduct I advocate here? whether individuals in sufficient numbers will be able to Would that mean jail? Possibly. Substantial fines for con­ summon the courage and determination to do something tempt? Probably. But these were risks John Peter Zenger was about it. willing to face. He understood that jail and free expression go For this is not just CNN's fight. The right to decide hand in hand. From Zenger to Nadezhda Mandelstam to what is to be published is fundamental in a free society. And Vaclev Havel, free men and women the world around have it does not belong solely, or even primarily, to the working come to understand that sometimes jail is the price one pays press-to the media. It belongs to everyone. for practicing freedom of expression. Indeed, among the most dangerous political errors of this Meanwhile, let it be equally understood: American coutts age is the wholly misguided notion that the institutional press do not relish confrontations with the press. Unless the adver­ somehow bears a separate place in the constitutional system sary acquiesces, coutts always lose in these encounters. Couns of free expression. The decision to publish is a matter for in­ lack what the press has: immediate access to that ultimate fo­ dividual responsibility. The press may seem to have a separate tum of review which is to be found alike in the common sense role to play, but that is merely so because the individuals who of the American people and in our common commitment to exercise this responsibility most ofren are in fact working the practice of free expression. journalists. In the end, however, journalists are merely citi­ What do we mean by "the practice of free expression"? zens; all are responsible individually, and responsible solely to Freedom of expression in America is not finally a question of themselves. The press, then, is finally nothing more than a theory, nor merely a matter of right or entitlement. Freedom matter of individual conscience, an obligation as solitary and of expression is what Americans are, what we do, how we as burdensome as the obligation to vote-which in a sense it think, the way we act. resembles. And so the question is: how should we act now that the So it is profoundly disturbing to realize, in the CNN­ Supreme Court of the United States has allowed an order to Noriega affair, that an opportunity may have been missed stand, even momentarily, that presumes the right to silence us? to show exactly what it is that freedom of expression must As Mr. Justice Black said of the injunctions against the press in mean, if it means anything: not freedom from prior restraint the Pentagon Papers case, so here too: every day this ruling is only when and to the extent that a judge respects that free­ validated through acquiescence or silence is a day in which dom on balance and under appropriate theoretical con­ freedom of expression is diminished, in "flagrant, indefensible, straints, but rather freedom from prior restraint, period. and continuing violation of the First Amendment." How, then, should a responsible individual have acted? Of course effons should be mounted to correct the mis­ Perhaps it would be presumptuous to speak for the journalists taken assumptions implicit in the Court's ruling. Two mem­ at CNN in this case. But one can say with some confidence bers of the Coun-Justices Marshall and O'Connor-under­ what a journalist with courage and conviction-a journalist stood that what the majority did was wrong in theory. It is not like John Peter Zenger, for example-would have done in too much to hope that others eventually will join them. Mean­ similar circumstances. He would have listened to the tapes while, however, we must recognize that circumstances like and decided for himself whether they should be published. these will not wait for theory. Inevitably an issue like this one And had he concluded that they should be, then no order will present itself again-and probably sooner rather than entered by any court in America would have stopped him. later, given the Coun's ruling in the CNN case. Now fore­ He would have published the tapes. He would have con­ warned, we must be prepared to act decisively. tinued to publish them when challenged. He would have The next such occasion must not find responsible indi­ continued to publish them when ordered to stop. He would viduals frozen in attitudes of awkward compliance with an ab­ have published them, indeed, until every word he thought stract logic that simply cannot be allowed to go unchallenged deserved airing had been aired. And only then would he have in a free society. Next time-while the coutts dither and turned to the secondary business at hand: not merely to bicker and balance-someone must decide quietly to step persuade some court of review that he ought to have been forward, to stand up for the freedom of expression that cannot permitted to publish in the first place, but also to proclaim exist in the absence of just such individual commitment­ publicly, again and again, that in America individuals, and and to publish or not, solely according to his or her own not courts, decide finally what is to be said and printed and conscience. broadcast. This is a lesson Manuel Noriega might not understand. Would this be in accordance with the written law? Cer­ It is a lesson Americans-and free citizens everywhere-must tainly not. The law presupposes an obligation to comply with never forget. orders issued by couns. How could it be otherwise? Who

14 D U K E LAW MAG A Z 1 N E

New- Faces at the Law-School

wo new administrators began tutes for the Southeast Region in 1986 work at the Law School on and 1987. At Emory, Dean Sockwell T January 1, 1992: Susan L. also coached their national champion­ Sockwell as Associate Dean of Student ship student moot court team and ad­ Affairs and ElizabethJ. Gustafson '86 as vised the moot court board. Director of Admissions. A native of Chapel Hill, North Susan Sockwell replaces Associate Carolina, Dean Sockwell is a graduate of Dean Gwynn T. Swinson, who has been Gonzaga University School of Law in with the Law School since 1983. Dean Spokane, Washington and the Univer­ Swinson took a leave from the Univer­ sity of Virginia. She previously was in sity to spend a year in Japan, where her private law practice in Atlanta, clerked husband, Percy Luney, adjunct professor for Judge Albert Henderson of the oflaw at Duke, is pursuing a Fulbright United States Court of Appeals for the Award at Kobe University. Eleventh Circuit, and taught legal writ­ ing and research at the University of Virginia Law School. Dean Pamela Gann reports that "the Law School conducted a national Elizabeth J. Gustafson '86 search for the Associate Dean of Student Affairs who must manage all aspects of The Law School presently has a total student affairs, including admissions, student body of 630 students; each year financial aid, counseling, student con­ approximately 195 students enter its first duct, and student organizations. Dean year class. In 1990-91, Duke received Sockwell possesses extensive experience over 4,200 applications from students in in dealing with student affairs at other every state and several foreign countries law schools, and will bring both to the for its entering class. Dean Gann notes Law School specifically and the Univer­ that the Law School also "conducted a sity more generally, excellent adminis­ national search for the Director of Admis­ trative talent and leadership for handling sions. The Law School faculty cares most student issues at Duke at a time when of all about the quality of its students and student issues are taking up more and the members of its faculty, and considers more time of academic administrators." the Director of Admissions the key per­ A new Director of Admissions also son in attaining the best possible class Su san L. Sockwell joined the Law School in January. Liz each year. We are delighted that Liz Gustafson received both her under­ Gustafson has agreed to accept this posi­ Dean Sockwell comes to Duke from graduate and legal training at Duke Uni­ tion, for she understands the Duke Uni­ Emory University School of Law in At­ versity. She was a clerk for Judge John versity and Law School experiences, and lanta, Georgia, where she has been assis­ McAuliffe of the Maryland Court of Ap­ should therefore be a superb recruiter. tant dean and adjunct professor since peals and has practiced intellectual prop­ She has also had extensive professional 1986. She also served Emory as direcror erty law at Dow, Lohnes & Albertson in legal experience so she will be able to help of student affairs from 1984 to 1986 and Washington, D.C. since 1987. Her hus­ applicants and newly admitted students was the director of the Council on Legal band, Mark Gustafson '86, is working in determine what type oflaw school experi­ Education Opportunity Summer Insti- the Duke University Counsel's Office. ence they should achieve." VOL U M E 1 0, NO. 1 15

Volunteer Pro Bono Project Established

uke Law School has estab­ choosing to continue a placement after a lished a voluntary pro bono semester. program to encourage and In addition to soliciting placements D and publicizing them to the students, the help students volunteer their services to the community in response to student Pro Bono Coordinator counsels students and faculty interest in pro bono work. to help them select or design a place­ Duke's commitment to public interest is ment. "Sometimes students arrive having consistent with that of the American Bar read the placement list with a decision Association and a growing number of already made. When students do not law schools across the country. The ABA know what they want to do, I interview has called upon lawyers to commit at them regarding their background and least fifty hours per year to pro bono interests to help them set priorities work, and at least ten other law schools among the available placement opportu­ have established a public interest compo­ nities. If they have interests which are nent. not already available on the placement The primary purpose of the pro- list, I find a new placement for them." gram is to make students more aware of ~ Spruill is also careful to counsel first year the delivery oflegal services for those !l students to make sure that their place­ who do not have full access to the judi- Carol Spruill ment choices allow them time to handle cial system. Students who will make their academic load. public interest work a career will have an the subject matter encountered, and the As the first semester of the project opportunity to demonstrate their early time commitment required. Though ended in December, Spruill was prepar­ commitment. Those students who will both legally related and non-legal place­ ing to formally evaluate the program enter private practice will learn to carve ments are available, Spruill reports that ftom both the students' and the agencies' out part of their time for the public most students have chosen legally related perspective. She reports, however, that good, and will have a chance to experi­ placements. They include legal services early feedback ftom both sides has been ence a different legal setting. The public programs, the district attorney's office, positive. "The students have been very will, of course, also benefit from the the North Carolina Attorney General's excited about what they are doing, and contributions of these students. Office, non-profit agencies, and private the agencies have been thankful for the The School has hired Carol Spruill law firms doing pro bono work. help they are receiving." The number of as half-time Pro Bono Coordinator to Job functions performed by the stu­ placements continues to increase. As of establish and run the program. She dents include research, client contact, mid-December, eighty-one matches had worked in Legal Services for fifteen years, policy analysis, document preparation, been made, including students who seven as Deputy Director of Legal Ser­ investigation, trial preparation, in-court began their placements in the fall and vices of North Carolina, and she also has assistance, interviewing and certified in­ those who have signed up for the spring a wide variety of experience with non­ court representation. The placements semester. profit organizations and bar associations. vary in the amount of time which a stu­ Spruill found that the Law School Reflecting a broad definition of pub­ dent must commit, though Spruill has already had an excellent reputation for lic interest, the program provides a wide asked both the students and the agencies providing highly competent students. variety of placement opportunities in the to commit for a semester at a time and This project is increasing and enhancing type of agency requesting the students' on average the placements require at least the Law School's reputation for service services, the activities to be performed, a half day per week. Many students are within the community. 16 D U K E LAW MAG A Z 1 N E

Making Public Interest Work Possible

he Student Funded Fellowship Washington D.C.; the Guardian Ad Ilene Weinreich '93 worked at the (SFF), a non-profit student run Litem Program in Durham, North Legal Clinic for the Disabled in Chicago T corporation, was created at Carolina; the Legal Aid Society in New during the summer of 1991. She also Duke Law School in 1978. The corpora- York City; the Legal Clinic for the Dis­ feels that she tion is run by an elected student board of abled in Chicago, Illinois; and the could not directors; members of the corporation Christic Institute South in Durham. have taken include students and faculty who make Fellowship amounts are based on bud­ the job were contributions. SFF seeks to raise money gers submitted by applicants. it not for for fellowships to law studenrs to work in Diana Younts '92 worked in the San SFF, and public interest jobs during the summer. Francisco Public Defender's Office last she describes For many students, SFF-funding makes summer, which she describes as "a great her experi­ it possible for them to work in public oppottunity that would have been im­ ence at the interest jobs, since the majority of these possible without SFF." She was assigned clinic as internships pay little or nothing. For stu­ to one attorney whom she assisted in all "eye-open- dents with large educational loans, the phases of the job and who relied on her Ilene Weinreich '93 ing-I am lack of money might otherwise steer exclusively for all legal research. Younts much less them away from low-paying or non-pay­ notes, however, that while she greatly idealistic than before I worked at the ing jobs in the public interest. enjoyed her experience in the Public clinic." She feels that her work in the SFF raises money from law students Defender's clinic was worthwhile, that she is more and faculty and through matching gifts Office, "I sensitized to issues involving the dis­ from law firms. The Law Alumni started my abled, and that her employer was ex­ Council has also been making an annual third year of tremely grateful for her services. gift to SFF. Duke's SFF is affiliated with law school Weinreich's most memorable experi­ the National Association of Public Inter­ without a ences involved interacting with clients­ est Law (NAPIL), which provides some job offer doing intake interviews, investigative in­ funding, resource information and from a pri­ terviews, and writing letters on their fundraising ideas. vate firm. behalf She has not decided whether to In 1978, SFF raised almost $1300. And al­ continue in the public interest field as a Since then, the amount of money raised though career, and so plans to work for a private each year has consistently increased, as Diana Younts '92 I might law firm next summer to gain a variety has the number of applicants vying for not have of legal experience. fellowships. In 1990-91, SFF raised ap­ accepted any possible offers ftom firms, Jamie Yavelberg '93 interned in the proximately $19,000 providing funds for it would be nice to have the security of civil division of the N ew York Legal Aid ten students (out of twenty applicants) an offer, especially in the current job Society, where she dealt with landlord­ for the summer of 1991 in a variety of market." tenant and public benefirs cases. She, jobs. Funding decisions are made by the Younrs cautions that "if studenrs are too, has not decided whether public board of directors with the guidance of serious about public interest work as a interest work will be her primary career contributors. Last summer, SFF-funded career, it is important to do some public focus, though she is sure that public positions included: four public defender interest while in schoo!. Many public interest will figure in her future to some offices (Barre, Vermont; Richmond, Vir­ defenders offices, for example, will not degree. "I think working for the Legal ginia; Miami, Florida; and San Fran­ seriously consider applicants without Aid Society was more interesting than cisco, California); the Lawyers Commit­ previous public service for the limited some of my classmates' jobs in private tee for Civil Rights Under the Law in job openings for recent graduates." firms. I was given a lot of responsibility VOLUME 10 , NO.1 17

and diverse assignments." She notes that Because the AILC was staffed by Her experience has also made her inter­ the greater responsibility not only made native Americans, Epps notes that he was ested in doing volunteer legal work the job more a minority figure learning about a differ­ which she is challenging, ent culture as well as a different field of pursumg­ but it also law. In addition to substantive law, he as much as allowed her learned much about the size and diver­ time al­ to work on sity of the Native American population lows-in professional as he taught pre-law students from all Raleigh. commUnIca­ over the country. He also discovered SFF mem­ tion skills. "what law as a career can mean to people bers are In addition, from humble backgrounds who are very proud to "my work determined to use law as an instrument have made reinforced for social change." possible the Jamie Yavelberg '93 my sense of Epps reaped additional benefits Peggy Force '88 work that its professional rrom the fellowship since it put him in a fellows have responsibility-an important compo­ position to take a job mer his second done. However, they look forward to nent of which is the obligation of an at­ year as a clerk at the Federal Public accomplishing much more in the future. torney to do pro bono work throughout Defender's Office in Albuquerque work­ In order to fully meet its purpose, SFF her career." ing in the area ofIndian law criminal must be able to increase its fellowships as Garrett Epps '91, who is now serv­ defense. He considered this to be "a the costs ofliving and education in­ ing the Honorable John Butzner as a wonderful job for which the previous crease. Right now, SFF is barely able to judicial clerk on the Fourth Circuit exposure was important in getting the provide the minimal funding that its ap­ Court of job." Still further career benefits could be plicants request, and SFF officers are Appeals, ac­ forthcoming as he notes that the experi­ working to increase funding sources. In cepted a fel­ ence "gave me a resume line that is very addition, SFF and other student organi­ lowship useful in persuing legal teaching jobs zations at the Law School are working to rromSFF since I was actually teaching Native increase the resources available to stu­ duting his American students." And, last but not dents about the opportunities that exist first-year least, he notes that "it was lots of fun!" in the public interest field, to increase the summer to Peggy Force '88, now in private number of Law School courses offered work for the practice with a law firm in Raleigh, also which pertain to particular public inter­ American appreciated having a fellowship from est areas, and to provide the student Indian Law SFF during her first summer that made body with greater exposure to the public Center Garrett Epps '91 it possible for her to work for legal interest field. (AILC) in services in Durham which had no fund­ Albuquerque, New Mexico. He de­ ing for summer clerks. In addition to Sarah Nussbaum '92 & scribes the Center as a legal "think tank" learning lawyerly skills by interviewing Lawrence Gould '93 for American Indian tribes where he clients, doing legal research and sitting in Co-Chairs, Student Funded worked as a legal writing tutor for Native on court and negotiating sessions, she Fellowship American pre-law students as well as do­ gained "insight into legal assistance pro­ ing research on Native American law. grams and different areas of the law." 18 D UK E LAW MAG A Z IN E

Black laW" Students Association "Adopts" Housing Project

na continuing effort to support the Durham community, Duke's I Black Law Students Association (BLSA) has started a community out­ reach program for youth ages three to seventeen at a nearby public housing project. The program began this past fall, and is designed to provide social and educational support through role model­ ing, mentoring and tutoring at Damar Court, located less than one mile from the Law School on Morreene Road. The program is officially chaired by second-year law student Thaxter "I enjoy spending time with the kids Cooper, and was organized and coordi­ at Damar and I think they are glad to nated through the efforts of third-year have us around," says Foster, who taught law students Sam Starks, Lisa Evans, and arts and crafts at Damar last summer. Hank Mims, along with first-year law "These kids are vety special to me and 1 student Erica Foster. "This project is our am looking forward to spending a lot of with the feedback we have gorten from way of giving something back to the time with them over the next two years." the Damar community," says Cooper. black community," says Mims, president "Although the project at Damar BLSA students hosted a holiday of Duke's BLSA. "I see it as a permanent Court has just gorten off the ground, party for Damar Court children in De­ project-something that BLSA will con­ 1 am vety pleased with the support we cember, providing gifts, refreshments, tinue to do well into the future." have gorten from BLSA members and games and lots of fun. "The Christmas party was our way of introducing the kids at Damar to the BLSA members who will provide them with mentoring and tutoring throughout the school year," says Cooper, who has paired each BLSA member with a Damar Court youth.

Text & photos by Sam Starks '92

20 DUKE LAW MAGAZINE

Blue Devil in Tarheel Country Alumnus Profile of Paul Hardin, III '54

espite the impression one the cost of " a lor of extra might have received from the schooling." Hardin en­ D spectacle of Duke basketball rolled in the combination fans razzing the UNC Tarheels at the program, and began his NCAA Final Four Tournament in 1991, legal education in 1951. ties between the two schools can be close Law school was the and cordial. Perhaps no one symbolizes right choice, for Hardin this relationship better than the Chancel­ found the subject matter lor of the University of North Carolina stimulating. "I went at Chapel Hill, Paul Hardin, III. A 1954 through undergraduate graduate of Duke Law School, Chancel­ school dutifully and stud­ lor Hardin is a "double-Dukie," having ied hard because it was also received his undergraduate degree expected of me ... But I from Trinity College in 1952. don't think I really caught While students at both Duke and fire and studied for the Carolina might feel loyalty-bound to fun of it until I got to law shudder at the thought of a two-time school. I really enjoyed law Blue Devil filling the top slot at UNC, study." Hardin's law class Chancellor Hardin's ascent is character­ was quite small-fewer istic of the high caliber of education than fony students-with which UNC-CH and Duke together a faculty of fewer than provide to North Carolina and the twenty. "We got to know world. As Hardin himself says, "I think each other extremely well. that Duke and Carolina are so good for We had incredible personal each other being ten miles apart. I think attention from the fac­ Duke is as good as it is partly because ulty." Given his environ­ Carolina is here; and Carolina is as good Chancellor Paul Hardin, III ment, his efforts and his as it is partly because Duke is there. We interest in the law, Hardin strive to keep up with each other. We Hardin. Initially enrolling as a chemistry excelled. Already a Phi Beta Kappa as an compete in a friendly way and we cooper­ major, he later switched to English be­ undergraduate, he led his class and was ate and the cooperation doesn't get as cause "I loved to read and I cared about selected editor-in-chief of the Duke Law much attention as the competition ... the language." However, even with the Journal But the cooperation is remarkable." change, Hardin knew that he wanted Not surprisingly, Hardin's wife, Chapel Hill's proximity to Duke is one more than just a baccalaureate degree. Barbara, is also a Duke graduate. They factor which Hardin says attracted him In the 1950s, it was possible at met at a lake one summer when Hardin to his current post. Duke to enroll in what was called an was already attending Duke and Barbara "Academic and Law Combination." was to be an incoming freshman. "I was Carolina Roots Students in this program entered Duke waiting for her to get to Duke-she had Hardin was born in Charlotte, Law School afrer their third year of col­ attracted my attention the summer North Carolina, the son of a Methodist lege and received both the B.A and the before ... " says Hardin. Their affection minister. When it came time to choose a J.D. degrees in six years. This program survived time and the rigors oflaw university, "[It] never occurred to me to had particular appeal for Hardin, who school, and they were married on June 8, go anywhere else [but Duke]," says did not want to burden his father with 1954, the day afrer they both graduated VOL UME 10. NO . 1 21

from Duke. Barbara's father was also a University President Chancellor ofUNC's prestigious Chapel Methodist minister, and the ceremony It was in 1968 that Hardin's career Hill campus. Hardin was chosen follow­ was held in his church in Rocky Mount, in university administration began, when ing an eight-month search that attracted Nonh Carolina. he was invited to become President of over one hundred other candidates for Because the Korean War had re­ Wofford College in Spartanburg, South the job. He gives a variety of reasons for cently ended, the draft was still in effect. Carolina. Jokingly, Hardin says that his decision to return. Having presided Hardin volunteered for induction, ap­ "People come to me sometimes and say over private universities previously, Hardin plying for a commission in the Judge 'How do I get to be a university presi­ was curious about heading a public insti­ Advocate General's Corps. When the dent?' and I say 'I don't have the slightest tution. He also has several grandchildren commission was slow in coming through, idea.' Because it seems to have happened in Durham. "But the main thing that Hardin declined to accept it, opting to by accident in my case." According to attracted us [Barbara and me]," he re­ conclude his enlisted service in rwo years Hardin, in the 60s lawyers made attrac­ calls, "was the opportunity to return to because "I was anxious to get my mili­ tive candidates as university presidents our native state, and to head this incred­ tary service behind me and get back into because "those were the days of campus ibly fine flagship University. In rwenty practice." unrest. Law professors were credible to years ofliving outside Nonh Carolina, I Hardin first practiced as a trial law­ faculty because they had written articles became aware in many ways that a very yer with the largest law firm in Birming­ and books and they were scholars so they substantial part of the positive reputation ham, Alabama. He enjoyed being a liti­ had the faculty credentials. But they were of this state in the other fotty-nine states gator and describes trying jury cases as also credible to trustees because they had is based on UNC-Chapel Hill. It is a "recreation." After rwo years of practice, experience in dispute resolution ... " majestic place in reputation around the Hardin was invited to spend a year teach­ Hardin notes that part of his interest in country... I couldn't resist." ing law at his alma mater by then-Dean going to Wofford was that "I was at­ Hardin has certainly had his work Jack Latty. Refusing initially, Hardin tracted to the campus in part because I cut out for him. His first year as Chan­ gave in to Dean Latty's persistence after had been observing student unrest and cellor coincided with the beginning of a discussing the matter with his firm's se­ had some ideas about dealing with it." fiscal shortfall which has brought three nior partner, Douglas Arant. Arant was Although before going to Wofford, consecutive years of budget cuts through­ sympathetic; he himself had always re­ Hardin's administrative experience at out the UNC system. For this reason, gretted turning down a similar offer Duke was limited to recruiting law stu­ the University has had to turn increas­ from his own alma mater, Yale, many dents, placement activities, and the occa­ ingly to private grants and funding. In years before. With an open offer from sional trip on behalf of Dean Latty, he this area, Hardin has done well, and his Arant to return to the firm "anytime you took to his new career and, characteristi­ tenure has seen a dramatic increase in the want to," Hardin started teaching at cally, excelled. In 1972, he lett Wofford amount of private funding of research at Duke in 1958. Douglas Arant's promise to become President of Southern Meth­ UNC-CH. He is also taking care to see was not an empty one; sixteen years later odist University in Dallas, Texas, where that funds are allocated to fields appro­ when Hardin stepped down as President in rwo short years he raised the average priate to the times. He foresees growth in of Southern Methodist University under SAT score and balanced the budget. His international, interdisciplinary research, highly publicized circumstances, Arant highly ethical nature led him to resign particularly in the health and social sci­ called to say "Are you ready to come back' from SMU in 1974, after a disagreement ences, as well as in the humanities. He Full parmer, Monday morning, and with trustees caused by his reporting and also points to an increasing need to you'll be in charge of the trial practice." correcting violations of NCAA rules. understand Eastern Europe and Latin Hardin's scheduled one-year leave After teaching law for a semester at America. Despite the financial squeeze at of absence to teach at Duke turned into the University of Virginia, Hardin went UNC, Hardin also recognizes the neces­ ten. During this time, he taught all on to become the President of Drew sity of attracting and keeping top quality around the legal curriculum, though it University in Madison, New Jersey-a faculty and staff, strengthening the li­ was tons that he found most interesting. post he held for thirteen years. During braries, and upgrading information tech­ Also during this period he co-authored his tenure at Drew, Hardin was able to nology throughout the UNC system. casebooks on criminal justice and evi­ increase the school's endowment and When asked to compare his role at dence and conducted Ford Foundation­ build rwo library complexes. UNC with his experiences heading pri­ sponsored comparative law studies in vate universities, Hardin explains that as Scotland, Jamaica, Canada and Nigeria. Returning to the Tarheel State the chancellor of a public institution not But the future still held more opportu­ In 1988, Hardin returned to North only does he have to deal with all the nities for Paul Hardin. Carolina to take up his current post as complexities of a private university- 22 DUKE LAW MAGAZINE

faculty relations, student relations, fund becoming chancellor at UNC-CH, "be­ generalists in my day, both in law study raising, parking problems, etc.-but he cause 1 was known to many of the influ­ and law practice. Specializing probably also has to cope with "layers of state ential people at UNC through my long­ makes one better equipped to serve the responsibility and state accountability standing Duke experience." client, but maybe it's not quite as much that are also very complex." These Chancellor Hardin still loves the fun ... " include relations with the executive and law, and is a tenured professor at Carolina's Although Chancellor Hardin finds legislative branches of the state govern­ Law School. "I would love to teach . . . his UNC duties require total commit­ ment, and with other arms of the UNC but teaching law is not compatible with ment, he has stayed close to Duke. Even system. Although his duties are many this job. This job is twenry-four hours a after leaving the Duke faculty, he served and varied, Hardin nevertheless con­ day, seven days a week." Although Hardin on the Duke Board ofTrustees for sev­ siders that "the most impottant issue to has not taught since his semester at the eral years. This past October, he was me at any college or university is the University of Virginia, he still tries to named by the Law School as the recipi­ quality of the academic enterprise and visit the law school occasionally to talk ent of the Charles S. Murphy Award, the teaching and learning process that with law students "about the study of honoring his outstanding devotion to goes on between the faculty and stu­ law as a preparation for life, not only for public service and his dedication to edu­ dents. That is my major concern, my law practice, but for whatever else you cation. (See article on page 30.) His major emphasis no matter where 1 am." do, including maybe being a chancellor three children are also Duke alumni­ Whatever Hardin is doing for UNC at of a university." including son, Russ Hardin '82, a gradu­ a given moment, he finds it engaging. Careful to avoid sounding critical of ate of Duke Law School-as are his two "I don't remember ever having been the changing nature of the legal profes­ sons-in-law. And in sports, despite his bored since I've been here." sion, Hardin does seem disappointed in current position, he admits to being an Hardin acknowledges that his Duke what he perceives to be a decline in the incorrigible Blue Devil fan against all Law School days have served him well, degree to which students and lawyers teams but Carolina. One can only hope both in terms of dispute resolution ("I enjoy the law. "I don't find law students that if a T arheel ever comes again (Sena­ am the court of last resort and appeals in having that much fun ... and 1 see a lot tor T erty Sanford, former President of student discipline and faculty discipline of people looking on law practice as a Duke, was, indeed, a graduate ofUNC) and grievances of one kind or another") good living, but drudgery, hard work to fill the top slot at Duke, he or she will and in terms of the mental discipline and and not as much fun." Yet he recognizes be as well-qualified and as devoted to personal relationships gained in Law that legal education has kept up with the both schools as is Chancellor Paul School. "My Duke legal education not changing nature of the practice. "I think Hardin, III. only prepared me, 1 think, for any kind the current generation oflaw students of career you can imagine ... but it was are so smart and the current lawyers are also an excellent preparation for a highly so well equipped and well trained. They Colin Jones 93 fulfilling personal life. " According to are much more specialized. Even though Interview by Pamela Lohr 91 Hardin, his Law School relationships 1 was a trial lawyer, 1 did some non-trial were at least partially responsible for his work. 1 think that we were a little more VOL U ME f O. NO . f 23

Forging Ahead Faculty Profile of Paul H. Haagen

"I remember how fulfilling it was to best fit as far as "what they would let me watch something so rigid and clear do, the quality of the school and the in its form, gradually change in quality ofliving. We thought coming to shape, size and utility." It is not his new Duke would be an adventure." He was position as Senior Associate Dean for also excited about living in North Caro­ Academic Affairs that Professor Paul H. lina, because his parents had bought a Haagen describes but rather his unusual farm near Sparta in the Nonh Carolina interest in blacksmithing. While a gradu­ mountains, where they live for six months ate student, Professor Haagen attended a of the year. folk school in western North Carolina Professor Haagen came to Duke in where he developed an interest in metal­ 1985, and has divided his teaching du­ working. "Smithing is one of the more ties between contracts and legal history. strenuous forms of artistic expression," His principle research interests are in the he notes, "where, ultimately, the physical social history of law. To date, his most coordination, stamina, and perseverance ambitious project has been his first book, of the artist is reflected in the work." In ~ Neither a Borrower, Nor a Lender Be, a many ways, Paul Haagen has used the .!l study of the use of imprisonment against lessons he learned from this ancient folk Paul H. Haagen civil debtors-the first significant use of art to forge ahead in his role as Senior imprisonment in the English-speaking Associate Dean of the Law School. periences of my life," he notes. But de­ world. spite an early invitation to interview with The Apprenticeship the University of Southern California Becoming a Dean Professor Haagen received his aca­ Law School during his judicial clerkship, In choosing a Senior Associate Dean demic "hammer and anvil" from institu­ he decided that he wanted to spend to replace Roben Mosteller who com­ tions such as Princeton (with an M.A. some time in practice. He explains, "I pleted his term on June 30, 1991, Dean and a Ph.D. in History) and Oxford thought then, and continue to believe, Pamela Gann looked for someone with (where he was a Rhodes Scholar). His that it is very difficult to teach law with­ "extraordinarily good judgment" and legal apprenticeship was spent at Yale out having some experience practicing it. "someone in whom faculty and students a.D. 1982) where he was editor-in-chief I also had a lot of fun practicing and was would put a great deal of trust." Dean of the Yale Law and Polity Review and reluctant to give it up." Gann notes that being Senior Associate associate editor of the Yale Journal of After a couple of years with Dechett Dean requires an understanding of the Worl.d Public Order. After clerking for Price, however, he realized that the time culture of Duke and how it interplays the Honorable Arlin M. Adams of the was right for a change. He put his name with administering the curriculum. The United States Court of Appeals for the in the registry of the Association of Associate Dean must "work closely with Third Circuit, Haagen worked as an as­ American Law Schools and went to Chi­ individuals, both faculty and students, sociate at Dechert Price & Rhodes in cago to interview. It was, he recalls, quite on matters that are very imponant to Philadelphia. an experience. "At the same time in the them; making hard decisions while still At the time he entered Yale, Profes­ same hotel, there were several hundred keeping their trust and goodwill." sor Haagen believed that eventually he very serious looking lawyers and law pro­ According to Dean Gann, the Se­ would go into law teaching. He had fessors, several dozen young women in nior Associate Dean spends a majority of loved teaching when he was a graduate swimsuits interviewing with Playboy to his time "dealing with student issues per­ student at Princeton and had research be "Playmate of the Month," and a rau­ tinent to academic matters." He is also interests that he wanted to follow. Noth­ cous parrot in the lobby making dispar­ responsible for "organizing faculty mat­ ing in law school changed his mind. aging comments about all of them!" ters intrinsic to the curriculum; from "My three years at Yale Law School were After receiving Duke's offer, Haagen setting course schedules to addressing among the most exciting intellectual ex- concluded that Duke seemed to be the student complaints about faculty con- 24 DUKE LAW MAGAZINE

duct. Ninety-five percent of the issues for their cooperation and patience dur­ book review of a number of studies on the dean faces will be routine administra­ ing his time of adjustment. The feeling is the history of economic regulation and a tive emergencies; however, to deal with returned by the students, notes Ed Trent paper on the United States Supreme the remaining difficult and/or highly '92, president of the Duke Bar Assoc­ Court for a Taiwanese research institute. sensitive problems, the dean must pos­ iation. "Dean Haagen is very much a After completing his forthcoming book sess the compassion inherent in a good students' dean. He is very friendly and on imprisonment for the University of educator." conscientious. He has made my job easy North Carolina Press, he plans to start a Haagen was first approached with because he listens to student concerns long-term research project on conscrip­ the proposal to become Senior Associate and input. The students are fortunate to tion and societal understandings of the Dean on the morning of his tenure vote have a dean as approachable and accom­ duties of citizenship. He hopes to ex­ in the fall of 1990. "I took it as a good modating as Paul Haagen." plore "when societies can compel various sign that the Dean expected things Outgoing Associate Dean Robert kinds oflabor" i.e., "debates surrounding would go well for me at the faculty meet­ Mosteller, who held the position for two national service requirements and, more ing," he remembers. He did feel some years, "len an incredibly well-organized specifically, the draft." ambivalence, however, knowing the po­ set of instructions" regarding the dean­ sition would be time consuming as well ship, Haagen notes. He reflects that Bob In Off Hours as demanding. He acknowledges that Mosteller was his support and anchor in The bulk of Professor Haagen's nee both these initial concerns have been the initial days, taking questions and re­ time is spent with his family-his wife, well realized over the past few months. marking on trouble spots he encoun­ Lucy, and their two sons, Jonathan (age Haagen recalls that he had several tered during his tenure. Mosteller also ten) and Christopher (age seven). Rais­ thoughts when considering whether to len Haagen the advice to develop a sense ing his two sons is the principle focus of accept the position. After assessing his of humor about his job even when, in his non-Law School activity. At present, academic career, he felt ifhe were to be some cases, humor is not readily forth­ Lucy Haagen splits her time between Senior Associate Dean at Duke, this would coming. Succeeding Bob Mosteller has, writing for The Independent, a local com­ be the best time. He was finishing his according to Haagen, made the job both munity newspaper and teaching eleventh book, and thought that perhaps the dean­ easier and more difficult. "Bob has," he grade English half-time at the North ship would give him time to think about observes, "been both a difficult act to Carolina School of Science and Math. what his next literary focus would be. follow and my anchor and guide in She also is involved in development con­ Though Haagen laments putting his learning the new job." sulting, freelance grant writing, and pub­ scholarly work on the back burner for a With the recent resignation of lic relations. while, his commitment to his adminis­ Gywnn Swinson, Associate Dean of Ad­ Until about a year and a half ago, it trative position was evident from the on­ missions and Student Affuirs, Haagen would not be unusual to see the new As­ set. He immediately recognized his obli­ combined his full-time job of being Se­ sociate Dean scoring goals in a local gation to both faculty and students in nior Associate Dean with the task of be­ competitive club soccer league. His love "doing the job well" and was pleased ing an interim "dean of students" for of the sport was extended through his with Dean Gann's vote of confidence in several months last fall. Along with the Little League coaching responsibilities at his appointment. "When I took the job, day-to-day running of the institution, he the Durham YMCA. He also professes one of the first things Dean Gann told assumed supervisory responsibilities for to do a "fair amount of bicycling" and me was that my day would not be my the admissions, financial aid, placement, running when he fmds the time. own," Haagen notes. He acknowledges pro bono and student organizations. Since beginning his new position in both that she was right and that one of Dean Haagen, perhaps even more than July, Dean Haagen has had little time to the hardest aspects of the job to get used the rest of the Duke Law community, reflect about the days he spent turning to is the need to work on "routine emer­ eagerly awaited the arrival of new Associ­ lumps of metal into useful artistic pieces. gencies" instead of the matters that he ate Dean Susan Sockwell and Director of However, ifless tangible, Professor had hoped and planned to deal with Admissions, Liz Gustafson '86 (see article Haagen's role as Senior Associate Dean each day. on p. 14). Now that they are on board, develops a similar process by shaping the In order to cope with the conflicting Haagen's duties will center more on the core academics of Duke into a struc­ demands on his time, Dean Haagen re­ academic programs of the institution. tured, yet developing curriculum. lies greatly on both staff and faculty. Ad­ In addition to his decanal duties, ditionally, he gives kudos to the students Haagen has agreed to do a substantial Julian Myers '92 VOL U MEl 0 , NO. I 25 Book Review

Critical Issues in Business Conduct: Legal, Ethical and Social ChalJengesfor the 1990s* by Walter w. Manley, n '72 (with Wi11iam A. Shrode)

he business environment has Throughout the changed rapidly in recent course of the study and T years, and the conduct of in preparation for writ­ businesses and their executives has be­ ing this book, Manley come a matter of intense public scrutiny. reviewed and analyzed Some of the most dramatic headlines in r--: 1,000 pages of interviews the daily newspapers are reports of scan­ and correspondence with dals arising out of questionable business top executives and over practices at some of America's top firms. 10,000 pages of codes of Today, business executives and managers business conduct and must consider issues that were virtually policy statements. From unheard of in the past. The 1990s are this extensive primary bringing new challenges to America's source material, Manley business flfms-Iaws are changing, issues extracted those issues of of business ethics are surfacing as a critical concern to execu­ matter of public interest, and corporate tives and managers and social responsibility has become a nation­ their responses. wide concern. In order to succeed and In the first two prosper as we move into the 1990s, chapters, Manley dis­ today's executives and managers must cusses the importance of learn to respond to such diverse issues as business ethics and bal­ AIDS in the workplace, whistle blowing, ancing employer and protecting proprietary information, envi­ employee rights and re­ Walter Manley teaches masters level courses at the Florida State University ronmental concerns and international sponsibilities. In the fol­ business relationships. School of Business Administration and practices with the Tallahassee firm of lowing chapters, he ex­ In his book, Critical Issues in Business MacFarlane, Ferguson, Allison & Kelly. A member of the Law School's Board plores the myriad issues Conduct: LegaL, EthicaL, and Social Chal­ of Visitors, Manley writes a column on business ethics for Knight Ridder arising from the relation­ lenges for the 1990s, Walter W. Manley, newspapers and is involved in several business enterprises. ship between business II '72 has taken on these issues and organizations and their many more. As a lawyer, businessman responses of business firms to issues in external constituencies (such as consum­ and professor of business administration business conduct. This project, where ers, regulatory agencies and competitors) at Florida State University, Manley is he worked with top executives of British as well as their internal constituencies uniquely qualified to address these issues and United States firms, produced two (such as employees, managers, directors in an informed and authoritative man­ other books-An Executive's Handbook and shareholders). ner. In 1988-90 he was a member of five ofModel Business Conduct Codes (Prentice Manley describes and presents a brief faculties at Cambridge and Oxford Hall, 1991) and A Handbook ofBusiness history of each issue. He then analyzes Universities as a visiting professor at Codes ofConduct (Routledge, forthcom­ the issue, incorporating recent legal devel­ three Cambridge colleges. ing 1992). Nearly 300 of America's most opments, including state and federal leg­ Critical Issues in Business Conduct is successful and well-managed firms ac­ islation, regulations and court decisions. the result of an extensive two-year study tively participated in Manley's research He also sets forth practical guidelines for conducted by Manley regarding the project. addressing each issue. These guidelines

* Quorum Books, 1990 26 DUKE LAW MAGAZINE

are based on the responses to the survey of such activities-ranging from Ivan and articles from newspapers, business combined with his expertise and experi­ Boesky and Drexel Burnham Lambert periodicals and law reviews. In addition ence in business and law. These guide­ here at home to similar situations in to the extensive citations, Manley in­ lines will serve as a checklist for the ex­ France and Japan. Following a brief cludes a bibliography to assist those ecutive to follow in preparing his or her discussion of the application of the Rack­ readers wishing to do further research response to one of these critical issues. eteer Influenced and Corrupt Organiza­ regarding any or all of these issues. For example, with respect to the tion Act (RICO) to violations of the Critica/lssues in Business Conduct protection of confidential information, securities laws, Manley turns to the dis­ can be read from cover to cover to gain Manley discusses the development and closures required in specific securities an overview of the issues that firms will growth of knowledge-based industries, transactions such as going private, tender be facing in the 1990s. The book also rather than traditional resource-based offers and mergers and acquisitions. The will serve as a handy desktop reference. industries in the 1980s. These firms chapter ends with specific guidelines for When confronted with one of these is­ must focus their attention on protecting firms to follow to assist them in moni­ sues, a concerned manager can turn to this knowledge or intellectual property toring the trading practices of their the detailed index which will provide through such means as copyrights, pat­ insiders. The guidelines are practical and quick access to a discussion of the rel­ ents, confidential business information, should assist any firm in serting up a plan evant issue. The executive or manager trade secrets and trademarks. Manley to ensure that its officers and directors who consults this book will have expert describes the legal basis for these means comply with the regulations regarding assistance available in reaching an in­ of protection, how long they are in insider trading and short-swing profits. formed decision regarding these difficult effect, when they might be used and how These are only two of the critical iSSUes. they are enforced. Manley sets forth the issues that Manley addresses in this Critica/lssues in Business Conduct is elements of each of three common tests book. The other legal, ethical and social highly recommended for executives, used by courts to determine whether challenges that he discusses are: (i) drugs, managers, corporate attorneys, law or certain information constitutes a trade alcoholism, AIDS and genetics in the business students and interested lay secret. This is followed by a discussion workplace; (ii) preventing sexual and persons. Manley's broad range of issues, of the advantages and disadvantages of nonsexual harassment in the work envi­ concise analysis, practical guidelines and copyright and trade secret protection for ronment; (iii) equal employment oppor­ extensive references to relevant materials computer software. tunity and nondiscrimination on the are unmatched by other sources. Manley then turns to employee con­ bases of sex, race and disability; (iv) tracts which are frequently used to pro­ workplace safety, consumer protection tect confidential business information. and product quality; (v) marketing and Following an analysis of the provisions of advertising; (vi) financial accounting and such contracts, Manley sets out seven reporting; (vii) computer-based informa­ steps to be followed in drming noncom­ tion systems; (viii) business dealings and petition and nondisclosure agreements. relationships; (ix) fundamental honesty, He concludes this section with nineteen law compliance, fair competition and the steps a firm should follow to protect its antitrust laws; and (x) international busi­ proprietary information. The guidelines ness relationships and practices. The take into account both the needs of the discussions and analyses of each of these firm and the requirements of the law. issues are clear, well-documented, com­ Samples of relevant agreements are in­ prehensive and timely. cluded as exhibits to this chapter. For the reader who wishes to inves­ Another important issue Manley tigate any of these matters in greater addresses is insider trading and the secu­ detail, Manley provides extensive cita­ rities laws. He discusses the history of tions to relevant state and federal laws, Rule lOb-5, the legal basis for liability for regulations and cases, as well as second­ Reviewed by Margaret M Collins, Reference Librarian insider trading and cites recent examples ary source material including treatises and Lecturing Fellow VOL U MEl 0, NO. I 27

Portrait of Professor Poteat Presented

At the urging ofJames M. Poyner'40, a photograph of Professor]. Douglass Poteat was found in the Duke University Archives. Poteat was a member of the Law School faculty from 1936 to 1946. Poyner thought that Professor Poteat was an out­ standing teacher and individual, and that it would be fitting for the School to honor him by dis­ playing his portrait. The black and white photograph of Profes­ sor Poteat was enlarged and then painted by a local artist in a style similar to the portraits of other Law School faculty members. The completed portrait, a gift from the Classes of 1939 and 1940, was presented to the Law School on October 18, 1991 at Dean Gann and Bradley Morrah admire portrait of Professor Poteat. the Half-Century Banquet and now hangs in the Law School. has practiced law since 1939 in Green­ Carolina House of Representatives in the Bradley Morrah '39, a student of ville, South Carolina where he has been 1940s, and was a member of the South Professor Poteat's, represented the classes active in many civic and professional or­ Carolina Senate from 1953 to 1966. in making the portrait presentation. He ganizations. He served in the South

Remarks of P. Bradley Morrall, Jr. '39 upon the Dedication of the Portrait of Professor James Douglass Poteat

I am humble at having been asked to Douglass Poteat bore a widely known ground. Many letters and notes received say a few remarks about a distinguished and distinguished name with honor and .from former students for this evenings gentleman who impacted upon us as a law distinction. Son ofa former president of ceremony indicate that his practical profossor more than fifty years ago during our Furman University, nephew ofa former approach to legal matters gave a distinct fla­ tenure as law students at Duke. I flel par­ president ofWake Forest, brother to two of vor not acquired.from other faculty members ticularly attached to J Douglass Poteat the South s outstanding ministers, Douglass in residence at Duke at that time. whom we honor this evening since he and I Poteat himselfhad made a good name in Douglass Poteat was born in 1903 left Greenville at the same time to join the South Carolina as an up-and-coming suc­ and graduated .from Furman University in Law School family at Duke in 1936. The cessfol lawyer before coming to Duke. In 1923, receiving in 1926 an LL.B. degree fact that he joined as a member ofthe faculty retrospect, part ofhis enthusiastic reception .from Furman. After obtaining his LL.B. and I as an inept .freshman seems ofno par­ by the student body at Duke Law School was degree, Poteat joined the law firm of ticular significance to me this evening after the rare quality he brought to faculty status Haynsworth & Haynsworth in Greenville, the elapse offifty-five years. I assure you it as a successfol private practitioner, rather South Carolina, where he worked until the seemed highly significant in 1936. than simply a distinguished academic back- fall of1929 when he left to accept appoint- 28 D U K E LAW MAG A Z I N E

ment as professor oflaw at the Furman Uni­ versity Law SchooL He went to Yale as a graduate student in the Law School for the year 1932-33, receiving the S.jD. degree at commencement there in 1933. While at Yale he held a Sterling Research Fellowship qnd his thesis was a scholarly work on the administration ofdebtor estates. Thurman Arnold, distinguished professor oflaw at Yale University and dean at one time ofthe Yale Law School said ofDoug Poteat that "he and his colleagues at Yale considered Poteat one oftheir best men. "Sayingfor­ ther, "he combined a very high degree of intelligence with very charming manners, which is something which you don't always get. " Following his work at Yale, he returned to Greenville andformed his own firm, Nettles & Poteat, for the practice oflaw and continued in that status until September 1, 1936, when he came to Duke. Dean Horack [who} succeeded in hiring {poteat} in 1936, said "picking teachers is like select­ ingfoturity winners for a horse race" and P. Bradley Morrah , Jr. '39 that he felt convinced that in Poteat, "we have a good man with lots ofpossibilities he obtained in a tort case when shortly after junction in 1943 he was appointed director in him for the foture. " the charge, "the last man on the jury as he offoreign service personnel and was attached As students at Duke attending his entered the jury room met the foreman ofthe to the us. Embassy, having been designated classes, we found Dr. Poteat to be a gifted, jury already on the way out with a large ver­ special assistant to the us. Ambassador in highly intelligent, practical and interesting dict in favor ofthe plaintiff." London, England in 1944 and 1945. instructor. During my three years at Duke, Bill Womble remembers Poteat remark­ It was during his tenure with military I cannot recall hearing anything uncompli­ ing on his ownership ofa Packard automo­ intelligence during the War that he became mentary about him or charging him with bile (at that time a mark ofdistinction) with a key figure, together with Stanton Griffis, a the unforgivable faculty sin ofbeing dull respect to mileage that "anyone needing to Boston financier and economic expert and and boring. know that had no business owning one. " later president ofParamount Pictures, in a Some who are not here this evening Jim Poyner recalls that due to the secret diplomatic mission to Sweden resulting have contributed in their letters various exigencies ofthe highway he was some in a brilliant diplomatic triumph for the remembrances and insights about Doug twenty-ftve minutes late to class one morn­ Allies by persuading the Swedes to curtail Poteat. Ross Arnold '41 (also a Furman ing, so not desiring to disturb the class he did drastically shipments ofSKF ball bearings to graduate andformer football player) tells not enter the classroom. However, he did go the Reich. These two men boarded two sepa­ how he frequently sat for Dr. Poteat's chil­ up and explain his reason for absence and rate British mosquito bombers in Scotland dren as a babysitter for which he was paid not entering to Doug Poteat. Professor Poteat andflew on a secret midnight mission to fifty cents an evening, and he considered that remarked in a tone ofvoice indicating he Stockholm, Sweden. After a series ofmeetings more than adequate in those lean years. He recognized apple polishing when he heard it, with officials ofthe ball bearings company also states that he once stopped by Dr. "we did not miss you. " and the Germans, the manufacturers agreed Poteat's office and asked ifhe could speak to Shortly after the onslaught ofwar in to curtail shipments ofball bearings to the him ifthe professor was not busy, to which 1941, Poteat asked for and was granted Nazis at a time when the Reich desperately Dr. Poteat replied, '1 am always busy-but leave from Duke University Law School. At needed them for airplanes coming offthe not too busy. " the inception ofhis leave from Duke, he was line. Poteat was later quoted as saying, "the Charlie Gibbs '39 confesses to having appointed assistant general counsel to the Germans in Stockholm who formed the op­ used in argument on appeal one ofDr. Board ofEconomic Warfare, Foreign position mission were evidently under tre­ Poteat's comments on a particular bad result Economic Administration, in which con- mendous pressure from Berlin. They pulled VOL U ME J 0, NO. J 29

out the stops and tried every trick oftrade. It extemive program for new building; and cate, on March 16, 1950 in New York City. was said in Stockholm that the German mis­ teaching resources. Upon his departure ftom He was survived by his second wife, the sion had been threatened with the same fote the Red Cross, Mr. Basil O'Connor, chair­ former Maida Beckwith, and by two som, ofthe Nazi mission that had foiled to halt man ofthe American Red Cross, said "Mr. Thomas L. andJames Poteat, Jr. His older the British- Turkish chrome negotiatiom­ Poteat's services to American Red Cross have son graduated ftom Duke Law School and active duty andprobable death on the East­ been invaluable and it is with the greatest practiced in Greenville and Georgetown, ern Front iftheir mission foiled" Dr. Poteat reluctance that we accept his resignation. " South Carolina. gained wide prominence subsequently as a In March of1949, Dr. Poteat was In closing, a word ofdeep gratitude to result ofthis mission which was hailed as one named to the post ofexecutive vice president James M Poyner, Class of1940, longtime ofthe outstanding diplomatic achievements ofthe Memorial Hospital Center for Cancer distinguished member ofthe North Carolina ofthe War in Europe. and Allied Diseases in New York City. This bar, without whose interest and efforts this Following the War in Europe, Poteat new cancer center research project united magnificent portrait unveiled here today of became deputy commander ofthe American resources ofthe Cornell and the New York Dr. James Douglass Poteat and the fond Red Cross in the Pacific Ocean areas. Subse­ University Medical Schools, the Sloan­ memories which this event has awakened in quently in 1946 he was appointed and Kettering Research Imtitute, New York's the surviving members ofthe Classes of1939 served as executive vice chairman ofthe Memorial Hospital and other cancer re­ and 1940 would not have been possible. American Red Cross. Later in 1946 he left search agencies. Under his direction, the Those ofus who knew Doug Poteat are that organization to become administrative Center launched a massive program for new gratefol for his foendship and imtructional head ofthe American Cancer Society. buildings and teaching resources. impact upon us as law students and each of As such he directed a drive to raise Dr. Poteat died ftom cancer, a disease us is better by virtue ofhis having passed our $16, 000, 000 for cancer research and an which he devoted much ofhis life to eradi- way.

DeHaven NeW" laW" Alutnni Association President

During the Law Alumni Association with an engraved gavel and stand to She has served on the Law Alumni meeting on October 19, 1991, Richard A. commemorate his service as the 1990-91 Council since 1987, and chaired both (Chip) Palmer '66 passed the presidency president. standing committees (nominations and of the Law Alumni Association (lAA) to Palmer is a partner with Ful bright awards) in 1990-91. Dara L. DeHaven '80. DeHaven thanked & Jaworski in their New York City DeHaven introduced the other lAA Palmer for his service to the Association office. In addition to serving as lAA officers: David G. Klaber '69, vice-presi­ and the Law School and presented him president, while on the Law Alumni dent/president-elect, Haley G. Fromholz Council he chaired an ad hoc committee '67, secretary/treasurer and Vincent considering the dues structure and Sgrosso '62, immediate past president. served on the Educational Programs Speaking for the officers and members of Committee. While president-elect, he the Law Alumni Council, she said that chaired both standing committees they looked forward to working with (nominations and awards). For a num­ Dean Gann to further strengthen the ber of years he also served as a senior bonds and communication berween partner in the Law School's Commercial alumni and the Law School. Noting Practice Clinic, returning to the School that this is an exciting and challenging each semester to counsel students on time in the life of the Law School, she their research and writing. urged all alumni to remain involved with DeHaven lives in Atlanta, Georgia, the School for their own benefit as well where she is a partner at the law firm of as for the support they could offer the Chip Palmer '66 and Dara DeHaven '89 Powell, Goldstein, Frazer & Murphy. School. 30 D U K E LAW MAG A Z I N E

Paul Hardin, m Receives Murphy A-ward

Paul Hardin, III '54, received the study of the ad­ seventh annual Charles S. Murphy ministration of Award during the Law Alumni Associa­ justice sponsored tion meeting on October 19, 1991. by the Ford Foun­ Richard A. (Chip) Palmer '66, president dation. of the Law Alumni Association, pre­ Embarking sented a set of etched crystal bookends to upon a career In Hardin to commemorate the award. academic adminis­ The Murphy Award is presented tration, Hardin annually by the Law Alumni Association served as presi­ to an alumnus of the School who, dent of Wofford through public service or dedication to College from education, has shown a devotion to the 1968-72, as presi­ common welfare, reflecting ideals exem­ dent of Southern plified in the life and career of Charles S. Methodist Univer­ Murphy. Murphy was a 1931 graduate sity from 1972-74 of Duke Universiry. He graduated from and as president Duke Law School in 1934 and received of Drew Univer­ an honorary LL.D. from Duke in 1967. sity from 1975-88. "E A native North Carolinian, Murphy .2 In 1988, he ac­ ~ died in 1983. During his career, he held ';; cepted the posi­ several positions in the Truman, Kennedy, c'i tion as chancellor and Johnson administrations including Paul Hardin, III '54 of The University serving as administrative assistant and ------of North Carolina special counsel to President Truman, as Duke Law School in 1954. His numer­ at Chapel Hill. Undersecretary of Agriculture under ous honorary degrees include an L.H.D. Hardin has also shown his dedica­ President Kennedy, and as counselor to from Clemson University in 1970, an tion to education through his many President Johnson. He also served as a LL.D. from Coker College in 1972, a affiliations with educational associations. member of the Law School's Board of Litt.D. from Nebraska Wesleyan College After leaving Duke as a faculty member, Visitors and on the Duke Universiry in 1978, an LL.D. from Adrian College he continued his involvement with the Board of Trustees. in 1987, an LL.D. from Monmouth University by serving on the Board of The Awards Committee of the Law College in 1988, an HHD. rrom Trustees from 1968-74. He served as Alumni Council endorsed Hardin as the Wofford College in 1989 and an LL.D. president of the National Association 1991 award recipient because of his life­ from Rider College in 1990. of Schools and Colleges of the United long dedication to public service through After two years in Army service with Methodist Church in 1972 and again in his commitment to education in both the Counter Intelligence Corps and two 1984. From 1975-77 he was chairman law teaching and academic administra­ years in private law practice in Alabama of the National Commission on United tion and through his service and leader­ with Bradley, Arant, Rose & White, Methodist Higher Education. He served ship to numerous civic and professional Hardin returned to Duke Law School as on the Board of Higher Education of organizations. (See the profile of Hardin a member of the faculty. During his ten New Jersey from 1983-88. He also at p. 20.) years on the faculty he authored two served as chairman for the Legal Services Hardin received an A.B. from Duke casebooks and a number of articles and Review Panel of the National Associa­ University in 1952 and a].D. from undertook an international comparative tion ofIndependent Colleges and Uni- VOL UME 10, NO. 1 31

versities from 1978-82 and during the the South Carolina Government Reorga­ noted that it was a special pleasure for same time period, 1978-81, he served on nization Commission in 1970-72 and him to present the award to his former the Executive Committee of the Inde­ the chairman of the South Carolina State law professor. Chancellor Hardin ex­ pendent College Funds of America. He Tuition Grants Committee at the same pressed his thanks to the Law Alumni has been co-chairman of the Japan-U.S. time. He is currently a member of and Association and to Duke Law School Conference of University Presidents has served as president of the Rotary generally for the important part it has since 1985. Club. He has also served as the director played in his life-including preparing Hardin has also been very active in of the Morris County Chamber of Com­ him for the various challenges he has civic and professional organizations. He merce. He is also on the Administrative faced. has participated in the Alabama and the Board of the United Methodist Church Alumni are encouraged to submit North Carolina Bar Associations, the of Madison and has been involved in the nominations for the Murphy Award by Dallas Bar Association and the American United Methodist annual conferences. contacting the Law School's Alumni Bar Association. He was a member of In presenting the award, Palmer Affairs Office.

Dukes A-ward Goes to Klaber

During Law Alumni Weekend cer­ Program since it emonies, David G. Klaber '69, incoming was established in vice-president of the Law Alumni Asso­ 1987-88. As part of ciation, was recognized as a recipient of this program, he the Charles A. Dukes Award as deter­ meets with admit­ mined by the Awards and Recognition ted candidates to Committee of the Board of Directors of answer questions the Duke University General Alumni and to encourage Association. The award is named for the enrollment at Duke late Charles A. Dukes, a 1929 graduate Law School and of Duke University and former director visits local under­ of alumni affairs. The award is given an­ graduate schools to nually to alumni who have gone "above meet with pre-law and beyond" the call of duty in volunteer advisors and stu­ leadership roles. dents. Richard A. (Chip) Palmer '66, presi­ Klaber, who is dent of the Law Alumni Association, a partner at Kirk­ presented Klaber with a plaque com­ patrick & Lockhart memorating the award. Klaber was in Pittsburgh, nominated by the Law School for his Pennsylvania, ex­ service to the Law School and the Law pressed his appre­ Alumni Association. He joined the Law David G. Klaber '69 ciation for his expe- Alumni Council in 1989-90, becoming riences at Duke secretaryltreasurer in 1990-91. He will Committee and the Communications Law School as a student and as an alum­ serve as vice president/president-elect this Committee, which he chairs. nus. He reminded the assembled alumni year and rotate to the presidency for In 1987 Klaber helped organize the that regardless of their class year, all 1992-93. Currently he chairs the two Pittsburgh local alumni association and alumni shared the unique Duke Law standing committees, awards and nomi­ has served as its first president. In April School experience and he urged alumni nations. He also serves on two ad hoc of 1991, he moderated the Alumni to continue to share in that experience committees organized by the Law Seminar program on "The Changing through alumni programs at the School Alumni Council to explore new alumni Nature of Law Firm Practice." He has or in their local area. programs-the Educational Programs served on the Law School Admissions 32 DUKE LAW MAGAZ I NE

Special Gifts to the laW" School

Gifts to the Building Program -Ben F. Stormes '50, president Arnold. Preference will be given first The Law School is pleased to an­ of The Wickman Corporation of to residents of North Carolina and nounce several gifts to the building Oak Park, Michigan, has contributed second to residents of Maryland, rep­ program of $1 00,000 or more from $100,000. resenting the birth places of his father alumni and friends. and mother, respectively. Dean Pamela Gann notes that Arnold resides in Wichita, -The Duke Power Company "the generosity of our alumni, faculty, Kansas. He has also established the Foundation of Charlotte, North and friends has been truly gratifying. Marjorie Patrick Arnold Endowment Carolina has pledged $250,000 to Because of the progress we have made Fund and the Giles, Rich, Stoner the building program. with our fund raising, I am now able Endowment Fund at the Law School. to seek the approval of the Board of -Jeffrey P. Hughes '65, manag­ Trustees of the School's financial Sanders Charitable Gift Annu­ ing director of Lehman Brothers in plan. We look forward to beginning ities No.1 & No.2. Paul H. Sand­ New York City, has committed the project this spring, with the noisy ers '34 has established the Sanders $135,000. construction work after examinations. Annuities. Sanders, professor emeritus -William R. Norfolk '67, a None of this would have been pos­ at Vanderbilt University Law School, partner at Sullivan & Cromwell, and sible were it not for the confidence also taught at Duke Law School from Marilyn M. Norfolk '68 of New of our alumni in their Law School." 1936 to 1946. Upon termination of York City have pledged $130,000. the annuities, the funds will be placed into the Law & Contemporary Prob­ -Richard M. Allen '66, a part­ Gifts to Endowment lems Endowment Fund. ner at Cravath, Swaine & Moore in "Notwithstanding our need to New York City, has committed play 'capital catch-up' with respect to Otto G. Stolz Law Endowment $100,000. In recognition of his our building program," notes Dean Fund. Otto G. Stolz, acting on behalf generosity, the Law & Contemporary Gann, "the need to enlarge the Law of the Otto G. and Jill V. Stolz Problems suite (Phase III of the build­ School's endowment is equally criti­ Charitable Foundation of Ada, ing program) has been named the cal. AI; a private institution, the Michigan, has established the Stolz Allen Suite by the Board of Trustees. School needs to decrease its depen­ Fund to provide unrestricted operat­ dence upon tuition receipts as a per­ ing support to the Law School. Stolz -Richard A. Horvitz '78, secre­ centage of total revenue. Gifts of en­ was a professor at the Law School tary/treasurer of Moreland Manage­ dowment for chaired professorships, from 1973 to 1978. ment Company of Cleveland, Ohio, scholarships, the library and to pro­ John Morel VanSchaick Chari­ has pledged $100,000. vide unrestricted operating support table Remainder Unitrust. John -William J. Lowry' 49 has are particularly important." The fol­ Morel VanSchaick of Eustis, Florida, pledged $100,000 to the building lowing alumni and friends have made a grand-nephew of former Law program. He is a retired executive recent gifts of endowment: School Dean Samuel Fox Mordecai, of Marathon Oil and resides in Dehoff/Arnold Endowed Law has established the VanSchaick Hendersonville, North Carolina. Scholarship. Hubert K Arnold '39 Unitrust. Upon termination of the -Nancy A. Nasher '79, general has established the Dehoff!Arnold Unitrust, its assets will benefit the counsel of the Raymond D. Nasher Endowed Law Scholarship in ] ohn Morel VanSchaick and] ule Company in Dallas, Texas, has com­ memory of his parents, Hubert Kennedy VanSchaick Endowment mitted $100,000. Dudley Arnold and Myrtle Dehoff Fund, to provide full-tuition scholar- VOL U MEl 0, NO . 1 33

ships. When fully-funded, it is father (and father-in-law), H. Claude Serena Crawford-Gregory expected the VanSchaick endowment Horack, a former dean and professor Robertson Endowment Fund. C. will be the largest endowment for of the Law School. Dean Horack May Robertson of Calabash, North scholarships in the history of the joined the Duke Law School faculty Carolina, and Dorothy Crawford School. in 1930, served as dean from 1934 to and Roy Crawford of Maryville, 1948, and then as professor emeritus Tennessee, established the Crawford­ H. Claude Horack Law Scholar­ from 1948 until his death in 1959. A Robertson Fund in 1991 in memory ship Endowment Fund. Benj. S. nationally-known educator, he was of their children, Serena Crawford '78 Horack T'39 L'41 and Frances the first full-time adviser on legal edu­ and Gregory Robertson '78. Memo­ Borland Horack T'40 of Charlotte, cation to the American Bar Associa­ rial gifts from classmates and friends North Carolina, and Katharine tion. He also served a term as presi­ were also restricted to the fund, which Horack Dixon ofArlington, Virginia, dent of the Association of American will provide scholarship assistance. have established the Horack Fund in Law Schools. Income from the fund memory of the achievements in will provide scholarship assistance. teaching and administration of their

Tip the Scales in Your Favor Two financial benefits increase the joy of giving to Duke.

1. TAX SAVINGS • Income tax • Capital gains tax 2. INCOME • From your gift of cash, securities or real estate • With professional investment management

For more information about the advantages of a planned gift to Duke, please cantact: Lucille Hillman Office of Major Projects Duke Law School Durham, NC 27706 (919) 493-3611 34 DUKE LAW MAGAZINE

Professional News

, 42-Charles J. Henderson has re­ now chairman of the board, of the New 1991. He has also been re-e1ected to the cently retired from the practice oflaw Jersey Defense Association, and contin­ ABA House of Delegates, and is chair­ with Helms, Cannon, Hamel & ues his fellowships in the American Col­ man of the Ohio Fellows of the Ameri­ Henderson in Charlotte, North Caro­ lege of Trial Lawyers and the Interna­ can Bar Foundation. lina. tional Society of Barristers. -J. Peter Friedrich announces the for­ -James F. Perry became vice president mation of the firm of Friedrich & , 48-Hollie Conley has announced of the corporate law department of State Friedrich in Ft. Lauderdale, Florida, that he will Farm Mutual Automobile Insurance where he and his son have a general real not seek re­ Company of Bloomingron, Illinois in estate and estate planning practice. election to June 1990. the Floyd '57 -Elliott T. Halio, senior partner County, '54-John W. Maxwell is currently in the firm of Halio & Halio in Charles­ Kentucky serving as director of business develop­ ton, South Carolina, has been named Circuit ment for ITT World Directories, Inc. in president-elect of the Charleston County Court this Secaucus, New Jersey. Bar Association. year. He has -J. Roger Shull has been elected chair­ been on the man of the Board of Directors of the , 58-William H. Grigg has been bench for United Methodist Homes of Connect i­ elected vice president of the Board of Hollie Conley '48 twenty­ cut, Inc. and affiliates. Directors of Duke Power Company in eight years, longer than any circuit judge Charlotte, North Carolina. in Kentucky. He was honored at a din­ , 55-John A. Carnahan, a partner in -Eugene G. Partain has become a ner last October by the Floyd County the Columbus, Ohio office of Arter & member of the firm of King & Spaulding Bar Association and was "roasted" by Hadden, received the Ohio State Bar in Atlanta, Georgia, where he is a trial former Kentucky Governor Bert T. Foundation Award of Merit in May lawyer in diverse areas of civil litigation. Combs.

, 49-Charles F. Blanchard, senior James E. Moore '61 was elecred an Associare J usrice of rhe Supreme Court of partner with Blanchard, Twiggs, Abrams South Carolina in May 1991, by unanimous & Strickland in Raleigh, North Caro­ vore of rhe General Assembly of South Caro­ lina, has been elected vice president of lina. He was sworn in on December 30, the International Society of Barristers for 199J. Jusrice Moore pracriced law in Green­ 1992-93. wood, South Carolina from 1961 umi11976, -Robert S. Wolffhas retired as vice when he was elecred a Circuir Court Judge. president of human resources ofWolver­ He served on the Circuir Court for fifteen years before srepping up to rhe Supreme ine World Wide, Inc. of Rockford, Court. He was also a member of rhe South Michigan, and is now doing general con­ Carolina House of Representarives from sulting and labor arbitration. 1968 to 1976. During his renure on rhe circuir bench, Jusrice Moore chaired rhe South Carolina '51 -James J. Booker has been named Circuir Coun Judges Associarion and rhe chairman of the North Carolina Indus­ Circuir Court Judges Advocacy Commirree. trial Commission. He was also vice-chair of rhe Board of Com­ missioners on Judicial Srandards. In 1985, -Thomas T. Chappell became of Jusrice Moore was rhe faculty advisor to the counsel to the Montclair, New Jersey National College of rhe Srate Judiciary at rhe firm of Garrity Fitzpatrick Graham University of Nevada and he has also served on the Board ofT rustees of the Lander Hawkins & Favetta on August 1, 1991. Foundation of Lander College in Greenwood. James E. Moore '61 He recently served as president, and is v a L U MEl 0, NO . 1 35

'59-Robinson O. Everett has been -Charles W. Menel is a partner in the , 65-Patrick C. Coughlan has been named by ChiefJustice William Rehnquist Seattle, Washington law firm of Shott elected president of the Maine Associa­ to study the administration and opera­ Crossman & Burgess. tion of Dispute Resolution Professionals. tion of the Criminal Justice Act of 1964. -Ted R. Todd, a judge for the 5th J u­ -David C. Hjelmfelt taught interna­ dicial Circuit ofIndiana, is currently tionallaw in November 1991 at the In­ '61-John Byron Hotis announces the serving on the Board of Law Examiners stitute for International Trade in Kiev, establishment of the firm of Gainer, for the State ofIndiana as a member and Ukraine. His second book, Executive's Rient and Hotis in Washington, D.C. as secretary. Guide to the Law ofMarketing, Sales and -David G. Warren has been named Advertising, has been published by , 64-David N. Edwards, Jr., special executive director of the North Carolina Prentice Hall. assistant to the president of the Univer­ Governor's Institute on Alcohol and sity of North Carolina at Chapel Hill, Substance Abuse. He will serve in a part­ '66-Barrington H. Branch has been gave a presentation on privacy law to the time capacity, continuing his position as named president and chief executive offi­ Carolina Association of Collegiate Regis­ professor of community and family cer of Dutch Institutional Holding Com­ trars and Admissions Officers at North medicine at Duke University. pany, Inc., the U.S. investment subsid­ Carolina A&T State University in iary of Pension fund PGGM, the largest March 1991. private pension fund in Holland. Head­ quartered in Atlanta, Georgia, he will be responsible for a $1.2 billion portfolio of real estate investments in the United States. -James A. Courter, a former Congress­ man, was appointed by President George Bush to chair the 1991 Base Closure and Realignment Commission. -E. Jeremy Hutton has been appointed special counsel to the Inspector General of the United States Office of Personnel Management. -Robett W. Spangler has been named deputy chief of policy of the Enforce­ ment Division in the Common Carrier Bureau of the Federal Communications Commission. John H. Adams '62 was presented the law in the United States," wrote Durwood J. Duke Alumni Association's Distinguished Zaelke '73, director of the Centre for Inter­ Alumni Award for 1992 at the Duke Univer­ national Environmental Law, in support of '67 -CalvinJ. Collier, senior vice sity Founders' Day Convocation in Decem­ Adams' nomination for the award. "John president and general counsel of Kraft ber. The Distinguished Alumni Award is Adams has led the NRDC to its pre-emi­ General Foods, Inc. in Glenview, Illi­ given to alumni who have rustinguished nence through a combination of intelligence, themselves by contributions they have integrity, and vision. His leadership has nois, has been elected to the American made in their own fields of work, in service always been steady and confident, oftentimes Law Institute. to the University, or in the "betterment of daring, and always prescient." -Wayne A. Rich, Jr. served during Op­ humanity." A member of the Law School's Board eration Desert Storm as the staff judge Adams is execucive director of the of Visitors, Adams is president of the Open Natural Resources Defense Council, which Space Institute and on the board of directors advocate to the commander, Marine he co-founded two decades ago as a public­ of the CatSkill Center for Conservation, the Corps Air Bases, Western Region in El interest environmental law firm. It has grown Hudson River Foundation of Science & Toro, California, and as staff judge advo­ since 1970 from a handful of supporters to a Environmental Research, the World Re­ ISO,OOO-member, non-profit organization sources Instituce, the Winsron Foundation cate at the Marine Corps Recruit Depot with a $16 million budget and a staff of ISO, for World Peace, the Institute for Resource in San Diego, California. He has returned including lawyers and scientists dedicated to Management and the American Conservation to his assignment as deputy director of ptotecting natural resources and improving Association. He is also a member of the New the Executive Office for the United the quality of the environment. York Governor's Environmental Advisory "Adams and the NRDC have been the Board. States Attorneys at the Department of single most important force in environmental Justice in Washington, D.C. 36 DUKE LA W MAGAZ I NE

-Robert E. Sheahan, Jr. has been capital and leveraged buy-out invest­ of business law, sports law and civil elected to the Board of Directors of the ments. Canning also has been appointed litigation. Dallas, Texas-based Institute for Effective to the Board of Directors ofTyeo Toys, -Donald H. Brobst, a partner in the Management. He has recently authored An Inc. law firm of Encyclopedia ofDrugs in the Workpf4ce -David G. Klaber is one of ten alumni Rosenn, (Business Publications Institute) and La­ who have been awarded the 1991 Charles Jenkins & bor and Employment Law in North Caro­ A. Dukes Award for outstanding volun­ Greenwald Lina (Federal Publications). teer service to Duke University. He is a in Wilkes­ partner with Kirkpatrick & Lockhart in Barre, Penn­ '58-Bruce D. Alexander, senior vice Pittsburgh, Pennsylvania and is president sylvania, was president of The Rouse Company in of the Duke Bar Association of Pitts­ a speaker at Columbia, Maryland, has been elected burgh. (See article on page 31.) the recent chairman of the Goucher College Board annual ofT rustees. A Goucher trustee since '70-Robert F. Weaver, Jr. is now en­ meeting of 1982, he will serve a three-year term as gaged in the practice of law in Biloxi, Donald H. Brobst '73 the Speech head of the sixty-member Board. He is Mississippi. Communi- also a director of the Baltimore Sym­ cation Association. He discussed the ex­ phony Orchestra and a trustee of the '71 -Gail Levin Richmond, professor tent to which universities and colleges Baltimore Educational Scholarship oflaw at Nova University in Ft. lauder­ could regulate racist, sexist, hate and Trust, which provides funds for minority dale, Florida, will serve as chair of the other offensive speech of students and students to attend independent schools. Law School Admission Council's Audit faculty given the constraints of the First -Donald B. Brooks of Atlanta, Geor­ Committee for 1991-93. Amendment. gia, has won the Sports Car Club of -Bryan E. Sharratt has been elected to -Pamela B. Gann was among the America (SCCA) South Atlantic Road a second term as president of the Board thirty-five business and community lead­ Racing Championship for its regular sea­ ofTrustees of the University ofWyoming. ers who were selected from the Southeast son. He also won the South Atlantic to participate in the eleventh annual In­ Road Racing Championship Invitational '72-Walter W. Manley, II, who ternational Business Fellows Program in Challenge. Brooks, retired from real es­ teaches at the Florida State University Atlanta, London and Paris in the fall of tate development, drives a Swift DB-2 School of Business Administration and 1991. Spons 2000, with "Duke" painted on practices with MacFarlane, Ferguson, the hood! Allison & Kelly in Tallahassee, has Greensboro Firm Merger Involves -James H. Kelly, Jr., a partner in the authored Executive's Handbook ofModeL Four Law Alumni Winston­ Business Conduct Codes (Prentice-Hall, Two Greensboro, North Caro­ Salem, North 1991). (His 1990 book on CriticaLIssues lina law firms merged on January Carolina in Business Conduct is reviewed at page 1, 1991: Turner Enochs Sparrow office of 25.) Boone & Falk and Block Meyland Petree -Stephen F. Mclaughlin has been & Lloyd have combined their prac­ tices under the name Turner Stockton & named executive vice president and gen­ Enochs & Lloyd. Four Duke Law Robinson, eral counsel of the Legend Corporation alumni are partners in the newly­ has become in Harlingen, Texas. created firm: Edwin E. Boone, Jr. a fellow of -Richard J. Salem, senior partner in '49, Robert B. Lloyd, Jr. '50, Eric the Ameri­ the Tampa, Florida firm of Salem, Saxon P. Handler '73 and Thomas E. can College & Nielsen, has been appointed to the Cone '81. James H. Kelly, Jr. '68 of Trial ABA Task Force on Member Benefits Boone practices in real estate Lawyers. He for Disabled Lawyers. and corporate law, while Lloyd is a practices in the areas of insurance and specialist in estate planning and general litigation. '73-John S. Black has been named probate law. Handler concentrates president-elect of the 20,000-lawyer his practice in bankruptcy law, '59-John A. Canning, Jr. has formed Missouri Bar Association. He is a partner commercial and banking law, and the investment finn ofMadison Dearborn with the Kansas City law firm of business litigation. Cone practices primarily hospital, health care and Partners in Chicago, Illinois. The firm Swanson, Midgley, Gangwere, Clarke & administrative law. will split its emphasis between venture Kitchin, where he practices in the fields VOL U M E J 0, NO. J 37

-Roger A. Reed has authored the book, sociation of Museums in October on the Lawyers. He practices personal injury, The Cultural Revolution in Cuba, re­ topic oflegislation to quiet title to "old medical negligence and civil litigation in cently published by the Latin American loans" to museums. Chapel Hill. Round Table in Geneva, Switzerland. -Ira Sandron, a United States Immi­ -Robert G. Moskowitz is now manag­ gration Judge in Miami, Florida, spoke ing director of Trefoil Investors, Inc., the '74-Anne M. Dellinger, professor of on the subject of criminal aliens at the general partner ofT refoil Capital Inves­ law at the Institute of Government of Federal Bar Association's Annual Immi­ tors, L.P., an investment partnership. He the University of North Carolina at gration Law Seminar in Washington, resides in Sherman Oaks, California. Chapel Hill, served as general editor of D.C. in May 1991. -Susan Freya Olive has been re-elected Healthcare Facilities Law: Critical Legal -Frances Zwenig, who serves on the to a second term as president of the Board Issues for Hospitals, HMOs and Extended staff of Senator John Kerry (D-Mass), of North Carolina Prisoners Legal Ser­ Care Facilities, published in 1991 by has been appointed staff director of the vices, Inc. and as a council member of Little Brown. newly created Select Committee on the North Carolina Bar Association Sec­ -Larry O. Gostin, executive director of POW/MIAAffairs. tion on Intellectual Property Law. She the American Society of Law & Medi­ practices intellectual property law at the cine and adjunct associate professor in '75-K Rodney May has co-authored firm of Olive & Olive in Durham. health law at Harvard University, has a chapter on the "Impact of Bankruptcy" -Neil T. Rimsky has been named of edited [wo recent books: AIDS and the in Florida Construction Law and Practice, counsel to the firm of Cuddy & Feder Health Care System (Yale University published by The Florida Bar in May with offices in Stamford, Connecticut, Press, 1990) and Surrogate Motherhood· 1991. He is a partner in the Orlando New York City and White Plains, New Politics and Privary (Indiana University office of Foley & Lardner. York. He concentrates in the field of el­ Press, 1990). -Michael C. Quillen announces the der law, including health care, financial -Donna Coleman Gregg has joined formation, with thirteen other partners, and estate planning. the Washington, D.C.law firm of of the firm of Walston, Stabler, Wells, -Michael H. Wald, ofWaid & Wiley, Rein & Fielding as a partner, Anderson & Baines in Birmingham, Ala­ Campbell in Dallas, Texas, has been with her practice focusing on communi­ bama in September 1991. elected vice president of the North cations law and the cable television Dallas Financial Forum and elected to industry. '76-JohnJ. Connors, a trial attorney the Board of Directors of the American -Jefty W. Jernigan announces the for­ for the United States Department ofJus­ Jewish Committee, Dallas Chapter. He mation of tice, delivered a paper entitled "Special has also been elected to the Executive the firm of Discovery Considerations Involving the Committee of the Commercial Law Hamel, United States" at the ABA's National League of America, Southern District. Wray& Institute on Litigation and Aviation in Jernigan in Washington, D.C. in October 1991. '78-Benita S. Baird has been pro­ Charlotte, -Russell M. Frandsen joined the Los moted to North Angeles, California office of Mudge deputy gen­ Carolina, Rose Guthrie Alexander & Ferdon in eral counsel where he 1990. He serves on the Board of the Los oflegal op­ continues to Angeles County Private Industry Coun­ erations and practice cor­ cil, and in 1990-91 was president of the policy de­ Jerry W. Jernigan 74 po rate, se- La Carrada Flintridge Educational Foun­ velopment curities and commercial real estate law. dation. of Turner -David W. Lowden has joined the -Johnnie W. Mask, Jr. has been pro­ Broadcast­ New York City office of Stroock & moted to first assistant public defender ing System, Stroock & Lavan where he practices in for Essex County, the largest office in the Inc. in At­ the corporate area. He has been elected state of New Jersey, where he is responsible Benita S. Baird 78 lanta, Geor- chair of the board of The Craftsman for training attorneys in trial advocacy. gia. She is primarily responsible for legal Farms Foundation, an organization re­ policy issues, quality control, and special storing a National Landmark home in '77 -Donald H. Beskind has been re­ projects. Parsippany, New Jersey. He spoke to the elected to the Board of Governors of annual meeting of the Mid-Atlantic As- the North Carolina Academy of Trial 38 DUKE LA W MA GAZ I NE

-Thomas E. Johnson is a partner in Vorys, Sater, Seymour and Pease, where mittee of the Allocations Division of the the St. Paul, Minnesota law firm of he practices in the firm's commercial United Way of Central Massachusetts. Johnson, McClay & Alton, concentrat­ group with a special emphasis on infor­ ing primarily in the areas of bankruptcy mation technology and technology ac­ , 81-David S. Addington is the spe­ and criminal defense. quisition law. He has also been named to cial assistant to the Secretary and Deputy -David C. Kohler has been promoted the Board of Directors of the Jazz Arts Secretary of Defense in Washington, to deputy Group of Columbus, a non-profit orga­ D.C. general nization of professional jazz musicians. -Jonathan E. Claiborne represented counsel­ -Evan H. Zucker has opened his own Duke University in October at the inau­ news, of law practice in San Diego, California, guration of the president of the Univer­ Turner specializing in civil litigation. He has re­ sity of Maryland at Baltimore. Broadcast­ cently published articles and photo­ -Russell H. Fox has been named of ing System, graphs in the San Diego Reader about his counsel to the Washington, D.C. office Inc. in At­ expedition to Mexico to observe the total of Gardner, Carton & Douglas, where lanta, Geor­ solar eclipse last summer. he specializes in the telecommunications gia, where area. he oversees , 80-Daniel S. Bowling, III, labor and David C. Kohler '78 legal issues employment counsel for Coca-Cola En­ , 82-Dirk G. Christensen is now a related to terprises, has relocated to the division partner with Bondurant, Mixson & CNN, Headline News, and the office in Columbia, Maryland. Elmore in Atlanta, Georgia, where he company's other news operations. -Kyle A. Citrynell is a partner in the specializes in business and commercial --Chris A. Rallis has been promoted to firm of Seiller & Handmaker in louis­ litigation, including contract, antitrust, assistant general counsel in the law de­ ville, Kentucky, where she concentrates securities and employment litigation. partment of Burroughs Wellcome Com­ in corporate and commercial law with an -Alan T. Gallanty announces the for­ pany in Research Triangle Park, North emphasis on intellectual property. She mation of the firm of Aron, Twomey, Carolina. chairs the board of Afterimages Reper­ Hoppe & Gallanty in New York City, -Sarah Holzweig Steindel joined the tory Dance Company. specializing in commercial litigation. New Jersey Attorney General's Office as -Linda Boyd Griffey, a partner with -Elizabeth A. Galloway has become a a deputy attorney general in September O'Melveney & Myers in Los Angeles, partner in the firm of Taft, Stettinius & 1991. California, has been elected to the Hollister in Cincinnati, Ohio. American Law Institute. -Fern E. Gunn, deputy counsel of the '79-Joel H. Feldman, a partner in the -Elizabeth F. Kuniholm has opened North Carolina State Bar, has been ap­ Boca Raton, Florida firm of Feldman, her own law practice in Raleigh, North pointed by Duke President H. Keith H. Mallinger & Brown, has been elected to Carolina. Brodie to a three-year term on the T rin­ the Board of Directors of the South -Richard C. Van Nostrand, a partner ity College Board of Visitors. She has Palm Beach County Bar Association. He with the law just completed a rwo-year term as chair is also a director of the Florence Fuller firm of of the North Carolina Bar Association's Child Development Center, a non-profit Mirick, Minorities in the Profession Committee, preschool for low-income children. O'Connell, and currently chairs the Access to Justice -Judy M. Herrin has been named vice DeMallie & Campaign, a fund-raising effort for the president and counsel of AT&T Univer­ Lougee in legal services program for the 14th J udi­ sal Card Services Corp. in Jacksonville, Worcester, cial District Bar (Durham County). Florida. Massachu­ -Emily O'Keefe Koczela is an adjunct -William C. Nordlund has been ap­ setts, has professor oflaw at Marquette University pointed vice president, secretary and been elected Law School in Milwaukee, Wisconsin. general counsel of The Oxford Energy to the Ex- -Susan K McKenna is a partner in the Company in Dearborn, Michigan, a Richard C. Van Nostrand '80 ecutlve firm of Garwood & McKenna in Or­ publicly-traded company developing and Committee lando, Florida, where she is an employ­ operating independent power projects of the Worcester County Bar Associa­ ment law litigator. using waste tires as fuel. tion. He is also co-chair of the Bar -I. Scott Sokol is the director of com­ -Jeffrey B. Ritter has been named of Association's Superior Court Committee munity relations and political education counsel to the Columbus, Ohio office of and is a member of the Executive Com- for a large trade association in Maitland, VOL U M E J 0 , NO. J 39

Florida, where he works on affordable commercial -Paul A. Kramer has been named vice housing and homeless issues. He was disputes in president and counsel of Shawmut Bank recently appointed by Governor Lawton alternative in Boston, Massachusetts. Chiles to a three-year term on the State dispute reso­ -George C. McFarland, Jr. recently Board of Dentistry, representing the lution fo­ became associated with Kassab, consumers of the state of Florida. rums, such Archbold, Jackson & O'Brien, a general -Lynette Remen Zinberg has joined as contract practice law firm in Media, Pennsylva­ the law firm of McDermott, Will & arbitrations nia, where he specializes in plaintiffs' per­ Emery, practicing in the real estate de­ and media­ sonal injury litigation. partment of the firm's New York City tions. -Audrey McKibbin Moran has been office. -MarkL. named director oflegislative affairs for Paul A. Hilding '83 Koczela is a the Office of the Mayor in Jacksonville, '83-Kathryn M. Battuello has been shareholder Florida. named a partner at Karr Tuttle with Godfrey & Kahn in Milwaukee, -Steven D. Plissey, along with four Campbell in Seattle, Washington. Wisconsin. other partners, has formed the firm of -David L. Blisk has joined Shearson -Jerry H. Owens has been named a Williams, Youle & Koenigs in Denver, Lehman Brothers as a financial consult­ partner in the Pittsburgh, Pennsylvania Colorado. ant in their Mclean, Virginia office. He office of Kirkpatrick & Lockhart, eH"ec­ -John F. (Sandy) Smith has been specializes in private money manager tiveJanuary 1,1992. named a partner in the fum of Morris, counseling, small to medium pension -Thomas F. Zych has been elected a Manning & Martin in Atlanta, Georgia. plans, and financial and estate planning. partner in the -Anne M. Stolee has been named a -Linda Markus Daniels announces the Cleveland, partner in the Washington, D.C. office re-establishment of the firm of Daniels Ohio office of Laughlin, Halle, McBride, Lunsford & Daniels in Research Triangle Park, ofThomp­ & Fletcher. Notth Carolina. son, Hine -Rebecca E. Swenson has been named -Daniel F. Gourash has been elected and Flory, a partner in the Washinton, D.C. office secretary of where he is a of Arnold & Porter, where she practices the Young member of general litigation. Lawyers Di- the firm's -David T. Thuma has been made a vision of the antitrust, partner at Poole, Kelly & Ramo in Albu­ ..... '...... 1;-: American international querque, New Mexico. (... ..~. Bar Associa­ and regula- Thomas F. Zych '83 o· tion. The tory group. , 85-Janet Ward Black, a partner with position of Wallace, Whitney & Black in Salisbury, secretary is '84-Gary P. Biehn became a partner North Carolina, was recently elected the first of­ in the Philadelphia, Pennsylvania firm of president of the Rowan County Demo­ J1 fice in the White & Williams on January 1, 1992. cratic Women's Association and named Daniel F. Gourash '83 successIon to -Douglas B. Cannon has been named to the Board of Directors of the Salis­ chair of the a shareholder in the firm of Fabian & bury Rotary Trust Foundation. She is Young Lawyers Division. He is an attor­ Clendenin in Salt Lake City, Utah. also president-elect of the Rowan ney in the Cleveland, Ohio office ofPor­ -Gusti W. Frankel has been made a County Bar Association. ter, Wright, Morris & Anhur, where he partner in the Winston-Salem, North -Harry P. Brody is now with the Rock focuses on civil litigation matters includ­ Carolina office of Womble Carlyle Hill, South Carolina office of the firm of ing complex commercial litigation, bank Sandridge & Rice. Maupin Taylor Ellis & Adams. fraud and insurance coverage. -Michael G. Jarman is now a partner -Allan A. Capute is now special assis­ -Paul A. Hilding has been elected a with McNees, Wallace & Nurick in tant to the General Counsel of the Secu­ partner in the San Diego, California of­ Harrisburg, Pennsylvania. rities & Exchange Commission in fice of Brobeck, Phleger & Harrison, -Lauren W. Jones is now a senior at­ Washington, D.C. where he specializes in real estate, insur­ torney with The Coastal Corporation in - Tia L. Cottey has been promoted to ance coverage, environmental and gen­ Houston, Texas. assistant vice president by NCNB Na­ eral business litigation. He also handles tional Bank of Florida in Tampa. 40 D U K E LAW MAG A Z I N E

-Randy M. Friedberg has become and legal services at the Washington '89.-sean Callinicos has been named associated with the new law firm of State School Directors' Association in an associate in the Raleigh, North Caro­ Hall, Diclder, Lawler, Kent & Friedman Olympia, Washington. lina office of Maupin Taylor Ellis & in New York City, where he specializes -Christopher Q. Willtter has been Adams. in trademark and copyright law and elected to the Board of Directors of the -Richard N. Cook has become an asso­ litigation. Hollywood, Florida Chamber of Com­ ciate with Maupin Taylor Ellis & Adams -William W. Horton was named a merce. He practices with the firm of in the firm's Raleigh, North Carolina shareholder in the Birmingham, Ala­ Wintter & Cummings in Hollywood. office. bama-based firm of Haskell Slaughter -Yan Xuan has been appointed counsel -Eric L. Hiser is now an associate with Young & Johnson on July 1,1991, of the Division of Dyes and Chemicals the firm of Fe nnemore Craig in Phoenix, where he concentrates in corporate, of Crompton & Knowles Corporation Ariwna. He is also an assistant council securities and healthcare law. in Green Hills, Pennsylvania. commissioner for the Theodore -Neil D. McFeeley, an attorney with Roosevelt Council of the Boy Scouts of the Boise, Idaho firm of Eberle, Berlin, ,88- Theodora Giannakopulu, in ad­ America, which serves Scouts in central Kading, Turnbow & McKlveen was re­ dition to practicing law in Athens, Ariwna and southwestern New Mexico. cently elected to the American Judicature Greece, is teaching business and EEC -Yasumasa Masumoto has recently Society Board of Directors. law part-time at Xeree College, the joined the firm of Braum, Moriya, -John J. Michels, Jr. has recently American College of Greece. Hoashi & Kubota in Tokyo, Japan. joined the Richmond, Virginia office of -William G. Maddox has joined the McGuire Woods Battle & Boothe. Department of Justice, Civil Rights Di­ 'gO-Celia Grasty Jones has been -Harry J. Munsinger, a certified psy­ vision, Special Litigation Section in named an chologist, performs trial psychology con­ Washington, D.C. assocIate In sulting in San Antonio, Texas. -Andrew A. Martin has been ap­ the Raleigh, pointed physician coordinator of the North Caro­ '86-Jerone c. Cecilic is now a trial Tulane University Blood Center and lina office of attorney representing the Army before pathology coordinator of the T ulane­ Petree the Armed Services Board of Contract Louisiana State University AIDS Clinical Stockton & Appeals in Arlington, Virginia. Trial Unit. He also has been named vice Robinson, -Ronald T. Coleman is a litigation president of the Louisiana Medical Soci­ where she associate in the Atlanta, Georgia office of ety Resident Physicians Section and a practices in Paul, Hastings, Janofsky & Walker. case reviewer of the Office of Techno1- the area of -Olivier J. Peclard has been named a ogy Assessment in Washington, D. C. Celia Grasty Jones '90 generalliti­ partner in a new firm-Ponce, Warluzel Additionally, he is on the Board of Di­ gation and & Partners-in Geneva, Switzerland, rectors of the Charity Housestaff Asso­ healthcare law. specializing in international transactions, ciation of New Orleans. -Phoebe A. Kornfeld is on a year's banking and corporate law, and arbitration. -D. Willas Miller is an assistant district leave of absence from the firm of White attorney for the Kings County District & Case in New York City, to pursue '87-David P. Jones has been named Attorney's Office in Brooklyn, New research in Germany under a fellowship counsel of Gerber Alley & Associates, York, where he prosecutes homicide, from the Alexander von Humboldt Inc. in Norcross, Georgia, a supplier of rape and child molestation cases. In Feb­ Foundation. hospital information systems. ruary of 1991, he narrowly escaped seri­ -Arthur Stock has joined the firm of -John R Keller, an attorney for East­ ous injury after being shot in the fore­ Berger & Montague in Philadelphia, ern Carolina Legal Services in Golds­ head by a mugger in Kings County. Pennsylvania where he represents plain­ boro, North Carolina, is president of the -Kevin G. Mulcahy is a partner in a tiffs in securities litigation. local chapter of Habitat for Humanity new venture, Pink Slip Productions in -Anthony D. Taibi has been ap­ and serves on the Board of the Shelter of New York City, where he illustrates and pointed assistant professor at the Univer­ Wayne County, which helps abused co-writes "Greetings for the Unemployed," sity ofIllinois College of Law. women. a line of greeting cards specifically de­ -Kenneth Warnick is an associate with -Brian L. Rubin has become a litiga­ signed to comfort the newly jobless. the firm of Lewis D'Amato Brisbois & tion associate with Melrod, Redman & -Kenneth Y. Yun is a founding mem­ Bisgaard in Los Angeles, California. Garclan in Washington, D.C. ber of the new Samjong Law Office in -Lorraine L. Wtlson is the associate Seoul, Korea, a full-service law office spe­ director of governmental relations/policy cializing in international transactions. VOLUME 10. NO.1 41

Personal Notes

'50-Robert 1. Clifford, a justice on 1991-92 academic year, Diane is a visit­ proud parents of their second daughter, the Supreme Court of New Jersey, was ing professor at the University of Louis­ Katherine Sheidley Fletcher, born June married to Ruth Alexander Bannerman ville School of Law. 5, 1991. on November 2, 1991 in Chester, New --Susan Westeen Novatt and her hus­ Jersey. '80-Robert R Cole and his wife, Su­ band, Jeff, are happy to announce the san, announce the binh of a daughter, binh of their first child, a son named '77 -Heloise C Merrill and her hus­ Lynette Susan, born on October 1, Jonathan David, born on March 20, band, John Noblitt, are happy to report 1991. They reside in Stanwood, Wash­ 1991. the binh of a son, Ian Merrill Noblitt, ington, where Robert practices with the -Beth J. Willard was married to W. born on July 2, 1991. Heloise is a part­ firm of Cole & Cole. Michael Miller on March 9, 1991 in Or­ ner with the Charlotte, North Carolina -R Scott T oop and his wife, Diane ange County, Florida. Beth is an attor­ firm of Parker, Poe, Adams & Bernstein. Rowley T oop '79 are pleased to report ney in Winter Park, Florida. -William H. Pauley and his wife, the binh of their third child, a daughter -C Scott Rassler and his wife, Karen, Kimberly, proudly announce the binh of named Kimberly, born on May 31, 1991. are pleased to report the birth of their a son, Kendall Robert Pauley, born on Scott is division counsel for Kentucky first child, a daughter named Brielle November 27,1990. Fried Chicken, a subsidiary of PepsiCo. Paige, born on August 16, 1991. -Mary Alice Carson Robison, and her '78-Andrew M. O'Malley, and his '81-Linda Cox Fornaciari, a partner husband, Ed, announce the arrival of wife, Nancy, happily announce the binh in the San Francisco, California firm of their first child, a daughter named of a son, named Thomas Christopher, Hancock, Rothert & Bunshoft, and her Rachel Joy, born on June 20,1991. on May 10, 1991. husband, Bert, announce the binh of their first child, Jack Cox Fornaciari, on , 84-Duane M. Geck and his wife, '79-earol Gray Caldwell and her June 24, 1991. Terri, happily announce the arrival of husband, Harry, are pleased to report the -Abigail T. Reardon Gosnell and her their second son, Richard Joseph, born binh of their second daughter, Phoebe husband, Anhur, are the proud parents on April 27, 1991. Gray Caldwell, born on August 15, of a son, Thomas Hale Gosnell II, born -Audrey McKibbin Moran and her 1991. on March 14, 1991. husband, John, are the proud parents of -Joel H. Feldman was married to --Sharon Kronish Wasserman and her their second child, a son named John A. Cheryl White in May of 1991. They husband, Steven D. Wasserman '79, are Moran III Gack), born on April 29, reside in Boca Raton, Florida. happy to report the birth of a daughter, 1991. -Terence M. Hynes and his wife, named Allison Rachel, born on October -M. Jane Williamson was married to Kathi, happily announce the binh of 9,1991. Stephen Van R. Winthrop on July 20, their third child and first son, Patrick 1991. They now reside in Charlottes­ Francis, born on July 29, 1991. Terry is , 82-Ronald B. Landau was married ville, Virginia where Jane is studying for a partner at Sidley & Austin in Washing­ to Carol Francis on May 19, 1991. Ron her Ph.D. in clinical psychology at the ton, D.C is supervising tax counsel for ARCO University of Virginia. --Steven D. Wasserman and his wife, Corporation in Los Angeles, California. Sharon Kronish Wasserman '81, are --Susan K McKenna and I. Scott '85-James S. Christie, Jr., and his pleased to report the birth of a daughter, Sokol, both Class of'82, are happy to wife, Donna, happily announce the binh named Allison Rachel, born on October repott the binh of their first child, a of a second child, a daughter named 9, 1991. daughter named Allison Morgan Sokol, Rachel Harris Christie, on July 19, -CarIJ. Schuman was married to Mary on August 28, 1991. 1991. Ellen DeMilia in October 1990 in Groton, -Davia Odell Mazur and her husband, Connecticut. Carl is with the United , 83-Mark S. Calvert and his wife, Jim, are the proud parents of their first States Attorneys Office in Hartford. Rosemary, announce the arrival of their child, a son named Andrew Gregory, -Diane Rowley T oop and her hus­ third child and second daughter, Emily born on April 23, 1991. Davia is a share­ band, R Scott T oop '80 are the proud Ruth, born on March 9, 1991. holder in the Miami, Florida firm of parents of their third child, Kimberly, -Lynn Rosenthal Fletcher and Robert Starns Weaver Miller Weissler Alhadeff born on May 31, 1991. During the P. Fletcher, both Class of'83, are the & Sitterson. 42 D U K E LAW MAG A Z J N E

-Karen Comeau McDade is happy to -J. Thomas Yin, III was married to Class of '87 Celebrates Vitti announce the birth of a son, Mark Alan Udayamurthy Wedding Kamala Udayamurthy on April 27, McDade, born on May 30, 1991. 1991 in Minneapolis, Minnesota, where Karen, recently widowed, is with Minkin Tom is an associate in the trial depart­ & Snyder in Atlanta, Georgia. ment of Dorsey & Whitney.

, 8S-Elizabeth Johnson Gustafson '8B-David E. Friedman and his wife, and Mark D. Gustafson, both Class of Melinda, are happy to announce the '86, are proud to repon the birth of their birth of a son, named Aaron Gordon, first child, a daughter named Devin born on March 9, 1991. Anne, born on August 23,1991. -Lisa J. Reed and her husband, John -Lisa Long Kennedy and Kermit B. Orr, are the proud parents of a son, Kennedy, both Class of '86, joyfully an­ named Clarke Reed Orr, born on July nounce the birth of their first child, 26, 1991. Lisa practices with the firm of George Roben, on September 1, 1990. Carruthers & Roth in Greensboro, -Jessica Essex Lorden and her hus­ North Carolina. band, Dave, proudly announce the ar­ Several members of the Class of '87 attended rival of their first child, a daughter the wedding of their classmate, Tom Vitt, to '89-Claude I. Schoenberg and Kamala Udayamurthy in Minneapolis, Min­ named Sarah Alison, born on July 9, nesota on April 27 , 1991 . Pictured left row, Patricia Romano Schoenberg, both 1991. bottom to top,are: Jay James, Mike Andreana, Class of'89, happily announce the ar­ -Oliver J. Pedard, and his wife, Gordon Renneisen , Joe Rosh, and Paul Nofer; rival of their first child, a daughter Nicole, announce the arrival of a second center row, bottom to top, Mark Israel, Chip named Elizabeth Rose, born on October child and first son, named Vincent, born Griule, and Joe McHugh; right row , bottom 17, 1991. to top , Tom Vitt and Kamala Udayamurthy, on July 16,1990. Jeff Kern, Steve Kurtz, Dave Lorig and Marvin 8erchin. 'gO-Debra K Marcus and Michael J. ,87 -Rebecca A. Ament was married Watton, both Class of'90, were married to Simon P. Carr on May 19, 1990 in on June 23,1991 in Milwaukee, Wis­ Duke Chapel. Rebecca is now an attor­ -Brian B. Gilbert was married to Elyse consin. They reside in Scottsdale, Ari­ ney in New York City at Chadbourne & Michelle Weintraub on May 26, 1991 zona and both work in Phoenix. Parke, specializing in labor and employ­ in Akron, Ohio. They reside in Chicago, -Timothy S. Crisp and Kristen E. ment discrimination. Illinois where Brian is an associate at Scheffel, Class of '91, were married on -Benoit Feron, and his wife, Anne Gould & Ratner. December 21, 1991 in St. Louis, Mis­ Maton, happily repon the birth of a -Amy Solomon Hecht, and her hus­ souri. They reside in Chicago, Illinois, child, named Dorian, born on June 13, band, Allen, are delighted to announce where Tim is with Peterson, Ross, 1991. the birth of a daughter, named Sara Schloerb & Seidel and Kristen is an asso­ Hilary, on July 3,1991. ciate with Nisen & Elliott.

Obituaries

Class of 1928 counsel to the Appomattox River Water Citizens Award from the Prince George Francis L. Wyche, Sr. died on De­ Authority. He served on the Governor's Ruritan Club of which he was a charter cember 29, 1990. He was a partner in Advisory Board for Industrial Develop­ member and past president. the firm of White, Hamilton, Wyche ment in Virginia, was past president of Wyche is survived by his wife, Harriet and Shell in Petersburg and Prince the Appomattox Basin Industrial Devel­ Pope Wyche; two daughters, Harriet George, Virginia, retiring in 1982, and opment Corporation and past chairman Wyche Scott and Susan Wyche Winter; was commonwealth attorney for Prince of the board ofJohn Tyler Community one son, F. Lewis Wyche, Jr.; a sister, George County from 1943 to 1973. College. He was the recipient in 1966 of Traynham Wyche Clark; and eight Wyche was a member of the Board the Outstanding Citizen Award from the grandchildren. of Directors of the Bank of Southside Petersburg Lodge No. 1067 B'nai Brith Virginia and served for many years as and the recipient in 1979 of the Senior VOL U ME l O. NO. 1 43

Class of 1936 ment in 1969, he worked for the Interior position he held for six years. He was a Franklin H. Cook of State College, Department, where he became director former partner in Jacksonville's largest Pennsylvania died on August 12, 1991. of the Office of Minerals and Solid Fu­ law firm, Mahoney, Hadlow & Adams. He was professor emeritus of business els. He then joined the faculty of Ameri­ U mil his death, he was chairman of the law at Penn State University, where he can University's business administration Jacksonville Transpottation Authority, taught for almost forty years in the fields school, where he taught until retiring on the Board of Trustees ofJacksonville of economics, accounting, public utilities again in 1974. University, and a partner in Touchdown and business law. Although he retired Flory helped establish the Weems­ Jacksonville! Ltd., a group trying to bring from Penn State in 1976, he continued Potts Museum and also organized the a National Football League franchise to to teach a course on corporate morality Prince William County Historical Com­ Jacksonville. and he also compiled and distributed a mission and was a charter member of the Hadlow had served as president of monthly investment service newsletter. Prince William County Industrial De­ the Florida Bar Association, the Florida Cook was best known for his work on velopment Authority. Bankers Association, and the Jacksonville public utilities; his major research and Flory is survived by a son, William, Bar Association. He was also a former scholarly contribution was a ratio analy­ Jr. of Woodbridge; a daughter, Anne chairman of the Jacksonville Chamber of sis of the electric power industry from Arendt Naedele of Sudbury, Massachu­ Commerce. He served with the Army in 1940-69, classifYing companies accord­ setts; and two grandsons. France, Germany and Austria during ing to type and size. World War II. Cook was an operator! collector of Class of 1947 He is survived by his wife, N aney the Train Collector's Association, and A. John Riggall, Jr., of Roswell, Petway Hadlow; two sons, Bryce had collected every American Flyer loco­ Georgia, died November 7, 1991 in St. Hadlow of Jacksonville and Richard motive made between 1946 and 1966. Augustine, Florida. He had been an asso­ Hadlow of Tampa; two daughters, Erin He also managed three family farms in ciate professor of marketing at Georgia Hadlow and Janet Hadlow Catlin, both Pennsylvania for a number of years, and State University in Atlanta. of Jacksonville; and five grandchildren. was active in many civic organizations, Riggall is survived by his wife, Mary including the State College Zoning Elizabeth Callaway Riggall; his step­ Class of 1951 Hearing Board, the American Cancer mother, Frances M. Riggall; three sons, Robert G. Jack, of Columbus, Society, Meals on Wheels, the American Michael, Christopher and Steven; three Ohio, died on October 2, 1991. He had Red Cross, and the Child Development step-daughters; and ten grandchildren. practiced law in Columbus for over Council. thirty-five years and had also served as a Cook is survived by his wife, Anna Class of 1948 special agem in the FBI. Jack was a Graybill Cook; a son, Franklin R. Cook Wendell RoyWilinoth, of Char­ member of a number of civic organiza­ of Annandale, Virginia; a brother, Rob­ lotte, North Carolina, died on May 9, tions. ert N. Cook, also Duke Law School 1991. He retired in 1976, after serving He is survived by his wife, Helen B. '36, of Cincinnati, Ohio; and a grand­ sixteen years as a lawyer with Duke Jack; three sons, Jeffrey, Randall and daughter. Power Company. Gary; a daughter, Cindy Caserta; a sister; Wilmoth is survived by his wife, a brother; and two granddaughters. Class of 1938 Tommie; two sons, Phil Isaacs and Keith William E.S. Flory, died April 27, Isaacs; three daughters, Deborah Motto, Class of 1959 1991 at his home in Woodbridge, Vir­ Barbara Broadway, and Dianne Sharpe; Frank David Nichols died on July ginia. He worked for state agencies in a brother, Richard; a sister, Mattie-Ruth 16, 1988 in Los Angeles, California. He New York and New Jersey before going Phillips; seven grandchildren; and one was an attorney in Malibu. He is sur­ to the State Department in Washington, great-granddaughter. vived by two daughters, Marie Cherie D.C. during World War II. He stayed at and Sandra; a granddaughter; and a the State Department until the late Class of 1950 brother. 1950s, where he negotiated international Earl B. Hadlow, of Jacksonville, agreements involving whaling and inter­ Florida, died on January 12,1992. He national commodities. From the late retired as vice chairman and general 1950s until retiring from the govern- counsel of Barnett Banks, Inc. in 1990, a 44 D U K f: I. A W MAC; A Z I N E

Alumni Seminar ...... April 9, 1992 Barristers Weekend ...... April 10-11, 1992 Board ofVisitors Meeting...... April 10-11, 1992 Commencement ...... May 17, 1992 ABA Meeting Reception ...... August 10, 1992 Board ofVisitors Meeting ...... September 18, 1992 Law Alumni Weekend ...... September 18-19, 1992

The following classes will celebrate their reunions in 1992: Class of 1941 and prior...... The Half Century Club Class of 1942 ...... 50th reunion Class of 1947 ...... 45th reunion Class of 1952 ...... 40th reunion Class of 1957 ...... 35th reunion Class of 1962 ...... 30th reunion Class of 1967 ...... 25th reunion Class of 1972 ...... 20th reunion Class of 1977 ...... 15th reunion Class of 1982 ...... 10th reunion Class of 1987 ...... 5th reunion

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

Members of the Class of 1981 returned to campus in October for a tenth reunion . CHANGE OF ADDRESS (Return to law School Alumni Office)

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