Inside: Five Clinics Deepen Experiential Learning Opportunities

DUKE LAW MAGAZINE DUKE

Spring 2003 | Volume 21 Number 1 Spring 2003 Volume 21 Number 1

Inside: Five Clinics Deepen Experiential Learning Opportunities at Duke Law School Also: Walter Dellinger, Ken Starr: Supreme Court Advocates in High Demand From the Dean

his issue of Duke Law Magazine organizations in low-wealth areas highlights a number of exciting that need legal and business planning developments at the Law School services in order to advance projects Tgiving students opportunities to designed to improve the economic base develop their legal skills and judgment of the community. Students in the in real cases involving real people Children’s Education Law Clinic in real time. become advocates for children seeking The stepped-up emphasis on experi- appropriate educational services in area ential learning is not at the expense of schools. Students in the Duke Law the analytical training that takes place Clinic for the Special Court in Sierra in the classroom. Learning to think Leone provide research and counseling and reason “like a lawyer” remains the services to officials in Sierra Leone who central focus of the educational mis- are establishing a unique form of war sion of Duke Law School. Hands-on crimes tribunal. learning extends what students learn in Along with our legal clinics remain the classroom, helping them to opera- a robust set of clinical offerings that tionalize their analytical training and give students opportunities in simulat- often motivating them to take more ed settings to practice their legal skills. seriously their entire educational pro- Trial Practice remains an extremely of our graduates and a number of gram. It also trains them in certain popular program, taught by a number foundations. The Duke Endowment, legal skills they do not get in the tradi- of Duke Law graduates including Don the Z. Smith Reynolds Foundation, tional classroom experience: interview- Beskind LLM ’77, Elizabeth Kuniholm Fannie Mae, the Fox Family ing, client counseling, mediation, busi- L ’80, and Charles Becton L ’69. A Foundation, the Hillsdale Fund and ness planning, drafting and advocacy. growing number of our students take the Knight Foundation are among Perhaps most of all, practicing their Negotiation and Mediation, and other those foundations that have given the skills under close supervision in real courses, such as Legal Writing, Corpo- Law School critical support for our cases helps students to learn how to rate Restructuring and Estate Planning, clinical and public interest programs, take responsibility and to develop that give students the opportunity to prac- and I cannot thank them enough for all-important legal judgment that the tice a wide range of practical skills. this support. I cannot list all of the best lawyers bring to their profession. The Law School also has enhanced graduates who have helped to boost I am excited about the potential our its support for public interest programs our efforts in these areas, but alumni legal clinics have to improve the educa- and pro bono work, giving students support has been and will remain criti- tion of our students. Students who non-curricular as well as curricular cal to our continued success. I thank have enrolled in one of our two ways to develop practical skills, leader- all of you who have helped, or will established clinics – the Death Penalty ship, judgment and the habit of public help, us to meet our ambitious goals. Clinic and the Legal Assistance Project service. Many of these projects are – often report that the clinic was the described in this issue, along with indi- “best course they have ever had.” Our vidual stories that demonstrate what three new clinics cover a range of sub- significant pro bono experience has Katharine T. Bartlett ject and practice areas, giving students added to the professional satisfaction Dean and more variety in their clinical courses. of some of our graduates. A. Kenneth Pye Professor of Law Students in the Community Economic Our new legal clinics and growth in Development Law Clinic engage with public interest programming has been businesses and economic development made possible through the generosity

Spring 03 Duke Law Magazine 1 Selected Spring 2003 Events February 4 March 28 Rabbi Seymour Siegel Memorial Lecture in Ethics Duke Magazine Forum Dr. Leon R. Kass, Chair, James Boyle, William Neal Reynolds Professor of Law President’s Council on Bioethics March 28-29 February 21 Admitted Students Open House Weekend Annual PILF Auction/Gala Duke Law welcomes prospective students to campus Sponsored by the Public Interest Law Foundation April 4-6 February 22 Conference on International Public Goods and Transfer Business Law Society Smoker of Technology after the TRIPS Agreement of 1994 Organized by the Business Law Society Sponsored by the Center for Study of the Public Domain at Duke February 24 Meredith and Kip Frey Lecture in Intellectual Property April 10-11 Mr. Jack Valenti, President and CEO, Conference on Legal and Policy Considerations Motion Picture Association of America Involved in Confronting Iraq Sponsored by the Center on Law, Ethics and National Security March 12-14 Directors’ Education Institute at Duke Sponsored by the Duke Global Capital Markets April 11-13 Center and the NYSE Foundation Law Reunion Weekend Duke Law welcomes alumni back to campus March 18 Great Lives in the Law April 14 The Honorable Sandra Day O’Connor, Professional Sports: Challenges & Opportunities Associate Justice of the United States Organized by Professor Paul Haagen

March 21 May 10 Conference on Emerging Issues in Law School Hooding Ceremony Community Economic Development Law Keynote: The Honorable Dennis Archer, Sponsored by the Duke Law President-Elect, American Bar Association Community Economic Development Clinic

Symposium on Hot Topics in Patents and Trademarks May 11 Sponsored by the Duke Law Intellectual Property Duke University Commencement Exercises and Cyberlaw Society Keynote: The Honorable Kofi Annan, Secretary-General of the United Nations Spring 2003 | Volume 21 Number 1

DEAN Katharine T. Bartlett

ASSOCIATE DEAN FOR EXTERNAL RELATIONS Linda G. Steckley

DIRECTOR OF COMMUNICATIONS Diana L. Nelson

EDITOR Jonathan Goldstein FEATURES ASSOCIATE EDITOR Janse C. Haywood Hands-On Learning CONTRIBUTING EDITORS Jean Brooks Melanie Dunshee Clinics, pro bono opportunities and public interest programs enrich the Duke Law experience CONTRIBUTING WRITERS 14 Otis Bilodeau Shannon Frank ’05 18 Special Court for Sierra Leone Clinic Tia Hall ’03 James B. Hawkins ’82 20 Death Penalty Clinic John Keller ’87 23 Community Economic Development Clinic Stephen Minter ’03 James Smith III ’94 25 Children’s Education Law Clinic Carol Spruill 26 Legal Assistance Project DESIGN Capital Strategies

PHOTOGRAPHY Walter Dellinger and Kenneth Starr O’Neil Arnold Ian Bradshaw Jonathan Goldstein Duke Law professor and alumnus clash, and now Mike Lynaugh join forces, before the U.S. Supreme Court Kate Melcher 32 Todd Shoemaker Bill Wilcox, The Herald-Sun DEPARTMENTS Duke University Photography: Chris Hildreth, Les Todd, From the Dean Jim Wallace, Jon Gardiner 02 Letters to the Editor 03 News Briefs 29 Conversation Profiles 39 Wesley Powell ’94 40 Farley Collins ’00 41 John Bolin ’03 43 Debbie Greenblatt LLM ’80 First Person 44 John Keller ’87 46 Maj. James Smith III ’94 47 James B. Hawkins ’82 Faculty News 49 Faculty Focus 53 Faculty Notes Alumni News Duke Law Magazine is published under the 63 Alumni Notes auspices of the Office of the Dean, 70 In Memoriam Duke University Law School, Science Drive and Towerview Road, Durham, NC 27708 72 Sua Sponte

Spring 2003 • Duke Law Magazine 1 Letters to the Editor

The following letter by Jack L. Bloom ’47, responds to Dean Katharine Bartlett’s “from that they joined us at Duke, with a combined the dean” column in the Fall 2002 issue of Duke Law Magazine and an October letter faculty, each graduate receiving his degree from Dean Bartlett to Duke Law alumni and friends. from his own law school. I always have believed that we had a Dear Editor: and contributed greatly to the expansion first-rate faculty then. I am not trying to As an alumnus of Duke University Law of international law, according to a 1999 compare either the faculty or the student School, I am impressed by the Law School’s publication of the U.S. Holocaust Memorial body then or now in any manner. LSAT did activities, faculty, and student body as related Museum. It is my understanding that he not exist when, in early 1941, I applied to in your letter of Oct. 1, 2002 and in the fall was instrumental in drafting the text of the and was accepted by Harvard, Yale, Virginia 2002 Duke Law Magazine. The faculty is genocide treaty and in its adoption by and Duke. I decided on Duke Law for many outstanding. The students are the pick of the United Nations. reasons. I also am sure that the student the crop, and, obviously, acceptance of a I often spoke to Dr. Lemkin, but he never body now is a collective bright bunch of student by Duke Law School is a signal mentioned his own background, although I people, and, to the credit of Duke, it is more achievement of the highest order. They knew, of course, that he was from Poland diverse than was my own class. speak well for the development of the and had occupied a prominent position in Incidentally, I do not use the expression School, which has expanded to a degree legal matters there. He called me the “tiger “The Greatest Generation” which some have unthought of in my day. I am proud to have of contracts” because, I assume, I was applied to the World War II generation. It is received my law degree from Duke. awarded a book in my first year as a prize over-blown, and each generation discharges The statement in the first paragraph of for my grade in that subject. However, he its own obligations. your letter that: “Each year our faculty and was an older man, far removed in almost In the final analysis, my one reservation student body are more impressive in quality...” every aspect of life from my own, as I grew is about your expression “...more impressive caught my attention. I assume that in using up in Greenville, SC. I had my own studies, in quality....” Obviously my Law School was a that phrase you referred to things academic absorbing most of my time, trying to learn different school in a different world, and I do and scholastic, and that made me think law and anticipating my call to military not know how the words “more impressive about times past. service. To my deep regret, I did not share in quality” would apply to the faculty and Go back years ago to a world and circum- with him as I should have, and I now realize students of my time. I believe, however, stances far removed from today. I entered that his world was so torn that I could not that a thought about the past may help Duke Law in September 1941 in a world at really know him. refine the definition applied to the present war and still in economic depression. We did not have computers then; we did faculty and students as compared with Selective Service had been in effect since our research the hard way – books. Our law earlier faculties and students. It may 1940, and reserve officers and National school building was located on the original put some things in perspective. Guard units already had been mobilized. Duke University campus. We did have a –Jack L. Bloom Pearl Harbor brought that war to us on unique compound for law students just off the December 7, 1941, and the impact on the campus near the original medical school. The A lifelong resident of Greenville, SC, School, the faculty, and the students was Law Cabins, as the compound was called, where he lives with his wife, Lillian, immediate and powerful. Many faculty consisting of four log cabins for living quar- Bloom has practiced law since 1947. members left for government service in one ters, and, in the center, the social all-purpose He is a colonel in the U.S. Army Reserve, capacity or another, and students began cabin, called “Equity Hall.” Some students retired, and has been active in numerous leaving for military service in increasing lived in the dormitories, but the cabins gave us community activities. numbers. So few law students remained in a bonding effect. The cabins are long gone 1942 that the U.S. Army Finance Corps and forgotten, but, to paraphrase Daniel Officers Candidate School was able to share Webster, there were those who loved them. the Law School building. We lived in the dormitories when we returned I left for military service in 1942. Among to the Law School after the war. the law students I knew, two, both friends of There were two women in our class at the mine, were killed in combat – William “Bill” start, one leaving before the end of the first Ault, and Beverly “Bevo” Royster. Another, year, the other graduating during the course Edgar H. Keltner Jr., was wounded in of the war. The rest were white males, and France. His father, Colonel Edgar Keltner, we usually wore suits to class. The faculty Letters to the Editor was captured on Bataan and was a POW consisted of all white males, wearing suits. If you would like to respond to an article in until the end of the war, when he was liber- When I came back to Duke in 1946, after Duke Law Magazine, please email the editor ated. There may have been other casualties. my discharge from the Army, only a few of at [email protected] or write Jonathan To the great credit of Duke Law School, those who started with me in 1941 returned, Goldstein, Duke Law Magazine, Duke Law Raphael Lemkin became a member of our and we received our degrees in 1947. The School, Science Drive & Towerview Road, faculty. He originated the word “genocide” law students at Wake Forest were so few Box 90389, Durham, NC 27708-0389.

2 Duke Law Magazine • Spring 2003 {News Briefs Jeff Powell Awarded 2002 University Scholar/Teacher of the Year Award

intellectual capacity with humane qualities.” He is equally popular with the faculty. “Professor Powell is also one of the most collegial faculty members at the Law School,” Bartlett said. “He cheerfully reads and comments on the work of his colleagues and is a leader in his insistence on the highest quality of scholarship in matters of faculty appointments.” Powell earned his bachelor of arts degree (summa cum laude) from St. David’s University College of the University of Wales in 1975, later receiving his master’s of divinity (1979) and juris doctor (1982) degrees from Yale University, and a master’s degree (1977) and doctor of philosophy degree (1991) from the Duke Divinity School. Following graduation from law school, he received a judicial clerkship with the Honorable Sam J. Ervin, III of the United States Court of Appeals for the Fourth Circuit. Prior to permanently joining the Law and Divinity faculties of Duke University in 1989, Powell was a member of the faculty at the University of Iowa and a visiting faculty member at PROFESSOR JEFF POWELL PREPARES TO RECEIVE THE 2002 UNIVERSITY SCHOLAR/TEACHER OF THE YEAR AWARD the University of North Carolina, Duke University and Yale University. eff Powell, a well-published Magazine Outstanding Academic Book of Powell was the principal deputy professor praised by his students 1999; and Languages of Power: A Source solicitor general in 1996 at the Solicitor and his peers, received the 2002 Book of Early American Constitutional General’s office and the deputy assistant JUniversity Scholar/Teacher of the History (1991). His book, The Moral attorney general in the Office of Legal Year Award on Oct. 3. The honor was Tradition of American Constitutionalism: Counsel between 1993 and 1996 at the presented as part of the University’s A Theological Interpretation (1993), United States Department of Justice. Founder’s Day celebration. “represents the best tradition of inter- From 1991 to 1993 he served as special Powell, a professor of law and disciplinary research in law and theology,” counsel to the Attorney General of the divinity at Duke, has authored several said Dean Katharine Bartlett in State of North Carolina. books, including A Community Built on nominating Powell for the award. Powell is the third Duke Law faculty Words: The Constitution in History and Duke Law students presented Powell member to receive the prestigious Politics (2002); The President’s Authority with the Distinguished Teaching Award in award in the last dozen years. Bartlett Over Foreign Affairs (2002); The 1999, citing his “genuinely captivating earned the accolade in 1994, and Deborah Constitution and the Attorneys General and entrancing” lectures, his dedication to DeMott, David F. Cavers Professor of (1999), which was recognized as a Choice teaching and his combination of “great Law, won it in 1989.d

Spring 2003 • Duke Law Magazine 3 News Briefs

The Cultural Extravaganza added a new dimension to International Week, International Week with students displaying and offering detailed explanations of some of the Even Bigger, Better dress, music, drama and other practices from abroad. Among the presentations were a traditional Japanese tea ceremony, Second Time Around Japanese Taiko drumming, German waltzing and comedy, and Chinese pop music and calligraphy. Students said the cultural exchanges were invaluable. “Even though these events and programs were aimed to inform members of the School about different countries and different international legal systems, many events, such as the Cultural Extravaganza and International Showcases, were held to demonstrate the many cultural aspects of the Law School,” said Frank Chao, JD/LLM ’04. “The Cultural Extravaganza brought together students and faculty to see and hear the many treasures and talents of the students in the form of music, drama, dance and other cultural practices.” The week concluded with the

HIYUMI YAMADA LLM ’03, VISITING SCHOLAR CLARA GRANIER, MAZIN ALFAQUI ’05, AND International Food Fiesta, which drew MANAKO INUJIMA, WIFE OF NOBUYOSHI INUJIMA LLM ’03, PERFORM A JAPANESE TEA CEREMONY more than 90 students, faculty members and administrators. Participants shared uke Law School hosted its second “Our JD/LLM program and recent dishes and traditions from around the annual International Week in international faculty hires further inter- world and competed for the grand prize the fall semester, with an expanded nationalize the School.” – roundtrip airfare on USAirways to Dlist of activities, participation from Still more activities included: anywhere in the United States, Canada, throughout the Law School and another • A “Practicing Law Around the World” Mexico or the Caribbean. The winners highly popular International Food Fiesta. panel, which allowed the Duke Law were Jun Liu ’04, Fang Xue ’03 and Jing This year’s activities included the first- community to hear firsthand Zhang ’03 for their exceptionally popular ever Cultural Extravaganza: presentations perspectives about the practice Chinese hot pot. by students from abroad about the legal of law in South Africa, Croatia, “I thought International Week 2001 systems, geography and culture of their Portugal, Indonesia and Israel. could not be any better than it was,” said home countries; a speech by James • A “Coffee Talk,” led by Professor Joost Judy Horowitz, associate dean for inter- Joseph, former U.S. ambassador to South Pauwelyn, focused on the benefits and national studies. “But to my great Africa and a professor of the practice of drawbacks of an international legal delight, International Week in fall 2002 public policy at Duke University’s career. In addition to working for a large was even fuller, had more student direc- Sanford Institute of Public Policy; and an private law firm in Belgium before com- tion, and certainly involved even greater international film night. ing to Duke Law last year, Pauwelyn numbers of LLM and JD students work- During the week’s official kickoff, also served as a legal affairs officer for ing together.” d “Croissants et Café avec les Deans,” the World Trade Organization. Dean Katharine T. Bartlett emphasized • A showing of the film “The Trials of the fact that nearly every facet of Duke Henry Kissinger,” inspired by the book Law School includes an international written by Christopher Hitchens, was dimension. “Our students and scholars led by Professor Michael Byers. This from around the world, who are well film night included a discussion about integrated into the life of the School, add the Pinochet case and of Kissinger’s a significant component to the education state immunity from the International of the Duke Law community,” she said. Criminal Court.

4 Duke Law Magazine • Spring 2003 PILF Auction Breaks Record week’s vacation in Provence. A luxury box for a Philadelphia 76ers’ game. A movie night for A30. These were just a few of the items up for the bidding at this year’s record-breaking Public Interest Law Foundation (PILF) auction. Funds raised in the annual event help students pursue public interest employment during their 1L and 2L summers. This year's auction exceeded all past years, netting nearly $30,000 – almost double last year’s take of about $16,000. “The Law School social calendar includes a lot of great events,” said Merrill Hoopengardner ’04, who helped organize the event with Gray Chynoweth ’04 and John Bolin ’03. “The PILF JUSTICE KENNEDY TAKES THE REINS OF A CONSTITUTIONAL LAW CLASS Auction is a real standout because it successfully mixes fun with good works.” Held for the first Justice Anthony M. Kennedy time in the multi- level interior of the Offers Insight into Workings Terry Sanford Institute for Public Policy Studies, the auction featured more of U.S. Supreme Court than 200 items – ranging from a pet- sitting service to exotic vacations – nited States Supreme Court choose each case with extreme care, he donated by alumni, students, faculty, staff Justice Anthony Kennedy visited said, because each one requires the full and friends. A silent auction featuring the Duke Law School this fall, teach- attention of all nine justices and will bulk of these items yielded more than a Uing constitutional law with Duke require crucial time and energy in a ses- few incredible bargains, including two professors, talking with students and facul- sion that must end on time each year – autographed posters of the men’s basket- ty, and meeting with local judges over the June 30. ball team ($60 each), lunch for six ($45), course of three days. On Nov. 18, Justice Justice Kennedy also explained how and a $300 bottle of wine ($165). A Kennedy’s talk on the inner workings of the short oral arguments of the cases also professional auctioneer led the bidding the Supreme Court filled a lecture hall and function as conversations among the jus- on higher priced items, such as basketball drew students to two spillover rooms tices. Some of the questions are meant to tickets, vacations and the ever-popular where his comments were broadcast. stake out a position or make a key point game night with Professors Jim and Justice Kennedy, whose stay at Duke to another justice. That’s important, he Doriane Coleman ($900). Law was sponsored by the School’s said, because the justices rarely discuss “We are grateful this year for all of the Program in Public Law, told students the cases in depth before that point. It’s great donations that came in from stu- how few cases ever reach the Court’s up to the lawyers to be sure they answer dents, faculty, alumni and friends,” said agenda despite the overwhelming number effectively and make themselves a part of Hoopengardner. “And we are really happy of requests. The Court generally receives that conversation. “What you really see is about the enthusiasm all of the bidders 8,000 requests per year for cases to be a discussion the justices are having with showed at the auction. They put us over heard, he said, 500 of which result in each other,” he said. “A skilled attorney the top, and now more students will have significant discussion among the justices. can enter into that.” He added that the the opportunity to pursue work in the Of those 500, only about 100 actually 30 minutes allotted for oral arguments is public interest this summer.”d make it to the calendar. The Court must “cruelly short,” forcing lawyers and jus-

Spring 2003 • Duke Law Magazine 5 News Briefs

tices to cut to the heart of their positions makes the Constitution come alive for and questioning. “There’s not a lot of us,” said 1L Angela Rafoth. “It really time for oratory,” he said. inspired me to look at the Constitution as Civil Rights Justice Kennedy also spoke of the rev- a different vehicle,” added 1L Joy Ganes. erence he and fellow justices have for the “He was very engaging and informative.” Lawyer, Educator Supreme Court and the law. Every case is The 66-year-old Justice Kennedy was handled with great seriousness, and gut nominated to the Supreme Court by Presents Great reactions take a back seat to consideration former President Ronald Reagan and was of precedent, ethics and the basics of the affirmed by a 97-0 vote on Feb. 11, 1988. Lives in the Constitution. “I’ve been a judge since Many observers say that, along with 1975,” he said. “And I’ve been surprised justices Sandra Day O’Connor and, to at how often I’ve had to go back to the some degree, David H. Souter, Justice Law Lecture beginning.” Kennedy has joined a conservative though That reverence for precedent and reluc- moderate group that often has steered the he judicial and political atmosphere tance to overturn it partially comes from Court in a cautious direction. for defending civil rights in America the notion that any changes to interpreta- Chief Justice William H. Rehnquist, is far from ideal today, veteran civil tions of law or the Constitution can have who was the inaugural speaker at Duke Trights lawyer and activist Julius lasting and profound consequences, Law’s Great Lives in the Law lecture series, Chambers told a packed lecture hall at Justice Kennedy said. “You’re bound by often relies on Justice Kennedy’s ability Duke Law School on Oct. 22. But the what you do,” he said. “I have to discern to find common ground among the con- fight is worth fighting and progress still the consequences of what I do.” servative and liberal justices. This has is possible, the well-known litigator and He lamented what he described as reinforced Justice Kennedy’s reputation as educator said during the second install- declining civility in the justice system, and a fulcrum on which the Supreme Court ment of Duke Law’s Great Lives in the he encouraged students to follow the sometimes balances. Law lecture series. example of the Supreme Court, where jus- Chris Schroeder, Charles S. Murphy “It is true that we have new members tices can strenuously disagree on a profes- Professor of Law and Public Policy Studies of the Court,” Chambers said. “It is also sional level without taking arguments to a as well as an organizer of the visit, said true that the majority of them do not personal level. “I’m very concerned about Justice Kennedy offered students and view the Constitution as an affirmative the civility of the bar,” he said, describing faculty insight into the Court that wouldn’t arbiter of the rights of minorities and of some lawyers’ efforts to gain advantage be available from many other sources. others disadvantaged. But…using our over their opponents as “Rambo tactics.” “His explanation of how the Court func- system of governance, our judicial system He also expressed concern over rancor tions internally is something students and offers the best hope for a permanent in Congress that has led to a slowdown faculty have no way of learning without resolution of our struggle for improved in filling vacancies in many federal judge- hearing it from the mouth of a sitting opportunities. And there is hope that, ships. He blamed that problem on parti- justice,” he said. “I think what really came despite what appears impossible at sanship among both parties. Ultimately, through when he spoke was how much present, we can, with determination and that partisanship, as well as reliance on reverence he has for the work he does and perseverance, still achieve the kind of popularity polls, has the potential to the law and the Constitution. It also gives America we dream of.” undermine the judiciary. “It’s all poll- you a graphic sense of the importance of The Great Lives series, launched last driven now, and we’re the worst for it,” what you’re studying in class in a way that April with a talk by the Honorable he said. “There has to be a new assertion professors can’t convey.”d William H. Rehnquist, Chief Justice of of principle in Congress.” the United States, invites to the School Students and faculty described the visit lawyers and judges whose lives have been as inspiring. “Having him here really distinguished by substantial legal accom- plishments that have helped change the law or its institutions. The series is spon- “What you really see is a discussion the justices sored by Duke Law School and the Duke Program in Public Law. Associate Justice are having with each other. A skilled attorney Sandra Day O’Connor is next up in this series; she is scheduled to visit the Law can enter into that.” – Justice Anthony Kennedy School on March 18. Chambers, who recently completed an eight-year term as chancellor of North Carolina Central University and practices law in Charlotte, cut his teeth on civil

6 Duke Law Magazine • Spring 2003 the limited gains we had achieved,” he said. “President Ronald Reagan had pledged during his administration to appoint federal judges whom he believed would be less aggressive or active in enforcing Constitutional rights – strict constructionists, they were called – who would interpret the Constitution as it was written in 1776.” Chambers also lamented that the current Court is not as friendly as it once was to the causes he has spent a lifetime supporting, requiring a change in tactics for many civil rights advocates. “We still are trying to ensure improved employment opportunities, access to health care and to decent housing,” said Chambers, who also is director of UNC

CIVIL RIGHTS LAWYER AND EDUCATOR JULIUS CHAMBERS, LEFT, CHATS WITH PROFESSOR JEROME CULP Law School’s new Center for Civil Rights. AFTER DELIVERING THE GREAT LIVES IN THE LAW LECTURE “Discrimination in the administration of criminal justice remains a pervasive rights law four decades ago. After civil liberties,” Chambers said. “For me, problem. Today, however, civil rights establishing a one-man practice in this was an important decision and I will groups plan more how to avoid bad Charlotte, which later expanded into remain grateful for the support and decisions by not presenting cases to the the first integrated law firm in North encouragement I have received along the Court rather than how to obtain favorable Carolina, Chambers and his colleagues way.” That support came from some ones in order to improve opportunities.” scored several major civil rights successes giants of the legal and civil rights com- Now is a time for patience, he added. in the U.S. Supreme Court. munity, including Thurgood Marshall, “Today we have to wait, despite what Among the best known of these Jack Greenberg and John Hope Franklin. Dr. [Martin Luther] King said, and wait landmark cases was Swann v. Charlotte- Chambers’ devotion to civil rights for the right kind of Court and the right Mecklenburg Board of Education in 1971, regularly led to tests of his courage and kind of Congress,” Chambers said. “We which led to federally mandated busing, resolve. During the Swann case, he don’t have the most receptive Congress, helping to integrate public schools across repeatedly was threatened, his office was we certainly don’t have the most receptive the country. Chambers and his team also torched and his car was firebombed. executive, and we don’t have the most won in Griggs v. Duke Power Co. in 1971 Despite the danger, he pushed forward receptive Court.” and Albemarle Paper Co. v. Moody in 1974, and convinced the Supreme Court that Still, Chambers said he has seen much two of the Court’s most significant Title busing was an acceptable tool for deseg- progress in the decades since his father VII employment discrimination decisions. regating schools. was unable to collect a debt from a white In his speech, Chambers said he In 1984, Chambers left his firm to man. And in some recent writings, regularly experienced discrimination as a become director-counsel of the NAACP Chambers said, he sees signs that the child in rural western North Carolina. Legal Defense and Educational Fund in Court may be moving more toward his In one unforgettable instance, his father, New York City, the same organization way of thinking than many civil rights a mechanic, had repaired a white man’s that had helped him set up his initial lawyers would believe. tractor-trailer, but the owner refused to practice. LDF handles up to 1,000 cases “I am optimistic that we will be able to pay the bill – money Chambers’ family at any given time, covering areas such as continue with efforts to build the kind of had hoped to use to send him to board- education, voting rights, capital punish- America we dream of, a country of equal ing school. No lawyer in the state would ment, employment, housing and prisons. opportunity for all without regard to race, touch the case of a black man trying to Under Chambers’ leadership, the organi- color, sex, religion, or economic status,” sue a white one, Chambers said. And zation championed civil rights legislation Chambers concluded. “Like Justice that was merely one example of the wide- and affirmative action programs that Marshall, I believe that kind of America is spread racial inequality that shaped the began in the 1970s and ’80s. possible and that we preserve our efforts landscape of his youth. Those programs sorely needed cham- best by utilizing our system of govern- “I, therefore, decided early that I pions, much as they do today, Chambers ment in the process of achieving it. In would train to become a lawyer and that said. “We were slowly beginning to this endeavor, I remain as optimistic as I would devote my life to civil rights and appreciate that we had to fight to sustain Dr. King. I, too, have a dream.” d

Spring 2003 • Duke Law Magazine 7 News Briefs

if political liberals like it. Many academics also speak of judicial outcomes as following conservative or liberal or progressive philosophies. One question the conference participants examined was whether academics and the press are talking about the same thing when they use these Public Law Conference Questions familiar terms. Many legal theorists and lawyers say the kind of labeling done by Characterizations of Law the popular media latches onto the consequences of legal reasoning when what he fourth annual conference ought to be central to understanding law sponsored by the Program in is understanding the forms and methods Public Law, titled “The of legal reasoning the profession employs. TConstitution and Other Legal On this view, the correct mode of dis- Systems: Are There Progressive and course about legal reasoning evaluates Conservative Versions?” convened Dec. what goes into a legal decision, which 13 and 14 to explore implications of an arguments are better or worse, sound or increasing tendency to depict different unsound, and why – not whether results approaches to law either as “conservative,” satisfy any particular political goal. At the or as “progressive” or “liberal.” same time, it often is hard to distinguish About 45 distinguished scholars, the way legal academics talk about cases including five members of the Duke Law from the way the press does. “In the after- faculty – Sara Beale, Jerome Culp, Jim math of Bush v. Gore,” Schroeder Cox, Laura Underkuffler and Chris observed, “legal academics critical of the

Schroeder – met at Duke to discuss PROFESSOR CHRIS SCHROEDER ORGANIZED decision almost always talked about the various dimensions of the issue. This THE CONFERENCE result in political terms.” year, the conference included discussion “In talking about cases that way,” he of some private law topics, such as tort, the conservative direction, notwithstand- continued, “frequently more seems to be contract and property, as well as the ing disagreements about how far they meant than simple observation of the fact public law topics that are the focus of have moved,” said Schroeder, who organ- that a particular political party likes the the Program in Public Law. Among the ized the conference. “In other areas, how- policy consequences of the result better panelists were 40 leading constitutional ever, the Court defies any consensus than some other. It also suggests that law scholars, including Evan Caminker, classification of this type.” purely political considerations explain Erwin Chemerinsky, Adrienne Davis, Even in those areas where the cases why the case was decided that way.” Neal Devins, Barry Friedman, Pam overall defy any easy classification, such The fundamental question explored by Karlan, Rick Pildes, Robert Post, Judith as First Amendment jurisprudence, the conference participants was whether Resnik, Jed Rubenfeld, Suzanna Sherry, specific cases still get characterized one there are ways to think about law as Reva Siegel, Gerry Spann, Mark Tushnet way or the other. Campaign finance being conservative and liberal that and Eugene Volokh. reform is a good example of a First nonetheless preserve some distinctive Conference participants were asked to Amendment controversy where issue quality of law that distinguishes it from reflect upon the increasingly common outcomes are hard to classify – as politics. “We did not expect to answer tendency for the popular press to label evidenced by the fact that the litigation that question to everyone’s satisfaction,” legal results as conservative, or as liberal team supporting Sen. Mitch McConnell’s Schroeder said after the event. “The or progressive. Supreme Court decisions challenge to the McCain-Feingold- event was a success because the range of are prime examples – almost every news Shays-Meehan legislation includes views represented was quite broad, and story about any important case with a both Kathleen Sullivan and Ken Starr. people were able to debate ideas for sev- divided vote comments upon whether Nonetheless, Schroeder said, “It’s a fair eral days in ways that contributed to the “conservative” and “liberal” justices bet that when the Supreme Court decides everyone’s better understanding of the were in the majority or the dissent. “In the case, the press will label the decision a issues involved.” some areas of law, such as discrimination conservative or a liberal outcome.” The conference sessions were law, criminal defendants’ rights, privacy, The tendency is for cases to be defined recorded and can be viewed at the scope of federal power, and standing, according to where the result fits along a www.law.duke.edu/publiclaw/ there is general consensus that Court political spectrum – conservative if politi- conference/fall2002/schedule.html. d decisions in recent years have moved in cal conservatives like the outcome, liberal

8 Duke Law Magazine • Spring 2003 ing at the artwork,” she said. “They were fascinated with the pieces, which inspired a different feeling in every person.” Marroquin noted that not everyone was pleased with the show. “Some people Artwork Shows thought it was doing a disservice to the victims of the crimes,” she said. “But the Another Side of point wasn’t to glorify the people on death row. It was to generate discussion.” Most of the people on death row are Death Row indigent and cannot pay lawyers’ fees, but creating artwork – ranging from Inmates; paintings to poetry – is something they can do to show their appreciation, said Spurs Debate Cindy Adcock ’91, a Duke Law senior lecturing fellow and supervising instructor of the School’s Death Penalty Clinic. or more than a month last fall, The show included more than 100 pieces Duke Law’s Blue Lounge became an of art, including some from inmates who art gallery to display the drawings, eventually were executed. Adcock lent Fpaintings and other works of a the show a number of drawings and a group many people would consider knitted blanket made by some of her unlikely artists – inmates on death row. clients. Students added artwork they had The art ranged from whimsical draw- been given, and Senior Associate Dean ings of butterflies and kittens to graceful for Academic Affairs Jim Coleman, roses to renditions of Jesus. Landscapes another leader of the Clinic, lent two also were popular subjects, including poetry books that were published and tropical sunsets, farm pastures, moun- dedicated to him by one of his clients, tains and rivers. All of the artwork was Stephen Todd Booker. Leaders of lent to the show by faculty, students, Durham’s Center for Death Penalty lawyers and others who received the Litigation also provided pieces they had ARTWORK donated to attorneys by David Huffstetler, pieces as gifts from death row inmates been given over the years. d Marvin Williams and Elton McLaughlin they had helped defend. The art, often indicative of the inmates’ longing for freedom and desire for redemption, was not for sale, and the show did not raise money for the inmates or anyone else involved. The project was conceived by Kendra Montgomery-Blinn ’03 and Emily Marroquin ’04 to stimulate discussion throughout the Law School about the death penalty and also to show a side of death row inmates that might otherwise go unrecognized. “Our goal was to provide a catalyst for discussion about the death penalty,” Montgomery-Blinn said. “We invited people to come look at the artwork and share any thoughts it invoked in them.” Montgomery-Blinn said the show quickly raised interest among students and faculty, regardless of their views on the death penalty. “Even as we were hanging the show, people were coming in and look-

Spring 2003 • Duke Law Magazine 9 News Briefs

Student-Organized Nixon Panel Addresses President’s Controversial Legacy

wenty-eight years after Richard M. International Law Society. Nixon ’37 resigned as president, a David Lange, a professor of law at panel of Nixon experts, including Duke who started his Law School career This younger brother, Edward, gath- during the Nixon era, moderated the ered at Duke Law on Nov. 14 to discuss discussion of Nixon’s life and legacy, his legacy at the Law School and the including his presidency, resignation changes he wrought on the nation and amid a movement to impeach him, and the world. With a room full of Duke subsequent writings and public service. Law alumni, students, faculty and guests The panelists generally discussed Nixon’s former president vary widely closer to looking on, panel members addressed policy successes, as well as his accomplish- home, with many Americans considering some of the questions and criticisms left ments after his time in office, without him a villain and others viewing him as a behind by the former president, who delving deeply into more controversial tragic hero. resigned in 1974 and died in 1994. aspects of his presidency. “The impression we get around the The panel was organized by Randall Edward Nixon, who graduated from world is something different than we have Cook ’04, who said the event was Duke University in 1952, shared his here,” he said. “But the Americans are intended to ensure that “President views on his brother’s early years at Duke starting to come around.” Edward Nixon Nixon’s legacy remains vital to the insti- as well as the presidency and Richard also said his brother’s intellect and writ- tution we want Duke Law to be, to the Nixon’s later years. The legacy of Richard ings, even after his resignation, should not nation which we serve, and the future of Nixon, he said, is not entwined with be underestimated. “What I appreciate the world we will engage.” A diverse questions of his portrait or presidential most are the books that he wrote,” he group of sponsors included the Program library, neither of which is housed at said. “There is a lot of wisdom in them.” in Public Law, Duke Law Republicans, Duke. It resides in the minds of the peo- Raymond Price Jr., former special con- Duke Law Democrats, the Federalist ple around the world, many of whom sultant to the president and head of his Society, the American Constitution consider Nixon a far greater president research and writing staff, spoke of the Society, Lawyers as Leaders and the than do Americans. Opinions about the close ties he had with the former president, both during and after the presidency. Price characterized President Nixon as “a man of large vision who knew the world, whose actions were calculated and consequential in the arena in which he fought…. Millions of people who have only known the defeats will live more safely because of his victories.” One of the biggest victories, said Price, echoed by other panelists, was the improvement of U.S. relations with China, a potential superpower. Ole Holsti, the George V. Allen Professor of Political Science at Duke University, spoke of President Nixon’s foreign policy achievements. Holsti said the environment in which Nixon started his presidency – including the conflict in Vietnam and an unfriendly Congress at EDWARD NIXON, LEFT, THE FORMER PRESIDENT’S YOUNGER BROTHER, AND RAYMOND PRICE JR., FORMER SPECIAL CONSULTANT TO PRESIDENT NIXON, SPOKE AT THE NIXON PANEL home – was among the worst in history.

10 Duke Law Magazine • Spring 2003 Yet Nixon’s achievements during his six years in office were superior, Holsti said. Although Nixon failed in some arenas, he made significant strides elsewhere, such as China. Philip Lacovara, who was counsel to Duke Law Wins Regional Stage of the Watergate prosecutor and successfully argued for public release of the Nixon National Moot Court Competition, tapes before the U.S. Supreme Court, spoke of the legal milestones Nixon set. Lacovara, who also was an assistant Makes Strong Showing at solicitor general in the Nixon administration, said the legal legacies of President National Round in New York City Nixon often are overlooked. For good or for ill, Nixon was the only U.S. uke Law School won the Meg Turner, also third-year students, took president to be a named party in four regional competition of the 53rd first place by defeating that same UVA Supreme Court cases, he presided over Annual National Moot Court team in the final round. the passage of the War Powers Resolution DCompetition, held in Richmond, The case dealt with the constitutional- and the Independent Counsel Act – each VA the weekend of Nov. 15-16. Of 20 ity of a traffic stop and resulting arrest with continuing relevance – and he was participating teams from 11 law schools in based on an anonymous tip in the mythi- part of early discussions on campaign the region, two Duke teams placed in the cal state of “Calizona,” as approached finance reform. top four. The team of Jontille Fowler, from the standpoint of the Fourth and Edward Nixon said one of the greatest Patrick McLain and Lewis Schlossberg, all Eighth Amendments. lessons he took from his brother was third-year students, reached the semifinals When the top eight teams were learned from Richard Nixon’s final book, before succumbing to the University of announced at the competition banquet Beyond Peace. “Never presume anything Virginia in a close match. The other Duke on Friday night, both Duke teams were until you hear what others have to say, team of Dhamian Blue, Jackie Sumer and among them. learn why they are what they are,” he summarized. “You may not like what they say, but don’t decide it beforehand.” Raymond Price summed up the lessons he drew from Nixon by recounting a final trip Nixon took to Asia as an octogenarian. On that trip the former president met with numerous heads of state and their predecessors in China, Japan and elsewhere. The visits underscored Nixon’s ongoing efforts to understand the world and the respect he received abroad for his own knowledge and perspective. “He wanted to pick everyone’s brain,” Price said. “Others wanted to pick his because they knew they could learn from him. He was always like this in post-presidency years, always trying to be useful to others.” Edward Nixon, who repeatedly spoke of his brother’s reverence toward the presidency, despite impressions to the con- trary based on the Watergate affair, told students at the end of the discussion what advice Richard Nixon would have given to subsequent presidents. “Whatever you do,” he said, “preserve the office.”d JACKIE SUMER, LEFT, DHAMIAN BLUE AND MEG TURNER, ALL FROM THE CLASS OF ’03, WON THE REGIONAL STAGE OF THE NATIONAL MOOT COURT COMPETITION

Spring 2003 • Duke Law Magazine 11 News Briefs

The following morning, the Duke team of McLain, Schlossberg and Fowler beat Kentucky, the defending champions, and the Duke team of Blue, Sumer and Turner defeated Wake Forest, whom they later learned had the highest brief score. This put both Duke teams in the final four, the first time in competition sponsors’ memory that two teams from the same school had shared that honor. McLain and Schlossberg later argued against Virginia, while Sumer and Turner won against Campbell Law School. The finals judging panel included the chief justice of the Virginia Supreme Court, the chief justice and a justice of the West Virginia Supreme Court, and U.S. District Court judges from the Eastern and Western Districts of

Virginia. “These judges were very famil- HARVARD LAW PROFESSOR JANET HALLEY CHATS WITH STUDENTS AFTER PRESENTING THE 36TH ANNUAL BRAINERD iar with the case, and their questions CURRIE MEMORIAL LECTURE were hard, fast and usually right on point,” said Duke Moot Court advisor James Maxwell ’66. “I have attended and participated in a lot of moot court arguments, and this was certainly the best oral Harvard Law’s Janet Halley Gives presentation from two teams that I ever saw or participated in.” 36th Annual Brainerd Currie The team of Blue, Sumer and Turner continued its strong performance in the Memorial Lecture national competition in New York City in January, becoming one of the final 16 anet Halley, a leading scholar in the and legal practice, she has become a well- teams (out of 28) before losing an relationship among gender, sexuality, known voice in fields including politics, extremely close match to perennial race, ethnicity, class and the law, was law and literature. She was an assistant powerhouse South Texas College of Law. Jthe featured speaker Nov. 7 at Duke professor of English at Hamilton College “According to all reports, the argument Law School’s 36th annual Brainerd Currie in Clinton, NY from 1980-85. between South Texas and Duke was one Memorial Lecture. Halley, a Harvard Law In speaking at the Law School, Halley of the best and closest that the judges School professor, gave a speech titled joined a long and distinguished list of had ever heard,” Maxwell said. “Both “A Map of Feminist and Queer Theories Brainerd Currie lecturers. Other recent Meg and Jackie felt that they had per- of Sexuality and Sexual Regulation,” in speakers have included Robert Post of the formed at a high level (which is often the which she pointed out ongoing change University of California at Berkeley; case when the competition performs at a and conflict among leading theorists in Robert Litan of the Brookings Institute; high level), and this view was shared by feminism. Halley, author of Don’t: A Martha Minow of Harvard Law School; Dhamian. When the judges announced Reader’s Guide to the Military’s Anti-Gay and Robert Ellickson of Yale Law School. that South Texas had won, they broke Policy, outlined various theories of femi- The first Currie Lecturer, who spoke at with a tradition in this competition and nism, noting her own evolving belief in Duke in 1967, was Chief Justice Roger told the contestants that the final result them. “Every one of these positions I’ve Traynor of the California Supreme Court. was decided by just one point.” occupied at one time or another, and I see The series recognizes Professor Brainerd The National Moot Court Competition, them all in conflict,” she said. Currie, a scholar who was known for sponsored by the American College of Trial In addition to her JD from Yale Law introducing governmental interest analysis Lawyers and the Bar of the City of New School, Halley earned a PhD in English to the field of conflict of laws.d York, is widely considered the most literature from the University of competitive in the country.d California at Los Angeles as well as a BA in English literature from Princeton University. Through education, training

12 Duke Law Magazine • Spring 2003 STAYING IN TOUCH WITH DUKE LAW SCHOOL HAS NEVER BEEN EASIER.

OUR WEBSITE HAS A NEW LOOK. COME VISIT US AT www.law.duke.edu

Spring 2003 • Duke Law Magazine 13 14 Duke Law Magazine • Spring 2003 Hands-On Learning: Clinics, Pro Bono Opportunities and Public 18 Interest Programs Enrich Special Court for Sierra the Duke Law Experience Leone Clinic By Jonathan Goldstein

he origins of Duke Law School’s commitment to leadership and community engagement, teaching 20 students through practical experience, and providing Death legal assistance to those without the ability to obtain it Penalty stretch deep into the School’s past. Clinic As early as 1931, under the guidance of a lifelong advocateT of legal aid for the poor, Duke Law launched this country’s first law school legal clinic. Director John Saeger Bradway led a group of faculty, practitioners and students in the 23 Duke Legal Aid Clinic, which worked directly with clients, most Community of whom couldn’t afford other forms of representation. Bradway, Economic a long-time faculty member, saw clinical education as a critical Development supplement to classroom work that would enable students to Clinic experience the real-world implementation of laws through face-to-face client contact.

In the seven decades since that first program began, clinics at Duke Law have had their ups and downs. Today, the Law School’s curriculum is experiencing a resurgence 25 of clinical courses as well as a deepening commitment to public interest and pro bono Children’s programs. In 2002 alone, Duke Law started three new clinics – in children’s educa- Education Law tion law, international human rights, and community economic development law. Clinic These joined the already established Death Penalty Clinic, opened in 1995, and the AIDS Legal Assistance Project, begun in 1996. Each of these five clinics combines classes with extensive client interaction under the direction of Duke Law faculty. In the Community Economic Development Law Clinic, for example, students have a 90-minute weekly training session in class and spend at least 100 hours per semester working on various client matters involving 26 corporate law, tax law and business planning. The students also meet with Clinic Legal Director Andrew Foster individually each week to review their work with clients. Assistance Theresa Newman ’88, associate dean for academic affairs, describes a broad range Project of hands-on curricular opportunities at Duke Law and the many benefits they offer students. “Clinics, courses with clinical or experiential components, and many of the

Spring 2003 • Duke Law Magazine 15 Hands-On Learning

Law School’s extracurricular activities Sandridge & Rice. “We often talk about they’re doing,” said Hawkins, also a help students think about and analyze providing students with the legal and member of the Board of the School’s Law the law at a high level,” she said. analytical framework that will help them Alumni Association. “Students realize “But they also prepare students for take their practice to the highest level, that they’re part of something that’s very the everyday tasks they’ll encounter but that doesn’t leave a lot of room for much bigger than themselves. They also in the practice of law.” hands-on work. If you don’t have a way get to see that whatever they end up The more students experience actual to get that experience, when you hit the doing as their main professional avenue work in the law, the better prepared practice of law, you really still have a lot might not be whole or satisfying unless it they are to start a career, she explained. of learning to do that transactions also has an element of service to it.” “These courses build on doctrine learned require.” in the classroom and develop skills such The Law School’s increasingly robust ublic interest programming comple- as how to interview clients, prepare blend of clinic offerings helps to produce Pments many of the positive features of arguments, draft briefs, manage leaders who are engaged in their own clinical courses. caseloads and present case summaries learning, their communities, and the Carol Spruill, associate dean for public to supervising lawyers.” legal profession, said Dean Katharine T. interest and pro bono and teacher of the Bartlett. “Clinics play an important role Poverty Law class, oversees various activi- dditional classes at Duke Law, such as in our focus on developing leadership ties designed to interest students APoverty Law, Ethics and the Law of and habits of responsibility as well as in public interest and pro bono work, Lawyering, and Criminal Litigation, offer legal skills. It’s not just repetitive, routine such as a program that encourages Duke experiential learning but less face-to-face work in these programs. We continue to Law students to take summer jobs with interaction with clients. In Poverty Law, teach thinking skills.” government agencies, nonprofit for example, students meet in class for organizations and similar groups. two hours per week and spend a mini- linical work on behalf of those other- Last summer, 92 Duke Law students mum of 20 hours per semester under Cwise without access to legal services took such opportunities, which included the direction of lawyers working for helps students develop perspective and such projects as the Duke Legal indigent clients. Cases they encounter build habits of helping others that can Assistance Project, public defenders’ often center on topics such as health, last throughout their lives, said Jim offices around the country, the housing and education. Hawkins ’82, a former corporate lawyer Conservation Council of North Carolina Other classes, such as Wrongful who now is a managing attorney with the and the Urban Justice Center of New Convictions: Causes and Remedies, Legal Aid Society of Middle Tennessee York. Many of the students were require students to research and write and the Cumberlands. supported in their work by grants made about ongoing cases with the goal of “At my 20-year reunion this past year, available through the Public Interest Law helping defendants with claims of actual over and over as I talked with folks work- Foundation (PILF), Duke Law School, innocence. Students don’t meet with ing with large firms or corporations, they Duke’s Nicholas School of the clients in this class, but they do read wanted to talk about the pro bono work Environment and Earth Sciences, and letters written by inmates, write memos and present relevant information to lawyers at the NC Center on Actual Innocence, a non-profit organization that investigates the cases of these clients. Negotiation and Mediation, Trial Practice, Estate Planning, and other courses offer carefully crafted simulations of cases to help students develop critical advocacy, counseling and drafting skills they’ll rely upon after graduation. These are the skills law firms look for and increasingly demand in their new associates, established lawyers say. “Hands-on, practical experience is extremely helpful for students, and I think it’s critical for a law school to offer clinics and other experiential learning opportunities,” said Deborah Hylton ’83, a partner with Womble Carlyle

16 Duke Law Magazine • Spring 2003 the Burdman and Steckley/Weitzel “If you are an attorney, you hold the keys to so much endowments (from gifts by Dick Burdman ’56, Associate Dean Linda knowledge. You have a real responsibility to help people Steckley, and her husband, Pete Weitzel). – Christine Soares ’03 At a November breakfast honoring who are in need.” those students, Bartlett encouraged them to continue their work and spread the Carolina in which students and faculty any Duke Law students say they feel word of its importance to their peers. reflect on their public service aspirations Mprivileged to be enrolled in the “I hope you all would think of yourselves and options; a book and film club in School, which fuels their desire to work as missionaries about the need to give which students, authors and faculty dis- toward improving the community. back to your communities,” she said. cuss current legal topics; and an annual “If you are an attorney, you hold the Spruill, who was a lawyer for Legal Public Interest Law Foundation auction keys to so much knowledge,” said Services of North Carolina (now Legal each February, which raises funds for Christine Soares ’03, who took the AIDS Aid of North Carolina) before coming to summer jobs. Duke Law students also clinic in the fall semester and is a former Duke Law in 1991, says every lawyer take leading roles in efforts such as: PILF co-chair. She currently is the should at least taste public interest law • The Innocence Project, a collabora- student leader of a public interest speaker before going into private practice. She tion with UNC-Chapel Hill and the series, Faculty Lives in Public Service. hopes the experience – and accompany- NC Center on Actual Innocence, an “You have a real responsibility to help ing satisfaction – will whet their appetites organization that works to vindicate people who are in need. I see public for more. wrongly convicted prisoners. The stu- interest work as a big moral and social In 15 years serving the public in vari- dent-driven program accepts requests responsibility.” ous capacities, Spruill saw a tremendous for help from convicted felons in North Soares also sees the clinical work she’s need for low-cost legal services – a need Carolina who claim they are innocent doing, which this semester includes the that is met only partially by existing serv- (and have at least three years remaining Community Economic Development ices. Lawyers always will be able to find of their prison terms). This program is Law Clinic, as building valuable experi- opportunities to fill the gap if they so part of a growing nationwide effort. At ence that will help her hit the ground choose, and today Duke Law is encour- Duke Law, the students are aided by running after graduation. “For me, it’s a aging students to become lawyers who Pete Weitzel, director of the NC Center great hands-on way to learn,” she said. help those less fortunate than themselves on Actual Innocence and former “Duke is arranging fantastic clinical and champion important causes, she said. managing editor of The Miami Herald; opportunities, and the number of offer- “It’s such a core belief to me that Associate Dean Newman; and James ings keeps growing. That’s terrific for the lawyers should address problems that are Coleman, senior associate dean for students.” neglected,” she said. “Why not devote academic affairs and professor of the your energies to human needs that are practice of law. ean Bartlett notes that with the three so stark?” • The Domestic Violence Advocacy Dnew clinics, Duke Law has taken In addition to helping arrange the Project, in which students help provide significant steps to meet student demand summer work opportunities, the Law battered women with guidance, for this type of learning. And as needs School operates the Pro Bono Project, information and support. Advocates arise and change, the Law School will which typically places about 200 students with the project act as liaisons between respond. That could mean additional each year with various governmental, battered women and the District clinics or growth in existing clinical non-profit and other organizations for Attorney’s Office, helping the legal programs. The Community Economic one to 10 hours per week. Students can system to prosecute cases of domestic Development Law Clinic, for example, choose from more than 100 placements violence more effectively. already has long waiting lists. in 30 subject areas, including environ- • Volunteer tax preparation assistance “We have a commitment now, and mental protection, criminal prosecution for low-income people, including we’re always going to be reassessing the and domestic violence law. elderly, handicapped, and non-English- needs of our students and the needs of speaking taxpayers. Two or more sites the profession,” Bartlett said. “For exam- s part of an effort to help further in Durham are staffed by the Law ple, we could add a clinic on immigra- A develop their leadership skills, stu- School for eight weeks prior to the tion at some point as that becomes a dents have been given much of the tax-filing deadline each year. larger issue in North Carolina and responsibility for organizing events and beyond. We’ll continue to provide our activities related to the public interest. students with appropriate, effective These include a speaker series with talks opportunities to learn and develop full by lawyers who work in the public inter- professional lives.d est; a weekend retreat in western North

Spring 2003 • Duke Law Magazine 17 Hands-On Learning

Special Court and since has been named senior legal counsel for the office of the prosecutor. Her students serve, in effect, as junior associates for the prosecutor, performing research and providing legal analysis. The prosecutor, David Crane, met with her class to discuss its work on Feb. 12. Here Morris and selected clinic students Jennifer Ahearn, Mayur Patel and Seagrumn Special Court for Smith answer questions M Sierra Leone Clinic about what they accom- Established 2002 plished in the first semester and how this experience will help make them better lawyers:

Professor Morris, what progress have you and the students in the Clinic made to this point? Morris: We’ve done an enormous amount of substantive work on fundamental questions for the court. These include the basic jurisdic- tional foundation of the court; the effect of amnesties issued at the national level; the relevance of the characterization of the armed conflict in Sierra Leone as an internal or an international conflict; and other procedural issues including a comprehensive analysis of the appropriate rules of evidence and procedure to be adopted by the court. On a number of contentious and delicate issues, the office of the prosecutor has adopted the analysis and recommendations that the Clinic has provided.

What types of work are the students doing? Morris: Among other work, the students have

PROFESSOR MADELINE MORRIS VISITS CHILDREN AT A CAMP FOR AMPUTEES IN SIERRA LEONE. REBEL been researching, analyzing and writing docu- FIGHTERS IN THE COUNTRY’S RECENT CIVIL WAR MADE A PRACTICE OF AMPUTATING LIMBS FROM CHILDREN ments for the prosecutor. They have produced 16 completed memos as well as a number of Professor Madeline Morris, Students memoranda currently in draft form. Students, what has been the nature of most Aid New Court in Sierra Leone of your work with this Clinic? Mayur Patel JD/LLM ’04: The work has uke Law Professor Madeline Morris began work in the fall semester with eight been exceptionally rewarding. I was really quite students on a year-long clinic linked to an innovative vehicle for post-war surprised by the level of sophistication. Much justice: the Special Court for Sierra Leone. The recently created court in of my work is focused on answering serious DFreetown, capital of the small nation on Africa’s west coast, is a combination questions of international human rights law national and international body for prosecuting war criminals in that country. that a prosecutor will likely face. This includes The court’s work grows from a civil war that in the 1990s took tens of thousands everything from preparing memoranda on of lives and forced as many as a million people from their homes. Prosecutions are what may be the best procedural tactics for a being conducted for crimes under international humanitarian law as well as the law particular litigation to answering broader sub- of Sierra Leone, which has a population of about five million. stantive questions on the nature of defenses a Morris, who also is faculty director of the Law School’s Duke-Geneva Institute in defendant may seek to employ. Transnational Law, started the academic year as advisor to the prosecutor of the

18 Duke Law Magazine • Spring 2003 Professor Morris, what are some “While there are opportunities out there to do legal of the practical lessons the students have been learning from this research or firm work in areas such as corporate, experience? Morris: These students will learn a great criminal law, and so on, there are not a lot of deal of substantive international law and a great deal about international criminal opportunities for one to get a pre-career taste of litigation. They will also have a degree of insider insight into the internal workings and training in public international law.” of a prosecutorial enterprise of this sort. – Seagrumn Smith JD/LLM ’04 Students, how do you feel you’ve been of service to this country as it tries to ad-hoc tribunals for Yugoslavia and move forward and seek justice? Rwanda, this court does not wield Jennifer Ahearn JD ’04: I feel that we’ve Chapter 7 powers under the United been able to help relieve some of the bur- Nations Charter, which means that the den on the already stretched resources of Special Court cannot demand the coop- Sierra Leone’s justice system and in this eration of third-party states in securing way helped ensure that the citizens of the custody of defendants, providing Sierra Leone get the highest quality jus- access to witnesses, providing access to tice possible. evidence abroad and the like. At the same time, the Special Court is not a Students, what are some of the key les- state and so cannot exercise state’s powers sons you’ve learned working with the and prerogatives in international rela- prosecutor through this Clinic? tions. In this and certain other ways,

Patel: One of the key lessons I have then, the court’s structure, while promis- PROFESSOR MORRIS AT THE GATES OF THE SPECIAL COURT’S learned through the Clinic is that the ing, is also inherently problematic. COMPOUND IN FREETOWN, SIERRA LEONE success of any law, international or domestic, requires not only a strong Students, how are you better prepared intellect, but a strong sense of dedication. for a career in the law based on this The validity of any legal advice we offer experience? depends not only upon our ability to for- Seagrumn Smith JD/LLM ’04: While mulate a great argument, but to follow there are opportunities out there to do through and make sure we find its weak- legal research or firm work in areas such as nesses before opposing counsel does. I corporate, criminal law, and so on, there have to say that since I’ve started working are not a lot of opportunities for one to for the Clinic, I’ve kept a quote by Judge get a pre-career taste of and training in Irving Kaufman constantly in mind: public international law. The Clinic has “The trial lawyer does what Socrates was given us that opportunity right here at executed for: making the worse argument Duke Law. We are lucky to be able to appear the stronger.” observe and participate in the practice and impact of public international law.d Professor Morris, what is the status of the prosecutions at this point, and do you believe this court will be able to do its job as envisioned from the start? Morris: The process of investigation is well underway. The first indictments are expected to be issued early this year. As for the second part of the question, that’s impossible to answer now. We have this court and a structure that should be CLINIC STUDENTS (left to right) workable, but it also has significant Seagrumn Smith, Mayur Patel and Jennifer Ahearn weaknesses. The court’s effectiveness might be hampered in that, unlike the

Spring 2003 • Duke Law Magazine 19 Hands-On Learning

CINDY ADCOCK ’91, A SENIOR LECTURING FELLOW AND SUPERVISING INSTRUCTOR OF THE CLINIC, SPEAKS WITH MEDIA OUTSIDE THE STATE CAPITOL AFTER PARTICIPATING IN A MEETING WITH GOVERNOR MIKE EASLEY TO DISCUSS CLEMENCY FOR DEATH ROW INMATE ERNEST BASDEN. SHE IS SURROUNDED BY BASDEN’S FAMILY MEMBERS AND LAWYERS

tice. The Clinic also provides students Death Penalty Clinic Deepens with the unique involvement and skills training associated with this level of client Understanding of Complexity representation – regardless of their stance on the death penalty. of Capital Punishment “The Clinic isn’t anti- death penalty,” said Jim ince 1995, students involved with Duke Law’s Death Penalty Death Penalty Clinic Coleman, senior associate Clinic have worked to keep death row inmates from execu- M dean for academic affairs Established 1995 tion, knowing that their clients very well could be put to and one of three instructors Sdeath in the not-too-distant future. of the Clinic. “We have But never before the 2002 fall semester did students participate almost as many students in in a case in which the death penalty was so close at hand. The 50-year-old client they were favor of it as opposed to it in the Clinic. helping to defend, Ernest Basden, was scheduled to be executed Dec. 6 for his role in the We don’t try to turn them against the 1992 murder of insurance agent Billy White. If lawyers, assisted by the students and facul- death penalty. We try to help students ty of the Clinic, could convince North Carolina Governor Mike Easley of unfairness wor- understand the complexity of capital thy of mercy in Basden’s sentence, the Kinston man would live. If not, he would die. punishment and give them a practical Few cases the Clinic tackles have been so urgent, but every case teaches students about insight into how the system works.” the complexities of capital punishment and their responsibility to pursue fairness and jus- For many inmates, that system

20 Duke Law Magazine • Spring 2003 involves step after step of trial and appeal “We have almost as many students in favor of it at the state and federal levels that, if all other avenues have been tried, culminate as opposed to it in the Clinic. We don’t try to turn in a plea to the governor for clemency. Having exhausted the appellate process, them against the death penalty. We try to help Basden’s defenders pushed hard for clemency, arguing that his sentence was students understand the complexity of capital unfair because it was far more severe than those meted out to White’s wife and punishment and give them a practical insight into another defendant, who were made eligible for parole despite masterminding how the system works.” the murder. Aided by Cindy Adcock ’91, a senior lecturing fellow and supervising – Jim Coleman, senior associate dean and clinic instructor instructor of the Clinic, and by two Duke Law students, the defense also admitted to shooting White, should die, struck with when they get the cases contended that the co-defendants – one but because they thought it would lead they’ll work on are the terrible crimes the with money and one with political to a longer jail term for him. “We just person they are to represent has been connections – were treated more leniently hope the outcome of all this will be convicted of committing,” Adcock said. by the local prosecutors. They further justice,” Ed Mallett LLM ’03, a student “They never forget the seriousness noted that Basden’s lead attorney, who was from England working on the case, said of the crime.” dying of bone marrow cancer, stepped two days before Easley made his decision Third-year student Matt Jones said down just six weeks before the trial. regarding clemency in December. “I Basden’s case has emphasized to him the “Despite being the least culpable of know that this is an experience we’ll be need for extreme diligence in every step the three, only Ernest faced execution,” able to single out as something extraordi- of a capital case. “To me, this experience said Adcock, who worked on the case for nary we’ve done in our lives.” humanizes the law,” he said. “I know eight years and made Basden the subject Coleman said he hopes each student that, in my career, when I make of two clinic efforts – this one last fall who participates in the Clinic comes decisions, I won’t be making them and another in the late 1990s. “And away with a greater sense of the care that in the abstract.” unlike his co-defendants, Ernest was must be taken with every capital case. “I Many of the students who have been rushed to trial and was burdened by think when you acknowledge that this is through the Clinic say it has left them counsel problems.” a human being, you are more careful and with similar feelings. Heather Wells ’98 To date, 145 students have worked on less likely to make mistakes.” He and said she entered the Clinic with a general the appeals of 73 North Carolina death Adcock are joined in running the Clinic interest in criminal defense and left with row inmates, reading through case files, by its founder, Robert Mosteller, Duke a deep desire to work with death row reviewing transcripts, conducting inter- Law School’s Harry R. Chadwick, inmates. After graduation, Wells joined views with jurors, witnesses and inmates, Sr. Professor of Law. the non-profit Center for Death Penalty and helping with general legal research. Few lawyers in the country know as Litigation in Durham – with which the The students spend two to three hours in much about the death penalty as Clinic frequently works – and since has a seminar each week and work for at least Coleman, who chairs the steering com- moved to the Wilmington firm of 80 hours during the semester in teams of mittee for the American Bar Association Edwin L. West III, still specializing two with defense attorneys on cases. The death penalty moratorium implementa- in the defense of those who face the Clinic is offered each fall for up to 16 tion project. That project is part of the death penalty. second- and third-year students. Ten of ABA’s effort to convince states to stop Through the Clinic, Wells worked the inmates whose appeals have involved carrying out executions until they exam- on behalf of Marcus Robinson, who the Clinic have left death row: three ine and correct flaws in their systems of had been convicted of a robbery and through litigation, one by clemency, one capital punishment. Death penalty critics shooting. Wells found herself fascinated by suicide, one by death through natural say those systems across the nation are with the case and curious about causes, and four by execution. Alan Gell, plagued by racism, inadequate public Robinson’s earlier life. She learned that one of the three removed by litigation, defenders, a lack of proper review of he was abused as a child, having been recently was granted a new trial based on cases and other problems. taken to the hospital at the age of 2 evidence of actual innocence. Regardless of their own views on the following a beating at home. He also Students who interviewed jurors in the death penalty, the Clinic’s teachers and was burned with cigarettes and Basden case learned that many who student rarely forget the violent acts that emotionally abused, she said. voted to impose the death sentence did have led truly guilty defendants to death Wells has continued her involvement so not because they thought Basden, who row. “The first thing the students are with the case, now in the federal appeals

Spring 2003 • Duke Law Magazine 21 Hands-On Learning

“You can look at this in one of two ways: You can grow cynical, or you can become more resolved that changes need to be made in the system.” – Matt Jones ’03

MATT JONES JD ’03, LEFT, AND ED MALLETT LLM ’03 DISCUSS ERNEST BASDEN’S CASE AS LAWYERS ELSEWHERE AT THE CAPITOL TRY TO CONVINCE THE GOVERNOR TO COMMUTE BASDEN’S DEATH SENTENCE process, helping when she can. “I try to done a tremendous job for us, and we’re cases that I was sure that I would win, but find out as much as I can about each case honored to have worked with them,” said this is a hard lesson to take at the and client, and, in my role as advocate, I Guy Basden, Ernest Basden’s brother. moment,” he said. “I would not sacrifice try to convey that information to others “We’ll always know that we found friends these last few months for anything. They so they can see my clients as the human in the name of justice.” have taught me an enormous amount beings they are,” she said. “I don’t want Yet the defense did not prevail. In a about myself and the practice of law and them to be viewed simply as the worst staggering surprise to Adcock, Jones, have been an incredible insight into the thing they ever did.” Mallett and others involved in Basden’s American system of justice.”d Ken Rose, executive director of the defense, Governor Easley declined to Center for Death Penalty Litigation in grant clemency. Basden was put to death Durham, said the Clinic provides an by lethal injection on Dec. 6. Shortly essential service to a group of people after the execution, Jones said he wasn’t who, as a rule, have little money to pay sure he could face the emotional turmoil for an adequate defense. “Capital cases in of another capital case. “I told people North Carolina are under-resourced and that I can’t ever do this again,” he often under-investigated, both at trial recalled. “It’s too devastating.” and post conviction,” he said. “The But the Basden family, grateful for all Clinic is invaluable in filling the gaps in the students and faculty had done, what is available to an indigent person on wouldn’t hear of it. “They made Ed and death row.” me promise that we would keep up the Rose said he’s seen many students fight in our careers,” Jones said. “You can grow and learn as they take on the look at this in one of two ways: You can complexities of death row cases. “This grow cynical, or you can become more gives them a chance to integrate a wide resolved that changes need to be made in range of skills that will be necessary for the system. It’s tough now to ever think them if they decide to pursue litigation as of doing something like this again, but I a career,” he said. “It gives them an know it’s necessary.” understanding of how the system works Mallett, whose home country has no in fact as well as in theory.” death penalty, said he learned and grew Defendants who have been aided by through his involvement with the Clinic. the Clinic, and their families, say they’re “With time, I am sure that I will come to grateful for the legal voice it helps pro- understand that this experience has shown vide to those who otherwise might quiet- me that if I am to become a successful ly die for lack of representation. “They’ve lawyer I will have to accept that I will lose

22 Duke Law Magazine • Spring 2003 Carlyle’s Community Development New Business Law Clinic Gives Hope Law team. Foster, a member of the American to Southeast’s Poorest Communities Bar Association’s Business Law Section and Forum on Affordable Housing and and Provides Transactional Community Development Law, said the Law School Clinic benefits both Experience for Students students and clients. “It’s unlike any of the other clinics at the Law School in that it focuses on business law,” Foster he leaders of Durham Community Land Trustees clearly were in over their heads. said. “The CED Clinic gives the The non-profit organization, which works to provide low-cost housing in Durham’s students an opportunity to develop West End community, had entered into two complicated partnerships with a group legal skills related to the practice of T of investors to develop about 30 apartments in two separate projects. transactional law and provides them Officials with the organization needed substantial legal help to understand the with a bridge to put into practice the complicated system of tax credits that made the arrangement viable, as well as their rights things they learn in their classes. We and responsibilities as a general partner in the projects, and their ability to ensure low rents expect this experience will help prepare over time for the 80-90 people living in those buildings. They also needed to get that expert students who take the Clinic to meet help on a shoestring budget. the challenges every lawyer faces in Selina Mack, executive director of Community Land Trustees, turned to Duke Law’s the earlier years of his or her career – Community Economic Development Clinic for help – at no cost – and immediately was whether they go to work at Legal glad she did so. “The Clinic has allowed us to understand in laymen’s terms a lot of the legal Services and focus on community aspects of what we do,” Mack said. “They were able to extract from our 50-60 page partner- development law or go to a firm and ship agreements the plain English of what our responsibilities are and what could happen in join a corporate and securities practice.” the future. They helped us look at all of our alternatives.” The students’ work in the Clinic The Clinic, started this academic year under the leadership of Director Andrew Foster, a includes interviewing and counseling lecturing fellow at Duke Law, focuses on taxes, corporate and real estate law, and the struc- clients, strategic planning, negotiating turing and implementation of complex transactions. and drafting agreements, and statutory Before joining the Law School faculty, Foster practiced full-time with Womble Carlyle and regulatory analysis. Clients gener- Sandridge & Rice in its Research Triangle Park office, and he still works with the firm on a ally include non-profits that work to limited basis. His private practice centers on corporate, non-profit, affordable housing and provide low-cost housing, stimulate community development law, and he generally represents develop- economic development ers, local governments and local, statewide, regional and national and otherwise work non-profit groups. He also is a founding member of Womble Community Economic to aid low-wealth M Development Clinic communities. Third-year student Established 2002 Alexander Davie said the Clinic has given him a glimpse into the world of working lawyers. It also has allowed him to take responsibility for projects and work one-on-one with clients. “I’ve been writing up bylaws for organizations and various contracts,” he said. “I’ve also had a chance to talk to boards of directors of community economic development corporations and been the expert briefing them.” Davie and Foster note that structur- ing, negotiating and documenting community development transactions is challenging legal work, and that students in the Clinic have ample oppor-

CLINIC DIRECTOR ANDREW FOSTER, LEFT, SELINA MACK, EXECUTIVE DIRECTOR OF THE DURHAM LAND TRUSTEES, AND tunities to develop a range of legal ALEXANDER DAVIE ’03 STAND IN FRONT OF MOREHEAD GLEN APARTMENTS, A PROJECT THE CLINIC WORKED ON THIS YEAR skills through this work. Third-year

Spring 2003 • Duke Law Magazine 23 Hands-On Learning

“The CED Clinic gives the students an opportunity to develop legal skills related to the practice of transactional law and provides them with a bridge to put into practice the things they learn in their classes.” – Andrew Foster, clinic director

FROM LEFT, DIRECTOR ANDREW FOSTER AND HIS FIRST CLASS OF STUDENTS FOR THE CLINIC, DIVESH GUPTA ’03, KIM EDWARDS ’03, ALEXANDER DAVIE ’03 AND LAURA PETELLE ’03 student Laura Petelle also praised the aspect of the Clinic is driven by the renters, could build wealth through the Clinic for the good it does in the com- growing economic gulf between those project.” That could include converting munity. “I’ll probably go into some kind with and without wealth. The Clinic seeks apartments into condominiums at some of public interest work,” she said. “To to reverse this trend, project by project, by point or allowing prospective tenants to assist people who don’t have access to promoting the development of assets and invest in the overall project. legal help – it’s a way to have a bigger building wealth and self-sufficiency in Foster also hopes to someday expand impact on people’s lives.” low-income communities. He also notes the Clinic, which began with four stu- Deborah Hylton ’83, a partner with that the Clinic is training students in an dents in the fall semester and enrolled Womble Carlyle Sandridge & Rice, notes area of law that is underserved. nine for the spring. He’d like to add that clinics such as Foster’s, of which she “Even community development more faculty and staff to the effort and a is an advisory board member, provide organizations that have financial research component to the work. But critical skills to aspiring lawyers. “We resources have a hard time getting the even the initial impact has attracted the typically say the purpose of law school is help they need,” he said. “The types of attention of some big players in state to give students the legal and analytical transactions our clients are involved in efforts to promote community and eco- framework that will help them take their are complex, and there aren’t a lot of nomic development in low-wealth areas. practice to the highest level,” she said. lawyers with this kind of expertise.” “This Clinic fills a critical need for “But it’s hard to find room in the cur- To pursue its goals, the Clinic assists non-profits and community development riculum for a lot of hands-on work. As a organizations both locally and in other corporations as their work becomes more result, when you hit the practice of law, parts of the state. In one instance, the complex,” said Nancy Williams, vice you really still have a lot of learning to Clinic is working with Passage Home president of residential real estate develop- do about what transactions require.” Community Development Corporation ment for the North Carolina Community The Community Economic to redevelop a 21-building, 92-unit Development Initiative. The Initiative is Development Clinic helps fill that need, affordable housing project in southeast a nationally known non-profit, public- she said. “The clinical experience gives Raleigh. Once completed, the project private partnership that supports 22 the students the opportunity to partici- will become the cornerstone of an effort community development organizations pate in more of the mechanical aspects of to redevelop the entire neighborhood. across the state. “Not only is this of value transactions than they do in summer “We’re working with them to help plan to the non-profits, but that value is seen clerkships. They gain more of that hands- a tax-efficient structure that limits Passage several times over in the communities.”d on, practical experience.” On their end, Home’s liability and furthers its broader the non-profit organizations the clinic community development objectives,” aids, which often operate on tight budg- Foster said. “We’re also looking at how to ets, gain access to invaluable legal help at attract the widest array of financing and no cost. how the project can be structured so the Foster said the need for the service residents, even though they’ll start as

24 Duke Law Magazine • Spring 2003 presented. If the case is accepted after the initial interview, the student conducts Clinic Supports Children’s Rights an investigation and attempts to find a solution to the issues. In some cases, the student attends a school meeting with to Appropriate Education the child’s parents to advocate for a particular result; in other cases, the student arely do the students and teachers extra help in math but really needed aid represents the child before the school of Duke Law’s Children’s in all academic areas – aid to which he district superintendent or school board. Education Law Clinic handle a was entitled under the Individuals with A few cases involve litigation at the R simple case. Anytime parents and Disabilities Education Act. DeLeon North Carolina Office of Administrative educators reach a standoff over school worked with the boy’s mother to under- Hearings or in superior court. responsibilities affecting children, compli- stand his needs and then wrote letters, During the fall 2002 semester, the cation and emotion are almost certainly made phone calls, studied evaluations students also were able to participate in involved. That’s part of what makes the and took on other responsibilities to an education case pending in the North Clinic, begun in early 2002, so important advocate for the family. As a result, the Carolina Supreme Court, In Re Roberts. to the low-income children and families boy now is getting the services he needs. The case involves the right of a public it serves and so useful to the law students And along the way, DeLeon learned school student to be represented by it educates. The program offers represen- about working with clients, managing counsel in a school-level hearing when tation to school children, usually in cases cases and workload, and specific points appealing the imposition of a long-term involving special education and school of education law. “His mother just felt suspension or expulsion from school. discipline. Duke Law students work overwhelmed by it all,” said DeLeon, The Children’s Education Law Clinic under the supervision of Jane Wettach, who wants to become a litigator. “That’s submitted an amicus brief in the case, clinical professor of law and Clinic why I want to be a lawyer: to help people representing 11 other organizations. director, and with problems that Nearly all the students participated in Brenda to them are over- the research and preparation of the Berlin, Children’s Education Law Clinic whelming. This brief. Oral argument was scheduled for senior M Clinic has been February. Established 2002 lecturing wonderful.” Throughout the semester, students fellow and As a result of a manage their own client files. Although supervising attorney. targeted community outreach and educa- they are supervised closely, they are given Among the cases students handled in tion effort, more than 100 clients have increasing independence as the semester the last year: one blind student had not contacted the Clinic, which was started proceeds. Sometimes students face the been receiving the educational services to with a planning grant from the Mary challenge of telling a client that she does- which she was entitled and was being bul- Duke Biddle Foundation and a grant n’t have a strong enough case – another lied by others in the school; another child from The Duke Endowment. Through important learning experience. “It was so was sent home from school indefinitely December 2002, the Clinic had opened because of behavioral problems caused by files and done legal work in nearly 70 of a disability that could have been addressed those cases. The clients come from any of in a classroom setting; yet another student 12 school districts in and around might have been inappropriately placed in Durham County. They range in age from a classroom for developmentally delayed 4 to 18; some have severe disabilities. students for six years. In those and other Clients often are referred by a variety of cases the students were working in high- agencies and organizations throughout stakes situations that practicing attorneys the area. constantly confront. Before beginning work on client mat- “Students are very energized when a ters, students are trained in the classroom client’s case is on the line,” Wettach said. for several weeks. Then they are assigned “It has such a different feel for them their first cases, with their training contin- than does a classroom discussion, or uing in the classroom and in one-on-one even participation in a simulation class sessions with the faculty supervisors. For a like trial advocacy.” law student, a typical semester involves Second-year student Marta DeLeon work on anywhere from three to six cases.

spent much of the fall semester working In all the cases, the student conducts an THIRD-YEAR LAW STUDENT DARREN MALHAME WORKS on the case of a child who was receiving interview and analyzes the legal matter WITH A CHILD HELPED BY THE CLINIC

Spring 2003 • Duke Law Magazine 25 Hands-On Learning

hard to tell the mother of the boy I was Clinic insists that schools provide ade- disabled son was given a 365-day suspen- working with that she didn’t have a good quate resources in these cases.” sion after another student pressured him case,” said Sibyl Kane ’03. In that case, a Clinic students cite working directly into making a bomb threat at his school. mother had hoped that the school could with clients and becoming a part of their That meant the boy would miss so much provide her son needed occupational lives and communities as rewarding class that he essentially would have to therapy, but the facts showed that his dis- aspects of the work. “Usually, I don’t go take the ninth grade three times. Evans ability was not affecting his schoolwork. anywhere but my apartment, the Law also said the school system did almost Thus, under federal law, the school was School, the grocery store and the movie nothing to keep his son from falling irre- not obligated to provide the service. theater,” confessed Jennifer Simon ’03. trievably behind during the suspension, Beth Piotrowicz, a mental retardation “But working in the Clinic took me out despite an agreement that his son would and developmental disability case manag- into the community. I saw where people receive some help at home. With aid er who works for a state program in lived and worked and went to school. I from the Clinic, Evans’ son was allowed Orange, Person and Chatham counties, just loved feeling I was a part of that.” to return to school in October of 2002, said the Clinic fills an important niche. Parents helped by the Clinic often say four months earlier than he would have “The school systems haven’t always met they had nowhere else to turn. Glenn returned otherwise. “We like the way the the needs of disabled children, and the Evans was devastated when his learning- Clinic people talked to us about the case,

Clinic Students Use Legal Skills to Help HIV-Infected Clients

arolyn McAllaster turned a personal loss into the community’s gain when she start- “As a result of the high ed Duke Law’s Legal Assistance Project in 1996. McAllaster, clinical professor of law, had watched her brother, Joseph McAllaster, slowly succumb to AIDS through standards set in the C the late 1980s and early ’90s. After his death, she decided to channel her legal expertise into helping HIV-infected people fight for health care, employment, privacy, AIDS Clinic, I have control of their families’ future and other rights. “I just realized one day that this is what I had to do,” said McAllaster, who had actively sought strong done years of pro bono legal work for people with AIDS before formally launching the Clinic at Duke Law. “I feel like my brother was sitting on my right shoulder when supervisors, searched I made the decision to do this full-time. I felt a huge amount of compassion for people with this illness.” out colleagues with Through the Clinic, 10 students each semester work with HIV-infected people and their families for free. In addition to a classroom component, the students perform 100 whom I could ponder hours of work with clients during the semester. Among their most frequent tasks: • Working with clients to navigate the complexities of obtaining private and public cases, and have focused benefits such as Social Security disability, Supplemental Security Income, Medicaid, food stamps, health insurance, disability insurance and accelerated death benefits. on maintaining the The Project’s representation has saved several clients from homelessness and assisted others in obtaining life-saving medications and medical treatment. level of organization • Helping HIV-infected parents make permanent plans for the future care of their children. This representation can involve petitioning the court for standby guardianship that was expected of under a law recently enacted in North Carolina, ending an absent parent’s rights to custody or pursuing adoption for a named guardian after a parent dies. me as a student.” • Assisting clients with end-of-life planning, by writing wills, health care powers of attorney, living wills and financial powers of attorney. — Emily Friedman ’98 • Fighting for clients against discrimination and breaches of their confidentiality in employment, housing and other settings.

26 Duke Law Magazine • Spring 2003 and as soon as they started working on it things started clicking,” Evans said. “They “His mother just felt overwhelmed by it all. knew the law and they had everything in order. I wouldn’t have been able to get my That’s why I want to be a lawyer: son back in school without them.” That’s just the kind of situation – and to help people with problems that to them conclusion – Wettach and Berlin hope their students will experience in the are overwhelming. This Clinic has Clinic. “The students know their work will have a real effect on the outcome, been wonderful.” – Marta DeLeon ’04 such as whether a child stays in school or spends the rest of the school year at home,” Wettach said.d

Since its inception, the Clinic has represented 710 clients and provided telephone counseling and advice or referrals to more than 300 others. Its clients are among the neediest in North Carolina, McAllaster said, as all of them have little money and many are very ill. The clients have come from 54 North Carolina counties, including some of the most rural counties in the state. As HIV disease now affects larger numbers of poor people, access to affordable legal services has become increasingly Legal Assistance Project important, she said. M Established 1996 And because those with access to more effective medications now are living longer, the legal issues facing people with HIV and AIDS have become more complex. Others who fight the disease offer high praise for the Clinic. “As the epidemic evolves in North Carolina, we are seeing increasing proportions of severely impov- erished persons, particularly women. These individuals frequently do not have access to legal consultation,” said John Bartlett, clinical research director of the Duke University Center for AIDS Research. “The consultation and services provided by Duke Law students has been critical in serving the needs of those CAROLYN MCALLASTER, FOUNDER AND DIRECTOR OF THE LEGAL ASSISTANCE PROJECT patients.”

Spring 2003 • Duke Law Magazine 27 Hands-On Learning

Legal services most often needed by HIV/AIDS patients • Power of attorney for health KATE WHITE ’01, A FORMER CLINIC STUDENT, STANDS IN FRONT OF THE SCOTLAND COUNTY COURTHOUSE, WHERE SHE HAS JUST COMPLETED A GUARDIANSHIP HEARING FOR AN HIV-INFECTED MOTHER care and finances

Students benefit as well through their Lauralyn Beattie ’98 said the • Protection from discrimination interaction with clients and courts, put- skills she learned in the AIDS ting into practice the lessons learned in Clinic, among others she partici- • Housing assistance the classroom. Third-year student pated in at Duke Law, immediately Christine Soares spent much of the fall helped her when she became a • Protection of confidentiality semester helping a mother who was lawyer with the firm of Wilmer, at work and elsewhere dying from AIDS complications work Cutler & Pickering after gradua- out a guardianship arrangement for her tion. She now is an attorney for • Medicaid and other health two sons. The mother wanted to be sure Georgetown University. “I was insurance assistance the boys would stay with her long-time astounded to find how many of boyfriend, who had been their father fig- these skills were directly transfer- • Disability payment arrange- ure for years, rather than other relatives. able,” Beattie said in a letter ments and social services The father of one of the boys contested supporting the Clinic when she that arrangement. was with the law firm. “Even today • Child custody arrangements That meant Soares, under the guidance I call on the skills I first learned of McAllaster and Allison Rice, a Duke in Duke’s clinics. I was asked by • Wills and other end-of-life Law senior lecturing fellow and the Clinic’s a partner…to draft an expert planning other teacher, would go through a court affidavit, a task I was able to assure hearing in December to pursue the moth- him I had done before – as a er’s wishes after her death. Soares prepared student in the AIDS Clinic.” for the hearing, made an opening state- Emily Friedman, also a ’98 ment, examined and cross-examined wit- graduate, gives the Clinic similar nesses, and made a closing statement. In marks. “As a result of the high And rarely does a learning experience the end, she was successful, and both boys standards set in the AIDS Clinic, for a law student mean so much to a stayed with the man their mother believed I have actively sought strong supervisors, client, McAllaster said. “A lot of these to be the best guardian for them. searched out colleagues with whom I people are facing the toughest decisions of “I know I learned a lot, and the hear- could ponder cases, and have focused their lives, such as what to do with their ing ended up going really well,” said on maintaining the level of organization children if they die or become too sick to Soares, who plans to become a litigator. that was expected of me as a student,” take care of them,” she said. “They can’t “It’s a great place to learn because it’s real she said. “In sum, I obtained my always do it by themselves.”d life.” Soares also worked on cases involv- grounding in public interest lawyering, ing disability, employment discrimina- and the practice of law generally, while tion and end-of-life planning. at the AIDS Clinic.”

28 Duke Law Magazine • Spring 2003 ere the two have a conversation about the importance of {Conversation public interest and pro bono Hwork for Duke Law students developing their skills, practicing lawyers and for the individuals and Student, Alumna Share Thoughts on Working communities served by that work. in the Public Interest Montgomery-Blinn: When you were looking at law schools, did their pro bono and public interest programs factor into Lauralyn E. Beattie graduated from Kendra A. Montgomery-Blinn is a your decision? Duke Law School in 1998. She clerked third-year student at Duke Law School for Judge Julia Gibbons in the U.S. and will graduate this May. She has com- Beattie: Yes, I expected that my career District Court for the Western District mitted most of her spare hours to public would eventually lead me to the public of Tennessee and then spent three years interest work through the Law School. sector and I was looking for a law school as an associate at Wilmer, Cutler & Montgomery-Blinn is planning a career that would be able to guide me in that Pickering in Washington, D.C. This fall, in criminal litigation and has served as direction. When I visited Duke, I spoke Beattie left Wilmer to join the Office of director of the Duke Law Innocence with Associate Dean for Public Interest University Counsel at Georgetown Project, spending three years on an inno- and Pro Bono Carol Spruill and folks in University. While at Duke Law School, cence investigation. She has taken intern- Career Services about public interest she was co-president of the Public ships in both appellate criminal defense opportunities, and I was pleased to learn Interest Law Foundation and an active and trial level prosecution. Last year, that Duke had a growing public interest participant in the Law School’s clinics Montgomery-Blinn spearheaded a program. and pro bono programs. As an associate revision of Duke Law’s Loan Repayment at Wilmer, Cutler & Pickering, Beattie Assistance Program, updating and Montgomery-Blinn: The public interest continued to work on a North Carolina expanding the program for graduates in programs at Duke have increased dramat- death penalty case she was introduced to public interest and government careers. ically in the past few years. When you through Duke’s Death Penalty Clinic She recently organized a controversial art were a student, did you find the support and was part of a team that briefed the show in the student lounge featuring you needed? case for the U.S. Supreme Court. work from prisoners on death row. Beattie: I did. While the public interest programs at Duke have grown exponential- ly since I was there, Duke has always had a significant number of faculty members who were willing to share their experiences and provide guidance. Faculty and administrators also were actively working to expand and improve the public interest programs while I was at Duke. The Death Penalty Clinic was re-introduced when I was a 2L and the AIDS Clinic had been operating for just a few years. Then-Dean Pamela Gann initiated a review of the Law School’s clinical programs, with the hope that we might expand them. As a student, I worked with Dean Spruill on that review. We reviewed the clinical programs of peer institutions and identified some potential clinical opportunities in the Raleigh- Durham area.

Spring 2003 • Duke Law Magazine 29 Conversation

Beattie: Kendra, I understand that you “It is difficult to encourage Montgomery-Blinn: When you were were not planning a career in public interviewing with law firms, did your interest, but once you got to Duke students to choose public public interest involvement play a role in Law you quickly changed your mind. interest careers when both your decision-making and the firm’s Now, you are focusing on a government interest in you? job in criminal law. Why did you there are so many change your focus? Beattie: Because I wanted to ensure that economic disincentives — I could continue with my public interest Montgomery-Blinn: When I got here, work, I sought out law firms that had a I became involved with the Innocence and this problem is significant commitment to pro bono. For Project and realized how much I compounded by the high the most part, I think firms thought that enjoyed criminal law. I used my pro the experience made me more well bono placements at the Center for cost of law school that rounded, and they certainly viewed clinic Death Penalty Litigation in Durham and experience as useful practical training. different district attorney’s offices to often leaves students When I interviewed for clerkships, explore criminal law and discovered it I found that a lot of federal judges had was something that I enjoyed. Without burdened by huge worked in the government/public sector those opportunities, I would have missed student loan debt.” and were interested in law clerks who the hands-on experience that I needed to shared those interests. make this decision. – Lauralyn Beattie ’98 Montgomery-Blinn: You spent three Montgomery-Blinn: Tell me what type years at Wilmer, Cutler & Pickering and of public interest work you did while in they honored you with an award for law school. Montgomery-Blinn: Yes, last year Dean Outstanding Pro Bono Service. What Spruill asked me to look over the Loan type of pro bono work did you do at Beattie: I was enrolled in the Death Forgiveness Program (now called the Wilmer, and how did the firm support Penalty Clinic my second year and Loan Repayment Assistance Program), your efforts? remained involved with the client I was and I pulled together a student panel to assigned through the Clinic, Ernest complete an in-depth review of the pro- Beattie: Wilmer has been widely recog- McCarver. I also worked for the gram, with a comparison to our peer nized for its commitment to pro bono Institute of Government at UNC- schools. We then created a proposal to work, and those kudos are much Chapel Hill and focused on education substantially update the program. We deserved. My most time-consuming issues. I also spent a good deal of time on were met with overwhelming support case was the North Carolina death various student activities. I was from the faculty and administration, penalty case, but I also represented a co-president of the Public Interest Law and last spring they accepted our pro- parent in a child custody case in D.C. Society and on the board of Student posal. Now, funds are being dispersed Superior Court and provided some com- Funded Fellowships (the two organiza- under the updated program, allowing pliance advice to a local non-profit con- tions have now been combined to be the more graduates to choose public interest cerned about the civil rights regulations. Public Interest Law Foundation) for two and government careers. I billed more time to my death penalty years. We worked on fundraising for sum- case than to any paying client in 2001, mer grants, ran the book series and Montgomery-Blinn: How did your and Wilmer was always supportive. The brought in speakers from the public sec- public interest work in Law School firm provided significant resources to tor. We also were involved in some prepare you for your clerkship and law support these cases. efforts to evaluate and improve Duke’s firm job? public interest programs. One thing we Montgomery-Blinn: It is amazing that looked at was the Loan Forgiveness Beattie: The Clinic work exposed me to you began work on that death penalty Program – we were eager to update the court procedure and motion practice case in Duke Law’s Death Penalty Clinic, program and increase the amount of before I left law school. I think I was less continued it through your career at money available to students working in overwhelmed in my first few months as a Wilmer, Cutler & Pickering and even public interest and government jobs. I law clerk because I had seen court filings now at Georgetown. What has happened understand that you played a role in up- and been a part of court procedures with that case? dating Duke’s Loan Forgiveness Program? before. I also think participation in the Clinic programs helped me develop Beattie: My client, Ernest McCarver, is a confidence in my own legal abilities and mentally retarded man on North decision-making skills. Carolina’s death row. He was scheduled

30 Duke Law Magazine • Spring 2003 for execution in March of 2001, and in years. I spent my first summer at the Beattie: If you want to be sure that you the days prior to his execution date, we Center for Death Penalty Litigation, and can do pro bono work, my advice is that filed a clemency petition with Governor I still work on one of my cases and visit you make it a consistent priority. When Mike Easley and a cert petition with the our client on death row every month. In you are choosing a firm, evaluate the firm’s U.S. Supreme Court. We argued that fact, I just co-organized an art show at commitment to pro bono. Once at the because Ernie was mentally retarded, exe- the Law School featuring artwork that firm, you have to take responsibility for cuting him would amount to cruel and death row inmates had given to their you own career (admittedly, this is much unusual punishment in violation of the lawyers. Last summer, I interned with easier said than done). If pro bono work Eighth Amendment of the U.S. the Orange County District Attorney’s is important to you, make sure you seek it Constitution. Governor Easley denied Office, where I spent my time in the out and make time to do it.d clemency, but minutes later the Supreme courtroom trying and pleading cases. Court stayed Ernie’s execution, and ulti- Now I am wrapping up an externship at mately, granted our cert petition. We the Durham County DA’s Office. briefed the case, but before oral argument was scheduled, the North Carolina Montgomery-Blinn: Has public interest HELPING STUDENTS legislature passed a statute outlawing exe- work made you a better lawyer? cution of the mentally retarded. This was IN PUBLIC INTEREST an excellent development for Ernie’s case, Beattie: Definitely. I think it makes you POSITIONS REPAY but did render the Supreme Court case a more well-rounded lawyer, and moot. Fortunately, the Court agreed to it offers those of us who do primarily LAW SCHOOL LOANS hear the same issue in a Virginia case corporate law some much-needed per- (Atkins v. Virginia), and last spring held spective. It also gives you an opportunity that executing persons with mental retar- to practice outside your area of specialty – ast year Duke Law expanded eligibility dation violates the Eighth Amendment. and I think this is a good idea for all Lfor its Loan Repayment Assistance I worked closely with the people at lawyers, and particularly for those of us Program, which pays some of the Law Durham’s Center for Death Penalty early in our careers. School debt of students who take jobs Litigation on this case, especially with non-profit organizations and in the Jonathan Broun. Didn’t you work there Montgomery-Blinn: What changes does government sector. Among other your first summer and also find success? the legal community need to make in changes, the School raised the salary order to encourage more recent gradu- amounts for eligibility. The lowest salary Montgomery-Blinn: When I was an ates to either choose public interest allowable for a full subsidy was intern at the Center for Death Penalty careers or take on pro bono work? increased from $25,000 to $35,000, Litigation, I helped Jonathan Broun and the loans are partially paid on a write a brief to the NC Supreme Court. Beattie: It is difficult to encourage stu- sliding scale until eligibility phases out I researched and wrote one of the issues dents to choose public interest careers at a salary of $60,000, up from the and then helped Jonathan pull it all when there are so many economic disin- previous level of $45,000. The program together into a lengthy brief about all the centives – and this problem is com- is meant to allow students to have a errors at trial. Last year, the court ruled pounded by the high cost of law school wider range of job choices since on our brief and gave our client a new that often leaves students burdened by government and non-profit employment trial saying that his original trial had huge student loan debt. As a profession, pays significantly less than most private been “riddled with errors.” we need to continue to think about firms. The Law School caps the total creative ways to rectify that problem. In amount that it is committed to pay each Beattie: What other types of criminal the short-term, private sector fellowships year: for 2002-2003 the cap is law experiences have you had through and expanded loan forgiveness programs $200,000. If demand exceeds this public interest? can make it possible for students to take amount, payments are proportionately lower-paying public interest jobs. reduced for all recipients. As funds are Montgomery-Blinn: In my first semester In the long term, I’d love to see our raised to support the program, more of law school I started working on an profession think about ways to rectify the students will be able to make govern- investigation for the Innocence Project pay disparity. ment and non-profit legal advocacy a with Senior Associate Dean for Academic realistic choice.d Affairs Jim Coleman. We, along with Montgomery-Blinn: What is the one two other students, have continued the piece of advice that you would give to investigation and I think that we might be law students who are trying to find ways close to filing a motion for appropriate to incorporate pro bono work into their relief. We believe the man is innocent, corporate careers? and he has now been in prison for 27

Spring 2003 • Duke Law Magazine 31 KEN STARR, LEFT, AND PROFESSOR WALTER DELLINGER – ADVOCATES IN DEMAND

Photos by Mike Lynaugh

32 Duke Law Magazine • Spring 2003 Duke Law Professor and Alumnus Clash, and Now Join Forces, Before the U.S. Supreme Court Walter Dellinger and Ken Starr ’73, Ideological Opponents, Take Same Side in Nike Case By Otis Bilodeau

hen the United States Supreme To this day, the two frequent opponents continue a good-natured Court agreed this January to hear debate about what exactly Starr learned in Dellinger’s civil procedure class. its most important case in years on “I don’t want to be responsible for W Ken Starr, so I always make it clear First Amendment protection of commercial when I speak to audiences that I never taught Ken Starr constitutional law – speech, it came as no surprise that two of I only had him in my civil procedure class,” Dellinger says with a laugh. the Court’s best-known advocates – “Ken always responds that that’s technically true, but he says all I Walter Dellinger and Kenneth Starr – talked about in civil procedure was constitutional law.” were involved. What may surprise some, Since that first meeting, Dellinger, a leading intellectual voice however, is the history that links the two among Democrats, and Starr, his conservative Republican counterpart, renowned, and ideologically disparate, have each ascended to the upper reaches of the legal profession, lawyers. That history began at Duke Law often through public service. As their involvement in the School, where they first encountered one commercial speech case (Nike Inc. v. Kasky) exemplifies, each is a much another in a civil procedure class in 1970. sought-after advocate by clients clamoring for the High Court’s attention. Dellinger was the young professor, Nike retained Dellinger and Harvard Law Professor Laurence Tribe to per- Starr, the earnest student. suade the Supreme Court to take up

SpringSpring 2003 2003 • Duke Duke Law Law Magazine Magazine 33 Dellinger and Starr

the case, which raises a tantalizing, and much-debated, legal question about the boundary between political expression, which is generally protected from government regulation by the First Amendment, and statements made for commercial purposes, which are typically afforded less protection. The U.S. Chamber of Commerce hired Starr to author an amicus brief in which he also urged the Court to hear the case. In addition to their Supreme Court work, Dellinger and Starr each boasts a full roster of cases in both trial and appellate courts. Despite their busy private practices, they remain close to Duke Law School. Dellinger, a partner at O’Melveny & Myers in Washington, keeps his home in Chapel Hill and serves as the Douglas B. Maggs Professor of Law at Duke. Last spring, Dellinger taught a popular seminar on the Rehnquist Court, and he plans to teach a seminar next year devoted DELLINGER WAS AMONG KEN STARR’S TEACHERS AT DUKE LAW IN THE 1970s to Abraham Lincoln. Students enrolled in the Rehnquist Court course accompa- alter E. Dellinger III, who pion of school desegregation, as a forma- nied Dellinger to Washington, D.C. to turns 62 in May, was born into tive influence. “Charles was a rare combi- hear him argue alongside U.S. Solicitor a poor family in Charlotte, nation of a legal genius who had a real General Ted Olson on behalf of the State WNC during the Second World understanding of how the law bore down of North Carolina in the important cen- War. Neither of his parents graduated on real people,” Dellinger says. “He just sus case, Utah v. Evans. Their argument from college, and his father died at age seemed to have that in his bones.” proved compelling, as the Court ruled in 40, when Dellinger was in the sixth Dellinger excelled at Yale, and upon North Carolina’s favor. grade. Dellinger’s mother supported him graduation took a job at the University of Starr, a Washington partner at and his two siblings by selling men’s gar- Mississippi School of Law, where he Kirkland & Ellis, often visits the Law ments – “socks, ties and underwear, six taught political and civil rights to one of School as a lecturer, and he serves as a days a week,” Dellinger recalls. the institution’s first racially integrated life member of its Board of Visitors. He attended the University of North classes. Trent Lott, the former Republican In early January, he drove to Durham Carolina at Chapel Hill as an undergrad- Senate majority leader, was a third-year to host a discussion of his recently uate, compiling what he calls a “very law student when Dellinger arrived. published book, First Among Equals: checkered” academic record, with studies Dellinger left Ole Miss in 1968 to The Supreme Court in American Life. frequently disregarded in favor of partici- clerk for Justice Hugo Black on the (See related article in this issue.) pation in civil rights protests. Supreme Court. The Court would The two are ideological opposites on Envisioning a political career, prove to be a focal point of Dellinger’s many, but not all, issues. Elite advocates. Dellinger managed to talk his way into professional and intellectual life for Scholars. And yes, frequent adversaries Yale Law School, as he puts it. “It was decades to come. on matters of policy and politics. Among the pull of politics that drew me to Yale, Duke Law School lured him back the many accomplished Law School but going to Yale Law School actually from Washington at the conclusion of alumni and affiliates in the nation’s ruined me for politics,” he says. “I went his clerkship. Dellinger still had some capital, Dellinger and Starr are two of and found that inside a redneck was an interest in politics, and the quick wit, Duke’s preeminent representatives in intellectual clamoring to get out.” While self-deprecating charm, and bourbon- Washington. Here’s how they got there. at Yale, Dellinger’s constitutional law and-butterscotch drawl that are his professor, the late Charles Black, proved trademarks no doubt would have served inspirational. Dellinger still counts Black, him well. But he soon realized he wasn’t who was an outspoken and influential cut out for Southern party politics. He critic of capital punishment and a cham- lacked an essential quality: the will to

34 Duke Law Magazine • Spring 2003 glad-hand at shrimperoos. topics. Dellinger strenuously opposed who had worked in Cambodia that the “My friends would call up and say, them all. When asked in jest by then- judges there knew of only one American ‘There’s a Democratic party shrimperoo Vice President Gore if he, as head of the case, and that was Clinton v. Jones. They in Fayetteville, and all the key county Office of Legal Counsel, had a numeri- thought it was awe-inspiring, because commissioners will be there.’ And I cally measurable performance goal, they were just trying to develop a sense would think, well, I have the new John Dellinger responded seriously: “I do have of the rule of law, and the idea that the Rawls book, A Theory of Justice, which one,” he said. “Number of times most powerful person could be brought just arrived. And then I’d say that I Constitution amended: Zero.” before the courts was very, very powerful. would come some other weekend,” In 1996, Dellinger assumed the role of So it’s possible that in the long run, the Dellinger recounts. “I could never make acting solicitor general. During his one- [Supreme Court] will turn out to be that choice to do the things you need to term stint as the White House’s top right, because the importance of that do to go into politics.” advocate before the Supreme Court, message may be so great.” As a result, Dellinger remained a Dellinger argued an unusually large Dellinger returned to Duke Law’s member of the Duke Law faculty almost number of cases – nine – including one faculty in 1997, just after he had without interruption until 1992. That embarked on what he calls his first real was the year he found himself drawn into Asked in jest by then- job as a private lawyer. As a partner at the presidential campaign of William O’Melveny & Myers, Dellinger concen- Jefferson Clinton. Vice President Gore if trates on appellate and Supreme Court Dellinger, who had been advising litigation. The job suits him. women’s rights groups on constitutional he, as head of the “It highlights things I’m good at, and issues since the late 1980s, was invited to mitigates things I’m bad it,” he observes, provide preparation for Clinton on Office of Legal Counsel, half-joking. “I’ve never been good on fol- “women’s issues” for the presidential low-through or attention span, and I debates. After Clinton won the race – had a numerically don’t need to be because other people indeed, less than a week before his inau- here do that. On the other hand, my first guration – Dellinger again was called in, measurable performance 15 minutes on a problem tend to be this time to draft a series of executive goal, Dellinger responded quite good.” orders that Clinton would issue on the Dellinger has argued 17 cases before anniversary of the Supreme Court’s land- seriously: “I do have one. the Supreme Court to date. But this term mark abortion decision, Roe v. Wade. will be his busiest since he took up pri- Among them were orders to allow U.S. Number of times vate practice. In November, he argued a participation in international family landmark trademark case on behalf of planning projects and the rescinding of a Constitution amended: Victoria’s Secret, and in December he gag rule limiting how physicians at feder- argued on behalf of the justices of the ally funded clinics could counsel preg- Zero.” Supreme Court of Washington defending nant women. their program, and that of the other 49 Shortly thereafter, Dellinger was that indirectly pitted him against his states, of using lawyer trust funds to pay tapped to lead the Office of Legal former student, Ken Starr. for legal services for the poor. All told, Counsel, or OLC, which functions as a In Clinton v. Jones, the Supreme Court he’s either counsel or co-counsel in seven law firm to the president, housed within took up the question of whether a presi- of the cases the Court has agreed to hear the Department of Justice. “It is a fabu- dent could be subjected to civil litigation this term. He’s also worked on amicus lous job,” he says. “You are the final legal while in office. The sexual harassment briefs in eight other cases. Last month, decision-maker for the executive branch lawsuit pursued against Clinton by Paula he won one of the biggest victories in of the government.” Jones overlapped with the investigation appellate history when the Alabama Dellinger served in that capacity for by Starr, as independent counsel, of Supreme Court overturned a $3.5 billion three years, relying on a team that Clinton’s relationship with that most verdict against Dellinger’s client, included Duke Law Professors infamous of interns, Monica Lewinsky. ExxonMobil. Christopher Schroeder and Jeff Powell – Dellinger lost the Clinton v. Jones “the two people whose legal opinions I argument, but says he has come to think n some ways, Ken Starr’s career value most,” Dellinger says. of that possibly as a good thing. closely resembles Dellinger’s. In other After Republicans took control of the “I thought at the time that having respects, their professional experiences Senate in 1994, the emboldened GOP civil litigation carried on against the pres- Iin the law are vastly different. Starr, leadership hoped to introduce several ident during his term in office would be 56, was born in Vernon, TX and spent constitutional amendments – on school very disruptive to the administration,” he much of his childhood in San Antonio. prayer and flag burning, among other says. “But I was later told by a student His father was a Church of Christ minis-

Spring 2003 • Duke Law Magazine 35 Dellinger and Starr

ter, and Starr was raised in a deeply reli- a duck to water,” he says. Starr signed on at the Department of gious environment that continues to “Law school was so human-related,” Justice in 1981 as a counselor to Reagan’s inform his daily life. Starr is disarmingly he recounts. “It involved a moral dimen- first attorney general, William French affable and cheerful in person, and he sion, and questions about social arrange- Smith. Starr worked closely with Smith returns frequently to the topic of his ments and the relationship of the indi- and Solicitor General Rex Lee on several faith. He teaches Sunday school at his vidual to the state. Those are issues I’ve major Supreme Court cases. church in McLean, VA. always enjoyed.” He also got a firsthand look at the The contrast with Dellinger, who was Starr distinguished himself at Duke process of selecting federal judges, busy working on a compilation of what Law, and he earned the endorsement of including justices for the High Court. In he deemed the “10 greatest rock and roll then-Associate Dean Frank T. Read ’63, First Among Equals: The Supreme Court songs of all time” in December, could who urged Starr to seek a clerkship. Starr in American Life, Starr recounts how he not be sharper. clerked for Chief Justice Warren Burger interviewed Sandra Day O’Connor for Starr’s early interest in public policy from 1975 to 1977 and then entered pri- the seat to which Reagan ultimately and debate propelled him toward politi- vate practice with Gibson Dunn & named her. cal science as an undergraduate at George Crutcher in its Los Angeles office, where In 1983, Reagan rewarded him with Washington University and then as a he first struck up what would become a an appointment to the U.S. Court of master’s candidate at Brown University. close friendship with Ted Olson, now Appeals for the District of Columbia, Starr, who wrote his master’s thesis on President George W. Bush’s solicitor gen- where Starr’s fellow judges included Jean-Jacques Rousseau, earned the degree eral. Before long, politics and policy Antonin Scalia and Ruth Bader in one year. called Starr back to Washington. Ginsburg. Starr returned to the executive But abstract political philosophy didn’t With Ronald Reagan in the White branch for four years as solicitor general hold Starr’s interest. After a year working House, many of the brightest young con- under President George H.W. Bush. for the U.S. State Department, he turned servative lawyers in the country sought, Solicitor General Starr argued 25 cases to Duke Law School. He took to it “like and won, jobs in the administration. before the High Court.

DUKE LAW ALUMNI, PROFESSORS HAVE MET PREVIOUSLY BEFORE THE HIGH COURT

he Nike case is not unique in pairing lawyers with strong dent, the complaint had failed to state a claim. However, the TDuke Law ties before the U.S. Supreme Court. Duke Law Supreme Court, five justices to four, reversed the district court professors and alumni repeatedly have teamed up – or and held that the complaint had stated an equal protection opposed one another – before the Court. cause of action under the Fourteenth Amendment. Apparently, In December, Duke Law graduates Rodney Smolla ’78 and this was the first time two professors from the same law school Michael Dreeben ’81 represented opposing sides when the had argued against each other before the Supreme Court. Court heard arguments concerning the constitutionality of a Upon remand, a trial took place. The three-judge district Virginia statute prohibiting cross burning. Smolla, a professor at court again ruled against the plaintiffs by a two-to-one vote; the University of Richmond School of Law, argued on behalf of and a second appeal occurred. Once again the plaintiffs were two men convicted of violating the statute after two cross burn- successful in the Supreme Court by a 5-4 vote – although on ing incidents in 1998. Dreeben appeared on behalf of the U.S. this occasion Professor Powell was back at work full-time at Office of the Solicitor General, which supported the Virginia law. Duke and no longer serving as counsel for the state. In another case, Professors Jeff Powell and Robinson A new redistricting plan was enacted and a new set of plain- Everett were on opposing sides at the beginning of a compli- tiffs sued with respect to that plan, with Everett once again serv- cated challenge to the North Carolina legislature’s congres- ing as their attorney. A different three-judge district court granted sional redistricting plan, enacted after the 1990 census. Five summary judgment to the plaintiffs by a two-to-one vote. Upon plaintiffs, including Duke Law Professors Everett and Melvin the state’s appeal, in which Duke Law Professor Walter Dellinger Shimm, claimed that the plan was an unconstitutional racial represented the state, the Supreme Court reversed and remand- gerrymander. A three-judge district court considered the case ed for a trial. There, the plaintiffs again won a two-to-one deci- and ruled for the state. The plaintiffs, represented by Everett, sion and the state once again appealed. The Supreme Court, appealed directly to the Supreme Court; and Powell, who was once more by a 5-4 majority, upheld the plan, with Everett and counsel of record for the state, argued that, in light of prece- Dellinger arguing against each other a second time.d

36 Duke Law Magazine • Spring 2003 It was during this period, Starr says, very lamentable.” that he faced his most difficult Supreme Like Dellinger’s, Starr’s Court case despite participating on the practice has boomed. He winning side. It was a dispute over has argued two Supreme whether family members could compel Court cases since return- doctors to end the life of a young ing to Kirkland & Ellis, woman, Nancy Cruzan, who had been but he often advises left in a permanent vegetative state after a clients on litigation strate- car accident. Starr, who said that doctors gy from behind the could not be compelled to end the scenes, as in the major woman’s life because her own intentions school voucher case, were not clear, describes the case as Zelman v. Simmons- “unspeakably sad” in his book. Harris, heard by the High Starr left the SG’s office in 1993, eager Court last term. Starr to throw himself into private practice and served as a key advisor to firm management at Kirkland & Ellis. But the lawyers who argued after about a year, he was appointed as the and won that case for the independent counsel in the Whitewater state of Ohio. investigation. It would be his most public, Starr recently played a and by far his most controversial, role in more public part in the the drama of American politics. litigation over the Starr doesn’t flinch from the subject, Bipartisan Campaign but he doesn’t relish discussing it, either. Reform Act of 2002, He refers with mock primness to the widely viewed as the most period during which he investigated the sweeping campaign Clintons – and was himself subjected to finance reform law in withering scrutiny – as “the recent decades. In December, unpleasantness.” Starr was among the fleet “I was not especially eager for the of high-powered advo- assignment,” Starr recalls with a sup- cates who argued over the pressed sigh. “But the call came, and I constitutionality of the have never said no to public service.” new law before a special It was particularly anomalous for Starr panel of federal judges in to assume the role of independent coun- Washington, D.C. He was STARR SAYS HE WAS NEVER EAGER TO INVESTIGATE THE CLINTONS sel. “There was a strange irony in being retained by the BUT RESPONDED WHEN CALLED TO DUTY asked to serve [in that capacity],” Starr Southeastern Legal acknowledges, given that he and his col- Foundation, a fledgling conservative the Nike dispute. The litigation itself leagues in the Reagan administration had group in Atlanta, to challenge the law, flows from comments made by Nike in urged Congress in the early 1980s to do which aims to ban so-called soft-money defense of its overseas business practices. away with the independent counsel fundraising by national political parties, A San Francisco man has sued the com- statute. Starr now says that his experience and to regulate some political advertising. pany, alleging that its statements were investigating the Clintons confirmed his The case is almost certain to make its false and misleading, violating view that the structure of the independ- way up to the Supreme Court on appeal, California’s false advertising law. In ent counsel was “fatally defective.” and Starr is expected to participate essence, the legal question in the case is “It’s quite difficult for the independent in that oral argument. whether the First Amendment’s speech counsel to truly enjoy the support of the clause protects Nike from liability under attorney general of the United States,” or now the Nike case, which the state law for the company’s comments. he notes. Supreme Court has agreed to hear The reason this question is so tricky, and Starr returned, eagerly, to private this term, has brought Starr and has captured the interest of the Supreme practice at Kirkland & Ellis in 1997. FDellinger together again. This time, Court, is that the answer turns on “Professional work certainly seemed more they’re on the same side, which isn’t as whether the speech at issue is categorized delicious, after being caught up in that strange as it may seem. As Dellinger as “political” or “commercial.” political maelstrom,” he says. “I obviously points out, a staunch conservative and an Commercial speech generally receives less regretted that, both professionally outspoken liberal can agree on the princi- protection from the First Amendment. and personally. The whole thing was ple of freedom of speech that underlies But, Nike contends, the statements at

Spring 2003 • Duke Law Magazine 37 Dellinger and Starr

issue in the case were not advertise- ments at all. Rather, the company Starr Touts Increased Public Education argues, its press releases and op-ed articles were vehicles for the company to About Law During Visit to Law School participate in a political debate over globalization. From flag burning to religion in schools, American constitutional issues are too far removed Dellinger, who represents Nike, from the public, which often knows very little about relevant cases, former U.S. Solicitor and Starr, who authored an amicus General Kenneth Starr, Law ’73, told an audience at the Law School Monday. brief on behalf of the U.S. Chamber of About a hundred people, mostly law students, gathered for the lunch discussion with Starr, Commerce, urged the Supreme Court who served under former President George H.W. Bush and recently published a book, First to take up the case in order to clarify Among Equals: The Supreme Court in American Life. the extent to which commercial actors “One of the things that people tend to argue about over the dinner table are issues like do, or do not, enjoy First Amendment abortion, school prayer, affirmative action. I wanted to make these as accessible as possible protection. The case may present the to the American people,” he said. Court an ideal opportunity to rethink In his talk, Starr offered two examples of prominent constitutional issues examined by both the distinction between commercial Congress and the Supreme Court. He began with the flag burning controversies that started and political speech, a distinction many with the Supreme Court striking down a Texas state law banning the desecration of the flag on observers view as the grounds that it inhibited the First Amendment right of free expression. A widespread public increasingly blurred. debate followed, and eventually Congress First Amendment passed the Flag Protection Act of 1989. It experts agree that the was signed by former President Bush, who case promises to yield noted that there were some serious constitu- one of this term’s most tional complications with the Act. significant decisions. When Starr argued for the United States What does the in the Supreme Court case U.S. v. Eichman, future hold for these the Flag Protection Act was overturned by two? The question the Court. “I lost five to four at the High invites consideration Court, which determined that flag burning of a return to public was part of our free expression,” Starr said. service. Starr also discussed the 1990 case of “If I were given the Bridget Mergens, a student whose request to opportunity to serve form a Christian organization at her high full-time on the KEN STARR SIGNS THREE BOOKS FOR FIRST-YEAR STUDENT KARA MOORCROFT school was refused by the school’s principal. bench, I would,” Starr The school district argued that allowing a says. But he acknowledges that the pol- religious group to meet in the school would limit the administration’s ability to decide which itics surrounding his role in investigat- groups were legitimate. ing the Clintons has made him an In an 8-1 decision, the Supreme Court decided that the students had the right to meet unlikely nominee. Still, he says he has according to the Equal Access Act of 1984. In the majority opinion, the Court held that if one no regrets and remains fulfilled by a or more extracurricular groups exist in a school, then all such groups should be allowed to demanding practice and a slate of char- meet on a non-discriminatory basis. itable activities and teaching responsi- Starr concluded that more should be done to inform the public of these kinds of debates. bilities. A long-time professor at New “[The courts] are not an area that should be viewed as the precinct of lawyers and judges. York University Law School, Starr now It affects us all so we should have a richer understanding of it,” he said. also teaches at George Mason Starr said he supports more education on the law in high schools, and he also believes University Law School in Virginia. there should be television coverage of High Court proceedings, although he acknowledges As for Dellinger, he says he doesn’t that the majority of judges are “set against it.” see himself donning black robes “at my Starr’s visit received positive reactions from law students in attendance. “Although I age.” Would he serve another presi- certainly don’t agree with Judge Starr’s [political] philosophy, it was nice to have him over,” dent? He pauses. “I could imagine said Joe Gagnon ’04. possibly agreeing to be White House Brian Murray ’05 said, “Public interest in the law and courts needs to grow, although I counsel,” he says at last. “But it’s a very don’t agree 100 percent with [Starr’s views on] media access because of the intrusive nature risky job, a flashpoint for controversy.” of the press.” – Benjamin Perahia For both of these formidable lawyers, that would seem to be more of Excerpted here, this story ran in its full form in Duke University’s student newspaper, an attraction than a deterrent.d The Chronicle, on Jan. 14, 2003.

Photo by Bill Wilcox, The Herald-Sun 38 Duke Law Magazine • Spring 2003 system. I imagine that she was overwhelmed by how quickly the pro bono {Profiles office got off the ground.” In his second year, Powell developed an interest in AIDS-oriented pro bono work and began working with Professor Carolyn McAllaster to provide legal services such as wills and health care power of attorney declarations for AIDS Wesley Powell patients at the Duke University Medical Alumnus Finds Satisfaction, Even in Uphill Battles Center. “In the early ’90s, before the drug By Tia Hall ’03 cocktails were introduced, more people were dying of AIDS and there was not hen Wesley Powell ’94 bono and public interest work: the results the same sense of hope that there is learned in January 2000 that are not always positive, but the experience now. There was a need to be served the case of Boy Scouts of can be rewarding nonetheless. He says in providing basic wills and health care W America v. Dale was to be that his pro bono experiences at Duke powers of attorney that existing legal argued before the United States Supreme Law provided him with the skills that services agencies just could not provide,” Court, he and a partner at his law firm prepared him well for private practice. he said. contacted the attorneys of plaintiff James “Some of your public interest clients Dale with an offer to write an amicus don’t have much of a case, others have brief in support of Dale’s position. Dale great cases. Either way, pro bono work sued the Boy Scouts organization after provides you with great practical experi- being expelled from his position as an ence,” he said. assistant scoutmaster after publicly Powell’s interest in pro bono work declaring that he is homosexual. stems from the values of his small Then a fifth-year associate with hometown of Brownsville, TN and his Clifford Chance Rogers & Wells in New upbringing in the Methodist church, York City, Powell did not receive an which is known for its community acceptance from Dale’s attorneys until service tradition. His enthusiasm for March, less than two weeks before Dale’s such work grew stronger when he was brief was due to be filed with the Court a student at Duke Law School. clerk. Powell and his colleagues hustled “I grew up with service being a part to research the issues, confer with of my life. When I came to law school, WESLEY POWELL ’94 clients who were in support of Dale’s it just made sense for me to get involved position, and draft the brief. The Supreme in public interest work. Even now that Powell spent many hours meeting Court ruled in favor of the Boy Scouts, I’m in private practice, it became essen- with AIDS support groups at Duke but in his dissent Justice John Paul tial for me to do community service, and University Medical Center and various Stevens cited Powell’s brief at length, the law degree is a perfect tool.” other AIDS clinics in the community. which Powell considered to be some con- When Powell enrolled at Duke Law in The experience that he gained in devel- solation for the hard work and all-nighters 1991, the Pro Bono Project was being oping client relationships and client of the previous nine days. developed under the direction of advocacy prepared him well for private “Quite often when you submit an Associate Dean Carol Spruill. Powell said practice. amicus brief, you don’t know if the jus- students immediately began to take “Those patients were scared to death tices and the clerks even look at it, let advantage of the resources that Spruill and they were looking to me to explain alone factor it into their analysis of the energized at the Law School. why they would potentially need legal case,” said Powell. “It was very satisfying “Before the pro bono office opened, services. At the age of 24 it was an eye- to see that Justice Stevens cited two students were finding their own pro opening experience for me,” he said. block quotes from our brief.” bono work to do, but there was nothing During Powell’s time at Duke Law, he Powell, who at Clifford Chance prac- really organized,” he said. “Carol Spruill saw the AIDS pro bono project develop tices anti-trust litigation and manages a was the ideal person to get that office up from a two-person operation into a full- training and development program for and running, because she had been so fledged clinical course at the Law School. litigation associates, said experiences involved with Legal Services, and she “In the beginning, it was just Carolyn such as the Dale case are typical of pro knew everyone in the state legal aid and me drafting documents. By the end

Spring 2003 • Duke Law Magazine 39 Profiles

of my third year, we had established the AIDS Wills Project, with 30 second- and third-year students as volunteers,” Powell said. Within one year of his graduation, McAllaster had obtained a grant to trans- Farley Collins form the AIDS Wills Project into a clinic. Alumna Finds Her Calling in Criminal Prosecution While at Duke Law, Powell also volunteered for North State Legal Services By Shannon Frank ’05 in Hillsborough, NC, working on Social Security and disability benefits disputes hen Farley Collins ’00 came pant in the Domestic Violence Advocacy and worker compensation cases for facto- to Duke Law School, she Project, Collins worked with a prosecu- ry workers in the area. He found public already was committed to tor in Durham. In assisting victims of interest work to be an excellent opportu- W pursuing a career in public domestic violence, she became especial- nity to explore career options. Although interest law. The question that remained: ly interested in the role of the prosecutor Powell chose a career in private practice, which field of public interest would be in abuse prevention. he always has managed a significant pro her ultimate calling? Since joining the Manhattan district bono caseload. Powell said he finds satis- Collins, now an assistant district attorney’s office in 2000, Collins has faction in representing both sides of the attorney for New York County in the maintained a large caseload: she estimates legal system. domestic violence trial bureau, has as many as 200 individual cases. After “In my first case after being admitted become a passionate advocate for the spending her first year-and-a-half working to the bar, I represented a criminal victims she represents. Yet with the advo- on misdemeanor charges, such as larceny, defendant who was appealing his convic- cacy experience that she gained at Duke prostitution and drug possession, Collins tion at trial,” he said. “The following year, Law, she might just as easily have chosen now handles felony cases. Eight of those I represented Kings County, NY as a another career path. “I think I could have misdemeanor cases have gone to trial, special prosecutor.” ended up in any public interest job,” she where a supervising attorney provided Since his graduation from Duke Law, said. “I have a huge interest in domestic support when needed, but Collins held Powell’s pro bono clients have ranged violence advocacy, but I think I could most of the responsibility. Collins says she from prisoners suing the police depart- have gone in a lot of different directions.” was well prepared for those tasks by her ment for using excessive force to small- During her three years at Duke Law, experiences at Duke Law. town media outlets involved in First Collins explored several fields of public “I am able to use those skills that I Amendment disputes. He also has interest law. She participated in the learned at Duke on a daily basis,” she worked to protect low-wage immigrant AIDS Legal Assistance Project, helping said. “The victims that I work with have workers in the New York restaurant and clients with wills, Social Security, been greatly affected by whatever terrible garment district from exploitation. guardianship and court appearances. course of events has led them to my Powell is grateful for the exposure he She spent half of her 2L summer per- office. What I learned about working had to pro bono work at Duke Law. He forming child advocacy work for the with public interest clients at Duke recommends that all law students take Children’s Defense Fund. As a partici- definitely has given me the skills to advantage of pro bono opportunities that work effectively with these individuals.” are presented to them, not only for their Collins participates in nearly all own education, but also for the positive aspects of each case, which sometimes impact on their community.d can be challenging to coordinate. Her duties include crime scene inspection, Tia Hall ’03 is the co-chairperson preparation for hearings and trials, of the Alumni Development drafting of motions and responses, and Committee of the Public Interest gathering evidence. Such comprehensive and Pro Bono Student Board. involvement requires Collins to piece She also is a staff writer for the together bits of information, while Duke Law and Technology Review and is simultaneously assessing the case from a the Speakers Committee chairperson for broader standpoint. the Black Law Students Association. Hall “A lot of it is about balancing the inter- will clerk for Judge Patricia Timmons- ests of victims and witnesses, and the seri- Goodson of the North Carolina Court of ousness of the case, about trying to help Appeals after graduation. victims understand the system and the process, all while trying to find out the FARLEY COLLINS ’00 facts, and trying to figure out the best

40 Duke Law Magazine • Spring 2003 course of action in the case,” she said. Collins enjoys the challenges of her job, as well as the uniqueness of each case. “One thing you learn is that anybody can be a victim,” she said. “Some don’t want to be here, some are really happy that I’m prosecuting, some are angry that I’m prosecuting. It’s the same thing with witnesses. Often they’re just people who are in the wrong place at the wrong time.”

Collins meets these challenges with JOHN BOLIN ’03 skill and enthusiasm honed in her law school days, and she holds fond memo- ries of her Duke Law experience and of the faculty who helped her along the way. “I loved the Legal Assistance Clinic John Bolin and thought Carolyn McAllaster and Jane Wettach were great,” she said. Military Career Provides Foundation for “Carol Spruill was very committed to Commitment to Service-Oriented Career in Law students and to whatever issues we were interested in.” By Stephen Minter ’03 Spruill, associate dean for public interest and pro bono, said Collins has made uring 20 years as a surface war- time where distances often were measured her and others at Duke proud while rein- fare officer in the U.S. Navy, by the range of a SCUD missile. forcing the importance of public interest John Bolin ’03, threw himself “I found the challenge of meeting the law for others. “Farley is a positive per- Dwholeheartedly into the practice of concerns, needs and requirements of the son whose enthusiasm for her interests serving others. Now retired from the host government, civilians, our military spread to all those around her,” Spruill Navy, Bolin is busy preparing for a sec- objectives and others incredibly reward- said. “While at Duke Law she had a ond career in law – and he still is thinking,” he said. “For me, that experience great influence on other students who ing about public service. confirmed that public interest service pro- care about public service.”d Bolin said his interest in and dedica- vides the greatest satisfaction when it is tion to working for the betterment of an extension of those things you know Shannon Frank ’05 is a others has its roots in the sense of com- and enjoy doing.” member of the Public Interest mon mission and teamwork he devel- Now a third-year student, Bolin is Law Foundation and the oped in the demanding environment of close to finishing his education at Duke International Law Society. She military operations. A few years after Law. “I’ve always had a strong interest in plans to work in immigration law. Operation Desert Storm, Bolin became the law,” he said. “It’s a good fit with my the nuclear, biological and chemical desire to re-enter civilian life taking defense officer for the U.S. Naval Forces advantage of opportunities I really was Central Command, where he worked in not aware of when I entered the Navy.” designing, testing and implementing an Bolin’s academic focus is commercial law, area-wide chemical/biological warfare but much of his energy remains focused attack civil defense response program. on his desire to serve the community. But the greatest responsibility he assumed Though not threatened by missile was looking out for the welfare of thou- attack, law students sometimes can feel sands of people living in a region at a overwhelmed in their dealings with the

Spring 2003 • Duke Law Magazine 41 Profiles

to his classmates. “John has taken very Bolin said his interest in and dedication to working for the seriously the ideal of our profession that every lawyer must help meet the legal betterment of others has its roots in the sense of common needs of those who cannot afford a lawyer in order for justice to prevail,” she mission and teamwork he developed in the demanding said. “Law school is a great time for a student to figure out how he or she will environment of military operations. accomplish this, yet many students over- look the opportunity. John not only law school experience. Bolin identified academic affairs. Dean Coleman found a way for incorporating pro bono this problem as something he could help observes, “This was an extraordinary service into his private practice experi- address through his position in the Duke effort by John and Steve. Rather than ence, but he showed leadership by Bar Association. Together with fellow merely grouse about the ethics require- developing a project for serving more Library and Technology Committee ment, they decided to do something refugees by involving more law students.” member John Fowler ’04, he approached constructive to help us strengthen the Bolin firmed up his post-graduation law library administrators with a plan to program. This is the kind of leadership plans in the fall semester by accepting an enhance library operations in ways that and self-direction that the Law School offer from Morgan Lewis to practice would complement other efforts to ease encourages in its students.” commercial law in New York. “I’m look- the lives of students. The plan, which Bolin also brought to Duke Law a ing forward to learning a technically was quickly acted upon by the library, public interest project he worked on dur- demanding area of the law in depth,” he included recommendations to improve ing his 2L summer. Topping off a sum- said. “Morgan Lewis is a firm that will supplies of staplers and three-hole punch- mer clerkship with the law firm Morgan challenge me intellectually day-to-day es near copy machines, upgrade a second- Lewis & Bockius, Bolin donated two while supporting me in my pursuit of floor restroom, and add more laptop secu- weeks to the Association of the Bar of the other interests.” He also intends to con- rity hardware to study carrels and tables. City of New York’s Community tinue the work he’s already begun. “The “I see it more as a support role,” Outreach Law Program. “Morgan Lewis Refugee Project is an incredible fit,” he Bolin said. “The students need an inter- has a very committed program of support said. “What better way to balance a prac- face with the administration that can help for pro bono work. With their help I tice in commercial law than with a litiga- triage then target those problems that found myself a few doors down the block tion practice in human rights?” present a drag on the system. Library sup- at the ABCNY. I was randomly assigned Lauris Wren of the ABCNY agrees. As port functions aren’t very sexy problems, to the Refugee Assistance Project.” the staff attorney managing the Refugee but considering the time students spend in This was a natural fit for someone Assistance Project, Wren already is plan- the library, they are real problems.” with his experience and interests. “I ning for Bolin’s return. “The Refugee Senior Associate Dean for Informa- researched country conditions in support Assistance Project cases are of the tion Services Richard Danner appreciates of individuals applying for refugee status. utmost importance to our clients – the the efforts Bolin made to bring forth the It would be hard to imagine not helping cases may literally be a question of life or issues: “Because the library is community these people once you’ve read their files. death for them. In the two weeks John space for learning and research, these are My years of experience overseas made spent with us last summer, he did amaz- all important matters for students,” these issues come alive for me.” To make ing work, contributing greatly to victo- Danner said. “In this matter and others, sure that the help continued, Bolin ries in several asylum cases. The assis- John consistently shows the ability both approached Senior Lecturing Fellow tance project he set up at Duke Law has to represent student interests effectively Cindy Adcock ’91 to develop a refugee provided valuable assistance in many and to accomplish his goals.” assistance project at Duke Law. Within a cases as well. We are looking forward to Another effort Bolin is busy with on semester, 10 first-year students, a 3L and having him back in New York, volunteer- behalf of future students is an analysis an LLM student were supporting Bolin, ing on our cases again.” d and critique of the Law School’s ethics under Adcock’s guidance, in helping curriculum. Partnering with classmate immigrants who have suffered torture Steve Smith, Bolin surveyed a large por- and other forms of repression in their Stephen L. Minter ’03 is a tion of his class to identify student per- home countries and are seeking political Law student and president of spectives and expectations on various areas asylum in the United States. Scientific Resources, Inc., a risk of the ethics curriculum. The results of Adcock is quick to point out that assessment and management this independent study were recently pre- Bolin’s pro bono work benefits more business based in Durham. sented to James Coleman, senior associ- than just his refugee clients. His leader- Upon graduation, he expects to transition ate dean for academic affairs, and ship in developing the refugee assistance into a second career in government affairs. Theresa Newman ’88, associate dean of project at Duke Law serves as an example

42 Duke Law Magazine • Spring 2003 complex litigation. With a team of full- process. Over a span of 20 years, millions time CLA attorneys and private pro bono of dollars were added to the mental attorneys, CLA won two landmark cases health system for children as a result of – the Willie M. and Thomas S. cases – this lawsuit. well known in part for their extensive and The Thomas S. case was a statewide pioneering post-judgment relief and class action on behalf of all people with Debbie monitoring. mental retardation who were inappro- Willie M. was brought on behalf priately warehoused with psychotic of all children in North Carolina with patients, leaving them to model them- Greenblatt mental disabilities who exhibited aggres- selves after those patients rather than Alumna Establishes sive behaviors and who received inade- learn skills to live independently. Many quate services or were prosecuted in the individuals with mental retardation were Rights for Clients with criminal system for behavior caused by kept in psychiatric hospitals where they Mental Disabilities their illness. The state of North were unnecessarily drugged and Carolina settled, agreeing to provide restrained, and the psychiatric hospitals By Carol Spruill proper services for approximately 1,200 often ignored the specific needs of these North Carolina children per year and individuals. The litigation concluded ebbie Greenblatt LLM ’80 is one create a new state agency to oversee the with an order that required the state to of just a few Duke Law graduates to receive an LLM in Clinical DEducation during the six years, 1974–80, that Duke Law School offered that degree program. Before being accepted as a “Bradway Fellow” in Duke Law School’s two-year clinical program – the fellowships were named after long- time Duke Law faculty member John Saeger Bradway, who pioneered clinical education in the 1930s – Greenblatt had received a JD from North Carolina Central University School of Law and practiced law for several years. When Greenblatt first started practicing in Raleigh in 1972, she was one of a handful of women attorneys. She initially was in solo practice but soon formed the first all-female law firm in the state with attorney Sharon Thompson. Greenblatt attracted attention early by winning a case for a client who had sued to keep her maiden name after marriage – a practice not as common in the 1970s as DEBBIE GREENBLATT LLM ’80 it is now and one that was resisted by driver’s license officials. After receiving her LLM in 1980, she “I love this work because it is a real opportunity to speak decided that she wanted to work full- time on behalf of children and adults the truth about people with disabilities — to the public, with mental illness and developmental disabilities, and in 1982 she became to the courts, to policy makers — and it is an opportunity executive director of Carolina Legal Assistance (CLA), a part of Legal Services to make an impact on people’s lives.” of North Carolina. Greenblatt quickly became known for aggressive pursuit of – Debbie Greenblatt LLM ’80 rights for this often-silenced group of clients and for her ability to manage

Spring 2003 • Duke Law Magazine 43 Profiles

provide appropriate services to class have established a quota on the number members. This case improved professional of people with disabilities who could live standards and increased funding of the in a county. Her quick work to bring mental health system by millions of this provision to light caused it to be dollars in North Carolina during the removed from the budget. Duke Law eight years that post-judgment relief Why was she attracted to working on was monitored. behalf of people with mental disabilities? Education Another of Greenblatt’s high-impact “I love this work because it is a real litigation cases was Alt v. John Umstead opportunity to speak the truth about Hospital, in which the NC Court of people with disabilities – to the public, Inspires Appeals found that patients in psychi- to the courts, to policy makers – and it is atric hospitals could not be secluded and an opportunity to make an impact on Alumnus restrained for trivial violations of rules. people’s lives,” she said. Greenblatt adds, Greenblatt’s casework also has applied “A body of law is available, such as to Pursue the federal Fair Housing Act to local Special Education, the ADA, and IDEA, zoning decisions involving group homes that is not available for representing for people with disabilities. other disenfranchised people. So, as a Poverty Law CLA always has been a small organi- lawyer, you have something to work zation with an impact far beyond its with. As the courts are changing, having Practice resources. For a brief period it was rela- statutory empowerments makes a differ- By John Keller ’87 tively flush with a combination of legal ence. You can win sometimes, and that is services funds and attorneys fees getting harder and harder these days. obtained from the monitoring of the The work that is there to be done at the t has been exciting to read recently Thomas S. case. However, a few years legislative level, at the policy level and in about the Law School’s growing after this, CLA had to leave Legal the courts is professionally very satisfying.” commitment to and support of Services because of the severe restrictions Well after she began her work on Ipublic interest opportunities. During put on it by the 104th Congress. Also, behalf of people with mental disabilities, my years there (1984–87), public interest newly conservative federal judges Greenblatt found yet another reason to resources were minimal. I enjoyed and declared that court oversight was no fight for those causes. She and her hus- appreciated the personal encouragement longer needed on Willie M. and Thomas S. band, Chuck Eppinette, discovered that of Duke faculty, particularly Katharine Staff size was severely reduced, and other their daughter, Hannah, had severe devel- Bartlett and Jerome Culp, as I pursued a professional staff, including Greenblatt, opmental disabilities. Greenblatt’s life career with Legal Services. balanced the budget by taking pay only became professional advocacy by day, During college, I heard a Legal for part-time work despite their overtime and personal advocacy and care-giving Services lawyer speak at a public interest effort. Greenblatt considered leaving by night. Now in her 20s, Hannah is job fair. His enthusiasm for and sense of CLA and ran for district court judge, doing well and even became a Bat vocation about his work led me to check narrowly losing the election. Her unsuc- Mitzvah with much coaching from her into opportunities with Legal Services of cessful stint as a politician only made her parents. And Greenblatt continues to North Carolina when I came to Duke more determined to see CLA through its throw her considerable talent, energy and Law. After my first year of law school, I budget challenges. dedication into the ongoing fight for worked with Legal Services of the CLA continues to represent individual people with mental disabilities.d Coastal Plain in Ahoskie, NC. Following clients facing treatment crises and chil- my second year, I worked with Legal dren with special needs who are not Carol Spruill is associate Services of the Southern Piedmont in receiving appropriate services in school. dean for public interest & pro Charlotte, NC. That second summer, I CLA attorneys are educating the public bono and a senior lecturing also volunteered for one month at the about the problems of people with men- fellow at Duke Law School. Community Law Office (CLO) in tal disabilities. They are training other She is on the board of Carolina Mendenhall, MS, a one-attorney office lawyers and advocates as well as state Legal Assistance. that was an outreach ministry of officials to the nuances of legal work for Mendenhall Ministries, a community- this unique client group. And CLA is based Christian ministry. continuing its policy work. Last fall, My summer experiences exposed me Greenblatt discovered a tiny provision in to advocates whose commitment, work the massive budget bill being considered ethic and caring remain inspiration and by the NC General Assembly. It would confirmed my interest in a civil poverty law practice. I learned how legal and

44 Duke Law Magazine • Spring 2003 of lawyers striving to promote equal justice. Solo and small-firm practitioners take {First Person cases pro bono from our office. They also serve untold and unrecognized numbers of clients who cannot pay – simply because the clients need and deserve a lawyer. In a child advocacy clinic taught by Dean Bartlett in 1987, I was paired with a small-firm practitioner in Durham, Jane Volland ’83. I saw that she and her part- ners had created a “public interest” practice within the firm’s overall practice. It made a lasting impression of the importance of pursuing equal justice and advo- cating principles in all practice settings. Large firms have provided substantial pro bono contributions in cases beyond our office’s resources or expertise. Also, many times it is lawyers who play key roles in say what is right and is true, and the need to advocate for justice and fairness beyond the traditional courtroom setting. “Public interest lawyering I have since spent my career with Legal Aid of North Carolina – Wilson, might be viewed as formerly Eastern Carolina Legal Services, serving a six-county region in eastern working to ensure that North Carolina. I have served as a staff attorney and am currently a supervising there is not one law for attorney. I have an individual caseload, JOHN KELLER ’87 and I supervise four staff attorneys and the wealthy and one for two paralegals. We all handle a general administrative decisions can have far- caseload of housing, consumer, employ- the poor.” reaching consequences on the daily lives ment, public benefits and education mat- of people with low incomes. Individual ters. On a statewide level, I have had the experiences still stand out. opportunity to participate in substantive the NC General Assembly, supporting For example, the CLO represented an trainings in both housing and employ- legislation seeking to improve the lives of African-American school employee in a ment law, learning from great advocates low-income people. grievance before the local school board, across the state as well as providing train- Oliver Wendell Holmes stated, “Those alleging lack of cause and race discrimi- ing for attorneys new to the practice. of you who would involve yourself in the nation. The board members were unre- Working with low-income clients con- greatness of the profession must immerse sponsive to the evidence presented and tinually educates me about the law’s yourselves in the agonies of the times.” were also openly hostile to the attorney, all-too-pervasive preoccupation with the Lawyers working in the public interest personally berating her for “always trying allocation of power in our society. As have a singular ability to stand up for to make race an issue.” After the hearing, Reginald Heber Smith wrote, when society’s vulnerable and underrepresented which lasted more than four hours, we fairness and equality in the creation and and pursue the ideal of equal justice.d stood outside the school administration administration of our laws are compro- building late that night recapping the promised by wealth or power, “the poor John Keller ’87 is a supervising ceedings. The attorney was in tears from come to think of American justice as attorney with Legal Aid of North Carolina frustration and anger. Her client was containing only laws that punish and — Wilson. He lives in Knightdale, NC equally angry, but also genuinely thankful never laws that help.” Public interest with his wife, Carolyn Ingram. for his attorney’s efforts. I think back on lawyering might be viewed as working to that moment many times. It crystallizes ensure that there is not one law for the for me the personal commitment to a wealthy and one for the poor. client that makes the case the person and During my 15 years as a legal aid not simply the legal issue, the courage to lawyer, I have seen numerous examples

Spring 2003 • Duke Law Magazine 45 First Person

JAG Service Proves Fulfilling Experience By Maj. James W. Smith III ’94

“A lawyer is either a social engineer or a parasite on society.” – Charles Houston

hen I look back on my time at Duke Law School, I have to say that one of my W proudest moments was the night I accepted an award from the North Carolina State Bar for pro bono service. My inspiration for going to law school was Charles Houston. While not a well-known figure in American history, Houston was one of the most important attorneys of the 20th century. In 1929, he was hired to establish a first-rate law school at Howard University, a histori- cally black college in Washington D.C. He eventually trained Thurgood Marshall and several of the attorneys who led the legal crusade to dismantle racial segregation and discrimination in JAMES W. SMITH III ’94, RIGHT, RECEIVES HIS PROMOTION TO THE RANK OF MAJOR America. Houston believed that every lawyer has a responsibility to fight for Though Charles Houston was my hero, creative attorneys who were dedicated justice and improve society, and that Carol Spruill, associate dean for public to making the concept of equal justice belief guided me through my three years interest and pro bono at Duke Law, was my under the law a reality. at Duke Law. mentor and inspiration. She introduced me The mission of NCLS is so simple I attended Law School while on an to the world of pro bono legal work while I and yet so powerful. The poor are enti- educational delay from the U.S. Army. was at Duke Law. Through Dean Spruill’s tled to quality legal representation. In My father served in the Army for 20 pro bono placement program, I was able to order to fight the war on poverty, the years, and I was a classic military brat. I work in the North Carolina Attorney poor must have access to highly trained, always knew that I would serve in the General’s Office of Environmental skilled and dedicated attorneys who can military. I attended college on a four- Protection and for the North Carolina provide immediate assistance in the year Army ROTC scholarship, with the Legal Services Corporation. areas such as landlord/tenant disputes, goal of one day serving on active duty as The NCLS job was my most reward- debtor/creditor issues and labor law. a Judge Advocate General (JAG). I knew ing pro bono experience. It’s an unfortu- With little money and few resources, NCLS that upon graduation I would join the nate fact that far too often the quality attorneys consistently strive to ensure that U.S. Army Judge Advocate General’s of legal representation in America is lack of income does not become an insur- Corps, and thus I had the freedom to dictated by income. The wonderful thing mountable obstacle for those seeking the follow my heart and pursue summer about the NCLS internship was the services of an attorney. internships in the area of pro bono law. opportunity to work with brilliant and During my second summer at Duke

46 Duke Law Magazine • Spring 2003 Law, I worked in the Wilmington the military was my tenure as a criminal Branch Office, where my focus was a defense attorney in the U.S. Army lawsuit on behalf of minority voters chal- Trial Defense Service. That is an lenging the shape and composition of independent organization which their congressional districts. I’ll never provides criminal defense counsel to forget the experience of travelling soldiers facing courts-martial. through the district, interviewing I served as a trial defense counsel at witnesses, gathering evidence, and Fort Hood, TX from 1998 to 2000 and eventually drafting the brief on an issue as a senior defense counsel from 2000 to of such importance. 2002 in Wuerzburg, Germany. Most Upon my graduation I joined the soldiers facing courts-martial do not have U.S. Army Judge Advocate General’s the ability to obtain civilian counsel. Corps. The JAG Corps is the ultimate The Uniform Code of Military Justice pro bono firm in the sense that it pro- mandates that soldiers facing courts-mar- vides all legal services to its clients for tial and other adverse actions will be free. Tax, contracts, trusts and estates, provided with free, qualified, competent JAMES B. “JIM” HAWKINS ’82 environmental, family law – you name military counsel. For four years I repre- it, the Army provides it. sented hundreds of soldiers facing the daunting prospect of a military court. “This Ain’t No It is hard to express the Many came into my office with the belief that because of their inability to sense of satisfaction I hire a high-profile civilian attorney they Practice Life” were destined to be convicted and serve By James B. Hawkins ’82 received in providing high- years in the disciplinary barracks at Fort Leavenworth. It’s hard to describe the arly last year I made what might quality legal services to the sense of professional satisfaction I seem like a sharp turn in my received from providing these soldiers career path. After serving for brave men and women with high-quality defense counsel repre- Ealmost 14 years as a corporate sentation and convincing them and their attorney and subsidiary president for who defend our nation. families that I was truly dedicated to BellSouth, I accepted an offer to join a defending those who defend America. 30-attorney legal aid group spread My first job was as a legal assistance Looking back, I see how Dean across 48 counties in middle Tennessee. attorney, which is the military’s version Spruill’s mentorship and personal exam- My wife, Betsy, and our three children of a legal aid lawyer. The issues I dealt ple influenced me. She is the living and I moved back to my small home- with while working at NCLS were simi- embodiment of Charles Houston’s ideal town of Gallatin, TN, located about 30 lar to those I handled while serving as a lawyer and my personal hero. She taught miles northeast of Nashville. I shifted JAG legal assistance attorney. The only me that the greatest satisfaction comes from putting together multi-million dollar difference was that my new clients wore from using a law degree to serve those sales, federal regulatory initiatives in uniforms. It is hard to express the sense most in need. Washington, D.C., and corporate re- of satisfaction I received in providing By serving my country as a JAG engineering programs to grassroots work high-quality legal services to the brave attorney, I feel as though I have the as a lawyer representing low-income per- men and women who defend our nation. greatest pro bono job in the world. sons and families, elderly individuals, and Using some of the ideas I learned from I have the privilege of serving as an survivors of domestic violence. Dean Spruill and NCLS, I started a pre- attorney for those who are prepared to Shortly after our move, while prepar- ventive law educational program focused make the ultimate sacrifice in the ing to attend my 20-year class reunion at on consumer law and landlord/tenant defense of our nation.d Duke Law, I felt the click of recognition issues for military personnel. Additionally, as my wife introduced me to the coun- I created a trusts and estates outreach James W. Smith III ’94 is currently the try music song by Martina McBride program that provided services to home- chief of military justice for the United and Andy Griggs with the chorus line, bound military retirees. Finally, I ran the States Army Military District of “This ain’t no practice life.” The song’s installation tax assistance program that Washington, D.C. He is married to words resonated with me. During my provided free income tax assistance to Phyllis Smith and they have two children, work at BellSouth, I had frequently more than 15,000 soldiers and military Dominique and Wesley. encouraged the 1,000-plus subsidiary dependents. team members I led to live and work My most rewarding experience in with a keen awareness that “this is real

Spring 2003 • Duke Law Magazine 47 First Person

life, not a dress rehearsal.” In so doing, I That summer I had a great experience and visit with many of my classmates shared the advice that my father, James clerking with the nation’s first student while back in Durham. I was pleased W. Hawkins T’ 50, gave me when I legal services program, located on the that the conversations were meaningful, joined BellSouth in 1986: “Let your campus of UNC-Chapel Hill. I worked and went beyond the surface-level chats first priority be your spiritual relation- with founding attorney Dorothy that easily flourish at reunions. As I ship with God; let your second priority Bernholz and her associate Mark listened, I remembered a strong impres- be your relationship with your family Sternlicht, who provided a diverse set of sion that I had during my years at the and loved ones; and let your work be free legal services for students. I found Law School. While at Duke, I perceived your third priority.” real satisfaction in the work – and was that just about every student came to the In 2000, my priorities were put to the also able to keep a roof over my head Law School with a pronounced element test when I received word that I was one and pay for groceries, thanks to my of idealism. At the reunion, I realized that of 16 executives and 4,000 managers to Duke Law classmates. During my second this element has been kept alive and has be downsized as BellSouth trimmed costs and third years at Duke Law, I continued manifested itself within my classmates’ in what appeared to be an effort to to work on public interest initiatives. I lives in dozens of different ways. match the profit margins reported by served as a residential advisor for Duke Just about every classmate with whom telecom giant WorldCom. (At the time, freshmen, worked as a volunteer for the I spoke at length congratulated me on we didn’t know that the WorldCom Eno River Society and joined dozens my job transition, and shared with me profit benchmarks were an accounting- of other law students as a volunteer examples of the volunteer work and engineered illusion.) After a BellSouth- assisting elderly and disadvantaged pro bono service that they contribute sponsored career transition program, I set persons with their income tax returns. to their communities. about figuring out what my next job My experiences at Duke Law School The Duke Law reunion affirmed my would be. As part of my job search, heavily influenced my mid-career view that, ultimately, people are looking I looked into higher education, other transition. As I continued my job search, for balance and meaning in their lives. in-house corporate opportunities, I developed and refined a list of the top I believe that my Duke Law classmates political campaign policy work, and 10 factors that would allow me to lead a and I came to Duke with a core set of U.S. Department of Justice staff roles. balanced life and have a satisfying work values already in place. I am grateful to As I moved through this mid-career life. I still was targeting in-house Duke Law School for the fact that my transition, I often thought back to my corporate roles, so I was startled when classmates and I gained the tools and years at Duke Law. The classes I had I learned of a job opening in my insights to put these values into action most enjoyed were ones that prepared hometown as a legal aid attorney that through our professional lives. Our Duke me to help individuals and families with matched up closely with my “Top 10” Law education means also that when we their legal problems, especially courses job factors list. I investigated the job, need to, we have the skills to make taught by Kate Bartlett, Walter and then talked it over with family and mid-course adjustments to keep our life Dellinger, William Van Alstyne, Mel long-time friends. I value the advice that balanced and our priorities in order.d Shimm and several others. I particularly I received from friends like my Duke enjoyed the work I did during the Law apartment-mate Bill Messer ’82, Jim Hawkins ’82 and his family live in summer after my first year. The vast who spent many years in legal services Gallatin, TN, where he serves as a majority of my law school classmates work in Alabama, and my former fellow managing attorney for the Legal Aid contributed a percentage of their summer Duke residence advisor, Rev. William Society of Middle Tennessee and the law firm clerkship earnings to a student- Smart, who graduated from Duke Cumberlands. Jim also is a member of funded scholarship fund. This fund Divinity in 1983. I accepted the job offer the Duke Law Alumni Association Board provided a living subsidy that enabled and made the move back to Tennessee and participated in the School’s fifth me and five other Duke Law students in early 2002. annual Public Interest Retreat in February. to accept low-paying or non-paying Our 20-year Law School reunion last public-interest summer jobs. spring was well attended, and I got to see

48 Duke Law Magazine • Spring 2003 The research showed, however, that even though a few jurors did express Faculty News opinions prematurely, those jurors did { not appear to bias the outcome of entire juries. And in complicated or long proceedings, the ability to discuss evidence actually helped jurors keep facts straight. The cases represented a cross-section of Arizona’s civil litigation, including Duke Law Professor Leads medical malpractice suits, cases related to auto accidents and contractual disputes. “I think we are clear that in complex or One-of-a-Kind Study lengthy cases this is helpful to the jurors,” Vidmar said. of Jury Deliberations “We found no evidence that it biased the s part of a study of changes to About Jury Incompetence, Deep Pockets jurors in any Arizona’s civil procedures in the and Outrageous Damage Awards (1995), way.” 1990s, Neil Vidmar, Russell M. and World Jury Systems (2000). “Every A study of A Robinson, II Professor of Law other jurisdiction forbids jurors from the Arizona and professor of psychology, is involved discussing evidence with anyone until the reforms in a project allowing an unprecedented judge instructs them on the law.” Vidmar pub- view into the behavior of juries – a view For the project, Vidmar and Diamond lished with that speaks volumes about the communi- were allowed to videotape juror interac- several co- cation, biases and impressions of jurors tions in 50 trials from 1998 to late 2001. PROFESSOR NEIL VIDMAR authors in everywhere. In 37 of the trials the jurors were allowed 2002 showed that the changes, known as Vidmar and his co-investigator, to talk about the cases, and in 13 – used Rule 39(f), resulted in few, if any, nega- Professor Shari Diamond of the American as a control group – the jurors had to tive side effects. Any problems, they con- Bar Foundation and Northwestern Law refrain from such discussion until official cluded, could be worked out with mini- School, undertook the project at the invi- deliberation began. Researchers also were mal changes to the procedures. tation of the Pima County (Tucson) provided with tapes of the entire trials to For Vidmar, though, the findings about Arizona Court, with the approval of the reveal the context for juror discussions. Arizona’s court system are only a begin- Arizona Supreme Court. The taping of jurors is exceedingly rare, ning. He and Diamond plan to use the Vidmar and Diamond, along with 15 and such a project might never again be research for additional articles and proba- students from each law school, have undertaken, said Vidmar, noting that the bly a book about how jurors go about their spent about four years reviewing video- sanctity of the jury room is not lightly work and eventually come to conclusions. tapes of jurors and their interactions with intruded upon. The research was support- Those are areas in which most observers one another during civil trials. The study, ed by grants from the National Science are seriously misinformed, he said. soon to be the subject of an Arizona Law Foundation, the State Justice Institute and For example, stories in the media that Review article, was designed to determine the American Bar Foundation with addi- have attracted much attention have led the effects of changes to the court system tional help from Duke Law School and many people to believe that juries typi- in Arizona that allowed jurors in civil Northwestern Law School. cally side with plaintiffs in civil cases and cases to ask questions during trials, take One major goal of the research was to readily award outrageous sums to them. their own notes, and, most importantly, determine whether juror discussions Although that undeniably happens some- discuss evidence with each other during before the judge’s instructions on the law times, Vidmar said, their research shows breaks and at other times before they’ve tainted juries and made them more sym- that jurors tend to harbor substantial been instructed in the law by the judge pathetic to the plaintiff’s side, which skepticism about plaintiff claims. and before official deliberation. makes its case first. Many lawyers had Further, even though jurors are not “Those were big changes that created a feared that Arizona’s policy would lead supposed to consider a plaintiff’s own lot of controversy,” said Vidmar, who has jurors to make final decisions before insurance in cases such as personal injury, written numerous articles on criminal hearing important points to be raised by many still wonder aloud if it’s fair for a and civil juries and is author of Judging the defense, even though the jurors are plaintiff to receive payment from her the Jury (1986), Medical Malpractice and admonished to not to draw conclusions own insurance and then be paid by a the American Jury: Confronting the Myths as a part of their early conversations. defendant for the same injury. d

Spring 2003 • Duke Law Magazine 49 Faculty Focus

21st Century Opportunities and Challenges for Professional Sports

ven as they continue to play a in ways that respect the traditions and the growing internationalization of pro- dominant role in American culture, experiences of the sports.” Panelists also fessional sports. Non-American athletes professional sports face legal and will discuss the effect of cable, satellite increasingly are playing a central role in E financial challenges in the new mil- television and Internet improvements American professional sports – and fans lennium that will affect team owners, that leave fans with thousands of sport- outside the United States now have players, fans and the media. Consider ing events to choose from each week. access to those sports in the media. some recent events: two professional “The outlets are there to put every- Panelists will discuss what this interna- hockey teams declared bankruptcy this thing out there all of the time,” Haagen tionalization will mean for the world of season; Major League Baseball, which said. “The challenge is how to respond to professional sports. “These are no longer narrowly avoided a strike last season, took these new opportunities and capabilities. exclusively American activities or financial control of the fiscally failing This plethora of opportunities has led to American markets,” Haagen said. d Montreal Expos; and a lockout of declining market shares for each individ- National Basketball Association players ual event, and it is dramatically affecting For more details about the conference or still is fresh in the minds of many fans. the marketing of sports.” to register to participate, contact Meanwhile, player salaries continue to These changes and challenges all are Frances Hamacher, 919-613-7187 or spiral upward in some sports and viewers taking place against the background of [email protected]. are inundated with mind-boggling choices of media access to sporting events – most at a cost. In that context, Paul Haagen, professor of law, has arranged a conference on April 14 at the Law School that will bring together some of the nation’s leaders in sports management, finance and representation to discuss such topical issues as labor costs; revenue sharing; sports and the media; and the internationalization of professional sports. Presenters will include Tom Werner, chairman of the Boston Red Sox; Arn Tellem, president and chief executive officer of SFX Basketball Group and executive vice president of SFX Baseball Group; and Lon Babby, a partner at Williams & Connolly and the former general counsel of the Baltimore Orioles. The conference will focus on the financial and organizational challenges facing sports, Haagen said. “We will be discussing how to achieve competitive

balance and economic stability for teams PROFESSOR PAUL HAAGEN

50 Duke Law Magazine • Spring 2003 has worked on some of the nation’s best- New York. Those include speeches for known mass claim litigations, often with the Standing Committee on Federal tens of thousands of tort claims arising Rules of the Judicial Conference of the Professor from a single disaster or product liability United States; the annual meeting of the issue. As a court-appointed special master Conference of Chief Justices; the annual Recognized or neutral expert, he has developed meeting of the Association of American solutions in cases involving DDT toxic Law Schools; and presentations at the exposure in Alabama, the A.H. Robins/ University of Tennessee, DePaul for Lifetime Dalkon Shield bankruptcy, and silicon gel University, Ohio State University, breast implant litigation, and he remains Pepperdine University and other schools.d Impact in involved in asbestos litigation. In the Dalkon Shield litigation, he Mass Torts helped organize and implement the dis- tribution of the $2.4 billion trust estab- rancis E. McGovern, a Duke pro- lished to compensate 100,000 women fessor of law generally recognized who had sued the maker of the device. as the top expert in the field of “I have attempted to develop conceptual F mass torts, was presented with the approaches to resolving disputes and then Lifetime Achievement Award of the to test those concepts in the context of American College of Civil Trial actual disputes,” McGovern said. “This Mediators last October. process involves a dynamic feedback The Orlando-based College is an hon- between theory and practice in order to orary society of mediators that focuses on advance our understanding of the most resolving civil litigation. Leaders of the efficacious means of resolving disputes.” group said they could think of few schol- His students say McGovern’s deep ars or practitioners to match McGovern knowledge and skill readily translate into in his advancement of the theory and a powerful classroom experience. “He has practice of alternative dispute resolution. an amazing combination of practical and PROFESSOR FRANCIS MCGOVERN “Francis is the author and father of an academic experience,” said Collin Cox awful lot of literature and an awful lot of ’01, now an associate at Williams & pragmatic exercises in the field of negoti- Connolly based in Washington, D.C. “I have attempted to ating mass torts,” said Rodney Max, pres- “He brings that to the classroom every ident of the organization. “He never ceas- day. I took two of his classes as a third- develop conceptual es to amaze me with his energy, synergy, year student, because you just can’t find approaches to resolving and his ability to be creative and come anyone more involved with class actions up with creative solutions.” or mass tort litigation.” disputes and then to test Previous recipients of the award have McGovern said he always tries to included the Honorable Warren Knight, bring his practical experience into his les- those concepts in the founder of the Judicial Arbitration and sons. “By participating in the real-world Mediation Service, and Roger Fisher of application of dispute resolution theory, I context of actual disputes. Harvard Law School, author of Getting to can provide a richer texture to the fabric This process involves Yes, the seminal popular book on reach- of instruction for our students. At the ing consensus. same time, one of the major byproducts a dynamic feedback The award was not the first time of this interaction between theory and McGovern has been recognized for his practice is the ability to raise the profile between theory and prac- work. Among many other accolades, he of Duke Law School among other aca- is the only person ever to win both the demics and practitioners.” tice in order to advance Outstanding Practical Achievement McGovern, who came to Duke Law in our understanding of the Award and the Original Article Award in 1997, also shares his insights with lawyers, the same year (1986) from CPR (former- judges, students and scholars across the most efficacious means ly the Center for Public Resources). A country through an ambitious schedule of stream of awards has come his way since speeches and other presentations. of resolving disputes.” then for his work in alternative dispute For the early part of 2003, McGovern resolution and related fields. had planned about a dozen presentations — Francis McGovern For more than 20 years, McGovern that would carry him from Nevada to

Spring 2003 • Duke Law Magazine 51 Faculty Focus

130 participants. “Following the success of our first Global Capital Markets program, and with the encouragement of the New York Stock Exchange, we Center Hosts Second were confident that our second event would be a major success as well,” Wallenstein said. Directors’ Education Institute Scheduled headliners of the March conference included Grasso; Robert he second in a series of confer- said Stephen M. “Steve” Miller, chairman and CEO ences organized by the Duke Wallenstein, professor of Bethlehem Steel; the Honorable Global Capital Markets Center in of the practice of law, Paul S. Atkins, commissioner of the T response to corporate scandals and business and finance SEC; Sam DiPiazza, CEO of subsequent regulatory activities was and executive director PricewaterhouseCoopers; and Gerald planned for March 12–14 at Duke. of the Global Capital Levin, former CEO of AOL Time The Directors’ Education Institute, Markets Center. “The Warner. Wallenstein said more than 100 sponsored by the New York Stock PROFESSOR STEPHEN Institute’s mission is participants were expected. Topics to be Exchange (NYSE) Foundation with WALLENSTEIN to inform corporate covered included the relationship between participation by the Securities & directors and senior executives on how senior management and the board in the Exchange Commission, brings together recent regulations impact their fiduciary new regulatory environment; compensa- academic experts from Duke Law School duties and to teach them, through the use tion issues facing directors; managing risks and the Fuqua School of Business with of best practices, how to best represent and fiduciary responsibilities; the changing policymakers, corporate executives and and protect the interests of shareholders.” role and responsibility of the audit com- representatives from the legal and finan- Dick Grasso, NYSE chairman and mittee; what directors should know about cial services industries to discuss ethics, CEO, Leo C. O’Neill, president of financial reporting; and many others. corporate governance, fiduciary duties Standard & Poor’s Corp., the Honorable The event was sponsored by the NYSE and director education. Leo F. Strine Jr., vice chancellor of the Foundation; Cleary, Gottlieb, Steen & “The DEI was created in response to Delaware Court of Chancery, and then- Hamilton; Shearman & Sterling; Winston recommendations by the Securities and chairman of the SEC Harvey Pitt deliv- & Strawn; Pfizer; and Heidrick & Exchange Commission, the NYSE and ered keynote speeches at the inaugural Struggles. For more information about the Congress for director education programs three-day conference, held at Duke in Directors’ Education Institute and its at leading universities such as Duke,” October. That event attracted more than events, please visit www.DukeDEI.org. d

International Public Goods and Transfer of Technology under a Globalized Intellectual Property Regime

A LAW AND ECONOMICS CONFERENCE Duke Law School: April 4–6, 2003

Presented by the Center for the Study of the Public Domain at Duke www.law.duke.edu/trips

52 Duke Law Magazine • Spring 2003 Faculty Notes

Katharine Bartlett Publications Duke Law Faculty • U.S. Custody Law and Trends in the Context of the ALI Principles of the Law of Family Dissolution, 10 Virginia Journal of Pursue the Public Social Policy & the Law 5 (2002) Other • Vice president, North Carolina Bar Interest Near and Far Association (2002-03) • Chair, Board of Directors, Durham Apart from the clinics, classes and other programs that underlie Duke County Board of Social Services (2002-03) Law School’s efforts in the public interest, faculty members regularly take Sara Sun Beale on work for individuals, communities, governments and nations. Lectures and Addresses Some provide advice to national and international organizations such • “Who’s Liberal and Who’s Conservative on Criminal Procedure,” Fourth Annual as the American Bar Association or the United Nations. Still more take Public Law Conference, Duke Law cases – for little or no pay – to defend those without power or money. School (December 2002) Others champion animal rights or work to protect the environment. • “How the Press Reports on Crime, The list goes on and on. and Why It Matters,” Florida State University College of Law “Everybody wants to live in a better society,” said Sara Beale, Charles (October 2002) L. B. Lowndes Professor of Law. “But that society isn’t going to happen • “Current Trends in the Supreme Court: unless those with privilege and power and education make the choice to Criminal Procedure,” National work for that.” Symposium for United States Court of Appeals Judges, Washington, D.C. In addition to aiding those directly affected by their work, and often (October 2002) advancing scholarship in their field, these faculty members also set a power- Publications ful example for Duke Law students, said Dean Katharine T. Bartlett. • 2002 Supplement to      “There could be no better signal to our students about the importance (1997) (with William C. Bryson, James E. Felman, and Michael J. of the lawyer’s commitment to serve the public than the activities under- Elston) taken by their law faculty,” she said. A former legal services attorney and a Other member of several community and professionals boards – including the • Member, American Bar Association, North Carolina Bar Association and the Durham County Board of Social Criminal Justice Standards Committee (2002-present) Services, which she chairs – Bartlett spent more than five years as a • Member, Board of Directors, reporter on an American Law Institute project in the field of family law. International Society for Reform “Virtually every member of the faculty at Duke Law School engages in of Criminal Law (2001-present) service projects intended to improve the law or access to law by under- • Panel Chair, member of Program Committee, International Society for served populations,” Bartlett said. “Some of these projects relate to Reform of Criminal Law Conference, domestic U.S. law; an increasing number of activities arise in the interna- Technology and Its Effects on Criminal tional context. The variety of public interest work is astounding, and it Responsibility, Security, and Criminal helps to demonstrate to our students that there are many different Justice, Charleston, SC (December 2002) ways an attorney can contribute to the betterment of our laws and our Donald Beskind legal system.” Publications In this issue of Duke Law Magazine, the “faculty notes” section lists •     :     many of these public interest activities as well as the speeches, publica- ’    (National Institute tions and other academic pursuits of the faculty that typically are pub- for Trial Advocacy, 2002) lished in the Magazine. (with Deanne C. Siemer, Frank D. Rothschild & Anthony J. Bocchino)

Spring 2003 • Duke Law Magazine 53 Faculty Notes

• Case file: Powers v. Muller (Association International on issues of sovereign School of Law (Spring 2002) of Trial Lawyers of America, 2002) immunity, international criminal • Created, proposed and will teach Other jurisdiction and the law of the United a new course, Domestic Mediation, • Board of Directors, Roscoe Pound Nations UNC School of Law (winter and Institute (2002-05) spring 2003) Paul Carrington Francesca Bignami Lectures and Addresses George Christie Lectures and Addresses • Presentation on mandatory arbitration, • Honored on the occasion of the cele- • “Independence and the Proper Place for Roscoe Pound Conference, Duke Law bration of the 40th anniversary of the Politics in Transnational Regulation,” School (October 2002) establishment of the Academic Workshop on Regulating Transnational • Presentation on judicial elections, Council of Duke University. Professor Markets, New York University School Academy of Appellate Lawyers, Denver Christie was the chairman of the of Law (September 2002) (September 2002) committee that in 1971 produced the • “The Concept of Independence in Publications report adopted by the University’s fac- European Union Law,” Jean Monnet • Unconscionable Predispute Arbitration ulty and Board of Trustees to govern Fellows Forum, New York University Provisions in Construction Contracts, the role of the faculty of Duke School of Law (September 2002) Molds: A Mold Property and Personal University in the governance of the Injury Magazine, October 2002, at 51 University (October 2002) Michael Byers (with Paul Y. Castle) Lectures and Addresses • Selecting Pennsylvania Judges in the 21st Charles Clotfelter • “Weapons of Mass Destruction and the Century, 106 Dickinson Law Review Lectures and Addresses Right of Self-Defense,” Conference on 747 (2002) (with Adam Long) • “Segregation and Resegregation in International Law and Weapons of • The Independence and Democratic North Carolina’s Public School Mass Destruction, British Institute of Accountability of the Supreme Court of Classrooms,” paper presented at con- International and Comparative Law, Ohio: Recalling the Work of Frederick ference on “The Resegregation of London (December 2002) Grimké, 30 Capital University Law Southern Schools?”(August 2002) and • “International Law on the Use of Force: Review 455 (2002) (with Adam Long) at the meetings of the Association for What Options for the Single Other Policy Analysis and Management Superpower?” International Law • Organizer and secretary of a commit- (November 2002) Association (British Branch) Lecture tee that aided in the enactment in July • “Private Schools, Segregation, and the Series, University of Nottingham, of a North Carolina law providing for Southern States,” paper presented at England; British International Studies public finance of judicial campaigns conference on “The Resegregation of Association Annual Conference, • Helped cause a revision of federal law Southern Schools?”(August 2002) London School of Economics & to exempt automobile dealers from the Publications Political Science London; Humboldt Federal Arbitration Act • Can Faculty be Induced to Relinquish University, Berlin; University of • Along with Don Clifford (UNC) drafted Tenure? in     Göttingen, Germany (December The Fair Bargain Act, enacted in New 221-245 (Richard P. Chait ed., 2002) Mexico in 2001, and recently introduced Harvard University Press 2002) • “The Bush Doctrine of Preemptive in Illinois, Ohio, Texas, and Arkansas. Self-Defense: An Exercise in It is supported by Public Citizen and Doriane Coleman International Law-Making,” American Public Interest Research Groups and will Lectures and Addresses Bar Association Annual Conference on be considered by the Council of State • “Fixing Columbine: The Challenge to National Security Law, Arlington, VA Government. Will be introduced in American Liberalism,” Public Interest (November 2002) North Carolina this year with support of Book and Film Club, Duke Law • “Preemptive Self-Defense: Changing NCATL and NC-AARP School (November 2002) the Rules to Accommodate the • Legislative committee member, Other Exception?” Carnegie Council on NCATL and NC-AARP • Facilitator, Group Discussion on Youth Ethics and International Affairs, New • Member, Law Science and Technology and Violence, Conference on Youth, York City (November 2002) Panel, National Academy of Science Voice and Power, University of Arizona Publications School of Law (October 2002) • Abuse of Rights: An Old Principle, A Denise Chapin • Presentation, International Legal and New Age, 47 McGill Law Journal 389 • Took office as president, North Policy Implications of the Human (2001-2002) Carolina Association of Professional Genome Project, Duke Law School in Other Family Mediators (2003) Geneva, Switzerland (July 2002) • Provides pro bono advice to the • Developed and taught series of three International Secretariat of Amnesty “Bar Success” workshops at UNC

54 Duke Law Magazine • Spring 2003 James Coleman Lauren Dame   69-85 (Michael Chiorazzi • Chair, Death Penalty Moratorium Lectures and Addresses and Gordon Russell eds., 2002) Implementation Project, American Bar • “Genetic Privacy & the Language of Other Association the Law,” Conference on Religion & • Member, Board of Directors, • Leader, ABA working group addressing Genetics in Popular Culture, Duke International Association of Law affirmative action in the legal profes- University (November 2002) Libraries sion and higher education • “Ethical, Legal, Religious & Cultural • Member, Executive Committee, • Member, NC Actual Innocence Issues Involving the New Genetic Association of American Law Schools Commission Technology,” Genetics Interdisciplinary Faculty Training (GIFT) Program, Deborah DeMott James Cox Duke University (July 2002) Lectures and Addresses Lectures and Addresses • “Cloning & the Law,” Center for • “Statutory Ingredients in Common- • Spoke at Federal Bureau of Investigation Genome Ethics, Law & Policy’s Law Change: Issues in the Development Economic Crimes Conference, Los Summer Institute 2002: Cloning & of Agency Doctrine,” Commercial Angeles (December 2002) Beyond: Scientific, Ethical and Policy Law and Commercial Practice • “Death of the Securities Regulator: Issues Raised by Advances in Human Workshop, London School of Globalization,” Conference on Genomics (July 2002) Economics and Political Science International Regulatory Competition, Publications (November 2002). Also presented at Tilborg, Netherlands (September • A National Survey of Provisions in faculty workshops at University of 2002). Also presented paper at the Clinical-Trial Agreements Between Bristol School of Law and University University of Iowa School of Law Medical Schools and Industry Sponsors, of Arkansas, Leflar Law Center, Faculty Workshop (November 2002) 347 New England Journal of Medicine (November 2002) • “Improving the Independent Directors’ 1335 (October 2002) (with others) • “Patterns in Corporate Scandal and Ability to Monitor Self Dealing • Blood Money: Ethical and Legal Reform,” Centre on Corporate and Transactions,” Conference on Implications of Treating Cord Blood as Commerical Law, University of Corporate Law after Enron, Villanova Property, 23 Journal of Pediatric Cambridge Faculty of Law (November Law School (October 2002) Oncology 409 (October 2001) (with 2002). Also presented as part of “Public Publications Jeremy Sugarman) Law for Public Lawyers,” 11th Annual •  (2d ed., forthcoming Other Institute for Public Lawyers, Raleigh 2003) • Chairperson, North Carolina Task NC (September 2002) Other Force on Genomics and Public Health, • “Common Law Perspectives on • Assembled materials for and taught a NC Department of Health and Conflicts of Interest,” presented as part new class at Fuqua Graduate School of Human Services (2002-03) of American Bar Association Banking Business, “The Legal Environment of • Member, Expert Advisory Panel for Law Committee Forum, “After Enron: Investment Banking” Accessible Genetics Research Ethics How Many Roles Can Banks Play?” • Appeared on CBS, CNN, MSNBC, Education (AGREE), Duke University ABA Annual Meeting (August 2002) ABC, PBS and NPR news in connec- Medical Center (2002-03) Publications tion with corporate governance and • Member, Medical Humanities, • Fluid Relationships in Transitional securities regulatory issues Bioethics, and the Law Subcommittee, Times: A Comment on Employees and • Member, National Association of Duke School of Medicine Curriculum Corporate Governance, 22 Comparative Securities Dealers (NASD) Legal Committee (2002-2003) Labor Law & Policy Journal 149 Advisory Board (2000, published 2002) • Member, consultative group for the Richard Danner • 2002 Supplement and Revised Chapter American Law Institute Restatement Lectures and Addresses 1 to    (Third) of Agency project • “Contemporary and Future Directions (1987) • Founding director, Securities in American Legal Research,” 21st •  ()   Regulation section of the Association of Annual Course on International Law (Preliminary Draft No. 6, 2002) American Law Schools Librarianship, Yale University (Reporter) (October 2002) •  ()   Publications (Council Draft No. 4, 2002) (Reporter) • Strategic Planning for Distance Learning in Legal Education: Initial Thoughts on a Role for Libraries, Legal Reference Services Quarterly, 2/3, 2002, at 69-85, reprinted in      

Spring 2003 • Duke Law Magazine 55 Faculty Notes

Diane Dimond Clark Havighurst Donald Horowitz • Prepared and presented day-long Lectures and Addresses Lectures and Addresses continuing legal education course • “The U.S. Experience in Applying • “The Primordialists,” conference on for government attorneys, Advanced Competition Law to Health Care,” Ethnonationalism in the Contemporary Writing Skills for Attorneys, U.S. Irish Competition Authority World, Middlebury College (October Department of Justice, Washington, Conference, “Competition in Medical 2002) D.C. (October 2002) Markets – Prospects for Ireland,” • “Lethal Communal Riots,” United Dublin (November 2002) States Institute of Peace, Washington, Martin Golding Publications D.C. (October 2002) Lectures and Addresses • 2002-03     Publications • “The Legal Analog of the Principle of   : , , • Domesticating Foreign Ideas in the Bivalence,” European Conference on   (1998) (with Adoption of New Institutions: Evidence Analytical Philosophy, Lund, Sweden Blumstein and Brennan) from Fiji and Indonesia, in  (June 2002) • Special Editor, Symposium: Is the   197 (John • Delivered four lectures at the Faculty Health Care Revolution Finished? 65 Montgomery & Nathan Glazer eds., of Law, University of Bologna, Italy Law & Contemporary Problems Transaction Publishers, 2002) (March 2002) (Autumn 2002) • The Primordialists, in - Other • Is the Health Care Revolution Finished?     : • Participant, Conference on Equity in A Foreword, 65 Law & Contemporary       Jewish Law, Harvard Law School (May Problems 1-9 (Autumn 2002)  (Daniele Conversi ed., 2002) • How the Health Care Revolution Fell Routledge, 2002) Short, 65 Law & Contemporary • Eating Leftovers: Making Peace from Paul Haagen Problems 55-101(Autumn 2002) Scraps off the Negotiating Table, in Lectures and Addresses Other    293-309 • “Reform of Intercollegiate Athletics,” • Oral Argument for appellant, Viazis v. (Günther Baechler & Andreas Wengers Jacksonville, FL (September 2002) American Association of Orthodontists, eds., 2002) • “The Future of Intercollegiate Athletics,” U.S. Court of Appeals, Fifth Circuit Other National Association of College and (September 2002) • Member, International Editorial University Attorneys Conference, Board, Journal on Ethnopolitics and Boston (June 2002) Cynthia Herrup Minority Issues in Europe • “Internationalization and U.S. Law,” Lectures and Addresses • Board member, Project on Ethnic Johannes Kepler University, Faculty of • “The Mercy of the People,” North Relations, which works on ameliorat- Law, Linz, Austria (June 2002) American Conference on British ing conflicts in Eastern Europe Other Studies (November 2001) • Board member, Center for Development • Associate Vice Chair, Executive Publications Studies, University of Bonn (Germany) Committee, Duke University Academic • Negotiating Grace, in , • Working on two projects concerning a Council (2002-03)   :   future constitution for Afghanistan, • Member, Academic Priorities Committee   124-40 (Cambridge one on governmental institutions, the of Duke University (2002-03) University Press, 2002) other on the role of Islam • Member, Duke University Trustees Other • Working with Democratic Dialogue, Committee on Academic Priorities • Co-convenor, John Hope Franklin an organization in Northern Ireland (2002-03) Seminar, John Hope Franklin Institute focusing on reform of the Good Friday • Chair, Duke University Student Athlete for International and Interdisciplinary Agreement Advisory Committee (2002-03) Studies, 2001-02 • Expert witness in arbitration of • Associate Chair, Department of History Judith Horowitz International Association of Athletics • Visiting Professor, Birkbeck College, Lectures and Addresses Federations v. USA Track & Field, University of London • “Graduate Legal Education in the Court of Arbitration for Sport, • Associate Editor,    U.S.,” Fulbright Office, Lausanne, Switzerland   U.S./Malaysian Commission on International Education, Kuala Lumpur (June 2002) Other • Member, Graduate Legal Education Committee, American Bar Association, Section of Legal Education and

56 Duke Law Magazine • Spring 2003 Admissions to the Bar • “Inadvertent Investment Companies,” (October 2002) • Member, Selection Panel, Edmund S. Investment Management Regulation, • “Class Action Procedures in Deceptive Muskie Fellowship Program in Law ALI-ABA Course of Study, Trade Practices Litigation,” Manhattan for students from the former Soviet Washington, D.C. (October 2002) Institute and Lawyers for Public Union, Open Society Institute, Soros • “The Democratization of Hedge Funds Justice (October 2002) Foundation and Other Private Equity Investment • “Federal/State Cooperation,” Corporate • Member, Special Committee on Vehicles,” Committees on Council Committee, National Center Undocumented and Out of Status Developments in Investment Services for State Courts, Washington, D.C. Aliens Issues, Provost’s Office, Duke and Venture Capital and Private (October 2002) University Equity, ABA Annual Meeting, • “Federal/State Cooperation,” Los Washington, D.C. (August 2002) Angeles Superior Courts, (October Edward Kaufman Publications 2002) Publications • The Definition Of Investment • “September 11 Compensation System,” • A Broadcasting Strategy to Win the Company: A Riddle Wrapped In A Alternative Systems Design Class, Media Wars, 25 The Washington Mystery Within An Enigma, 10 Stanford Law School (October 2002) Quarterly 115 (Spring 2002) Investment Lawyer (January 2003) • “The Dynamics of an Asbestos • China Should Lower the Broadcast (with Matthew A. Chambers) Bankruptcy,” American Law Institute Screen, The Washington Times, • Section 402 of the Sarbanes-Oxley Act: – American Bar Association, Chicago, October 26, 2002, at A12 The Devil was the Draftsman, 6 Wall IL (September 2002) Other Street Lawyer 1 (October 2002) (with • “What Dispute System Design Can • Testified before the Congressional- Thomas W. White and Mark S. Teach Arbitrators about Managing Executive Commission on China Shelton) Complex & Multi-Party Processes,” (April 2002) Other The Future of Commercial • Chair, Committee on Banking Law of Arbitration, CityBar Center for David Lange the Business Law Section of the Continuing Legal Education, The Lectures and Addresses American Bar Association, 2002-05 Association of the Bar of the City of • “Recognizing the Public Domain,” • Member, Task Force on the New York (October 2002) seminar on classic works in the law of Gatekeeper Regulation and the • “Toward Federal Preeminence Without Intellectual Property, Boston Profession, American Bar Association Preemption in Mass Tort Litigation,” University (January 2003) • Member, Editorial Advisory Board for Schwartz Lecture, Ohio State • Participant, symposium on New York Volume 58 of The Business Lawyer, University (September 2002) Times v. Tasini, Case Western Reserve Section of Business Law, American Bar Publications University School of Law (October Association, 2002-03 • Multiparty Disputes: Managing Variables 2002) Key to Successful Arbitration, 9 Dispute Publications Carolyn McAllaster Resolution Magazine 3-4 (Fall 2002) •     - • Member, North Carolina AIDS • The Tragedy of the Asbestos Commons,   (2d ed., West 2002) Advisory Council 88 Virginia Law Review 1721 (2002) (with Mary LaFrance and Gary Myers) • Member, Duke Infectious Diseases Other Clinic Community Advisory Board • Recipient, Lifetime Achievement Martin Lybecker Award, American College of Civil Trial Lectures and Addresses Francis McGovern Mediators (October 2002) • Speaker, New Securities, Mutual Fund Lectures and Addresses • Advisor, Working Group on Mass and Trust Activities after Gramm- • “Closure in Mass Tort Cases: Litigation Torts, Judicial Conference of the Leach-Bliley Act of 1999, Investment or Negotiation?” American United States Advisers Regulation, ALI-ABA Course Bankruptcy Institute, Tucson, AZ • Advisor, Federal-State Cooperation of Study, Washington, D.C. (January (December 2002) Task Force of the Conference of Chief 2003) • “Federal/State Coordination,” Justices • Participant, Roundtable on Investment American Bar Association, Parsippany, • Member, Standing Rules Committee, Company Regulation, Oral Histories NJ (November 2002) Administrative Offices of U.S. Courts, Program, Securities and Exchange • “Strategic Mediation,” American Washington, D.C. Commission Historical Society, College of Civil Trial Mediators, • Board member, Celotex Asbestos Washington, D.C. (December 2002) Asheville, NC (October 2002) Settlement Trust • “When to Register as an Investment • “Dispute System Design of Arbitration • Board member, Averett University, Adviser,” Family Office Exchange Fall in Multi-Party Disputes,” Association Danville, VA Forum, Chicago (October 2002) of the Bar of the City of New York

Spring 2003 • Duke Law Magazine 57 Faculty Notes

Thomas Metzloff • Provided training on the law of geno- Publications • Member, North Carolina Ethics cide, war crimes and crimes against • Cross-Agreement Complaints Before the Committee humanity to Yugoslav judges, prosecu- Appellate Body: A Case Study of the EC • Member, Dispute Resolution tors, and defense attorneys, - Asbestos Dispute, 1 World Trade Committee, NC Supreme Court Humanitarian Law Center, Belgrade, Review 63-87 (2002) and the International Bar Association • The Use of Experts in WTO Dispute Ralf Michaels Settlement, 51 International & Lectures and Addresses Robert Mosteller Comparative Law Quarterly 325-64 • “The Globalization of U.S. Jurisdiction,” Lectures and Addresses (2002) German-American Lawyers’ • “Developments in the Victims’ Rights Other Association, Augsburg University, Amendment,” University of Oregon • Advises the Southern African Augsburg, Germany (December 2002) Law School (November 2002) Development Community, an inter- • “Globalizing Jurisdiction,” Europa • “New Dimensions of Sentencing governmental organization consisting Institute Lustrum Seminar on Reform in the Twenty-First Century,” of 14 countries in Southern Africa Globalisation and Jurisdiction, Leiden, University of Oregon Law School Netherlands (December 2002) (October 2002) Jeff Powell • “Common Core?” Conference on Publications Publications Epistemology and Methodology of • Victim Impact Evidence: Hard to Find •     :  Comparative Law in the Light of the Real Rules, 88 Cornell Law Review     - European Integration, Katholieke 543 (2003)  (Univ. of Chicago Press 2002) Universiteit, Brussels, Belgium Other • Featured guest, symposium on (October 2002) • Wayne Morse Chair of Law and  ’   • “Convergence in Civil Justice and Politics at University of Oregon Law  , a book he published Dispute Resolution? The Example of School (Fall 2002) in 2002, Georgia State University Antisuit Injunctions,” Symposium, Law • President, Center for Death Penalty College of Law (January 2002) and Justice in a Multistate World, in Litigation, Durham, NC Other honor of Arthur von Mehren’s 80th • Recipient, Duke University birthday, Harvard Law School Joost Pauwelyn Scholar/Teacher of the Year Award (September 2002) Lectures and addresses (October 2002) Publications • “The Role of Public International Law • Gerichtsverfassung und in the WTO,” Institute for International William Reppy Verfahrensstrukturen in föderalen and European Environmental Policy, • Member, North Carolina General Gemeinwesen, 66   Berlin (December 2002) Statutes Commission, which proposes    - • The Role of Science and Scientific new state statutes and amendments to   357 (2002) Experts in the Settlement of Trade statutes to the state’s general assembly • Three Paradigms of Legal Unification - Disputes, Duke Center for Environ- • Vice president, Justice for Animals, National, International, Transnational, mental Solutions (December 2002) overseeing litigation aimed at improv- in      • “The Limits of Litigation: ing the lot of animals  333 (2002) Americanization and Negotiation in the • Member, legislation committee of the Settlement of WTO Disputes,” Ohio NC Task Force to Abolish Animal Madeline Morris State University (November 2002) Fighting • Advisor to the prosecutor, Special • “Proposals for Reforms of Article 21 • Teaches a continuing legal education Court for Sierra Leone of the DSU: Compliance Procedures,” course at UNC Law on animal law • Provides consultation to the U.S. State World Trade Organization, Negotiators Department, Office of War Crimes Meet Academics, European University Thomas Rowe Issues, on international criminal juris- Institute, Florence (September 2002) • Consultant, U.S. Judicial Conference’s diction • “What Obligations Are Created by Advisory Committee on Civil Rules • Member, Advisory Board, American WTO Dispute Settlement Reports?” for style revision of Federal Rules of Bar Association, Central and East World Trade Forum, World Trade Civil Procedure European Law Initiative Institute, Bern, Switzerland (August 2002)

58 Duke Law Magazine • Spring 2003 Richard Schmalbeck Steven Schwarcz • “Military Commissions,” USAF Air • Chair, ad-hoc committee for the five- Lectures and Addresses Mobility Command Legal Conference, year review of the provost, Duke • Keynote address at Moody’s Scott AFB, Illinois (October 2002) University Corporation’s annual global manage- • “International Law and the War • Provides advice on tax reform to the ment offsite (November 2002) Against Terrorism,” North Carolina Russian Ministry of Finance and • John Olin Law & Economics Bar Association’s Senior Lawyers recently analyzed options available to Workshop, The University of Chicago Division, Beaufort, NC (October 2002) reform the Russian inheritance tax Law School (October 2002) • “Coping with Terrorism,” Durham • Works with Durham Meals on Wheels • Faculty Workshop, University of North Retired Officers Association program along with Professors Sara Carolina at Chapel Hill (September (September 2002) Beale and Chris Schroeder as well as 2002) • “Dealing with al-Qaeda,” East Chapel Theresa Newman, associate dean for • Faculty Workshop, University of Illinois Hill Rotary Club (September 2002) academic affairs College of Law (September 2002) • “International Law and the Use of Publications Force,” Duke Law School Inn of Christopher Schroeder • Global Decentralization and the Court (September 2002) Lectures and Addresses Subnational Debt Problem, 51 Duke • September 11th Commemorative • Convened 4th Annual Public Law Law Journal 1179 (2002) Forum, Duke University, Terry Conference, “The Constitution and • Restructuring Subnational Debt, 23 Sanford Institute of Public Policy Other Legal Systems: Are There Municipal Finance Journal 1 (Fall 2002) (September 2002) Progressive and Conservative Other • September 11th Commemorative Versions?” (December 2002) • Provided expert testimony to the U.S. Forum, Duke Law School (September • Supreme Court Preview, UNC Law Securities and Exchange Commission 2002) School (September 2002) at its hearing on credit rating agencies • “International Law and the Use of • Moderator, September 11 Panel (November 2002) Force,” Durham Rotary Club Discussion, Duke Law School • Advises various governmental and (September 2002) (September 2002) quasi-governmental entities, including • “The Law of Armed Conflict,” JFK • Witness, Senate Judiciary Committee, the United Nations Commission on Special Warfare Center, Fort Bragg, “Importance of Balance on the D.C. International Trade Law on interna- NC (August 2002) Circuit for Environmental Policy” tional receivables financing and Publications (September 2002) international insolvency; the U.S. • The Iraqi Quagmire: From Desert Storm Publications Department of State on private inter- to Enforcing the No-Fly Zone, 36 New • Foreword: The Law of Politics, 65 Law national commercial law; and the U.S. England Law Review 767-73 (2002) & Contemporary Problems 1-6 Securities and Exchange Commission Other (Summer 2002) on rating agencies. • Continues as a member of the ABA’s • Deliberative Democracy’s Attempt to Standing Committee on Law and Turn Politics into Law, 65 Law & Kenneth Sibley National Security Contemporary Problems 95-132 • Listed among the “Legal Elite” in • Continues as a member of the Judge (Summer 2002) Business North Carolina (January 2003) Advocates Association, a national Other • Grant Reviewer, NIH Center for organization of active duty, resource • Appointed to National Academy of Scientific Review Study Section on the and retired judge advocates from all Sciences panel on the Use of Human Ethical, Legal and Social Implications of the services Subjects Data Obtained for Non- Genetics (November 2002) • Frequent commentator on CNN, Therapeutic Purposes National Public Radio, other national • Representing Clean Air Trust in New Scott Silliman television and radio news programs Source Review rulemaking and litigation Lectures and Addresses and in the print media on issues • Member, board of directors, Center for • “International Law and the War on involving military law and national Progressive Regulation, a non-profit Terrorism,” UNC undergraduate security organization devoted to environmental course on Peace, War and Defense, • Chaired a panel on “International health and safety improvements Chapel Hill, NC (November 2002) Humanitarian Law and the Threat of • “National Security Law and Policy in Weapons of Mass Destruction: Do the the War Against Terrorism,” Duke Same Rules Apply?” conference on undergraduate course on National International Law and Weapons of Security, Terry Sanford Institute of Mass Destruction, sponsored by Duke Public Policy (October 2002) Law School’s Center on Law, Ethics and National Security and the British

Spring 2003 • Duke Law Magazine 59 Faculty Notes

Institute of International and ing suspension of a tenured faculty Jonathan Wiener Comparative Law, London (December member at the University of South Lectures and Addresses 2002) Florida • “Judicial Review of Risk Science in the • Chaired a panel on “The Use of Force U.S. and Europe: The Case of Against Rogue States: Constitutional Neil Vidmar Antibiotics in Animal Feed,” Annual and International Law” at the ABA Lectures and Addresses Meeting of the Society for Risk Standing Committee on Law and • Presentation on Medical Malpractice Analysis, New Orleans, LA (December National Security Conference, and the Tort System, (Florida) 2002) National Security Law in a Changing Governor’s Select Task Force on • “International Experience with World: The Twelfth Annual Review of Healthcare Professional Liability Competing Regulatory Approaches,” the Field, Washington, D.C. Insurance, University of Miami session on Leaded Gasoline, Resources (November 2002) Medical Center (November 2002) for the Future, Washington, D.C. • Organizer of a program on military • “Tort Reform and the Medical (December 2002) commissions, sponsored by the ABA’s Malpractice Crisis in Mississippi: • Conference co-organizer, “Dealing Standing Committee on Law and Diagnosing the Disease and with Disasters: Prediction, Prevention National Security, at the ABA Annual Prescribing a Remedy,” Symposium on and Response,” The Second Annual Meeting in Washington, D.C. (August Tort Reform, Mississippi College of Duke Environmental Leadership 2002) Law (November 2002) Forum (November 2002) Publications • “The Malaria-DDT Dilemma: Science, Laura Underkuffler • Legal Perceptions of Science and Expert Policy and Law,” Duke University Lectures and Addresses Knowledge, 8 Psychology, Public Policy (November 2002) • “Visions of Property in Takings Cases: & Law 139 (2002) (with Joseph • Speaker and conference co-organizer, A Question of Justice,” Public Law Sanders and Shari Diamond) “Comparing Precaution in the U.S. Conference, Duke University • The Bronx “Bronx Jury”: A Profile of and Europe,” Transatlantic Dialogue (December 2002) Civil Jury Awards in New York on the Reality of Precaution: • “The Political and Social Idea of Counties, 80 Texas Law Review 1889- Comparing Approaches to Risk and Property,” one-hour live interview and 98 (2002) (with Mary R. Rose) Regulation, organized by the Duke discussion on the Odyssey Program, • Listening to Jurors and Asking Them Center for Environmental Solutions, Chicago Public Radio (December Questions, Trial Briefs, August 2002, at 9 the European Commission, and the 2002) • Brief Amici Curiae of Certain Leading German Marshall Fund, Airlie House, • “The Meaning of Property,” Faculty Social Scientists and Scholars in Warrenton, VA (June 2002) Workshop Series, Chicago-Kent Support of Respondents in State Farm Publications College of Law, Chicago Mutual Automobile Company v. •   : (October 2002) Campbell, Supreme Court of the   (American Enterprise • “Moral Rights, Judicial Review, and United States, No. 01-1289 (October Institute Press, 2003) (with Richard B. Democracy: A Reponse to Horacio 2002) (drafter with Eisenberg) Stewart) Spector,” workshop in law and • Comparing Precaution in the United philosophy, UNC at Chapel Hill Stephen Wallenstein States and Europe, 5 Journal of Risk (October 2002) Lectures and Addresses Research 317 (2002) (with Michael D. Publications • Program Director, Opening and Rogers) •       Closing Address, “Duke Directors’ • Reconstructing Climate Policy: The Paths   (Oxford Press 2003) Education Institute,” with the New Ahead, in    York Stock Exchange, Duke University  (Carlo Carraro ed., William Van Alstyne (October 2002) Edward Elgar, 2002) (with Richard B. Lectures and Addresses Publications Stewart) • Participating on panels celebrating the • International Securitization and Other bicentennial of Marbury v. Madison at Structured Finance, Duke Journal of • Co-organizer, Transatlantic Dialogues the University of Michigan Law Comparative and International Law, on Precaution, a series of meetings School, the University of Minnesota Vol. 12, No. 2, 2002 held just outside Brussels as well as Law School, and the University of Other Washington, D.C., Berlin, and at Tennessee Law School • Board member, Americas Committee, Duke, to improve mutual understand- Other Financial Times Stock Exchange ing of U.S. and European regulation of • Completed an investigative report for • Member, New York Stock Exchange health and environmental risks the American Association of University Working Group on Shareholder Voting Professors (AAUP) reviewing the ongo- and Proxy Solicitation

60 Duke Law Magazine • Spring 2003 1953 Alumni News 1958 1963 1968 Reunion 1973 2003 1978 Promises Learning, 1983 Food and Family Fun Duke Law is happy to welcome back members of the classes of 1953, 1958, 1963, 1968, 1973, 1978, 1983, 1988, 1993 and 1998 along with family, friends, and faculty for Reunion 2003, which runs from April 11-13. Events include receptions, seminars, and the unveiling of a portrait of former Dean Pamela Gann ’73, who left Duke Law in 1988 1999 to become president of Claremont McKenna College. Participants also will have an opportunity to attend the Duke University Gala on April 12, which will include fireworks, dancing 1993 and live music for more than 1,000 Duke alumni. For more reunion details visit: http://reunion2003.law.duke.edu/ 1998 or call 1-888-LAW-ALUM.

Spring 2003 • Duke Law Magazine 61 Alumni News

Reunion Schedule Friday, April 11, 2003 Noon to 5 p.m., Registration 3rd Floor Loggia, Duke Law School 3:30 p.m. to 3:45 p.m., Service of Thanksgiving and Remembrance Duke Chapel, West Campus 2003 duke law in geneva 5 p.m. to 7 p.m., Barrister Donor Society Reception (Annual Fund giving at or above the Barrister level) • International Meeting of the Greystone Mansion, Durham Board of Visitors 6:30 p.m. to 10 p.m., Law Alumni Gala Reception Ambassador Ballroom, Washington Duke Inn • International Alumni Reunion Saturday, April 12, 2003 • Summer Institute in 8 a.m. to 9 a.m., Continental Breakfast Transnational Law 3rd Floor Loggia, Duke Law School 8 a.m. to 9 a.m., Breakfast Celebrating the Class of 1953 and Welcoming Members and Friends of the Half Century Club Burdman Faculty Lounge, Duke Law School Thursday, July 17 9 a.m. to 12:30 p.m., Admissions and Career Services to Sunday, July 20, 2003 Open House, Duke Law School Mandarin Oriental Hotel 9:15 a.m. to 10:30 a.m., Planned Giving Seminar du Rhône, Geneva Phillip Buchanan, director of planned giving for Duke University Burdman Faculty Lounge, Duke Law School 9:30 a.m. to 10:30 a.m., Sports Law Seminar with Professor Paul Haagen For further information: Room 3043, Duke Law School Ms. Lisa Wechsler 9:30 a.m. to 10:30 a.m., Financial Issues Seminar with Professor Jim Cox Telephone: 919.613.7280 Room 3037, Duke Law School Email: [email protected] 10:30 a.m. to noon, Presentation of Alumni Awards and Unveiling of Portrait of Former Dean Pamela Gann ’73 Law Library 11:00 a.m. to 12:30 p.m., Annual State of the University Presentation by Duke University President Nan Keohane Page Auditorium, West Campus 12:30 p.m. to 2 p.m., Alumni Picnic and Barbeque Food, music and family fun Law School Lawn 1:00 p.m. to 2:30 p.m., Golf at the Washington Duke Inn Duke Golf Course, West Campus 1:30 p.m. to 2:30 p.m., Primate Center Tours Primate Center, Duke Forest 2 p.m. to 3 p.m., Alumni and Faculty Author Book Signing Law Library 6 p.m. to 9:30 p.m., Class Dinners, Multiple Venues 10 p.m. to midnight, University Gala Fireworks display, live music and dancing Gala Tent, West Campus Sunday, April 13, 2003 9 a.m. to 10 a.m., Chapel Service for Alumni West Campus 10 a.m. to noon, Champagne Breakfast Sarah P. Duke Gardens, West Campus

62 Duke Law Magazine • Spring 2003 Alumni Notes

1938 1968 1977 Charles H. Young is being honored by Lynn E. Wagner, president of Litigation Paul George is the director of the the North Carolina Bar Association Alternatives, Inc. in Winter Park, FL, Biddle Law Library at the University Foundation with the establishment of the gave a speech at the Personnel Law of Pennsylvania Law School. Charles H. Young Justice Fund. A Justice Update 2002, Council on Education in Fund is a named endowment that honors Management entitled “Holding Down 1978 those North Carolina lawyers, past and Litigation Costs: A Fresh Look at The son of Susan Brooks and the late present, whose careers have demonstrated Arbitrating Employment Disputes in Michael R. Johnson, Patrick Brooks Johnson dedication to the pursuit of justice and Light of Recent U.S. Supreme Court T’05, is playing with the Duke men’s outstanding service to the profession and Cases.” basketball team as a sophomore walk-on. the public. At 6'9", 225 lbs., he is playing as a 1969 forward this season. Susan married Tom 1955 Edward Leydon ran the Wine Glass Daniel in 1995. David C. Goodon, a commercial litigator Marathon in Corning, NY in October who is of counsel in the Miami office 2002. He is director of international law David Kohler has been of Akerman Senterfitt, was listed for the at Schering-Plough Corporation and appointed director of 20th consecutive year in The Best Lawyers co-chairman of the International Law Southwestern University in America. He is one of only 1,880 Committee of the New Jersey Corporate School of Law’s National lawyers to be listed in every edition since Counsel Association. Entertainment and the first issue of the publication in 1983. Media Law Institute and 1973 professor of law. He will 1956 Eleanor Kinney published her book coordinate the Institute’s curricular and Carlyle C. Ring, Jr. has been recognized for Protecting American Health Care extracurricular offerings, services and his work in cyber law in the latest edition Consumers with Duke University Press activities; establish and maintain relation- of The Best Lawyers in America. He works in Spring 2002. She also edited a book, ships with law firms and the entertain- in the Washington, D.C. office of Ober, Medicare Coverage Decision-Making and ment industry; and promote research in Kaler, Grimes & Shriver. Appeals, for ABA Publishing, published selected areas. He also will teach a First in August 2002. She is co-director of the Amendment seminar and establish new 1963 Center for Law and Health at Indiana courses in related areas. Michael R. Walsh, of University School of Law-Indianapolis. Orlando, FL, was elected 1979 a fellow of the Royal 1974 Janis C. Gordon was appointed to a state Academy of Matrimonial Ira Sandron has become an administrative judgeship in DeKalb County, GA. Lawyers. He is the first law judge for the National Labor lawyer in the state of Relations Board, his first employer after 1980 Florida to be elected to graduating from Law School. He will be John H. (Jack) Hickey spoke the Royal Academy. The announcement working out of his home in suburban at the 2002 annual was made in London in July, 2002. Evansville, IN. convention of the Association of Trial 1965 1975 Lawyers of America William Curtis retired after practicing in Howard Klein has started a new law firm in (ATLA) in Atlanta, on Orange County, CA since 1971. He was Irvine, CA – Klein, O’Neill & Singh LLP, maritime law and the married to Rhobie Reed-Curtis in 1993 practicing exclusively in IP transactional “Evolving Standards of Negligence under and is spending time working on invest- matters, both U.S. and international. the Jones Act.” He is a sustaining mem- ments and enjoying their seven grand- ber of ATLA and is president-elect of the children. William Trull closed his law practice at the Dade County Bar Association. end of 2000. His son, Jay, was born May 6, 2000. Bill bought Cumbie Institute of 1981 Real Estate and serves as director and pri- Tim Corrigan was recently administered the mary instructor for real estate licensing oath of office of United States District and continuing education classes. He is Judge for the Middle District of Florida. also the co-owner of Course Doctors, Inc., a golf course construction and reno- vation firm in Flat Rock, NC.

Spring 2003 • Duke Law Magazine 63 Alumni Notes

James Fieber and his brothers, William and Frank “Tom” Read ’63 Robert, have donated 250 acres of land to two Connecticut towns so it can be pre- ALUM STEPS DOWN AS DEAN OF served as open space. The brothers run a family-owned real estate development SOUTH TEXAS COLLEGE OF LAW company, The Fieber Group, located in New Canaan, CT. One tract is located rank “Tom” Read ’63 will step down as president and dean of along the Connecticut River and is home to the only nesting pair of bald eagles in South Texas College of Law, after eight years in this position, and a the state. The Fieber Group is consistently Fcareer that has included deanships at five different law schools over ranked in the top 400 builders in the a period of three decades. country by Professional Builder magazine. Read was associate dean at Duke Law from 1965–68, and credits 1984 former dean and University chancellor, the late A. Kenneth Pye, and former Michael F. Burke has joined the Boston dean Hodge O’Neal with much of the wisdom on which his career success law firm of Nutter McClennen & Fish as a partner in the real estate and finance was built. After his service at Duke, he was dean for six years at the practice. University of Tulsa School of Law; two years as dean at Indiana University – Jeffrey Drew Butt Indianapolis; seven years as dean at the University of Florida Law School; has joined the Tampa, FL office of Squire, Sanders & Dempsey as a and six years as dean at Hastings Law School. Including his time at Duke partner in the real estate practice. and South Texas, that’s more than three decades of dean experience. 1985 “There are good reasons why so many schools have sought Tom as a Lauren W. Anderson dean, reasons that have to do with his credibility as a teacher and scholar, has joined the law firm of his administrative genius, his extraordinary decency, and his Midas touch,” Baker, Donelson, said Duke Law’s Dean Katharine Bartlett. Her remarks came at a Bearman & Caldwell in Memphis, TN. reception the Law School hosted to honor Read in January during the Association of American Law Schools (AALS) annual conference in Washington, D.C. “The respect in which he is held by alumni, students, 1987 his faculty colleagues and his fellow deans is truly inspiring.” Julie O’Brien Petrini was recently named More than 50 Duke Law faculty, staff and alumni attended the reception general counsel, vice-president and offered their best wishes to Dean Read. Attendees included Dale and secretary for Polaroid, Inc. in Cambridge, MA. Whitman ’66 of the University of Missouri School of Law, who is just concluding his term as president of the AALS, and Gerald Wetherington Steven Schwartz and his wife, Laurie, ’63, one of Read’s Law School classmates. Read is expected to take a announce the birth of their daughter, Samantha Nicole Schwartz, on Oct. 16, one-year sabbatical and then return to teach at South Texas. 2002. She joins her brother, Joshua, and her sister, Melanie. 1988 Emily Karr and Townsend Hyatt ’89 announce the birth of their second son, Philip Moses Johnson Hyatt, on May 10, 2002. He joins his older brother, Pearce. 1989 J. Stephen and Kathleen Barge announce the birth of their third child and first daughter, Genevieve “Genna” Kathleen Barge on

FROM LEFT, DEBBIE KIRK, FIANCÉ OF DUKE LAW BOARD OF VISITORS CHAIR PETER KAHN ‘76, KAHN, Nov. 10, 2002. Steve is a tax partner with DEAN BARTLETT, FRANK “TOM” READ ’63, PROFESSOR DEBORAH DEMOTT Kirkpatrick & Lockhart’s Pittsburgh

64 Duke Law Magazine • Spring 2003 office and was listed in Best Lawyers in Brad Furber joined the Seattle office 1992 America. Kathleen is an associate broker with of Holland & Knight LLP as a capital Sean Moylan and his wife, Cara, announce Howard Hanna in Sewickley, PA. partner in June 2002 after the merger of the birth of their third child and second Van Valkenberg Furber Law Group and son, Eamon Joseph, on July 15, 2002. Townsend Hyatt and Emily Karr ’88 Holland & Knight. Van Valkenberg announce the birth of their second son, Furber was a boutique corporate finance Bradford and Jolene Tribble announce Philip Moses Johnson Hyatt, on May 10, and securities law firm Brad co-founded the birth of their son, Philip Bennet 2002. He joins his older brother, Pearce. in 1995. In June 2002, Brad was elected Alexander on March 27, 2002 in chair of the Business Law Section of the Bangkok. He joins his brothers, Julian Wendy Sartory Link was named one of Washington State Bar Association. and Thom. “South Florida’s 50 Most Successful Businesswomen” by FastTrack magazine. Thomas Hanusik is a prosecutor with the 1993 She also recently was elected president of Justice Department fraud section in Jared Freedberg recently joined Covance SunFest, Palm Beach County, Florida’s Washington and is one of five prosecutors Inc. of Princeton, NJ as an in-house largest outdoor music and art festival. on the Enron task force. A former SEC generalist. Covance is a contract research enforcement attorney, Tom specializes in organization specializing in performing Allen W. Nelson has joined the Georgia insider trading, commodities fraud and clinical trials throughout the world for Trust for Historic Preservation’s Board of money laundering cases. the pharmaceutical industry. He and his Trustees in Atlanta. wife, Rachel, had twins, Matthew Noah Scott L. Kaufman has become a partner and Alexandra Laine, in November 2001. Debby Stone opened a practice as a whole with the New York firm of Kronish Lieb life coach. As a coach, Debby works with Weiner & Hellman LLP, working in the Estee Levine and David Little announce individuals considering or involved in a corporate group. Scott previously was a the birth of their son, Thomas Little, on transition in their professional or personal partner in the business and technology Jan. 9, 2002. Estee works for the Securities lives to create a road-map for change. She group at Brobeck, Phleger & Harrison’s & Exchange Commission’s Division of lives in Atlanta. New York offices. Enforcement in Washington, D.C.

1990 1991 John Lopes has been named senior Stephan Alamowitch has become a partner Kay Brady and Tom Capria announce the vice president of operations for in the Paris office of Orrick Herrington & birth of their second child, Emma Championship Auto Racing Teams, Sutcliffe. Christine, on April 8, 2002. She joins Inc. in Indianapolis, IN. older sister, Anna. John W. “Jack” Alden Jr. married Stephanie Leslie Leatherwood Nelson and her husband, LeBlond on July 6, 2002 at St. Antoine de Shawn Flatt recently started work in the David E. Nelson, announce the birth of Tilly, a small village outside of Quebec economics section of the U.S. Embassy their daughter, Emma Grace Nelson, on City. Jack continues to practice commer- in Tokyo. He covers information technol- Aug. 16, 2002. cial, class action and securities litigation ogy and intellectual property rights issues with Morrison & Foerster LLP, as a part- as well as semiconductors. Alex Simpson joined King & Spalding’s ner resident in the Los Angeles office. Jack New York office as a partner in the and Stephanie reside in San Pedro, CA, Elizabeth Malloy recently received the corporate finance group in August 2002. where they windsurf in their free time. Goldman Prize for Excellence in Teaching at the University of Cincinnati Jeremy Weiss and his wife, Deana, Lisa Balderson has returned from College of Law. announce the birth of their first child, Columbus, OH to her home state of a son, Benjamin David Weiss, on West Virginia to practice environmental Tom Sydnor and Maureen McLaughlin Thanksgiving Day, Nov. 28, 2002. law with Spilman, Thomas & Battle, announce the birth of their daughter, Jeremy and Deana were married in PLLC in Charleston. Lindsey, on Aug. 25, 2002. December 2001.

Kristyn Elliott and Paul Dietrich announce Shabbir Wakhariya has been appointed the birth of their fourth child, Sophia chair of the South and Southeast Asia Grace, on Aug. 28, 2002. Sophia joins Law Committee of the Section of her sister, Madeleine, and her brothers, International Law and Practice of the Benjamin and Joshua. American Bar Association for 2002-03.

Spring 2003 • Duke Law Magazine 65 Alumni Notes

Howard Young has returned to the Gates Grainger and his wife, Allyson ’97, Naoki Watanabe and his wife, Yuko, Washington, D.C. office of Arent Fox announce the birth of their daughter, announce the birth of their second child, Kintner Plotkin & Kahn as a health Cameron Rose Grainger, on Sept. 2, and first daughter, Luly, born July 13, practices partner. He spent the last five 2002. 2002. She joins older brother, Jun. years in federal government. Most recently, he served as the deputy chief for Andres Halvorssen and Maria Fleury de 1997 the Civil Recoveries Branch of the Office Halvorssen announce the birth of their Bob Ghoorah and Sarah Solum ’98 were of Counsel to the Health and Human daughter, Maria Mercedes Ana married at Pebble Beach, CA in August Services Inspector General. Halvorssen Fluery, on July 26, 2002. 2001. Family and guests included Chuck Ghoorah ’94, Andrea Ghoorah ’02, Alan Sacks 1994 Erika King has joined the Pharmaceutical ’97, Matthew Kirtland ’97, Michael Levy ’97, Ilona Banhegyi became the general counsel Research and Manufacturers of America in Peter Ocko ’97, Jennifer Gardner Levy ’97, of MOL Hungarian Oil and Gas PLC in Washington, D.C., as assistant general Miriam Radich ’97, Phred Ebrahemi ’98, Jamie 2000. Located in Budapest, MOL is a counsel. Eisner ’98, Amanda McMillian ’98, Lee Ann leading integrated oil and gas company Wheelis ’98 and J.D. Hickey ’01. Bob and in Central Europe. Jill Dana Morganbesser was married to Sarah live and work in Palo Alto, CA. Eugene Felix Patrone in Hartford, CT Paul Genender and his wife, Anice, on Nov. 9, 2002. Allyson Grainger and her husband, Gates ’95, announce the birth of their son, Jack announce the birth of their daughter, Dash Genender, on Nov. 12, 2002. Pedro Oller and his wife, Renee, announce Cameron Rose Grainger, on Sept. 2, 2002. the birth of their daughter, Jimena Oller Michael Heilbronner and his wife, Jennifer, on Sept. 19, 2002. Candace Kicklighter married Robert Slezak announce the birth of their daughter, on Feb. 16, 2002 in Merritt Island, FL. Ella Josephine, on July 14, 2002. Natalie Kay Sanders has The couple resides in Decatur, GA, been named a partner where Candace is an assistant district Adam Safwat was appointed assistant U.S. at Brooks, Pierce, attorney with Dekalb County. Attorney for the District of Delaware in McLendon, Humphrey September 2002. & Leonard in Mattias von Buttlar and Julia Von Keussler ’01 Greensboro, NC. Her were married in August 2002. Mattias is Joelle Cooperman Sharman recently moved practice is concentrated an associate with Latham & Watkins in to Atlanta with her husband, Paul, and in labor and employment consulting and Frankfurt, Germany. daughters, Gabrielle and Lindsay. She is litigation, as well as general business working from home as an associate for litigation. 1998 Proskauer Rose LLP in Boca Raton, FL. Lauralyn Beattie recently left Wilmer, Connie Jean Shoemaker married Cutler & Pickering to join the Office Stacie Strong earned a PhD in law from Jeff Collier III on Oct. 5, 2002 in of University Counsel at Georgetown the University of Cambridge. She cur- Southampton, NY. Connie is an University. rently lectures in law at Exeter College at associate at Davis Polk & Wardwell the University of Oxford and continues in New York. Ellen Dunham Bryant married Shawn Bryant her research in jurisprudence and com- on June 23, 2001 in Wellsboro, PA. The parative constitutional law. Brian Wyatt married Brooke Squire in wedding party included Lauralyn Beattie Beach Haven, NJ, on Oct. 12, 2002. ’98, Jamie Eisner ’98 and Mark Daly ’98. The 1995 Guests included Lance Boldrey ’95, Wiley couple resides in Rockville, MD. Ellen is Doug Chalmers served as legal counsel to Boston ’95, Elaina Cohen ’95 and Len labor and employment counsel at the the successful campaign of Governor Marinaccio ’95. The couple continues to U.S. Chamber of Commerce in Sonny Perdue of Georgia. reside in New York City, where Brian is Washington, D.C., and Shawn is an asso- an associate practicing in the health care ciate at Spriggs & Hollingsworth in Marc Eumann has taken a two-year leave group of Ropes & Gray. Washington, D.C. from the bench to accept an assignment at the legislation branch of the State Justice 1996 Department in Dusseldorf, Germany. He Thomas L. Harper, Jr. and his wife, Helen, works on bills relating to insolvency, cor- announce the birth of their first child, a porate law, general commercial law and daughter, Adelaide Ingram Harper, on property law. May 12, 2002.

66 Duke Law Magazine • Spring 2003 Front row: Amy Kiesel ’98, Patty Dolan ’98, Sarah Solum and Bob Ghoorah ’97 were Duke Law Alumna Anne Hickey ’98, Shawn Bryant ’98, Ellen married at Pebble Beach, CA in August Dunham Bryant ’98, Jamie Eisner ’98, Megan 2001. Family and guests included Chuck Carlyle ’98, Tim Dadson ’99. Back row: Ghoorah ’94, Andrea Ghoorah ’02, Alan Sacks IN CONGRESS Lauralyn Beattie ’98, Peter Lee ’98, Kevin Baily ’97, Matthew Kirtland ’97, Michael Levy ’97, ’98, Julie Riewe ’99, Mark Daly ’98, Andrea Peter Ocko ’97, Jennifer Gardner Levy ’97, Darling ’99, Jennifer Draffen ’98. Miriam Radich ’97, Phred Ebrahemi ’98, Jamie enise L. Majette ’79 was Eisner ’98, Amanda McMillian ’98, overwhelmingly elected to the Lee Ann Wheelis ‘98 and J.D. Hickey ’01. Bob and Sarah live and work DU.S. House of Representatives in Palo Alto, CA. from Georgia’s 4th Congressional District in November after defeating Tricia Valles has been named a shareholder in the Tampa law a five-term House veteran in the firm of Hahn, Morgan & Lamb, Democratic primary. Majette received where she practices in the areas 77 percent of the vote in the general of medical malpractice, personal injury and appellate law. election and was sworn in on Jan. 7 in Washington, D.C. Robin Whitlock Smith recently During the campaign and after her joined GlaxoSmithKline, a global pharmaceutical manufacturer, as victory, Majette promised associate counsel in Research Triangle to build coalitions to Karel D'Hulst and Jing Shen announce the Park, NC. She is responsible for managing ensure smart economic birth of their daughter, Caroline, on litigation in the areas of product liability, Oct. 8, 2002. contracts and employment. growth while nurturing the enviroment; to expand James W. Gayton married Erin Smith on 1999 her role as a legislator to encourage Aug. 30, 2002 in San Diego, CA. Jim Brandon Fernald has joined the litigation practices insurance defense law in San department in the Los Angeles office of consensus among educators, labor Diego, and Erin is a doctoral candidate Fulbright & Jaworski. advocates, local government and the in literature at the University of business community to improve job California, San Diego. David Dixon and his wife, Karen, adopted a son, Walter, last December and have opportunities; to listen to teachers Nora Gierke and her husband, Jonathan moved to Sacramento, CA. David is and parents and demand that they Fitzsimmons, announce the birth of their working as a general litigation associate receive tools they need to do their first child, Eli Patrick Gierke at Downey Brand Seymour & Rohwer. Fitzsimmons, on April 2, 2002. Nora jobs; and to fight the rising cost of continues to practice commercial Javier Dominguez-Torrado and his wife, health care while promoting wider litigation at Reinhart Boerner Van Laura, announce the birth of their access to health care. Deuren in Milwaukee, WI. daughter, Maria Fernanda, on March 18, 2002. Linda Steckley, Duke Law’s associate John Miller and Shari Kanji were dean of external relations, had high married in Sept. 2001 at the Duke Sebastian Guerrero married Gracia Carvallo praise for Majette. “Duke Law School Gardens and Washington Duke Inn. on May 11, 2002. The couple resides in The couple resides in New York. Santiago, Chile, where Sebastian is a is honored to have one of its alumni senior associate with Guerrero, Olivos, serve her country in such an impor- Kimberly Schaefer and her husband, David, Novoa y Errazuriz. tant position,” Steckley said. announce the birth of their first child, Ethan David Schaefer, on April 9, 2002. “She joins a growing number of Duke Law graduates who are well positioned to help shape national policy.”d

Spring 2003 • Duke Law Magazine 67 Alumni Notes

Jenni Kinsley is an adjunct professor at the LLM Graduate Becomes University of Cincinnati College of Law this semester. She is teaching Habeas Corpus YOUNGEST SENATOR and Other Post-Conviction Remedies with IN JAPANESE DIET H. Louis Sirkin. Justin Okezie recently started his own law firm in Bethesda, MD, where he practices litigation and immigration law. Kotaro Tamura LLM ’95 was elected to the upper house of the Japanese parliament on Oct. 27, 2002. Tamura, 39, an 2000 independent, was elected with support from the Liberal Kelly Barsham and Eric Johnson were married on Oct. 12, 2002 on the Outer Banks of Democratic Party, the New Komeito Party and the New Conservative Party. North Carolina. With that victory, he became the youngest senator in the Diet. The term of his position as senator and member of the House of Councilors is six years. Jacqueline Goldberg recently joined Grippo & Elden as an associate in its litigation He was elected to the Tottori constituency, his home state. practice. Grippo & Elden is a Chicago-based The victory came as no surprise to Judy Horowitz, Duke Law’s associate litigation boutique. dean for international studies. “Kotaro was probably one of the most enthusi- Jamie Hernan recently left King & Spalding astic, motivated people I’ve ever known,” she said. “He never gives up, and after nearly two years as an associate on the he’s a person with a huge amount of energy.” While at Duke Law, for example, financial transactions team to open his own Tamura volunteered to start a course in Japanese for legal studies, a program practice in Roswell, GA. The new firm, Hernan Taylor LLC, was started with anoth- that continues today, Horowitz said. er former associate from King & Spalding Among his other responsibilities in the Diet, Tamura primarily will work on and has a general practice. fiscal and financial issues, he said. “I am helping to make Japan’s economic, Christopher Kang was married to Elizabeth Liu fiscal and financial policy. I will do my best in order to revitalize the second- on June 15, 2002 in Chicago, IL. They largest economy in the world. Before his election, Tamura worked in finance have moved to Arlington, VA. Christopher and journalism, which helped to shape his political agenda. “In the financial is working as counsel for Senator Dick Durbin (D-IL) on the Senate Judiciary world, I encountered a lot of useless regulations and government intervention, Committee. which weaken Japan’s economy and the competitiveness of business,” he said. “As a journalist, I have carefully watched Japan’s politics. Yasuo Kitamura and his wife, Yoko, announce the birth of their son, Masayuki, born I have learned that our politics could not work efficiently for Oct. 30, 2002. taxpayers, because politicians must work for limited interest groups that donate huge amounts of money for the politicians’ elections and re-elections.” These are conditions he hopes to change. “I am always thinking and insisting that Japanese statesmen should be younger, more international-minded, less money-driven and more intellectual,” he said. “I also would like to change Japan’s political world order to adjust more rapidly to global changes.”

68 Duke Law Magazine • Spring 2003 Michael Levine has joined the staff of attor- Jamieson A. Smith married Komal Bazaz on neys at the Juneau, AK office of Aug. 10, 2002. The couple resides in President Selects Earthjustice (formerly the Sierra Club Arlington, VA. Jamieson is an associate in Alumna to Chair Legal Defense Fund). the Washington, D.C. office of Baach Robinson & Lewis. International Trade 2001 Nan Ball married John V. Donnelly, III in Matthew Stowe received an award from the Commission Philadelphia, PA on Sept. 1, 2002. Many Servicemembers Legal Defense Network fellow Dukies were in attendance, includ- for achieving, with co-counsel Anthony Deanna Tanner Okun ing: Amber Donath ’01, Atiba Ellis ’00, Miranda, a successful settlement of a pro Miriam Goldsmith ’01, Julie Huff ’01, D’lorah bono military pay case involving a ser- ’90 was designated Hughes ’01, Erin Lovall ’01, Julie Saker ’01, vicemember dismissed under the “Don’t chairman of the U.S. Brad Wiltshire ’01 and Mae Wu ’01. After Ask, Don’t Tell, Don’t Pursue” policy. International Trade completing a clerkship with the Honorable Anthony Scirica on the Third Julia Von Keussler and Mattias von Buttlar ’97 Commission by President Circuit, Nan joined Shea & Gardner in were married in August 2002. Julia contin- Bush for the term of June Washington, D.C. ues her work at the German Financial 2002 to June 2004. Supervisory Authority. Kelly Black was married to Thomas Holmes She initially was appointed to the on Sept. 7, 2002 in Atlanta, GA. Guests 2002 commission in 1999, following seven included Dean Katharine Bartlett, Professor Bob Hyde accepted a clerkship with U.S. years as international trade counsel to Chris Schroeder, Robert Ekstrand ’98, Samantha District Judge Gary L. Taylor in the Ekstrand ’01, Alex Dale ’01, Sarah Gohl ’01, and Central District of California for 2003- U.S. Sen. Frank Murkowski of Alaska. Matt Stowe ’01. Upon return from her hon- 04. He is currently clerking for U.S. The mission of the Trade Commission eymoon in Hawaii, Kelly began work as Magistrate Judge Marc L. Goldman in is twofold: to administer U.S. trade an associate in the Boston office of Hale the Central District of California. and Dorr. Prior to joining the firm, she remedy laws in a fair and objective manner; clerked for the Honorable Kenneth L. Jennifer Ruiz and her husband, David, and to provide the president and Ryskamp, U.S. District Court Judge for announce the birth of their son, James Congress with independent advice and the Southern District of Florida. David Henderson Ruiz, on June 7, 2002. information on matters of international Gideon Moore married Anne Shoemake Venus Springs and her husband, Jules, trade and competitiveness. As chairman, in Durham, NC on Sept. 1, 2002. announce the birth of their second child, Okun’s duties include overseeing the The couple resides in New York, Julian Washington Springs, on July 23, where Gideon is an associate with 2002. He joins his brother, Anthony. agency as a whole and exercising respon- Cadwalader, Wickersham & Taft. sibility for all administrative functions. Jennifer Tomsen has joined the law firm of “I was honored and privileged to be Stephen Pedersen is working in the litiga- Greenberg Traurig in Orlando, FL. tion department at Kutak Rock, LLP in named by the president to head the Omaha, NE. independent agency, which is central to the development and implementation of sound and informed trade policy,” she Let us know what you have been doing! said. “As the importance of trade grows Send us your news by June 10 for the fall issue of Duke Law not just in the United States, but in the Magazine. Class notes also are available online at www.law.duke.edu/alumni/classnotes. world, I hope to use my time as chairman to help the commission adapt its Submissions should be sent to Jean Brooks, class notes editor, Box 90389, Durham, NC 27708 (fax 919-613-7170). mission to provide quality public service in these areas.”

Spring 2003 • Duke Law Magazine 69 In Memoriam

Alumni Graham C. Mullen L ’69 Dr. Patrick B. 1951 Mullen, and Capt. Peter L. Mullen; six Frederic M. Klein, 76, and his wife, Audrey 1923 grandchildren; and one great-grand- Klein, 68, died in a car accident in Richard E. Thigpen, 102, died Dec. 27, daughter. Osceola County, FL, Feb. 8, 2003, while 2002 in Charlotte, NC. Born May 9, they were driving to visit a relative in 1900 in Wilmington, NC, Mr. Thigpen 1937 Kissimmee. Originally from New Haven, graduated from Trinity College (now Richard W. Kiefer, 89, died Nov. 1, 2002 in CT, Mr. Klein had practiced law in Boca Duke University) in 1922 and studied Baltimore, MD. Born July 16, 1913 in Raton since the early 1970s specializing law under Samuel Fox Mordecai, dean of Baltimore, Mr. Kiefer earned his bache- in real estate, probate law and estate plan- Trinity Law School. After four years with lor’s degree with honors from what was ning. Mrs. Klein was an avid tennis and the U.S. Board of Tax Appeals in then Western Maryland College, where bridge player. They are survived by Washington, D.C., he returned to North he later returned to teach commercial law daughters Lynn Read and Andrea Carolina and opened his law office in and serve as a trustee. After graduating Blumberg, son David Klein, and six Charlotte in 1933. Mr. Thigpen prac- from Duke Law in 1937, he practiced grandchildren. ticed tax law until his retirement in with the firm of Bartlett, Poe and 1976. He continued to serve Duke as Claggett until 1956, when he left to start 1952 alumni secretary from 1923-1929, and as his own practice. He retired from practice Edward C. Berg, 76, died Nov. 3, 2000 in chairman of the National Council and in 1995. He served as a lieutenant colonel Farmington, CT. Born April 18, 1924, president of the Alumni Association. He in the Army during World War II and Mr. Berg was raised in Wethersfield, CT. served as a trustee of Duke University received the Legion of Merit medal in He received his bachelor’s degree from from 1953-1973, and was vice-chairman 1944 for “exceptionally meritorious con- Yale University in 1945. He was a princi- of the Executive Committee. He also was duct.” He is survived by his wife of 63 pal partner of The Berg and Sweet Law an active member of the Charlotte com- years, the former Susannah Sheridan Firm, which had offices in Farmington munity. He is survived by his daughter, Cockey; two daughters, Linda Kiefer and Avon. He is survived by his niece Harriet Thigpen Stewart, and his son, Sanders and Josette Kiefer L ’80; eight and nephew, Patricia Haskell Friend and Richard E. Thigpen, Jr.; six grandchil- grandchildren; and six great-grandchildren. John Haskell; and his great nieces and dren; and 12 great-grandchildren. nephews. 1947 1935 William House Dale, 79, died Oct. 10, 2001 T. Paul Messick, 79, died Oct. 26, 2000 in James N. Mullen, 92, died Dec. 29, 2002 in Columbia, TN. Born Feb. 6, 1922, Mr. Burlington, NC. Born Dec. 5, 1920, Mr. in Gastonia, NC. Born May 11, 1910 in Dale earned his bachelor’s degree at Messick earned a bachelor’s degree in Lancaster, SC, Mr. Mullen, “Moon” to Vanderbilt University. After graduating political science from Elon College in his friends, attended Duke University from Duke Law School, he practiced law 1950. He served as a colonel in the where he was a member of the football in Columbia. He is survived by his wife, United States Air Force. He was senior team, served as senior class president and Mary, and five children. partner at Messick, Messick & Messick was a Rhodes Scholar nominee. He in Burlington, working with his sons, earned a bachelor’s degree in history in 1950 Turner Paul Messick, Jr. and Steven 1932, and graduated from Duke Law Albert E. Philipp Jr., 81, died Sept. 22, 2002 Hamilton Messick, who survive him. School in 1935 with honors. Mr. Mullen in Ridgewood, NJ. Born June 6, 1921, practiced law in Gastonia for more than Mr. Philipp earned his AB in economics 1954 50 years. Along with long-time friend, J. from Duke University in 1943. After C. Anthony “Tony” Harris, 70, died Nov. 28, Mack Holland, Jr. L ’37, he co-founded graduating from Duke Law School in 1999 in Cheraw, SC. Born Nov. 19, the firm that became Alala, Mullen, 1950, Mr. Philipp served as the director of 1929, Judge Harris began his studies at Holland and Cooper. He was chair of the labor relations with Pan-American World Duke University in 1949, and received local Board of Elections, president of the Airways for 30 years. He was a board his LLB in 1954. After graduating, he YMCA, and twice served as a member of member of Children’s Aid and Adoption, practiced law for 24 years before being the Board of Governors of the NC Bar American Red Cross and the Hermitage. elected to the South Carolina state Association. He was a member of the He is survived by his wife of 52 years, senate. After 14 years as a state senator, Board of Law Examiners of the NC State Esther K. (Polly) Philipp; his daughter, he served as a circuit judge for South Bar and an elected fellow of the American Katherine A. Philipp; his son, Robert J. Carolina’s Fourth Judicial Circuit. He is College of Trial Lawyers. He served in Philipp; his brother, Arthur J. Philipp; and survived by four children: Tony, Jr., Fred, the Counter Intelligence Branch of the a granddaughter. Lorraine and Mary. Army Air Corps during World War II and was awarded the Bronze Star. He is survived by three sons, the Honorable

70 Duke Law Magazine • Spring 2003 Donald E. Williams, 78, died Oct. 20, 2002 1969 and alcohol problems. He is survived by in New Castle, PA. Born Oct. 3, 1924 in Charles Linn Haslam, 58, died Jan. 24, his former wife, Dr. Colleen Rissell, and Enon Valley, PA, Mr. Williams earned a 2003. Born June 7, 1944 in his son, Todd Isaac Hunsaker. bachelor’s degree from Muskingum Birmingham, AL, Mr. Haslam earned his College in 1949. Before attending Duke bachelors degree from Princeton in 1965. 1989 Law School, he worked as a high school After graduating from Duke Law School Malcolm A. Verras, 38, died Nov. 28, 2002 English teacher in New Concord, OH, in 1969, he studied at The Hague in Plymouth, MA from injuries sustained then worked as a special agent in the FBI. Academy of International Law. He in a car accident. Born Aug. 8, 1964 in He became Lawrence County, PA’s first became university counsel for Duke in Winchester, MA, Mr. Verras graduated public defender in 1969 and later was 1974 and, when President-elect Carter with a bachelor’s degree from Dartmouth elected Lawrence County district attorney, chose Dr. Juanita Kreps (a Duke vice College in 1986. After graduating from serving two terms from 1974 to 1981. An president) as secretary of the U.S. Duke Law School in 1989, he joined the active member of the New Castle commu- Department of Commerce, he became firm of Goodwin Procter & Hoar in nity, he belonged to the local American general counsel of the Department of Boston, before leaving to become legal Red Cross chapter and served as a volun- Commerce. He remained in Washington counsel for the Paul Tsongas presidential teer fireman. He is survived by his wife of as an independent specialist in business campaign in 1992. For the past eight 52 years, Marian F. Williams; four daugh- and law, including a term as chairman of years, he was a director of financial servic- ters, Pamela Peters, Judith A. Watson, the board and CEO of Krug International es at Fidelity Investments in Boston. He Jennifer D. Martsolf and Janie J. Corporation. He is survived by his son, is survived by his parents, Andrew and Hebenthal; one son, Stuart F. Williams; Charles, his companion, Linda Chandler, Hope Verras; his partner, Davin Wedel; three sisters and 10 grandchildren. his sister, Henley Haslam, his brother, his brother, Alexander; two sisters, Battle Haslam, and two stepchildren, Constance Geraniotis and Katrina 1955 Alexander Freeman and Sarah Knight. Hanewich; and 10 nieces and nephews. Jerry H. Cates, 74, died Aug. 1, 2002 in Atlanta, GA. Born July 23, 1928, Mr. 1975 Cates received his AB from Duke Editor’s Note: In the fall 2002 issue of Friends University in 1953, continuing on to earn Duke Law Magazine, Mr. Hunsaker’s Mary Allen Monroe, who served as the his LLB. Together with his twin brother, survivors were omitted from his obituary. budget and personnel officer at the Law Gene, Jerry formed Cates Construction & We regret the error. The complete obituary School during Paul Carrington’s tenure as Development Co. in 1959, building proj- is reprinted here: dean, from 1978 until her retirement in ects from office parks and specialty malls 1987, died Sept. 21, 2002 in Charlotte, to condominiums. A champion pole Keith A. Hunsaker, Jr., 52, died Jan. 14, NC from complications from cancer. vaulter while at Duke, Mr. Cates 2002 in Phoenix, AZ. Born Sept. 25, Those who knew Mary will remember remained athletic throughout his life, 1949 in Inglewood, CA, Mr. Hunsaker her honesty, feistiness, her no-nonsense playing tennis twice a week. He is sur- graduated from UCLA in 1971 where he approach, as well as her hearty and dis- vived by six daughters, two sisters, and 18 both composed for and directed the tinctive voice and laugh. She is survived grandchildren. band. After graduating from Duke Law by two sons, Samuel Monroe and School in 1975, He served as a clerk to William G. Monroe III, their spouses, 1963 the Honorable Harrison L. Winter, U.S. five grandchildren, and several great- Gilbert P. Johnson, 64, of Pound Ridge, NY Circuit Judge, Court of Appeals. In grandchildren. died Sept. 3, 2002. Born Jan. 23, 1938, 1977, he joined Seyfarth, Shaw in Los Mr. Johnson earned his bachelor’s degree Angeles, practicing in the areas of labor in history from Princeton in 1960. After and employment law, as well as environ- graduating from Duke Law School, he mental law and administrative law. In spent six years as an associate for 1993, he became a visiting professor of Chadbourne, Parke, before becoming the law at Arizona State University, where he chairman and CEO of Penn Eastern taught labor law, employee benefit law Development Company. He later served and legal research. After leaving ASU, He as vice president and assistant general was starting his own alternative dispute counsel for the First Boston Corporation resolution practice in Phoenix when he in New York. He operated his own real passed away. He had been active in the estate development company in Pound state and county bar associations, the Ridge until his retirement. He is survived Arizona Dispute Resolution Association by his wife, Eleanor Cullen Johnson, and and “Lawyers Caring for Lawyers,” a bar a daughter, Mary. committee to assist members with drug

Spring 2003 • Duke Law Magazine 71 Sua Sponte

Flags from many countries hang in the Loggia during International Week 2002. Photo by O’Neil Arnold

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