!2970 Law Mag Changes

M AGAZINE SPRING 2002 Vo l ume 20 1 Number

Ideas That Matter Intellectual Life in High Gear at Duke Law School

inside Rules of Engagement Duke Law Faculty Provide Leadership on Issues Raised by the Events of September 2001 plus As Chair of the Law School’s Board of Visitors, Peter Kahn ‘76 Keeps Giving Back from the dean

jaded by the all-too-visible signs of a loss of served client populations, the faculty who nobility in the profession they have chosen. respond to requests for their special knowl- Career service panels of distinguished alumni edge from congressional committees, the who have conquered such perceptions media and other groups and organizations and pursued a variety of paths to success perform an important public service. That are enormously enlightening to students lawyers have a duty to educate and serve is making choices about their own careers. one of the lessons we try to teach our students, Still, it is important to understand that and providing good models for this role is the increased opportunities for students to an important part of our teaching function. initiate, lead, debate, take responsibility Beyond this function, it is simply the case and be inspired fall within the framework that law professors, like all lawyers, share of the larger goals of the law school responsibility for transmitting to the broader experience. To grow intellectually, ethically society knowledge and understanding of As this issue of Duke Law Magazine makes and professionally, students need both the law and an appreciation of the values clear, the Law School is bursting with an stimulation and time for study. Saving time advanced by the rule of law. increasingly diverse array of intellectually and energy for course work to benefit from Of course, just as students need time stimulating activities. It is a rare day when the excellent classroom teaching at Duke for study and reflection, so faculty need there is not an outside speaker, panel can be difficult with so many exciting sufficient time for research and examination. discussion, conference, symposium, “town distractions, but without sustained concen- Thus law schools like Duke that want their meeting,” brown-bag lunch forum, faculty tration on a topic and attention to rigorous faculty to be leaders in their respective workshop or public lecture. On many days, development of a legal argument, as occurs fields must allow them sufficient research more than one such activity takes place and in a student’s courses, a first-class legal support to become distinguished scholars. it often occurs that two or more have to be education cannot take place. Fine-tuning And as with the effort to help our students scheduled at the same time. And this does not ethical sensibilities, similarly, requires not achieve balance between curricular and count the incredible number of major speakers, only inspiration and the opportunity to extracurricular activities, at Duke the conferences and summits at the University apply principles to real-life experiences, but intellectual activity we promote is designed to level to which our students have access. also an intellectual depth of understanding enhance the research and teaching functions As the Law School becomes increasingly that comes with discipline and focus. of our faculty, not detract from them. rich with such activities, it is important to Our fine faculty faces similar challenges As you learn of the exciting activities keep in focus our core mission – to educate in trying to balance the fast-paced, highly that are occurring at the Law School, be the next generation of lawyers to become stimulating experiences of workshops, assured of our intentionality. We do not leaders, professionals and guardians of this media interviews, conferences and debates generate activity for its own sake, but society’s precious legal system. The host of with the demands of deep thinking that because of its potential to develop and intellectual activities offered at Duke Law make possible true scholarship. The challenge the mind, and to further the School is in part a deliberate strategy to academic conferences described in this leadership skills and professionalism of our nurture the values of leadership and Magazine provide the kind of intellectual students and the excellence of our faculty. professionalism. Many of the outside exchange and challenge that can greatly In the meantime, we hope to share with our speakers and panels are sponsored by enhance and improve scholarship. When alumni as many of the events that occur student organizations, such as the those gathered at such events come from at the Law School as possible. If you have International Law Society, the Hispanic Law various backgrounds and work in different yet to do so, I would encourage you to Students Association, the Public Interest disciplines, as is the case with a high subscribe to E-news, our monthly electronic Book Club, the Intellectual Property Law proportion of our conferences (including alumni newsletter, by visiting www.law.duke. Society and the Law School’s scholarly the Conference on the Public Domain), edu/alumni/e-news.html. To view archived journals. Supporting these and other the opportunities for cross-fertilization webcasts of the educational events student initiatives is one way we reward, are magnified. discussed in this Magazine, please visit our and thus encourage, leadership values. We are proud of our faculty who take website at www.law.duke.edu/webcast. Besides enabling leadership, the rich the time to share their expertise not only intellectual life at the Law School stirs with students, but with the media and debate among students, which in turn various community and professional invites students to formulate and take organizations. Like our students whose Katharine T. Bartlett responsibility for their own ideas. Some extracurricular activities enrich the intellectual Dean and speakers are especially inspiring role life of the Law School for other students A. Kenneth Pye Professor of Law models for students, who can become and provide pro bono service for under- contents 44 8 4 30 18

From the Dean

News Briefs ...... 2

Features Ideas That Matter: Intellectual Life in High Gear at Duke Law School ...... 8 Rules of Engagement: Duke Faculty Provide Leadership on Issues Raised by the Events of September 2001...... 18

Alumni Profiles Mary Ann Tally ‘74 Champions Proper Representation for all Defendants ...... 28 As Chair of the Law School’s Board of Visitors, Peter Kahn ‘76 Keeps Giving Back ...... 30 Alan Bender ‘79 Helped Build VoiceStream Wireless Corp. from the Ground Up ...... 32

Around the Law School Faculty Notes ...... 34

Alumni News Class Notes ...... 40 Alumni Snapshot: A Love of Research Leads to a Diverse Career for Author Jon T. Hoffman ’94 ...... 44 In Memoriam ...... 50 Thomas F. Blackwell ’86...... 52 Law Alumni Weekend 2002 Calendar of Events...... 53

Letters to the Editor If you want to respond to an article in Duke Law Magazine, you can e-mail the editor at [email protected] or write: Letters Claire Cusick, Duke Law Magazine, Duke University School of Law, Box 90389, Durham, NC 27708-0389

CREDITS: Dean: Katharine T. Bartlett • Associate Dean for External Relations: Linda G. Steckley • Director of Communications: Diana L. Nelson • Editor: Claire Cusick Copy Editor: Janse C. Haywood • Design: DUHS Office of Creative Services and Publications • Photography: Claire Cusick • Duke Medical Center Photography Duke University Photography—Chris Hildreth, Les Todd and Jimmy Wallace • The News & Observer • David Crenshaw • Cover Art and Cover Story Illustration: Burney Design • Duke Law Magazine is published under the auspices of the Office of the Dean, Duke University School of Law, Durham, North Carolina 27708. © 2002 Produced by the Office of Creative Services and Publications, Duke University Health System. Design only is Copyrighted © DUHS, 2002. mcoc-2970 news briefs

Magazine names 16 Duke Law School Alumni as North Carolina’s Legal Elite “The Children’s Education Russell M. Fourteen other Duke Law alumni Law Clinic has really Robinson II ’56 were also mentioned among the elite. improved my sense of leads North They are, in order of class year: purpose while in law Carolina’s “Legal Elite,” Clarence W. Walker T‘53 L‘55 school, because it has according to business law enabled me to serve Business North Carolina Herbert O. Davis ‘60 real people in need while magazine. business law learning a tremendous The Charlotte- based maga- David L. Ward Jr. ‘62 amount about the law zine devoted its antitrust law and client interaction. January 2002 For the first time I have issue to the best business lawyers in the James B. Maxwell ‘66 state, voted on by their peers. Robinson, litigation begun to tap into the a founding partner of the Charlotte law valuable practice firm Robinson, Bradshaw & Hinson, William A. Davis II ‘67 earned top nods for the areas of business law experience of my business law and corporate counsel. professors, Jane George R. Mahoney Jr. ‘67 “As executives in North Carolina Wettach and Brenda have known for decades, it pays to have corporate counsel Robinson on your side,” wrote Business Berlin. It is in the real North Carolina’s Irwin Speizer. “His peers Trawick H. Stubbs Jr. ‘67 world of clients that voted him the state’s best business antitrust law lawyer and its best corporate counsel – they are able to share the only lawyer to top two specialties in Thomas C. Worth Jr. ‘69 their experience and the Legal Elite.” estate planning Antitrust lawyers named Matthew knowledge in a relevant Sawchak ‘89, who practices at Ellis & John R. Wester ‘72 context. As far as I am Winters in Cary, as the best in their field. litigation concerned, learning In the magazine, Sawchak credited Professor Clark Havighurst, whom he C. Wells Hall III ‘73 through experience is called “an outstanding antitrust taxes and estate planning the most valuable kind professor at Duke,” with leading him to his specialty. Kenneth W. McAllister ‘74 of knowledge there is, Editors at the magazine mailed corporate counsel and I am exuberant ballots to more than 6,000 lawyers about gaining the across the state and asked them to vote Peter C. Buck T‘69 L‘76 for the best practitioner in each field. business law opportunity to learn Voters could not vote for themselves, these skills while I am but could vote for members of their Edward T. Hinson Jr. ‘77 firms – only if they also voted for litigation still at Duke Law School.“ someone outside their firms in those specialties. Outsider votes carried more Susan F. Olive ‘77 Darren Malhame ‘03 weight than insider votes. To read more, patents and intellectual property law visit www.businessnc.com.

2 DUKE LAW MAGAZINE • SPRING 02 Children’s Education Law Clinic Opens Doors NEWS BRIEFS Duke Law School opened a Children’s Education Law Clinic in Durham in January 2002. The clinic, located at 201 W. Main St., provides free legal advocacy for low-income parents and their children in cases involving issues of education law and government benefits. Ten Duke Law School students, supervised by Duke faculty Jane Wettach and Brenda Berlin, provide legal services to disabled children and their families through the Clinic. Funds to start The Children’s Education Law Clinic came from The Duke Endowment, the Mary Duke Biddle Foundation, and a planning grant from the Bussel Foundation, which also benefits Duke Law School’s other clinic programs. “This Clinic both provides much-needed services to children with special needs in the community, and gives our students hands-on opportunities to apply the law they learn in the classroom,” said Dean Katharine Bartlett. “We are grateful to the Duke Endowment and the Mary Duke Biddle Foundation for their support of this program.” Duke Law School began planning the clinic in 1999 in response to law student interest in children’s issues. A community survey revealed a significant need for lawyers with an expertise in education law who could represent low-income children, particularly disabled children, through the complex special education system. Early response to the Clinic is promising. “Already our phone is ringing,” said Jane Wettach, clinic director and a senior lecturing fellow at the Law School. “We are seeing an increase in referrals from other professionals in the community who provide assistance to children with disabilities. Our students are meeting with clients and are actively involved in community workshops that educate parents about the rights of disabled children.” The Children’s Education Law Clinic joins the AIDS Legal Assistance Clinic as a true “in-house” clinic in which students represent clients under direct supervision of Duke Law faculty. Students at Duke can also obtain clinical experience through the Death Penalty Clinic, the Criminal Litigation Clinic, the International Development Clinic and a number of simulation-based courses in trial practice, litigation, negotiation and mediation, appellate practice and estate planning.

Alumni Return to Duke Law as Visiting Faculty

Duke Law School welcomes back to Lieberman’s work on the Endangered Bureau. Prak ’80 is a partner with the firm Durham an impressive group of alumni as Species Act. Wheeler is a partner with of Brooks, Pierce, McLendon, Humphrey visiting faculty this year: John Conley ’77, Hogan & Hartson who specializes in & Leonard, LLP in Raleigh, N.C. visiting professor from UNC-Chapel Hill, environmental law. and Garrett Epps ’91, visiting professor Len Simon ’73 has returned to teach from the University of Oregon, are both two courses on complex civil litigation. at Duke Law School for the entire 2001- Simon is affiliated with the San Diego 02 academic year. Professor Conley is office of Milberg, Weiss, Bershad, Hynes teaching courses in civil procedure, & Lerach. Another San Diego attorney, ethics, and law and science, while Candace Carroll ’74, is providing counsel Professor Epps is leading students to Duke Law students in the 2002 spring through the study of constitutional law, moot court competitions. and in the fall taught a course on the Donna Gregg ’74 and Mark Prak ’80 first amendment. have joined forces to teach a spring Tim Profeta ’97 and Doug Wheeler ’66 seminar in telecommunications law. have returned this spring to team teach a Currently a partner with the law firm of seminar on the Endangered Species Act. Wiley, Rein & Fielding in Washington, Visiting Professor Garrett Epps ‘91 As Counsel for the Environment for D.C., Gregg previously served with the Senator Joseph Lieberman (D-Conn), Federal Communications Commission as Profeta carries primary responsibility for an attorney with the Cable Television

SPRING 02 • DUKE LAW MAGAZINE 3 news briefs

Dale Whitman ‘66, Richard Danner Assume AALS Governance Positions

Dale Whitman ‘66 took office as the new Whitman said. “Since we are the ‘learned president of the Association of American society’ of legal education, we have a Law Schools (AALS) on January 3, 2002. responsibility to advance scholarship and Whitman is a professor at and former learning. This year, an important focus of dean of the University of Missouri- my work will be the globalization of law – Columbia School of Law. He teaches a field in which Duke Law School has long property, real estate finance and land been a leader. Our annual meeting in use planning. January 2003 will emphasize this theme, “I’m delighted to have this opportunity and we are also planning several to try to provide leadership in the AALS,” international and global conferences that will bring together law teachers and scholars from many nations. It’s an exciting time for legal education.” Senior Associate Dean for Information Technology and Research Professor of Richard Danner Law Richard Danner was elected to a two-year term on the organization’s Professor Danner is the first librarian executive committee, commencing in elected to the executive committee since January 2002. The AALS House of 1988. Professor (and former Dean) Paul Representatives, composed of one Carrington (1984-86) and former Dean representative from each member school, Pamela Gann ‘73 (1997-99) were the elects the nine-member executive most recent Duke representatives on the committee. The executive committee committee. Danner says that he is looking conducts the affairs of the Association forward to working with President Whitman, between annual meetings, reviews especially regarding the Association’s role membership applications and determines in promoting the use of technology to strategic directions for the Association. improve scholarly communications in law. Dale Whitman ‘66

First-ever International Week a Great Success

Duke Law School’s first-ever International many different countries and back- community. The week kicked off with Week, held in October 2001, featured grounds attended the events and inter- International Sports Sunday and continued a student-led forum on the ethical acted with one another. There really was with events such as Croissants et Café avec implications of military involvement in something for everyone. For example, les Deans and International Film Night. Afghanistan, an international food fiesta, the audience for the forum on Afghanistan The festivities culminated with an inter- and an LLM student panel highlighting included students and faculty with a national food fiesta in the Law School’s unique aspects of practicing law range of academic interests and view- Alumnae Courtyard, which was colorfully around the world. Many student points, and the student speakers decorated with streamers and a large organizations participated in planning facilitated a high-quality discussion on piñata. The fiesta’s large and enthusiastic the week’s events. an important issue affecting all of us.” crowd tasted 100 delicious dishes “The level of student participation in (See page 24.) prepared by law students, faculty and international week activities was very Along with the informational staff. Winning the best overall dish award high,” said Mary Beth Steele ’02. “As we activities, International Week offered was Sang-Soo Jun ‘02, whose Korean hoped would happen, students from some fun for the entire Duke Law School barbecue station was a spectacular hit.

4 DUKE LAW MAGAZINE • SPRING 02 James E. Coleman Jr. Receives Community Betterment Award

James E. Coleman Jr., senior associate dean for academic affairs and professor of the NEWS BRIEFS practice of law, was presented with the Samuel DuBois Cook Society Community Betterment Award on February 13, 2002. His work as a civil rights advocate and his outreach efforts as a senior administrator at the Law School garnered him this prestigious award, which honors those whose daily activities exemplify the principled behavior and emancipating spirit of the interactive community envisioned by Dr. Cook, Duke University’s first black faculty member. “Jim is uniformly praised for his humility and genuine compassion for his students’ welfare,” said Jill Miller, assistant dean for student affairs. “He is driven by an unfailing work ethic that motivates him to work well into the evening hours and to hold special weekly discussion sessions with his students. The Community Betterment Award is a testament to Jim’s unfaltering commitment both to the Law School and the community at large.” James E. Coleman Jr. After founding the Innocence Project at Duke Law School, a student-led organization that investigates the convictions of incarcerated persons claiming actual innocence, Dean Coleman has fostered a developing network of similar programs at other law schools. This work parallels the leadership he has shown in the American Bar Association, which two years ago at his initiative passed a resolution urging states to place a moratorium on the death penalty until the question of its unequal application to minorities was resolved. He currently serves on the blue-ribbon ABA Committee established to oversee implementation of this resolution. Beginning with his own state, Dean Coleman instigated efforts in North Carolina to address issues of fairness and quality in the implementation of the death penalty. He served as one of two public members of the North Carolina Legislative Research Commission appointed to review aspects of the North Carolina death penalty, which proposed legislation abolishing the death penalty for certain defendants, including mentally retarded offenders. This legislation has since been enacted. He is also the interim chair of the Board of Directors of the Fair Trial Initiative, a new organization designed to train young death penalty lawyers to more effectively represent capital defendants. “The linkage between Jim’s professional and teaching activities is much appreciated by his students and colleagues and provides an excellent model to them for taking responsibility for the quality of their communities,” said Dean Miller.

“What really struck me about the food fiesta was how much time the students put into preparing their dishes,” said Steele. “As I made my way down the long rows of food stations, students proudly encouraged me to ‘just try a little of this because you’re going to love it.’ Some displayed Jill Miller, assistant dean for student their dishes with elaborate decorations, affairs, congratulates Sang-Soo Jun ‘02, and many offered to explain the cultural who won best overall dish at the significance of their dishes.” international food fiesta for his Korean barbecue. Masato Sasaki ‘01 (left) speaks to Professor To see photos from the week, George Christie during the international visit www.law.duke.edu/internat/Gallery/ food fiesta. index.htm.

SPRING 02 • DUKE LAW MAGAZINE 5 news briefs

Deans Bartlett, Horowitz Spend a Week in Asia

Dean Katharine Bartlett and Associate of Japan. Among the firms visited were Bartlett spoke again on gender issues to Dean for International Studies Judith Sakai Law Firm and Kuroda Law Firm, a full audience of faculty, researchers Horowitz visited Japan and South Korea headed by alumni Hideyuki Sakai ‘82 and students. Duke Law School alumnus October 15-22, 2001. Among the items and Kenji Kuroda ‘89, respectively. Ken Yun ‘88 provided much of the on their fast-paced agenda: visit alumni At Waseda University, Dean Bartlett hospitality and arrangements in Korea. and friends in these areas; strengthen addressed an overflowing auditorium The visit included an elegant dinner existing relationships between Duke Law of more than 500 students and faculty reception attended by about 30 alumni School and area universities; encourage about “The Many Faces of Gender and former visiting scholars. outstanding young attorneys to consider Equality in the U.S.: Family, Workplace, “We were extremely well received Duke if they choose to study law in the and Education.” Another highlight of the and were delighted to have an opportunity United States; and enhance opportunities visit was a reception attended by about to visit with our current students study- for summer internships for current 50 Duke Law School alumni living in ing in these countries, and also with so students at Duke Law School. Japan, and professors at the universities. many of our alumni, who accompanied In Tokyo, Deans Bartlett and In Seoul, the deans visited several us to interesting sites throughout the Horowitz visited law faculty at Tokyo law firms, including Kim & Chang, and week,” said Dean Horowitz. “Thanks to University and Waseda University, where Bae, Kim & Lee. They also toured the their kind attention and hospitality, it three Duke Law School students are Korea Foundation, the Korea Research was a productive and enjoyable trip.” currently studying. They also toured Foundation, Seoul National University, several law firms and the Supreme Court and the Supreme Court of Korea. Dean

Dean Bartlett gives welcoming Dean Bartlett with Ken Yun ‘88 at Deans Bartlett and Horowitz remarks at an alumni reception the reception in Seoul. photographed overlooking Seoul. in Seoul.

Attendees at the alumni reunion in Tokyo pose for a Hideyuki Sakai ‘82 (at right) presents a memento photo with the deans. – a signed card and photo of all the people who attended the Tokyo reunion.

6 DUKE LAW MAGAZINE • SPRING 02 Spotlight on Public Interest and Pro Bono Activities NEWS BRIEFS Recent developments in the programs Days of Hope: Race and Democracy Public Interest Retreats and speakers series directed by the in the New Deal Era. During an overnight retreat this January Office of Public Interest and Pro Bono • Duke Law alumnus and University of sponsored by the Office of Public have proven popular among students Richmond Law Professor Rod Smolla ‘78, Interest and Pro Bono, Duke Law students and alumni. who spoke on balancing first amend- met at length with lawyers serving the “Our office works closely with student ment concerns as expressed in his public, including Washington, D.C. groups to plan events that encourage book, Deliberate Intent: A Lawyer Tells Superior Court Judge Neal E. Kravitz, professionalism and an interest in public the True Story of Murder by the Book. who spoke about his work with the D.C. issues,” said Carol Spruill, associate dean Public Defender’s Office and the U.S. for public interest activities and special Faculty Lives in Public Senate’s Whitewater Investigation. projects. “We strive to be creative and Service Series Alumnus Wes Powell ‘94, who works at flexible in picking up on the energy of the Faculty Lives in Public Service, a new Clifford Chance in New York City, talked student body to sponsor programs that speaker series launched in the fall of of his work, over and above billable demonstrate that a commitment to the 2001, gives students the chance to hours, on an amicus brief for the James public is an expectation of every lawyer sit down with their professors outside Dale scoutmaster case decided by the and every future lawyer.” of class and discuss ways that the U.S. Supreme Court last year. Barbara professors have been able to use their Moulton, assistant dean for public Public Interest Book Club legal training and skills to serve the interest and community service at What started out in 1993 as a wholly public and their communities. This Georgetown Law Center, and three internal discussion of selected books already popular series has featured four Duke Law School alumni, Mo Green ‘91, recently has flourished into a popular speakers this academic year: Erin Gaddy ‘97 and Michelle Nowlin ‘92, author-speaker series. Five authors have all talked about the unexpected twists spoken at the Law School this academic • Senior Associate Dean of Academic and turns in their career paths in public year as part of the Public Interest Affairs James Coleman, who spoke interest and the messages that have Book Club: about his work as a young lawyer guided them along the way. representing an unpopular client – If you are interested in additional • Wendy Kopp, the founder of Teach convicted killer Ted Bundy – on the information about these events and for America and author of One Day appeal of his case. other developments in public interest All Children, who spoke about her • Professor William Reppy, who spoke and pro bono activities, please contact experiences in creating a national of his pro bono work for the humane Carol Spruill, associate dean for public organization that attracts college treatment of animals. interest activities and special projects, students to commit several years to • Professor Sara Sun Beale, who talked at [email protected], and see teaching in the nation’s low-wealth about arguing cases before the U.S. www.law.duke.edu/publicinterest. public schools. Supreme Court for the government as • Josh Sugarmann, the executive a young attorney in the Office of the director of the Washington, D.C.- Solicitor General, and her work with based Violence Policy Center and several high-profile commissions on author of Every Handgun is Aimed at law reform efforts related to the You, who spoke about handgun control. federal government’s role in criminal • Duke alumnus and visiting professor justice matters. of law Garrett Epps ‘91, who • Professor Robert Mosteller, who spoke entertained a packed house speaking about his job with the Washington, about his book, To An Unknown God: D.C. Public Defender’s Office, and Religious Freedom on Trial. his more recent work as pro bono • Professor Pat Sullivan, a fellow at counsel for a man on North Carolina’s the W.E.B. Du Bois Institute for death row. Teach for America founder Wendy Kopp speaks Afro-American Research at Harvard about her memoir during a visit to Duke Law University, who spoke about her book School’s Public Interest Book Club last fall.

SPRING 02 • DUKE LAW MAGAZINE 7 Ideas That Matter Intellectual Life in High Gear at Duke Law School

What do a rock star, an environmental openly and where the mind can be stimulated on so many important and exciting topics.” scientist and a constitutional law In the fall of 2001, members of the Duke Law School scholar have in common? faculty played host to the world’s first-ever conference devoted solely to the topic of the public domain. Students They all made a visit to Durham in the fall of 2001 to and faculty organized a series of forums addressing legal attend academic conferences at Duke Law School. issues arising from the aftermath of September 11th. From intellectual property to corporate finance to Alumni returned to provide valuable perspectives on their international law and issues of national security, today’s experiences in the legal profession. Constitutional law most significant legal issues are being debated and scholars examined the political fallout of the Bush v. Gore developed by members of the Duke Law School community decision in a conference sponsored by the Duke Program and a broad array of visitors who come to the Law School in Public Law. And environmental scientists, policymakers to advance their understanding. and scholars came to campus for an interdisciplinary “The increase in the intellectual feel at the Law School program that discussed “certification institutions” and their is truly palpable,” said Peter Kahn ’76, a partner with effects on workers and the environment. Williams & Connolly in Washington D.C. and the chair of Already in 2002, Duke Law School has hosted the first the Law School’s Board of Visitors. “Duke is a place where in a new series of annual lectures in ethics sponsored by ideas matter, where differences of view are aired freely and alumnus and Senior Lecturing Fellow Allen G. Siegel ’60.

8 DUKE LAW MAGAZINE • SPRING 02 IDEAS THAT MATTER

The Global Capital Markets Center hosted a panel that technology is isolating, but the immediacy of this discussion of issues surrounding the economic crisis in technology extends the reach of the Law School beyond its Argentina. Law journal boards and their staffs have been physical bounds.” busy planning a series of events examining topics as With its combined intellectual and technological diverse as intellectual property, terrorism and executive expertise, Duke Law School consistently provides students, privilege. Public interest practitioners have shared their faculty, alumni and friends wide-ranging opportunities to experiences with students, faculty and staff. Professors engage in spirited debate about cutting-edge legal have opened their classrooms to students and opinion scholarship and theory. leaders across the world via the webcasting of “As a rich complement to our rigorous curriculum, their lectures. these conferences and seminars enable our students, In fact, thanks to the use of innovative educational faculty and alumni to share their diverse legal talents technologies at the Law School, the vast majority of and expertise on the important issues that are shaping conferences and other instructional seminars held on our time,” said Dean Katharine Bartlett. “This active campus are available for viewing via the web. exchange of ideas and opinions promotes the “The Law School has invested heavily in information intellectual atmosphere within the Duke community, technology, not for the bells and whistles, but in order to and signifies the ever-increasing impact that Duke Law make new forms of interaction possible,” said Wayne School is having on the thinking of the greater legal Miller, director of educational technologies. “Some say community worldwide.”

SPRING 02 • DUKE LAW MAGAZINE 9 Ideas That Matter

Intellectual Property

Who: Leading academics, musicians, scientists, filmmakers, recording industry executives What: The Conference on the Public Domain When: November 9-11, 2001

On November 9-11, 2001, Duke Boyle believes that Duke has had public domain genetic databases – that Law School hosted the first-ever a unique role in this area since 1981, allows us to go forward and create. conference devoted solely to the when David Lange published his pio- People have become more and more topic of the public domain. neering journal article, “Recognizing aware that the public domain is just as The conference was sponsored by a the Public Domain,” in Law & important to creativity as intellectual grant from the Center for the Public Contemporary Problems. “But the property is. They’re two sides of the Domain, a nonprofit foundation in event wasn’t just a 20th birthday party same coin. We need to spend as much Durham, N.C., founded by Bob Young for David’s ideas. It brought together attention thinking about, defining, and and Marc Ewing, who also founded people from many disciplines and many protecting the public domain as we do Red Hat Inc. Duke Law School countries. It was wonderful to see thinking about, defining and protecting Professors James Boyle, David Lange appropriationist artists mingling with intellectual property.” and Jerome Reichman led the chemists and computer scientists, The event was not, Boyle cautioned, conference, the largest ever at Duke lawyers talking to filmmakers and his- “something rooted in uncompromising Law School. torians, all finding that, in their differ- hostility to intellectual property.” “It was particularly nice to have ent fields, they were confronting the Quite the opposite: “This conference the conference at Duke,” Boyle said, same issues.” confirmed that the public domain plays “because it brought together contributions Indeed, the conference drew together a vital role in the intellectual property from each of us: Jerry’s work on the preeminent figures across disciplines system, not just what’s left over after science, databases, and computer soft- whose work impacts on how the public intellectual property is defined.” ware,my own work on the information domain is defined and understood, It was also a turning point in society, on the idea of the public including intellectual property and intellectual property scholarship, domain and the commons, and David’s biotechnology scholars from the law according to two attendees. work on protecting the public domain.” schools at Columbia (Eben Moglen), “The conference was an immensely Stanford (Larry Lessig), Berkeley important event in the intellectual history (Pamela Samuelson), Penn (Arti Rai) of the public domain,” wrote NYU Law and NYU (Rochelle Cooper Dreyfuss, Professor Yochai Benkler via email. “It Yochai Benkler); property and consti- allowed people from a wide range of tutional law scholars from Yale Law perspectives and disciplines to come School (Amy Chua, Carol Rose, Jed together to talk about the role of the Rubenfeld), as well as rock musicians public domain and to place it at the (John Perry, lyricist for the Grateful center of our understanding of the infor- Dead; Jenny Toomey) and recording mation and cultural production system.” industry executives (Cary Sherman). Mark Rose, professor and chair of the “For a number of reasons, people English Department at the University of have become more focused on the California-Santa Barbara, called the pub- importance of the public domain as a lic domain a subject whose time has come. component of creativity, as something “The Duke conference will go a long A film crew for Japanese public television that actually spurs creativity,” Boyle way toward crystallizing the need for aims its camera at rock musician Jenny said. “This is the raw material – what Boyle calls an “environmentalism” of Toomey (at left, in hat) while Cathy whether it’s ideas, or facts, or standard the public domain, a political movement Hazenzahl '01, and UNC professors Paul procedures in computer science, or to make the public domain visible. I Jones and Lolly Gasaway exit a session.

10 DUKE LAW MAGAZINE • SPRING 02 Intellectual Property IDEAS THAT MATTER

Who: Senior Fellows William Who: NYU Law Professor Friedman and Daphne Keller Yochai Benkler What: IP Symposia What: The Second Annual When: March 2002 Meredith and Kip Frey ’85 Lecture in Intellectual Property The Conference on the Public Domain spurred much activity in When: March 26, 2002 the area of intellectual property. William Friedman and Daphne Keller, NYU Law Professor Yochai Benkler, both fellows in intellectual property at an attendee and speaker at the An attendee at the Conference on the Duke Law School, each have organized Conference on the Public Domain, Public Domain checks out the Center for the Public Domain’s information table. conferences this spring. will deliver the Second Annual Friedman has invited panelists to Meredith and Kip Frey ’85 Lecture in examine the role of the Federal Intellectual Property on March 26. He Communications Commission in the will explore the implications of the think it’s possible that the conference digital era on March 25. Speakers emerging technological-economic con- itself will come to be seen as a major include NYU Law Professor Yochai dition for the core values of liberal turning point in intellectual property his- Benkler, Stuart Benjamin, law professor democracies in a lecture entitled, tory, an event comparable to the publica- at the University of Texas, and “Freedom in the Commons: Towards a tion of Rachel Carson’s Silent Spring in Michael L. Katz, deputy assistant Political Economy of Information.” 1962. At any rate, I hope this is the case.” attorney general for economic analysis Duke Law Professor James Boyle The conference received positive in the Antitrust Division of the U.S. said that Benkler’s talk will cover the reviews from various media. Patti Waldmeir Department of Justice. relationship between the Internet and of the Financial Times said the event “As the Internet grows in commercial liberal democracy and the market. brought together “an elite group of and cultural importance, and media “Most of the analysis in this field has intellectuals and scientists,” and Seth companies get larger, and telephone, been very simplistic,” Boyle said. “Optimists Shulman called the event “an extraordinary wireless, satellite and cable companies have claimed that the Internet will make meeting,” in a column in the March 2002 compete to deliver the same services,” perfect democracy possible by allowing issue of Technology Review magazine. said Friedman. “The panelists will each national business to be carried by virtual “In attendance were an eclectic array be asked to look into the future and town meetings. Pessimists have claimed of actors from distinct intellectual suggest what the FCC will look like in that it will separate us into insular com- property battles,” Shulman wrote. “It was the next few years.” munities, no longer linked by a national fascinating to see the sparks of common- Keller has organized The Music culture or a national media. Benkler’s ality among this diverse group. Warning and Theft Conference on March 30. It work is so interesting because he starts that greed and shortsightedness threaten will bring together artists and experts from the other end of the picture – he to despoil innovation the way a previous on the technological foundations and looks at the way that the Internet allows us frontier-minded generation despoiled the the artistic and cultural implications of to make things collaboratively, to organ- natural environment, a series of speakers sampling, along with experts on ize information without there being any urged the group to consider itself as an copyright law and licensing arrange- central agency that does the organization, environmental movement for the new ments, to discuss ways in which the law to assemble volunteer workers and hob- millennium – guarding collectively does and should affect sample-based byists and official sources into a web of against the encroachment of proprietary music. Among the expected speakers information and productivity.” intellectual property rights.” are Duke Music Professors Anthony The Frey Lecture in Intellectual Papers from the conference will be Kelley and Scott Lindroth, historian property was established in 2000 through published in an upcoming issue of Law David Sanjek and sampling artist a generous gift from Meredith and & Contemporary Problems. D.J. Spooky. Kip Frey ’85.

SPRING 02 • DUKE LAW MAGAZINE 11 Ideas That Matter

Public Law

Who: The Duke Program in Public Law What: The Law of Politics Conference When: October 11-12, 2001

The Duke Program in Public Law community of political scientists,” and held its third annual conference in “the most general constitutional the fall of 2001, focusing on “The culture, that is, the set of basic Law of Politics.” The event’s keynote assumptions that structure for almost address, held in conjunction with the all of us, citizens as well as academics, Law School’s annual Alumni our deepest understanding of what Leadership Weekend October 11 and constitutes the American polity.” He 12, also served as the 35th annual concluded that “‘law’ as we ordinarily Brainerd Currie Memorial Lecture. think of it, may be much less important Constitutional scholar Sanford V. than we might believe (or hope) with Levinson T’62, professor of law at regard to controlling politics, but ... that the University of Texas, delivered the law, as we rarely think of it, may have Currie Lecture. He examined the consti- us gripped within a constitutional iron tutional fallout of the 2000 presidential cage that makes it next to impossible to election in a talk entitled “Bush v. Gore engage in a cogent discussion of what Constitutional scholar Sanford V. and the French Revolution: A Tentative might ail the contemporary American Levinson T’62 opens The Law of List of Some Early Lessons.” polity and, concomitantly, what might Politics conference with the annual Brainerd Currie Memorial Lecture. Professor Levinson used Bush v. be needed by way of reforms.” Gore “as an entry-point into under- Other speakers included Duke Law standing American constitutional Professor Jeff Powell; John Ferejohn, judges – who are human beings, after culture(s),” including the “the culture of senior fellow at the Hoover Institution, all – think about the issues of the legal academy,” the “decidedly professor of Political Science at governance that come before the court,” different culture presented by the Stanford University and professor Schroeder said. “Less frequently of law at New York University; and noticed is that law also influences Elena Kagan, professor at Harvard politics in obvious as well as subtle Law School. ways. Such influences include effects of The conference examined the elections and first amendment law on relationship between law and politics, how campaigns are conducted, financed and the many ways that each influences and administered, and also more subtle the other, said Christopher H. Schroeder, effects stemming from how legal ideas, Charles S. Murphy professor of law such as the rule of law, have on what we and director of the Duke Program in expect of politics. The Law of Politics Public Law. conference brought together political Attendees at the Law of Politics “Politics influences law in ways both science and legal scholars to analyze conference confer between sessions: obvious and subtle, ranging from the these and other ways in which law (from left) Elena Kagan, Harvard Law changes that occur in the composition influences politics.” School; Bill Marshall, UNC School of of the federal courts through the The Duke Program in Public Law Law; and Sam Issacharoff, Columbia appointments process, to the impact is made possible by the generosity of University School of Law. that the political culture has on how Marcy and Richard Horvitz ’78.

12 DUKE LAW MAGAZINE • SPRING 02 Ethics and Responsibility IDEAS THAT MATTER

Who: Harvard Law Professor David B. Wilkins What: The inaugural Rabbi Seymour Siegel Memorial Lecture in Ethics When: February 7, 2002

David B. Wilkins, Kirkland & Ellis hemisphere, with only 29 percent in the to connect with their communities to Professor of Law and Director individual hemisphere. ensure the preservation of justice. of the Program on the Legal Looking at these two studies, “‘Hemispheres’ do not have to Profession at Harvard Law School, Wilkins wondered how minority challenge us if we recognize that more visited Duke Law School in lawyers fit into the hemispheres than being lawyers, we are people February 2002 to deliver the analysis and how the shift to corporate connected to deep and important inaugural Rabbi Seymour law implicated the access to legal communities,” he said. Siegel Memorial Lecture in Ethics. assistance for the general public, The Rabbi Seymour Siegel Entitled “Black Chicago Lawyers: including people of lesser means and Memorial Lecture in Ethics series is Four Generations in the Struggle to minority populations. made possible by the generosity of Integrate the Corporate ‘Hemisphere’ To answer these questions, Wilkins Duke Law School alumnus and Senior of the Bar,” the lecture reported his has spent the last few years interviewing Lecturing Fellow Allen G. Siegel ’60. follow-up research to two American more than 200 African-American It honors the memory of his brother, Bar Association studies of Chicago lawyers in Chicago and across the Rabbi Siegel, a noted scholar in the lawyers, one in 1975 and the second country. He is currently writing a book areas of medical and legal ethics, who in 1995. about his findings. To date, he has died in 1988. The 1975 study of 875 Chicago learned that although African- lawyers showed that once you knew Americans are now better represented the type of client a lawyer represented in the corporate hemisphere, they seem – a corporate client or an individual – largely to have been recruited from you could safely predict the lawyer’s minority law firms after achieving a religion, economic status, political high level of success, rather than affiliation, and more. The two resulting moving through the corporate law firm clusters of socioeconomic characteristics structure in the usual way. He suggested were then labeled the “corporate” and that this type of lateral hire might have “personal plight (or individual)” resulted from pressure from the ABA “hemispheres” of the organized to increase the number of minority Chicago Bar. partners at major firms. Despite this, The later ABA study undertook to Wilkins still recognized the potential review whether the “hemispheres” benefit of having more minorities in theory was still in play among Chicago decision-making roles in law firms, lawyers. The results of the 1995 study and speculated that this will have a supported the findings of the earlier positive effect on the firms’ minority study, but also revealed a startling hiring practices. shift of lawyers to the corporate hemi- In addition, Wilkins reported, his Professor David B. Wilkins discusses his sphere. Whereas in 1975, the corporate research reveals troubling questions interviews with more than 200 African- and individual hemispheres were about what the shift in numbers, both American lawyers in Chicago and across the nearly equal in size, each at about 50 generally and among black lawyers, country during the inaugural Rabbi Seymour percent of the total lawyer population, means to the ability of low-income Siegel Memorial Lecture in Ethics. in 1995, nearly 61 percent of the individuals to access legal representation. Chicago lawyers were in the corporate He noted that it is critical for lawyers

SPRING 02 • DUKE LAW MAGAZINE 13 Ideas That Matter

International Careers

Who: Duke Law alumni working abroad What: International Career Videoconference Series When: January-February 2002

Several Duke Law School departments, including the Office of Career Services, Department of Educational Technologies, Office of External Relations, the International Studies Department and the JD/LLM Program, combined forces to begin an International Career Videoconference Series in January and February 2002 that enabled students interested in inter- national careers to speak “face-to-face” with alumni working overseas. The series included three separate video- conferences featuring Erik Schmidt ’97, More than 40 students gather to hear Edward J. Flynn T’81 talk about his job at the Office of the U.N. High Commissioner for Human Rights in an associate at Credit Suisse First Geneva, Switzerland. Boston in Frankfurt, Germany; Charlie Broll ’97, an associate at Hunton & Williams in Hong Kong; and Edward J. In the first two videoconferences, “The International Career Flynn T’81, coordinator for Europe and Schmidt and Broll each spoke for about Videoconference Series provides a North America in the Office of the U.N. 15 minutes, and then engaged in Q&A significant resource to Duke Law High Commissioner for Human Rights with the 20 students in attendance – a students by introducing in tangible form in Geneva, Switzerland. mix of students seeking JD, JD/LLM, the different avenues and career paths and LLM degrees – who asked a diverse available in the international arena,” said array of questions about the overseas Garrett Wiener ’04. “If not for this work experience. program, many of the interested “Duke Law School is certainly students would not realize that these ahead of the curve,” said Lisa Wechsler, opportunities exist. It is hard to director of special international projects overestimate the effectiveness of this for the Law School. “With the aid of series, because there is no other reason- technology, our students were able to able substitute for speaking with and watch as Erik, Charlie and E.J. gave very asking questions of a ‘real-world’ detailed advice on the international professional who can relate their career search and also delved into the experiences, as they are living them Charlie Broll ‘97 answers a question from future prospects for law firms in Europe around the world.” a Duke Law School classroom from his and Asia. This type of programmatic If you are interested in taking part in office at Hunton & Williams in Hong Kong. impact cannot be undervalued at a international alumni/student events such school that prides itself on progress.” as these, please contact Lisa Wechsler, Duke Law School currently has director of special international projects, almost 500 alumni working abroad. at [email protected].

14 DUKE LAW MAGAZINE • SPRING 02 Enron IDEAS THAT MATTER

Who: Duke Law Professor Steven L. Schwarcz What: A discussion of lessons learned from Enron When: February 8, 2002

In February, Professor Steven L. conflicts of interest – of off-balance of business that has – Enron aside – Schwarcz opened his Duke Law sheet SPEs that were guaranteed, served us so well. To remain competitive School classroom to thousands of apparently without adequate in a global economy, we must favor law and business students, faculty disclosure, by Enron. flexibility over rigidity, innovation over and professionals around the world “The underlying problem is that consistency – even at the risk of for a live webcast of a special presenta- Enron seemed to devote much more another Enron.” tion examining issues surrounding energy to creative accounting than Enron Corporation’s use and abuse of to making a profit to account for,” special purpose entities (SPEs) and said Schwarcz. off-balance sheet accounting. In addition to members of the Schwarcz is regarded as one of the Duke community, students and, in leading authorities in the field of some cases, faculty from Penn, innovative structured finance. His Berkeley, Georgetown, Harvard, textbook, Structured Finance: UNLV, Vanderbilt, Wake Forest and A Guide to the Principles of Asset Yale tuned in live for Schwarcz’s Securitization, just came out in its lecture, along with corporate finance third edition in January 2002. lawyers and practitioners worldwide “Although Enron is a heavily (informed of the lecture through discussed topic, there is little focus on an international listserv on structured Duke Law School Professor the actual issues at the heart of the finance) and members of the Steven L. Schwarcz, a top authority controversy. I therefore felt it was financial media. on innovative structured finance, important to involve as many “It’s wonderful to have the speaks about Enron Corporation on February 8. audiences as possible in our classroom opportunity to educate such diverse conversation about these issues,” said audiences from the classroom Schwarcz. “The way that Enron used podium,” continued Schwarcz. and sometimes abused structured “People are looking for the lessons finance is at the heart of the current to be learned from Enron, and we inquiry, with widespread implications.” were able to engage in a wide-ranging, Schwarcz, who was asked by but informed, discussion of that topic.” Congress to testify as an expert in late Among the lessons learned to date January on a special area of inquiry from Enron, Schwarcz questioned the surrounding Enron’s bankruptcy, is rush to judgment of current corporate currently writing an article on the use norms and structures. and abuse of special purpose entities in “I don’t believe that Enron corporate structures, looking at Enron represents a systemic problem,” More than a full classroom heard as one example. In his presentation, he Schwarcz said. “The existence of fraud Schwarcz’s thoughts on Enron – his reviewed the potentially manipulative and bad judgment should not, in and lecture was broadcast live over the world wide web. transactions entered into by Enron of itself, be a basis to change the legal, through the misuse – fostered by financial and accounting infrastructure

SPRING 02 • DUKE LAW MAGAZINE 15 Ideas That Matter

Environmental Solutions Administrative Law

Who: The Duke Center for Environmental Solutions Who: Duke Law Journal What: Colloquium on Environmental Law & Institutions What: 32nd Annual When: December 7-8, 2001 Administrative Law Conference

When: March 29, 2002 In December, Duke Law School “This event enjoyed a terrific hosted the Duke Center for confluence of academic experts and Environmental Solutions’ practitioners to study a fascinating new Seventh Annual Colloquium on trend,” said Duke Law Professor The Duke Law Journal’s 32nd Environmental Law & Institutions. Jonathan Wiener, who runs the annual Annual Administrative Law This interdisciplinary conference Colloquium series and the Center for Conference on Friday afternoon, brought together scholars, policymakers, Environmental Solutions. “The Duke March 29, will examine executive business leaders and non-government Project on Certification Institutions is privilege in the Clinton and George W. organization activists to discuss the contributing major new insights on how Bush administrations. Papers are to be burgeoning new field of “certification these certification systems are unfolding presented by political scientists Mark J. institutions” and their effects on and changing the way companies Rozell and Louis Fisher. workers and the environment. do business.” The Duke Law Journal hosts a The conference examined the rapid conference addressing a current issue emergence and impacts of certification in administrative law each year and the programs, including the chemical event has become one of the most industry’s Responsible Care program, prestigious scholarly forums devoted a variety of initiatives to certify forest exclusively to administrative law. Past products as “sustainably harvested,” participants have included U.S. Supreme and the movement to ensure that Court Justice Antonin Scalia, Judge clothing, coffee and other merchandise Kenneth Starr ’73, Judge Patricia is not produced by sweatshop labor. Wald, Judge Abner Mikva, and law “Businesses are starting to provide professors Walter Dellinger and much more information about the Cass Sunstein. processes by which products are made This year’s speakers, Rozelle, overseas – processes that may not be associate professor of politics at the visible to consumers and shareholders. Catholic University of America, and These certification systems are Fisher, senior research specialist in potentially a new form of governance separation of powers at the Congressional between traditional government Research Service of the Library of regulation and market signals,” said Congress, have authored numerous Professor Ronie Garcia-Johnson of books on executive privilege. In his Duke’s Nicholas School of the writings, Rozell advocates executive Environment and Earth Sciences, (from left) Ann Florini, Michael Allen and privilege as a legitimate presidential who organized the Duke Project on Paul Rice Transfair talk during a session power, while Fisher believes that a on the role of non-government Certification Institutions with faculty organizations during the Duke Center more restrained approach, tempered by colleagues Gary Gereffi and for Environmental Solutions’ Seventh Congress through the exercise of its Erika Sasser. Annual Colloquium on Environmental powers, is needed. Law & Institutions.

16 DUKE LAW MAGAZINE • SPRING 02 Supreme Court History IDEAS THAT MATTER

Who: The Honorable William H. Rehnquist and a host of Duke Law faculty and alumni What: Alumni Weekend When: April 12-14, 2002

Included in the mix of activity at this spring’s Law Alumni Weekend are three star-studded academic programs. Participants offering commentary In the first of a new series of lectures on the key papers are to include entitled “Great Lives in the Law” Christopher H. Schroeder, Charles S. sponsored by the Duke Program in Murphy professor of law at Duke Public Law, The Honorable William H. William H. Rehnquist, Chief Justice of the Law School; Terry Sullivan, from the Rehnquist, Chief Justice of the United United States, will speak to the Duke UNC-Chapel Hill Department of States, will discuss the history of the community during Alumni Weekend. Political Science; and Michael C. Supreme Court, looking in particular at Munger, chair of the Duke University the role of the chief justice and the men Department of Political Science; and who have held the position, from John Jay In addition to Chief Justice William P. Marshall, UNC School to Harlan Stone to Rehnquist himself. Rehnquist’s presentation, The Global of Law. The “Great Lives in the Law” series Capital Markets Center is sponsoring a “Focusing on executive privilege will feature this country’s most distin- discussion of the legal consequences of allows us to assess both the Clinton guished jurists, attorneys general and the Enron inquiry, featuring Duke Law and Bush administrations through a other high public officials, whose insights Professors Jim Cox, Deborah DeMott number of analytical lenses – historical, about great figures in the law, and about and Steven Schwarcz, and Duke Law legal, and political,” said Lisa Campoli their own lives, are intended to deepen alumnus Stephen Labaton ’86, regulatory ’02, executive editor of the Duke Law the understanding of the role of lawyers agencies correspondent of The New York Journal and one of the conference in this society, and to promote respect for Times.Professors Cox and Schwarcz organizers. “Mark Rozell and Louis law among law students, lawyers and the have participated in the national debate Fisher are the foremost experts on public. The Honorable Sandra Day over Enron with contributions to Time, executive privilege and we are especially O’Connor has accepted an invitation to Newsweek, The New York Times, excited that as political scientists, visit Duke as part of this series in Spring Euromoney, CNN, CNNfn and NPR. they will make our conference more 2003. Separately, the Honorable Anthony Professor Schwarcz submitted written interdisciplinary and more accessible Kennedy is expected to visit the Law testimony to Congress on a special to students, faculty and alumni School in Fall 2002. area of inquiry surrounding Enron’s throughout the Duke community.” “Chief Justice Rehnquist’s own three bankruptcy. decades on the Supreme Court have For those interested in a discussion themselves constituted a ‘life in the law’ about national security in the wake of – richer, fuller, and more consequential September 11th, Professors Walter for the nation and for the Constitution Dellinger and Christopher Schroeder and than nearly any comparable period in the former White House Counsel A.B. life of the nation itself, since the time of Culvahouse will present a panel discussion John Marshall,” said Duke Law entitled “Presidential Authority in a Professor William Van Alstyne. “There Time of Crisis: Executive Privilege, could be no more appropriate figure than Secrecy and the Ability to Wage War,” he to inaugurate this new series of public examining executive privilege, foreign lectures at Duke Law School. We are affairs and secrecy issues faced by the extraordinarily fortunate to have him.” administration during a time of crisis.

SPRING 02 • DUKE LAW MAGAZINE 17 RULES OF ENGAGEMENT

Duke Law faculty provide leadership on issues raised by the

18 DUKE LAW MAGAZINE • SPRING 02 DUKE LEADERSHIP

events of September 2001 Terrorism • Mass Tort Compensation Military Tribunals • Civil Liberties

Since the tragedies of September 11, 2001, Duke Law School faculty have been extraordinarily active in helping to clarify the many challenging legal and political issues raised by the terrorist attacks. In numerous Law School and University forums and panels, and through innumerable contacts with local, national and international media, a number of Duke faculty has shared their experience with students, colleagues, alumni, and worldwide audiences. Well before the Bush administration’s announcement of its intention to establish secret military tribunals, Professor Robinson O. Everett, founder of the Center on Law, Ethics and National Security, began to identify the jurisdictional issues the United States would face in deciding where and how those responsible for terrorism would be tried. “One of the interesting things to consider is whether or not an undeclared war – a ‘war on terrorism’ – would provide the underlying jurisdictional basis for using military tribunals to try terrorists, as they were used in World War II, which of course involved a declared war,” he said. Professor Everett has appeared in the pages of The New York Times (see excerpted piece) and was interviewed by Sam Donaldson on his weekly radio show for ABC News, both times about the legal situation involving the trial of John Walker Lindh.

SPRING 02 • DUKE LAW MAGAZINE 19 James D. Cox Brainerd Currie Professor of Law – As seen in Newsday, from wire reports, September 18, 2001

In a twist almost as diabolical as the acts themselves, it appears terrorist organizations might actually have made money as a result of their attacks on the World Trade Center and the Pentagon.

In the days before the attacks using hijacked United and American airlines jets, trading skyrocketed in options that bet on a drop in the stocks of their parent companies, UAL Corp. and AMR Corp. Sharply higher trading also was recorded in so-called put options on shares of large insurance and brokerage companies, which fell precipitously in the wake of the disaster.

“They not only set out to destroy capitalism, but also to beat us at our own game,” said Duke University law professor James Cox. “These are people who hate capitalism and see that you can turn capitalism against itself.”

Duke Law Professor Francis proposed compensation procedures. the Senate Judiciary Committee in McGovern, an internationally Professor McGovern subsequently November 2001 about the use of known expert on court-administered worked with the American Bar military tribunals to try suspected compensation systems, highlighted a Association and the Association terrorists (see excerpted piece). number of questions left unanswered of Trial Lawyers of America to provide Professors Christopher Schroeder by the swiftly enacted September advice to the Justice Department and Walter Dellinger, too, have spoken legislation addressing victim compensation. on these and other ambiguities in regularly with NPR, and together they These questions include whether gifts of the legislation. published an op-ed in December 2001 charity received by victims would count Professor Scott Silliman, executive in The Washington Post (see excerpted as a “collateral source” to be deducted director of the Center on Law, Ethics piece). Professor Schroeder traveled to from any compensation that might be and National Security, has spent New York in December with Professor paid through the federal system, what countless hours with the national and Bruce Jentleson, director of the Terry conceptual approach would be used to international media, shedding light on Sanford Institute of Public Policy, to determine award amounts, and whether the legal issues surrounding the attacks speak with the Duke University improperly filed or incomplete claims in Afghanistan and, in particular, the Metropolitan Alumni Association would be accepted for purposes of use of force resolution and issues of about the legal and political issues beginning the running of short time detainment and jurisdiction. Professor raised by the events of September 11th, periods under the legislation. Silliman continues to be a regular and in January 2002, he was a panelist at “And how would eligibility be contributor to CNN (see excerpted an event sponsored by the Mecklenburg determined?” asked McGovern. “In piece) and NPR, and has appeared on County Bar Association in Charlotte, particular, what is meant by the terms CBS’s The Early Show, KLIF-Dallas N.C. that explored the tension between ‘present at’ any of the 9/11 crash sites, and WRVA-Richmond radio. His work civil liberties and national defense. and ‘in the immediate aftermath’ of the in broadcast media is in addition to Professor Michael Byers, currently a crashes when used to determine hundreds of mentions in newspapers and visiting fellow at Keble College, Oxford, eligibility for compensation?” magazines across the world, including England for the 2001-02 academic These issues eventually emerged as Time, Newsweek, The New York Times, year, has appeared in the pages of major objects of discussion in the The Washington Post, Dallas Morning numerous overseas papers, including rulemaking process set up by the News, and The News & Observer. the Financial Times, The Independent Department of Justice to clarify the Professor Silliman also testified before and The Guardian,which published an

20 DUKE LAW MAGAZINE • SPRING 02 op-ed Byers wrote addressing the legal “We do this by engaging in the effort to Comparative & International Law status of detainees in Cuba (see provide security, by seeking means sponsored an informal debate about excerpted piece). Professor Jerome Culp that also protect individual rights” U.S. law and policy in response to offered his recommendations for the (see excerpted piece). terrorism moderated by Duke Law treatment of suspected terrorists in the In addition to the involvement of Professor Madeline Morris, featuring

The News & Observer in December (see professors in faculty-led panels and Professor Ruth Wedgwood of Yale Law DUKE LEADERSHIP excerpted piece). seminars on campus, Duke Law School School and Professor Michael Scharf Professor James Coleman, senior students have organized their own T’85 L’88 of New England Law School associate dean for academic affairs and discussions. For example, as part of the (see excerpted piece). an expert in the areas of ethics and first-ever International Week in the fall constitutional law, has spoken frequently of 2001, Randall Cook ’04 and about the difficult balance Americans Timothy Kuhner ’04 led an open forum The excerpted pieces included in this must strive to achieve when weighing discussing the legality and efficacy of article are a sampling of the many the balance between civil liberties and the the military strikes launched by the United contributions Duke Law School’s faculty fears of a nation endangered by terrorism. States against Afghanistan in response and students have made, and continue to “Those of us who care about civil to the attacks (see excerpted piece). make, to the current discussion of issues liberties have an obligation to make Duke’s law journals also have lead that are never far from any of our minds. civil liberties relevant to the reality with events addressing terrorism issues. In For more information, please visit our which people are struggling,” he said. February 2002, the Duke Journal of web site, www.law.duke.edu.

James E. Coleman Jr. Senior Associate Dean of Academic Affairs and Professor of the Practice of Law – Remarks from ‘National Security vs. Civil Liberties: How to Strike the Balance?’ forum at the Law School, October 2, 2001

In defending civil liberties, we can’t ignore the legitimate concerns that people have about safety. We can’t afford to defend individual rights simply by criticizing and opposing those who propose things that we think threaten them. We have to realize, for example, that people today are genuinely afraid for their safety, and that the fear is legitimate. If we simply oppose every outrageous proposal that’s made to secure our safety, without being willing to offer acceptable alternatives that address the legitimate fear, we run the risk in the long run of undermining civil liberties by making them appear to be in opposition to safety and security.

Those of us who care about civil liberties have an obligation to make civil liberties relevant to the reality with which people are struggling. We do this by engaging in the effort to provide security, by seeking means that also protect individual rights.

Those directly responsible for national security also have an obligation not to make the ACLU and others concerned about civil liberties the bad guys, because that only under- mines individual rights. Both sides have to engage each other in the pursuit of what should be our common goal of ensuring national security and preserving individual rights.

Critics on both sides must enter the arena of battle and not merely respond to each other on such a level of abstraction that all of us become irrelevant.

SPRING 02 • DUKE LAW MAGAZINE 21 Christopher H. Schroeder Charles S. Murphy Professor of Law and Director of the Duke Program in Public Law and Walter E. Dellinger III Douglas B. Maggs Professor of Law

– Excerpted from ‘The Case for Judicial Review,’ as seen in The Washington Post, December 6, 2001

In spite of understandable concerns of civil libertarians, military commissions clearly have a constitutional role in trying those accused of acts of war against the United States. It is possible, however, to mitigate the threat to the rule of law posed by the use of military courts.

At least three significant changes should be made by the president – or by Congress – in the president’s recent military order establishing plans for military trials. First, such trials should be possible only for a narrow set of cases; second, procedures should be designed to determine fairly whether the persons accused are in fact guilty terrorists; third – and most important – some form of judicial review must be provided. Christopher H. Schroeder

... Military trials commissioned by the president have occurred since the beginning of the republic. In time of war, they represent an effective means of dealing with hostile combatants – especially those captured on foreign soil – free of evidentiary rules designed to serve the social goals of ordinary times. Military commissions can function partially or entirely in secret, avoiding disclosure of information that would compromise intelligence sources or reveal vulnerabilities in our defenses. And they can be expeditious.

The threat to civil liberties in their use is always present, but it can be reduced by careful changes in the president’s plan. Congress has clear authority to make such alterations. ...

Congress should also address the disturbing notion that procedures for determining guilt or innocence Walter E. Dellinger III can be truncated because terrorists attacking the United States deserve no better. That sentiment may well be true: The problem is that we can’t know in advance whether the person brought before the tribunal is indeed such a person. In addition, the order itself calls for full and fair trials but leaves the procedures for ensuring that these occur entirely up to the Department of Defense. That is why Congress should carefully review the procedures to be used in these trials.

By far the most important change needed in the president’s military order is to reverse its sweeping and unjustified ban on any judicial review of the military proceedings. As it stands, the only review provided for is by either the secretary of defense or the president.

Even if the president were validly exercising his power to suspend the privilege of habeas corpus, it cannot be constitutional to exclude the courts altogether. The attempt to do so might in fact come back to haunt the government, because any federal judge might assert the inherent constitutional power of the courts.

The president and Congress would be well advised to provide for judicial review by a single designated federal appeals court, a special panel of judges established for the purpose or by the Supreme Court itself. Secret evidence alleged to be material to a conviction could be reviewed in camera by the judges or the justices.

Independent review outside the executive branch is essential if the nation is to be assured that such military commissions are fairly designed to ascertain guilt and are limited to the extraordinary circumstances that alone can justify their use.

22 DUKE LAW MAGAZINE • SPRING 02 Students Debate U.S. Response to Attacks

As a part of Duke Law School’s first-ever which details the circumstances under International Week last fall, Duke Law which a nation can respond in self-defense students led an open forum discussing to an armed attack, as the legal underpin- the legality and efficacy of the U.S. military nings of the U.S. response. DUKE LEADERSHIP action in Afghanistan in response to “The 11 September attacks and the attacks. subsequent U.S. actions satisfied all About 75 students, faculty and staff requirements of these bodies of law,” Randall Cook ‘04 members attended the forum, moderated Cook said. “Our allies, the U.N. Security by Duke Bar Association Vice President Council, and the international community Amy Pines ’03. Students Randall Cook ’04 have recognized our ability to exercise and Timothy Kuhner ’04 opened the this right. … discussion by presenting opposing view- “The fundamental duty of government points on the U.S. response. is to secure the rights and security of its Cook, whose position was that military citizens. When these interests are threat- action against Afghanistan was an ethically ened by parties that respond only to and legally justified response to the superior force, the government is obligated September 11th attacks, spoke first. He to employ that necessary force. Based upon presented evidence linking the Taliban the Taliban’s complicity in years of repeated, regime as complicit in, and even liable escalating attacks on American citizens Timothy Kuhner ‘04 for, the attacks. and interests and that regime’s refusal to “The Taliban has been a knowing and sever its ties with the sponsors of these Arnold Schwarzenegger fantasy world that known accomplice in [Osama] bin Laden’s attacks, the U.S. government is obligated entraps our nation, precluding our criminal actions at least since 1998,” Cook to respond with decisive military action.” capacity to achieve our goals. said. “Additionally, the Taliban are know- In his remarks, Kuhner pondered “In the case of Afghanistan and the ing members of a conspiracy to commit whether such action was effective. attacks of September 11th,” Kuhner terrorism. Though they may not have “To declare war on terrorism will not continued, “we must focus on the causes specifically known or intended the exact achieve our mid- and long-term goals,” of the terrorist acts: poverty, religious consequence of the 11 September attack, he said. The question becomes, after the fanaticism, and reasonable perceptions it was certainly a crime committed in Taliban, then who? As with the war on of U.S. foreign relations impropriety. In pursuance of their terrorist conspiracy with drugs, until we eliminate the demand, an economic void, where misery weighs bin Laden.” we will not eliminate the supply. We must heavy on most citizens, zealots have Cook cited international law and design our actions in accordance with the sufficient fodder to convince a suffering Article 51 of the United Nations Charter, actual world of human dynamics, not the populace.”

Robinson O. Everett Professor of Law; Founder, Center on Law, Ethics, and National Security – As seen in an article by Katharine Q. Seelye in The New York Times on December 20, 2001

Robinson O. Everett, a professor at Duke University Law School and former chief judge of the Court of Military Appeals in Washington, D.C. said: “If I were the president, I’d look at the facts and decide what legal protections could be afforded without jeopardizing the purposes of justice. And if the evidence is easily accessible and could be brought to the United States, I would try [John Walker Lindh] in Federal District Court, otherwise in a general court martial or a military commission,” which is the same as a tribunal.

SPRING 02 • DUKE LAW MAGAZINE 23 Jerome M. Culp Jr., Professor of Law – from ‘Bad Idea Divides Us,’ as seen in The News & Observer, December 16, 2001

...[U.S. Attorney General John] Ashcroft has requested that 5,000 primarily Middle Eastern men aged 18 to 33 “voluntarily” submit to interviews with local law enforcement. Many of them are subject to provisions of the recently passed anti-terrorist legislation that permit the lengthy detainment of visa holders. Exactly what voluntary means in this context is unclear at best. Some police departments, including Portland, Ore., and Madison, Wis., have refused to participate because such interviews violate local law and policy against racial or religious profiling. These resisters are more faithful to the ambitions of our Constitution than are some of the Justice Department’s anti-terrorism policies.

...Racial profiling happens because of notions of inferiority reflected in Americans’ acceptance of slavery and immigration policies. In the famous Dred Scott case, Chief Justice Taney held that African-Americans had no rights that whites need respect. Citizenship has been used at least since Dred Scott to limit the rights of nonwhites.

Some will claim this history is irrelevant, that interviewing Middle Eastern men is simply a response to exigent circumstances. However, some of the most notorious terrorists of our generation have been white men. Timothy McVeigh, the Unabomber and Eric Rudolph all engaged in terrorist attacks of monumental scope. But no one has argued that white men between ages of 18 and 33 in the underground militias should be interviewed.

Indeed, if another Timothy McVeigh were to blow up another federal building, isn’t it clear that we would likely start rounding up more Middle Eastern men just as we did initially after Oklahoma City? We did not interview 5,000 white male militia members because we thought law enforcement resources should be used in better ways, and because U.S. citizens still think white men have rights that are due respect. We do a great injustice to our brothers who are Muslim when we don’t treat them with respect, and we betray the precious liberties that people of all faiths and races have fought to protect and achieve. ...

Legal and Political Responses

In February, the Duke Journal of Comparative peremptory self-defense. In responding to an audience member’s & International Law held a panel discussion Wedgwood said that the lesson of question, Wedgwood said the U.S. wasn’t on the legal and political responses to September 11th is that the U.S. can’t be proactive enough in responding to the first terrorism. Yale Law School Professor Ruth multilateral in all things. “At least in multilateral attack against the World Trade Center in 1993. Wedgwood and New England Law School settings, we get outvoted – one island, one “We treated [that bombing] as a multiple Professor Michael Scharf T’85 L’88 engaged in vote,” she said. “Europeans would rather homicide,” she said. “In 1993, they meant to an informal debate, moderated by Duke Law have us be the bully so they can cluck their topple the buildings. They just weren’t very School Professor Madeline Morris. tongues at us.” good at it. They got better with time.” “With the events of September 11th still Scharf cautioned against an expansive so vivid, we thought that there had never interpretation of Article 51, the part of the been a better time to host a discussion on United Nations charter that allows a country an international issue that is timely and to respond in self-defense after it has been controversial,” said Sarah Pfuhl ’02, editor-in- attacked. The U.S. would not want to alienate chief. “Instead of just inviting a speaker to itself from its allies in the coalition fighting present a prepared speech, we decided to terrorism, he said. invite two law professors who approach these “Yes, Article 51 is there,” he said. “We issues from very different perspectives.” used it correctly against Afghanistan, but if Wedgwood and Scharf, who have we’re going to use it again, we better have debated each other before, argued the pros the clear and convincing evidence – as we did Duke Law Professor Madeline Morris, center, and cons of a unilateral vs. a multilateral against Iraq in 1983 – or a parade of diplo- moderates a debate on responses to terrorism response to terrorism and the legality of matic bad things will befall our country.” between Michael Scharf T’85 L’88, left, and Ruth Wedgwood.

24 DUKE LAW MAGAZINE • SPRING 02 Michael Byers, Associate Professor of Law

– From ‘U.S. Doesn’t Have the Right to Decide Who is or isn’t a PoW: Ignore the Geneva DUKE LEADERSHIP Convention and We Put Our Own Citizens in Peril,’ as seen in The Guardian, January 14, 2002

Would you want your life to be in the hands of U.S. secretary of defense Donald Rumsfeld? Hundreds of captured Taliban and al-Qaida fighters don’t have a choice. Chained, manacled, hooded, even sedated, their beards shorn off against their will, they are being flown around the world to Guantanamo Bay ...

Since Guantanamo Bay is technically foreign territory, the detainees have no rights under the U.S. Constitution and cannot appeal to U.S. federal courts. Any rights they might have under international law have been firmly denied. According to Rumsfeld, the detainees “will be handled not as prisoners of war, because they are not, but as unlawful combatants.”

This unilateral determination of the detainees’ status is highly convenient, since the 1949 Geneva convention on the treatment of prisoners of war stipulates that PoWs can only be tried by “the same courts according to the same procedure as in the case of members of the armed forces of the detaining power.” The Pentagon clearly intends to prosecute at least some of the detainees in special military commissions having looser rules of evidence and a lower burden of proof than regular military or civilian courts. ...

The Geneva convention also makes it clear that it isn’t for Rumsfeld to decide whether the detainees are ordi- nary criminal suspects rather than PoWs. Anyone detained in the course of an armed conflict is presumed to be a PoW until a competent court or tribunal determines otherwise. The record shows that those who negotiated the convention were intent on making it impossible for the determination to be made by any single person.

... [T]he convention has to be interpreted in the context of modern international conflicts, which share many of the aspects of civil wars and tend not to involve professional soldiers on both sides. Since the convention is designed to protect persons, not states, the guiding principle has to be the furtherance of that protection. This principle is manifest in the presumption that every detainee is a PoW until a competent court or tribunal deter- mines otherwise.

...Even if the detainees were not PoWs, they remain human beings with human rights. Hooding, even temporarily, constitutes a violation of the 1984 convention against torture and cruel, inhuman or degrading treatment. Apart from causing unnecessary mental anguish, it prevents a detainee from identifying anyone causing them harm. Forcefully shaving off their beards constitutes a violation of the right to human dignity under the 1966 international covenant on civil and political rights. Forcefully sedating even one detainee for non-medical reasons violates international law. Although strict security arrangements are important in dealing with potentially dangerous individuals, none of these measures are necessary to achieving that goal. If human rights are worth anything, they have to apply when governments are most tempted to violate them.

There are many reasons why these and other violations are unacceptable. The rights of the detainees are our rights as well. Yet international law can be modified as a result of state behavior. If we stand by while the rights of the detainees are undermined, we, as individuals, could lose. ...

SPRING 02 • DUKE LAW MAGAZINE 25 SILLIMAN: Yes, you’re exactly correct, O’BRIEN: And that would be difficult Scott Silliman Miles. because that might have been an Professor of the Practice of Law; improperly obtained, essentially, confession, I think what the government is going to do then? Is that what you’re saying? Executive Director, Center on Law, is first of all put in some kind of actual Ethics and National Security evidence concerning his capture to prove SILLIMAN: Yes, it is. And I’ll put on my that he was with the Taliban forces. That’s defense hat now, Miles, and suggest that if – As seen on CNN Saturday Morning the predicate. Then the CNN tape will I’m the defense, that’s the statement I want News, January 26, 2002 probably come in. I think the government to attack, that FBI statement, because, wants to put that in because Walker does again, that runs towards the principal MILES O’BRIEN: The charges against John acknowledge his ties with al Qaeda offense of conspiracy. And what I would Walker Lindh include conspiracy to kill training, the terrorist groups, how he got suggest is that it wasn’t a knowing and Americans. This morning we’ll take a look to Afghanistan. voluntary waiver of his rights. You’ll notice at the legal maneuvers prosecutors and that [Lindh attorney] Mr. [James] Brosnahan, defenders might use in trying this case. I think that tape will probably come in. It at the initial hearing, really launched his wasn’t questions asked by the government. first salvo for the defense by suggesting that Scott Silliman is joining me from Durham, It was a commercial concern. The only test Walker had been asking for an attorney North Carolina. He is executive director of will be reliability. I think a judge will let that from two days after he was captured. That the Center on Law, Ethics and National go to the jury. The government’s then means there’s a presumption that that Security at Duke University. Good to have going to try to get in the admissions to the request for counsel was known by the you with us. FBI. That’s the more difficult one, Miles. government, whether it’s military or FBI That’s the one where you’ve got admis- really doesn’t matter; collectively, the SCOTT SILLIMAN: Good morning, Miles. sions that really go to the government’s government was aware of that. And then principal charge of conspiracy to kill a U.S. the defense will say why was it only eight O’BRIEN: All right, let’s start off as prosecutor. national overseas. Those are the admis- days later that he supposedly waived his Put your prosecutor hat on, the P-hat, if sions that the government drastically needs right? The defense will put a very tough you will. How would you go about proving to get in to prove its case. burden on the prosecution as far as show- this case? It seems as if a lot rests on that ing that that statement to the FBI was truly videotape that – those statements made voluntary. And again, without that state- that CNN obtained exclusively which were ment, the government’s case as to the very damning storms. principal charge will be very, very difficult.

Scott Silliman jus in bello – do not occur within a vacuum; they must by definition occur within the context of a recognized state of armed conflict. I – From testimony before the U.S. Senate Judiciary maintain that at shortly before 9:00 a.m. on the morning of Committee, November 28, 2001 September 11th, we were not in a state of armed conflict and we did not enter into such a state until sometime thereafter. Therefore, Customary international law clearly recognizes the authority of a with regard to the attacks of September 11th, the principal event military commander to use military tribunals to prosecute offenses prompting our armed response in self-defense against Osama bin against the jus in bello occurring during an armed conflict. The jus Laden and the al-Qaeda organization in Afghanistan, these are in bello, regulating how war should be conducted, differs from the clearly acts of terrorism in violation of international law, but not jus ad bellum, which governs when the use of force is permissible necessarily violations of the law of war. If my premise is correct, then by one state against another. Our history is replete with instances of it presents an impediment to using military commissions for the trial military tribunals being used to deal with violations of the jus in of those charged with or complicit in those particular attacks, as bello in times of armed conflict, with the trials of General Yamashita distinguished from charges relating to later events. Some may argue and the German saboteurs during World War II being the most that the events of September 11th demand a reappraisal of existing recent examples. customary international law concepts with regard to the distinction between state and non-state actors and that, irrespective of whether My concern with regard to the legal predicate for the application of the attacks were carried out by one, 19, or a greater number of the president’s military order is that violations of the law of war – the terrorist non-state actors, these attacks should be considered, at the

26 DUKE LAW MAGAZINE • SPRING 02 O’BRIEN: You know, this case sort of resided O’BRIEN: One final thought. This, at least to date in the murky world halfway between to me, seems like it has plea bargain the military justice system and the civil justice written all over it. system. It has ended up in the latter. Could that be used by the prosecution as a way of SILLIMAN: I totally agree, Miles, and I have DUKE LEADERSHIP explaining why he did not have any access been suggesting all along that the charges to an attorney? In other words, we presumed of assisting and aiding terrorist groups … him to be a detainee or prisoner of war and are probably fairly easily proved by the thus he was not afforded the kinds of things government. The conspiracy charge is not. you would be afforded if you were arrested I would think that the defense might plead here in the U.S. him guilty to the lesser charges if the government agrees to drop the conspiracy SILLIMAN: You’re exactly correct, Miles. charge. We might end up with 10 to 20 A conference, sponsored principally by the Law While he was being interrogated by military years in prison. I think that’s the way it’ll School’s Center on Law, Ethics and National intelligence officials, he had no right to probably end up. Security, is entitled “Security Challenges After counsel. He didn’t have to be advised of his September 11th: National and International rights. When the FBI started questioning O’BRIEN: All right, thank you very much, Perspectives” and will probe the nexus between him on the ninth of December, of course, he counselor. We appreciate the free legal law, ethics and policy regarding responses by the was. And they apparently advised him of his advice. Scott Silliman with Duke University, global community to the continuing threat of rights and he waived those rights. Now, the always appreciate your time. terrorism. Speaking at the conference on April 11 problem is that the government’s got to and 12 at the Washington Duke Inn will be the show that when you switch from intelligence SILLIMAN: Thanks, Miles. Honorable Nabil Fahmy, Egyptian ambassador questioning to criminal law questioning, a to the United States; James Pavitt, the CIA’s criminal investigation, that Walker actually Excerpt reprinted with permission. director of operations; and many more understood the difference. And again, that’s Not for reproduction or unauthorized use. distinguished scholars, policymakers and where that comment that he apparently commentators. According to Professor Silliman, made way back on the second day of his “this conference will bring together the foremost capture that he wanted a lawyer, the experts from the administration, the international government’s going to have to show that he community, and academia to pursue an clearly changed his mind. It’s a burden interdisciplinary approach to the issues associated they’re going to have to overcome. with responding to the terrorist threat.”

instant they occurred, as nothing short of an act of war. I am It was but five years ago that the United States roundly condemned unwilling to concur in that argument and, as will be discussed later, the conviction by a military tribunal in Peru of New York native Lori I believe the answer to this problem lies in legislation rather than Berenson on charges of terrorism. Through official channels, we an instantaneous sweeping aside of longstanding principles of requested that she be retried in a civilian court because of the lack customary law. of due process afforded her in the tribunal. Our cries of unfairness were echoed by United Nations officials who openly criticized Peru’s (Professor Silliman, in a later part of his testimony, addressed a key anti-terrorism military courts. There seems little difference in the policy concern:) measure of due process afforded Berenson in Peru and what is called Acknowledging that none of the prosecutorial forums is optimal, for under the president’s military order, and I believe this opens us but that the two most feasible are trials in our federal district courts to a charge of hypocrisy from the international community. The force and trials by military commission, the president clearly signaled his of this criticism could be lessened if those who advise the secretary intent on November 13th to use the latter. I suggest that this choice of defense counsel him to ensure a high level of due process in the may entail costs which outweigh the benefits, notably with regard to regulations establishing the commissions, but the charge laid against commissions sitting in this country. I believe we should be cognizant us can never be totally ameliorated. Consequently, I believe our use of a potential adverse impact upon our international credibility, as of military commissions may result in a fracturing of the large and well as a tarnishing of the image of 50 years of military justice under disparate coalition which has been put together to wage the long- the UCMJ. term campaign against terrorism worldwide, a campaign which must necessarily involve far more than the use of military force.

SPRING 02 • DUKE LAW MAGAZINE 27 alumni profiles

Mary Ann Tally ‘74 “Apparently no one thought that a first woman president and general Champions Proper woman would be applying for a job as a counsel of the North Carolina lawyer,” Tally recalled. She was Academy of Trial Lawyers, a profes- Representation for introduced to the local public defender sional organization of both civil all Defendants but “had never thought about public plaintiffs’ counsel and criminal defense defending at Duke,” she said. Yet she attorneys. In that role, Tally lobbied the and another classmate from Duke, North Carolina state legislature on behalf By Richard D. Willstatter ‘80 John Decker, were offered the chance of the rights of injured persons and those to share one job opening, and they each accused of crimes. Duke Law School When Mary Ann Tally graduated from took it. Decker, who now practices in Senior Lecturer Donald Beskind ’77, Duke Law School in 1974, she hoped Saginaw, Mich., recalled that many of who served with her as a fellow board to practice international law, as that the prosecutors who met Tally member with the Academy, calls Tally had been her favorite course. She “assumed that they would be dealing “a fierce and indefatigable advocate for married John Tally, a classmate at with a naive young woman who was individual clients and for the rights of Duke, however, and he wanted to just biding her time prior to the Junior defendants generally.” practice with his father’s law firm in League and motherhood. They had a Not satisfied merely to practice law Fayetteville, N.C. She applied to a difficult time coming to the realization and lobby for change, Tally has offered variety of local firms, but received no that this was no ordinary person, but to share her talents and experience with interviews and a few rejection letters a dedicated defense attorney who was others. She is an adjunct professor at stating that they had no need for fiercely committed to her work and the University of North Carolina additional secretaries. her clients.” School of Law. She also teaches at the Tally’s work was so highly appreciated National Criminal Defense College in that a mere two years later, in June Macon, Ga., and at the National 1976, she was appointed chief public Institute for Trial Advocacy’s programs. defender for the Twelfth Judicial Since 1978, Tally has been defending District – the first woman public capital cases almost exclusively. defender in North Carolina. She Presenting a defense when the state remained in that job for 17 years. seeks to execute a client is a tremendous “I have maintained my passion, challenge, but Tally views each of these I think, because of the community of cases as an opportunity to save a lawyers with whom I have had the client’s life through hard work, investi- pleasure of working through the years gation and preparation. According to and because there is always a new David S. Rudolf, a Chapel Hill lawyer, challenge,” Tally said. She was fortunate Tally has “tried more death penalty to have talented law students came to cases more successfully than any other work at the public defender’s office, she lawyer in the state” and “serves as a said. She worked with others to create a benchmark and an inspiration to all the supportive and invigorating atmosphere lawyers representing indigents in in which to practice. “I can think of no North Carolina.” other work that would be more rewarding Indeed, Tally looks at the problems than working on behalf of poor people, in the criminal justice system as who have no one to advocate for them,” opportunities to seek these changes: Tally said. Tally’s passion is not confined to • When it was clear that indigent improving the criminal justice system. defendants needed sentencing She was the founding president of the advocacy services just like any Farmworkers Legal Services of North client, she obtained a grant for the Two national organizations recently have Carolina and served in that capacity for first sentencing advocacy program honored Mary Ann Tally ‘74 for her work. more than 20 years. She also served as in North Carolina. That program,

28 DUKE LAW MAGAZINE • SPRING 02 I can think of no other work that would be more AL

rewarding than working on behalf of poor people, UMNI PROFILES who have no one to advocate for them. “-Mary Ann Tally ’74

Sentencing Services, is currently appoint and pay counsel; sometimes indigent people. In February, Tally operating statewide and serves as their cronies were paid exorbitant received the first Champion of Indigent a model for similar programs fees but provided incompetent Defense Award from the National across America. services while good lawyers were Association” of Criminal Defense often denied reasonable compensation. Lawyers (NACDL) for her efforts to • Recognizing the need for good Tally lobbied the legislature to create improve North Carolina’s indigent appellate lawyering, Tally obtained an indigent defense study commission defense system. a grant from the the National that recommended the establishment Tally said she was grateful to the Legal Aid & Defender Association of an Indigent Defense Services NACDL for the award but believes it is (NLADA) to establish the North Commission. Once again, the more significant that the national Carolina Office of Appellate legislature agreed; Tally now serves organization is focusing more of its Defender, that state’s first statewide as a member of the commission efforts on indigent defense issues. The indigent appellate defense office. that has the power to appoint award “recognizes the value and That office has since become and pay counsel. importance of the representation of publicly funded. and advocacy for poor people,” she Tally sees many new challenges said. “It shows that money is not the • Tally also saw that more and more ahead. She is working toward a morato- driving force within the NACDL.” people were on death row without rium on the death penalty. She has Tally hopes her achievements will post-conviction counsel. She helped already seen significant changes in encourage the bar generally – and new obtain foundation grants and then the laws enacted, including both the lawyers particularly – to see the need federal funding for the state’s Death prohibition of the imposition of the to work on behalf of those who are Penalty Resource Center. When the death penalty on mentally retarded both politically disenfranchised and federal government withdrew fund- people and the discretion given the economically powerless. ing from these centers nationwide, prosecutor not to seek the death penalty she successfully lobbied the state regardless of the number of “aggravating Richard D. Willstatter ’80 is a criminal legislature to fund that office. She factors” in a case. She will continue defense lawyer and partner at Green & was a founding board member of consulting with death penalty counsel Willstatter in White Plains, New York. the successor organization, called statewide in an effort to help those He serves on the NACDL’s Indigent the Center for Death Penalty lawyers provide a more meaningful Defense Committee. Litigation, and located in Durham, defense. She hopes that working on the N.C. She now serves as its director Indigent Defense Commission will give of trial assistance. her a chance to urge other reforms. In November 2001, the NLADA • Tally also thought that trial gave Tally its Reginald Heber Smith lawyering for those who cannot Award in recognition of her many afford counsel was often poor. achievements in providing both civil Local judges had the power to legal services and criminal defense to

SPRING 02 • DUKE LAW MAGAZINE 29 alumni profiles

As Chair of the Law Voice.A few years later, he helped of the firm’s conference rooms the School’s Board of Visitors, prevent three Israeli citizens alleged to next time she was in town,” he said. have run the Pollard spy operation from Kidding aside, Kahn, who had been Peter Kahn ‘76 Keeps being indicted alongside Jonathan a member of the Board for six years, Giving Back Pollard, who was later convicted of welcomed the chance to follow in the spying for Israel. footsteps of former chairs Lanty Smith ’67 By Jean P. Fisher and Claire Cusick Kahn says he has former Dean A. and George Krouse ’70, whose leader- Kenneth Pye to thank for his job – the ship he admires, and the opportunity Peter Kahn ’76 always seems to be at first and only one Kahn has had since to spend more time at Duke. the heart of the action. As a partner leaving Duke more than 25 years ago. “It’s a real change of pace from the with the premier Washington, He has been a partner since 1985. practice and a good opportunity to D.C.-based litigation firm Williams & Pye knew of Kahn’s interest in sit back and take a hard look at the Connolly LLP, he’s in the right place. litigation and his fascination with academic side of the law,” he said. “The The firm’s high-powered client list Washington politics, and got Kahn a Law School is going like gangbusters, includes corporate titans such as meeting at Williams & Connolly. At the and it’s great to be a small part of it.” General Electric and American Home time, Kahn recalled, the firm did not To mark the beginning of his tenure Products and media clients from recruit at Duke and accepted just five as chair of the Board of Visitors, Kahn The Washington Post to The National new associates a year. made a gift to revive the Distinguished Enquirer.Just this January, The “And most of them were U.S. Speaker Series, the effort that brings American Lawyer named Williams & Supreme Court clerks, which I certainly prominent thinkers, leaders and Connolly one of its five finalists for was not,” Kahn said. Still, Kahn was newsmakers to Duke Law School. Litigation Department of the Year. one of the five new associates hired in Kahn, who was raised in Hartford, Former President Bill Clinton and 1976. Since then, many Duke Law Conn., has fond memories of hosting Hillary Clinton looked to Williams & School graduates have followed in top academic and political luminaries Connolly to defend them in the his footsteps. during his own student days. As an Whitewater case, and Lt. Col. Oliver “Duke graduates have done well undergraduate at Yale University North sought its counsel during the here, and I’m happy if I helped to prop (he graduated with a degree in political Iran-Contra affair. open the door,” Kahn said. Four current science in 1973), Kahn was president of “That’s the kind of front-page stuff Williams & Connolly partners went to the Yale Political Union, then the largest we do,” said Kahn. “The practice of law Duke Law School, as well as many undergraduate group on campus. In can be pretty mundane, but if you’re associates over the years. The firm that role, it was Kahn’s job to invite and lucky enough to get high-profile cases, usually hires two summer associates host the speakers the group brought to they often give you that extra shot of from Duke each year. Yale. Kahn was responsible for bringing adrenaline you need to succeed.” Williams & Connolly has another to Yale, among others, Sen. J. William Kahn’s own cases often involve strong Duke connection: it represents Fulbright, for whom the Fulbright international disputes. He has clients all NBA stars Grant Hill, Christian Scholarships are named, and the late over the world and purposefully has not Laettner and Shane Battier, and Yitzhak Rabin, who in the 1970s was concentrated or specialized his practice. coach Mike Kryzyzewski in his the Israeli Ambassador to the United “I’d be bored doing the same thing book contracts. States. Later, Kahn would represent the every day,” Kahn said. Now, Kahn is serving the Law Rabin family following the assassination And he has had his share of high- School in a new way: as chair of its of the Israeli prime minister. profile cases. Straight out of Duke Law Board of Visitors, an advisory body At the Law School, Kahn started a School, as a new associate with that works closely with Dean Katharine similar program, the Duke Law Forum, Williams & Connolly, Kahn helped to Bartlett. Kahn accepted the post at which attracted national leaders such successfully defend journalist Daniel the Dean’s request, and began his term as Clarence Kelley, the director of the Schorr before the House Ethics July 1, 2001. Federal Bureau of Investigation, John Committee against charges that he had “When Kate called and said she Barnum, U.S. secretary of transportation improperly leaked a confidential report had a favor to ask, I thought she was and the George Brown, the chairman of to the New York weekly The Village going to ask if she could borrow one the Joint Chiefs of Staff, all of whom

30 DUKE LAW MAGAZINE • SPRING 02

ALUMNI PROFILES DUKE LAW MAGAZINE 31 MAGAZINE LAW DUKE

• ” SPRING 02 02 SPRING Peter Kahn ‘76 began his leadership role at Duke Peter Kahn ‘76 began his leadership role the Duke Law Forum, a Law School by creating national leaders that brought bureau speaker’s to campus, while still a student. “I, too, the to succeed – in having want with the role an integral play Board Dean, the faculty, the University, the alumni, students, the law and you in School the best it making this Law can be.”

ahn wants the third hallmark of hallmark the third ahn wants ahn said the Board responded well responded ahn said the Board K first acts as chair Among Kahn’s first year,“I’m also starting my but K “It is hoped that through the work through “It is hoped that got from Board members was members was Board got from believe that through this committee through that believe

as helping to welcome the Class of as helping to welcome ery strong.” or the Dean’s consideration.” or the Dean’s his chairmanship to be to an infusion of to the focus international a more Board. this accomplishing His ideas for Board a special overseas include having meeting in the summer, tie in with to one of International School’s Law Duke or Hong Kong. in Geneva Programs He Board it to be a combination envisions meeting, of oversight Law’s Duke programs,international and a visit with alumni – “a worldwide alumni abroad congress, lack of for a better term,” he said. w last August. Convocation 2004 at capacity,” different he in a somewhat students. told the incoming first-year v to his organizational changes during its to his organizational October meeting. seemed “The changes work,”to really he said. “The feedback we structure the Board can be more proac- can be more the Board structure proposals concrete in developing tive f the full Board and provide ongoing and provide the full Board feedback to the Dean, said. he of these committees, topics can be for detailed analysis for developed meetings,” Board discussion at he wrote to its prior in a memo to the Board meeting last fall.importantly, “Most we

and it’s great to be a small part of it. part be a small to great and it’s he Law School is going like gangbusters, gangbusters, he Law like School going is

T ’76 Kahn -Peter “ ahn is proud that the Duke Law the Duke that ahn is proud in office at the time. at in office It was

Second, to tackle all issues facing “We have real talent on that Board,” talent on that real have “We As for his own leadership, his own As for Kahn In addition to Pye,In addition also Kahn K re ahn said, to the judges and referring obinson Everett as having significant as having obinson Everett orum, Union, Political the Yale like ehicle to maximize that talent. ehicle to maximize that xaminations ofxaminations those issues, he said. elationship with Dean Bartlett,elationship who ecalled Duke Law professors Joel professors Law ecalled Duke the Law School,the Law also proposed Kahn setting up a committee system. The meet during the year committees would call,via conference topics for develop K make who and law leaders in business up its members. a to create He wanted v we said he proposed several organizational several said he proposed changes to the Board. First, he recom- its for agenda mended a narrower meetings.biannual the Concentrating issues would discussions on fewer Board’s deeper, create hopefully thorough more e he noted is also the A. Pye Kenneth ofprofessor law. Kate “I think that Ken that leadership the strong shows did,”Pye he said. Fleishman, and Havighurst Clark R influence on his legal education. Today, working a great he said he enjoys r r paid no honoraria to speakers.paid no honoraria “I felt it should be enough of an honor just to come to Duke,” he said. F Brown’s remarks at Duke Law School Law Duke at remarks Brown’s by caused him to be reprimanded that Ford. President alumni profiles

Alan Bender ‘79 Helped Even the largest lectures, with about 2,000 hours a year, and living in a loft Build VoiceStream 130 students, still afforded that opportunity in Chelsea. for interaction, he said. “So you got to know It’s at this point that Bender’s career Wireless Corp. from the your colleagues very well, and you got to story begins to merge with the story of Ground Up know your law professors very well. It was VoiceStream Wireless Corp., a Seattle- a very collegial environment. I can’t imag- based digital wireless carrier that was By Claire Cusick ine an environment better than at Duke.” acquired by German telecommunications An interest in politics and govern- giant Deutsche Telekom AG for $52 At each stage of his career, Alan Bender ’79 ment may have led him to law, but once billion last summer. has embraced change and made bold he got to law school, he took business- Bender and his family moved to choices to find success in business. related classes. “Business and business San Francisco on Election Day 1988, so Bender’s interest in law grew out of transactions are what I really wanted he could take another in-house counsel an interest in politics. He participated in to do,” he said. job. A year later, he was having lunch student government both at Plainview For new graduates in 1979, Bender with a former colleague from Kaye, High School on Long Island and said the traditional job track in business Scholer. That colleague, who also had Washington University in St. Louis. law was to leverage a degree from a top moved to San Francisco, mentioned a “I always felt like the best way I was law school into a job at a prestigious law client of his, a “group of guys trying to going to accomplish something was firm. So that’s what he did. He spent start a wireless cell phone company.” through a law degree, that it would be a most of his first 10 years out of school at They really needed someone who tool toward the traditional practice of three different New York law firms. understood corporate finance, his friend law, politics, or impacting society at Along the way he took taxation classes told him. He asked Bender if he should large,” he said. offered by the LLM program at NYU, arrange an introduction. He graduated in December 1975 with and worked with clients ranging from The “group of guys” turned out to a superior academic record and a degree small businesses to large Wall Street be General Cellular Corp., which was in political science. He chose Duke Law investment banks. acquiring spectrum rights for geographic School over three others because he By working with those further up areas. In the late 1980s, the government thought he could get the best education the firm ladder, he got a look at his actually gave away these rights in here, and because he was offered a possible future. lotteries. And cell phones were huge, generous financial aid package. “It was at Seward & Kissel [in the clunky devices carried in suitcases. “Duke made the decision very easy by early 1980s] that I looked around and “It’s hard to believe, but that’s how giving me a 50 percent academic scholar- thought, I cannot find a person who I wireless was created in the U.S.,” Bender said. ship and by providing me with a National emulate,” he said. He wanted to try General Cellular’s goal was to trade Defense Student Loan for the other 50 something new, and spent a few years as pieces of spectrum for shares in the percent,” he said. “I am very appreciative in-house counsel at a Washington, D.C. company, and aggregate the licenses to to this day. I came from a very middle- securities business. form a service area. The question was class family, and it was going to be a There, he said, he was the lawyer, whether or not this wireless idea could burden, financially. [Duke] really made the only lawyer, expected to handle every- ever really prove profitable. it easier.” thing from the core business to personnel. “I believed it,” Bender said. “I said, I Besides basketball, what he remem- “It was very expansive in responsibility, think this could work.” He told his wife, bers today about his law school years is and I enjoyed it,” he said. The Tax Reform Joyce, that in six months, it would be off the community. Act of 1986 made that company’s and running, or it would hit the wall. “Being able to sit and talk with product no longer viable in the market, Both ended up to be true statements, Bill Van Alstyne at some very esoteric so the business closed. because the early 1990s was not a good level about con law. He would stick Back in New York City, at what was time to be launching a new business. The around and talk like that. He loved it. then Kaye, Scholer, Fierman, Hays & savings and loan crisis had created new George Christie, Pam Gann – they Handler LLP, he enjoyed his work but restrictions and an atmosphere of just interacted with students. There still “didn’t see partnership being the end- mistrust, and the Gulf War loomed. was tremendous student-professor all, be-all, at all.” He was now married “But wireless was beginning to take interaction.” and the father of a young daughter, billing root,” Bender said. “So we had this

32 DUKE LAW MAGAZINE • SPRING 02 You don’t learn the business pragmatics in law school; you can’t ... You have to use those three years to AL

learn the fundamentals of legal reasoning. UMNI PROFILES “ -Alan Bender ’79 business that made sense. But we had no from the FCC, SEC and the Committee serve as part owner of the Seattle money. It was a very frustrating moment.” on Foreign Investment in the United States Supersonics. Upon joining General Cellular, Bender (CFIUS), and investors here and abroad. What drove him all those years of had to quickly organize a triangular deal, “You don’t learn the business prag- building VoiceStream, and where he a prepackaged bankruptcy wherein a matics in law school; you can’t,” he said. finds satisfaction now, is the feeling venture capital firm would buy the debt “That’s not what it’s geared to. You have of ownership. of General Cellular’s senior creditor and to use those three years to learn the “It was the proprietary feeling that we convert it to equity. Bender spent a year fundamentals of legal reasoning.” were ”building something,” he said. traveling to Canada asking the creditor What began in San Francisco with 20 “It had our fingerprints on it, it was our for enough cash flow to make payroll. He employees and licenses in seven states is company. We were going to be successful completed the restructuring in just nine today a business employing approximately with it. It’s not an accident that we months, and helped save the company. 19,000 employees, and having more than were successful. “When your back is against the wall, seven million customers and licenses to “I don’t think you get the same you are the best possible negotiator you serve 281 million people. Bender and five opportunities or that proprietary feel can be,” he said. other officers and senior managers have from a traditional law firm practice.” In March 1992, General Cellular had stayed at the company all along, and a clean balance sheet and a new major continue to shepherd their business at the shareholder, but Bender didn’t know if request of Deutsche Telekom. the reorganized company, dominated by At 47, Bender is executive vice the venture capital firm, was going to president, general counsel and secretary keep him. Its leaders told him he did such of VoiceStream Wireless Corp. He heads a great job negotiating against them that a department of 15 lawyers, but he has they wanted him on their side. no typical day at the office. “That’s one of the most flattering “Rarely do I come into a preplanned things I’ve ever heard,” he said. day,” he said. “Any day can be working As the company grew and merged with Deutsche Telekom on coordinating with other wireless providers, San Francisco- with them on all legal matters, but what I based General Cellular became Seattle- spend most of my time doing now, and based Western Wireless, which then probably for most of my career at became a publicly traded company on the VoiceStream, are strategic transactions.” Nasdaq stock exchange. Western Wireless The cost of success of this kind, spun off its PCS business, which became Bender said, is an unrelenting commit- VoiceStream, which became a member of ment to the business. A global company the Nasdaq 100 in the shortest time ever is a 24-hour company. on that exchange. There was a lot of legal “My wife will tell you that the phone work along the way, and Alan Bender rings unceasingly throughout the night,” led it. he said. “But I try to keep a well-rounded “I had to learn and master new skills, life.” He coaches son Adam’s basketball new areas of law,” he said. For each step, team, and takes daughter Mallory to the company retained outside counsel, early morning snowboarding lessons Among the favorite memories of Duke Law School but it was his job to manage the process. on Saturdays. The Benders are active held by Alan Bender ‘79 were the many student- He worked with government regulators in their temple, and Alan finds time to professor interactions.

SPRING 02 • DUKE LAW MAGAZINE 33 AROUND THE LAW SCHOOL faculty notes 34 Faculty Notes

OF CRIME AND JUSTICE 694, 985, 1453 and Commonwealth Office, London, (Joshua Dressler ed., 2d ed. 2002). England (December 2001). Other • “Norms and Politics in International • Received Society’s Medal from Society,” British International Studies International Society for Reform of Association Annual Conference, Criminal Law, Canberra, Australia Edinburgh, Scotland (December 2001). Katharine Bartlett (August 2001). Publications Lectures and addresses • Report on Civil Actions in the English • “Law and Interdisciplinarity,” Duke Francesca Bignami Courts for Serious Human Rights Women’s Studies Department Lecture Lectures and addresses Violations Abroad, 2000 EUR.HUM. Series on Feminist Studies Across the • “Data Protection in the U.S. and E.U.,” RTS.L.REV. 129 (First Rapporteur). Disciplines (September 2001). Duke University Graduate Colloquium • Decisions of British Courts During • “The Many Faces of Gender on Europe (November 2001). 2000 Involving Questions of Public Equality in the U.S.: Family, Workplace International Law, 71 BRIT.Y.B.INT’L and Education,” at Waseda University, James Boyle L. 405 (2000). Tokyo, Japan, and Seoul National Lectures and addresses • U.S. Doesn’t Have the Right to University, Korea (October 2001). • Forum panelist, “National Security Decide Who Is or Isn’t a POW,THE • Panelist, “Legal Education in the vs. Civil Liberties: How to Strike the GUARDIAN,Jan.14, 2002, at 18. 21st Century,” Law Schools, Lawyers Balance?” Duke Law School (October • Terrorism, Response and International and the Future of American Law, 2001). Law,THE WORLD TODAY, Dec. 2001, University of Virginia School of Law, • “The Second Enclosure Movement,” at 20. 175th Anniversary Celebration, at the Conference on the Public Domain, • War Without End,THE Charlottesville (October 2001). Duke Law School (November 2001). INDEPENDENT ON SUNDAY, Dec. 2, • Panelist, “Reimagining the Public 2001, at 17 (with Rupert Cornwell). Sara Sun Beale Domain,” at the Conference on the • More Bombs, More Guns, More Lectures and addresses Public Domain, Duke Law School Satellites, More Talk,THE INDEPENDENT • “News Media Coverage of Crime: (November 2001). ON SUNDAY, Sept.16, 2001, at 25. How, Why, and Who Cares?,” presented Publications at the Hoffinger Colloquium, Center • A Politics of Intellectual Property, in Paul Carrington for Research in Crime and Justice of READINGS IN CYBERETHICS (Richard Lectures and addresses the New York University School of Spinello & Herman T. Tavani eds., 2001). • “The Independence and Law (November 2001). Accountability of the Ohio Supreme • “Is America’s Tough on Crime Michael Byers Court,” Sullivan Lecture at Capital Attitude Softening? Prospects for Lectures and addresses University (March 2001). Restorative Justice in the United • “The Secret Life of the Legal Publications States,” as a Parson’s Fellow at the Advisor: Politics, Strategy and the • A Christmas Thought for Children, University of Sydney, Australia, and at Making of International Law,” 4 GREEN BAG 2D 139 (2001). the University of Auckland, New Department of Foreign Affairs & • Our Imperial First Amendment, 34 Zealand (August 2001). International Trade, Ottawa, Canada U. RICH.L.REV. 1167 (2000). • Panelist on Grand Jury Reform at (October 2001). • Tikkun Olam: A Mother’s Day the ABA White Collar Crime Institute • “Terrorism, the Use of Force and Eulogy for Frederika Dembetz Brandeis, in Miami (March 2002). International Law,” at Alastair Buchan 4 GREEN BAG 2D 247 (2001) (with Publications Club, Oxford University (October 2001); Sarah Berger). • The Consequences of Enlisting at Institute of International Law, • The Right to Self Government after Federal Grand Juries in the War on University of Cologne, Germany Bush v. Gore,at The Legal Electronic Terrorism: Assessing the Patriot Act's (October 2001); at Department of Document Archive, http://www.law. Changes to Grand Jury Secrecy in International Politics, University of duke.edu/pub/selfgov (Dec. 29, 2001) HARVARD JOURNAL OF LAW & PUBLIC Wales, Aberystwyth (November 2001); (with H. Jefferson Powell). POLICY 25 (2002) (with James E. at University of Lancaster, UK Felman), at 699. (November 2001). George Christie • Federal Criminal Jurisdiction, Mail: • “The Secret Life of the Legal • Member, Members Advisory Group, Federal Mail Fraud Act, and Sentencing: Advisor: Politics, Strategy and the Restatement (Third) Torts, General Procedural Protections, in ENCYCLOPEDIA Making of International Law,” Foreign Principles.

34 DUKE LAW MAGAZINE • SPRING 02 FACULTY NOTES . EV 79 N.C.L. R , DUKE LAW MAGAZINE 35 MAGAZINE LAW DUKE London School of • edistricting in North Carolina:edistricting in North A eign Policy Research Institute, Research eign Policy sonal Perspective R r the Jackson School ofthe Jackson International r SPRING 02 02 SPRING

ersonnel) Committee. olitical and Legal Philosophy’s annual olitical and Legal Philosophy’s or Asian Studies (March 2001);or Asian Studies (March the at • • Chair, N.C. LAMP Bar Association Right of Law International • “An Ethnic Riot,”• “The Deadly the at • Adjunct Professor of• Adjunct Professor Business in the Law • Centennial Professor America,” in a New • “Redistricting at panelist,• Forum Security “National • Restatement (Third) of (Third) • Restatement Agency Supplement to • 2001 Annual of (Third) • Restatement Agency • “Why Sri Lanka is in its Current • “Why (Legal Assistance to Military P Secession?” the American Society for at P 2001). meeting (January Fo Administration at Duke (January 2002). (January Duke at Administration Department, Science Economics and Political (2001-02). America symposium, in a New Democracy UNC School of 2001). (February Law vs. Liberties: Civil the to Strike How Balance,” School (October Law Duke 2001). Pe 1301 (June 2001). 1301 (June Publications Other Donald Horowitz and addresses Lectures Other Robinson Everett and addresses Lectures (Council Draft No.(Council Draft 3, Nov. 2001) (Reporter). Actions. Derivative Shareholder No. Draft (Tentative 3, 2002) March (Reporter). Philadelphia (March 2001);Philadelphia (March the at ofUniversity Center South Carolina f symposium ofannual University’s Tufts Inquiry and Public for Education Citizenship 2001); (March International at of the University Studies at Washington, 2001). (October Seattle Predicament,” University’s Tufts , & , EWS N OBE L HE G wned Saudi in T ORPORATE , C in , OUND THE R 879 (2001). A . .L L.J. 286 (2001). (Raleigh, N.C.), December . ORP ansatlantic Perspectives on ansatlantic Perspectives USTL tnership Law:tnership Risk and Instability VERNANCE Tr Bad Idea Divides Us Bad Idea Divides United States Introduces Fair Introduces United States in the United Governance Corporate r O BSERVER egulations for the newly created the newly for egulations • • Elected to a two-year term on the • Elected to a two-year • • Forum panelist,• Forum Security “National • of Publication • “Electronic Scholarly • • Consultant, Kingdom of Saudi the from degree a honorary • Received • Member, Committee, Executive 16, 2001, A25. at O 26 J. C Pa Disclosure and Insider Trading Reforms Insider Trading and Disclosure States: of Role The Evolving the Independent Board Other Deborah DeMott Publications Publications Danner Richard and addresses Lectures Committee ofExecutive the AALS 2002). (January Jerome Culp Jerome and addresses Lectures vs. Liberties: Civil the to Strike How Balance?” School (October Law Duke 2001). in Law:Information Issues and New Models,”New of Plenary Session the ofAssociation Schools American Law Meeting,Annual Orleans New 2002). (January Publications G (2002). Other Arabia including finalizing the draft for including finalizing the draft Arabia and draft Law Market Capital the new r Commission, Securities and Exchange o as the privately as well Securities Exchange. Arabia ofUniversity Denmark South 2001). (November Section, Securities Regulations AALS. 75 A ashington University St.ashington University Louis on W view, the Mecklenburg by sponsored

egulation ofegulation Securities. esolution Calling for a Moratorium esolution Calling for • Luncheon Speaker, Meeting Annual • Presenter, organized conferences • Keynote speaker,• Keynote Symposium on • Received the Samuel DuBois Cook DuBois the Samuel • Received • Appointed by the American Bar by • Appointed • Panelist on the future of on the future • Panelist affirmative • Dinner panelist, School Law Duke • Forum panelist,• Forum Security “National • Panelist, in Court Year The Supreme • “Legal Implications of• “Legal Implications a Genetic • Participant, Study Mediterranean • Member, Committee, Advisory of Committee on the the ABA R Professional Conflicts ofProfessional and Interest Society. Free in a Litigation by Corporate Governance and Disclosure, Governance Corporate 2002). (February Hong Kong James Cox and addresses Lectures Society Community Betterment Award, Society Community 2002). (February University Duke on the Death Penalty (December 2001). Penalty on the Death Other chair a blue- to President Association to oversee committee established ribbon ofimplementation 1997 the ABA’s R action, Society Annual The Federalist Meeting, Washington, D.C. (November 2001). Board ofBoard Visitors, “The Balance and National Liberties Civil Between School (October Security,” Law Duke 2001). vs. Liberties: Civil the to Strike How Balance?” School (October Law Duke 2001). County (N.C.) Bar Association County (N.C.) (September 2001). Re Basis for Aggression,”Basis for Summer at Institute 2001: Genetics, Genomics, and the Law, Genome Center for Duke Ethics, Law, 2001). (August and Policy James Coleman and addresses Lectures Group, University. Duke Center for Global Studies and Center for Humanities, University. Duke faculty notes

Education for Public Inquiry and David Lange Thomas Metzloff International Citizenship (March 2001). Lectures and addresses Publications • “Lost in Bosnia,” at The Future of • “Copyright, Fair Use, and • Settlement Has Many Faces: the Balkans conference, UNC Center Transformative Critical Appropriation,” Physicians, Attorneys, and Medical for Slavic, Eurasian, and East European (with Jennifer Anderson) at the Malpractice, 41 J. HEALTH & SOC. Studies (March 2001). Conference on the Public Domain, BEHAV. 333 (2000) (with Ralph Peeples • Panel chairman and speaker at Duke Law School (November 2001). &. Catherine T. Harris). Citizen-Politician Linkages in • Panelist, “The History and Theory Democratic Politics conference, Duke of the Public Domain: From Cheap Madeline Morris University Department of Political Books to the Comedy of the Commons,” Lectures and addresses Science (March 2001). at the Conference on the Public Domain, • Forum panelist, “The New War On • Panelist, Institutional Reform, and Duke Law School (November 2001). Terrorism: Initial Assessments,” Terry panelist, Ethnicity and Regionalism, Publications Sanford Institute of Public Policy, Consolidating Indonesian Democracy • Transformative Critical Appropriation, Duke University (September 2001). conference, Ohio State University Conference on the Public Domain, • Dinner panelist, Duke Law School (May 2001). Duke University School of Law, at Board of Visitors, “The Balance • Commentator, panel on Identity, http://www.law.duke.edu/pd/papers/ Between Civil Liberties and National Culture, and Collective Action, and langeand.pdf (November 2001) Security,” Duke Law School panel on Democracy, Recognition, (with Jennifer Anderson). (October 2001). and Group Rights, at the American Other Publications Political Science Association meeting • Chairman, AALS Section on • Complementarity and Its Discontents: (August 2001). Intellectual Property. The Complex Constituencies of the • “The Cracked Foundations of the International Criminal Court, in Right to Secede.” Ethnic Conflict and Carolyn McAllaster INTERNATIONAL CRIMES,PEACE AND the Partition of States conference, Lectures and addresses HUMAN RIGHTS: THE ROLE OF THE Boston University (October 2001). • Presentation to National AIDS INTERNATIONAL CRIMINAL COURT • “Ethnic Conflict and Democracy,” Hotline Employees, “Legal Rights of 177 (Dinah Shelton ed., 2000). The Road to Democratization confer- HIV-Infected Persons,” (March 2001). Other ence, Duke University (October 2001). • Presentations at Legal AIDS • Participant, meeting of experts on Publications Workshop, Advanced Case Management, International Reparations in Leuven, • The Northern Ireland Agreement: “Legal Planning for the Future: Basic Belgium (March 2002). Consociational, Maximalist, and Risky, Legal Needs of HIV Infected Clients” • Expert resource person to the in NORTHERN IRELAND AND THE DIVIDED (April 2001 and October 2001). government of Belgium, advising WORLD 89 (John McGarry ed., 2001). • Standby Guardianship Training, on universal jurisdiction and issues • The Draft Laws on Indonesian Guilford County Young Lawyers’ in international criminal jurisdiction Political Parties, Elections, and Association, Greensboro, N.C. (March 2002). Legislative Bodies: An Analysis, in (June 2001). CRAFTING INDONESIAN DEMOCRACY • Presentation at ONE VOICE, Robert Mosteller 137 (R. William Liddle ed., 2001). MANY FACES: Psychosocial Issues of Publications • Constitutional Design and the Pediatric HIV, sponsored by North • Foreword,LAW & CONTEMP.PROBS., Problem of Adoption: Proposals Versus Carolina Children’s AIDS Network and Winter 2002, at 1. Processes, in THE ARCHITECTURE OF Greensboro AHEC, “Permanency • The Maturation and Disintegration of DEMOCRACY (Andrew Reynolds ed., 2002). Planning for Children of HIV Infected the Hearsay Exception for Statements Other Parents” (November 2001). for Medical Examination in Child • Invited by the Peace Research • Participant, “Women in the Law: A Sexual Abuse Cases, in LAW & Institute (Oslo) to go to Cyprus and Forum Exploring Women in the Law CONTEMP.PROBS., Winter 2002, at 47. meet with Cyprean government and Professions,” sponsored by the Duke • Editor, Children as Victims and party leaders and representatives of the Women’s Center (December 2001). Witnesses in the Criminal Trial Process, United Nations (December 2001). Publications LAW & CONTEMP.PROBS., Winter 2002. • External Assessor, Department of • Issues in Family Law for People • Cumulative Supplement 2002 to Syariah (Islamic Law) and Law, with HIV, in AIDS AND THE LAW NORTH CAROLINA EVIDENTIARY Academy of Islamic Studies, (2001 Supplement) (with Carol Suzuki FOUNDATIONS. University of Malaya. & Jeffrey Selbin).

36 DUKE LAW MAGAZINE • SPRING 02 • MANDATORY JUSTICE:EIGHTEEN • Principal speaker, Dedication of • Principal presenter, Forum on REFORMS TO THE DEATH PENALTY book by Prof. Gustavo Ghidini, “Profili Fighting Aids and Other Diseases: (Death Penalty Initiative of the Evolutivi sul Diritto Industriale,” Globalization of Innovation and Constitution Project, 2001) Italian Supreme Court, Rome Access to Medicines, Fuqua School FACUL (Co-reporter). (June 2001). of Business, Duke University • Principal presenter, Conference on (February 2002). Jeff Powell New Directions in the Legal Protection Publications TY NOTES Publications of Industrial Designs, Luiss Guido • Of Green Tulips and Legal Kudzu: • The Right to Self Government after Carli Law School, Rome (June 2001). Repackaging Rights in Subpatentable Bush v. Gore, at The Legal Electronic • Group of experts, Conference on Innovation, in EXPANDING THE BOUNDS Document Archive, http://www.law. Transfer of Technology After the OF INTELLECTUAL PROPERTY: duke.edu/pub/selfgov (Dec. 29, 2001) TRIPS Agreement, United Nations INNOVATION POLICY FOR THE (with Paul Carrington). Conference on Trade and Development KNOWLEDGE SOCIETY (Rochelle C. • THE CONTRACTS EXPERIENCE (UNCTAD), UN Geneva (June 2001). Dreyfus et al. eds., 2001). (DVD course materials, 2002) (with • Keynote speaker, Roundtable on • Preface to PROFILI EVOLUTIVI DEL John Weistart & Girardeau A. Spann). Database Protection and International DIRITTO INDUSTRIALE (Gustavo Ghidini • THE PRESIDENT’S AUTHORITY OVER Science and Technology Cooperation, ed., 2001). FOREIGN AFFAIRS:AN ESSAY IN sponsored by the U.S. Department of • Taking the Medicine with Angst: CONSTITUTIONAL INTERPRETATION, State, National Academy of Sciences, An Economist’s View of the TRIPS Carolina Academic Press (February 2002). American Assoc. for the Advancement Agreement,4 J.INT’L ECON.L.795 of Science, and Assoc. of American (2001) (reviewing KEITH E. MASKUS, Jerome Reichman Universities, Washington, D.C. INTELLECTUAL PROPERTY RIGHTS IN Lectures and addresses (July 2001). THE GLOBAL ECONOMY (2000)). • Principal presenter, Conference • Master class on the TRIPS • The TRIPS Agreement Comes of concerning genetically modified Agreement, LLM Program, University Age: Conflict or Cooperation with the organisms, University of Minnesota, of St. Galen, St. Galen, Switzerland Developing Countries?, 32 CASE W. R ES. (February 2001). (September 2001). J. I NT’L L. 441 (2000). • Presenter, Ohio State Conference on • Principal speaker, Symposium on Other Intellectual Property Rights, Columbus, Access to Essential Medicines, Harvard • Consultant to Doctors Without Ohio (March 2001). Law School (September 2001). Borders, Quakers UN Outreach • Principal presenter, University of • Principal presenter, Colloquium on Program (QUNO), Contact Group of Florida Conference on Human Rights Globalization and Economic Law, Advisers who drafted position papers and Development, Gainesville, Fla. Associatione Internationale de Droit and coached developing country (March 2001). Economique (AIDES) Rennes, France negotiators in efforts that produced the • Mini-course on the TRIPS (September 2001). Doha Ministerial Declaration on Public Agreement, North Carolina • Group of experts, Rockefeller Health and the TRIPS Agreement Copyrights, Patents and Trademark Foundation Colloquium on the (November 2001). Law Association, Charlotte, N.C. Confidentiality of Clinical Trial Results • Continuing consultations to Doctors (April 2001). under the TRIPS Agreement, Without Borders and QUNO on • Principal presenter, Founders’ New York City (October 2001). Post-Doha efforts to implement the Conference on the E-Commons, • Principal presenter, ABA Course ministerial declaration on access Berkman Center, Harvard University on International Trade Law (John to medicines. (April 2001). Jackson, director), Washington, D.C. • Consultant to the National Academies • Master class on the TRIPS (November 2001). on constructing an e-commons for science. Agreement, LLM Program, York • Principal presenter, the Conference • Consultant to National Research University, Toronto, Canada on the Public Domain, Duke Law Council on proposed project on (May 2001). School (November 2001). Worldwide Fund to support scientific • Principal presenter, Conference on • Principal presenter, Symposium on research in developing countries. Access to Medicines under the TRIPS Intellectual Property and Economic • Consultant to United Nations Agreement co-sponsored by Doctors Development, Commission on Conference on Trade and Development Without Borders and Government of Intellectual Property Rights, London for ongoing project to train negotiators India, New Delhi, India (June 2001). (January 2002). on the TRIPS Agreement in developing countries.

SPRING 02 • DUKE LAW MAGAZINE 37 faculty notes

Thomas Rowe • “Deliberative Democracy and the Steven Schwarcz Publications Effort to Replace Politics with Law,” Lectures and addresses • FEDERAL COURTS IN THE TWENTY- “The Law of Politics” conference • Panel moderator, “The Role of FIRST CENTURY (2d ed., 2002) (October 2001). Multinational Corporations,” Seventh (with Howard P. Fink, Linda S. • Dinner Panelist, Duke Law School annual Colloquium on Environmental Mullenix, & Mark V. Tushnet). Board of Visitors, “The Balance Law & Institutions, Duke Center for Between Civil Liberties and National Environmental Solutions (December Richard Schmalbeck Security,” Duke Law School 2001). Lectures and addresses (October 2001). • Presenter, “Private Ordering by • “The Importance of the Estate Tax,” • Participant, Ahrens Advanced Tort Rating Agencies,” Global Law & Policy Fourth Annual Critical Tax Conference, Seminar, Washburn School of Law Workshop, Terry Sanford Institute of Washington University (April 2001). (October 2001). Public Policy. • “The Arguments for Repealing the • “Tort Law as an Alternative to • Presenter, “Private Ordering of Estate Tax (and Their Defects),” ABA Enforcement of Environmental Public Markets: The Rating Agency Tax Section Meeting, Washington, D.C. Regulations,” Washburn School of Law Paradox,” Globalization, Equity, and (May 2001). (October 2001). Democratic Governance faculty • Chairman, “Death of the Death • Featured Speaker, Inaugural meeting workshop, Duke University. Tax?” Panel, ABA Tax Section Meeting, of UNC and Duke chapters of the • Principal speaker, “Two Shocks to Washington, D.C. (May 2001). American Constitution Society, the Bankruptcy System,” Fordham Publications UNC School of Social Work University School of Law’s Inaugural • Unnecessary Estate Tax Returns: (November 2001). Eugene P. & Delia S. Murphy Removing the Residue of the Widow’s • Luncheon Speaker, “The Balance Conference on Corporate Law. Tax, 94 TAX NOTES 235 (Jan.14, 2002) Between Civil Liberties and National • Principal speaker, “How the New (with Jay Soled). Security,” Terry Sanford Institute of UCC Impacts Bankruptcy,” AALS • Many Unhappy Returns: Estate Tax Public Policy’s Board of Visitors Bankruptcy Workshop, St. Louis. Returns of Married Decedents, 21 VA. (November 2001). Publications TAX REV. 373 (2002) (with Jay Soled). • Speaker, “Military Tribunals,” • STRUCTURED FINANCE, A GUIDE • Does the Death Tax Deserve the Public International Law Forum, TO THE PRINCIPLES OF ASSET Death Penalty?, 48 CLEVE.ST Duke University (November 2001). SECURITIZATION (3d ed., 2002). .L.REV.749 (2000). • Speaker, “Civil Liberties and • The Role of Rating Agencies in Other National Security,” Duke Alumni Global Market Regulation,REGULATING • Vice Chairman, Duke Academic Forum, New York City (November FINANCIAL SERVICES AND MARKETS IN Council (2001-02). 2001). THE 21ST CENTURY 297 (Eilís Ferran & • Executive Committee Member, • Panelist, “National Security vs. Civil Charles Goodhart, eds.) (2001). Duke Academic Council (2000-02). Liberties: How Far Should We Go?” • The Impact on Securitization of Mecklenburg County Bar Public Law Revised UCC Article 9, 74 CHICAGO- Christopher Schroeder Forum, Charlotte, N.C. (January 2002). KENT L. REV. 947 (1999) reprinted in Lectures and addresses • Guest lecturer, comparative public UCC BULLETIN, Dec. 2000, at 1. • Speaker, Law School Town Meeting, law, LLM program, University of Other co-sponsored by the Duke Program in Cambridge, England (January 2002). • Distinguished Visitor, the University Public Law, to discuss terrorism and Publications of Hong Kong (March 2002). responses (September 2001). • Supplement 2002 to ENVIRONMENTAL • Chosen by The Oxford University • Speaker, AEI/Brookings Federalism REGULATION:LAW,SCIENCE AND Banking Forum as a “distinguished Project workshop on Environmental POLICY (3rd ed. 2000) (with Robert individual” in international finance to Federalism, Washington, D.C. Percival, Alan Miller & James Leape). have articles published on the Forum’s (September 2001). • Causes of the Recent Turn in inaugural web site. • Moderator, “National Security vs. Constitutional Interpretation, 51 • Reappointed to the Academic Civil Liberties: How to Strike the DUKE L.J. 307 (2001). Advisory Board of the Asian Institute Balance?” Duke Law School • The Case for Judicial Review,THE for International Financial Law. (October 2001). WASHINGTON POST, December 6, 2001 • Appointed a member of the • Conference organizer, “The Law (with Walter Dellinger), at A39. Committee of Academic Directors of Politics,” Duke Law School of the Fudan Civil and Commercial (October 2001). Law Review.

38 DUKE LAW MAGAZINE • SPRING 02 • Panel moderator, bankruptcy, Other • Speaker and conference co-organizer, American Law and Economics • (Visiting) Lee Professor of Law, “Comparing Precaution in the U.S. and Association annual meeting (2001). Marshall-Wythe School of Law, Europe: Evaluating the Conventional College of William and Mary Wisdom,” Conference on “The U.S., the Martin Stone (Spring 2002). E.U., and Precaution,” organized by the FACUL Lectures and addresses European Commission, the U.S. • Speaker, Third Annual Meeting of Neil Vidmar Mission to the E.U., and the German TY NOTES Italian and American Philosophers Publications Marshall Fund, with the European (June 2001). • Case Studies of Pre-and Mid-trial Policy Centre and the Duke Center for • “Legal Education and the Prejudice in Criminal and Civil Environmental Solutions, Bruges/Brugge, Humanities,” University of California, Litigation, 26 LAW AND HUMAN Belgium (January 2002). Irvine (April 2001). BEHAVIOR 73 (2002). Publications • Speaker, University of Chicago • Juries and Experts, 66 BROOK.L. • RECONSTRUCTING CLIMATE POLICY: Philosophy Department (April 2001). REV. 1123 (2001) (with Shari Seidman THE PATHS AHEAD,POLICY MATTERS • Speaker, North Carolina Diamond). 01-23, AEI-BROOKINGS JOINT CENTER Philosophical Association • Jury Room Ruminations on Forbidden FOR REGULATORY STUDIES (August 2001) (February 2001). Evidence, 87 VA.L.REV. 1857 (2001) (with Richard B. Stewart) available at Other (with Shari Seidman Diamond). http://www.aei.brookings.org/ • Visiting Professor, Cardozo Law • JUDGING THE JURY (Perseus Books, publications/policy/policy_01_23.asp. School (2001-2002). 2001) (1986) (with V. Hans). Other • Named to the Advisory Board of the Laura Underkuffler John Weistart Center for the Study and Improvement Publications Publications of Regulation at Carnegie Mellon • Public Funding for Religious Schools: • THE CONTRACTS EXPERIENCE University (December 2001). Difficulties and Dangers in a Pluralistic (DVD course materials, 2002) (with H. • Elected to a three-year term as one Society, 27 OXFORD REV. OF EDUC. Jefferson Powell & Girardeau A. Spann). of three new members of the governing 577 (2001). Other Council of the Society for Risk • Presenter, Duke Technology Forum, Analysis (SRA) (December 2001). William Van Alstyne Duke Office of Instructional • Named a University Fellow of Lectures and addresses Technology (April 2001). Resources for the Future (RFF) in • Panelist, “Constitutionalizing the Washington D.C., for a term of three Public Domain,” Conference on the Jonathan Wiener years (January 2002). Public Domain, Duke Law School Lectures and addresses • Director, Duke Colloquium on (November 2001). • “Explaining U.S. Approaches to Environmental Law & Institutions. • Panel moderator, “Justiciability and International Treaties,” Conference • Organizer, Seminar Series on the Political Thicket,” Baker v. Carr: A on U.S. Approaches to International Environmental Institutions. Commemorative Symposium, UNC Treaties, NYU Law School • Faculty Director, the Duke Center School of Law (November 2001). (September 2001). for Environmental Solutions. • “Separation as a Tradition,” Beyond • “The Next Generation of Separation: Church and State confer- Environmental Policy,” guest lecture, ence, University of Virginia School of graduate seminar on American Law (February 2002). Environmental Policy, Chapel Hill, N.C. • “Civil Liberties in the People’s (November 2001). Republic: Whose Rule of Law,” The • “Better Ways to Decide American Rule of Law in China conference, Trucking,” Society for Risk Analysis Marshall-Wythe School of Law, annual meeting, Seattle (December College of William and Mary 2001). (February 2002). • “Prudent Precaution in an Publications Interconnected World,” Society for • The Constitution in Exile: Is It Time Risk Analysis annual meeting, Seattle to Bring It in from the Cold?, 51 DUKE (December 2001). L.J. 1 (2001).

SPRING 02 • DUKE LAW MAGAZINE 39 ALUMNI NEWS class notes 40 Class Notes

50 In Memoriam 1966 John O. Hoos retired from Hewitt 53 Law Alumni Weekend Calendar Thomas William Porter III was named Associates. He lives in Libertyville, Ill. of Events to the board of directors at Houston- based U.S. Concrete, the sixth-largest producer of ready-mixed concrete in 1972 the country. Benjamin C. Abney married Sarah Anne Reese on September 22, 2001. 1937 Dale Whitman was named the new Ben, an elder in the North Georgia Richard Kiefer, Hale McCown, president of the Association of Conference, is senior minister at Trinity Helen McCown, Caroline Stoel American Law Schools. He took office United Methodist Church in Atlanta, and Thomas Stoel have not missed January 3, 2002. A Charleston, S.C., and is a part-time judge of the Magistrate a single annual reunion since the Half- native, Whitman is a professor at the Court of Cherokee County, Ga. Century Reunion in 1987. They look University of Missouri-Columbia forward to returning to Duke in April School of Law. Stephen Bronis is a litigator with 2002 and are hoping that the rest of Zuckerman Spaeder LLP in Miami. their class will join them. 1968 Stephen McLaughlin is president of David Prewitt is board certified as a South Texas Housing Development trial advocate by the National Board of Corp. in Harlingen, Texas. Trial Advocacy, the only national board certification for trial attorneys.

Marlin M. Volz Jr. is senior vice president and trust counsel for Wells Fargo Bank Iowa, N.A. He was selected by the Quad City Planned Giving Council to receive the first annual Outstanding Planned Giving Professional award. He is past president from left to right: of the Quad City Estate Planning Helen Lanier McCown ‘37, Hale McCown ‘37, Council and currently serves on the Caroline Phillips Stoel ‘37, Richard Kiefer ‘37, council of the Probate and Trust Law and Thomas B. Stoel ‘37 Philip Pfaffly ‘73 Section of the Iowa Bar Association.

Lynn E. Wagner,a labor and employ- 1973 1939 ment law attorney with Rumrell, Wagner Philip Pfaffly was named a partner at William Womble received the first & Costabel LLP, and an alternative Rider, Bennett, Egan & Arundel, LLP Professionalism Award given by the dispute resolution specialist with in Minneapolis. His practice focuses North Carolina Chief Justice’s Commission Litigation Alternatives Inc. in Winter on medical malpractice, mass tort, on Professionalism. The commission Park, Fla., has been appointed adjunct products liability, personal injury, was created in November 1998 under professor of law at the Barry University consumer fraud and pharmaceutical former Chief Justice Burley Mitchell, School of Law to teach labor relations and biological products liability. He is a with the intent of promoting the law during the spring term of 2002. member of the American College of practice of professionalism within the Trial Lawyers and the American Board legal system. Womble’s award was of Trial Advocates. presented at the annual meeting of the 1969 N.C. Bar Association in October 2001. Norman E. “Ned” Donohue,who Kenneth Starling has been appointed practices at Dechert in Philadelphia, adjunct professor of law at Georgetown 1963 will lead the 650-member Probate & University Law Center, where he J. Thomas Menaker retired from his Trust Section of that city’s bar teaches the antitrust and health care labor and employment litigation association as chair in 2002. seminar. Ken is married to Susan practice. He lives in Marco Island, Fla. Parker Starling ’72.

40 DUKE LAW MAGAZINE • SPRING 02

VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI CLASS NOTES is a partner at teaches canon law is vice president, e-joined the Federal is the first vice r lives and works in and works lives DUKE LAW MAGAZINE 41 MAGAZINE LAW DUKE joined Harte-Hanks Inc., a is senior vice president • Hussmann Corporation in Hussmann Corporation SPRING 02 02 SPRING

eal estate, and media law. business consumer services for marketing elated ocusing on personal injury and Communications Commission as asso- Communications chief bureau ciate Services the Cable at in Washington,Bureau D.C. president ofpresident the Durham County Bar Judicial the Fourteenth and Association District Bar, at and the principal Finesse Couch & Associates, a firm f contracts. general counsel and assistant secretary general at Bridgeton, Mo. Finesse Couch Richard Hofstetter Richard D. Reginald Whitt of University and torts at St. Thomas School of in Minneapolis. Law 1983 Dean Blythe 1984 1981 Brian Hostetler David Potel 1982 E. Brian Davis Barbara Esbin Amber, Golding & Hofstetter in Munster, Ind. on focuses His practice r San Antonio, Texas, services interactive end-to-end provides that company and management customer relationship r marketers.and business-to-business He legal for as vice president will serve and secretary. affairs Louisville, Ky. emphasizes His practice white criminal defense (largely federal collar), bankruptcy, and commercial litigation. and deputy general counsel at Fidelity counsel at and deputy general in Boston. Investments as elected w is a partner has been selected to as named a senior is in solo practice in is in solo practice w is a litigator and partner is a litigator Green & Willstatter in White & Willstatter Green

at

rk King & Croft LLP in Atlanta. King & Croft ecutive committee of committee ecutive Coca-Cola

elations. four He spent the previous ederation’s vice president for federal for president vice ederation’s usiness and employment litigation usiness and employment ears as the National Wildlife ears as the National ariety of positions. management run the U.S. Protection Environmental of Office Agency’s Congressional R y F affairs. and international of and member vice president the ex Enterprises, Coca-Cola the largest bottler in the world. Dan has been with 15 years, for the company starting in the a through legal department and moving v Because of he moved the appointment Dallas with his back to Atlanta from children. wife and three Richard Willstatter Richard Richard Van Nostrand Van Richard 1979 Thomas Croft 1980 Daniel Bowling 1978 Jr. Bruce Jaques Steven Shimberg Plains, N.Y. specializing in criminal and appellate wo Escondido, Calif. is limited His practice planning, estate and related to elder law litigation. and civil probate at vice president ofvice president the Massachusetts Bar the 2001-2002 year. for Association a trustee of also appointed He was the Massachusetts Legal Assistance the Massachusetts by Corporation Court. Judicial Supreme He practices b with Mirick O’Connell LLP. VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI VISIT OUR WEB SITE AT runs the high-tech mer director of mer director as named the Pinellas as named magazine. r w is a partner at Foley & Foley is a partner at fo ormerly an immigration ormerly

vice president ofvice president Olive as elected vice chairman , ,f ,a w Business Week Business Week olk & Wardwell, in August hired was olunteer of 2001. in January the year judge in Miami, an appointed has been the Office judge for law administrative of the Social at Hearings and Appeals in Evansville, Security Administration Ind. Lardner in Orlando, in Lardner Fla. He practices ofin the areas tax law, law corporate law. and estate crime unit at the district attorney’s crime unit at County, in Santa Clara office Calif., as the top white-collar reigns he “where crime cop in Silicon Valley,” according to & Olive PA in Durham, PA & Olive N.C., the was guest of of the government Puerto Rico, of the University lecturing at Puerto Rico Medical School about law. intellectual property 1977 Susan Olive Gary Lynch 1975 Julius Finkelstein Ira Sandron John Sanders David Poe Eric Houghton 1974 of the section of Utility, Public and Transportation Communications the American Bar Association’s at Law in Chicago. meeting annual County (Florida) Public School adult County (Florida) Public v enforcement for the Securities and for enforcement Commission and former Exchange firm Davis York partner in the New P Suisse First Boston as Credit 2001 by counsel. its general class notes

In June 2000, Mary Hildebrand Gary Myers is a visiting professor of 1988 merged her practice into Goodwin law at Tulane University in New Douglas Christensen is a partner Procter LLP, becoming a shareholder in Orleans for the 2001-02 academic year. at Dorsey & Whitney LLP in the firm and chair of the intellectual His permanent appointment is at the Minneapolis. property/technology practice area in the University of Mississippi, where he Roseland, N.J., office. teaches and writes in the areas of Kathleen Hamm is senior vice intellectual property, antitrust, torts, president for compliance and regulation Kyung S. Lee joined the Houston and communications law. and director of market regulation for office of Diamond McCarthy Taylor & Nasdaq Liffe Markets LLC, a newly Finley, a boutique law firm focusing on Lisa Taylor is a partner at St. John & formed joint venture between the commercial litigation and insolvency. Wayne LLC in Newark, N.J., where she Nasdaq stock exchange and the He is their fifth equity partner, and is practices corporate law, administrative London International Financial spearheading the corporate bankruptcy law and healthcare and hospital law. Futures and Options Exchange. group. Michael Sholtz joined U.S. Trust Co. Lori Smith works at Goodwin Procter 1987 as senior vice president in its national LLP in New York City. Carl Birman spent the summer of 2001 planned giving services group after consulting with World Rehabilitation serving as Duke University’s director of Fund Inc., a non-profit organization planned giving for seven years. He will 1985 established in 1955 to serve disabled continue to live in Durham and Thomas James Gorman is a share- people worldwide. He also is involved in commute to U.S. Trust’s office in holder at Gorman & Kindberg PA in the political campaign for Brooklyn Greensboro, N.C. Charlotte, N.C. He practices real estate Borough president. law, corporate law and estate law. Graham White is a partner at David Jones is counsel at PPL Corp. Winderweedle, Haines, Ward & Lynn Hawkins is now of counsel to the in Allentown, Penn. Woodman PA in Winter Park, Fla., firm of FitzGerald Hawkins Mayans & where he chairs the trusts and estates Cook in West Palm Beach, Fla., while Elaine Panagakos is a litigator at The department. Last year he became living in Novi, Mich. Ackerson Group in Washington, D.C. Florida Bar-certified in wills, trusts and estate law. Paul Huey,a certified specialist in Lindsey Rader is a principal at Funk & complex business litigation and partner Bolton PA in Baltimore, where she 1989 at Bush, Ross, Gardner, Warren & Rudy practices in the area of public finance. Filip Ameloot is taking a one-year in Tampa, Fla., was appointed by Florida leave of absence from NEC to take a Gov. Jeb Bush to be a county judge. Steven Schwartz married Laurie Ann course in interpreting English and Schwartz in May 1999. The couple French into Dutch and another to-be- Steven Lazar was appointed by GPC welcomed a daughter, Melanie Danielle, determined language. He still lives in Biotech AG to be its vice president and in April 2000. Steven is a partner at Brussels, Belgium. worldwide head of intellectual property. Chimicles & Tikellis LLP in Haverford, Lazar, a registered patent attorney, will Penn. Jeffery Haff was honored as a “Super be based in the company’s Waltham, Lawyer,” an honor given to five percent Mass., offices. Joe Thesing joined Merial, an animal of attorneys in Minnesota by 13,500 of health company, as general counsel for their peers. The designation was Sonja Steptoe was promoted to senior its North American operations. Thesing announced in the August 2001 issue of editor in charge of investigations at leads the company’s team of four Minnesota Law & Politics magazine. People magazine. attorneys, supervising legal functions in Merial’s Duluth, Ga., headquarters and Michael K. Hoffman and his wife, its Athens, Ga., research facilities. Marian, welcomed their second son, 1986 Matthew Houseal, on June 14, 2001. William Matthews works at Lamberth, Bonapfel, Cifelli & Stokes in Atlanta. Min-Hui Li is an associate partner at Baker & McKenzie in Taipei, Taiwan.

42 DUKE LAW MAGAZINE • SPRING 02

VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI Mark Rosenberg and wife Marnie Kimberly Dopkin Rasevic joined the 1993 announce the birth of daughters Washington, D.C., office of Dechert. Teresa DeLoatch Bryant joined the Hannah Mae and Madeline Ruth, Her practice focuses on securities law law firm of Brooks, Pierce, McLendon, born September 20, 2001. matters with a particular emphasis on Humphrey & Leonard LLP in investment management. Greensboro, N.C. She and husband CLASS Matthew Sawchak joined Ellis & Kelvin welcomed a daughter, Brenna Winters, a Raleigh, N.C. firm that Elissa Shendalman works at Merrill Knicole, on July 31, 2000. NOTES focuses on business litigation and Lynch in New York City. appeals, as a partner. Alan Gallatin and his wife Sharyn wel- comed a son, Joshua Philip, on 1992 November 15, 2001. Alan graduated 1990 Hans Brasseler was promoted to director from the NYU LLM in Taxation pro- Greg Baylor and his wife Melisse of legal affairs at Symantec Corp. He is gram in May 2001 and is manager of tax welcomed their second daughter, responsible for the mergers and acquisi- and legal services at PricewaterhouseCoopers Greta Faith, on June 28, 2001. tions and securities work, and he heads LLP in New York City. the Asia-Pacific and Japan practice Karen Cashion and Richard Burton groups from his Cupertino, Calif., office. Eric Glover prosecutes public corrup- welcomed a daughter, Sydney Grace, tion cases at the U.S. Department of on July 23, 2001. Karen has accepted a Omar McNeill was promoted to Justice’s Public Integrity section. position as assistant general counsel for executive vice president and counsel Earthlink in Atlanta. at MBNA America Bank, NA in After traveling the world as an Air Wilmington, Del. There he manages Force JAG officer, Avis Kinard was Terrill Harris is a partner practicing the litigation and employment law assigned to the Pentagon as the chief health and hospital law at Smith Helms group. He and wife Lisa welcomed of executive services for the Judge Mulliss & Moore LLP in Greensboro, their second daughter, Peyton Elijah, Advocate General of the Air Force. N.C. on May 30, 2001. Lynn Halpern Lederman and husband Stephane Schwartz practices Shirley Meyer is the educational Stuart welcomed a daughter, Jordan international law at Electricite de products manager at the American Bar Lydia, on February 8, 2001. Lynn is a France in Paris. Association in Chicago. vice president in the estate planning department of U.S. Trust Company Anthony Taibi practices personal Sandra Rosen is assistant general of New York. injury law and consumer law at the law counsel at American Tower in Boston. offices of James Scott Farrin in John Lopes is senior vice president Durham, N.C., where he is a shareholder. Glenn Sarno has been elected a of racing operations at Champion partner of Simpson Thacher & Bartlett Auto Racing Teams (CART) Inc. in in New York City. His practice focuses Troy, Mich. 1991 on private equity funds, hedge funds Colm Connolly was confirmed by the and other aspects of alternative asset Michael Newbold is vice president U.S. Senate as U.S. Attorney for the management. and general counsel of NerveWire, Inc., District of Delaware. in Newton, Mass. NerveWire is a tech- Thomas Telfer has been appointed nology-focused management consulting Garrett Epps, the author of To an an associate professor of law at the and systems integration firm founded in Unknown God: Religious Freedom University of Western Ontario, effective August 1999. on Trial (St. Martins Press, 2001), is a January 2002. After eight years in New visiting associate professor at Duke Zealand, Thomas, wife Patricia and Jeremy Weiss practices law in the Law School during the 2001-2002 sons Alexander and Patrick will reside offices of Samuel N. Reiken in academic year. in Ontario, Canada. Montville, N.J.

SPRING 02 • DUKE LAW MAGAZINE 43

VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI alumni snapshot

A Love of Research Leads to a Diverse Career for Author Jon T. Hoffman ‘94

Though he has never practiced law, Jon T. Hoffman ’94 uses his legal training often in his job as a military historian. Courtroom lawyers rely on thorough research to prove their case to a judge or jury; historians use research to prove historical facts, or disprove long-held inaccuracies. “To me, going through old documents is pretty exciting,” Hoffman said. His interest in law predated his love of history. “I never expected to be a professional historian,” he said. A lieutenant colonel in the U.S. Marine Corps, Hoffman currently serves as the deputy director of the Marine Corps’ History & Museums Division. From his office at the Washington Navy Yard, he oversees budget, facilities and personnel, and edits Fortitudine, the quarterly bulletin of the Marine Corps Historical Program. In his spare time, he also writes full-length biographies of famous Marines. His latest, Chesty, published by Random House in August 2001, Jon T. Hoffman ‘94 published his first book the year he examines the life of Lt. General Lewis “Chesty” Puller, the graduated from law school. most famous and revered Marine of the 20th century. “Biography to me is a fascinating subject,” Hoffman said. “You really get to dig into the personality as opposed to just Once A Legend was published as Hoffman graduated, generic facts.” and won the Marine Corps Historical Foundation’s 1994 Hoffman, now 46, wrote his first biography on Marine Greene Award for the best book of the year pertaining to Major General Merritt “Red Mike” Edson during his second Marine Corps history. His success as a historian prompted the year of law school in 1992 – 13 years after his first year of Marines to call him back to active duty, using that expertise. law school. He also has continued to write, publishing articles and Although Hoffman originally enrolled at Duke Law School contributing to books. in 1979, he stayed only one and a half years. He left to His latest book also has been well received. John C. accept a commission as an officer in the Marines. After Edwards of the University of Georgia Libraries called Chesty training, he spent 1982-85 on active duty commanding a “engrossing” in a review in Library Journal: “Hoffman’s platoon, and the next three years as an instructor for a rifle research efforts into untapped sources, map selections, and company in San Rafael, Calif. He then attended Ohio State detailed battlefield accounts are the cardinal strengths of this University, earning a master’s degree in history in 1989. definitive biography.” It also won the Greene Award. He stayed on active duty until early 1992, when he His current assignment on active duty will end this transferred to the Marine Corps Reserve. Then, he said, summer, when he hopes to return to reserve status and he thought again about law school – he wanted to finish resume writing full time. His current literary project, which he something he had started, and was still considering becoming described as a coffee-table book, is the text for an illustrated a lawyer after his Marine Corps career. chronology of the Marine Corps. Then he’ll research his As he resumed his legal studies at Duke in the fall of favorite era, World War II, for another biography subject. 1992, Hoffman continued expanding his graduate thesis on Although he never did become a practicing lawyer, Edson into a full-length book, Once A Legend. Hoffman said his law degree has proven beneficial to his “I completed the first draft during my first year back in law unexpected career progression. “I learned a lot in my tax school (taking second year courses, of course),” he wrote via and contract courses, and especially my intellectual property e-mail. “As you can imagine, it was a busy schedule! I did courses with Professor [David] Lange, that have had direct revisions during evenings and weekends that summer (1993) benefits in managing my writing career.” while clerking for Judge Robert Wiss on what was then called the Court of Military Appeals (a position Judge [Robinson] — Claire Cusick Everett helped me obtain).”

44 DUKE LAW MAGAZINE • SPRING 02

VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI CLASS NOTES , ks at the ks at is an attorney is an attorney ,wor ks at Moore & Van Moore ks at r is a vice president is a vice president ecently left private ecently r is an associate at is an associate ks at Schut & ks at r is a judge in the wo is legal counsel at the is legal counsel at practices corporate and corporate practices DUKE LAW MAGAZINE 45 MAGAZINE LAW DUKE wo is an assistant U.S. Chris McLaughlin • is assistant general is assistant general Meyndt Ransmayr Schweiger & Schweiger Meyndt Ransmayr Deutsche Securities Ltd. in Tokyo. SPRING 02 02 SPRING anazawa District Court of District anazawa Japan.

aleigh, N.C. esearch Triangle Park, Triangle esearch N.C. and Lynn eykjavik, Iceland. ictoria Bilousenko artners in Linz, Austria. His practice oshishige Suzuki ynn Leubuscher atsubumi Sato ttorney for the Southern District the Southern ttorney for ocuses on business law,ocuses on business arbitration Allen PLLC in Charlotte,Allen PLLC N.C. development officer for information for officer development School, Law Duke at technology in live R counsel at Self-Help Credit Union in Credit Self-Help counsel at Durham, N.C. Grosheide in Amsterdam,Grosheide he where media law,practices intellectual law,property entertainment law. and a of Florida in Miami. K practice in Maine to accept a position practice IBM Corp.as in-house counsel for in R her husband, Dewey Ballantine in London.Dewey His wife, securities law at Lowndes, at securities law Drosdick, Doster, P.A. & Reed Kantor in Orlando, Fla. L 1996 Oleg Bilousenko V Robert Bowers Stacey Collard Keith Ernst Elin Jonsdottir Niels Mulder T Thomas Schweiger John Shipley Y Financial Supervisory Authority in Financial Supervisory Authority R at P f and acquisitions. at European Bank for Reconstruction and Reconstruction Bank for European in London. Development her goal is to her goal is , ks in the labor r ks at Sprint in ks at r as promoted to as promoted as named a partner wo w w wo married Lauren Young Young married Lauren Bass, Nashville, Berry & Sims in

enn. in the firm's corporate He works wn business counseling and investment counseling wn business odd J. Rolapp ocuses on complex civil litigation of litigation civil ocuses on complex and employment group at Alston & at group and employment LLP in Atlanta.Bird His practice f disputes.employment and his Chris a daughter, wife Marie welcomed Mary Elizabeth, 10, on April 2001. Overland Park,Overland Kan. in Schwenksville, Pa., on September 30, 2001. Chris Marquardt Roburt Waldow 1995 Jon Gordon Pittsburgh Post-Gazette Pittsburgh Laurie Putthoff T partner at Brobeck,partner at Phleger & Harrison Alto,in Palo Calif. T and and securities/intellectual property areas. technology new at get entrepreneurs and other business get entrepreneurs to people within the community connect, startup Pittsburgh’s and make cohesive.scene more runs her She also o practice, Counseling. ViveVenture Chris Marquardt’s ‘95 daughter ‘95 daughter Chris Marquardt’s Mary Elizabeth VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI VISIT OUR WEB SITE AT practices real estate real practices as elected shareholder as promoted to as promoted as promoted to senior as promoted ks as a senior manager w as promoted to partner as promoted w r w w wo created and sings at created is a branch chiefis a branch the at er, Poe, Adams & Bernstein LLP rk o Stock Exchange, and married ky Pa

enture capital financing and general capital enture Michael Balfe ‘94 with Briggs and Morgan P.A.with Briggs and Morgan in Minneapolis, in the he practices where ofareas and acquisitions, mergers v work. transaction corporate southeast regional office of office southeast regional the U.S. Commission Securities and Exchange in Miami. a welcomed He and his wife daughter, Lily, 6, on March 2001. a son,They also have Charlie, 2. in the derivatives department of department in the derivatives the To manager in the international tax in the international manager Ernst & Young at consulting practice LLP in Pittsburgh, Pa. law and business law at Dierking & Dierking at law and business law in Boulder,Associates Colo. Jessica Lee Debra Kleman Russell Killen Chuck Johnson Ivan Harris Kenneth Diamond Go Daimon 1994 Michael Balfe partner at Parker,partner at Poe, Adams & Bernstein LLP in Charlotte, N.C. Entrepreneurial Thursdays at Dowe’s at Thursdays Entrepreneurial Pittsburgh. jazz club in downtown Lee in the to an article about According Sachie Komiya on April 21, on April Sachie Komiya 2001. at in Raleigh, N.C. class notes

Julia Carole Thompson married Elizabeth Palmer Martin married pany makes software tools for people J. Lee Hord on September 15, 2001 in Michael Joseph Bowe on June 24, 2000 who want to make electronic products, Winston-Salem, N.C. in Hanover, N.H. This is a correction to and Stephane is general counsel and an announcement in a previous issue of director of corporate communications. Duke Law Magazine.We regret the error. 1997 Hector G. Ibarra-Gamez left the Paul Carberry married Anne Marie Maria Gennadyevna Oleinik is legal Charlotte firm of Parker, Poe, Adams & Rose on June 30, 2001, in Hawley, Pa. counsel and secretary at Blue Ocean Bernstein LLP to join Eastern Seaboard The wedding party included Peter Associates in London. Packaging Inc. (in Cornelius, N.C.) as Lee ’98 as best man. corporate counsel. Pamela Forrestall Roper practices real estate law at Sutherland Asbill & Christine Brown James and her Brennan in Atlanta. husband David James, welcomed a son, Lewis. Jeremy Rosen joined the appellate boutique firm of Horvitz & Levy in Mary Flaherty-Lovy and Westin Lovy Los Angeles, where he will practice civil welcomed a daughter, Olivia Ruth, on appellate law. June 20, 2001.

Dan Thurber works at Dorsey & Caitlyn Fulghum left Glenn, Mills & Whitney in Salt Lake City. Fisher PA to start her own practice in Pictured at the Carberry-Rose wedding Durham, N.C. are (front row, from left): Kevin Zolot ‘98, Mark Filipini ‘98, Scott Carroll ‘98, 1998 Aaron Tehan ‘98 (back row, from left) Melissa Igdaloff Attar and her Miranda Mitchell ‘98, Rob McCarthy ‘97, husband, Ron, announce the birth of Miriam Radich ‘97, Matt Kirtland ‘97, their first child, Rachel, on August 30, Paul Carberry ‘97, Peter Lee ‘98, 2000. The family lives in New York Lauralyn Beattie ‘98 and Ryan Wirtz ‘98. City, where Melissa enjoys being a stay-at-home mom.

Peter Dosik left Kilpatrick Stockton Jeremy L. Cook works at Haynsworth after four years. In January 2002, he Sinkler Boyd, P.A. in Charleston, S.C. began working at Baker & McKenzie Kelly Garcia ‘98 in Sydney, Australia. Rafael Chavero published a book, entitled El Nuevo Regimen del Amparo John Hinding practices tax law at Constitucional en Venezuela,about Kelly Garcia joined the Atlanta office Sutherland, Asbill & Brennan in constitutional writs in the new of Stites & Harbison (formerly Varner, Washington, D.C. Venezuelan Constitutional regime. Stephens, Humphries & White) as a He lives in Caracas. business litigation associate. Traci Jones married Ara Lovitt on October 7, 2001 in Williamsburg, Va. Diana Chiampi practices IP law at Neneh Mbye has joined Alston & Bird Software AG in Germany. LLP as an associate in the firm’s labor Aaron Kitlowski works at Simpson and employment group in Charlotte, N.C. Thacher & Bartlett in New York City. Lafayette L. Crump joined Quarles & Brady LLP’s Milwaukee office as an Miranda Mitchell left Littler Denis Ladegaillerie moved from intellectual property litigator. Mendelson, PC in New York City Paris to Los Angeles to become vice to return to Duke Law School as president of mergers and acquisitions Stephane P. Des Lauriers left the its assistant director of career services. for Vivendi Universal Net USA, an White & Case international trade group She married Kevin Zolot on December Internet holding company. for an opportunity with Precience, an 29, 2001. electronic design automation software startup in Burtonsville, Md. The com-

46 DUKE LAW MAGAZINE • SPRING 02

VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI Stacey Nahrwold works at the Brooks Giles and his wife Sasha Ido Warshavski is an associate at Securities and Exchange Commission welcomed a daughter, Caroline Proskauer Rose LLP in New York City. in Washington, D.C. Siobhan, on August 13, 2001. Brooks is He and his wife Shira welcomed their still working at Skadden, Arps, Slate, first son, Roy, on May 17, 2001. Nicole Owens is a contract compli- Meagher & Flom in Chicago. CLASS ance specialist for the city of Atlanta, working in the mayor’s office. David Harrison works in the finance

2000 NOTES department of Freshfields Bruckhaus Kevin Anderson is an associate at Wiley, Robert Phocas left Hale & Dorr’s Deringer in New York City. Rein & Fielding in Washington, D.C. Boston office to join the U.S. Environmental Protection Agency Makoto Isshiki is vice president and Megan Bean married Benjamin (also in Boston) as enforcement counsel. counsel for Deutsche Bank in Tokyo. Harvey on Whidbey Island, Washington, on August 12, 2000. She Tetsuo Shimizu works for Sumitomo Michael Kelly is a litigator at Skadden, now lives in Los Angeles and works as Rubber Industries Ltd. in Kobe, Japan. Arps, Slate, Meagher & Flom LLP in an associate in the litigation department Washington, D.C. of O’Melveny & Myers. Jill Steinberg is an associate at Rogers and Hardin in Atlanta. Felipe Lecaros and Melvina Lecaros Gregg Behr, an associate at Buchanan ’01 welcomed a son, Jose Francisco, Ingersoll in Pittsburgh, Pa., helped In early 2001, Arthur Swanson moved on October 16, 2001. found the Content of Our Character with his wife and daughter to Seattle to Project based at Duke’s Kenan Institute become an associate at Sidley Austin Brown Nicole Leonard practices environmental for Ethics. A forum, “The Content of & Wood, where he practices corporate law at Squire, Sanders & Dempsey LLP Pittsburgh’s Character: A Community law and corporate financial law. in Palo Alto, Calif. Conversation on Ethics and Leadership,” held in September 2001, was intended Jon Taylor and his wife Amanda Andrew McNee is an associate at to be the first of several around the welcomed their second child, Emma Baker & McKenzie in Sydney, Australia. country. Elise, on October 10, 2001. Jon is an associate at Cooley Godward LLP in Kali Murray is an associate at Venable, Julia Blue is an associate practicing Broomfield, Colo. Baetjer, Howard and Civiletti in New corporate law at Simpson Thacher & Yo rk City. Bartlett in New York City. Gialisa Whitchurch has moved to Santa Monica, Calif., to practice first Cynthia O’Neal is an associate at Deborah Burkart Carlson got amendment and media law with Davis Smith, Helms, Mulliss & Moore LLP married on August 4, 2000. Wright Tremaine in Los Angeles. in Raleigh, N.C. Adarsh Carter is an associate at Kaye Benjamin Priester accepted an offer Scholer LLP in Los Angeles. 1999 to become an assistant professor at David Azar is an associate in the Florida State University College of Nicole Clement is an associate practicing litigation group at Sullivan & Cromwell Law beginning with the 2002-03 corporate law at Hutchins, Wheeler & in Los Angeles. academic year. Dittmar in Boston.

Konstantin Chelney works in the Alyssa Rebensdorf practices in the Alison C. Conlon completed her litigation department at Shearman & area of product liability at Leonard, clerkship in the Northern District of Sterling in New York City. Street and Deinard in Minneapolis. Illinois and joined the City of Chicago Department of Law. She represents the David Dummer completed his Bien Tran is an associate in the city and its officials in a broad range clerkship with the Hon. Thomas B. litigation department at Fulbright & of constitutional challenges to city Russell in the Western District of Jaworski LLP in Houston, Texas. ordinances and actions. Kentucky. He began working as an associate at Gibson, Dunn & Crutcher’s Jonathan Vanden Bosch works at Albert Courie is a first lieutenant in Dallas office. Mayer, Brown & Platt in Charlotte, the U.S. Army JAG Corps stationed at N.C. Elizabeth City, N.C.

SPRING 02 • DUKE LAW MAGAZINE 47

VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI class notes

Mark DeVries works at JP Morgan in Amy Murphy completed her clerkship 2001 New York City. with the Hon. William L. Osteen in the Leigh Bacon is an associate at Miller & Middle District of North Carolina and Chevalier in Washington, D.C. Scott Dodson is an associate in joined Mayer, Brown, Rowe & Maw’s the labor and employment group at Charlotte, N.C., office. Heinrich E. Baelz began work as a Gardere Wynne Sewell LLP in Houston. foreign intern in the Chicago office of Luis E. Palacios joined Milbank, Latham & Watkins in September 2001. Duncan B. Douglass completed his Tweed, Hadley & McCloy LLP’s Los clerkship for the Hon. Gerald Tjoflat Angeles office in September 2001. He is Hojin Chang is an associate practicing ’57 of the U.S. Court of Appeals for a member of the firm’s global project intellectual property law at Fish & the Eleventh Circuit in August 2001. finance group. Neave in New York City. He then joined Alston & Bird LLP in Atlanta as an associate. Ignacio Pallarès works at Cuatrecasas Alexander Dale works at Ward and Abogados in Barcelona, Spain. Smith PA in Wilmington, N.C. Atiba Ellis is clerking for the Hon. Theodore A. McKee in Philadelphia. Nathan A. Sales works in the U.S. Stephanie Dattilo is an associate Department of Justice, Office of Legal at Simpson Thacher & Bartlett in Blair Hedges is an associate practicing Policy in Washington, D.C. New York City. securities law at Brobeck, Phleger & Harrison LLP in Austin, Texas. Mariya Seacrest is clerking for the Molly Felmet is clerking for the Fourth Honorable James L. Oakes, U.S. Court District Court of Appeals in West Palm Hugh Hollman practices finance and of Appeals for the Second Circuit, in Beach, Fla. securities law at Dechert in Brattleboro, Vt. Washington, D.C. Ellie Firouzi practices intellectual Cory Skolnick is an associate at property law at Fish & Neave in New Kirk Jensen is an associate at Wilmer, Gibson, Dunn & Crutcher LLP in Yo rk City. Cutler & Pickering in Washington, D.C. Washington, D.C. Fernando Fresco works for the capital Yasuo Kitamura practices corporate Joshua C. Stokes joined Gibson, markets department at Simmons & law at Ozawa & Akiyama in Tokyo. Dunn & Crutcher in Los Angeles as a Simmons in London. litigator. Nikos Konstantinides has returned to Kathleen Fuller is an associate at Dow, Athens, Greece, after working for a year Barry Uhrman was recently elected Lohnes & Albertson in Washington, in the New York City offices of president of the Duke University D.C. Pillsbury Winthrop LLP. In September Alumni Club of Arizona. The club has 2001 he began a one-semester appoint- more than 800 members. Ignacio Funes de Rioja represented ment at the College of Southeastern his firm, Funes de Rioja & Asociados, Europe to teach English constitutional Neal Wheeler is an associate practic- in the foundation of the Labor Forum and intellectual property law. He joined ing corporate law, securities law and of the Americas. The Forum brings the Greek Army for his 15-month international law at King & Spalding together law firms specializing in labor military service in February 2002. in Atlanta. and employment law from Spain, Chile, Uruguay, Colombia, Mexico, Peru, Hirofumi Konya works at Kansai Georg Zehetner works for the task Brazil and Argentina. Electric Power Company in Osaka, Japan. force for European Union enlargement at the Ministry of Foreign Affairs in Greg Gibbs is an associate at Pennie & John McBroom joined the Minneapolis Vienna, Austria. Edmonds LLP in New York City. office of Faegre & Benson, where he works in its labor and employment group. Adolfo Martin R. Gonzalez is securities review counsel in the Office of the Shannon McDonald is an associate at General Counsel at the Securities & Miller Nash LLP in Portland., Ore. Exchange Commission of the Republic of the Philippines.

48 DUKE LAW MAGAZINE • SPRING 02

VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI Linda Hayes is an associate at Hale Gideon Moore is an associate at Shiry Trifon is an associate practicing and Dorr LLP in Washington, D.C. Cadwalader, Wickersham & Taft in banking and securities law at Weksler, New York City. Bregman & Co. in Tel Aviv. Carolyn Heyman practices healthcare law and hospital law at Buchanan Jaime Murray is clerking for the Hon. Melissa Trousdale works at Fenwick & CLASS Ingersoll in Pittsburgh, Pa. Gerald Tjoflat ’57,ofthe U.S. Court West LLP in Palo Alto, Calif. of Appeals for the Eleventh Circuit, in NOTES Sarah Hill is an associate practicing real Jacksonville, Fla. Carsten van de Sande practices in the estate law at Piper Marbury Rudnick & areas of corporate law and mergers and Wolfe LLP in Washington, D.C. Yevgeniya Rebotunova works at acquisitions at Hengeler Mueller in White & Case in New York City. Dusseldorf, Germany. Randall Katz is clerking for the Hon. Gerald Tjoflat ’57,ofthe U.S. Court Mary Richardson is an associate at Michael Wejp-Olsen joined Bech- of Appeals for the Eleventh Circuit, in McKinsey & Company in Boston. Bruun Dragsted of Copenhagen, Jacksonville, Fla. Denmark – the largest law firm in Faye Rodman is an associate at Scandinavia. He is an associate in the Kiyoung Kim is a judge in the Nonsan Gardere Wynne Sewell LLP in Houston. mergers and acquisitions department. branch of Daejon District Court in Nonsan, South Korea. Ivan Ruiz practices telecommunications Bradford Whitehurst is an associate law, corporate law and energy law at practicing tax law at Hogan & Hartson Anne Ladegaillerie practices real Gonzalez Calvillo y Forastieri in Mexico. LLP in Washington, D.C. estate law at Etude Wargny-Katz in Paris. Jana Scharf married Seth Safra on Bradley Wiltshire is an associate at August 12, 2001. The couple lives in Hermes Sargent Bates LLP in Dallas. Ramon Lafee works at Arvesu North Bethesda, Md. Urdaneta Calzadilla & Perez Burelli Jason Wu is an associate practicing in in Miami. N. Nell Scott practices commercial law the areas of technology and science, at Clifford Chance Rogers & Wells in intellectual property and litigation at Allison Langer is an associate at New York City. Baker & McKenzie in Taipei, Taiwan. Holland & Knight in Ft. Lauderdale, Fla. She practices corporate, tax and Chris Seufert is an associate at estate law. Andrews & Kurth, Mayor, Day, Caldwell & Keeton in Houston. Melvina Lecaros and Felipe Lecaros ’99 welcomed a son, Jose Francisco, Nicolas Silva is in-house counsel at on October 16, 2001. Lan Chile S.A. in Santiago.

Sarah Leung and Jean-David Larson Mark Singer is an associate at Weil, were married on August 12, 2001. Gotshal & Manges in New York City. Sarah is an associate with Heller, Ehrman, White & McAuliffe in Seattle. Jamieson Smith works at Venable, Jean-David practices securities law, Baetjer, Howard & Civiletti in technology and science law, and Washington, D.C. corporate law at Orrick, Herrington & Sutcliffe LLP, also in Seattle. Desiree Sumilang is an associate practicing in the U.S. law group at Meggan Louden works at Jones, Day, Allen & Overy in London. Reavis & Pogue in Cleveland, Ohio. Leigh Thorne is an associate practicing Johan Mattsson works at Cravath, patent law at Alston & Bird LLP in Swaine & Moore in New York City. Raleigh, N.C.

SPRING 02 • DUKE LAW MAGAZINE 49

VISIT OUR WEB SITE AT WWW.LAW.DUKE.EDU/ALUMNI in memoriam

1935 solo practice in 1974. Daniel was a past chairman of the Pike County Nicholas Orem Jr., 90, died February president of the Georgia Trial Lawyers Democratic Executive Committee from 3, 2002, in Bethesda, Md., of pneumonia. Association, and was a founder and 1964 to 1967. Before receiving a master Born March 6, 1911, in Easton, Md., the first president of the Georgia of laws degree from Duke Law School, he grew up in Hyattsville, Md. A Association of Criminal Defense Friend graduated from the University former attorney for the city of Lawyers, known as GACDL. He of Kentucky Law School. He also Hyattsville, he was also general counsel received a commendation in 1973 from served in the Army in World War II. of the Washington Suburban Sanitary the National Association of Criminal Friend is survived by his wife, Commission, and a senior partner in Defense Lawyers, and an award for Margaret; a daughter, Clarissa Friend; the law firm of Duckett, Orem, Christie outstanding leadership in 1977-78 from two sons, Kelsey E. Jr. and Joe J. and Beckett. He had been a director of that organization. Daniel is survived by Friend; two brothers, Wallace and Suburban Trust Co. and a board his wife, Jean, of Alpharetta, Ga.; three Ballard Friend; a sister, Evelyn member of the Prudential Building daughters, Mary Stark of Atlanta, Judy Newsom; six grandchildren; and a Association. He served in the Army as Lawson of Cleveland, Ga., and Isabell great-grandchild. an instructor in military law during Eisenmann of Farmington, Ga.; a World War II, then returned to his sister, Isabell Field of Marietta, Ga.; Perry Shields, 77, died January 14, Prince George’s County, Md., law and three grandchildren. 2002, in Knoxville, Tenn., after a stroke. practice. He was a fellow of the Shields served on the U.S. Tax Court in Maryland Bar Foundation and a DeRosset Myers, 81, died July 12, Washington, D.C., for 12 years before member of the board of governors of 2001. A native of Charleston, S.C., he retiring to Knoxville in 1994. A World the Maryland State Bar Association. was a Navy veteran of World War II. War II veteran, Shields was wounded Survivors include his wife of 52 years, He was a partner in the law firm of while serving with the Army’s 104th Dorothy Dennis Orem of Kenwood, Pritchard, Myers and Morrison. He Infantry Division in France. He had Md.; a daughter, Elizabeth Bjorklund was elected vice president of the S.C. attended Yale and Princeton. In 1952, of Chevy Chase, Md.; and two Trial Lawyers Association in 1968 and he joined the agency that later became grandchildren. president in 1969. In 1974, he served as the Internal Revenue Service, serving in president of the S.C. Bar Association. the agency’s chief counsel’s office before 1948 He also was the state bar delegate to working for the IRS in Georgia and William W. Daniel, 79, died January 8, the American Bar Association’s House North Carolina from 1954 to 1956. 2002, of cancer. Daniel served on the of Delegates from 1975 to 1981. In From 1956 until his appointment to the Fulton County (Georgia) Superior addition to his law degree, he also Tax Court in 1982, he had his own tax Court bench from 1979 until 1996, and earned a bachelor’s degree in economics law practice in Knoxville and served as a senior judge through from the University of the South in Chattanooga, Tenn. Shields is survived December 2000. He was the author of 1941. Myers served as chairman of the by his wife of 50 years, Bonnie Shields Georgia Criminal Trial Practice, Charleston Red Cross, and was also of Knoxville; a son, Bailey, of Maryville, Georgia Criminal Trial Practice Forms active in the Carolina Art Association, Tenn.; two daughters, Leslie Shields of and Georgia Handbook on Criminal the Charleston Episcopal Churchmen Knoxville and Beth Shields of Evidence. He served in the U.S. Naval and St. Stephens Episcopal Church. He Savannah, Ga.; and three grandchildren. Reserve in World War II from 1943 to is survived by his wife, Barbara 1946. In addition to a master of law Mordecai Myers, three children, a 1952 degree from Duke Law School, he brother and six grandchildren. James Edward Carty, 80, died received a bachelor’s degree in business October 31, 2001, in Ridgefield, Wash. administration from Emory University 1950 Born November 11, 1920, in Ridgefield, in 1943 and a bachelor of laws degree Kelsey Evans Friend, 79, died August he graduated from Ridgefield High from the Walter F. George School of 25, 2001, of congestive heart failure. School, and received a bachelor’s degree Law at Mercer University in 1947. He Friend, who served 20 years in the from Washington State University in then began practicing law as a sole Kentucky state senate, began his 1949. He was attorney for the city of practitioner in 1948, interrupted by political career as master commissioner Woodland, Wash., for 22 years and for service in the Marine Corps in Korea. for the 35th Judicial District for Pike the ports of Woodland and Kalama, He practiced with Ward, Brooks, Parker County (Kentucky) from 1950 to 1952. Wash., and was prosecuting attorney & Daniel, then with Parker & Daniel, He was Pike County attorney from for Clark County from 1973 until 1980, and finally with Johnson, Harper, 1954 to 1957 and commonwealth’s when he retired. Upon retirement, he Daniel & Ward, before returning to attorney from 1958 to 1963. He was moved to Tucson, Ariz., and in 1984

50 DUKE LAW MAGAZINE • SPRING 02 returned to Ridgefield. Carty is Association for many years. His wife, Bar Association. He was a member of survived by his wife, Leona P. Carty; Sandra, a sister and brother-in-law, the West Virginia Trial Lawyers sons, Michael and Ken; daughters, Ruth and Samuel J. Gordon, and a Association, West Virginia Defense Julianne Brown, Ann Jewell and niece, Susan Thureson and her husband Trial Counsel Board of Directors, and

Bridget Carty; brothers, Martin and David, survive him. National Association of Railroad Trail IN MEMORIAM William; and eight grandchildren. Counsel. He was selected to the first 1956 group of “Fellows” chosen in the West Walter R. Dudek, 79, died November Carl Preston Rose, 72, died August 6, Virginia Bar Foundation in 1999. A Phi 28, 2001, in Hartford, Conn. He served 2001, of a pneumonia-related Beta Kappa graduate of West Virginia as town attorney for Enfield, Conn., in pulmonary embolism. Rose, who had University, he also was an officer in the the late 1960s and early 1990s, and for worked for the Senate Committee on United States Army. Survivors include the past 10 years was attorney for the Agriculture, Nutrition and Forestry his wife, Donna Hardy Watson; broth- Enfield Industrial Development from 1974 until 1987, retired as general er-in-law and sister-in-law, Dennis and Commission. He was a former judge counsel and staff director for the Janice Hardy of Tazewell, Va.; and sis- and prosecutor of the Suffield Town minority party. After retiring, he was a ter-in-law, Sandra Watson of Arizona. Court and a former member of the consultant for U.S. and foreign govern- Suffield Board of Tax Review. He ments on agricultural matters. A resi- 1979 was appointed by the governor of dent of Arlington, Va., he was born in Gary D. Buchanan, 47, died January 9, Connecticut to the state binding Rocky Mount, N.C. He earned a bache- 2002, in Nashville, Tenn. Born arbitration panel for 10 years. Dudek lor’s degree in English from Trinity February 21, 1954 in Nashville, he received an undergraduate degree in College in 1951. He was an Air Force served as senior staff attorney with the business administration from the veteran of the Korean War. From 1956 Tennessee Protection and Advocacy University of Alabama. He was a until 1974, he was a lawyer for the Inc. After graduating from Middle member of the Connecticut Bar since Agriculture Department in the office of Tennessee State University and from 1954 and was admitted to practice general counsel. He is survived by his Duke Law School, Buchanan worked as before the U.S. District Court in wife, Ruth Preston Rose, of Arlington; staff attorney at the Association of Washington, D.C. He was an Army two daughters, Anne Cook-Rose of Retarded Citizens, at King and Ballow, veteran of World War II. Richmond, Va., and Lynne Rose Ryan and in solo practice before joining He is survived by his wife, Irene of Fairfax Station, Va.; a sister; and Tennessee Protection and Advocacy in Dudek; a son, attorney Karl R. Dudek, two grandchildren. 1995 as its senior staff attorney. Nationally and his wife, Enfield Probate Judge known as a successful special education Susan L. Warner, of Enfield; a daugh- 1965 attorney, he won numerous important ter, Dr. Leigh M. Sorokin, and her hus- Wade Thomas Watson, 63, died cases, including Sixth Circuit decisions band, Dr. Gregory Sorokin, of September 9, 2001, at Duke University such as Metropolitan Bd. of Public Scottsdale, Ariz.; three grandchildren; a Medical Center. Born June 21, 1938, in Educ. v. Guest, 193 F.3d 457 (6th Cir. brother, Fred Dudek of Suffield; and Gary, W.Va., he was the son of the late 1999); Tennessee Dept. of Mental two sisters, Julia Czyz of Suffield and Frank E. and Anna Juanita Watson. He Health and Mental Retardation v. Paul Bertha Tetreault of Florida. was appointed assistant prosecuting B., 88 F.3d 1466 (6th Cir. 1996); and attorney of McDowell County (West Krichinsky By and Through Krichinsky 1953 Virginia), and was later elected to the v. Knox County Schools, 963 F.2d 847 Harold L. Biloon, 76, died January 28, office of prosecuting attorney, serving (6th Circuit 1992). He was a member of 2002, at home in West Hartford, Conn. 1976-1984. He once practiced law with the Tennessee Bar Association, the 6th An attorney in Hartford and the firm of Sanders, Watson and White Circuit Court of Appeals and the U.S. Wethersfield, Conn., for 47 years, he in Bluefield, W.Va., and, at the time of Supreme Court. He is survived by his also held degrees from the Loomis his death, was practicing law with the wife, Linda Sample Buchanan; parents, School and Harvard College. He served firm of Brumfield and Watson. He was Mr. and Mrs. James Buchanan; sister, in the United States Navy during World a former president of the West Virginia Luann Hutchinson; father-in-law, War II. He was a member of the Prosecuting Attorneys Association, a Russell Sample; and brother-in-law, Hartford County Bar Association and former president of the West Virginia Russ Sample. the Connecticut Bar Association and Law Institute, a former president of the was a member of the Banking Law, McDowell County Bar Association, Real Estate and Financial Institution and a former chairman of the Criminal Sections of the Connecticut Bar Law Committee of the West Virginia

SPRING 02 • DUKE LAW MAGAZINE 51 in memoriam Thomas F. Blackwell ‘86 January 13, 1961 - January 9, 2002

The Duke Law School community a law professor, I have no doubt that he was a fine teacher was shocked and saddened to who cared for his students and who cared about the law. He learn that Tom Blackwell (JD/MA will be missed. Philosophy ’86) was among those killed in the shootings at Tony Braz (JD‘86) Appalachian School of Law on I graduated with Tom in 1986 and knew him well. Tom was a January 9, 2002. In the days and very nice guy. I kept in touch with him on and off over the weeks following Blackwell’s tragic years and was quite pleased with the success and happiness death, portraits of the man he found as a professor. His loss will be deeply felt by all his emerged as friends, colleagues and former classmates shared their classmates and friends. fond memories of an individual whose commitment to the study of law was outpaced only by his devotion to his family. Thomas Francis Blackwell, of Grundy, Va., was an associate professor at Appalachian School of Law, where he taught Stephen Labaton (JD/MA Philosophy ‘86) intellectual property, jurisprudence and research and writing. I was horrified and deeply saddened to learn about Tom At Duke, he was an editor of Law & Contemporary Problems Blackwell, who was in my small section at Duke. I remember and president of the Married Students Association. He was also him quite fondly as soft-spoken, witty, diligent and sensitive, among the first to participate in a joint degree program at the and his wife as a particularly kind person. As the first joint Law School. degree section, we were a remarkably tight-knit group, and After graduation, Blackwell worked as an associate at Jenkins Tom stood out among a group of high achievers for being & Gilchrist in Dallas, Texas from 1986 to 1992, when he opened particularly bright, inquisitive and fun-loving. What is so his own practice, also in Dallas. In 1997, he became a visiting tragic to me is that it is a mark of Tom’s character that he assistant professor of law at Chicago-Kent College of Law, and in would decide to move to a small community, which he 1999 joined the faculty at Appalachian School of Law as an assis- obviously viewed as quiet and safe, to try to make a little tant professor. He was named associate professor in 2000. difference in the lives of people who are often neglected by Blackwell is survived by his wife, Lisa, and their three the larger society. He undoubtedly could have taken the children. Lisa worked at Duke Law School’s library while Tom was more conventional path of many Duke graduates, making a student. more money and enjoying life in a bigger city. But instead he Gifts in Tom Blackwell’s memory can be made to Duke Law tried to give back. That’s what makes the news so senseless. School and sent to: Office of External Relations, Box 90389, Durham, NC 27708-0389. We will notify his family of any Mary La France (JD/MA Philosophy ’86 ) memorial gifts. We were among an exceptionally close-knit group of about The Board of Trustees of the Appalachian School of Law has 20 students enrolled in the joint degree program in law and established a fund to assist the victims and their families. This fund philosophy. I was very fortunate to get to know both Tom will be managed by the Board’s treasurer, Woodrow McGlothlin, and his wife Lisa who was as much a part of the Law School and ASL President Dr. Lucius Ellsworth, with the Board’s approval. community as he was. I fondly recall hours spent hanging out “Every dollar donated will go to the victims and their families,” together in the library – not necessarily studying. Tom was a stated Dr. Ellsworth. “Our first priority will be to pay medical and kind and gentle person who always had a laugh and a smile. burial costs not covered by insurance, to arrange for any home- based help to the wounded students, and when that is taken care Gary Myers (JD/MA Philosophy ’86 ) of the balance of the fund will be used for educational aid and I remember Tom as someone who was always happy to lend scholarships to the children of the deceased.” a helpful hand, to offer a thoughtful insight into the law that we were trying to learn, or to share happy times at parties Charitable donations to the fund can be made out to: and cookouts. When Professor David Lange selected Tom as ASL Relief Fund one of his research assistants, I was not at all surprised, and c/o Dr. Lucius Ellsworth working with him and Mary La France in that capacity was a Appalachian School of Law great experience, even when we were working until the early P.O. Box 2825 morning hours to meet a deadline. Although I never had the Grundy, Va. 24614 good fortune to see him on the other side of the podium as

52 DUKE LAW MAGAZINE • SPRING 02 AL law alumni weekend UMNI WEEKEND CALENDAR OF EVENTS

April 12-14, 2002 Schedule of Events

Thursday, April 11, 2002 Saturday, April 13, 2002 1:30 p.m. - 2:30 p.m. Primate Center Tours 6:00 p.m. 8:00 a.m. - 12:00 noon Duke Primate Center Reception and Dinner for Board of Reunion Registration Visitors and Law Alumni Council 2:00 p.m. - 4:00 p.m. 8:00 a.m. - 9:30 a.m. “Great Lives in the Law” Inaugural Friday, April 12, 2002 Continental Breakfast Lecture sponsored by the Duke Program in Public Law 8:30 a.m. - 4:30 p.m. 8:30 a.m. - 9:30 a.m. The Honorable William H. Board of Visitors Meeting Wealth Transfer Planning — Rehnquist, Chief Justice of the Impact on Family and Community United States 10:30 a.m. - 4:00 p.m. Kathleen McNally, Associate Page Auditorium, West Campus Law Alumni Council Meeting Director of Planned Giving, Duke University, Duke Law School Afternoon Campus Activities 12:00 p.m. - 5:00 p.m. Reunion Registration 9:00 a.m. - 12:30 p.m. 6:00 p.m. - 9:30 p.m. Admissions and Career Services International Alumni Dinner 3:30 p.m. - 3:45 p.m. Office Open House Service of Thanksgiving and 6:00 p.m. - 9:30 p.m. Remembrance in memory of 9:45 a.m. - 11:00 a.m. Reunion Class Receptions deceased alumni Legal Consequences of the and Dinners Duke Chapel - West Campus Enron Case Professors James Cox, Deborah 10:00 p.m. - 1:00 a.m. 5:00 p.m. - 7:00 p.m. DeMott, Steven Schwarcz, and University Gala** Barrister Donor Society Reception Stephen Labaton ’86 Gala Tent, West Campus Greystone Mansion, Durham Fireworks Display, Music 11:00 a.m. - 12:30 p.m. and Dancing 6:00 p.m. - 7:00 p.m. A Conversation with President African-American Alumni and the Nan Keohane** Sunday, April 14, 2002 Black Law Students Association Page Auditorium, Duke University, Reception West Campus 9:00 a.m. Duke University Room, Sunday Service for Alumni** Washington Duke Inn 11:15 a.m. - 12:30 p.m. Duke Chapel Presidential Authority in a Time of 6:30 p.m. - 7:30 p.m. Crisis: Executive Privilege, Secrecy 10:00 a.m. -12:00 noon Law Alumni Reception and the Ability to Wage War Champagne Breakfast in Sarah P. Washington Duke Inn Terrace Professors Walter Dellinger and Duke Gardens** Christopher Schroeder, and former 7:30 p.m. White House Counsel A.B. Law Alumni Banquet Culvahouse ** in conjunction with Duke Washington Duke Inn Ballroom University Alumni Weekend 12:30 p.m. - 2:00 p.m. Presentation of the Law Alumni Law Alumni Picnic & barbecue Association Awards and Induction of the Class of 1952 into the 1:00 p.m. - 2:30 p.m. Half-Century Club Golf tee times at the Washington Duke Inn

Visit the Reunion 2002 web site and register online at http://www.law.duke.edu/alumni Your classmates are expecting to see you at Reunion 2002...and so are we!

SPRING 02 • DUKE LAW MAGAZINE 53