Summer 2010 | Volume 28 Number 2
MAKING IT WORK
Assessing, adjusting, and innovating in law firm practice 4`][bVS2SO\
2SO`4`WS\Ra I believe that Duke Law BOEBEWJTJOHTUVEFOUT*BTLFE "45'"-- %63*/(BO School — indeed the entire PVSBMVNOJUPIFMQ BOEUIFZ :BMVNOJFWFOUJO/FX:PSL GVOEFEGFMMPXTIJQT TFSWFE $JUZ BHSBEVBUFHSFFUFE Duke Law community of BTNFOUPST IFMQFEXJUI NFXBSNMZ4IFDPVMEIBSEMZ alumni, faculty, and friends NPDLJOUFSWJFXT QSPWJEFE DPOUBJOIFSFOUIVTJBTNBTTIF — has an obligation to help DPOUBDUT BOEPGGFSFETIPSU UBMLFEBCPVUIFSKPC IFSMJGF BOEMPOHUFSNPQQPSUVOJUJFT JOUIFMBX BOEIFSHSBUJUVEF our students begin their *QBSUJDVMBSMZBDLOPXMFEHFUIF UP%VLF-BX4IFTFFNFEB careers in the law. NBOZDPOUSJCVUJPOTPG"TTPDJBUF EJGGFSFOUQFSTPOGSPNUIF-XIP %FBO#SVDF&MWJO±BOEIJT KVTUBZFBSBOEBIBMGFBSMJFSIBE TUBGGJOPVS$BSFFSBOE1SPGFTTJPOBM%FWFMPQNFOU$FOUFS XIPUPPLUIFMFBEJO CFFOTPEJTDPVSBHFE IFSOBUVSBM QVUUJOHUPHFUIFSUIF#SJEHFUP1SBDUJDFQSPHSBNBOEXPSLFEUJSFMFTTMZ DBMMJOH TUPDLPGPQUJNJTNEFQMFUFECZ FNQMPZFST FODPVSBHJOHTUVEFOUT DSFBUJOHPQQPSUVOJUJFT BOENBLJOHTVSF IFSVOTVDDFTTGVMKPCTFBSDI UIBUUIFTUVEFOUT±MPOHUFSNHPBMTXFSFLFQUVQQFSNPTU*OEFFE BMMPGUIF 4IFXBTBNPOHUIFGJSTUPGPVS TUVEFOUTXIPSFDFJWFEB#SJEHFUP1SBDUJDFPGGFSUIJTZFBSXJMMCFXPSLJOHXJUIB TUVEFOUTUPQBSUJDJQBUFJOPVS TVQFSWJTPSXIPIBTDPNNJUUFEUPNFOUPSUIFNBOEIFMQUIFNJOUIFJSTFBSDIFT #SJEHFUP1SBDUJDFQSPHSBN*O GPSQFSNBOFOUFNQMPZNFOU"OEBMMXJMMXPSLJOBQPTJUJPOUIBUXJMMBEWBODFUIF UIFQSPHSBNXBTTNBMM TUVEFOU±TMPOHUFSNDBSFFSHPBMT*UJTBQSPHSBN BOEBUFBNFGGPSU PGXIJDI GPDVTJOHPOUIFOFFETPGUIFGFX XFDBOBMMCFQSPVE TUVEFOUTXIPIBEOPUTFDVSFE 'PSNZZPVOHGSJFOEGSPNUIF$MBTTPG UIF#SJEHFUP1SBDUJDFXBT 23/<2/D724 :3D7 QFSNBOFOUFNQMPZNFOUCZ BOPQQPSUVOJUZUPQSPWF UPIFSTFMGBOEPUIFST UIBUTIFIBEUIFTLJMMT UIF TQSJOHPGUIFJSUIJSEZFBS5IFTUVEFOUT±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±PGGJDFT GJSNT BEJGGFSFODFXIFOHJWFOUIFDIBODF BOENPSF5IFZBSFTVQQPSUFECZTUJQFOETQSPWJEFECZUIF-BX4DIPPM )FSF±TIPQJOHUIBUUIFFDPOPNZBOEUIFMFHBMQSPGFTTJPODPOUJOVFPOUIF UISPVHIDPOUSJCVUJPOTGSPNBMVNOJ5IFZXPSLUISPVHIPVUUIFJSGFMMPXTIJQ QBUIUPSFDPWFSZJOUIFDPNJOHNPOUIT XJUINFOUPST NBOZPGXIPNBSFBMVNOJ BOEPVSTUBGGUPQVSTVFGVMMUJNF #FTUXJTIFTUPZPVBOEZPVSGBNJMJFTGPSBXPOEFSGVMTVNNFS FNQMPZNFOU*ONBOZDBTFT UIFGFMMPXTIJQQSPWJEFTBEJSFDUUSBOTJUJPOUP BOPGGFSPGFNQMPZNFOU*OFWFSZDBTF UIFGFMMPXTIJQQSPWJEFTBOJNQPSUBOU 4JODFSFMZ QSPGFTTJPOBMFYQFSJFODFUIBUGVSUIFSTUIFTUVEFOU±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Summer 2010 Volume 28 Number 2 23/< " 2OdWR4 :SdW " 3F31CB7D327@31B=@=4 1=;;C<71/B7=`Sa[O W\\]dObW]\aW\ZOe¿`[^`OQbWQS /AA=17/B3327B=@ 8O\aS6Oge]]R 1= /:C;<7/<223D3:=>;3 E30>@=2C1B7=< BO\gOEVSSZS`0S`ZW\S` ;WQVOSZE`WUVb ! 3P]\WS>`cWbbW\bS`\ /@B27@31B7=</<21=D3@ 0cSZZRS4WUcSW`SR]1VS\O\R[]`S ;O`Q6O`Y\Saa >6=B=5@/>6G ;SUO\;]`` " % 8]\5O`RW\S` 8O`SR:OhO`ca :SaB]RR BVS`SaO 2cYS:Oe;OUOhW\SWa^cPZWaVSRc\RS`bVS Oca^WQSa]TbVS=TTWQS]TbVS2SO\ $ 2cYSC\WdS`aWbg:OeAQV]]ZAQWS\QS2`WdSO\R B]eS`dWSe@]OR2c`VO[<1 %% & BVWa^cPZWQObW]\eOa^`]RcQSR ! & caW\U^O^S`eVWQVac^^]`ba 2cYS¸aQ][[Wb[S\bb] acabOW\W\U]c`S\dW`]\[S\b " $ !# 4`][bVS2SO\ !' /Zc[\W<]bSa & "# 7\;S[]`WO[ "& AcOA^]\bS >@=43AA=@A8/;3A1=:3;/<:34B/<2B63@3A/ <3E;/<<=B>71BC@325@33B32A6/E< ;/AA3G=<67A@3:3/A34@=;>@7A=<;/G$ E`]\UTcZ1]\dWQbW]\a1ZW\WQaSQc`Sa QZWS\b¸a`SZSOaSOTbS` gSO`aW\^`Wa]\ N MAY 6, Shawn Giovanni Massey was breaking and entering and robbery with a Clinic co-directors James Coleman and =released from prison after 12 years of dangerous weapon. Incarcerated since his May Theresa Newman ’88 picked Massey up incarceration for crimes he didn’t commit. 1998 arrest for the crimes against a Charlotte from prison and took him to Charlotte Massey, a client of the Law School’s woman and her two young children, Massey, where he was reunited with his jubi- Wrongful Conviction Clinic, was released 37, had two years left to serve on his sentence. lant family, including his teenage son. from the Maury Correctional Institution “I thank God for being free,” Massey said Coleman, Newman, and Kim Kisabeth in Maury, N.C., after Mecklenburg County following his release. “I’m thankful to Duke ’07, then a fellow with Duke’s Center District Attorney Peter Gilchrist ’65 secured a for helping to free me. And I thank God for for Criminal Justice and Professional Superior Court order vacating his conviction my grandmother and family believing in Responsibility, worked with numerous on multiple counts of second-degree kidnap- me.” His grandmother, Rev. Anne Massey, other students, alumni, and friends for ping, as well as one count each of felonious always believed in his innocence, he said. more than four years to build their argu- 2cYS:Oe;OUOhW\SAc[[S` “ Having access to the D.A.’s files was a very important development because it permitted us to evaluate the case against Shawn.” ´8O[Sa1]ZS[O\ :³@(<3E;/<97A/03B6;/AA3G/<21=:3;/< /B;/AA3G¸A4/;7:G6=;3;/G$ :@(;/AA3G1=:3;/<97;97A/03B6¸ %/<23;7:GA/CB3@¸ '/B/;/G %2C93:/E>@3AA1=<43@3<13 ment that Massey was a victim of errone- Kisabeth and Aleksandra Kopec ’07; Susan did,” and were able to build on the original ous eyewitness identification. Pourciau ’09 and Emily Sauter ’09; and investigation, Coleman said, adding that Their case turned on the perpetrator’s Jessica Neiterman ’09 and Toby Coleman justice would be well-served if police and hair style and weight, two key issues at ’10. Last fall, Pourciau joined Kisabeth in prosecutors routinely viewed innocence Massey’s trial. On noting his resemblance to Georgia to interview the victim about her investigations as a necessary part of the her attacker in a series of photos, the victim identification of Massey as her attacker. As justice system and “opened their files.” told police he lacked her attacker’s cornrow the case neared a resolution, the clinic also Kisabeth credited Newman and braids. She made the same observation on enlisted the assistance of Tommy Holderness Coleman’s “level of excitement and joy in seeing him in person for the first time prior and Adam Doerr ’06, a partner and associ- their work” as inspiring students to immerse to the start of his trial, and also observed ate, respectively, at Robinson Bradshaw & themselves in innocence investigations. that he weighed less than her attacker. These Hinson in Charlotte. She recalled her first meeting with Massey, observations, and photo notations uncovered “These cases really do take a village,” during her student days, as being her first years later by Duke students investigating said Coleman. “This is an effort that a lot of lawyer-client interaction — and her first-ever the case, were not passed on to Massey’s trial people worked on. And I think all of them visit to a prison. “It was a great learning lawyer. They later proved that Massey never contributed something that was important to experience,” she said. Being able to share in had cornrows and, in fact, had always worn the result.” his return to his family offered another, she his hair too short to be braided. The cooperation of the assistant district added. “I think it’s easy to lose sight of the “We believe the evidence is clear that attorney who prosecuted the case, the victim fact that the legal system impacts people, Shawn is innocent and this was an erroneous who submitted to an interview with Kisabeth and this is really about people.” eyewitness identification,” said Coleman, the and Pourciau, and District Attorney Gilchrist Addressing the Law School’s incoming John S. Bradway Professor of the Practice of were key to Massey’s release, Coleman said class of dual-degree students on May 28, Law. “We think when the victim identified him at a May 27 press conference about the case. Massey spoke of the hope that the clinic at trial she did so in good faith, but we think “Having access to the D.A.’s files, as we students who worked on his case brought she made a mistake. She confirmed to us that did in this case, was a very important devel- him when they visited him in prison. “For the person who committed the crime had opment because it gave us an insight as to a long time, I thought nobody would help cornrows. We are certain that Shawn did not what the prosecutors and police were think- me. When they started to come see me … I have cornrows at the time — he couldn’t have ing about the evidence and the case and stopped being so depressed. I really enjoyed had cornrows. And we presented evidence to permitted us to evaluate the case presented it — it was like a family visit,” he said. Now the district attorney that supports that.” against Shawn.” back with his own family, “I’m still adapting Three teams of Wrongful Convictions The students who worked on Massey’s and adjusting,” he added. “At least I’m on Clinic students worked on Massey’s case: case “knew it better than anybody else solid ground now.” [ Ac[[S` 2cYS:Oe;OUOhW\S ! 8CAB713AB3>63<0@3G3@E7B623/<2/D724 :3D7/>@7: " :WdSaW\bVS:Oe( /aa]QWObS8cabWQSAbS^VS\5 0`SgS` UPREME COURT Associate Justice “If you listen to what the other person is say- first four, and they think that by trying to AStephen G. Breyer offered insights into ing and see where they’re coming from, then avoid purpose and consequence they are more the Court’s process and place in American sometimes you will say something that they likely to be objective. Some judges emphasize democracy during a wide-ranging “Lives will see as a contribution to their thought the last two — I’m probably in that category in the Law” conversation on April 14. Dean and you, at that point, have a better chance of — because they are afraid that the first four David F. Levi and Professor Walter E. getting together on something.” lead to a kind of frozen Constitution nobody Dellinger III, a former deputy U.S. solicitor Breyer, who served on the U.S. Court of would want if they had it. general and frequent Supreme Court advocate, Appeals for the First Circuit prior to his 1994 “Which of those tools that you use does interviewed Breyer before an overflow nomination to the Supreme Court by President not make you a good judge, a bad judge, a audience of students, faculty, and alumni. Clinton, dismissed the notion that the justices better judge, or a worse judge,” he said. “It’s Like others faced with complex decisions, form coalitions based on ideology or politics. how you use them to apply to particular a judge “never goes into anything with a They all start their consideration of cases by cases that matters.” blank slate,” said Breyer. “My job is to figure examining the text of the constitutional or stat- out a better answer. I’ll start by reading the utory provision at issue, he said. “The words BVS1]c`bOaµP]c\RO`g^Ob`]Z¶ question presented and I’ll have an answer. are important. They exclude a lot of things.” A former chief counsel to the Senate But the point is, by the time I read the next Beyond consideration of the text, he said, Judiciary Committee and member of the brief, I am perfectly willing to change my they consider the history of the statute or pro- U.S. Sentencing Commission, Breyer lik- view. I have nothing at stake in keeping to vision; the tradition that surrounds the words; ened the work of the Supreme Court to that my original answer. Zero.” precedent, which may or may not be disposi- of a boundary patrol. In their private weekly conference, the jus- tive; the purpose or value that underlies the “We’re patrolling the boundary to make tices offer their individual views on the cases words; and the possible consequences of a sure these institutions fit within the consti- before them, speaking in order of seniority given decision. tutional framework,” he said. “It’s not always and without interruption, he said. Their sub- “All judges have these six legal tools,” said easy to say on which side of the boundary line sequent exchange is always civil, he added. Breyer. “Some judges tend to emphasize the lies abortion, on which side of the boundary " 2cYS:Oe;OUOhW\SAc[[S` /\\cOZ\ObW]\OZaSQc`WbgQ]\TS`S\QS BV`SSU`ORaZO\RAc^`S[S1]c`bQZS`YaVW^a bOQYZSaS[S`UW\UWaacSa 5ISFF%VLF-BXHSBEVBUFTIBWFTFDVSFE4VQSFNF$PVSUDMFSLTIJQTGPSUIF¬ 1BSUJDJQBOUTJO%VLF±TBOOVBMOBUJPOBMTFDVSJUZDPOGFSFODFJO UFSN/[g;Oa]\AOVO`WO¸ #XJMMDMFSLGPS"TTPDJBUF+VTUJDF4POJB "QSJMUPPLBOJOEFQUIMPPLBUFNFSHJOHBOEVOSFTPMWFEJTTVFT 4PUPNBZPS 5O``WQYASdWZZO¸ %XJMMDMFSLGPS"TTPDJBUF+VTUJDF4BNVFM"MJUP UIBUBSFMJLFMZUPCFDIBMMFOHFTJOUPUIFOFYUEFDBEF TVDIBT BOE/ZZWa]\0 8]\Sa¸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®)BWJOHDMFSLFEGPS+VTUJDF1PXFMMPOUIF4VQSFNF$PVSUNZTFMG BEESFTTFTCZ8SV8]V\a]\ BOEUIFOIBWJOHGPSHFETPNBOZXPOEFSGVMSFMBUJPOTIJQTXJUINZPXO 64%FQBSUNFOUPG%FGFOTF MBXDMFSLTEVSJOHNZUJNFBTB6OJUFE4UBUFTEJTUSJDUKVEHF *LOPX A/6/@7/¸ # HFOFSBMDPVOTFM QJDUVSFE UIFWBMVFPGDMFSLJOHUPUIFDMFSL UIFKVEHF BOEUIFMFHBMQSPGFTTJPO ¯ /hWh;SY]cO` UIF,JOHEPN TBJE-FWJ®5IJTXJMMCFBXPOEFSGVMFYQFSJFODFGPS(BSSJDL "NZ BOE PG.PSPDDP±TBNCBTTBEPSUP "MMJTPO BOEXFBSFQSPVEPGUIFJSBDDPNQMJTINFOUT UIF6OJUFE4UBUFT BOE@]PS`b ®.BOZ%VLF-BXHSBEVBUFTXJMMDMFSLUIJTZFBSJOTUBUFBOE A :Wbb HFOFSBMDPVOTFMUPUIF GFEFSBMDPVSUT BUBMMMFWFMT ¯IFBEEFE®0VSDMFSLTIJQDPNNJUUFF EJSFDUPSPG/BUJPOBM*OUFMMJHFODF PGGBDVMUZBOETUBGGXPSLTJODSFEJCMZIBSEUPIFMQTUVEFOUTGJOE 5IFBOOVBMFWFOUJTTQPOTPSFE UIFTFVOJRVFPQQPSUVOJUJFT'PSUVOBUFMZGPSVT PWFSUIFZFBST CZUIF$FOUFSPO-BX &UIJDTBOE A3D7::/¸ % NBOZKVEHFTIBWFDPNFUPTFF%VLF-BXHSBEVBUFTBTBNPOH /BUJPOBM4FDVSJUZ UIF$FOUFSGPS*OUFSOBUJPOBMBOE$PNQBSBUJWF UIFJSWFSZCFTUMBXDMFSLT¯ -BX BOEUIF1SPHSBNJO1VCMJD-BXBU%VLF-BX4DIPPM BOE 4BIBSJBQSFWJPVTMZDMFSLFEGPS+VEHF3PCFSU/$IBUJHOZPGUIF DPTQPOTPSFECZ%VLF±TWJDFQSPWPTUGPSJOUFSOBUJPOBMBGGBJST 64%JTUSJDU$PVSUGPSUIF%JTUSJDUPG$POOFDUJDVUBOE+VEHF+PO0 BOEEFWFMPQNFOUBOEUIF4BOGPSE4DIPPMPG1VCMJD1PMJDZ /FXNBOPGUIF64$PVSUPG"QQFBMTGPSUIF4FDPOE$JSDVJU4FWJMMB QSFWJPVTMZDMFSLFEGPS+VEHF+BOJDF3PHFST#SPXOPGUIF64$PVSUPG 1WdWZ:WbWUObW]\1]\TS`S\QS "QQFBMTGPSUIF%$$JSDVJU+POFTDMFSLFEGPS+VEHF/FJM.(PSTVDI %VLF-BX4DIPPMIPTUFEBVOJRVFDPOGFSFODFPODJWJMMJUJHBUJPO PGUIFUI$JSDVJU$PVSUPG"QQFBMTJO%FOWFSBOE$IJFG+VEHF%BWJE JOUIFGFEFSBMDPVSUT.BZ¬4QPOTPSFEBOEPSHBOJ[FECZ 8=<3A¸ % 4FOUFMMFPGUIF%$$JSDVJU$PVSUPG"QQFBMT UIF+VEJDJBM$POGFSFODF"EWJTPSZ$PNNJUUFFPO$JWJM3VMFT UIF +POFTTBJETIF±TQSPVEUPCFJO%VLF±TGJSTUUSJGFDUBPG4VQSFNF$PVSU DPOGFSFODFCSPVHIUUPHFUIFSNPSFUIBOGFEFSBMKVEHFT DMFSLTBOEDSFEJUT-FWJGPSFYQBOEJOHUIFDMFSLTIJQQSPHSBN®*LOPXIFIBTBSFBM QSBDUJUJPOFST BOEBDBEFNJDTGPSBDPNQSFIFOTJWFFYBNJOBUJPO IFBSUGPSUIBU ¯TIFTBJE®8F±WFBMXBZTIBEUIJTDBMJCFSPGTUVEFOUTBOE*±NHMBE PGJTTVFTPGBDDFTT GBJSOFTT DPTU BOEEFMBZJOUIFDJWJM XF±SFGJOBMMZHFUUJOHUIFOBUJPOBMSFDPHOJUJPO*U±TBCPVUUJNF¯[ MJUJHBUJPOQSPDFTT/FXEBUBGSPNTFWFSBMFNQJSJDBMTUVEJFT PODVSSFOUMJUJHBUJPOQSBDUJDFXBTVOWFJMFEEVSJOHUIFFWFOU JODMVEJOHEBUBPOBDUVBMMJUJHBUJPODPTUTJODVSSFECZMBXGJSNT is prayer in schools … [or] the Miranda warning. Those are much harder BOENBKPSDPSQPSBUJPOT cases than you think … and people of good faith really disagree about it and have good legal arguments on both sides, and genuinely think that E]`YaV]^Q]\aWRS`a]^S\a]c`QSZOe the other side is seriously wrong. That’s where we operate. It’s hardly sur- 4IPVME®"NFSJDB±TPQFSBUJOHTZTUFN¯CFPQFOTPVSDF 5IF prising that we’re not too popular. QSPTBOEDPOTPGNBLJOHMFHBMNBUFSJBMTQVCMJDMZBOEGSFFMZ “But between those boundaries is a vast, vast area where everybody — BWBJMBCMFPOMJOFXFSFFYBNJOFEEVSJOHBO"QSJMUIXPSLTIPQ everybody — agrees,” said Breyer, who explored related themes in his 2005 PSHBOJ[FECZUIF$FOUFSGPSUIF4UVEZPGUIF1VCMJD%PNBJO book, "DUJWF-JCFSUZ*OUFSQSFUJOH0VS%FNPDSBUJD$POTUJUVUJPO. “It’s up to the 2OdWR4S``WS`] BSDIJWJTUPGUIF6OJUFT4UBUFT /\R`Se people of the United States to decide, through their elected officials, what ;Q:OcUVZW\ EFQVUZDIJFGUFDIOPMPHZPGGJDFSJOUIF&YFDVUJWF kind of communities they want.” Citizen participation in government and 0GGJDFPGUIF1SFTJEFOU BOE1O`Z;OZO[cR UIFNBJOBSDIJ community life is essential for the democracy to work, he said. UFDUPGUIF-BXHPWJOJUJBUJWF KPJOFEMFHBMTDIPMBSTJOUIFJS EJTDVTTJPOPGUIFEFGJOJUJPOPGQSJNBSZMFHBMNBUFSJBMT QSJWBDZ /RdWQSb]O\SeXcabWQS JTTVFT UIFDIBMMFOHFTPGQSFTFSWJOHBOEBVUIFOUJDBUJOHMFHBM Breyer said he will miss his “wonderful colleague,” Associate Justice NBUFSJBMTPOMJOF BOEUIFVOEFSMZJOHWBMVFPGNBLJOHUIPTF John Paul Stevens, who retired at the end of the 2009-10 Court term. NBUFSJBMTGSFFMZBWBJMBCMF “He’s very intelligent, very learned in law and, I think, is a good example of how you work with law in order to get some kind of result that makes sense for the people the law applies to,” said Breyer. “That is not inconsis- «DWSeeSPQOaba]TQ]\TS`S\QSaOb tent with being a heck of a good lawyer.” eee ZOe RcYS SRc [OUOhW\S His advice for his new colleague on the bench? “Relax. It takes time.” [ Ac[[S` 2cYS:Oe;OUOhW\S # “I think in all legal systems there’s a gap between the law on the books and the law as it’s implemented. In this case, I don’t think any of us had an idea of the size of that chasm until we went and talked to people.” ´<]OV0`]e\S¸ 2C93:/EABC23 $ 2cYS:Oe;OUOhW\SAc[[S` 2cYS:OeOeO`RaTW`ab::; QS`bWTWQObSaW\S\dW`]\[S\bOZZOe HREE LLM GRADUATES in the Class of 2010 were the first to Bobtain Duke Law’s new certificate in environmental law. Ismael Barrios, Max Larrain, and Clemens Schmied completed a specific track of courses and research to earn the certificate, which was developed last year to provide international students an opportu- nity to specialize in a quickly growing area of international law. “Environmental law is expanding at a high rate in my country,” said Barrios, a construction-industry lawyer who hopes to work in the field when he returns to Peru after a few years abroad. “Peru has vast natural resources, and its economy depends strongly on industries such as mining, fishing, and agriculture. All these require special- ized lawyers in the area and also institutions and laws to correctly manage our natural resources.” After a briefing by Brazilian law students and NGOs that work on The interdisciplinary nature of the coursework he received at Duke land rights issues, the students traveled to the quilombola community was particularly valuable, he added. of Alto da Serra, comprised of 30 to 60 families who occupy rural “Especially in the seminars, the discussions reflected different lands in the state of Rio de Janeiro; over two days they met with the types of concerns, and law students could take advantage of a really leaders of two other quilombola communities in the Alto da Serra deep technical view from various areas,” he said. “It [also] is of great community church, learning the history of the communities and dif- help that the faculty members have both an outstanding academic ferences between quilombola groups, and talking in detail about the perspective and past practical experience.” land-titling process. “Duke’s strength in environmental law is very attractive to interna- “I think in all legal systems there’s a gap between the law on the tional students,” said Jennifer Maher ’83, assistant dean for interna- books and the law as it’s implemented,” Browne said. “In this case, tional studies. “In addition to the Law School’s leadership in the area, I don’t think any of us had an idea of the size of that chasm until we we have a very close interdisciplinary relationship with the Nicholas went and talked to people.” School of the Environment, the Sanford School of Public Policy, and The trip offered the students a visceral sense of the importance of the Fuqua School of Business, all of which provide deep resources for land that can’t be found in a classroom, he observed. “We assumed, study and research in environmental issues. The certificate program going down there, that getting land title was simply a prerequisite for allows students to take advantage of these strengths and earn formal socioeconomic development. I still think that’s largely true, but we recognition for the specialized knowledge and skills they develop.” didn’t quite understand, despite the fact that it sounds so simplistic The certificate program requires a combination of courses that and commonsensical, that having land is so fundamental to one’s include Environmental Law and Readings in Environmental Law, a own sense of peace and security.” course for certificate-program students focusing on important read- They learned that officials of the federal land-titling agency are ings in the field. As part of that course, students studied briefs on sympathetic to the plight of the quilombolas, but overwhelmed by a case handled by the Duke Environmental Law and Policy Clinic, their applications, said Helfer. “They don’t have sufficient resources attended a court hearing, and met afterward with the clinical professor for the anthropologists who need to write the relevant reports, to pro- to discuss the legal issues at hand and the differences among various cess the applications, to compensate the private landowners who have judicial systems. valid competing titles to parts of the land.” During two semesters, students must take a total of nine credits After presenting their preliminary findings to the quilombolas, the in environmental law, in addition to 15 credits through the standard Duke Law students worked with them to identify useful legal research LLM curriculum, and complete a substantial research project in a and other projects; they subsequently compiled a report summarizing related field. their research findings that will be sent to the quilombo communities, Schmied, a native of Austria, said the environmental law certificate to NGO leaders, government officials, and FGV faculty. program factored into his decision to attend Duke Law. “I knew that “One of the reasons I supported this initiative is that there is a very Duke Law School had an excellent reputation in environmental law strong demand among students for experiential learning opportuni- before I came to Durham,” he said. “The fact that I could be one of ties relating to international and comparative law,” Helfer said. “The the first to receive the environmental law certificate was one of [the Brazil fact-finding trip was one way of satisfying that demand in the reasons] I chose to go to this wonderful law school.” short term. I’m hopeful that the students’ excitement about the trip After taking the New York bar exam this summer, Schmied plans will translate into other sustainable experiences in the future — the to practice environmental law in Austria. “The certificate is surely kinds of experiences that give students the opportunity to take what going to help me, since not many people in Austria are educated in they learn in the classroom and translate it into practice.” [ both Austrian and U.S. environmental law,” he said. [ Ac[[S` 2cYS:Oe;OUOhW\S % «B]dWSeQ]\TS`S\QS^O\SZaaSS Vbb^( eee ZOe RcYS SRc [OUOhW\S :³@(>@=43AA=@A3:7H/03B6 /:3F/<23@=4G/:3/<2 9/@:/6=::=E/G=42C93 D713>@3A723E7B64@/<9:7<2C@7<5@3;/@9A=>3<7<5B631=<43@3<13 1S\bS`]\:Oe@OQSO\R>]ZWbWQa( 1]\TS`S\QS^Ogab`WPcbSb]e]`YO\RZWTS]T8]V\6]^S4`O\YZW\ EADING SCHOLARS from a range of disciplines gathered at Duke name a few. Without diminishing the experiences of those groups, : Law April 8–10 to identify and examine critical issues surround- Franklin believed the experience of African Americans had a special ing race in 21st-century America. character and specific gravity as the result of slavery, “America’s Co-sponsored by the Center on Law, Race and Politics (LRP) and original sin,” said Gore. the John Hope Franklin Humanities Institute at Duke, “From Slavery “Just as each of these sets of ethnic and race-based differences to Freedom to the White House” honored the late historian John have to be treated differently, the experience of African Americans Hope Franklin’s life and work, which were devoted to understanding is quite unique and must be dealt with in a special way, following the impact of racism on American life. Franklin taught at Duke Law that same formula of acknowledging differences, respecting them, School late in his career. discussing them, accepting them. And then, once that bond has been Vice President Al Gore opened the conference, recalling the vari- established, transcending them,” said Gore. ous lessons he learned from Franklin; during the 1992 presidential Franklin’s work was frequently invoked by panelists from law, his- campaign the two forged a friendship that deepened as they subse- tory, social psychology, economics, political science, and the humani- quently worked together on initiatives surrounding race. ties as they examined such issues as the role that race plays in politics “The central lesson that I learned from him was that race is always and the significance of the Obama presidency; the future of voting present and cannot be ignored. Anyone who believes that transcending rights, civil rights and racial justice; the causes and implications of the issue of race involves ignoring race is on a dead-end path,” said interracial disparities in wealth; how social psychology can inform Gore. “He said … the path to transcendence is a two-step process. The our understanding of societal disparities; and how immigration fac- first step, he said, is an open and full acknowledgement of difference tors into many of these issues. — difference in experience; difference in life trajectory; difference in “The conference raised a lot of important questions,” said Professor the relationship one has to the majority and to the society as a whole; Guy-Uriel Charles, who is co-director of LRP and convened the confer- respect for those differences; communication about those differences; ence with Professor Kenneth Mack of Harvard Law School. “For exam- and acceptance of those differences in the context of mutual respect. ple, many panelists focused on the great disparity in wealth between “Once that step has been genuinely and sincerely taken, then and whites and many people of color. Similarly, we also focused on the only then is it possible to transcend race. It is still present, but it is tremendous racial disparities in criminal justice. redefined and recharacterized.” “As importantly, there was some consensus among the participants Franklin, said Gore, also stressed the necessity of respecting the that the current civil rights model is not extremely useful for think- differences between the unique experiences of Americans of different ing about the problems of racial inequality in the 21st century. Part of cultural and racial backgrounds — Native Americans, Hispanic the task going forward will be to develop a new model that effectively Americans, Japanese Americans, and other Asian Americans, to addresses the racial challenges that we face today.” [ & 2cYS:Oe;OUOhW\SAc[[S` 2cYS:OeabcRS\baaSQc`S 2cYS:OeSf^O\RaZ]O\ VWUVZSdSZTSZZ]eaVW^a `S^Og[S\bOaaWabO\QS 4SZZ]eaVW^acQQSaa`STZSQbaW\bS`SabW\ UKE LAW SCHOOL HAS APPROVED changes to its ac^^]`bT]`^cPZWQaS`dWQSOQbWdWbWSa 2Loan Repayment Assistance Program (LRAP) that will increase aid to graduates working in public interest positions. EVERAL DUKE LAW STUDENTS and new graduates Key changes include an increase of the salary cap for eli- Ahave secured highly competitive fellowships to pursue gible graduates, which will increase from the current cap of intensive academic study and public service work. $60,000 to $75,000, and the elimination of the lifetime loan forgiveness cap of $80,000. 9ObVS`W\S@SQ]`R82 ;/¸ has secured The new program will take effect in the 2010-11 academic the =¸ Ac[[S` 2cYS:Oe;OUOhW\S ' 5WTbaZOc\QV:OeO\R3\b`S^`S\Sc`aVW^::;W\OcUc`OZQZOaa LUMNI AND FRIENDS of Duke Law investment funds and other facets of alterna- Students also will take a Venture Capital and / School have given more than tive-asset management. Private Equity course that uses a case-study $100,000 over a six-month period to help “It’s exciting and important for the Law approach to expose students to the life cycle launch the Law and Entrepreneurship LLM School to undertake this type of program of a startup venture, with a particular focus program, which welcomes its inaugural that goes beyond general coursework to pro- on the different types of financing leveraged class in August. vide specific, useful skills and information,” as a company matures. The two-semester, 23-credit program Star said. “We’re giving students a chance to “It is important to be well-versed in the fun- focuses on the legal, business, institutional, work with entrepreneurs, with real experts damentals of entrepreneurship and the regula- strategic, and public-policy frameworks that in the field. It’s very appropriate.” tory frameworks while also having real, hands- apply to entrepreneurs and innovation, com- During a second-semester practicum, stu- on experience that brings these lessons to life. bining rigorous academic study with practice dents will be placed in relevant externships This program qualifies on both counts,” Sarno and research opportunities that help stu- with law firms, general counsels’ offices, said. “Students will be challenged to translate dents develop skills in representing clients. venture-capital firms, trade associations, their ideas into action and realize the tangible AbO\ZSgAbO`¸$ AQ]bb/`S\O`S¸&' government agencies, and similar settings outcomes of their decisions.” and 5ZS\\AO`\]¸' are among the donors in the field. A capstone project will allow stu- “We’ve been impressed by the enthusiasm who have provided financial support based in dents to work closely with faculty on schol- so many alums have expressed for the pro- part, they say, on an appreciation for the pro- arly research tied to entrepreneurship and gram. It is off the charts,” added James Cox, gram’s hands-on approach to training students entrepreneurship policy. Duke’s Brainerd Currie Professor of Law, who in areas related to their professional work. “The program will address the intersection helped develop the LLM proposal and will Star is the principal of Cliffstar Corp., a of legal principles and practical business serve as the program’s faculty director. private-label juice manufacturer headquar- applications, in the context of entrepreneur- “Because the program is so deeply tered in Dunkirk, N.Y. Arenare is managing ship and the early-stage enterprise,” Arenare experiential, we need the ongoing assis- director and general counsel in the New said. “This is particularly appealing to me, as tance of alumni in securing internships York office of Warburg Pincus; he serves on a lawyer focused on private equity, venture that embed the students in the vortex of the private investment funds committee of capital, and growth investing.” venture activities and later in network- the Association of the Bar of the City of New The core curriculum of the Law and ing with the program’s graduates so they York. Sarno is a partner in the corporate Entrepreneurship LLM includes courses on obtain positions that can reap the benefits department of Simpson Thacher & Bartlett Entrepreneurship and the Law, Intellectual of the education and training provided by in New York, where he focuses on private Property, and Financial Information. the program,” he said. [ Barrister Donors are leaders Leadership. aatt the forefront of a proud tradition of phphilanthropy. They demonstrate a level of commitment that motivates others Commitment. ttoo give. They guide a community of dededicatedd benefactors who together Community. enensures that the Law School achieves its ststandarda of excellence. Become a Barrister today with your leadership gift of $2,500 or Barrister Donor Society more. Make your gift online at https://www.gifts.duke.edu/law. 2cYS:Oe;OUOhW\SAc[[S` 7QVSZUWTbSabOPZWaVSaS\R]eSRQVOW` $1.25 MILLION GIFT from Board of / Visitors Chair David Ichel ’78 and his wife, Jan, will create an endowed Chair in Constitutional Law and Government at Duke Law School, adding further depth to the School’s highly regarded constitutional law faculty and programs. The Ichel gift, matched by funds from The Duke Endowment’s Strategic Faculty Initiative, also advances Duke Law’s strate- gic goal of adding 10 new faculty positions in coming years. The holder of the new professorship in constitutional law and government will teach courses at the Law School as well as undergraduate courses at Duke’s Trinity College, a factor that Ichel says appealed to him as an alumnus of both schools. “This gift is a wonderful affirmation of the strength of our faculty, programs, and scholarship in constitutional law,” said Dean David F. Levi. “It will allow us to expand our programming and deepen our faculty strength in a subject that is of “This gift is a wonderful affirmation of the tremendous interest to our students and strength of our faculty, programs, and of great relevance and importance to the scholarship in constitutional law.” larger community. I am grateful to David, Jan, and The Duke Endowment for their ´2SO\2OdWR4 :SdW marvelous display of leadership in support of our faculty and of Duke Law.” 8/</<22/D727163:E7B623/<2/D724 :3D7 The Ichel gift will be matched dollar for dollar by The Duke Endowment, the Ichel is a partner at Simpson Thacher porate commercial litigation practice, it Charlotte-based charitable foundation cre- & Bartlett in New York City where he continually amazes me just how often ated by Duke University founder James B. focuses on complex commercial litigation. my cases present constitutional law Duke. In 2008, Duke University President In addition to his law degree, he holds issues. I received a great foundation as Richard H. Brodhead announced that The a bachelor’s degree in political science, a lawyer from the strength of the teach- Duke Endowment had committed $40 TVNNBDVNMBVEF, from Duke University. ing on constitutional law at Duke and million to support strategic growth of the “Our interest in this particular gift was still today consult Duke Law professors faculty by helping to fund more than 30 sparked by Dean Levi, who made the point on these subjects.” new faculty positions. that if Duke alumni and friends can fund a The Ichels previously funded a named “The Duke Endowment is proud of its number of new professorships, we can help scholarship, as well as a seminar room longstanding partnership with Duke Law bring Duke Law School to an even greater during the Law School’s building expan- School,” said Russell M. Robinson II ’56, level of excellence,” Ichel said. “We decided sion and renovation effort that was com- chairman of the Endowment’s board. “In on constitutional law and government pleted in 2008. Ichel also joined with his Indenture, James B. Duke specifically because they are the foundations of our law his fellow alumni partners at Simpson directed support for the school, and that and organized society, and I really enjoyed Thacher & Bartlett to establish the legacy continues today. With the Ichels, studying those subjects as a student. Simpson Thacher & Bartlett professorship we’re excited about creating new opportu- “Duke has always been strong in that was awarded to Professor Richard L. nities for students and legal scholars.” these areas,” he added. “Even in my cor- Schmalbeck in April 2009. [ Ac[[S` 2cYS:Oe;OUOhW\S &6/*0/CSPVHIUNFNCFSTPGDMBTTFT @FOEJOHJO®¯BOE®¯CBDLUPUIF-BX 4DIPPM"QSJMUPTIBSFNFNPSJFTBOESFOFX GSJFOETIJQT5IF-BX"MVNOJ"TTPDJBUJPOIPO PSFE8O\SbEO`R0ZOQY¸&#FWO][W\U:W ¸' /R`WO\2]ZZO`R¸'#BOE>`]TSaa]` EWZZWO[@S^^g8` GPSUIFJSDBSFFSBDDPN QMJTINFOUT TFSWJDFUPUIFDPNNVOJUZ BOEEFEJ REUNION2010 DBUJPOUP%VLF-BX4DIPPM[ 2cYS:Oe;OUOhW\SAc[[S` 6]]RW\U 6,&-"8$&-"5&%UIF$MBTTPGBUBIPPE 2JOHDFSFNPOZBU$BNFSPO*OEPPS4UBEJVNPO.BZ 5IFFWFOUIPOPSFE+%HSBEVBUFT JODMVEJOHXIP BMTPFBSOFEBEWBODFEEFHSFFTGSPNPUIFS%VLFTDIPPMT BOEEFQBSUNFOUTBOEXIPSFDFJWFEBO--.JOJOUFS OBUJPOBMBOEDPNQBSBUJWFMBX&JHIUZUXPJOUFSOBUJPOBM MBXZFSTSFDFJWFE--.EFHSFFT BNPOHUIFN UISFFFBSOFE %VLF±TOFXDFSUJGJDBUFJOFOWJSPONFOUBMMBX *OIJTBEESFTTUPUIFHSBEVBUFT 4072W`SQb]`@]PS`b A ;cSZZS`777 QJDUVSFE CPUUPNSJHIU BEWJTFEUIFNUP FNCSBDFDIBOHF EFWPUFUIFNTFMWFTUPTFSWJDF BOEBEIFSFUP UIFIJHIFTUTUBOEBSETPGIPOFTUZBOEJOUFHSJUZ®5IFTFBSFUIF USVFTUBOECFTUXBZTUPFOTVSFBGVMGJMMJOHDBSFFS ¯IFTBJE %FBO2OdWR4 :SdW+%$MBTT4QFBLFS9ObVS`W\S AVSO¸ BOE--.$MBTT4QFBLFS1]\abO\bW\d]\ AQV]S\W\U¸ BMTPQBJEUSJCVUFUPUIFHSBEVBUFT[ Ac[[S` 2cYS:Oe;OUOhW\S ! MAKING IT WORK MAKING IT WORK Assessing, adjusting, and innovating in law firm practice " 2cYS:Oe;OUOhW\SAc[[S` MANY LAW FIRMS, like most other businesses, have gone through a lengthy period of cost- cutting and contraction, unrest and introspection, sparked by the near collapse of the global economy. This spring, members of Duke Law School’s alumni advisory boards — the Board of Visitors, Law Alumni Association, and the LAA’s New Lawyers Division — gathered with faculty to look at current and likely future trends in law-firm practice. To get the conversation started, Rob Harrington ’87 facili- tated a panel discussion about notable developments in management approaches, staffing, and client relations. « THE PANELISTS ROBERT E. HARRINGTON ’87 PRENTISS E. FEAGLES ’76 SUSANNE I. HAAS XIAOMING LI ’90 LLM ’85, JD ’87 @]PW\a]\0`ORaVOe 6]UO\:]dSZZa EVWbS1OaS0SWXW\U 6W\a]\1VO`Z]bbS T]`[S`Zg6]UO\6O`ba]\ 6]\SgeSZZ7\Q ;W\\SO^]ZWa EOaVW\Ub]\2 1 >O`b\S`6SOR]T /bb]`\Sg AVO`SV]ZRS` DWQS>`SaWRS\bO\R5S\S`OZ 1VW\O>`OQbWQS >O`b\S`O\R4W\O\QS1]VSOR 1]c\aSZ3\dW`]\[S\bOZO\R 4W`[^`]TWZS( 1][PcabW]\1]\b`]Za 4W`[^`]TWZS( ! ZOegS`a 4W`[^`]TWZS( /^^`]fW[ObSZg /^^`]fW[ObSZg # ZOegS`a ZOegS`aW\!$]TTWQSa W\" ]TTWQSae]`ZReWRS e]`ZReWRS Oa]T;Og Ac[[S` 2cYS:Oe;OUOhW\S # MAKING IT WORK THIS YEAR HAS PROVED TO BE OPTIMISTIC AND GOOD AND PERHAPS BACK TO NORMAL — A NEW NORMAL. ... IT’S BEEN A TIME TO REASSESS, TO FIGURE OUT WHAT WE DO BEST AND WHAT OUR ADVANTAGES ARE.” — ROB HARRINGTON ’87 6O``W\Ub]\( The last year has been a particularly 4SOUZSa( For eight years I have had the distinction of being the challenging year for all of us. We are a fortunate firm managing partner with responsibility for all financial matters at in that we had a relatively easy go of it. This year has Hogan & Hartson. As you know, for the first six, legal business was on a steep upward trajectory. The last couple of years, as Rob indicat- proved to be optimistic and good and perhaps back to ed and as all of you know, have been a whole different kettle of fish. normal — a new normal. It’s been a lot more challenging of an environment for every law firm. Last year caused us to think maybe more than in past years about It impacts us differently depending on where we are and what we do, attorney compensation, about growth, and about how we relate to but it does impact all of us and, in turn, has a more dramatic impact clients and potential clients. I think we’re now in a position to take on new lawyers coming into our firms. A lot of law firms, including advantage of practice opportunities going forward. ours, have taken steps like deferring the start date of new associ- Our corner of the world in Charlotte has changed. Charlotte’s ates, deferring the start of people who received offers in the summer financial firms have gone through a couple of years of well-reported program and things like that. So it has impacted not just the lawyers adaptation. The real-estate sector may have been hardest hit, and it’s within these firms but it’s rippled down and impacted the law schools probably not a sector that’s going to come back — in Charlotte any- and their graduates as well. way — in any “V-shaped” recovery soon. So there are just some reali- The second trend that we have seen, which prompted our upcom- ties we had to deal with. But it’s a region that’s still blessed with some ing merger with Lovells [one of the largest London-based firms], is the very good clients. The past year has caused us to rededicate ourselves increase in globalization of the legal practice. As business becomes to what we need to do with and for our clients. It’s been a time to global, that’s where we as a law firm need to be. That’s not the answer reassess, to figure out what we do best and what our advantages are. for everyone, but it is the answer for us. One of the things that affects us with the Law School is how much The last change involves the shifting nature of the relationship will we be recruiting in the future? We’ve had a summer program between clients and their lawyers. It has lots of ramifications and it each year. We will this summer, but it’s smaller. And we’re adjusting presents a lot of opportunities. But it also puts a lot of pressure in to growing, but growing at a smaller scale. places where firms aren’t historically used to experiencing it. $ 2cYS:Oe;OUOhW\SAc[[S` Clients are very savvy today with their external counsel. They are very focused on managing their legal services, not just managing costs. They are focusing on the overall quality of what they get. So anyone who is in a major law firm or in a company is on one side or THE FIXED-FEE ARRANGEMENT, IN OUR the other of that continuing evolution. EXPERIENCE, GOES FURTHER THAN LEGAL FEES 6O``W\Ub]\( Susi, give us a sense of what kinds of expectations — IT GOES TO COST, AS WELL.” — XIAOMING LI ’90 and changes you’re feeling in the corporation, and expectations of outside counsel. 6OOa( We are challenged all the time, especially now, to control outside-counsel costs. We have enormous budget pressure and therefore have to put a lot of pressure on our outside counsel. There are a number of ways we do that. We require discounts from our outside counsel — 10 percent off the top — and we don’t accept fee increases. Because we are a large client we have more leverage now than ever before. We see competi- tion between law firms for our business that is unheard of. And I’ve seen some very interesting and creative ways to work with outside firms on fees. 6O``W\Ub]\( What percentage of the work you’re sending out now involves some non-hourly rate arrangement? 6OOa( It’s probably about 20 percent, but growing. In litigation, espe- cially, these fee arrangements are made. It keeps the cost down for us and it’s manageable. You know what you’re in for. 6O``W\Ub]\( What other types of cost-cutting client-firm relations measures are you taking? 6OOa( We haven’t done this yet, but [many] … clients are no longer willing to pay for first- and second-year associates’ work. They’ll just have many offices around the world and different offices tend to have say, “We don’t want first- and second-year associates to work on this somewhat different rates to reflect the economic conditions of the case. And if they do, it’s got to be for free. You can’t bill their work.” countries where the offices are located. We also have to figure out how to spend our dollars the smartest Second, in the aftermath of the financial crisis, most panel rates way. There’s a certain amount of tension between [deciding] to hire remain the same while firms like ours continue to increase their a national or even global firm that’s naturally going to charge you a rates. This dichotomy is heading to a course of collision and nothing higher fee, or a local firm, that might do just as good a job. You really much has been done to avoid it from happening. decide based on the complexity of your case whether you can give that Third, English firms used to have what they called “Heathrow part- to a local firm and the local firm has the wherewithal to handle it for ners.” They say you can’t be a partner unless you are willing to relo- you, and if you have something extremely complicated, you do still go cate: “Here’s a ticket. Go to Abu Dhabi or leave the firm.” It used to to the very large firms just because they have the resources and they be a unique British practice, but I see that gradually becoming a U.S. also have the name. So we try to figure out a balance. law-firm practice, too. Willingness to relocate from one’s comfort zone may become an express requirement of international law firms. 6O``W\Ub]\( Xiaoming, what’s the view on the ground in the China Finally, offices of international firms based in China are increas- practice, with a firm that also has a significant international practice? ingly helping the Chinese to deploy the country’s huge foreign reserve, which stands at approximately $2.5 trillion, in a series of outbound :W( First, we increasingly see clients who say, “We can’t hire you investment and financing transactions. Our lawyers based in Beijing unless you’re on our panel of lawyers.” So there is a huge competition are traveling more globally than lawyers based in many other offices of to become a “panel” firm for institutional and major corporate clients. the firm. This trend is expected to last for some time to come. You have to negotiate a special package of fees with your panel cli- ent, which usually represents a substantial reduction of our normal 6O``W\Ub]\( I want to talk a little bit about what all of these things billing rates, and the reduced billing rates are usually required to be mean for young attorneys. Susi’s talked about the fact that there’s a applied uniformly to work done for that client across the entire world. real push-back against using lawyers who are straight out of school on But that creates a problem, because law firms of our size and kind regular billing matters. I have had increased scrutiny of bills involv- Ac[[S` 2cYS:Oe;OUOhW\S % MAKING IT WORK CASE STUDY CRAFTING A NEW APPROACH TO TRAINING EARLY-STAGE ASSOCIATES ®8IBUDMJFOUTSFBMMZXBOUJTWBMVF ¯TBZT5`SUU;SZW\a]\ ®*UXBTBQSPDFTTPG°TIBEPXJOH±TFOJPSMBXZFSTBSPVOEUPEFQP ¸&' UIFDIJFGNBSLFUJOHQBSUOFSBU%SJOLFS#JEEMF3FBUI TJUJPOT DMPTJOHT DPVSUIFBSJOHT BOETPPO BOEKVTUMFBSOJOHCZ JO1IJMBEFMQIJB#VUUIFZPGUFOEPO±UTFFWBMVFJOUIFXPSLPG EPJOHXJUIPVUCJMMJOHDMJFOUT ¯IFTBZT*OTFWFSBMJOTUBODFT IF KVOJPSBTTPDJBUFT IFBEET®5IFZXPVMESBUIFSQBZQFS BEET BTTPDJBUFTTQFOUUJNFJOUIFDMJFOUT±XPSLQMBDFT ®CFDBVTF IPVSGPSBTFOJPSQBSUOFSBOEHFUUIFBOTXFSUIFZXBOUJO XF±WFMFBSOFEUIBUUIFOVNCFSPOFUIJOHZPVDBOEPUPCSJOH NJOVUFTUIBOIBWFTPNFCPEZSFMBUJWFMZOFXUPUIFQSPGFTTJPO DMJFOUTWBMVFJTVOEFSTUBOEUIFJSCVTJOFTT UIFJSDPNQFUJUPST BOE TQJOUIFJSXIFFMT¯ UIFJSJOEVTUSZ5IBU±TBUUIFUPQPGFWFSZDMJFOU±TMJTU¯ "TUIFFDPOPNJDEPXOUVSOMFENBOZGJSNTUPEFGFSTUBSU .FMJOTPOSFQPSUTUIBUUIFGJSN±TUSBJOJOHFYQFSJFODFIBTCFFO EBUFTGPSUIFJSJODPNJOHBTTPDJBUFTPSFWFOSFWPLFPGGFST BSFTPVOEJOHTVDDFTTBOEXJMMCFDPOUJOVFEXJUI%SJOLFS .FMJOTPOTBZTIJTGJSNMPPLFEGPSPQQPSUVOJUJFTUPQSPWJEF #JEEMF±TGBMMDMBTTPGBTTPDJBUFT®8F±WFGPVOEUIBUCPUI ®CFUUFSWBMVF¯GPSDMJFOUT®8FXBOUUPIBWFWBMVBCMFMBXZFST PVSDMJFOUTMPWFEJUBOEPVSGJSTUZFBSTMPWFEJU8F±WFHPUUFOB UIBUPVSDMJFOUTBSFXJMMJOHUPQBZGPSBOEXFEJEO±UTFF OVNCFSPGDBMMTBOEFNBJMTGSPNDMJFOUTTBZJOH °8FUIJOLUIJT IPXPVSDMJFOUTPSPVSBTTPDJBUFTXPVMECFCFUUFSTFSWFE JTBGBOUBTUJDJEFB±¯*UIBTTFSWFEBTBCPOEJOHFYQFSJFODFGPS CZCSJOHJOHJMMUSBJOFEMBXZFSTUPUIFGPSFBZFBSMBUFS4PXF UIFBTTPDJBUFT IFOPUFT®/FXMBXZFSTIBWFUSBEJUJPOBMMZKVTU EFDJEFEUPJOWFTUJOPVSGJSTUZFBSTJOTUFBE¯ KVNQFEJOUPUIFJSQSBDUJDFBSFBBOETUBSUFEQSBDUJDJOH5IBUDBO 5IBUJOWFTUNFOUTUBSUFECZDSBGUJOHBOFXEFBMXJUIUIF NBLFJUIBSEGPSUIFNUPGFFMMJLFUIFZ±SFQBSUPGBMBSHFSDPNNV GJSN±TGBMMDMBTTPGBTTPDJBUFT5IFZTUBSUFE BTQMBOOFE JO OJUZ5IJTUSBJOJOHQSPHSBNIFMQFEHSFBUMZCFDBVTFGPSUIFGJSTU 4FQUFNCFS BUBSFEVDFETBMBSZ*OSFUVSO UIFZIBEOPCJMMBCMF TJYNPOUIT UIFTFBTTPDJBUFTBSFMJLFDMBTTNBUFTBU%VLF¯ IPVSSFRVJSFNFOUGPSTJYNPOUITBTUIFZXFOUUISPVHIBO .FMJOTPOBENJUTUIBUIFMPWFTUIFCVTJOFTTTJEFPGMBXGJSN JOUFOTJWF UISFFQIBTFUSBJOJOHQSPHSBN0ODFUIFJSUSBJOJOHXBT QSBDUJDF XIJDIJTXIZIFTBZTIF±TIBWJOH®BCMBTU¯IFMQJOH DPNQMFUF UIFGJSTUZFBST±TBMBSJFTXFSFBEKVTUFEUPBNBSLFUSBUF IJTGJSNBEESFTTDIBOHFTJOUIFMFHBMQSPGFTTJPOPOBOVNCFS CBTFEPOUIFJSMPDBUJPO PGMFWFMT5IFGJSNJTUFBDIJOHBMMPGJUTBUUPSOFZTBCPVU®NBU 5FBDIJOH®DPSFDPNQFUFODJFT¯XBTBUUIFIFBSUPGUIF UFSNBOBHFNFOU ¯TFUUJOHGMFYJCMFHVJEFMJOFTGPSBMUFSOBUJWFGFF QSPHSBN±TGJSTUQIBTF TBZT.FMJOTPO®5IFTFBSFUIFHFOFSBM BSSBOHFNFOUT BOEBDUJWFMZQBSUJDJQBUJOHJOUIF®7BMVF$IBMMFOHF¯ QSJODJQMFTBQQMJDBCMFUPBMMPGPVSMBXZFST.BOZIBWFUPEPXJUI JOJUJBUJWFPGUIF"TTPDJBUJPOPG$PSQPSBUF$PVOTFM XIJDITFFLTUP DMJFOUTFSWJDF IPXUPDPNQPSUZPVSTFMGBTBOBUUPSOFZ BOEIPX SFBMJHOUIFDPTUPGMFHBMTFSWJDFTXJUIUIFWBMVFDMJFOUTXBOU UPJOUFSBDUXJUIDMJFOUTBOEMFBSOBCPVUZPVSDMJFOU±TCVTJOFTT¯ ®"OZUJNFUIFSFJTNBKPSDIBOHFHPJOHPO UIFSF±TNBKPS 1IBTFUXPGPDVTFEPOQSBDUJDFTQFDJGJDTLJMMT TVDIBTMFBSOJOH PQQPSUVOJUZ BOEJU±TGVO ¯IFTBZT®'PSBOZCPEZXIPQVUTDMJ BMMUIFEFUBJMTPGNFSHFSTBOEBDRVJTJUJPOTPSEFGFOEJOHB FOUTGJSTU UIJTJTUIFQFSGFDUTUPSN*UHJWFTUIFNUIFPQQPSUVOJ EFQPTJUJPO5IFUIJSEDPNQPOFOUXBTDMJFOUGPDVTFE UZUPSFBMMZMFBSONVDINPSFBCPVUUIFJSDMJFOUTBOETUSFOHUIFO BOEEFFQFOUIPTFSFMBUJPOTIJQT¯[ '1 «5`SUU;SZW\a]\¸&' ing very young lawyers — what are they doing, is it efficient, was the 6O``W\Ub]\( From a firm’s perspective, that work has traditionally amount of time right? But it ties into this issue also of “exporting” been lucrative. More importantly, firms have had a concern about certain types of legal chores. having work on any case or matter of significance exported out to We are increasingly — on our own initiative, and due to pressure folks that we don’t control. We are extremely conservative and we’re from clients — sending out some of the work that some might have extremely cautious. We’re nervous about having others do work for found brain-numbing to start with, some of the due-diligence work which we’re ultimately responsible, whether it’s for a court or a client. and the bottom-line discovery review-of-documents work. I’m curious to get Susi’s view of the client’s insistence or concern about that, and 4SOUZSa( We have seen corporate clients who, in their billing guide- Prentiss’s about how Hogan has addressed that issue. lines, will not pay for hourly rate charges for first- and second-year associates. It presents a challenge for law firms. These are the people 6OOa( We have a number of different companies that will do a docu- who are the future of your firm, and the way that someone my age ment review under contract. And we require our law firms to work got trained as a young lawyer was by senior lawyers giving us projects with those people because we have special rates negotiated with for the first three to five years. We learned by doing. That’s not quite them. And there is even some outsourcing to India and other places so easy today for a lawyer who is starting out. There’s a lot more pres- where you pay a lot less per hour for lawyer services. sure for law firms to provide training in house … and it’s critical that I think the times when young associates could do that sort of work you do it well. may also have come and gone. There is a lot more competition right The alternative-billing arrangements Susi mentioned present an now out there. opportunity to deal with some of that. If she says, “I am going to pay & 2cYS:Oe;OUOhW\SAc[[S` $250,000 for this stage of the litigation,” her only real demand is that to think, “Do I need to travel myself? Do I need local counsel to it be done really well. She doesn’t care if it is done with a first-year travel with me? Do I need other offices’ lawyers who can speak associate or a fourth-year associate. She is taking herself out of that Spanish or Portuguese to travel with me?” Because all of this will mix. She’s saying, “I’m looking for really high-quality work. If it isn’t, come in, at the end of the day, as to whether you will make money you won’t work for me again. Secondly, I’m fixing a price.” or lose money. From a firm’s point of view, we approach those alternative-billing arrangements with trepidation, because we don’t totally know how to 6O``W\Ub]\( Where are we, both with associate promotion and asso- price them. But they actually help deal with some of the issues we’ve ciate pay, for those who are on, more or less, a traditional track? What mentioned here. are firms doing with entry-level pay and with this traditional idea of We also see more and more discussion within the profession about essentially lock-step promotion for those who are doing a good job? separate contract-attorney tracks where the people are quite capable, conscientious, and able to do the job, properly defined, that the client 4SOUZSa( I think associate compensation has plateaued since about is looking to buy. 2007, when the New York firms led the associate entry salary to So we’re seeing a lot of that; I don’t think that’s going away. And it’s a $160,000. It’s been there since. You’ve seen some movement in some challenge for [Susi] and for us to figure out how best to get what the cli- areas to try to roll that back a little bit, but not a whole lot. ent really wants in the end, which is a successful outcome at a fair price. Susi’s right — the corporate cost-control efforts really started in 2005 and 2006. I have the sense, from feedback we got, of, “What is :W( The fixed-fee arrangement, in our experience, goes further than it that you people are not hearing? We want your costs to go down, legal fees — it goes to cost, as well. If you tell clients, particularly those and you’re telling us that you’re increasing ZPVS costs of providing based in China and Asia, that you plan to charge for fax, email, over- the services we want. There is a huge disconnect here.” And I think time, and a secretary’s time, they say, “Forget it. Why don’t you tell me that reinvigorated the view on the corporate side that there really what the cost for this transaction is going to be?” They want it fixed. wasn’t a connect between the law firms on the one hand and the cli- For us this is a challenge, because very often the project is not ents on the other, and the clients needed to be more clear about the in China — it may be in Venezuela or Angola or Congo. You need message they were delivering. IN TODAY’S WORLD, BEING A FIRST-RATE LAWYER ISN’T NECESSARILY ENOUGH. YOU REALLY HAVE TO BE A FIRST-RATE LAWYER THAT HAS FOUND AND IDENTIFIED A NICHE.” — PRENTISS FEAGLES ’76 Ac[[S` 2cYS:Oe;OUOhW\S ' MAKING IT WORK BUILDING EFFICIENCY, CONTROLLING COSTS CASE STUDY THROUGH “LEGAL PROJECT MANAGEMENT” "TIFBEPG.PSSJT.BOOJOH.BSUJO±T"UMBOUBCBTFE$PSQPSBUF EVFEJMJHFODFQSPDFTT OFHPUJBUJPOT EPDVNFOUQSFQBSBUJPO HPW 5FDIOPMPHZ(SPVQ 8]V\GObSa± QSBDUJDFJODMVEFTBGVMMSBOHF FSONFOUGJMJOHT DMFBSBODF BOEDMPTJOH PGMFHBMTFSWJDFTGPSUFDIOPMPHZCVTJOFTTFTBOEUFDIOPMPHZ ®5IFTZTUFNBMMPXTZPVUPTFUFYQFDUBUJPOTXJUIZPVSDMJFOUVQ FOBCMFEDPNQBOJFT JODMVEJOHNBOZUIBUBSFCBDLFECZWFOUVSF GSPOUZPVQSPWJEFBSPBENBQJOEJDBUJOHXIBUZPV±SFHPJOHUP DBQJUBMBOEQSJWBUFFRVJUZBOEIFBERVBSUFSFEJOUIF4PVUIFBTU EPBOEXIBUUIFFYQFDUFEDPTUTBSF:PVBMJHOUIFJSFYQFDUBUJPOT :BUFTOPUFTUIBU HJWFOIJTGJSN±TGPDVTPOMFHBMQSPKFDUNBOBHF XJUIZPVST¯7BSJBCMFGFFBSSBOHFNFOUTGPSBMMPSBOZQPSUJPOPGB NFOU UIFZXFSFBCMFUPCFOFGJUGSPNUIF®UFDIXSFDL¯PG QSPKFDUDBOCFCVJMUJOUPUIFNPEFMBOE TIPVMEGBDUTDIBOHFPSB ®0VSDMJFOUTXFSFDPODFSOFEBCPVUDPOUSPMMJOHFYQFOTFTTPUIFZ USBOTBDUJPOCFEJTDPOUJOVFE UIFZDBOCFJODPSQPSBUFERVJDLMZTP DPVMEVTFDBTIUPHSPXUIFJSCVTJOFTTFTBOEXFLOFXUIJTXPVME UIBUBMMQBSUJFTTJHOPGGDPOUFNQPSBOFPVTMZ ®SBUIFSUIBOBGUFSUIF CFBMPOHUFSNDPODFSOGPSHFOFSBMDPVOTFM ¯SFDBMMT:BUFT±®8F EFBM XIFONFNPSJFTGBEF ¯:BUFTOPUFT PCTFSWFEUIBUPVSUFDITBWWZDMJFOUTUFOEFEUPVTFFGGJDJFODZUPPMT 5SBJOJOHPGFBSMZTUBHFBTTPDJBUFTJTCVJMUJOUPUIFNPEFM IF NBOZPGXIJDIXFSFESJWFOCZUIFVTFPGQSPKFDUNBOBHFNFOU BEET BHBJOVTJOHBUSBOTBDUJPOBMNBUUFSCZXBZPGFYBNQMF®:PV ®"CPVUTFWFOZFBSTBHP XFOPUJDFEUIBUPVSDMJFOUTXFSFVTJOH DBOQPJOUBOBTTPDJBUFUPUXPPSUISFFUFNQMBUFTUIBUJMMVTUSBUFUIF QSPKFDUNBOBHFNFOUUPGJYGFF*5QSPKFDUT0OFDMJFOUBTLFENF XIPMFQSPDFTTGPSDFSUBJOUZQFTPG."USBOTBDUJPOT5IFZDBOTFF BOFOMJHIUFOJOHRVFTUJPO°8IZEPO±UZPVVTFQSPKFDUNBOBHF UIFUJNJOH CVEHFU DPTUT BOEIPXUIFEFBMUSBOTQJSFE4PUIFZ NFOUJOUIFMBX ±5IBUXBTPVS°BIB±NPNFOU¯ DBOTFF JOBOFGGJDJFOUNBOOFS IPXBEFBMJTEPOF¯*GUIFBTTPDJ 8JUIUIBULFSOFMPGBOJEFB TBZT:BUFT UIFGJSNCFHBOUPDPO BUFUBLFTNPSFUJNFPOBTQFDJGJDUBTLUIBOUIFNPEFMDBMMTGPS UIF TUSVDUJUT®-FHBM1SPKFDU.BOBHFNFOU¯TZTUFN POXIJDIBQBUFOUJT GJSNDBOBEKVTUUIFDMJFOUDPTUUPDPOGPSNXJUIUIFGJYFEGFFNPEFM QFOEJOH5IFEZOBNJD UFDIOPMPHZCBTFETZTUFNBMMPXTBUUPSOFZTUP IFTBZT®5IFSF±TBOBQQSFDJBUJPOBOEBEWBODFEJTDVTTJPOPGIPX DPOTUSDPOTUSVDUQSPKFDUQMBOTBOECVEHFUTGPSDMJFOUNBUUFSTJOQSBDUJDF NVDIBEEJUJPOBMUJNFJTSFRVJSFE SBUIFSUIBOUIFBTTPDJBUFHVFTT TQFDJTQFDJGJDBSFBT BOEUIFONPOJUPSQSPHSFTTUPFOTVSFDPNQMJBODFGJ JOHBCPVUUIFBNPVOUPGUJNFOFFEFEUPDPNQMFUFUIFUBTL¯ ®®6QGSPOUZPVCVJMEUIFQSPKFDUQMBOXJUIUIFTQFDJGJDUBTLT 6Q :BUFT±GJSNIBTIJSFEBQSPGFTTJPOBMQSPKFDUNBOBHFSUPPWFSTFF TPZPTPZPVLOPXFYBDUMZXIBUOFFETUPCFEPOF IPXNVDIUJNFJTV VTFPGUIFQSPKFDUNBOBHFNFOUTZTUFNBOEFEVDBUFBUUPSOFZT UPCFUPCFBMMPDBUFEUPFBDIUBTL BOEUIFIPVSMZSBUFTGPSQFSGPSNB POUIFOFXTZTUFNPGEFMJWFSJOHMFHBMTFSWJDFTOPUPOFUIBU JOHJOHUIFN ¯:BUFTFYQMBJOT®:PVDBOUFMMUIFDMJFOU CFGPSFCJMUIF MJOH EFQFOETPOBDFSUBJOOVNCFSPGCJMMBCMFIPVSTBWBJMBCMF IF UIFUIFGJSTUNJOVUFPGUJNF XIBU±TJOWPMWFEJOUIBUQSPKFDU*GJGJST U±T OPUFT®5IFOFXNPEFMJTCBTFEPOUIFJEFBUIBUDMJFOUTXBOU BOBO."NBUUFS GPSFYBNQMF ZPVIBWFBHPPEJEFBPGXIBU±T. TFSWJDFTQFSGPSNFEFGGJDJFOUMZCBTFEPOBQSFEFUFSNJOFEBOE JOWPMWJOWPMWFEGSPNUIFUFSNTIFFUPSMFUUFSPGJOUFOUUISPVHIUIFF NVUVBMMZBHSFFEVQPOQSPKFDUQMBO¯[ '1 «8]V\GObSa¸& I think over time, associate compensation will be demand driven. year there is no place for someone whose work is of high quality and If you reach the point in the economy that the top-tier law firms can- for which you charge the highest associate billing rates. not get the people they need to do the very best work, someone will To be perfectly frank, in today’s world, being a partner in a law firm ultimately break out and increase the salary and then each firm will is not what everyone aspires to do. A lot of people have other goals and assess whether to follow that or not. other interests. The key is to fashion career paths that make sense to Promotion to partner has been becoming harder for the last 15 bright, talented people, so you aren’t just taking really good people and years. In today’s world, being a first-rate lawyer isn’t necessarily throwing them off the roof at some arbitrary point in time. enough. You really have to be a first-rate lawyer who has found an identified niche that is important to the firm going forward. :W( Associate pay represents a challenge for us. At global firms, wherever they are based, New York-based and London-based 6O``W\Ub]\( The traditional model has been that you have to associates are paid the most, but associates elsewhere in the world make partner, in part because if you don’t, you might just be out. want to be treated, eventually, the same if they think they perform That is sort of a questionable idea — here you’ve got a very good just as well as their New York or London colleagues. And relocation of lawyer who is in demand, but not self-sustaining, who is out. How associates from higher-paid jurisdictions to lower-paid jurisdictions do you deal with that situation of the very good lawyer in a tradi- also exacerbates the problem. But clients around the world are not tional “up-and-out” system? uniformly paying the New York or London rates for work done outside such high-cost jurisdictions. 4SOUZSa( I think most firms are trying to move away from the up- or-out system and have flexibility and alternate career arrangements. 6O``W\Ub]\( Susi, how much of this change is here to stay? I think It makes no sense whatsoever to say that on the first day of the ninth there’s some consensus that much of this change is here, particularly 2cYS:Oe;OUOhW\SAc[[S` IF I LOOK AT THE FUTURE LAWYER WHO WILL BE SUCCESSFUL WITH CLIENTS LIKE MY COMPANY, IT WOULD BE SOMEONE WHO UNDERSTANDS THE BUSINESS, WHO UNDERSTANDS BUSINESS IN GENERAL — BUSINESS EXPERIENCE IS VERY, VERY IMPORTANT. YOU WANT SOMEBODY WHO UNDERSTANDS THE PRESSURES AND IS WILLING TO BE A PARTNER TO THE IN-HOUSE COUNSEL.” — SUSANNE HAAS LLM ’85, JD ’87 on the cost-cutting side. So much of this is driven by cost cutting — Third, taking ownership of their training and development is all of it — and once you’ve successfully cut costs, you don’t voluntarily crucial. It is absolutely the responsibility of the law firms, it’s the increase them. What’s your view, looking out? responsibility of the law schools, but in the end, for the individuals, the best chance of assuring themselves that that happens is to always 6OOa( Absolutely. There’s no turning back. There’s no reason why be focused on that. Never lose sight of the ball. They have the greatest the business should all of a sudden start increasing its payments to interest in their development as lawyers, learning to be great lawyers, outside firms. That, I think, is part of this real significant downturn and training. Law schools will do a great job, law firms will try to do that must be a very significant challenge for outside law firms. It’s not something, but it’s got to be their number-one priority. going to be rolled back. 6OOa( I think any kind of practical experience, before or after law 6O``W\Ub]\( What should law students be thinking about as they school or during law school is very valuable. If I look at the future law- come into law school and prepare to go out into the practice, and per- yer who will be successful with clients like my company, it would be haps things that the Law School can be thinking about? What types someone who understands the business, who understands business in of things might increase your viability? general — business experience is very, very important. You want some- body who understands the pressures and is willing to be a partner to 4SOUZSa( There are several things I would emphasize to a new lawyer. the in-house counsel. That’s what you’re looking for. If you don’t have First, the world is becoming more global. For a lot of people, it helps some experience and some understanding of the financial pressures, to have a better understanding of how things fit together and not focus then you just won’t be able to serve your clients as you should. just on my particular city, my particular region. It is a global economy. Second, clients are asking more and more for a lawyer who is :W( U.S. law students and U.S. lawyers used to be among the best in not just a great litigator or a great corporate lawyer, but somebody the world, much like NBA players in basketball. When you are NBA who knows their industry. Industry specialization and focus are very players, you can almost always beat non-NBA-quality opponents. The important. They don’t want to have to educate their lawyer on their common wisdom in New York used to be that if you didn’t know company and their business. So be focused on developing expertise China it didn’t matter — “We’ll parachute in an NBA-quality lawyer wherever your interest lies. and get the job done.” It worked for awhile. Ac[[S` 2cYS:Oe;OUOhW\S MAKING IT WORK CAREER LINK: LAW ALUMNI OFFER GUIDANCE TO COLLEAGUES IN TRANSITION -BTUZFBS /[gGSc\U¸ $UPPLBEFUPVSGSPNIFSQMBOOFEDBSFFSQBUI4IFMFGUBNVUVBMGVOESFHV MBUPSZQSBDUJDFBU8JMNFS)BMFJO8BTIJOHUPO %$ BOECFDBNFBTTJTUBOUHFOFSBMDPVOTFMBU;FOJ.BY .FEJB *OD BDPNQBOZUIBUEFWFMPQTWJEFPHBNFT ®*UXBTO±UBOFBTZDIPJDF ¯TBZT:FVOHPGIFSEFDJTJPOUPMFBWFIFSQSBDUJDFBGUFSUXPZFBST®*UXBTO±U TPNFUIJOHUIBUXBTQBSUPGNZQMBO BOE*UBMLFEUPBMPUPGQFPQMFBOEEJEBMPUPGUIJOLJOHCFGPSF* NBEFNZEFDJTJPO ®*UBMLFEUPQSPGFTTPST QBSUOFST BTTPDJBUFT BOEGSJFOETXIPLOPXNFXFMMCVUBSFO±UJOUIFMFHBMQSP GFTTJPO"MPUPGQFPQMFIBWFFYQFSJFODFTUIBUDBOSFBMMZCSPBEFOZPVSQFSTQFDUJWF1FPQMFDBODIBMMFOHF ZPVSBTTVNQUJPOTBOEIFMQZPVSFPSHBOJ[FBOESFFWBMVBUFZPVSHPBMT4FFLJOHUIBUBEWJDFHBWFNFBO PCKFDUJWFWJFXUIBUSFBMMZIFMQFENFSFGSBNFNZDBSFFS¯ "XBSFUIBUPUIFSZPVOHBMVNOJBSFJODBSFFSUSBOTJUJPOBOEBGJSNCFMJFWFSJOTUSPOHTVQQPSUBOE This strategy is less viable now. First of OFUXPSLJOHTZTUFNT :FVOHIBTCFFOBDUJWFJOIFMQJOHEFWFMPQ$BSFFS-JOL BOFXJOJUJBUJWFPGUIF-BX all, the quality of lawyers in other countries 4DIPPM±TBMVNOJBOEEFWFMPQNFOUPGGJDF JODPODFSUXJUIUIF-BX"MVNOJ"TTPDJBUJPO -"" BOEJUT has improved substantially over the years and /FX-BXZFST%JWJTJPO /-% UPXIJDITIFCFMPOHT knowledge of local law is more important to $BSFFS-JOLDPOTJTUTPGBOBUJPOXJEFOFUXPSLPGBMVNOJXIPDBOPGGFSDBSFFSBEWJDFBOEUJQTUIBU clients, as the skill sets of local lawyers are NJHIUCFVTFGVMUPUIPTFQVSTVJOHKPCTJOBHJWFOSFHJPO*OEJWJEVBMTMPPLJOHUPUSBOTJUJPO SFHBSEMFTTPG adequate to get the job done. Secondly, the UIFJSFYQFSJFODFMFWFM BMTPDBOTVCNJUSFTVNnJOGPSNBUJPOUP$BSFFS-JOL±TBOPOZNPVTJOUBLFDPNNJU type of work they do in countries outside UFFBOESFDFJWFUBJMPSFEBEWJDFBCPVUIPXCFTUUPQSPDFFEJOUIFJSKPCTFBSDI the U.S. not only has become mainstream, ®*U±TBOPOZNPVT BHHSFHBUFEBEWJDFGSPNTFWFSBMEJGGFSFOUQPJOUTPGWJFX ¯:FVOHTBZT®*U±TUIFOFYU but in some cases, avant garde. Take, for TUFQJOSFGJOJOHUIFPSHBOJDOFUXPSLJOHUIBUJTBMSFBEZPVUUIFSF¯ instance, nuclear power projects. The U.S. 5IFBMVNOJOFUXPSLJTBMTPBWBJMBCMFUPPGGFSHVJEBODFSFMBUJOHUPSFMPDBUJPO TVDIBTIPVTJOH has not done nuclear power projects for over TDIPPMT BOEMPDBMCBSBOEQSPGFTTJPOBMBTTPDJBUJPOT 30 years, so when a U.S. law firm is looking ®"MPUPGVTLOPXQFPQMFJOUIFDPNNVOJUZXIPIBWFCFFOEJSFDUMZBGGFDUFECZUIFFDPOPNZ ¯:FVOH for the most recent nuclear-power experience, TBZT®"OEDIBOHJOHKPCTHFOFSBMMZJTBOJOFWJUBCMFBTQFDUPGPVSQSPGFTTJPOGPSBMMCVUBGFX0OUIFGMJQ it may have to look elsewhere — in China, for TJEF UIFSFBSFFYQFSJFODFEMBXZFSTJOUIF%VLF-BXDPNNVOJUZXIPCFDPNFBXBSFPGKPCTBOEJOEVTUSZ example — for guidance. DIBOHFT BOEIBWFUIFFYQFSJFODFUPIFMQZPVOHMBXZFSTDPOUFYUVBMJ[FUIFJSQSPGFTTJPOBMBTQJSBUJPOT Thirdly, clients are not willing to pay the 1FPQMFBSFSFBDIJOHPVUGPSIFMQBOEUPIFMQ BOE*UIJOLUIBU$BSFFS-JOLJTBXBZGPSUIFBMVNOJDPN costs that are incurred in parachuting lawyers NVOJUZBTBXIPMFUPDPMMBCPSBUF¯ into foreign countries. That means we have to :FVOH XIPDMFSLFEJOUIF%FMBXBSF$PVSUPG$IBODFSZ JTDFSUBJOTIFNBEFUIFSJHIUDIPJDFUPTUFQ have real expertise on the ground. We have to BXBZGSPNIFSQSFDPODFJWFEDBSFFSQMBOBOEHPJOIPVTF BOETIFJTHSBUFGVMUPUIFOFUXPSLPGGSJFOET localize all the time. BOEDPMMFBHVFTXIPIFMQFEHVJEFIFSUISPVHIIFSUSBOTJUJPO ®"TBTTJTUBOUHFOFSBMDPVOTFM NZXPSLDVUTBDSPTTEJGGFSFOUBSFBTPGDPSQPSBUFBOESFHVMBUPSZMBX 6O``W\Ub]\( It’s clear that young lawyers BOE*±NFOKPZJOHJUUSFNFOEPVTMZ ¯TIFTBZT®*EPO±UIBWFUPCJMMIPVST XIJDIDIBOHFTUIFFOUJSF have to take responsibility for their careers. At DVMUVSF*UBMMPXTNFUPKVTUGPDVTPOHFUUJOHNZXPSLEPOF BOEUIFZ±SFHJWJOHNFBTNVDIBT*DBO least for now, it’s more competitive through- IBOEMF*DBO±UBTLGPSNPSFUIBOUIBU¯[ '/ out the professions and, going forward, there is less work to go around. We’ve had a more targeted approach to recruiting. “THERE ARE EXPERIENCED LAWYERS IN The lawyers who stand out are the ones who come in intuitively understanding that THE DUKE LAW COMMUNITY WHO legal practice is a business, and who are effi- BECOME AWARE OF JOBS AND INDUSTRY cient enough to avoid Prentiss’ feeling the CHANGES, AND HAVE THE EXPERIENCE TO need to write off a lot of their time. Firms are more selective in recruitment and pro- HELP YOUNG LAWYERS CONTEXTUALIZE motion. It’s supply and demand within the THEIR PROFESSIONAL ASPIRATIONS.” firm — and my impression is that it’s the — AMY YEUNG ’06 same in firms as it is in the market. [ «DWaWb1O`SS`:W\YOb eee ZOe SRc QO`SS` OZc[\W 2cYS:Oe;OUOhW\SAc[[S` 4OQcZbg4]Qca AO[cSZ0cSZZ AQV]ZO`]TTSRS`OZQ`W[W\OZZOeeVWbSQ]ZZO`Q`W[S O\RQ]`^]`ObS`SUcZObW]\X]W\aTOQcZbg AM BUELL JOKES that his research Massachusetts, during which he served as “It is quite significant that the Aagenda was neatly summed up in a /FX lead prosecutor in multiple complex inves- :PSLFS cartoon depicting two executives exam- tigations that involved fraud, racketeering, members of our business ining documents, while one says to the other, and public corruption. Buell also served on faculty are as excited by Sam’s “These new regulations will fundamentally the Enron Task Force from 2002 to 2004 addition to our faculty as are change the way we get around them.” and headed the investigation that led to the Buell, who joins the Duke Law faculty indictment of Jeffrey Skilling, Enron’s chief our criminal law scholars.” July 1 from the Washington University executive officer. ´2SO\2OdWR4 :SdW School of Law in St. Louis, focuses his teach- His latest project examines how legal doc- ing and scholarship on federal criminal law trine can best target and tame the pervasive crime and corporate governance, areas where and white-collar crime and on the regulatory problem of legal evasion — the actions of the people being regulated are at least as state, particularly the regulation of corpora- those who actively pursue methods for deriv- sophisticated as lawmakers and regulators, tions and financial markets. His scholarly ing profit or other benefits that undermine and who are “accustomed to making behav- work is informed by his decade of service the intent, if not always the letter, of the law, ioral decisions in the shadow of the law.” as an assistant U.S. attorney in the Eastern all while escaping sanction. The problem is “Here we have individuals who not only are District of New York and the District of particularly acute, he observes, in white-collar paying close attention to the rules that have Ac[[S` 2cYS:Oe;OUOhW\S ! 4OQcZbg4]Qca >@=43AA=@A/;C3:0C3::8=93AB6/B67A @3A3/@16/53<2/7A<3/B:GAC;;32C>7< B63<3EG=@93@1/@B==</B:34B Samuel Buell Recent and forthcoming scholarship 5]]R4OWbVO\R:Oe3dOaW]\D]Z #& C1:/: @Sd T]`bVQ][W\U >]bS\bWOZZg>S`dS`aS3TTSQba]T 1]`^]`ObS1WdWZ:WOPWZWbgW\>@=A31CB=@A 7<B630=/@2@==;(CA7<51@7;7=@/B31=<2C1B/\bV]\g A 0O`Y]eO\R@OQVSZ3 0O`Y]eSRa " 2cYS:Oe;OUOhW\SAc[[S` 4OQcZbg4]Qca ;]`STOQcZbgORRWbW]\a( 3[^W`WQWaba8]V\RS4WUcSW`SR]O\R2O\WSZ1VS\ AQV]ZO`aRSS^S\TOQcZbgab`S\UbVW\ZOeO\RSQ]\][WQa OHN M. DE FIGUEIREDO and Daniel 8Chen join the governing faculty on July 1, along with Samuel Buell. De Figueiredo, a leading scholar in the areas of political and legal strategy, innova- tion management, law and economics, and competitive strategy, has been, most recently, on the faculties of the Anderson School of Management and School of Law at UCLA. Chen, an innovative scholar in the areas of law and economics and the development of legal institutions, comes to Duke from the University of Chicago Law School where he was a Kauffman Fellow. 8]V\RS4WUcSW`SR]( @SaSO`QVW\bS`SabaW\bS`aSQbZOe SQ]\][WQa^]ZWbWQOZaQWS\QS De Figueiredo maintains a research agenda 8=6<; 23475C37@32= 2/<73:163< squarely at the intersection of law, econom- ics, and political science; he engages in business and institutional environments is He will also strengthen the interdisciplinary formal mathematical and statistical model- a strategic and legal challenge that all firms ties between the Law School and other parts ing of business problems that integrate all face in retaining their competitive advan- of the University, particularly the Business three disciplines in such areas as law and tage,” says de Figueiredo. School, but also the Sanford School of Public economics, political and legal strategy, the In the field of administrative law, de Policy and the Economics and Political management of technology and innovation, Figueiredo studies when and why compa- Science departments. He is a wonderfully and competitive strategy. nies might work through the legislature, creative and insightful scholar and teacher.” “Throughout my career, I’ve been looking the courts, or regulatory agencies to pursue For his part, de Figueiredo says a number for interdisciplinary solutions to problems,” changes in federal regulatory policy. He also of factors attracted him to Duke Law, includ- says de Figueiredo, who taught a short continues to write and consult in the general ing the quality of the faculty and students course at Duke Law in spring 2009. “The area of competitive strategy. and the interdisciplinary opportunities avail- problems are getting more complex and the De Figueiredo, who has won several teach- able within Duke University. only way to understand them is through ing awards, has taught at the Sloan School of “The faculty are very broad in their inter- interdisciplinary approaches.” Management at the Massachusetts Institute ests, and they are engaged both in pure aca- A key aspect of his current research of Technology (MIT) and the Woodrow demic research as well as in the application concerns how companies’ strategic agendas Wilson School at Princeton University. He of their research to real-world problems and shape the policies developed by legislatures, also was the Olin Senior Visiting Research public policy. That is very attractive,” he says. agencies, and courts. One stream of inquiry Fellow at Harvard Law School and is current- “And when I taught at Duke [in 2009], I was examines how companies interact with the ly a research associate at the National Bureau impressed by the quality of the students in political and legal process, the ramifications of Economic Research. At Duke, he will hold the Law School. They were bright, they could of those interactions for society at large, and a joint appointment in the Law School and handle complex problems, and they were able how government might improve the policies the Fuqua School of Business. to integrate disparate literatures. and processes in these areas. “In bringing John de Figueiredo to Duke “One of the attractive features of Duke, De Figueiredo also is interested in how Law School we are increasing our strength in as well, is that it’s strong not just in law, but companies design their technology strategies law and economics, empirical legal studies, also in business, economics, political sci- to respond to differences and changes in and law and business strategy,” says Dean ence, and public policy — and it seems to the market and in intellectual property law. David F. Levi. “John will be a significant have this ability and desire to communicate “Developing technology strategies which are contributor to our new focus on law and across all the units of the University to solve robust to the dynamics of the fast-changing innovation and law and entrepreneurship. interdisciplinary problems.” Ac[[S` 2cYS:Oe;OUOhW\S # 4OQcZbg4]Qca «VISITING FACULTY “One of the attractive features of Duke … is that it’s strong not just in law, but also in business, economics, political science, and public policy — and it seems to have this ability and desire to communicate across all the units of the University to solve interdisciplinary problems.” ´8]V\; RS4WUcSW`SR] “John de Figueiredo is one of the more intriguing hires made by a top law school in the last five years,” says Emerson H. Tiller, J. Landis Martin Professor of Law and Business at Northwestern Law School. “He brings a remarkable level of energy and skill to both his teaching and research — it’s a hire that other top law schools will notice and envy. He’ll be a faculty leader upon arrival and will be a most enjoyable colleague. Most importantly, he will help position Duke Law School among the top of the elite law schools in the fields of law and economics and empirical legal studies. Hiring de Figueiredo was a gutsy — and brilliant — move by the Duke Law faculty.” 2O\WSZ1VS\(3[^W`WQWabSfO[W\SaV]eZSUOZW\abWbcbW]\aRSdSZ]^ A 2009 Harvard Law School graduate with a PhD in economics from MIT, Chen is an emerging scholar in the field of law and economics with research and teaching interests that span the areas of tax, contracts, and procedure. His empirical research focuses on the development of legal institutions and whether people obey the law because of the incentives provided by the law or because of some inherent sense of legal legitimacy. ;OX 5S\1VO`ZSa2c\ZO^( A key aspect of Chen’s research agenda involves measuring the moral and economic con- 4]`[S`/W`4]`QSRS^cbg8/5 sequences of judicial discretion and the effects of particular laws. “Daniel Chen is an exciting entry-level hire for Duke,” says Levi. “He is already a prolific AJOR GENERAL Charles J. Dunlap scholar, and as an economist and empiricist he is a great addition to our faculty.” [ '1 ;Jr., former deputy judge advocate gen- eral of the United States Air Force, joins the Duke Law faculty as a visiting professor of the practice of law on July 1. :Oe`S\QS0OfbS`0WZZ0`]e\ Dunlap will co-teach national security X]W\U]dS`\W\UTOQcZbg law and military justice as well as seminars on related topics. He also will join Professor '5&37*4*5*/('035)&1"45UXPBDBEFNJD Scott Silliman in leading Duke’s Center on /ZFBST -BXSFODF#BYUFSBOE#JMM#SPXO± Law, Ethics and National Security (LENS). KPJOUIFHPWFSOJOHGBDVMUZ+VMZBTQSPGFTTPSTPG Dunlap served as deputy judge advocate UIFQSBDUJDFPGMBX#PUIBSFHJGUFEUFBDIFSTXIP general from May 2006 through March CSJOHBOFYDFQUJPOBMEFQUIPGQSBDUJDBMFYQFSJFODF 2010. In that capacity, he assisted the judge UPUIFJSDPVSTFT advocate general in the professional over- #BYUFS XIPTFSWFEPOUIFHPWFSOJOHGBDVMUZGSPN sight of more than 2,200 judge advocates, UP IBTIFMETFOJPSQPTJUJPOTBU8BDIPWJB 350 civilian lawyers, 1,400 enlisted parale- #BOLBOE8BDIPWJB$PSQ)FGPDVTFTIJTSFTFBSDI gals, and 500 civilians around the world. In BOEUFBDIJOHPOUIFFWPMWJOHSFHVMBUPSZFOWJSPO addition to overseeing an array of military :/E@3<130/FB3@ 07::0@=E< NFOUGPSGJOBODJBMTFSWJDFTBOECFZPOE"GBDVMUZ justice, operational, international, and civil BEWJTFSUP%VLF±T-BXBOE&OUSFQSFOFVSTIJQ--.QSPHSBN IFDPEJSFDUTUIF%VLFJO%$QSPHSBNPO law functions, he provided legal advice to the GFEFSBMSFHVMBUJPOBOEUFBDIFTDMBTTFTJOEPNFTUJDBOEJOUFSOBUJPOBMCBOLJOHSFHVMBUJPO BNPOHPUIFST Air Staff and commanders at all levels. *OMFBEFSTIJQQPTJUJPOTBU(PMENBO4BDIT$P "*(*OUFSOBUJPOBM BOE.PSHBO4UBOMFZ #SPXO His post at the Pentagon capped a 34-year TQFDJBMJ[FEJODVSSFODZBOEGJYFEJODPNFNBSLFUT NPTUSFDFOUMZTFSWJOHBTHMPCBMDPIFBEPGMJTUFE career in the Judge Advocate Corps that EFSJWBUJWFTBU.PSHBO4UBOMFZ"MTPBOFOUSFQSFOFVS IFJTDPGPVOEFSPG1BMNFS-BCT --$ BOE has included service as staff judge advocate 3JWFST$BQJUBM --$ DPNQBOJFTUIBUGPDVTPOGJOBODJOHBOEDPNNFSDJBMJ[JOHUFDIOPMPHJFT at Headquarters Air Combat Command at #SPXOGPDVTFTIJTUFBDIJOHBOESFTFBSDIPOCVTJOFTTMBX CVTJOFTTQMBOOJOH DBQJUBMNBSLFUT BOE Langley Air Force Base in Virginia and at DPSQPSBUFGJOBODF BOEJTBMTPBEWJTJOHBOEUFBDIJOHJOUIF%VLF-BXBOE&OUSFQSFOFVSTIJQ--.[ Headquarters Air Education and Training $ 2cYS:Oe;OUOhW\SAc[[S` 4OQcZbg4]Qca 6O`dO`R¸a3dSZg\6WUUW\P]bVO[dWaWbaOaW\OcUc`OZ8]V\6]^S4`O\YZW\1VOW` VELYN BROOKS HIGGINBOTHAM, the Victor S. Thomas Higginbotham is the recipient of 3Professor of History and of African and African American numerous awards. She is a member of Studies and Chair of African and African American Studies at the American Philosophical Society, Harvard University, will be the inaugural holder of the John Hope and she is the recipient of the Carter G. Franklin Chair in American Legal History at Duke Law School during Woodson Scholars Medallion from the the 2010-11 academic year. Association for the Study of African Higginbotham will hold the chair on a visiting basis. While at American Life and History and the Duke, she will teach a course on Race, Law and Civil Rights History Legend Award from the Urban League. and a seminar exploring, through a study of biographies and autobiog- “John Hope is a hero to me, so I can’t raphies, how personal life experiences might influence the actions and overstate what it means to be the inau- works of lawyers and judges. gural John Hope Franklin Chair,” says “We are delighted that Professor Higginbotham has agreed to serve Higginbotham. “To say that I’ve taught as the inaugural holder of the John Hope Franklin Chair,” says Duke at such a wonderful law school, and to Law Dean David F. Levi. “It is only fitting and proper that Professor teach under the title of his name, for me, Higginbotham should be the first holder of this chair. Not only is she this is a historic moment. I only wish I a distinguished historian of civil rights, but she is also Dr. Franklin’s could co-teach the course with him.” close friend and co-author of the new edition of his important work, She adds that, as a historian and 'SPN4MBWFSZUP'SFFEPN")JTUPSZPG"GSJDBO"NFSJDBOTOur students teacher of history, she looks forward to working with students who are and faculty are eager to welcome her to Duke for the coming year.” steeped in the law. “I teach about the law, but I teach from a different Higginbotham is a leading scholar of African-American religious perspective,” she says. “I want my students to understand the context history, women’s history, civil rights, constructions of racial and of the cases that have played such important roles in our history, to gender identity, electoral politics, and the intersection of theory and understand what was going on at the time, and who the people were history. One of her most cited and reprinted articles is “African- who were there. All these details are so important to understanding American Women’s History and the Metalanguage of Race,” win- what these decisions were really about.” ner of the best article prize of the Berkshire Conference of Women The John Hope Franklin Chair was established in 2009 to honor Historians in 1993. In addition to co-authoring the ninth edition the late Franklin and his tenure as a professor of legal history at of 'SPN4MBWFSZUP'SFFEPN, which she substantially revised and Duke Law School from 1985 to 1992. Gifts from Duke Law alumnus rewrote with Franklin’s blessing, Higginbotham is the co-editor, William Louis Dreyfus ’57 and The Duke Endowment helped to endow with Henry Louis Gates, Jr., of the "GSJDBO"NFSJDBO/BUJPOBM the chair. The Law School will award the chair on a visiting basis each #JPHSBQIZ, which presents African American history through the year to a distinguished scholar until a permanent appointment is life stories of more than 4,000 individuals. made. [.FMJOEB.ZFST7BVHIO Command at Randolph Air Force Base in Kagan, eds., AEI Press, 2010). A widely- LENS’ executive director. “He also brings a Texas, among other leadership posts. published legal scholar, Dunlap’s essay, wealth of knowledge in national policymak- Dunlap’s commentary on a wide variety “A Tale of Two Judges: A Judge Advocate’s ing. He has been at the table when many of of national security topics has been pub- Reflections on Judge Gonzales’ Apologia,” is the crucial recent national security decisions lished in leading newspapers and military forthcoming in the 5FYBT5FDI-BX3FWJFX in the Pentagon have been made.” journals. His 2001 essay written for Harvard “General Dunlap will be an excellent addi- With national security representing University’s Carr Center on “lawfare,” a con- tion to our faculty both because of his recent a $650 billion per year business in the cept he defines as “the use or misuse of law experience in government and because of Department of Defense alone, Dunlap as a substitute for traditional military means his thoughtful scholarship,” says Dean David notes, national security law and policy is to accomplish an operational objective,” F. Levi. “He is a perfect fit for Duke Law foundational to a well-rounded legal educa- has been highly influential among military School, which has been a leader in national tion. “A lawyer needs a familiarity with the scholars and in the broader legal academy. securities law study for quite some time.” architecture of national security to be in a He is the author of “The Air Force “General Dunlap brings a special exper- position, in the 21st century, to effectively and 21st Century Conflicts: Dysfunctional or tise to the classroom, and a unique perspec- advise clients, particularly those with a glo- Dynamic?” in the newly-released -FTTPOTGPS tive of one who dealt extensively with the balized businesses,” he says. He adds that B-POH8BS)PX"NFSJDB$BO8JOPO/FX cases, statutes, and treaties discussed in the he is pleased to be starting this phase of his #BUUMFºFMET (Thomas Donnelly and Frederick courses he will be teaching,” says Silliman, career at Duke. ['1 Ac[[S` 2cYS:Oe;OUOhW\S % 4OQcZbg4]Qca «VISITING FACULTY DWaWbW\UW\TOZZ «Taking a leave of absence from the Department of Justice, Deputy Solicitor General ;WQVOSZ@ 2`SSPS\¸& will teach Appellate Practice and a new seminar on Constitutional Litigation and Criminal Law that will explore the relationship EWZZWO[/ @S^^g8` between various theories of constitutional @SbW`S[S\bQOZZa2cYS:Oe¸aSf^S`bW\ interpretation and the practical application [Ob`W[]\WOZ^`]^S`bgO\RO\W[OZZOe of those theories in litigation. [ ´O\R^`S[WS`^WO\Wab «1VO`ZSa:0SQb]\¸$', a leading ILL REPPY SAYS THAT LAW was never part of his career plan, trial lawyer and former judge on the 0 although his father was a lawyer, city attorney, and judge in his North Carolina Court of Appeals, will add hometown of Oxnard, Calif. But a course in constitutional law that Rhetoric and Advocacy to his course offer- he took in his senior year at Stanford University, where he majored ings and continue to teach in the Trial in journalism, changed his mind. Practice program. A longtime principal in “I just MPWFE it. I thrilled to it,” recalls Reppy, the Charles L.B. Becton, Slifkin & Bell in Raleigh, Becton Lowndes Emeritus Professor of Law. “So I was a late applicant to is a fellow in the American College of law school, but I got in.” He excelled, graduating first in his class Trial Lawyers, the American Board of Trial at Stanford Law School and eventually clerking for Supreme Court Attorneys, and the International Society of Justice William O. Douglas. Barristers. He also is the John Scott Cansler A leading scholar in the areas of matrimonial property, conflict of Lecturer at the University of North Carolina laws, and animal law, Reppy officially retires Sept. 1. He joined the School of Law in Chapel Hill. [ faculty in 1971, recruited and recommended by the dean at the time, the late Joseph Sneed, who had been his tax law professor at Stanford. Reppy, whose co-authored casebook, $PNNVOJUZ1SPQFSUZJOUIF «;gZSaD :g\Y will teach Civil 6OJUFE4UBUFT, is currently in its seventh edition, began his study of Procedure at Duke Law this fall. He is the community property regimes early in his career. Peter Kiewit Foundation Professor of Law “It fascinated me that a number of Western states chose not to use and the Legal Profession and Faculty Fellow the common law in the area of matrimonial property,” he says, not- at the Center for the Study of Law, Science, ing that community property has now been adopted in nine states. and Innovation at the Sandra Day O’Connor “Louisiana was totally a civil law jurisdiction so that made sense, College of Law at Arizona State University. but there were seven other states, California, Arizona, Washington, He also is an affiliated faculty member Idaho, and Nevada among them, that adopted a Mexican-based mat- in the Social Inquiry School of Social rimonial-property regime — a civil-law regime — that was thought to Transformation at the College of Liberal be more fair. I was interested to see how much the courts would look Arts and Sciences at Arizona State. [ to Mexican and Spanish authorities. The answer turned out to be, ‘Very rarely.’” In the early 1980s, Reppy undertook a study for the California «0S\2S^]]`bS`, professor of law at the Law Revision Commission, published in the 4BO%JFHP-BX3FWJFX University of California Hastings College that was influential in the state’s reform of its community-property of Law, will teach Property at Duke Law regime. “Equal management was an important aspect of it,” he says, this fall. He previously was a Santander both of his recommendations and the reforms subsequently imple- Research Fellow at the University of mented. “Previously, husbands had almost exclusive management California at Berkeley, a John M. Olin powers over community property that was equally owned by the wife. Fellow in Law, Economics, and Public But the study covered many other issues as well.” Policy, and the recipient of Fulbright and Over the past decade, Reppy has devoted more of his time to British American Educational Foundation scholarship and advocacy in animal law, a longstanding professional (BAEF) scholarships. [ interest. He has emerged as one of the top scholars in the field, with numerous academic works and several practice-oriented publications to his credit. & 2cYS:Oe;OUOhW\SAc[[S` 4OQcZbg4]Qca “He was the force behind expanding the scope of statutes in North Carolina that give citizens standing to bring a civil suit in aminal-cruelty cases. No other state has such an effective tool for protecting animals through civil litigation.” ´;O`WZg\@ 4]`PSa “Professor Reppy is known across the “You have no rea- United States for his work,” says Marilyn son, as a farmer, to R. Forbes, a partner at Womble Carlyle be torturing animals Sandridge & Rice in Raleigh who teaches except to see what Animal Law and supervises student out- happens,” he says. placements in that field. “For example, he “The argument is was the force behind expanding the scope of that all the exceptions statutes in North Carolina that give citizens have to be knocked standing to bring a civil suit in animal-cru- out, and the legisla- elty cases. No other state has such an effec- ture has to do it over tive tool for protecting animals through civil again with a rational litigation. These laws have protected literally basis. And there can’t thousands of abused and neglected animals be a rational basis in North Carolina.” ever for exempting A longtime member of North Carolina’s malicious acts done not for commercial prof- tional studies. “In some ways he was intimi- General Statutes Commission, which con- it but just for the thrill of torture.” His argu- dating. But we came to realize that he was siders and recommends amendments to all ment is being used in a current challenge to interested in our welfare and in teaching of the state’s uniform laws, Reppy also has similar exemptions in Washington state law. us as much as possible.” In April, the Law helped implement various other improve- Having regularly taught classes in com- Alumni Association honored Reppy with ments in legislation pertaining to animals. munity property, conflict of laws, animal its A. Kenneth Pye Award for excellence in Although he is loath to make a direct law, and property, and served as faculty teaching and compassion toward students. connection, others credit Reppy’s stature as adviser to the "MBTLB-BX3FWJFX since 1991, Apart from outdoor pursuits and ani- a scholar with attracting television personal- Reppy also is remembered as a rigorous mals — he and wife, Juliann Tenney ’79 ity Bob Barker’s $1 million gift to Duke Law and effective teacher of legal writing over a currently have four dogs and a soft spot School in 2005; the Bob Barker Endowment 20-year period. for Dalmatians — music is an abiding Fund for the Study of Animal Law supports “He was a devoted instructor in our writ- passion for Reppy. An accomplished pia- teaching, research, and student work in ani- ing program at that time — a real leader. He nist who started playing by ear as a young mal law and advocacy. With the assistance of always imposed high standards to get good child, he began moonlighting at vari- the endowment, Reppy also has spearheaded results,” recalls David Lange, the Melvin G. ous Durham nightclubs shortly after he two major interdisciplinary conferences on Shimm Professor of Law and Reppy’s col- arrived at Duke and served as the official issues relating to animal law and the use of league since 1971. Students appreciated that pianist at the Chapel Hill Country Club animals in bioengineering. “meticulousness,” Lange adds. As one of for 28 years. He has shared his talent — Reppy notes there is still work to be done; Reppy’s small-section Property Law students and happily taken requests — at count- his tone is forceful as he discusses the need who also had him for legal writing — a less Duke Law gatherings. to end agribusiness exemptions — which in group known as “the Repptiles” — Jennifer “I have been extremely happy teaching North Carolina include an exemption from Maher ’83 agrees. and writing at Duke Law for almost 40 malicious felony cruelty — from animal-cru- “Bill would respond to our papers with years,” says Reppy. “It’s a great institution, elty laws. In a 2007 article published in -BX pages of typed, single-spaced comments, as evidenced by the fact that almost none of $POUFNQPSBSZ1SPCMFNT, Reppy argues that sometimes longer than the paper itself,” says the faculty ever leaves Duke for a different the blanket exemption is unconstitutional. Maher, Duke’s assistant dean for interna- law school.” ['1 Ac[[S` 2cYS:Oe;OUOhW\S ' 4OQcZbg4]Qca F YOU HAVE EVER HAD the privilege of Explaining the art of effective opening 7sitting in Professor Michael Tigar’s class- arguments to first-year law students before BWUO`abgZS room, you know that he is both a storied the opening round of their mock trial man and a man of stories. tournament, Professor Tigar demonstrated I can recall many favorite stories — about a tactic he used in Terry Nichols’ trial: He /a>`]TSaa]`]TbVS how legendary trial attorney Edgar Bennett held out his right hand, palm open, and >`OQbWQS]T:Oe Williams prepared for arguments (with an asked the students rhetorically, “Do you empty conference room and a ton of legal see my hand? No, you can’t see my hand ;WQVOSZBWUO``SbW`Sa pads); of how to develop a theory of a case until you have seen both sides.” A number T`][QZOaa`]][ or a theme for a trial (when defending of the students later opened their argu- Terry Nichols in connection with the 1995 ments with exactly this technique (but with bSOQVW\UOT]`[S` Oklahoma City bombing, his theme was considerably less impact). abcRS\bPWRaVW[O “Terry Nichols was building a life, not a Professor Tigar has a wealth of experi- bomb”); or of standing before the Supreme ence to draw upon for his stories: He is the T]\RTO`SeSZZ Court on numerous instances. (And his quip author of numerous books; he has repre- 0g8STT`Sg1VS[S`W\aYg¸ ' about what to say to a client who offers to pay sented numerous high-profile clients — cash: “Thank you!”) Nichols, Angela Davis, and Lynne Stewart, Whether Professor Tigar is presenting a to name just a few; and he has several times speech, telling a story, or teaching a class, he presented arguments before the Supreme draws his audience in not only with master- Court. He was named one of the “lawyers of ful rhetoric but also his own obvious excite- the century” by California Attorneys for Civil ment about the possibilities a legal career Justice; the vote placed him third, behind presents for — to use the title of his book — Clarence Darrow and Thurgood Marshall. By fighting injustice. And he shows that a law- sharing his own experiences, Professor Tigar yer can have a good amount of fun doing it. made life in the law tangible to students. We ! 2cYS:Oe;OUOhW\SAc[[S` 4OQcZbg4]Qca learned not through abstraction, but through «4/1C:BG<3EA0@734A real action. Working as his research assistant for two years, I witnessed the qualities so often SCHROEDER CONFIRMED AS HEAD OF DOJ OFFICE OF LEGAL POLICY cited by his colleagues, friends, and even O"QSJM 1V`Wab]^VS`AQV`]SRS` his adversaries as the reasons Professor =XBTDPOGJSNFECZUIF6OJUFE4UBUFT Tigar is such a remarkable lawyer. I saw his 4FOBUFUPUIFQPTUPGBTTJTUBOUBUUPSOFZHFOFSBM mastery of the material, his development of GPSUIF0GGJDFPG-FHBM1PMJDZJOUIF%FQBSUNFOU a theory of the case, and his understanding PG+VTUJDF4DISPFEFS UIF$IBSMFT4.VSQIZ of what arguments would be persuasive. I 1SPGFTTPSPG-BXBOE1SPGFTTPSPG1VCMJD worked with him on two cases he took pro 1PMJDZ XBTOPNJOBUFEGPSUIFQPTUCZ1SFTJEFOU bono — a parole application from an elderly 0CBNBPO+VOF inmate and a First Amendment case — and 4DISPFEFSTFSWFTBTUIFQSJNBSZQPMJDZ observed firsthand Professor Tigar’s extraor- BEWJTFSUPUIFBUUPSOFZHFOFSBMBOEEFQVUZ dinary skill as an advocate. BUUPSOFZHFOFSBMBOEEFWFMPQTBOEJNQMFNFOUT As Professor Tigar retires from the class- TJHOJGJDBOUQPMJDZJOJUJBUJWFTPGUIF%FQBSUNFOU room, I regret that future students will not PG+VTUJDF)JTEVUJFTJODMVEFBTTJTUJOHUIF have the example of this great lawyer and QSFTJEFOUBOEBUUPSOFZHFOFSBMJOUIFTFMFDUJPO person to emulate. But I am so thankful BOEDPOGJSNBUJPOPGGFEFSBMKVEHFT that I did. And I am glad that this marks the 5IFMPOHUJNFEJSFDUPSPG%VLF-BX4DIPPM±T1SPHSBNJO1VCMJD-BXBOEDPEJSFDUPSPGUIF%VLFJO end of just one chapter of this storied man’s %$QSPHSBN 4DISPFEFSTFSWFEJOUIF$MJOUPOBENJOJTUSBUJPOBTBDUJOHBTTJTUBOUBUUPSOFZHFOFSBMJO career. Indeed, he leaves open the possibility UIF0GGJDFPG-FHBM$PVOTFMBUUIF%FQBSUNFOUPG+VTUJDF XIFSFIFXBTSFTQPOTJCMFGPSMFHBMBEWJDFUP that he will be teaching again after a respite UIFBUUPSOFZHFOFSBM UIFFYFDVUJWFPGGJDFPGUIFQSFTJEFOU BOEPUIFSFYFDVUJWFCSBODIBHFODJFT)F of a year or so. BMTPIBTTFSWFEBTDIJFGDPVOTFMUPUIF4FOBUF+VEJDJBSZ$PNNJUUFF A couple of summers ago, Professor Tigar ®¥$ISJT4DISPFEFSIBTUIFFYQFSJFODF UIFJOUFMMFDU BOEUIFKVEHNFOUOFDFTTBSZUPCFB presented a talk to gifted high school stu- TVQFSCMFBEFSPGUIF0GGJDFPG-FHBM1PMJDZ ¯TBJE4FO5FE,BVGNBO %%FM TQFBLJOHJOTVQQPSU dents who were participating in a two-week PG4DISPFEFS±TOPNJOBUJPOPOUIF4FOBUFGMPPS,BVGNBOOPUFEUIFJSDMPTFGSJFOETIJQBOEXPSLJOH class on wrongful convictions at Duke Law. SFMBUJPOTIJQ JOBEEJUJPOUPXPSLJOHUPHFUIFSBT4FOBUFTUBGGFST UIFZDPUBVHIUBDPVSTFUPHFUIFSPO I sat in on the class and watched as students $POHSFTTBU%VLF-BXBOEPOGFEFSBMSFHVMBUJPOJOUIF%VLFJO%$QSPHSBN[ reacted to the talk. One might have thought that they had just been the private audience «2]\OZR: 6]`]eWbh UIF+BNFT#%VLF1SPGFTTPSPG-BXBOE of a movie star or a guitar legend rather than 1PMJUJDBM4DJFODF IBTCFFOBXBSEFEBGFMMPXTIJQGSPNUIF8PPESPX a lawyer. After Professor Tigar left, the room 8JMTPO*OUFSOBUJPOBM$FOUFSGPS4DIPMBST UIF8JMTPO$FOUFS JO was filled with shouts of “Man! He is amaz- 8BTIJOHUPO %$ JOPSEFSUPBEWBODFIJTXPSLPODPOTUJUVUJPOBMEFTJHO ing!” and “How did you ever get IJN to come GPSTFWFSFMZEJWJEFETPDJFUJFT*UJTUIFTFDPOEUJNFIFIBTSFDFJWFEUIF speak to VT?” QSFTUJHJPVTGFMMPXTIJQUIBUGVOETQSPKFDUTSFMFWBOUUPHPWFSONFOUBMBOE One curly-haired boy in the front row QVCMJDQPMJDZQSPCMFNT shouted out: “Wow! I wasn’t even sure that )BWJOHBMSFBEZDPNQMFUFEDBTFTUVEJFTPODPOTUJUVUJPOBMEFTJHOJO I wanted to be a lawyer ... now I just want /PSUIFSO*SFMBOE 'JKJ #PTOJB BOE$ZQSVT )PSPXJU[QMBOTUPEFWPUFIJT to be IJN!” GFMMPXTIJQUPUIFBOBMZUJDBMQPSUJPOPGBOVQDPNJOHTDIPMBSMZXPSL)F My sentiments exactly. [ BMTPXJMMVOEFSUBLFBSFWJFXBOEBOBMZTJTPGTVDINBUUFSTBTUIFEJTQBSBUFFMFDUPSBMTZTUFNTUIBUDBO CFVTFEJOTVDITPDJFUJFTBOETVSWFZUIFSFTVMUTUIBUEJGGFSFOUTZTUFNTIBWFCSPVHIUBCPVU[ 1SPGFTTPS.JDIBFM5JHBSDPODMVEFEIJT UFBDIJOHDBSFFSUIJTTQSJOHBGUFSGPVSZFBST «AbSdS\: AQVeO`Qh UIF4UBOMFZ"4UBS1SPGFTTPSPG-BXBOE BU%VLF IFIBTCFFOBQQPJOUFEQSPGFTTPS #VTJOFTT IBTCFFOBXBSEFEUIF-FWFSIVMNF7JTJUJOH1SPGFTTPSTIJQBU FNFSJUVTBU%VLF)FJTBMTPQSPGFTTPSFNFSJ UIF6OJWFSTJUZPG0YGPSE GPSUIFGBMMUFSN"U0YGPSE 4DIXBSD[XJMM UVTBU"NFSJDBO6OJWFSTJUZBOEUIFBVUIPSPG SFTFBSDIUIFDBVTFTBOEDPOTFRVFODFTPGUIFHMPCBMGJOBODJBMDSJTJTBOEXJMM OVNFSPVTCPPLT JODMVEJOHNine Principles HJWFUISFFVOJWFSTJUZXJEF QVCMJDMFDUVSFTPOUIBUUPQJD of Litigation and Life "NFSJDBO#BS (SBOUFECZ5IF-FWFSIVMNF5SVTU UIFQSPGFTTPSTIJQSFDPHOJ[FTUIFSFDJQJ "TTPDJBUJPO )FXJMMDPOUJOVFUPQBSUJDJQBUF FOU±TUPQBDBEFNJDTUBOEJOHJOSFTFBSDIBOEUFBDIJOHBOEUIFBCJMJUZPGUIF JOMJUJHBUJPO NPTUMZJOQSPCPOPIVNBOSJHIUT IPTU6,JOTUJUVUJPOUPCFOFGJUGSPN®JNQPSUFETLJMMTBOEFYQFSUJTF ¯BDDPSE DBTFT BOEUPEPSFTFBSDIBOEXSJUJOH JOHUPUIF5SVTU±TXFCTJUF4DIXBSD[GPDVTFTIJTTDIPMBSTIJQBOEUFBDIJOHPO +FGGSFZ$IFNFSJOTLZXBTBSFTFBSDIBTTJTUBOU DPNNFSDJBMMBX CBOLSVQUDZ JOUFSOBUJPOBMGJOBODFBOEDBQJUBMNBSLFUT)F UP5JHBSEVSJOHIJTUJNFBU%VLF-BXBOEJT IBTQVCMJTIFEFYUFOTJWFMZPOJTTVFTSFMBUJOHUPUIFDVSSFOUGJOBODJBMDSJTJTBOEJTUIFBVUIPSPGUIFMFBE OPXBDMFSLUP$IJFG+VEHF3PCFSU)FOSZPGUIF JOHBSUJDMFPOTZTUFNJDSJTL[ 64$PVSUPG"QQFBMTGPSUIFUI$JSDVJU Ac[[S` 2cYS:Oe;OUOhW\S ! >`]TWZSa 2OdWR>Og\S¸&& =\ZW\SORdS`bWaW\US\b`S^`S\Sc` “This is about turning your computer screen into a television screen and then, over time, increasing the commercial load and expectation that users have,” Payne explains. “At that point, the website can remain free by charging advertisers more for its ad space.” The target audience for ads already has shifted online, he observes. “Younger con- sumers already spend more time on their laptops than they do watching television. If you want to have a brand message reach that audience, you need to serve a quality ad, and the highest-quality ad you can get is a 15-30 second video spot.” Brand advertisers who currently have to produce custom ads for the Internet would be able to leverage production costs from their television ads, he points out. A series of somewhat nontraditional career moves — and a high tolerance and appetite for risk, change, and challenge — prepared Payne for his entry into the entre- preneurial sector. The first came two years after his graduation from Duke Law, when he left his associate’s position at Gibson Dunn & Crutcher in Washington, D.C., to join the Office of the U.S. Attorney in the District of Columbia. The move cut his pay AVID PAYNE’S BUSINESS MISSION is “to keep Internet content free with a better but freed him from billing hours, he jokes, 2ad model,” one that allows online media clients to serve a video ad in front of any type and allowed him to try numerous cases over of content. He got the idea for his entrepreneurial venture while heading CNN.com from the course of three years. 2004 to 2008 as senior vice president and general manager; he was frustrated by the two- Having worked in television news prior dimensional display ads that generate revenue from the advertiser only when a user clicks to entering law school — he also interned on them. It’s a problem endemic to digital publishing, he says, and is leading high-traffic, on “Meet the Press” after his 1L year — high-value, and high-cost news providers like 5IF/FX:PSL5JNFT to launch plans to charge Payne next followed his passion for media to readers for access to their content. Turner Broadcasting in Atlanta. He started ! 2cYS:Oe;OUOhW\SAc[[S` >`]TWZSa “The breadth and scope of things I got to do as a lawyer at Turner Sports was unbelievable — contracts, events, distribution, sponsorships, television agreements, everything. [Adding] ‘business affairs’ ... was one of the key pivots for me in getting to where I am now.” ´2OdWR>Og\S >Og\Sa^]YSb] 2cYS:OeabcRS\baOP]cbVWa QO`SS`b`O\aWbW]\T`][ZOegS`b] S\b`S^`S\Sc`4SP Oa^O`b]T bVSµ=^S\2]]`a¶aS`WSa]\QO`SS` OZbS`\ObWdSa 9ObVg>Og\S¸&%O\R2OdWR>Og\S¸&& IN THEIR INDIVIDUAL CAREERS, Kathy and David Payne each note a point at which as a copyright lawyer, researching sequel and they made a significant crossover from law to business — the point when each moved licensing rights to the various video libraries from just “papering” deals to negotiating them, too. For each it was a move that paid off the company owned. He admits that he had handsomely. Kathy is now vice president of programming for Cox Communications and little interest in copyright law, but had his a leader in the cable industry (see Page 34), and David, the former head of CNN.com, is eye on other Turner assets: its sports teams founder and CEO of ShortTail Media, an Internet advertising start-up. On the home front, and CNN. While keeping up with his rights they share the enterprise of raising their two teenage daughters. [ work for the entertainment group, he vol- unteered to work with Turner Sports on the side, whenever the opportunity arose. And the City of Atlanta for the conversion of its ing a $100 million business. “We completely when Turner Sports’ counsel moved to the Olympic stadium to Turner Field and for the redid CNN.com, from soup to nuts,” he says. business side of the company, Payne moved construction of the Atlanta Arena. “I had the opportunity to blend my passion into his job, becoming counsel to its pro- Payne “left legal behind entirely” in 2000 for journalism with a vision for a new set of fessional sports teams, the Atlanta Braves, when he became general manager of CNNSI video, mobile, and online products — get- Hawks, and later, Thrashers, as well as its Interactive, an online joint venture between ting my hands into the technology, mar- television-production arm. CNN and 4QPSUT*MMVTUSBUFE. “It didn’t mean keting, software development, and design “The breadth and scope of things I got I stopped thinking like a lawyer, but it was aesthetics.” Creating CNN Pipeline, a multi- to do as a lawyer at Turner Sports was the critical break for me,” he says. “I started screen, broadband, live Internet service unbelievable — contracts, events, distribu- managing people from all different back- providing access to all of CNN’s live streams, tion, sponsorships, television agreements, grounds and skill sets, from product devel- was “way ahead of its time” and is one of the everything,” he says. He soon added “busi- opers, to designers, to software engineers.” products of which he is most proud. ness affairs” to his roster of duties at Turner A year later, he took over business operations Now heading his own company, Payne Sports, negotiating the business, not just for all of CNN’s networks and websites. observes that he still calls on his legal skills the legal, terms of deals. After a few years in CNN Corporate, and knowledge as needed. What’s changed “That was one of the key pivots for me Payne had the opportunity to really get most in his career, he says, is the way he in getting to where I am now,” he says. “I in the weeds of a business by convinc- thinks about decision-making. “A lawyer’s negotiated deals with all of our talent and ing his boss to let him focus full-time on job is to advise his or her clients about the then I would go paper them.” The deals went CNN’s fastest-growing business, CNN.com. risks and then let them decide what to do. As beyond “talent”; among others, he was part Heading CNN.com offered Payne the oppor- a businessman, your job is to make the deci- of the team that reached agreement with tunity to fully engage in building and grow- sions. I’ll take that job any time.” [ Ac[[S` 2cYS:Oe;OUOhW\S !! >`]TWZSa “I always tell lawyers that their skills transfer easily to business. We communicate well, we write well, and we’re “I had been practicing law for 13 years and I felt it would be a really good change. I very analytical. And being at thought it would be more fun to work on the a law firm for three years entire deal rather than to just handle the legal taught me how to work under aspects of a variety of deals.” It was, initially, a bit harder than she anticipated, she admits. pressure.” ´9ObVg>Og\S “I had never really seen an Excel spreadsheet, let alone been asked to create one. And I had to learn how a single penny makes a huge difference in any one of our deals.” Her move to the business side has given her broad visibility within the cable industry, she notes. “Because I negotiate externally with so many other companies, I have a much broader network than I ever would have had in the legal department,” she says. “From a career perspective, that’s been very helpful to me.” 9ObVg>Og\S¸&% Payne has long been active with Women 1OPZSW\Rcab`gZSORS` in Cable Telecommunications (WICT), an organization dedicated to leadership training S VICE PRESIDENT of programming what’s important to the other side, and how and advancement within the cable industry; / for Cox Communications, Kathy you meet in the middle to bridge that gap.” she is both a graduate and past chair of its Payne negotiates and oversees the cable car- Payne first went in-house with a com- premier leadership institute, and will chair rier’s agreements for the programming it pany that purchased and franchised travel the national organization for two years after delivers to more than 6 million subscribers. agencies after three years of practicing completing her current term as vice chair. She operates in an ever-more consolidated commercial and communications law at “I feel like I have been able to be success- and competitive arena; programming giants Dow Lohnes in Washington, D.C. When ful at Cox and have a family and a full life,” can own dozens of channels that they can she arrived in Atlanta, following husband she says. “It’s important to me to be a role bundle and license as a package, giving David’s acceptance of a position at Turner model and to let other people see they can do them considerable leverage with cable dis- Broadcasting, she interviewed at Cox, a Dow that, too — though it wasn’t easy. There were tributors, and competition has increased as Lohnes client, at the suggestion of one of a lot of times when I needed to reach out to satellite operators and telecoms enter cable her old firm’s partners. “It was right when others to make it to where I am.” Her indus- distribution. Her content agreements need regulation was hitting the cable industry,” try leadership has been acknowledged with to be tight on one hand — she doesn’t want she recalls of that period in the early 1990s. numerous honors; she has twice been named to pay for programs that can also be found “They felt the franchise-regulatory skills I one of the “50 Most Powerful Women in for free online — and flexible enough to had could transfer to the communications- Cable” by $BCMF8PSME and was named a 2009 keep pace with evolving technology, cover- regulatory work.” She started doing the “Wonder Woman” by .VMUJDIBOOFM/FXT. ing high-definition as well as standard- legal work for Cox’s programming depart- Like David, Payne is grateful for her pro- definition channels and video-on-demand ment in 1998, after undertaking an analysis fessional roots in law. content, and rights for Cox subscribers to of the way work was distributed between “I always tell lawyers that their skills trans- view their favorite shows on their laptops in-house and outside counsel. fer easily to business,” she says. “We commu- and other mobile devices. “We were outsourcing our programming nicate well, we write well, and we’re very ana- “What I like most about handling negotia- agreements — our core business — and that lytical. And being at a law firm for three years tions is being able to see the deal’s business didn’t make sense. You shouldn’t outsource taught me how to work under pressure.” implications,” Payne says. “Negotiation is all your core business, just the big things like Her advice for students and new gradu- about trying to find a mutual place where litigation and acquisitions, the matters for ates? “You don’t have to do it all at once. It you both can meet your business objec- which you need a lot of manpower at once,” really is a marathon and there are a lot of tives. You have to be creative, you have to she says. “I suggested we keep the program- curves in the road. You don’t always have to analyze the situation, you have to look at the ming agreements in-house and said I’d like to be on the perfect path — you might be doing pros and cons, you have to know what you do them.” When she was asked to move over something that will give you great skills find most important, you have to figure out to the business side in 2001, she was ready. you’ll use later on.” [ 'SBODFT1SFTNB !" 2cYS:Oe;OUOhW\SAc[[S` >`]TWZSa “I am convinced that the members of the legal profession are the lifeblood of a society built on the rule of law and are, in large numbers, wonderful community servants. People need to know there is much good we do.” ´8O\SbEO`R0ZOQY 8O\SbEO`R0ZOQY¸&# /QOZZb]aS`dS OR JANET WARD BLACK, service to “Often, lawyers are able 4others is both a personal avocation and to help only one person at a a professional responsibility. She has partic- time,” she adds. “Although ipated in international mission trips annu- lawyers can sometimes be ally for more than a decade with organiza- involved in efforts that allow tions including International Cooperating us to impact policy systemi- Ministries and Habitat for Humanity. cally, that doesn’t happen Meanwhile, in 2008, she led the single often. So, for me, service largest volunteer service effort in North opportunities are tremen- Carolina Bar Association (NCBA) history. dously rewarding, and they Black’s personal and professional inter- make it exciting for me to ests often merge at Ward Black Law, her get up in the morning.” personal injury and workers’ compensa- Black is one of only two tion firm in Greensboro. In April, the firm lawyers to have served as sponsored several individuals on a Habitat president of both the NCBA for Humanity building trip to Honduras. It (2007-2008) and the North is the third year that the firm has provided Carolina Academy of Trial such sponsorships. Lawyers (2001-2003). In her Her efforts have not gone unnoticed. role as NCBA president she In January, the North Carolina State created the 4ALL program, a statewide that makes the front page of the paper, but Bar presented Black with its Distinguished service day during which NCBA members if a lawyer has chaired the school board for Service Award acknowledging exemplary provide free legal services to those in 15 years or has represented some civic orga- service to the legal profession. She also is need through projects identified by each nization without charge for 20 years that the 2010 recipient of the Duke Law Alumni section of the organization. gets no coverage. Association’s Charles S. Murphy Award hon- The centerpiece of 4ALL is a collection “The bad news gets the coverage,” she oring a graduate’s commitment to the com- of statewide phone-in centers where lawyers continues. “So my thinking was, if we can’t mon good through his or her work in public field legal inquiries at no charge to the caller. get attention to our good works one at a service or dedication to education. Volunteer lawyers participated in nearly time, what if we have hundreds or poten- “My service work provides an opportu- 8,500 calls during the third annual 4ALL tially thousands of lawyers on one day doing nity for members of the community to see Statewide Service Day on March 5, 2010, good works?” that there are lawyers in the community which for the first time included a dedicated More than 1,000 lawyers participated in just working as volunteers — caring about Spanish-language call center. the first 4ALL Day in 2008, which made important things in the world and not doing “Lawyers do good things in the commu- it the largest NCBA volunteer event in his- it for financial reward,” Black says. “I’m nity all the time for which they receive no tory. The program has since been replicated doing what I can to have at least a bit of an recognition,” Black says. “If a lawyer steals in Tennessee and two Canadian provinces. impact on the image of the profession. $10,000 from somebody’s trust account, Several other states have inquired about the Ac[[S` 2cYS:Oe;OUOhW\S !# >`]TWZSa details of the program, and Black hopes that 4ALL will become a nationwide effort. “Think what it would say to the people of the United States if lawyers banded together and provided free legal services one day a year,” Black says. “I think we have touched the heart of something important here — to demonstrate that lawyers are generous people, that we are willing to give back to the community, and that we are proud to do that.” Black credits her Christian faith with inspiring her service. “The legal profession strives for truth, justice, and integrity, and, to my mind, those are faith-based values,” she says. “I was born into a Christian family, and the older I have gotten, the more hungry I have been for a relationship with God and serving him. I continue to grow, hopefully, every day. I’m not where I want to be, but I’m certainly bet- ter than where I was.” She brings that passion for justice to her daily work as a trial lawyer, which she says provides her the opportunity to be “the voice for people who otherwise would not be able to have a level playing field in the justice system.” Black handles asbestos litigation and regu- larly deals with drug and medical device liti- gation as a principal of Ward Black Law. She says it is an honor to represent the families of people like Tammy Williams, a 27-year-old /ZSf;Q:W\¸'' nurse’s assistant and mother of two. Williams was killed in a drunk-driving accident by =dS`aSSW\Ue]`ZReWRSS_cSab`WO\a^]`b NASCAR driver Rob Moroso in the early S SECRETARY GENERAL and CEO of With a laugh, McLin calls the fact he 1990s. Twenty years later, Black remembers / the Fédération Equestre Internationale doesn’t ride a likely advantage in making it as one of her most meaningful cases. (FEI), Alex McLin oversees the governance objective decisions in an institution tradition- “I am convinced that the members of the and operations of equestrian sport across ally run by insiders and governed, at its high- legal profession are the lifeblood of a society seven disciplines in 135 countries. It’s a est levels, by European aristocrats and royals. built on the rule of law and are, in large job that requires expertise in sports law, “One typically comes to work here because numbers, wonderful community servants,” business, and management, but equestrian of interest and involvement in the sport,” he she says. “People need to know there is skills are purely optional. says of the FEI. “It’s not uncommon to find much good we do.” [ .BUUIFX5BZMPS !$ 2cYS:Oe;OUOhW\SAc[[S` “We have a big debate, for example, about the use of common non- steroidal, anti-inflammatory drugs, which are not a concern for human athletes and are not banned. But you could give a drug to a horse that would otherwise be lame and unable to compete and make it compete. That creates a welfare issue.” ´/ZSf;Q:W\ somebody who at the same time is a horse the in-house prosecutor and that of the “Integrity Unit,” something that McLin says owner and a veterinarian and a rider or an decision-making body,” which is now called is fast-becoming a “best practice” in sport. event organizer. There are so many roles the FEI’s Tribunal, he says. “Essentially “This is essentially a private, investigatory within the sport that actually dealing with the I came on board to establish a legal arm of the FEI, which will allow us to make issue of where one comes from and whose department that could act as the in-house sure we have solid evidence to go on if we interest is being represented is tricky.” prosecutor for those cases and represent the need to bring a disciplinary action,” McLin Having started his legal career at Baker & interests of the federation or international explains. It also will serve a deterrent, pre- McKenzie in New York, where he practiced sport as a whole before the Court of ventive, and educational function, he adds. litigation and international arbitration, McLin Arbitration for Sport, which is where our On other fronts, McLin has worked to returned to his native Switzerland, where cases go if they are appealed.” modernize the FEI’s governing statutes, he had previously worked for the World The use of prohibited substances by ath- implementing corporate mechanisms, such Economic Forum, in 2000. He joined CNET letes remains a challenge in equine sport as as an audit and compliance committee, to Networks as general counsel for its data- it does in others; riders and mounts again ensure checks and balances and transpar- licensing division, CNET Channel. When he were disqualified from the 2008 Beijing ency throughout its operations. He contin- was approached in 2005 and asked to look games amid allegations of doping. As a sig- ues efforts to commercialize the sport and into an opportunity to join the FEI as general natory to the World Anti-Doping Code, the the FEI brand, expanding media coverage counsel, McLin says he was quickly intrigued. FEI tests its two- and four-legged athletes of its disciplines with considerable success. “I scratched the surface and the more I in and out of competition, but concentrates Its flagship quadrennial event, the World scratched, the more it really looked interest- the bulk of its efforts on horses; for the ani- Equestrian Games, which will be held in ing in terms of everything that needed to be mals, McLin notes, the medication-control Lexington, Ky., Sept. 25 to Oct. 10 — the first done and how I could contribute to it,” he program reaches beyond cheating and into ever held in a non-European venue — has a says, explaining that the FEI is restructur- animal welfare. corporate title sponsor for the first time. ing and modernizing on a number of fronts, “We have a big debate, for example, McLin, who was raised both in the United including its governing structure, approach to about the use of common non-steroidal, States and Switzerland and has traveled commercialization and branding of the sport, anti-inflammatory drugs, which are not widely, says his job calls on all parts of his and response to the challenges posed by dop- a concern for human athletes and are not varied background, from his language skills ing and the pursuit of “clean” competition. banned,” says McLin, who became FEI and comfort in navigating different cultures Based in Lausanne, Switzerland, McLin secretary general in 2008 after serving in to his legal training, which included partici- and his staff of 60 work closely with a parallel the role on an interim basis. “But you could pation in Duke’s first summer transnational structure including committees and a board give a drug to a horse that would otherwise law program in Geneva. of international volunteers, the members be lame and unable to compete and make it “I will typically dissect an issue with a of which are elected by the FEI’s General compete. That creates a welfare issue.” legal approach, first and foremost,” he says. assembly. Together they develop and enforce Along with current FEI president “But I’ve had to learn that that is only part the rules for the disciplines of show jumping, Princess Haya Bint Al Hussein, a former of the analysis that needs to happen. I need dressage, and three-day eventing, all of which Olympic equestrienne and member of the to also make an assessment as to the politi- are Olympic sports, as well as endurance rid- International Olympic Committee, McLin cal ramifications of a given decision. ... An ing, reining, vaulting, carriage driving, and launched the federation’s “Clean Sport” ini- initiative can be sound from a commercial their corresponding para-equestrian competi- tiative to address issues of conflicts of inter- perspective and it can be sound from a legal tions. The FEI’s member federations adopt est, fair competition, and use of prohibited perspective, but if it doesn’t have the politi- and enforce the rules at the national level. substances. Recommendations from two cal support, it could be dead in the water. McLin joined the FEI in the aftermath expert commissions, one focused on doping, So it’s really about referring to all of those of doping incidents and controversy in testing, and disciplinary protocols and anoth- skills, and dialogue and diplomacy — really equestrian competition at the 2004 Athens er on integrity and anti-corruption, came speaking to people on their own terms and Olympics. “It was clear that there needed into effect this year. One significant develop- in their own language and being open to the to be a better definition of the roles of ment is the proactive formation of the FEI’s multiple points of view.” [ '1 Ac[[S` 2cYS:Oe;OUOhW\S !% >`]TWZSa BV][OaBVSYYSYO\RO[82 ;0/¸ >c`acW\Ua]QWOZU]]RW\OPcaW\SaaQO`SS` HOMAS THEKKEKANDAM developed companies. He says his interest in advocacy go with it and the more we talk about it and Ba passion for entrepreneurship during sparked his decision to pursue a dual JD explore it, the more sense it seems to make.” his undergraduate years at the University and MBA, but then his business studies at Throughout his Duke experience, of North Carolina-Chapel Hill when he Duke’s Fuqua School of Business increased Thekkekandam says he has enjoyed numer- became involved with a student club called his desire to do social good through entre- ous classes that he believes have set him on Hunger Lunch. preneurial ventures. track to achieve his career goals. Some that “The purpose of the group was to eradi- While at Duke Law, Thekkekandam stand out include Business Associations cate poverty by enlisting students to do served as vice president of the JD/MBA Club, taught by Professor Mitu Gulati, Professor entrepreneurial ventures on their college was a member of the Moot Court Board, Barak Richman’s Contracts course, and a campuses and then use the money raised to and recently reached the semi-final round series of courses offered through Fuqua’s fund sustainable development projects,” he of the Duke Start-Up Challenge, a yearlong Program for Entrepreneurs that allow stu- entrepreneurship dents to pursue a business idea from concep- competition, with tion to inception. a concept called “[The series] forces you to go through YourStory.com. the very fundamental thought processes of “The idea was what the consumer wants and what they’d to essentially cre- buy, all the way to thinking through strategy, ate the Shutterfly thinking through operations, knowing what for oral histories you had to achieve and how much money it — to create a would take to achieve that, and anticipating means for people challenges and obstacles,” he says. “I think it to record and pre- was a really holistic approach.” serve their fam- For his course project, Thekkekandam ily stories, share investigated the financial feasibility of devel- them online in a oping the infrastructure for clean energy safe environment in developing countries. “In America, the where they can energy derived from burning fossils is much restrict access, cheaper than the energy derived from wind,” B639939/<2/;E/A/A;7B6 and then pro- he says. “At the same exact cost, if you take ;=@231/7A16=:/@/B2C93:/E vide a means for wind energy to Central and South America friends and family or to Asia or even into Africa — if you can says. “When we graduated, we decided we across the country to order a recording at get the infrastructure — it is much cheaper wanted to build it into a national nonprofit.” the click of a button,” he explains. than the cost for those same consumers Through the efforts of Thekkekandam After he and his business partner, Adam burning fossils.” and other UNC alumni, Hunger Lunch has Mangone, a classmate at Fuqua, both Renewable energy is a field Thekkekan- transformed into Nourish International, a experienced the deaths of family members dam hopes to learn more about when he joins national nonprofit organization with chap- last year, Thekkekandam says they started McKinsey & Co. as a consultant early next ters at 30 universities that have invested in talking about ways to share the stories of year. “I think it’s a huge area of opportunity in 15 projects in 12 different countries. One of those individuals — both the stories the the future,” he says, adding that he sees entre- these projects, formed in partnership with individuals had told themselves and stories preneurship as a way to achieve two goals: MOCHE, Inc., in Ciudad de Dios, Peru, told about them by others — and the idea for “I’m always interested in how you can blend teamed a group of UNC Nourish students YourStory.com began to take shape. the for-profit world with a social mission. with members of the community to build a “We see this as a jumping-off point,” he “I want to make money just as much clean water system with the capacity to serve says, noting that in the future they envision as anyone else and I think it’s safe to say 5,000 people. the possibility of transcribing the oral histo- that my colleagues do, too. But I think the After his 2004 graduation, Thekkekan- ries with the use of voice-recognition software question is, ‘How can we make money in a dam worked as the co-director of a fund- or tagging the stories with key words that really conscionable way?’ Even if we’re sell- raising campaign for the Fund for Public could pull in photos or newspaper clippings ing a product for profit, is the product doing Interest Research, and then joined The Link relevant to the historical events being men- something productive for humanity?” [ Group to do market research for Fortune 500 tioned. “We think there are a lot of ways to 5BOZB8IFFMFS#FSMJOFS !& 2cYS:Oe;OUOhW\SAc[[S` Tell us what you are doing:eee ZOe RcYS SRc OZc[\W /Zc[\W<]bSa /Zc[\W<]bSa '$ :ZSeSZg\>`WbQVO`RVOa `SQSWdSRbVS/[S`WQO\ 0O`/aa]QWObW]\¸a4ObVS`4 2`W\O\/eO`R`SQ]U\WhW\U acabOW\SRO\RSfb`O]`RW\O`g Q][[Wb[S\bb]bVS/0/¸a 0OgZ]`>V]b]U`O^Vg 7\RWdWRcOZ@WUVbaO\R@Sa^]\aWPWZWbWSa aSQbW]\ :ZSe^`OQbWQSaRWd]`QSO\RTO[WZg ZOeOb6SZaSZZ4SbbS`[O\W\ASObbZS 9S\\SbVAbO``¸%! ENNETH STARR became presi- '$# dent of Baylor University in Waco, 8]V\8 @cTS`SbW`SRT`][bVS1]c`b]T 9 Texas, on June 1. 1][[]\>ZSOa]T0cQYa1]c\bg>S\\ ]\2SQ ! ' AW\QSVWa[O\ROb]`g A leading constitutional law scholar `SbW`S[S\b8]V\VOabOYS\]\aS\W]`XcRUS and appellate advocate, Starr served as OaaWU\[S\baeWbVbVSQ]c`b a judge of the U.S. Court of Appeals for the District of Columbia Circuit from '$% 1983 to 1989, and as U.S. solicitor gen- E 1V`Wab]^VS`0O``WS`O[S[PS`eWbV ;WbQVSZZEWZZWO[aASZWU5ObSaE]]RgO`R eral from 1989 to 1993 under President W\:WbbZS@]QYVOaPSS\`SQ]U\WhSROaO George H. W. Bush. He headed the ZSORS`W\bVSO`SO]T`SOZSabObSPgbVS independent counsel inquiry that led &1VO[PS`aCA/UcWRS 1V`Wa`SQS\bZg to the impeachment of President Bill OcbV]`SRbVSO`bWQZSµ4ZOU]\bVS>ZOg¶ Clinton after which he joined Kirkland OP]cb^S\OZbWSaW\`SOZSabObSb`O\aOQbW]\a O\RZWbWUObW]\W\bVS/`YO\aOa0O` & Ellis as a partner. He had served /aa]QWObW]\?cO`bS`Zg as dean of the Pepperdine University School of Law since 2004. [ '$& 0`cQS/ZSfO\RS`VOaPSS\OeO`RSRbVS 1][[c\Wbg:SORS`aVW^/eO`RPgbVS5`SObS` Ac[[S` 2cYS:Oe;OUOhW\S !' /Zc[\W<]bSa @]R\SgA[]ZZO¸%& ODNEY SMOLLA became presi- @dent of Furman University in Greenville, S.C., on June 30. A leading First Amendment scholar and appellate advocate, Smolla has taught law at Depaul University, the University of Illinois, the University of Arkansas, the University of Denver, and at the William & Mary Law School, where he also directed the Institute of Bill of Rights Law. He joined the faculty of the University of Richmond Law School in 1998 and in 2003 became dean. He was appointed dean of the Washington & Lee School of Law, where he also was Roy L. Steinheimer Jr. Professor, in 2007. 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He gently corrected 8]V\>OcZAbSdS\aQSFTJEFEPWFSUIFºOBM µ7winner in having the opportunity to me, noting that he was interested in the SPVOEPGUIF%FBO±T$VQ.PPU$PVSU argue before Justice Stevens. ‘legal’ outcome based on the arguments $PNQFUJUJPO BMPOHXJUI+VEHF1IZMMJT" “He was obviously very intelligent, but made by counsel. ,SBWJUDIPGUIF6OJUFE4UBUFT$PVSUPG"QQFBMT what struck me was his geniality and quick “It made me appreciate his fidelity to the GPSUIF&MFWFOUI$JSDVJUBOE+VEHF"SMJO. wit. We were arguing about an important law. As his long judicial tenure has shown, "EBNTPGUIF6OJUFE4UBUFT$PVSUPG"QQFBMTGPS federal pollution law that was passed in he is not a ‘results-oriented’ jurist who sees UIF5IJSE$JSDVJU2OdWRE]ZZW\¸&$ XIP the waning days of Congress and without the law as a means to imprint his own moral- XPOUIFºOBMSPVOEBMPOHXJUIIJTDMBTTNBUF any legislative history. When I suggested ity on others. "MMFO)BOFO TIBSFEUIJTNFNPSZ that it was not usual for Congress to have “On that day, no one could have predicted left the important work to the end, like the that the Supreme Court would continue to U.S. Supreme Court normally does, Justice benefit from Justice Stevens’ formidable intel- Stevens said, without missing a beat, ‘We do lect and admirable traits for another quarter our finest work under pressure.’ century, but the Court and the country are “At lunch after the argument, Justice better off as a result.” [ Stevens asked me how I thought the case should have come out. Perhaps in my %BWJE"8PMMJOJTBQBSUOFSBU"EMFS1PMMPDL naiveté, given that we were arguing about a 4IFFIBOJO1SPWJEFODF 3* XIFSFIFTQFDJBM pollution case, I suggested what the ‘moral’ J[FTJODPNQMFYDJWJMMJUJHBUJPO "& 2cYS:Oe;OUOhW\SAc[[S` 3FBE%VLF-BXKPVSOBMTBU eee ZOe RcYS SRc abcRS\ba X]c`\OZa Content is free and archived issues are available. NON-PROFIT ORG. Duke Law Magazine Duke University School of Law U.S. POSTAGE Box 90389 PAID Durham, NC 27708-0389 DURHAM, NC CHANGE SERVICE REQUESTED PERMIT NO. 60 ASS2cYS:Oe;OUOhW\S]\ZW\ST]` bVSaSO\R]bVS`ab]`WSa( «ASbbZS[S\b`SOQVSRPg3\dW`]\[S\bOZ:Oe>]ZWQg 1ZW\WQO^ZcaT]`aSObc`bZSaTWaVW\UO\RabcRS\ba «4OQcZbg4]Qca(:Oe`S\QS0OfbS`O\RBS`S\QS6g\Sa¸%' RSPObSµb]]PWUb]TOWZ¶]^bW]\a «AO`OAc\0SOZSRWaQcaaSaQ]`^]`ObSQ`W[W\OZZWOPWWbg «µ7\aWRSbVS>`]TSaa]`¸aAbcRW]¶ eWbV:WaO5`WTTW\O\R8O[Sa1]f «>`]TWZSa(AcaO\AQVSQVbS`¸' «0]]YaT]`ac[[S``SORW\UPgOZc[\We`WbS`a