REmix robBery? or Tw Suummm preseo erer 2 co 01017 | nt thepyright sch Voluume as a 36 Nu n epic battlehist mbmbere creativity o olars 1 ry o y and e betweenf music control AlsoAlso inin thisthis iisSuesSue Nota Bene: Selected scholarship from Duke Law faculty From the Dean Dear Friends: UR FACULTY AND STUDENTS know that some of the same possibilities are explored in somewhat Oexcellence in the legal profession depends different contexts. Last year I asked Associate Clinical both on depth of experience and the continued Professor Jeff Ward ’09, who has served as director acquisition of new knowledge and skills. In addi- of our Start-Up Ventures Clinic since 2013, to take an tion to mastery of the basic analytic skills, legal in-depth look at how we are doing in the law tech field writing, and professionalism, the faculty attempts and what more we need to do. The result is a range of to imbue our students with a willingness and abil- initiatives described in these pages, including the estab- ity to learn new areas of law and to adapt to and lishment of a new Center on Law & Technology. benefit from changes to law practice. For some, This is not new territory for Duke Law School. We change is surely coming. It would be startling if have long had one of the strongest intellectual proper- law practice 25 years from now were the same as ty faculties in the country, as well as a library that led law practice today. One can either resist or attempt the transition to the digital era of legal research and We are preparing to shape and take advantage of the dynamism in scholarship under the leadership of Dick Danner (see students not just the legal economy. Change and the need to learn page 27). Our LLM in Law and Entrepreneurship has new practice areas and skills are what can make readied scores of lawyers to go to work in the innova- for a career that the law such a satisfying and exciting career, even tion economy, and with the Start-Up Ventures Clinic, starts the day if the prospect takes us a bit out of our comfort has enmeshed itself in the technology community in zone and routine. Durham and the Research Triangle. We have taken the they graduate, The arrival of potentially disruptive new technol- lead in educating the bench and the bar about e-discov- but also for a ogies in the practice of law is described in one of our ery through the acquisition last year of EDRM, and we feature articles in this issue (see page 58). Already have on the drawing board plans to broaden our offer- practice that will we are seeing major law firms use artificial intelli- ings and expertise in cybersecurity, an area of much-in- span decades gence to do jobs that previously went to associates creased importance. and paralegals, such as document review and con- Innovation, technology, and new ways of practic- into the future. tract drafting. Whether this development ultimately ing law are all very promising, particularly here in the benefits the legal profession as a whole is not clear. Research Triangle, one of the great concentrations of Our hope is that our graduates, who are among the innovation, especially in the medical field. But these most creative and thoughtful in the legal profession, changes, exciting and awesome as they may be, are only will welcome the assistance of machines to handle as good as the minds that direct them to certain ends. the routine tasks at less cost to their clients. But the The timeless debates over values and purposes in the power of this market force seems undeniable what- study and practice of law remain central. ever the outcome in costs and benefits. Access to justice by those who cannot afford civil Shortly before this issue of Duke Law Magazine went to legal services may be significantly advanced by new press, I announced that I will step down as dean of Duke technologies that are interactive, intuitive, and avail- Law School on June 30, 2018 (see page 2). By then, I will able on a smartphone. Access to justice is one of the have been your dean for 11 years, which is a long time for great challenges for our profession, and it is exciting any dean! to see the possibilities that technology may offer, in It has been a great privilege to lead the Law School, addition to pro bono efforts and legal aid offices. but an even greater privilege has been the opportunity to Duke Law is becoming one of the leaders in the meet and work with you, Duke Law’s amazing alumni. “law tech” space. We believe that we have an obli- We have something very special here at Duke Law in our gation to our students to understand the ongoing dedicated faculty and staff, and you recognize and appre- impact of technology on the legal profession and ciate this. As I embark on a busy final year as dean, I am ensure they are ready to meet both the challenges grateful for your continued friendship and support, and I and opportunities it is creating. We are preparing look forward to expressing my thanks to you in person. students not just for a career that starts the day Best wishes for a wonderful summer. they graduate, but also for a practice that will span decades into the future. We began looking at law tech a few years ago. There is interest and enthusi- asm in our faculty and also in other Duke faculties, David F . Levi such as computer science and engineering, where Dean and Professor of Law Summer 2017 Volume 36 Number 1 REmix or DEAN David F. Levi robBery? EXECUTIVE DIRECTOR OF COMMUNICATIONS Andrew Park Two copyright scholars present the history of music EDITOR Frances Presma as an epic battle between creativity and control page CONTRIBUTING WRITERS Rachel Flores Valerie Marino Forrest Norman 46 Andrew Park Frances Presma Caitlin Wheeler ’97 page PHOTOGRAPHY Courtney Davis Rachel Flores 58 Jon Gardiner Chris Hildreth Innovation John Joyner Jared Lazarus Megan Mendenhall incubator: Kevin Seifert Les Todd Duke Law stakes out Jim Wallace a leadership role ART DIRECTION & DESIGN in law and technology Marc Harkness WEB PRODUCTION Miguel Bordo Jennifer Carpenter Nota Courtney Davis Rachel Flores Madeeha Khan Bene Michael Wright Selected ALUMNI NOTES EDITOR 27 66 scholarship Janse Haywood from Duke Law faculty Duke Law Magazine is published under the auspices of the Office of the Dean, Duke University Law School, 210 Science Drive, Box 90362, Durham, NC 27708 3 29 Dean’s Message 64 The Commons 2 This publication was produced using paper which supports Faculty Focus 18 Duke’s commitment to sustaining our Profiles 64 environment. Alumni Notes 72 In Memoriam 79 64 Sua Sponte 80 19 Ideas, achievements, and events The Commons from around Duke Law School Levi to step down as dean of Duke Law School in 2018 AVID F. LEVI, THE 14TH DEAN of Duke Levi, who became dean in 2007, has presided over DLaw School, will step down in June 2018, he major expansions of faculty, research, academic pro- announced in a letter to alumni and friends on grams, and fundraising at Duke Law. He also guided June 6. the Law School through a turbulent period in the “I thank my lucky stars and President Brodhead legal economy and legal education resulting from the for giving me the opportunity to be dean of Duke global financial crisis and subsequent recession. Law,” said Levi. “We have something very special Levi has taught courses on judicial behavior, here in the culture of the place. I am proud of what legal history, and reforming the civil justice we have accomplished in the past 10 years and what system in North Carolina. He is a fellow of the we are poised to accomplish in the years to come. I American Academy of Arts and Sciences, co-au- am also filled with a sense of gratitude to our won- thor of Federal Trial Objections and Federal Civil derful faculty, staff, students, and alumni.” Procedure Manual, and recently served as chair Duke University Provost Sally Kornbluth praised of the American Bar Association’s Standing Levi for his leadership of Duke Law. Committee on the American Judicial System and “David has been a wonderful colleague in every co-chair of the North Carolina Commission on way: innovative, creative, smart, and a pleasure to the Administration of Law and Justice. work with,” Kornbluth said. “He has led the Law Levi is also a member of the American Law School brilliantly and has set the stage for the con- Institute, the nation’s leading law improvement orga- tinued success of a great school.” nization, and became its president on May 24. d 2 Duke Law Magazine • Summer 2017 Among Levi’s chief accomplishments Pro bono project leads during his tenure as dean: to commutations for » raising $123.2 million (as of June 6, 2017) from donors during the seven-year Duke Forward low-level drug offenders campaign, the largest in the Law School’s history, TEAM OF DUKE LAW STUDENTS, faculty, and staff recently including 12 new endowed chairs and 69 new helped three federal inmates gain commutations of their endowed financial aid funds; A lengthy sentences for low-level, non-violent drug offenses. » enlarging Duke Law’s renowned faculty by hiring Beginning in the spring 2016 semester, the volunteers researched exceptional scholars and teachers in constitutional, the eligibility of seven inmates for commutations under former corporate, criminal, environmental, health care, and President Barack Obama’s Clemency Initiative, which prioritized international law, empirical studies, law and economics, applications from inmates who met specific criteria.