DUKE LAW MAGAZINE LAW DUKE NON-PROFIT ORG. Duke Law Magazine U.S. POSTAGE Duke University School of Law Box 90389 PAID Durham, NC 27708-0389 DURHAM, NC CHANGE SERVICE REQUESTED PERMIT NO. 60 Spring 2007 | Volume 25 Number 1 Spring 2007 Also: V THE LEGACY OF olume 25 Number 1 DEAN KATHARINE T. BARTLETT 59522_CVx.indd 1 4/14/07 7:03:15 AM From the Dean Dear Alumni and Friends, This is the last official dean’s letter I write for the Duke Law Magazine. Like so many things I am doing for the last time as dean, it is with mixed feelings that I say farewell, and thank the many members of the Duke family who have supported the School, and me, through this past seven-and-a-half years. I look forward, after a year’s sabbatical in New York with my husband, Chris Schroeder, to re-starting life Duke Law School as a teacher and scholar at Duke. In this new chap- ter of my life, I will be much enriched by the many Selected Events friends I have made as dean and by the insights I have gained into organizational behavior and culture. Spring 2007 I also look forward to more time to write, garden, and become involved in various pro bono activities in the profession and in my local community. 3/20 “The Global Adjudication System” On the other hand, I know that I will miss the 1/10 “Our Undemocratic Constitution” The Hon. Charles N. Brower, Professor Sanford Levinson, privileges of this position – representing a great Iran-United States Claims Tribunal University of Texas at Austin School of Law CENTER FOR INTERNATIONAL AND COMPARATIVE LAW institution, making decisions that sometimes make a PROGRAM IN PUBLIC LAW difference to its quality, meeting extraordinary people, portive community designed to build teamwork, self- 3/30 “Copyright Liberties” 1/19 The Duke Law Leadership Experience Professor Jessica Litman, and getting credit for the successes of others. knowledge, ethical reflection, and other skills essen- DUKE BAR ASSOCIATION University of Michigan School of Law Most of all, perhaps, I will miss the sense of self- tial to building lawyers who are responsible leaders CENTER FOR THE STUDY OF THE PUBLIC DOMAIN growth that comes from being stretched beyond my and problem-solvers. He brings tremendous talents 1/26 Odious Debts and State Corruption LAW & CONTEMPORARY PROBLEMS SYMPOSIUM 4/2 “EU-U.S. Legal Conflict and Cooperation” comfort zone. This period has had much of the exhila- and ambition to help move Duke to the next level. He Professor Pieter Jan Kuijper, European Commission ration for me that I experienced as a first-year law recognizes excellence. He is committed to both the 2/9 ESQ.: Fifth Annual Business Law Symposium CENTER FOR INTERNATIONAL AND COMPARATIVE LAW student, completely blown away by the brilliant minds academic enterprise and the need for the legal acad- 2/16 “The Economics of Intellectual Property” 4/12– Confronting Terrorism Here and Abroad: I encountered and the challenges of a new form of emy to connect with the profession. He understands Professor Joseph Stiglitz, Columbia University 4/13 Which Way Forward? analytical thinking. Every personnel crisis or system people, and he is capable of communicating Duke’s MEREDITH AND KIP FREY LECTURE IN INTELLECTUAL PROPERTY CENTER FOR LAW, ETHICS AND NATIONAL SECURITY, PROGRAM IN PUBLIC LAW, AND CENTER FOR INTERNATIONAL AND COMPARATIVE LAW collapse in this deanship was, for me, an opportunity quality to all of its various constituencies. 2/23 Sixth Annual “Hot Topics” in to grow in judgment, confidence, respect and admira- One of the things we try to teach our students Intellectual Property Law Symposium 4/13- Reunion 2007 tion for others, and humility. about leadership is how to trust others and let go. 2006 Patent Law Decisions and Video 4/14 and Movie File Sharing I believe that Duke Law School is in a good place. Letting go will not be easy for me. I have come to love 4/28 “The Role of Information in Law and Economics” We have been made stronger by the many new faculty and identify with this Law School in more ways than I 3/2 “The Right’s Reasons: Constitutional Conflict and the TRIANGLE LAW AND ECONOMICS CONFERENCE and staff we have hired over this period, the clinics can possibly enumerate. But the time is right, for me Spread of Woman-Protected Antiabortion Argument” Professor Reva Siegel, Yale University 5/12 Law School Hooding Ceremony we have opened, the interdisciplinary centers and and for the Law School, for new leadership. Thank you BRAINERD CURRIE MEMORIAL LECTURE Speaker: Charlie Rose ’68 programs we have established, the new professor- all for this great opportunity, for all of your support ships and scholarships we have created, and the over the years, and for helping Dean Levi to make this facilities we have built and renovated – all of these place even better in the years ahead. accomplishments the result of committed faculty, alumni, staff, and students. Sincerely, The School is certainly in good hands. Judge David Levi was drawn to Duke Law School because of its unique ability to offer a legal education as rigorous Katharine T. Bartlett as that of any other law school, yet within a sup- Dean and A. Kenneth Pye Professor of Law 59522_CVx2.indd 2 4/17/07 3:37:29 PM FEATURES Spring 2007 | Volume 25 Number 1 DEAN Katharine T. Bartlett DIRECTOR OF COMMUNICATIONS Kiersten Murnane EDITOR Frances Presma ASSOCIATE EDITOR Janse Haywood CONTRIBUTING WRITERS Frances Presma Tricia Horatio She Paula Edelson All Thomas Metzloff raised Tia Barnes rise Meet Judge FACULTY NOTES EDITOR the bar Melanie Dunshee David Levi, Katharine Bartlett the Law School’s leaves a strong CLASS NOTES EDITOR Terry Banfi ch new dean legacy ART DIRECTION 12 22 Marc Harkness COVER/FEATURE ILLUSTRATION Marc Harkness PHOTOGRAPHY Don Hamerman Les Todd Frances Presma Greg Plachta Megan Morr Jon Gardiner Jerome Reichman Pai Worata Klinsawat Mark Dolejs Working to bring medicines to the world’s poor Angus Lamond Butch Usery 32 DEPARTMENTS 6 11 From the Dean 02 News Briefs Faculty News 32 Faculty Focus 36 Faculty Notes Duke Law Magazine is published under the 50 auspices of the Office of the Dean, Profiles Duke University Law School, Science Drive 45 Peter Kahn ’76 and Towerview Road, Durham, NC 27708 47 Robert Moskowitz ’77 49 Rob Harrington ’87 50 Mark Califano ’88 52 Cheryl Scarboro ’89 53 Amy Pope ’01 52 54 Chris Murray ’07 55 Around the Law School 58 60 Alumni Notes 74 In Memoriam 1 59522_01-11_PerBndx2.indd 1 4/17/07 2:23:38 PM News Briefs Program in Public Law Presidential signing statements: White House veterans look at quality, not quantity HE PROGRAM IN PUBLIC LAW All veterans of the White House Office on the use of torture, which suggested Theld a lunchtime panel discussion of Legal Counsel (OLC), the panelists that a categorical statutory ban on tor- on presidential signing statements Aug. agreed that issuing signing statements, ture and other aggressive interrogation 21, featuring Professor Eric Posner of even with great frequency, is a sound practices would be unconstitutional if it the University of Chicago Law School, institutional practice. “It’s a substantive prohibited the president from directing Professor Trevor Morrison of Cornell question, not a question about numbers their use in his capacity as commander Law School, and Duke’s Douglas B. or quantity,” said Posner. “You actually in chief. Maggs Professor of Law Walter Dellinger. have to do the hard work of reading the Dellinger, who headed the OLC Moderator Curtis Bradley, Richard and signing statements, the OLC memo- under President Clinton and whose Marcy Horvitz Professor of Law, opened randa, his speeches and those of his memoranda relating to signing state- the event by outlining the history of and ments and the president’s authority to recent controversy surrounding signing “ It’s a substantive question, interpret the Constitution are widely statements, which presidents have long not a question about numbers cited in the current debate, said presi- issued when they sign bills into law. dents have clear authority to decline to While often simple statements of politi- or quantity. You actually have execute statutes that, in the president’s cal rhetoric, signing statements also are to do the hard work of reading view, are unconstitutional. However, he used to assert presidential positions or the signing statements, the said that the current administration has concerns about the meaning or constitu- gone “profoundly wrong” by asserting, in tionality of the legislation being signed, in OLC memoranda, his speeches some signing statements, a presidential order to guide executive branch action or and those of his predecessors, authority to refuse to comply with acts of to influence courts in the event of future to try to figure out whether his Congress that are clearly constitutional statutory challenges, Bradley explained. in their constraints. A statement President Bush issued in views of the Constitution are “They have done so by conflating a December 2005 upon signing the Detainee right or not.” phrase, ‘inherent authority of the presi- Treatment Act attracted opposition with Professor Eric Posner dent,’ which has two different mean- its declaration that that he would construe ings in two different settings,” said the Act’s prohibition on the maltreatment predecessors, to try to figure out whether Dellinger. The president has “sweeping” of prisoners “‘in a manner consistent his views of the Constitution are right or authority to act when Congress has with the constitutional authority of the not.” While all modern presidents have been silent and there is no legislation president to supervise the unitary executive asserted strong views about presidential restricting the president’s abilities, he branch as commander in chief,’” Bradley powers in their statements, “the underly- argued, but the administration is wrong said.