DUKE LAW MAGAZINE MAGAZINE LAW DUKE Fall 2006 | Volume 24 Number 2 F all 2006 Educating Artists V olume 24 Number 2 Also: Duke Faculty on the Hill From the Dean Dear Alumni and Friends, University’s Algernon Sydney Sullivan Medal, awarded annually for outstanding commitment to service. This summer, four Duke law faculty members were Graduates Candace Carroll ’74 and Len Simon ’73 called to testify before Congressional committees. have used their talents and resources in support Professor Neil Vidmar appeared before the Senate of civil liberties, women’s rights, and public inter- Committee on Health, Education, Labor and Pensions, est causes; their recent leadership gift to Duke’s to address legislation on medical malpractice suits. Financial Aid Initiative helps Duke continue to attract Professor Madeline Morris testified before the Senate the best students, regardless of their ability to pay, Foreign Relations Committee regarding ratification of and gives them greater flexibility to pursue public the U.S.–U.K. extradition treaty. Professor James Cox interest careers. Other alumni profiled in this issue offered his views on proposed reforms for the conduct who are using their Duke Law education to make a of securities class action litigation to the House difference include Judge Curtis Collier ’74, Chris Kay Committee on Financial Services Subcommittee ’78, Michael Dockterman ’78, Andrea Nelson Meigs on Capital Markets, Insurance, and Government ’94, and Judge Gerald Tjoflat ’57. Sponsored Enterprises. Professor Scott Silliman, I want to thank all alumni, friends, and faculty executive director of the Center on Law, Ethics and who contributed so generously to the Law School in National Security, was on Capitol Hill three times in the past year. The Annual Fund alone set a record, as many weeks, testifying before the Senate Judiciary raising $2.156 million in unrestricted funds that and Armed Services Committees, and meeting with benefit every endeavor at Duke Law School. The members of the House Armed Services Committees, Class of 2006, aided with matching funds from as lawmakers consider the implications of Hamdan faculty and alumni donors, raised $269,812 to v. Rumsfeld and the future of military commissions. support the Annual Fund, the loan repayment These are just a few examples of Duke faculty schol- assistance endowment, and a special speak- ars who are using their expertise to help find answers ers’ fund. The Low-income Taxpayer Clinic had to real world problems. a successful inaugural semester and is ready to This issue of Duke Law Magazine describes two welcome its second class, thanks to a significant Update on Dean Search more. With their comic book Bound by Law? Tales donation from Dewey Ballantine LLP, facilitated by UKE PROVOST Peter Lange has tapped from the Public Domain, Professor James Boyle and partner Tom Giegerich ’80. And our “Buy a Brick” DBrainerd Currie Professor of Law James Jennifer Jenkins ’97, director of the Center for the and building campaigns raised essential funds Cox to head the search for the replacement Study of the Public Domain, inform artists about towards the final stage of our building renovation for Dean Katharine Bartlett, who is stepping issues at the intersection of copyright law and and expansion projects, as we move ever closer to down July 1, 2007, after seven-and-a-half documentary filmmaking, and facilitate artists’ having the very best law school facility in the coun- years of a deanship that has been transfor- engagement with the development of copyright law try. Again, thank you all for your generous support. mative for Duke Law School. Search commit- and policy. Professor Mitu Gulati, who joined the As I enter my last year as dean, I look forward to tee members include Peter Kahn ’76, chair- faculty in July and who is profiled in this issue, even more exciting developments at the Law School, man of the Law School’s Board of Visitors, also pursues top-level scholarship that has enor- as we continue to add top faculty, recruit great stu- Charles. L. B. Lowndes Professor of Law Sara mous societal significance in such diverse areas dents, and cultivate a community where intellectual Sun Beale, Professor of the Practice of Law as international sovereign debt – most recently challenge and leadership thrive. James E. Coleman, Jr., Associate Professor “odious debt” incurred by tyrannical regimes As always, I hope you will stay in touch with us of Law Barak Richman, William R. Kenan – and employment discrimination. through visits, engaging with our conferences and Professor of English Karla F. C. Holloway MLS Duke law scholars are involved in environmental events through webcasts and CLE programming, and ’05, and Joseph J. Ruvane, Jr., Professor of health policy to assist vulnerable populations, mak- sharing your news through our Class Notes. Thank Management and Marketing and Professor of ing HIV/AIDS medications accessible in the Third you for your continuing support. Psychology John Payne. World, anti-terrorism policy, mandatory arbitration “The seven committee members have worked clauses, and countless other issues of importance Sincerely, individually through the summer, networking to real people. Knowledge in the service of society is to identify a large, diverse pool of candidates,” truly a hallmark of Duke Law School. says Cox. “As part of this quest, each alum Our students and alumni continue to serve and was contacted by the committee seeking input achieve in remarkable ways. In May, Zachary McNish Katharine T. Bartlett on candidates for the deanship. We have just ’06 became the first law student to win Duke Dean and A. Kenneth Pye Professor of Law begun the task of winnowing the list, and I am extremely optimistic. Kate is leaving the Law School in a great position to attract another gifted and dedicated dean. I feel we’re right on track to do that, and to meet the end-of-the- year deadline established by the provost.” FEATURES Fall 2006 | Volume 24 Number 2 DEAN Bound by Law? Katharine T. Bartlett Legal comic guides fi lmmakers through copyright and fair use DIRECTOR OF COMMUNICATIONS Kiersten Murnane 14 EDITOR Frances Presma ASSOCIATE EDITORS Janse Haywood Kathryn Bradley CONTRIBUTING WRITERS Frances Presma Tricia Horatio Mitu Gulati Bridget Booher Tia Barnes Versatile scholar joins Duke law faculty Geoffrey Mock Rony Camille 20 FACULTY NOTES EDITOR Melanie Dunshee CLASS NOTES EDITOR Terry Banfi ch The Hon. Gerald ART DIRECTION Marc Harkness Tjofl at ’57 A tribute to a jurist who facilitated COVER/FEATURE ILLUSTRATION Keith Aoki Florida school desegregation PHOTOGRAPHY 47 Dan Hamerman Les Todd 57 DEPARTMENTS Alex Maness From the Dean Frances Presma Greg Plachta 02 News Briefs 2 Faculty News 20 Faculty Focus 27 Faculty Notes 22 44 Profiles 37 Len Simon ’73 and Candace Carroll ’74 40 The Hon. Curtis Collier ’74 41 Chris Kay ’78 42 Michael Dockterman ’78 44 Andrea Nelson Meigs ’94 45 Zachary McNish ’06 Duke Law Magazine is published under the 46 Brettny Hardy ’07 auspices of the Office of the Dean, Duke University Law School, Science Drive and Towerview Road, Durham, NC 27708 50 Around the Law School 42 51 56 Alumni Notes 67 In Memoriam 52 46 Fall 2005 • Duke Law Magazine 1 News Briefs Great Lives in the Law Linda Greenhouse reports on the people behind the Supreme Court ARRY BLACKMUN never wanted to Hbe the signature legal advocate for abortion rights. He was supposed to be a “law and order” conservative, rising to the Supreme Court through the support of childhood friend Warren Burger and vetted by then Assistant Attorney General William Rehnquist. But careers in law take strange turns, and New York Times’ Supreme Court report- er Linda Greenhouse said Blackmun was willing to follow where history took him. “It’s my thesis that it was the assignment to write the Roe v. Wade decision, and his response to the public’s response to the decision, that made Blackmun’s legacy,” said Greenhouse, author of Becoming Justice Blackmun, a new biography of the late Supreme Court justice. “The decision was unusually attached to him personally,” Greenhouse told a capacity audience at Duke Law School on February 13. “He received hate mail in the tens of thousands, threatening him. On the other side, he suddenly was made a hero of abor- tion rights and of a women’s rights move- ment to which he had never signed up.” Greenhouse, a Pulitzer-Prize winning journalist who has covered the Supreme Court for The New York Times since 1978, said Blackmun’s journey is an example of the human dimension of the Court, a dimension that is rarely seen in public but underlies much of its workings and influ- ence. She spoke at a session on “Great Lives in the Law,” a public forum sponsored by the Law School’s Program in Public Law to explore human achievements in law. “When Blackmun wrote Roe v. Wade, he viewed the case as an issue of the legal right of doctors to practice medicine in the best interest of their patients without having to go to jail,” Greenhouse said. “He didn’t es Todd LINDA GREENHOUSE expect the decision to be so attached to him. L 2 Duke Law Magazine • Fall 2006 News Briefs “ When Blackmun wrote Roe v. Wade, he viewed the case as an issue of the legal right of doctors to practice medicine in the best interest of their patients without having to go to jail. He didn’t expect the decision to be so attached to him.” Linda Greenhouse, New York Times Supreme Court reporter He resisted this at first. It was a 7–2 deci- able,” Greenhouse recalled. “This was a sion, and he saw it as a collective effort.