Duke Law School From the Dean Selected Events Spring 2005 To alumni and friends, I am truly thrilled to send you this issue of Duke Law A P R I L Magazine, which features our extraordinary, and J A N UA RY growing, strength in legal issues relating to national security, foreign affairs, and global terrorism. Duke is 31 1 uniquely positioned to generate the high level of Great Lives in the Law Fourth Annual Hot Topics in Intellectual Property academic and policy programming on national security The Honorable Ruth Bader Ginsburg, Law Symposium law described in this issue, given faculty experts Scott Associate Justice of the United States Sponsored by the Intellectual Property and Cyberlaw Society Silliman, Jeff Powell, Sara Beale, Erwin Chemerinsky, Chris Schroeder, Walter Dellinger, Robinson Everett, Sponsored by the Program in Public Law Donald Horowitz, Madeline Morris, Neil Siegel, Jed 7-8 Purdy, and—in a few months—Curt Bradley. Strategies for the War on Terrorism: Taking Stock In addition to our faculty scholars, Duke’s strength F E B R UA RY Sponsored by the Center on Law, Ethics and National in national security law is mirrored in the impressive Security and the Program in Public Law activities of a number of our graduates, who are pioneering a field of practice that hardly existed at the 4 time most of them attended the Law School. Some of Meeting the Threat: A Symposium on Counter-Terrorism Sponsored by the Program in Public Law 15-17 them share their experiences in this issue. We know Reunion Weekend there are many other graduates involved in various Duke Law School welcomes back alumni and friends aspects of this general area; please let us know more about your work in these fields so that we may 11 accurately track your activities. Business Law Society Career Symposium “Esq.” As this issue describes, Duke Law School also has Co-sponsored by the Office of Career Services M AY the envelope of possibilities for the kind of partnerships become a magnet for experts from other institutions out of which the strong community that has been the on national security issues. Guest speakers for the hallmark of a Duke Law School education is built. Some fall 2004 semester included, among others, 9/11 22 14 of these collaborations present particularly good Law School Hooding Ceremony Commissioner Jamie Gorelick; Air Force Colonel The Prosecution of War Criminals: Principle, Politics and Problems opportunities for students to work on real cases and Keynote: The Honorable J. Harvie Wilkinson III, former Will Gunn; Georgetown Law Professor Neal Katyal; Daniel Saxon, Prosecutor, International Criminal Tribunal for prepare for the kind of problem-solving tasks that A.C.L.U. President Nadine Strossen; and a host of the Former Yugoslavia Chief Judge of the United States Court of Appeals for the lawyers perform. Opportunities are especially rich in authorities who participated in the Program in Public Fourth Circuit areas of public interest law in which our faculty and Law’s conference on Interrogation, Detention, and the alumni are most active. Powers of the Executive, including Vicki Jackson, John 25 While the building is abuzz with intellectual and Harrison, John McGinnis, Nina Pillard, Dawn Johnsen, The Effect of the Internet on Agency Decision-making 15 service activity, it continues to undergo significant David Barron, Marty Lederman, and Randy Moss. Duke Law Journal 35th Annual Administrative Law Conference Duke University Commencement Exercises physical changes. To keep up with the latest Already this spring, a student-intitiated conference Keynote: Ricardo Lagos, President of Chile, Duke Ph.D. ’66 construction developments, which include a new brought together top prosecutors and government front façade on Science Drive, renovated classrooms, officials on the front lines of prosecuting terrorism, and a new 30,000 square-foot addition, please MARCH including Department of Homeland Security Assistant check our website at www.law.duke.edu, or come Secretaries David Stone (TSA) and Michael Garcia see us in person. If this is a reunion year for you, April (ICE). In March, Duke Law School hosts the second 15–17 would be a particularly good time for you to 3 Check out more Fall 2004 events at annual training conference for federal judges on Rabbi Seymour Siegel Memorial Lecture in Ethics return. In addition to seeing your classmates and our http://www.law.duke.edu/webcast national security and terrorism, under the auspices William Simon, Arthur Levitt Professor of Law, Columbia changing facilities, you will have the opportunity to of the Federal Judicial Center. In April, Duke’s Center attend an alumni-rich panel on hot topics in sports Law School Constitutional Law: Is Doctrine Possible? on Law, Ethics and National Security will be hosting law, and participate in an exciting high-tech pilot Debate features Harvard Professor Charles Fried and its eighth annual conference, this one examining video project designed by Professor Tom Metzloff Duke Law Professor Walter Dellinger strategies for the war on terrorism, featuring for teaching U.S. Supreme Court cases (for CLE 4 (September 16, 2004) Ambassador Thomas E. McNamara and retired Major Public Interest Law Foundation Auction and Gala credit!). If you have missed notice of your reunion, the General John D. Altenburg, the Appointing Authority Sponsored by the Duke Public Interest Law Foundation website is also a good source of information at http: Innocent, Yet Being Sentenced to Death: for U.S. Military Commissions, in addition to Duke’s //www.law.duke.edu/alumni/reunion/. Please stay in own national security experts. Kurt Bloodworth, the first DNA exonoree, tells his story touch with us, and tell us about the news in your life. This Magazine includes a great deal of information 7 (September 23, 2004) about other academic and community developments at His Excellency, Daniel Ayalon, Israel’s Ambassador to the U.S. Sincerely, the Law School. Faculty-student, student-alumni, and SEC Commissioner Roel Campos talks to Duke Law Sponsored by the Program in Public Law faculty-alumni collaborations are critical components of students (September 30, 2004) the Duke Law experience. Whether it is student research for appellate briefs being prepared by 16-18 A Conversation with A.C.L.U. President Nadine Strossen faculty, unique student-initiated seminars, student- Directors’ Education Institute, Duke Global Capital Markets Center Katharine T. Bartlett, Dean and (September 30, 2004) organized conferences, or special academic research A. Kenneth Pye Professor of Law projects, faculty and students at Duke continue to push 24 RFID: Holy Grail of Economic Efficiency or Big Brother’s Meredith and Kip Frey Lecture in Intellectual Property Little Helper? Benjamin S. Hayes of Kilpatrick Lockhart Pamela Samuelson, Professor, School of Informational introduces the emerging technology of radio frequency Management Systems and School of Law, University of California identification (October 5, 2004) at Berkeley, Co-Director, Berkeley Center for Law and Technology FEATURE S Spring 2005 | Volume 23 Number 1 DEAN Altered Terrains Katharine T. Bartlett Duke Law brings experience and insight to the legal dilemmas raised by the war on terror DIRECTOR OF COMMUNICATIONS Diana Nelson 18 EDITOR Frances Presma ASSOCIATE EDITOR Janse C. Haywood CONTRIBUTING WRITERS Frances Presma Diana Nelson Great Collaborations Jane Wettach/Luke Lantta Students partner with faculty and Andrew Foster alumni to undertake legal projects FACULTY NOTES EDITOR Melanie Dunshee 44 CLASS NOTES EDITOR Jean Brooks ART DIRECTOR Marc Harkness/Capstrat PRODUCTION ARTIST Graham McKinney On the Docket Supreme Court advocacy ILLUSTRATION Todd Coats and education at Duke Law John W. Golden Marc Harkness 52 DEPARTMENTS PHOTOGRAPHY 5 Marc Harkness From the Dean Frances Presma Alex Maness 02 News Briefs Helene Ducros 73 Faculty News Shanda King 58 Faculty Focus Diana Nelson 62 Faculty Notes Melissa Richey 71 15 Allison Ridder 70 Around the Law School John Spencer Profiles 74 David McKean ’86 75 Luke Lantta ’04 Alumni News 76 Alumni Notes 82 In Memoriam 83 Leadership Weekend Duke Law Magazine is published under the auspices of the Office of the Dean, 84 Sua Sponte Duke University Law School, Science Drive 74 72 and Towerview Road, Durham, NC 27708 78 58 {News Briefs in Washington D.C., and a former general counsel to the Department of Energy, as well as a senior lecturer at Duke Law School. “Access to energy is the number one indicator on the U.N. Human Development Index—it best measures the quality of people’s lives, day-to-day. On the other hand, access to energy usually carries with it environ- mental insult—from mining and refin- ing, to transportation, to generation, to waste disposal.” Three panel discussions, which focused on traditional energy sources, emerging issues, and the future of energy, respectively, frequently provoked lively discussion. Professor Richard J. Pierce, Jr. of the George Washington University Law School, addressing the clash between national and state regula- tory goals and powers, called “ludicrous” the prevailing 1930s-era statutes that confer to states and localities the power over such things as siting transmission lines and approving liquid natural gas (LNG) terminals. “In the 1930s, energy was almost exclusively local—production, transmis- sion, and consumption pretty well took place within a single state. Turning on Environmental regulation, the lights [in Durham] today affects Provincetown and Akron, as much as energy, and market entry Greensboro,” he pointed out, referring to vast, interstate power grids. “States DELPF SYMPOSIUM LOOKS AT PRESENT AND FUTURE CHALLENGES and localities have far too much power to affect energy policy goals. In every case, cholars, practitioners, and policy makers from across the energy and environmen- we need to reduce state power and give S tal spectrum gathered at Duke Law School on November 19 to discuss issues at the federal regulators the power to regulate intersection of environmental regulation, energy, and economics.