Duke Law Magazine DEAN EDITOR ASSOCIATE EDITOR DESIGN CONSULTATION Pamela B. Gann Evelyn M. Pursley Janse Conover Haywood Cassell Design Group, Inc. CONTENTS From the Dean .. .. 1 FOR U M Remembering the Bible Teacher: . .. ....... .... 4 An Essay on Prayer and the Constitution/ Walter E. Dellinger, III Encouraging Public Service/Pamela B. Gann. .7 Freedom of Expression: Who Decides What . 10 is to be Published?/ David L. Lange ABOUT THE SCHOOL New Faces at the Law School. ... 14 Volunteer Pro Bono Project Established... ......... .. 15 Making Public Interest Work Possible.. 16 Black Law Students Association "Adopts".. 18 Housing Project THE DOCKET Alumnus Profile: Paul Hardin, III '54.. .... 20 Blue Devil in T arheel Cowmy Faculty Profile: Paul H. Haagen ........ 23 Forging Ahead Book Review: Critical Issues in Business Conduct: ... 25 Legal, Ethical and Social Challenges for the 1990s by Walter W. Manley, II '72 Specially Noted . 27 Aboullhe Cover Alumni Activities ....... .. 34 The cover features a photograph of a piece Upcoming Events . 44 from the Law School's collection of legal art entitled "A Flaw in the Title." It was etched by R. Wallace Hester and painted by W . Dendy Sadler. Dan Crawford of Chapel Hili took the Duke Law Magazine is published under the auspices of the copy photograph. Office of the Dean, Duke Universi<y School of Law, Durham, North Carolina 27706 © Duke Universi<y 1992 VOLUME 10. NO.1 From the Dean Building Addition and Renovation of a national, The Law School is nearly ready private law to begin the construction of its school. You can $14.5 million building addition and be justifiably renovation project. The construc­ proud of your tion documents are completed and contributions ready to be circulated for bidding. during the Cam­ We are awaiting the University paign and the Board ofTrustees' final approval of increased level the project financing before pro­ of fund raising ceeding to the bidding and contract­ achieved by the ing stages. At this time, the Law School. We look School still needs about $500,000 forward to the in commitments from its alumni celebration of and friends to complete the financ­ the Campaign's ing of the project. success and the beginning of our The Campaign for Duke building con- The three and one-half year Dean Pamela Gann struction at The University-wide Campaign for Duke Barristers Week­ ended on December 31, 1991. Pre­ paign as soon as we have finished the end on April 10-11, 1992, and at liminary figures indicate that the paperwork and record keeping for the fall Alumni Weekend on Sep­ University surpassed its $400 mil­ the Campaign. tember 18-19, 1992. lion goal by raising over $500 mil­ This successful Campaign is a lion. The Law School's total Cam­ significant event for the Law School. Student Affairs paign goal of$12.5 million was met First, it contributed the necessary New Dean of Student Affairs earlier in 1991. Our preliminary funds for the Law School to finance and New Director ofAdmissions. figures for the Law School's compo­ a large addition to its present build­ Beginning in January 1992, two nent of the Campaign are shown in ing. Second, and just as important, new administrators joined the Law the box below. the Campaign has increased the School. Susan M. Sockwell is our I will provide you a complete understanding of our alumni and new Associate Dean for Student report on the Law School's Cam- friends of the financial requirements Affairs. She joins us from Emory University Law School, where she CAMPAIGN FOR DUKE GOAL (IN MILLIONS) FUNDS RAISED has been assistant dean and adjunct (preliminary figures) professor since 1986. She also served Annual Fund $1 .5 $1 ,884,000 Emory as director of student affairs Research and Program Support No goal $1,758,000 for two years, and coached their Building Program $8.0 $7,973,000 national championship moot court Endowment $3.0 $2,437,000 team. Elizabeth Johnson Gustafson, a 1986 graduate of Duke Law Total $12.5 $14,052,000 School, is our new Director of 2 DUKE LAW MAGAZINE Admissions. She has practiced intel­ risk associated with attending law were made to increase the likelihood lectual property law at Dow, Lohnes school. Second, a new form of the of accomplishing the two primary & Albertson in Washington, D.C. LSAT test was given for 1992, and goals of the program. The first goal since 1987. the number of high scores on the is to enable graduates to select their Susan Sockwell replaces Associ­ test is noticeably lower. It is specu­ employment without the preclusion ate Dean Gwynn T Swinson, who lated that because of the lower of options due to substantial student has taken a leave of absence from the scores, pre-law advisors may be steer­ loans. The second goal is to encour­ University for 1991-92, to spend the ing more applicants to slightly less age Duke law graduates to choose year in Japan with her family. (See competitive law schools, without public interest careers. The faculty more detailed story on our new fully appreciating that nearly all of recognizes that the legal profession administrators on p. 14.) the top law schools will inevitably has a responsibility to provide public Admissions. For the fifth year, enroll students yielding lower me­ service, and student indebtedness the number of applications to the dian scores for the 1992 entering should not prevent the graduates Law School increased, although the class. of the most expensive private law increase for the class entering in the Placement. The decline in the schools in the country from careers fall of 1991 was only slightly higher number oflawyers being hired by in government and public interest than that of the previous year. From large law firms has impacted our employment. (I discuss further these an applicant pool of 4,345, 195 stu­ placement services, primarily in two issues in Encouraging Public Service dents enrolled in the 1991 entering ways. First, somewhat fewer firms at p. 7.) class. This group had an LSAT chose to conduct on-campus inter­ median of 44 (96th percentile of views. Second, significantly fewer Long-Range Planning test-takers), and an GPA median firms interviewed any third-year law With the completion of The of3.65. students while on-campus, choosing Campaign for Duke and the fund The number of applications at instead to hire all of their first-year raising for our building addition, it the top private law schools likely will associates from among their summer is appropriate that the Law School decline fairly significantly for the fall associates. pause to assess what it wants to ac­ 1992 entering class. It will be diffi­ Notwithstanding the increased complish during the next five years. cult to determine the exact causes, difficulty in obtaining employment, This long-range planning will also but speculation already exists. First, at least eighty percent of the current provide the Law School's input into some law school administrators be­ third-year class was employed by the the University-wide long-range plan­ lieve that the recession and changes end of 1991, and the class should ning presentation required by the in the profitability oflaw firms have attain the usual achievement of hav­ University Board ofTrustees at its lowered the number of lawyers ing over ninety percent employed by May 1992 meeting. Thus, in our being hired by many firms and have the time of their May graduation. next Magazine, I will provide you a caused starting salaries to decline or Loan Forgiveness. During the summary of the goals identified by to remain constant. Because of these fall semester of 1991, the faculty the Law School's faculty, administra­ factors, more applicants to law agreed to enhance the coverage of tors, students, and Board of Visitors schools may choose to attend public our Loan Assistance Program. It ex­ that should be achieved over the law schools rather than private law panded the coverage of the plan to next few years. schools in order to avoid borrowing include government employment in substantial sums of money to pay for addition to public interest jobs. It Pamela B. Gann '73 their legal education. The public also created more lenient eligibility school choice lowers the economic requirements. These enhancements 4 DUKE LAW MAGAZINE Refllefllbering the Bible Teacher: An Essay on Prayer and the Constitution Walter E. Dellinger, III recall very lime about the fifth grade, but to this day I remember awaking every Thursday with a dull, I aching pain in the pit of my stomach. On Thursdays, the Bible teacher came to my class. When she arrived, I left the room. In the 1950s, the public school system in Charlotte, North Carolina provided Bible instruction to elementary school children for one hour a week. The instruction was labeled "non-denominational," which meant that it was generically Protestant. Pupils whose parents fJed a written statement could be "excused" during the instruction. The few Catholics in Charlotte public schools were urged by the local church not to participate. My devout Irish Catholic mother agonized over whether to write the note requesting that I be sent out of the room. In the end she felt she had no choice: Our parish priest had told her that I would be exposed to "an occasion of sin" if she allowed me to remain in the classroom during Protestant religious instruction. The arrival of the volunteer Bible teacher was anticipated with real pleasure by my classmates, who found her a wel­ come respite ftom arithmetic and grammar. I awaited her arrival with dread, watching the clock marching closer and closer to ten.