DUKE MAGAZINE LAW Spring 2003 | Volume 21 Number 1 Spring 2003 Volume 21 Number 1 Volume Inside: Five Clinics Deepen Experiential Learning Opportunities at Duke Law School Also: Walter Dellinger, Ken Starr: Supreme Court Advocates in High Demand From the Dean his issue of Duke Law Magazine organizations in low-wealth areas highlights a number of exciting that need legal and business planning developments at the Law School services in order to advance projects Tgiving students opportunities to designed to improve the economic base develop their legal skills and judgment of the community. Students in the in real cases involving real people Children’s Education Law Clinic in real time. become advocates for children seeking The stepped-up emphasis on experi- appropriate educational services in area ential learning is not at the expense of schools. Students in the Duke Law the analytical training that takes place Clinic for the Special Court in Sierra in the classroom. Learning to think Leone provide research and counseling and reason “like a lawyer” remains the services to officials in Sierra Leone who central focus of the educational mis- are establishing a unique form of war sion of Duke Law School. Hands-on crimes tribunal. learning extends what students learn in Along with our legal clinics remain the classroom, helping them to opera- a robust set of clinical offerings that tionalize their analytical training and give students opportunities in simulat- often motivating them to take more ed settings to practice their legal skills. seriously their entire educational pro- Trial Practice remains an extremely of our graduates and a number of gram. It also trains them in certain popular program, taught by a number foundations. The Duke Endowment, legal skills they do not get in the tradi- of Duke Law graduates including Don the Z. Smith Reynolds Foundation, tional classroom experience: interview- Beskind LLM ’77, Elizabeth Kuniholm Fannie Mae, the Fox Family ing, client counseling, mediation, busi- L ’80, and Charles Becton L ’69. A Foundation, the Hillsdale Fund and ness planning, drafting and advocacy. growing number of our students take the Knight Foundation are among Perhaps most of all, practicing their Negotiation and Mediation, and other those foundations that have given the skills under close supervision in real courses, such as Legal Writing, Corpo- Law School critical support for our cases helps students to learn how to rate Restructuring and Estate Planning, clinical and public interest programs, take responsibility and to develop that give students the opportunity to prac- and I cannot thank them enough for all-important legal judgment that the tice a wide range of practical skills. this support. I cannot list all of the best lawyers bring to their profession. The Law School also has enhanced graduates who have helped to boost I am excited about the potential our its support for public interest programs our efforts in these areas, but alumni legal clinics have to improve the educa- and pro bono work, giving students support has been and will remain criti- tion of our students. Students who non-curricular as well as curricular cal to our continued success. I thank have enrolled in one of our two ways to develop practical skills, leader- all of you who have helped, or will established clinics – the Death Penalty ship, judgment and the habit of public help, us to meet our ambitious goals. Clinic and the Legal Assistance Project service. Many of these projects are – often report that the clinic was the described in this issue, along with indi- “best course they have ever had.” Our vidual stories that demonstrate what three new clinics cover a range of sub- significant pro bono experience has Katharine T. Bartlett ject and practice areas, giving students added to the professional satisfaction Dean and more variety in their clinical courses. of some of our graduates. A. Kenneth Pye Professor of Law Students in the Community Economic Our new legal clinics and growth in Development Law Clinic engage with public interest programming has been businesses and economic development made possible through the generosity Spring 03 Duke Law Magazine 1 Selected Spring 2003 Events February 4 March 28 Rabbi Seymour Siegel Memorial Lecture in Ethics Duke Magazine Forum Dr. Leon R. Kass, Chair, James Boyle, William Neal Reynolds Professor of Law President’s Council on Bioethics March 28-29 February 21 Admitted Students Open House Weekend Annual PILF Auction/Gala Duke Law welcomes prospective students to campus Sponsored by the Public Interest Law Foundation April 4-6 February 22 Conference on International Public Goods and Transfer Business Law Society Smoker of Technology after the TRIPS Agreement of 1994 Organized by the Business Law Society Sponsored by the Center for Study of the Public Domain at Duke February 24 Meredith and Kip Frey Lecture in Intellectual Property April 10-11 Mr. Jack Valenti, President and CEO, Conference on Legal and Policy Considerations Motion Picture Association of America Involved in Confronting Iraq Sponsored by the Center on Law, Ethics and National Security March 12-14 Directors’ Education Institute at Duke Sponsored by the Duke Global Capital Markets April 11-13 Center and the NYSE Foundation Law Reunion Weekend Duke Law welcomes alumni back to campus March 18 Great Lives in the Law April 14 The Honorable Sandra Day O’Connor, Professional Sports: Challenges & Opportunities Associate Justice of the United States Organized by Professor Paul Haagen March 21 May 10 Conference on Emerging Issues in Law School Hooding Ceremony Community Economic Development Law Keynote: The Honorable Dennis Archer, Sponsored by the Duke Law President-Elect, American Bar Association Community Economic Development Clinic Symposium on Hot Topics in Patents and Trademarks May 11 Sponsored by the Duke Law Intellectual Property Duke University Commencement Exercises and Cyberlaw Society Keynote: The Honorable Kofi Annan, Secretary-General of the United Nations Spring 2003 | Volume 21 Number 1 DEAN Katharine T. Bartlett ASSOCIATE DEAN FOR EXTERNAL RELATIONS Linda G. Steckley DIRECTOR OF COMMUNICATIONS Diana L. Nelson EDITOR Jonathan Goldstein FEATURES ASSOCIATE EDITOR Janse C. Haywood Hands-On Learning CONTRIBUTING EDITORS Jean Brooks Melanie Dunshee Clinics, pro bono opportunities and public interest programs enrich the Duke Law experience CONTRIBUTING WRITERS 14 Otis Bilodeau Shannon Frank ’05 18 Special Court for Sierra Leone Clinic Tia Hall ’03 James B. Hawkins ’82 20 Death Penalty Clinic John Keller ’87 23 Community Economic Development Clinic Stephen Minter ’03 James Smith III ’94 25 Children’s Education Law Clinic Carol Spruill 26 Legal Assistance Project DESIGN Capital Strategies PHOTOGRAPHY Walter Dellinger and Kenneth Starr O’Neil Arnold Ian Bradshaw Jonathan Goldstein Duke Law professor and alumnus clash, and now Mike Lynaugh join forces, before the U.S. Supreme Court Kate Melcher 32 Todd Shoemaker Bill Wilcox, The Herald-Sun DEPARTMENTS Duke University Photography: Chris Hildreth, Les Todd, From the Dean Jim Wallace, Jon Gardiner 02 Letters to the Editor 03 News Briefs 29 Conversation Profiles 39 Wesley Powell ’94 40 Farley Collins ’00 41 John Bolin ’03 43 Debbie Greenblatt LLM ’80 First Person 44 John Keller ’87 46 Maj. James Smith III ’94 47 James B. Hawkins ’82 Faculty News 49 Faculty Focus 53 Faculty Notes Alumni News Duke Law Magazine is published under the 63 Alumni Notes auspices of the Office of the Dean, 70 In Memoriam Duke University Law School, Science Drive and Towerview Road, Durham, NC 27708 72 Sua Sponte Spring 2003 • Duke Law Magazine 1 Letters to the Editor The following letter by Jack L. Bloom ’47, responds to Dean Katharine Bartlett’s “from that they joined us at Duke, with a combined the dean” column in the Fall 2002 issue of Duke Law Magazine and an October letter faculty, each graduate receiving his degree from Dean Bartlett to Duke Law alumni and friends. from his own law school. I always have believed that we had a Dear Editor: and contributed greatly to the expansion first-rate faculty then. I am not trying to As an alumnus of Duke University Law of international law, according to a 1999 compare either the faculty or the student School, I am impressed by the Law School’s publication of the U.S. Holocaust Memorial body then or now in any manner. LSAT did activities, faculty, and student body as related Museum. It is my understanding that he not exist when, in early 1941, I applied to in your letter of Oct. 1, 2002 and in the fall was instrumental in drafting the text of the and was accepted by Harvard, Yale, Virginia 2002 Duke Law Magazine. The faculty is genocide treaty and in its adoption by and Duke. I decided on Duke Law for many outstanding. The students are the pick of the United Nations. reasons. I also am sure that the student the crop, and, obviously, acceptance of a I often spoke to Dr. Lemkin, but he never body now is a collective bright bunch of student by Duke Law School is a signal mentioned his own background, although I people, and, to the credit of Duke, it is more achievement of the highest order. They knew, of course, that he was from Poland diverse than was my own class. speak well for the development of the and had occupied a prominent position in Incidentally, I do not use the expression School, which has expanded to a degree legal matters there. He called me the “tiger “The Greatest Generation” which some have unthought of in my day. I am proud to have of contracts” because, I assume, I was applied to the World War II generation. It is received my law degree from Duke. awarded a book in my first year as a prize over-blown, and each generation discharges The statement in the first paragraph of for my grade in that subject.