Duke Law Reporter _2

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Duke Law Reporter _2 Powered By Docstoc
					    The
          Duke Law Reporter
Volume 1, Number 2
                                        The Official Student Newspaper of Duke Law School
                                             http://www.law.duke.edu/student/act/dlr/                                    February 22, 1999

DBA board votes in favor of beach-blanket Barrister’s Ball
By Alyssa Rebensdorf
     After a lively hour-long debate, the      the primary obstacles. In addition,                “I’m concerned about letting a small
DBA Board voted 9-3 at its February            Burkhardt said a “very vocal minority”        minority of people who are passionately
9th meeting to hold the April Barrister’s      had used the survey to launch personal        against the beach determine how the
Ball at the coast.                             attacks on him. While he said the per-        DBA is going to run things,” said DBA
     Chad Burkhardt, Co-Chairman of            sonal attacks didn’t bother him, he was       Secretary and President-elect Dustin
the Social Committee, opened the dis-          concerned about the effect the controversy    Rawlin, 2L.
cussion with an apology.                       would have on the school.                          Burkhardt responded, “I have
     “This thing has gotten out of hand,”           “The Barrister’s Ball is primarily       thought about that, but it comes down to
he said. “I apologize. I never thought a       meant to be a fun thing,” he said. “It’s      the fact that social events are supposed
social event could get this out of hand.”      lost that purpose. If we vote to do it on     to be fun.”
     Burkhardt noted that although he          the coast, this is going to spiral out of          He mused that some of the negative
and co-Chair Gabe Feldman had run for          control. I don’t think the law school         comments might have been spurred on
office on a platform of willingness to try     should go through that over a social          by a perception that the DBA wants all
new ideas, this proposal had generated         event.”                                       of its money to go to alcohol events.
considerable controversy.                           Co-Chair Feldman agreed. “It                  “We’ve got a P.R. problem on that
     Burkhardt reported on the results of      sounded like a good idea, but we don’t        front,” he admitted.
the questionnaire he had placed in stu-        want to split the law school on this,” he          Burkhardt’s reference to the DBA’s
dents’ mailfolders. Of the 191 responses       said. “There are more people who want         “P.R. problem” struck a chord with DBA
he received, 63 percent favored the coast      to go [to the beach]. But there are more      Treasurer Alaina Harrington.
as a location for the Ball. In particular,     reasons against going.”                            “My problem is the vocal minority
the 1L respondents favored the coast                Had the vote been taken at that point,   who accuse the DBA of sequestering
option by an strong majority, 75 percent.      it may well have gone against the coast       funds,” she said. “That issue will snow-
Opponents cited the higher cost of a           option. But Board members raised the          ball, and all over a social event. Let’s
coast event, and the difficulty for mar-       concern that voting against the proposal      not create a platform for people to stand
ried people and people with children and       would disregard the wishes of a clear         up and fight their cause. It’s not healthy
pets to make necessary arrangements as         majority.                                                 See DBA Elections, Page 4

Student to sit on Dean search committee                                                                        Inside
By Barbara Goffman
                                                                                             LLMs may lose representative. 2
     For the first time in school history,     President Dave Dixon said Friday.             PILF Auction......................... 2
Duke Law students will have a formal                “We have achieved a victory already      Rawlin, Franklin win elections...... 3
role in the upcoming search for a new          because the faculty has approved having       Law School Renovations...............6
school dean.                                   a voting student member on the search         Opinions -- Ours and Yours...........6
     One student will serve as a voting        committee,” Dixon said. “That has not         On the Technology Front...............7
member of the formal search commit-            happened before.”                             Faculty Profile - Jim Coleman....... 8
tee, the faculty decided Tuesday.                   Shortly after Dean Pamela B. Gann        Ask Mr. Brad............................... 9
     Eight other students, plus the            announced Feb. 3 that she will leave Duke     Study Abroad............................... 10
president of the DBA, will serve on a          Law at the end of this academic year,         News from Financial Aid.............. 10
newly created Student Advisory Com-            DBA President Andrew Flake asked the          Disappearing law firms................. 11
mittee. Once the formal search com-            faculty to permit formal student repre-       Group Scoop................................ 12
mittee narrows its list to a few candi-        sentation on the search committee. The        Calendar.......................................12
dates for dean, the Advisory Commit-           faculty approved the idea Tuesday, with
tee members will interview these candi-        the caveat that the student member may        Read the Duke Law Reporter online:
dates and pass their recommendations on        at times be told to leave the room while      www.law.duke.edu/student/act/dlr/
to the search committee, DBA Vice                             See Dean Search, Page 4
Page 2                                                   Duke Law Reporter                                             February 22, 1999
LLMs may lose DBA representative
By Barbara Goffman
     The DBA will consider a proposal tomorrow that ultimately                 LLM Representative Augusto Cauti is one student who be-
could reduce foreign LLMs’ representation in student govern-              lieves these “other factors” weigh in favor of retaining two LLM
ment to one delegate.                                                     representatives. Considering the difficulties LLMs sometimes have
     This proposal comes from the DBA’s Constitutional Com-               with English and their varying cultural backgrounds, it is hard
mittee, which is concerned that LLMs now have more represen-              for one student to represent the varying interests of all LLMs, he
tation per capita than do other Duke Law students, said DBA               said. Thus if the LLM delegate is expected to truly be represen-
Vice President David Dixon, who chairs the committee.                     tative, Cauti said, there should be more than one.
     “It’s certainly not something the Constitutional Committee                “[Maybe] the criteria for the LLMs representatives should
is pushing,” Dixon said Friday. “It’s just a recommended topic            be of citizenship or continent,” Cauti said. Such an approach
for discussion to make sure the numerical proportionality has             would allow the LLMs to “provide different, and more, input to
been considered.”                                                         the DBA.”
     Numerically, JD students have more representatives on the                 LLM Vanina Caniza agreed. “International students need
DBA than do LLMs. The 1L, 2L and 3L JD classes each have                  more representation because their problems and concerns are dif-
three representatives. The LLMs have two.                                 ferent and their backgrounds and cultures are more diverse. One
     But proportionally, the foreign-based LLMs have more rep-            representative cannot reflect the concerns of the entire class as
resentation than JD students do. Each JD class delegate stands            well as two.”
for about 100 JD candidates, while each of the LLM representa-                 Not all LLMs, however, are wedded to having two delegates.
tives stand for about 40 students.                                        Manfred Ketzer said a reduction would not “really matter be-
     Duke Law’s foreign LLM candidates are attorneys from other           cause LLMs can communicate ideas through one representative
countries who come to Durham for a year, seeking the law’s                as well as with two.”
equivalent of a master’s degree. They long have had just one                   Even if that were so, the International Law Society’s LLM
representative in the DBA. Last spring, however, the student body         liasion, 3L Wendy Kamenshine, sees problems with limiting LLMs
voted to amend the DBA constitution and provide the LLMs an               to one representative. She noted that the LLM delegates repre-
additional representative.                                                sent more than just the LLMs. They also represent the interests
     “Part of the rationale was that [it’s difficult] when there’s        of exchange students, visiting scholars and researchers, non-de-
just one person who represents a class, because sometimes it’s            gree students, and students seeking an SJD, which is the equiva-
not possible to make every meeting,” Dixon said. “It’s also iso-          lent of a Ph.D. in law.
lating when there are four classes represented ... and the other               “The two LLM representatives to the DBA are the only avenue
class reps can talk about what their class wants and have some-           I’m aware of for all these groups’ interests to be represented,”
one else sitting next to them, backing them up.                           Kamenshine said. “Even if they all aren’t voting members of DBA,
     “I do not recall ever in the discussions last year thinking of       they all together [including LLMs] comprise 100 members of our law
the numerical proportionality problem,” Dixon said.                       school community. So if you decide representation purely by the num-
     But the issue did arise earlier this year in Constitutional          ber of LLMs, it’s probably more correct for them to have just one
Committee’s discussions. Ultimately, the committee devised an             person. But if you consider the whole international community at the
amendment to the DBA constitution that would reduce the num-              law school, I think it’s more appropriate to err on the higher side” of
ber of LLM representatives. The full DBA will decide at its meet-         having two delegates, she said.
ing tomorrow whether to put the proposition on the Mar. 4 ballot.              The student government is scheduled to take up this issue at its
     “If the executive committee feels other factors outweigh the         12:30 p.m. meeting tomorrow in the DBA’s fourth-floor office.
numerical proportionality [issue], then the proposal won’t be
brought before the students,” Dixon said.                                 Elizabeth Gibbes contributed to this story.
PILF benefit raises more than $12,000
      Students packed into Spartacus Restaurant Thursday night for        as an extra on Dawson’s Creek. An autographed copy of Ken Starr’s
the third-annual Public Interest Law Foundation (PILF) auction.           Report to Congress sold to Professor Jim Coleman for $400 in a
      Hundreds of attendees began bidding on more than 70 items in        special auction held at lunchtime Thursday at the law school. A sister
the live and silent auctions at 9:00 p.m. Auctioneers Mike Winters, a     piece, an autographed copy of the evidence submitted with the Starr
3L, and Jason Murphy, a 2L, entertained the crowd while working           Report, went for $300 in the evening.
them for top bids.                                                             PILF raised more than $12,000--about $5,000 more than was
      “Mike and Jason really created a lot of energy and enthusiasm       raised at last year’s auction. The success was due in part to PILF’s
and made the evening fun,” said Frances Turner, PILF co-director.         allowing buyers to pay for items with credit cards, Turner said.
      As the evening progressed, a standing-room-only crowd fever-             “Students were able to pay more for the items they really wanted
ishly bid on items ranging from a skydiving lesson to autographed         and seemed to appreciate the added convenience,” she said.
basketballs to Bar Bri gift certificates. Students formed groups to bid        The money PILF raised will go directly towards funding stu-
on dinners with their favorite professors.                                dents who accept low- or no-paying public-interest jobs for the sum-
      Several special items in this year’s auction garnered the most      mer. Applications for PILF grants will be taken later in the semester,
money. Tickets to the David Letterman show went for $400, and 2L          after students have had an opportunity to secure their summer posi-
Jeremy Hillsman paid $1,000 after a hard-fought battle to earn a spot     tions. For more information about PILF grants, contact Frances
                                                                          Turner or Josh Stayn.
February 22, 1999                                    Duke Law Reporter                                                      Page 3

Rawlin, Franklin win DBA elections
By Barbara Goffman
      About 60 percent of Duke Law students went to the polls        vice chairwoman; 2L Chris Rae, social chairman; 2L Timothy
Thursday, electing 2L Dustin Rawlin president of the DBA             Jones, student judicial board member; and 1L Randy Katz,
for the 1999-2000 academic year. Jamel R. Franklin, a 1L,            student judicial board member.
was elected vice president. Miriam Goldsmith, also a 1L, ran              A run off will be held March 4 for a final spot on the
uncontested for DBA secretary.                                       student judicial board. This maneuver was prompted by an
      The new officers will take office Monday, March 22, the        ironic combination. Three candidates for one of the seats were
day classes resume after spring break. The office of DBA trea-       separated by just two votes. And, in an apparent clerical error,
surer remains unfilled, awaiting a March 4 run-off between           two more ballots were cast than names crossed off the poll
2L Catherine Young and 1L Demetria Titus, who gathered the           workers’ list, said current DBA Vice President Dave Dixon,
two highest number of votes Thursday among the six candi-            who organized the election. Consequently, Kamla Alexander,
dates for treasurer. A run-off is required when no candidate         Meggan Louden and Timothy Johnson, all 1Ls, will face off again.
receives a majority of the votes.                                    Strong voter turnout
      Rawlin, current DBA secretary, ran on a platform of pro-            Voter turnout was high in this election, around 60 percent,
viding law students more parking spaces closer to the building       Dixon said. As of Friday afternoon, he estimated that 75 per-
and improving the selection and price of food offered in JD’s.       cent of 1Ls and 70 percent of 2Ls voted Thursday. The turnout
Franklin’s platform was similar.                                     of LLMs appeared to be “very good,” Dixon said, while 3L
      “There are some things we definitely need to accomplish        turnout was “significantly lower.”
before the end of the [academic] year, including the parking              Dixon partly attributed the high voter turnout to the poster
situation,” Rawlin said Friday. “One of the big issues I was         boards set up in the school’s second-floor loggia this week, on
elected for was parking, because I was on the GPSC task force        which each candidate’s platform was posted. In prior years,
all year, working on it. That’s my big crusade.”                     candidates were limited to expressing their views on three-by-
      GPSC stands for Graduate and Professional Student Coun-        five-inch index cards.
cil, a university-wide legislative body that oversees inter-school        Campaigning by flyer also was popular this year. It was
issues, such as campus parking and camp out for basketball           one of the few avenues left open to candidates after Dixon pro-
tickets.                                                             hibited candidates from sending mass campaign emails to stu-
      “We probably will also address JD’s. Students want to          dents. He instituted the ban in response to student complaints
see some kind of discussion [soon],” Rawlin said. So he ex-          about a flame war that erupted on the 1L-class email list dur-
pects to meet shortly with the manager of JD’s and the direc-        ing the fall election.
tor of Duke Dining Services.                                              “There were more than 70 emails sent to that list in the
      “The biggest problem is that JD’s doesn’t have kitchen         week before the election,” Dixon said. “The DBA board dis-
facilities. They can’t make anything, so they have to contract       cussed the issue of limiting communication. But [it agreed to
out,” Rawlin said. “And having a middleman is so expensive.          the ban because] students can’t unsubscribe from the class email
The result is high prices and a limited menu.”                       lists, and because alternate forms of communication were avail-
      The upcoming and final portion of a three-phase building       able to the candidates: word of mouth, face-to-face discussion,
renovation includes plans to expand JD’s, Rawlin said. He is         and giving a statement of intent on the poster boards.”
unsure, however, if the plans specify only a larger seating area          Dixon refused on Friday to release the figures of how many
or if they include adding a kitchen. He advocates the latter.        students — and what percentages — voted for each candidate.
      Franklin voiced a similar opinion in his campaign flyers,           “A student suggested to me before the election that the
advocating the sale of hotdogs and chicken sandwiches, as            exact number of votes for the president and vice president — if
well as increasing the supply of pizza, bagels and doughnuts.        not all officers — should be published. I consulted with Presi-
He did not respond to an interview request.                          dent Flake, other members of the executive board and at least a
      Rawlin’s other big goal is to entice a Supreme Court jus-      dozen random students,” Dixon said. “The student comments
tice to speak at Duke Law.                                           were unanimous [against releasing the figures]. People all said
      “I definitely think it’s possible,” he said. “The professors   that this is a small school and we have a fairly friendly envi-
think it’s possible. It’s just a matter of talking to the profes-    ronment that we place a value on.”
sors who have contacts, sending letters and keeping on it.”               Dixon voiced concern that many potential candidates would
      Rawlin defeated 2L Atiba Ellis in his bid for the presi-       not run if they knew that the DBA would announce the percent
dency. Franklin bested 1L Karl-Henri Gauvin in the vice              of voters who supported the winner and loser.
president’s race. In the competition for treasurer, Young and             “The DBA Constitution doesn’t directly address this is-
Titus came out ahead of 2Ls Nick Daftary and Amy Grainger,           sue,” he said. “If my judgments about the cooperative culture
and 1Ls Christopher Kang and Courtney Milam. And 2L                  of Duke Law, which presumably we are trying to maintain, is
Stacey Moore trumped 2Ls Mike Kimmel and James Vaughan               wrong, and if students overwhelmingly support the release of
in the race for a seat on the student judicial board.                this information in future elections, there is a referendum pro-
      Several candidates ran uncontested. They were: 1L Clay         cess available. ... For now, the discretion about releasing the
West, academic chairman; 1L Sarah Gohl, community ser-               figures rests with the vice president, and this is my decision.”
Page 4                                                      Duke Law Reporter                                          February 22, 1999
DBA Elections
Continued from Page 1                                         DBA Barrister’s Ball Survey Results
for the school to go through that con-                                                              1L      2L        3L      LLM Overall
flict.”                                              Total surveys received                         42      57        62      30  191
     After an hour of debate, 2L Repre-
sentative Sarah Schott moved to support              Would you attend the Ball if Yes               86%     84%       77%     90%     83%
the Social Committee’s plan to hold the              it were held in Durham?      No                14%     16%       23%     10%     17%
event at the beach. The final vote was
nine in favor, three opposed and three               Would you attend the Ball if Yes               81%     70%       53%     70%     67%
abstentions. David Dixon, DBA vice                   it were on the coast?        No                19%     30%       47%     30%     33%
president, said he had to abstain because
he could not decide between two equally              Which option should the           Coast  75%           68%       48%     62%     63%
valid viewpoints. That angered Schott.               DBA implement?                    Durham 25%           32%       52%     38%     37%
     “You have to vote,” she urged Dixon.
“That’s your job.”                                  The proposal was slated to come up for          Feldman have begun making plans to
     Although the vote is final, the debate         discussion at last Tuesday’s DBA Board          take the Ball to the beach. They have
is not over. Susan Rozelle has sent an              meeting, but with the Social Committee          located a hotel at Topsail Beach, and
open letter to the DBA proposing another            co-chairs out of town celebrating Mardi         are negotiating prices. They are also
option. (See Rozelle letter on the Opin-            Gras, and the agenda already full, DBA          looking for a band that will travel to the
ions page). Her plan is for the DBA to              President Andrew Flake decided the pro-         beach to play the one night gig. Feldman
keep the Barrister’s Ball in Durham, but            posal should wait until the February 23rd       said on Thursday that he expected to
to also organize a spring beach event               Board meeting.                                  release further details in a matter of
which people can attend at their own cost.              In the meantime, Burkhardt and              days.

Dean search
Continued from Page 1
the professors discuss confidential issues,               “Perhaps they should just ask the stu-    dent also.”
Flake said.                                         dent member to reserve comments at times.            The Student Advisory Committee ap-
      Excluding a voting student member from        [Student members] already are bound by con-     pointments should come quickly too, Rawlin
a committee discussion occasionally is not          fidentiality,” he said.                         said.
unusual, said Tom Metzloff, senior acting                 As of early last week, the DBA was ac-         “I assume these appointments will come
dean for academic affairs. It happens to the        cepting recommendations for who should          within a week or two,” he said. “The faculty
students serving on the Faculty Appointments        serve as the student member of the search       is moving very quickly. We don’t want stu-
Committee, he said.                                 committee. The student government ultimately    dents left out of the loop.”
      Amyn Hassanally, the 3L representative        will recommend three students to serve on the
on the Faculty Appointments Committee,              committee to University Provost John            DBA Pools Unused Group Money into
confirmed Metzloff’s comments.                      Strohbehn. This decision could come any day     General Fund
      “I’m asked to leave the room or not at-       now, Flake said, because the faculty wants to
tend the meeting at all if the issue is about the   get the search process moving swiftly.          DBA recently engaged in a budget reallo-
                                                                                                    cation process in order to make more
quality of a professor’s scholarship,”                    Strohbehn then will choose one of the
                                                                                                    money available to active student groups
Hassanally said, because — as a student —           three students endorsed by the DBA, Flake       this semester. Approximately $5,200 was
he lacks the experience to evaluate a               said.                                           moved out of the budgets of inactive stu-
professor’s work product. Hassanally thinks               The DBA will have full discretion in      dent groups and placed in a general fund
such exclusion is fine. But he thinks the dean      choosing the members of the Student Advi-       for use this semester by active student
search should be treated differently.               sory Committee, Flake said. The faculty ex-     groups. No money was taken from any
      “A student participating on the dean          pects, however, that the DBA will appoint       group that contacted DBA Treasurer
search committee should have a say about            students who represent the student body’s di-   Alaina Harrington as requested. Among
everything,” he said. “I can’t see where a stu-     versity, said Dustin Rawlin, current DBA        the groups that have applied for and re-
dent wouldn’t be able to add something of           secretary and new president-elect.              ceived extra cash this semester are VITA,
                                                                                                    and PILF. Still pending are requests from
value to every issue of the evaluative process.”          “The faculty really felt strongly about
                                                                                                    the Duke Law Chapter of the ACLU and
      Additionally, allowing the faculty to ex-     having broad representation,” Rawlin said.      the Duke Golf Association for their up-
clude the student member provides “poten-           “They definitely want an LLM on the advi-       coming tournament with Fuqua.
tial for abuse,” Hassanally said.                   sory committee. They want a joint-degree stu-
February 22, 1999                                       Duke Law Reporter                                                             Page 5
School plans summer renovations to improve comfort, access to technology
By Alex Dale
     Have you ever sat in one of the big third-floor classrooms              Bergen and Caplan are on a committee with senior associate
and strained desperately to hear your soft-spoken professor? Or         deans Tom Metzloff and Dick Danner that determines the future
have you ever tried to plug in your laptop in the William J. Lowry      renovations of the law school. “We want to be on the cutting-
seminar room (rm. 4051), only to find out that the nearest plug is      edge of technology in every room. We want all our classrooms to
halfway across the room?                                                be the best teaching rooms for students, because that’s what stu-
     These are problems most students face as the law school            dents need and what the faculty need to teach,” Bergen said.
population evolves into a larger and more technologically-ad-                Metzloff shares Bergen’s desire to upgrade the law school’s
vanced group of students. The hums and taps of notebook com-            facilities, but finds other issues pressing as well. “We’re continu-
puters combine with larger classes to cause acoustical nightmares,      ally trying to improve the school’s ‘physical space,’” Metzloff
and the widespread use of these noisy computers adds to the tech-       said, “but there are a lot of issues we’re facing right now that
nological deficiencies of a building previously designed for pen-       may come ahead of physical renovations, such as providing more
and-paper learning.                                                     financial aid and adding faculty members.”
     But as the technology and classes change, the school’s “physi-          The committee also has discussed possible additional reno-
cal space” is also receiving a face-lift. Sherry Caplan, director of    vations, Caplan said. In the summer of 2000, the tentative plan is
administrative services, said that this summer, the law school          to remove the back wall of the moot courtroom and redesign
will remodel and upgrade the technology of room 4050 (the Miller        Room 4049 directly behind it, she said. This act would create an
& Chevalier classroom) and room 4051 (the William J. Lowry              87-person classroom that could double as an expanded court-
seminar room). These renovations should improve the comfort,            room. A small seminar classroom also would be constructed be-
acoustics and technological capabilities of all of these classrooms,    hind the courtroom’s current location (where a housekeeping closet
she said. Caplan also said students can expect alterations of room      and stairwell currently are located) that could double as a jury
3041 (the Russell S. Deneen classroom) and room 3043 in the             room, Caplan said.
future.                                                                      A renovation proposal has also been discussed and drawn out
     The carpet and chairs of the Miller & Chevalier classroom          that would redesign the DBA area and the offices adjacent to it, Caplan
(rm. 4050) will be replaced, Caplan said. The configuration of          said. These plans would remove the offices and create another (but
the room will stay the same, but the “uncomfortable” swing chairs       smaller) courtroom, a student organizations area, and additional class-
will be replaced by more comfortable ones, she said. The teach-         rooms. However, she said these plans remain “very tentative.”
ing console also will be upgraded to the level of the console in the         Metzloff said additional classrooms would help students by re-
Carl Horn, Jr., classroom (rm. 3037), which has a computer              lieving some of the class-scheduling conflicts that upper-class stu-
touchpad and provides easier use for faculty members, Caplan            dents dealt with this year. “First-year small sections take up almost all
said.                                                                   of the existing classroom space during some parts of the day,” Metzloff
     Caplan also said there are plans to improve the acoustics and      said. “Right now, we end up sticking a lot of upper-class courses at
technological capabilities of room 3041 (the Russell S. Deneen          the same time of the day when these first-year sections aren’t consum-
classroom) and room 3043. The acoustical improvements will be           ing most of the classroom space. These additional classrooms would
made to compete with the “unexpected” noise notebook comput-            give us more options and flexibility in scheduling classes,” he said.
ers create, she said.                                                        Caplan said the renovations to be performed this summer were
      “When laptops came out, IBM representatives were told             planned three years ago when “Phase II” of the school’s three-phase
they were too quiet,” she said. “Our acoustical consultants told        building expansion was completed. The proposed renovations for the
us that IBM said we’re the first people to complain about laptops       summer of 2000 and for the DBA/office area were drawn up then as
being too loud. It will be interesting to see how we deal with this     well, she said.
acoustics issue in the big classrooms.”                                      Law school faculty members have discussed many different and
     The William J. Lowry seminar room (rm. 4051) will be the           substantial renovation options that would be implemented through
classroom most altered by the renovations this summer, Building         what would be “Phase III” of the building expansion project, Caplan
Manager Bert Bergen said. The room will be re-carpeted, and the         said. However, she said “Phase III” and any renovation plans beyond
seating will be tiered in a formation that still faces the chalkboard   the current proposals are on hold until the capital campaign is com-
but that provides a greater seating capacity. New tables and chairs     plete.
will be installed, and “power will be added to the seats” to allow           The capital campaign seeks to raise money for other law school
for notebook computers to be plugged in, Bergen said. As with           needs like providing scholarship grants, improving the library, and
the Miller & Chevalier classroom (rm. 4050), the William J.             hiring additional professors. However, now with the upcoming de-
Lowry classroom (rm. 4051) will also receive a technological            parture of Dean Pamela B. Gann, it is unclear when and if additional
upgrade to its teaching console.                                        renovation will occur beyond the current proposals. “At this point, I
                                                                        have no idea what will happen,” Caplan said.
Page 6                                                     Duke Law Reporter                                             February 22, 1999
Opinions: Ours and Yours
DBA’s Barrister’s Ball vote was a cop-out
    Our DBA officials failed students two weeks ago by                      DBA board members said they felt compelled to oblige.
voting to break with tradition and hold this year’s                         But our elected representatives owed us more. Yes, they
Barrister’s Ball on the coast instead of in Durham. Despite                 should have considered the survey results. But they also
a well-rounded discussion about the Ball at the DBA’s                       should have given more weight to the minority’s needs —
weekly meeting on Feb. 9, a majority of the representa-                     the people who had legitimate reasons for preferring a
tives ultimately deferred to the results of a student survey                Durham location. We elect people with judgment, and we
about the ball’s location. Since a majority of the survey’s                 expect them to use that judgment when tough calls arise.
respondents (fewer than a third of law students!) wanted                    Ignoring the problems of holding the ball on the coast by
the ball at the beach, the majority’s will should rule, the                 saying that the majority had spoken through the survey was
DBA officials said in a nine to three vote, with three ab-                  nothing more than a cop-out.
stentions. The representatives voted this way despite know-                      It is not too late for the DBA to rectify the aforemen-
ing that choosing the coast location would make it much                     tioned problems. If it will not re-vote and hold the Ball in
harder — perhaps impossible — for some students to at-                      Durham, then the DBA at least should subsidize rooms for
tend what is billed as Duke Law’s biggest social event of                   those who cannot afford them, help arrange car pools, find
the year.                                                                   hotels or motels that allow pets, and help pay for babysitters
    Going to the coast is impractical for many, especially                  for those who need them. Such steps may not enable every-
students with children or pets or weekend jobs, or spouses                  one to attend the ball, but they should help some students
who have local obligations. For those without spouses, get-                 who otherwise could not go. This approach also may prompt
ting a date for the ball may be much harder now. We are no                  healing within our student body, which unfortunately has
longer looking at a few hours at a dance, but a night or a                  become somewhat divided over this issue.
weekend at a hotel. Attending the ball this year also will be                    Lastly, the new DBA board members who will take
much more costly. In addition to buying party wear, stu-                    office after spring break will face several big issues in the
dents will have to travel three to four hours away and stay                 upcoming year. Foremost will be ensuring students’ voices
in a motel or hotel. They will have to buy their meals out.                 are heard in the search for a new dean. And if last week’s
Even if people double up in rooms, the cost may be pro-                     campaign rhetoric is to be taken seriously, the DBA also
hibitive. Finally, attending this year’s Barrister’s Ball will              will be addressing Duke Law’s parking woes, the cost and
require a large time commitment. What once was an evening                   selection of food in JD’s, and whether incoming classes
out has now become a weekend event, and this weekend                        should be required to buy laptop computers. When our new
comes just two weeks before finals will begin. Most of these                officials consider these issues, they should listen to their
problems were raised at the DBA meeting, and a majority                     constituents, but they also should listen to their consciences.
of the officials disregarded them.                                          Sometimes following the majority will is not the best course
    Political scientists long have discussed whether offi-                  of action. We urge the new representatives to think about
cials in a representative democracy should vote their con-                  the pros and the cons with every vote they cast. If the ma-
science or the majority will. The DBA officials followed                    jority will seems ill advised, take a bold stand and do the
the latter approach with the Barrister’s vote. The survey                   right thing, even if it is unpopular. Our representatives
results said ‘hold it at the beach,’ and a majority of the                  should not be parrots. They should be leaders.

An Open Letter to the DBA Regarding the Barrister’s Ball:
     I strongly encourage the DBA to reconsider the location of the              Duke Law School prides itself on the diversity of its student
Barrister’s Ball.                                                           body: varying socio-economic levels, varying ages, varying levels of
     The Ball is about bringing together as much of the student body        outside experiences and outside commitments. If we want to continue
as possible. Having it in Wilmington means a total of eight hours of        to attract such diversity, we need to make all these people feel wel-
driving and a minimum cost of $75. This will preclude a significant         come. Moving the social event of the year to Wilmington sends a very
portion of our classmates from attending. Having the Ball in town           clear message to those groups: if you can’t come, we don’t care.
     will preclude no one. Many people who would go if it were held              I know the DBA members DO care that all of their classmates
here would not drive to Wilmington. No one who would drive to               have the opportunity to attend the Barrister’s Ball. I also appreciate
Wilmington would stay home if it were here.                                 that a lot of students want to do something new, and exciting. Couldn’t
     Those with children can much more easily find a babysitter for a       the DBA organize a Duke Law trip to the beach on a different date,
few hours than for a day and a half. Those on tight budgets need not        separate from the Ball? This adds to the social agenda for those who
spend any money at all to attend a Ball in Durham, but must spend at        want to do both events, without taking the Barrister’s Ball away from
least $75 to go to Wilmington. Those with outside jobs or other com-        anyone. There would be no extra cost to the DBA, since the beach
mitments can much more easily take an evening off than an entire            trip could be pay-your-own-way, with the DBA simply picking a
weekend. Even those who would never go to the weekly bar reviews            date and location, just as they do with the bar reviews.
come out for the Barrister’s Ball; it is the social event of the year for        Please reconsider the Ball’s location.
Duke Law students. If held in Wilmington, those students will not                Thank you for your attention.
come to this event, either.                                                      -- Susan Rozelle, 3L
February 22, 1999                                           Duke Law Reporter                                                            Page 7

On the Technology Front: Aliases, aliases everywhere
By Brian See
      PS3227, DR3153, AS2567 . . . If you’re like me, you                    a non-Duke account.) Also, you can change the name of your
probably have a hard time keeping the alphabet soup of law                   alias. So, I could have an alias of bsee@duke.edu,
school email addresses straight.                                             p.brian.see@duke.edu, or even see@duke.edu -- as long as
      If you start using your email aliases, however, you can                no one else has claimed the same alias. (People named Smith
make things a lot simpler when giving out your email ad-                     might have trouble here...) Your name-based aliases must use
dress. An email alias is just what it sounds like -- it’s another            some combination of your given name, preferred name, and
name for your email address. So, when someone sends mail                     initials, though -- nosebeer@duke.edu won’t stand up to re-
to your alias, the message is seamlessly forwarded to your                   view. One word of advice: Since it’s
“real” mailbox. When people send email to your alias, you’ll                      so easy to change aliases, it’s usually a bad idea to try to
still receive the message in your usual mailbox, and read your               “guess” someone else’s alias. There’s no telling if the person
mail just like before; it’s just that the address is a little easier         you’re trying to reach has changed it!
for other people to remember.                                                     Before you start using your OIT alias, you should make
      Computing Services has set up an alias of                              sure that your preassigned address is in fact the alias you
firstname.lastname@student.law.duke.edu for all students.                    want to use. To verify your preassigned address, or to change
(Check out the list at http://www.law.duke.edu/computer/mw1/                 any of your alias options, go to the Duke Alias search form at
aliaslist.html to make sure they’re using the name you want                  https://dukeid.duke.edu:8882/emailalias/owa/publicsearch --
them to use.) So, instead of telling people that my email ad-                you’ll have to enter in some personal data to prove you are
dress is ps3227@student.law.duke.edu, I can tell them to send                who you’re claiming to be. (It’s a secure site -- don’t forget to
email to brian.see@student.law.duke.edu.                                     use “https,” with an “s” at the end, when entering the URL.)
      Most students also have another email alias. Duke’s OIT                Once you’ve verified that they’ve given you the alias you want,
has set up an alias of firstname.lastname@duke.edu for most                  or think you should have, it’s a good idea to send an email to
people; it works in basically the same way as the law school                 your alias. If you receive the message in your mailbox, you
alias. This alias isn’t just for law students. Anyone with an                know that everything’s working correctly. That means that
email address ending in duke.edu can use it -- specifically,                 you can start giving out your OIT alias when people ask for
that means Law School faculty and staff can also use the ser-                your email address.
vice.                                                                             For more information about the OIT email alias, look at
      Users of the OIT alias have a lot of control over it. First,                http://www.oit.duke.edu/helpdesk/alias-faq.html.
you can change the destination of this OIT-made alias to any
mailbox at Duke. So, if you want all mail sent to the alias to               Brian See may be reached at either brian.see@duke.edu or
go to your acpub account instead of your law school account,                 ps3227@student.law.duke.edu. Not hard to tell which one is
it’s not a problem. (You may not, however, direct your mail to               easier to remember, is it?

Application deadline approaches for IOLTA Public Interest Internships
By Maria Mangano
      Adequate summer funding is often a problem for students who            tell them you would like to apply for an IOLTA internship. At that
wish to pursue careers in the public sector. But for those students          point, you go through whatever process the organization requires to
interested in enjoying a summer in North Carolina, this problem has a        obtain an offer of summer employment.
solution: IOLTA public interest internships. These internships are                 Once you have secured a position, complete the IOLTA applica-
awarded to selected students who have secured a position with a pub-         tion, also available in OCS, and return it to OCS. The application is
lic interest organization in North Carolina previously approved by the       just a page long and requires a short essay of two pages or less. The
IOLTA Board. Both 1Ls and 2Ls are eligible for these internships.            six IOLTA interns are then selected among the applicants by a law
      IOLTA, which stands for “Interest on Lawyers Trust Accounts,”          school committee chaired by OCS Assistant Director Kelly Voight.
is administered by the North Carolina State Bar. Every year, the Bar               Duke IOLTA recipients for Summer 1998 and their placements
awards a grant to each of North Carolina’s five law schools. The total       were: Michael Buckler ‘00 (Children’s Law Center of Durham), Su-
grant awarded to Duke for the summer of 1999 is $18,000, which               san Elter ‘00 (Duke AIDS Clinic), Maya Horton Harris ‘00 (East
will fund six internships of $3,000 each. This year’s application deadline   Central Community Legal Services, Raleigh), Matthew McConnell
is Friday.                                                                   ‘00 and Lizette Richards ‘00 (North Central Legal Assistance Pro-
      Applying for IOLTA funds is a two-step process. First, the stu-        gram, Durham), and Michael Winter ‘99 (Center for Death Penalty
dent must secure a summer position with an approved organization,            Litigation, Durham). It is even possible to receive funding for two
and second, fill out and submit the IOLTA application. A list of ap-         consecutive summers, as demonstrated by Tom Fulghum ‘98, who
proved placements is available in OCS, and includes such organiza-           worked with the Durham Public Defender one summer, and the Or-
tions as the Southern Environmental Law Center, the North Carolina           ange/Chatham PD the following year. It’s not too late to apply!! If you
Civil Liberties Union, as well as Public Defender and Legal Aid of-          have further questions, please contact Kelly Voight or Maria Mangano
fices across the state. You can contact the organization(s) in which         in the Office of Career Services.
you are interested, either by phone or letter (include your resume), and
Page 8                                                     Duke Law Reporter                                               February 22, 1999
Faculty Profile: Professor Jim Coleman, A fighter for fairness and justice
By Amy Bomse
If you want to know how many awards your professor has won or               cal in 1989 after Bundy’s execution and came down here to play golf.
where he went to law school or how many long titled articles she has        Then the dean convinced me to teach a seminar on the death penalty.
written, you can check out the faculty profiles on the website. The         I taught at Duke from 1991-93 and then returned in 1996.
faculty column of the Duke Law Reporter will therefore aim to do
something else, to give us law students a few insights into the views,      Do you find teaching very different from practicing law?
interests and extracurricular projects of members of the Duke fac-          Not really. I think teaching is a lot like appellate arguments. You are
ulty. Additionally this column will report on the other on-going Law        always overprepared, you go in with a few points you want to make,
and Teaching Colloquium and possibly other legal academic news,             but then sometimes the judges aren’t interested. A good lawyer will
as it comes along.                                                          just drop those. In class, you have to allow discussion to flow where
                                                                            there is interest.
Professor Jim Coleman is currently teaching criminal law to me and
about sixty of my first-year colleagues. I knew that he had been in-        Was there anyone in particular who influenced your teaching style?
volved with death penalty litigation and also with sports law, co-rep-      Not particularly. I mean, there were teachers I liked a lot. As a student,
resenting Olympic track star Mary Slaney with his wife, Professor           I liked teachers who gave a broad view of the law.
Doriane Lambelet Coleman, also a professor at Duke Law School. I
was interested to hear about his past and current projects and how          In class on the first day, you made a joke about “all the laptops.”
teaching law compares to his experiences as a partner in a large Wash-      What did you mean by that?
ington, D.C. firm. Despite his busy schedule, Professor Coleman kindly      Students take so many notes in class. Those computers create a typing
took a little time to be the first interviewee for the Faculty Column of    racket, and meanwhile the students who are so busy typing are miss-
the Duke Law Reporter. (In the interests of total disclosure, I did not     ing what their classmates are saying. Sometimes the best stuff is said
have a tape recorder — not even a fully functioning ball point pen —        by students. There is a sense that everything the professor says is
for the interview so all quotes are subject to the vagaries of a law        worthy of being written down. Class time is discussion time, it’s time
student’s memory.)                                                          to think about the integrity of the decision, whether you think it was
                                                                            right, not what the rule in the case is. You don’t need to know the rules.
Tell me about your work in death penalty cases.                             You want to be able to move beyond rules, to be critical.
I got my first case was in 1983 while I was working for my firm,
Wilmer, Cutler & Pickering, in Washington, D.C. We were called in           Do you think that the students’ interest in rules has to do with the
at the last minute to represent an inmate on death row in Florida. He       emphasis on exams and grades in law school?
had already gone through a round of habeas and was in what is known         Sure. Grades contribute to students wanting answers. The problem
as “the successor,” which is rarely successful. The result was we won       with trying to teach sometimes is that students are afraid to take chances.
a new sentencing trial after arguing that his conviction was in viola-      You need to be willing to take a leap. What law school should do is
tion of the Constitution due to the original jury instructions, which did   give you the tools to make leaps with the confidence that at least you
not permit the jury to consider certain mitigating factors. So that was     won’t fall totally into the abyss.
a success, and he’s still living. Next, I represented Ted Bundy from
1986 until his execution. Again, the firm was called in last minute.        At my firm, I worked with a lot of associates. Associates liked work-
Bundy is the only client I have had who was eventually executed. I          ing with me because I gave them a lot of responsibility, but I was also
attended his execution. I really felt our claims were meritorious so I      demanding. I made them solve the client problem, which is what we
felt that his execution meant that the courts and the system had failed.    are being paid to do. One day, this associate came to me and said, ‘I
It was also a personal loss because in those kinds of cases you get to      have an idea but it may be stupid.’ I hate that. Just tell me the idea and
know the person you are representing.                                       then we’ll see if it is stupid. Turned out he had a good idea. An idea
                                                                            that saved the client $50 million. That’s what we need to teach young
I know that you also were involved with the ABA’s recent death              lawyers.
penalty resolution.
Yes, I am the chair-elect of the ABA section on individual rights,          Can you tell me about the Mary Slaney case? How did it begin?
which deals with civil liberties and human rights. We convinced the         It started in 1996 at the Olympic trials. Each athlete had to provide a
ABA to pass a resolution calling for a moratorium on death sentences        urine sample. Her sample came up with a higher ratio of testosterone
in order to try to correct the current problems with the system.            to epi-testosterone, which they claim is evidence of taking hormones.

How did you move from practicing to teaching?                               How did you end up representing her?
I always meant to teach and didn’t intend to practice for so long. It’s     It was Doriane. She used to run with Slaney. The head of Nike called
just that I enjoyed my firm and practice so much. But I took a sabbati-     her up and asked her to get involved.
                                                                                                                       See Coleman, Page 9
February 22, 1999                                                Duke Law Reporter                                                                      Page 9
Three students to attend National Public Interest Retreat
By Sabrina Truong
     The Robert M. Cover Public Interest               to social justice and civil rights. Cover en-                  “It’s a chance to network, to find out
Retreat is an annual event that gives law              visioned an annual retreat that would give                how other people have made it in the pub-
students, practitioners and academics the              law students, practitioners and academics                 lic sector,” said Miskinis, a 2L who plans
opportunity to share their interest in public          a chance to share their experiences with oth-             on working for the Natural Resources De-
interest law with others. Participants from            ers. After his death, his friends and fellow              fense Council in Washington, D.C. this
around the country come together to talk               activists actualized his dream by organiz-                summer. “It’s also a chance to reaffirm your
about their experiences of the past and their          ing this annual conference.                               committment to public interest work, which
visions of the future. This year, five indi-                The twelfth annual retreat is entitled               is oftentimes hard to do, particularly at
viduals from the Duke law school commu-                “Embracing the Edge: Public Interest Law                  Duke, which has an stronger emphasis on
nity will be attending the retreat. The three          at the Abyss” and will be held at Sargent                 private sector lawyering,” he said.
students are Demetria Titus, Steve Miskinis,           Camp in New Hampshire on the weekend                      Two local attorneys have generously do-
and Tricia Standaert. Professor Catherine              of March 5-7. The Cover Retreat Commit-                   nated funds to establish scholarships for the
Admay, Professor of the International De-              tee has planned a variety of inspiring                    Cover Retreat: Don Beskind, from the Ra-
velopment Clinic, and Cindy Adcock, the                speeches, panel discussions and workshops.                leigh firm of Twiggs, Abrams, Strickland
law school’s pro bono coordinator, also will           Participants will have the opportunity to                 & Trehy, and Robert Glenn, from the
attend.                                                interact with other individuals who are ei-               Durham firm of Glenn, Mills & Fisher. Both
     The retreat was established in honor of           ther practicing or planning to practice pub-              attorneys serve adjunct professors of Trial
the late Robert Cover, an activist dedicated           lic interest law.                                         Advocacy at Duke Law.

How does our tuition get spent? Ask Mr. Brad...
  “The Truth Is Out There. Ask Mr. Brad”                           Laser Printing                    48%         then it dawned on me that sometimes, just some-
Dear Mr. Brad,                                                     Parking Enforcement               36%         times, you have to take matters into your own
    How does my $25,000 tuition get spent?                         Doughnuts with Deans              12%         hands. I thanked my intern, wrote him a nice
How much of that goes to faculty, maintenance,                     Other                             4%          recommendation letter, and then sent all the staff
Duke, etc?                                                   However, I was not satisfied with these in-         home early. I needed to be alone in the office for
                  With great admiration,               formal results. I decided that this was a situa-          what was to come next. It was time to go to the
                  Accountability                       tion which called for actual facts. So I sent my          top. I sat down in the Ask Mr. Brad computer
                                                       Spring intern down to the office of Sherry                lab, and wrote an email directly to Dean Gann,
Dear Accountability,                                   Caplan, the school’s Administrative Manager.              herself. Dean Gann responded a few days later
     This is a complex question, one which re-         The intern reported that Sherry was very help-            with actual figures, ones which do not exactly
quires a great deal of research. The answer is         ful and supportive, but that these figures do not         answer the question, but which allow me to claim
elusive, and I am not sure whether I am able to        actually exist. I am not being witty, here, this is       that this column contains genuine facts. She
give you an adequate one right now. However,           actually the truth. However, Sherry said that             explained that “Tuition covers 70% of the total
I will (as always) strive to do my best. Upon          she would try to calculate a rough distribution           operating budget, including direct and indirect
receipt of your letter, I instantly engaged my         of tuition-based expenditures as soon as she has          expenditures. The other 30% is covered by gifts,
crack survey staff to do an informal poll of Law       completed this year’s budget. So with luck, I             income from endowment, and so on.” So, dear
School students, to determine what the average         will be able to provide you with further results          Accountability, this is the best which I am able
student thought their tuition money was being          in late March. Now, this was all well and good,           to do for you at this time. But I promise to work
spent on. The results of the poll (with a stan-        but it left me dissatisfied. I put a lot of effort into   with Sherry Caplan to come up with as good an
dard error of 3%) are as follows:                      these Ask Mr. Brad columns, and I hate to leave           answer as possible.
                                                       my fans in the dark about pressing issues. And               “The Truth Is Out There. Ask Mr. Brad.”

Coleman
Continued from Page 8                                                                                            Contributors
What happened after the test resuls?                   that lacks integrity. After this case finishes, we        Hard News and Soft Features: Alex
They did a crappy investigation. They hadn’t           are going to change the rules. We’re hosting a                Dale, Barb Goffman, Alyssa
done research on women. It turns out that there        conference on drug testing here at Duke next                  Rebensdorf, Susan Rozelle.
are many ways the ratio can be off. They (U.S.A        summer.                                                   Opinions - Ours and Yours: Alyssa
Track and Field, and the U.S. Olympic Com-                                                                           Rebensdorf, Barb Goffman.
mittee Amateur Athletic Federation) know their         Note: Since our interview, Professor Coleman              Ask Mr. Brad: Brad Rogers.
test is no good. But they don’t want to admit it       spent several days in in Monte Carlo defending            Student Organizations:Demetria Titus.
because they don’t have anything else. Mean-           Slaney before the International Amateur Ath-              Faculty Profiles: Amy Bomse.
while, this was leaked to the press making Slaney      letic Federation. Although the Federation found           Career Services: Sabrina Truong.
look like someone who cheats and some kind of          her guilty, Professor Coleman believes that it is         Financial Aid and Admissions: Lenny Cole.
freak. The press presented it all wrong, saying        clear to everyone involved that the decision was          On the Technology Front: Brian See.
she had high levels. At this point, even if she        unfair. One final note: Last week, Professor              What’s Happening: Kristi Bowman.
loses, the test has no credibility. They know this     Coleman became the proud owner of a signed                For Sale / Want Ads: Alyssa Rebensdorf.
system is as bad as the bribery in selection of        copy of the Starr Report, which he purchased at           Layout / Online: Brian See.
cities. Their idea is to sacrifice innocent athletes   the PILF auction for $400.
because they don’t have a better test. But we say
Page 10                                                   Duke Law Reporter                                             February 22, 1999

New tax credit saves students big bucks
By Lenny Cole
     Many law students can reduce their federal income tax liability      qualified tuition and related expenses. The credit begins to phase out
by taking advantage of the new “lifetime learning” credit, one of two     as a taxpayer’s modified adjusted gross income exceeds $40,000,
education credits new for 1998. The lifetime learning credit can re-      and is eliminated at $50,000. (The phase-out range is $80,000 -
duce a qualifying taxpayer’s income tax by as much as $1,000 each         $100,000 for married taxpayers filing jointly.)
year.                                                                          Qualified expenses include “tuition and fees required for ... en-
     How does one take advantage of this fabulous offer? You have         rollment or attendance” at an eligible institution such as Duke. Living
probably received from the university a Form 1098-T (looks like W-        expenses, insurance, student activity fees, and most books are among
2), a list of charges and payments to your Duke account, and some         education-related expenses that are not qualified. The qualified ex-
general information about the education credits. (The Hope Credit         penses must be reduced by the amount of scholarship and other pay-
mentioned in that information applies only to students in the first two   ments that are excludable from the taxpayer’s gross income. Presum-
years of postsecondary education.) In addition to this information, to    ably, the amount “paid” by a student for qualified tuition and related
claim the credit you will need Form 8863 and perhaps Publication          expenses would include funds from student loans, even if paid di-
970, both of which are available on the IRS website, http://              rectly to the university ¼ but don’t quote me on that.
www.irs.ustreas.gov/prod/forms_pubs/. Once you get the stuff, just             Only one person can claim the lifetime learning credit for a given
follow the simple instructions.                                           student. If a student is claimed as a dependent by another, only the
     Better yet, you can get what you need, including assistance from     supporting taxpayer can claim the credit. In such cases, any qualify-
an IRS-certified classmate, from the law school’s Volunteer Income        ing tuition paid by the student can be treated as though paid by the
Tax Assistance (VITA) table at the Bryan Center, 12-3 p.m. on the         supporting taxpayer. Conversely, if a student is not claimed as a de-
following Mondays: today, March 1, 8, 22, 29 and, for fellow pro-         pendent, only the student can claim the credit.
crastinators, April 12.                                                        A student who received a tax-free distribution in 1998 from an
The fine print                                                            education IRA may not qualify for the credit. However, such a stu-
     The lifetime learning credit and the deduction for student-loan      dent may get a second chance at the lifetime learning credit by electing
interest can only be claimed on Forms 1040 and 1040A – not on             to be taxed on the IRA distribution.
1040EZ. However, neither of these favorable tax provisions require             Finally, for fellow tax geeks, the education credits are codified at
that you itemize deductions.                                              I.R.C. § 25A. For an exciting example of how the tax code deals with
     The amount of the lifetime learning credit is equal to 20 percent    a phase out, take a look at subsection (d).
of up to $5,000 paid between June 30 and December 31, 1998 for                 Tune in next issue for the low-down on another new tax break to
                                                                          cheer about: the deductibility of interest paid on student loans
Bon Appetit! Study abroad gets high marks
By Andrea Darling
     The chocolate sauce oozed into my mouth. I savored my hot                 So I went to France for the fall semester.
crèpe as I strolled along the banks of the Seine. After three weeks            Five classes (including European Community Law, Private In-
spent traipsing around western Europe, backpacking in the Balearics       ternational Law, and International Criminal Law) occupied the time I
and frolicking in fjords, I had just returned to the French capital to    didn’t spend scanning the Pariscope for ballet and opera performances,
begin a semester of law school at the Université Panthéon-Assas.          museum exhibits, Beaujolais nouveau offerings, and flea market ad-
     Now, I’ll admit that spending a semester abroad for me was a         ventures. I listened to guest lecturers speak on the future of the Euro-
no-brainer. Prior to law school I’d had the good fortune to travel to     pean Union and novel methods ofcombating international terrorism.
Europe half a dozen times, and once again looked for an overseas          Among students of various nationalities, I developed an understand-
opportunity as soon as I was called on in my first Contracts class.       ing for alternative judicial systems and examined legal questions from
Despite the numerous considerations that might have kept me               a host of perspectives. I lounged in cafés with French students, trad-
States-side (e.g., husband, house, clean sidewalks, Labor law-in order    ing world views and sharing
of increasing importance), I thoughtfully weighed the factors. Three           underlying assumptions of our respective legal educations, each
minutes later, I bought a plane ticket.                                   informed by distinct historical and cultural traditions. Over the course
     Facing my third year of law education, I knew that after 23 years    of the semester, I came to appreciate the st Fred said, adding that his
of schooling, I soon would be entering the working world-a world of       time studying in South America helped focus his choice of specialty
cherished reminiscing over the luxurious schedule of student life; a      in New York corporate practice.
world where vacations last a mere two weeks (gasp!). All too soon,             If your foreign language skills are dauntingly rusty, fear not;
     my frenzied nights wandering down the Ramblas in search of a         there are abundant offerings in English-speaking exchanges. Duke
vacant bed in a youth hostel; cozy mornings enjoying fresh baguettes      Law students can apply to spend fall or spring semester on various
and camembert on the Eurostar while zooming through the Chunnel;          programs, including those in Denmark, Belgium, South Africa, Hong
late afternoon jogs counting the prostitutes through the Bois de          Kong and Australia. For example, 3L David Dummer is currently
Boulogne; these fond moments would all become a distant memory. I         “studying” at Bond University in Australia. In addition to enjoying
imagined myself as a young associate gazing dreamily at a picture of      the beautiful beaches (in the middle of February-it’s summer down
Notre Dame by twilight, as reality would snap me back to the Code of      under), David raves about his small seminars. David’s classes, which
Federal Regulations and federal disability law. “Toodaloo!” I would       are all “international or global in flavor,” are providing him with a
long to say to the assigning attorney, “The Latin Quarter is calling!”                                           See Study Abroad, Page 11
February 22, 1999                                           Duke Law Reporter                                                               Page 11
Your firm has dissolved. Now what?
By Barbara Goffman
      Dan Young was surfing the web a week before finals last                      “Bogle had their best year last year. They hadn’t just lost
April when he came across horrifying news.                                   any big clients. And corporate wasn’t a huge practice group. It
      The firm he was supposed to start clerking for in just a few           was not their cash cow,” he said.
weeks had voted to dissolve.                                                       Bogle’s recruiting coordinator is trying to find jobs for the 3Ls
      “I kind of freaked out,” said Young, who was then a 2L. “I             who were supposed to start working there this fall, as well as for the
read about the dissolution on the New York Law Journal web                   2Ls who had committed to the firm for the summer, Anstett said.
site. I hadn’t heard this from the Donovan people. I figured I was                 Firms that dissolve are not required legally to help students
just out in the cold.”                                                       who had accepted offers for full-time or summer employment
      New York City-based Donovan Leisure Newton & Irvine                    find new jobs, said Bob Smith, assistant dean for career services.
closed up shop last spring after more than sixty years in busi-              But students often receive offers from the firm or firms that ab-
ness. Although the firm’s demise had been rumored in New York                sorb practice groups from the dissolved firm, he said.
for months, Young had heard nothing but positive words from                        That’s what happened to Young and Rahul Maitra, a 3L
Donovan’s attorneys.                                                         who also had planned to work for Donovan last summer. Within
      “A partner at Donovan called in January or February and                a couple days of Donovan’s dissolution, Orrick called Young and
said he wanted to clue me about the possible merger with Orrick.             Maitra, offering them summer-associate positions.
There was no tone of uncertainty or danger. So I had no cause for                  “I was disappointed Donovan was gone, but since everyone
alarm,” Young said.                                                          [in litigation] was moving over, I figured I’d just try Orrick out,”
      But the merger talks with Orrick, Herrington & Sutcliffe               Maitra said. “Donovan did mostly litigation. Orrick did corpo-
eventually fell apart. Instead, Donovan’s litigation group — the             rate. So I figured this was a chance to try something different. It
core of the firm — moved to Orrick, and Donovan voted to dis-                worked out well. You don’t really know what a firm will be like
solve.                                                                       until you get there. It turned out I liked the Orrick work better
      It certainly wasn’t the first major law firm to close its doors,       than the Donovan work.”
but such dissolutions have not been expected in recent years be-                   But the two days of uncertainty were trying, Young said.
cause the economy has been so strong. Consequently many in the                     “It was really all I thought about for a couple days, and during
legal field were caught off guard Feb. 3 when Seattle-based Bogle            finals time, a couple days could be really a lot of time to lose,” he said.
& Gates announced its dissolution.                                                 Smith recommends that any student who hears rumblings that
      “I had heard a week before ... that part of the corporate group        his or her firm may dissolve should immediately come see him.
had left, maybe nine lawyers,” said 3L Michael Anstett, who                        “I would make a phone call for that person,” Smith said.
clerked for Bogle last summer and was considering returning                  “You certainly have a right ... to know what’s going on.”
after a year-long clerkship. “I had no interest in corporate, so I                 Once a student learns that his or her firm will close its doors,
really didn’t think twice about it. They’ve got 30 other practice            Smith recommends calling any other firms whose offers the stu-
groups, so for them to lose corporate didn’t seem to be a big deal.”         dent had declined. The student should explain the situation and
      Anstett thus was surprised when a friend told him a week               tell if he or she is calling other firms, too, Smith said.
later that Bogle planned to close shop on March 31. He immedi-                     Young has some additional, practical advice.
ately called two attorneys at the firm.                                            “Don’t panic. You’ll probably end up with a job. While a lot
      “They both said it was kind of shocking,” he said. “They               of firms oversubscribe with summer associates, some also
said people had been demoralized, maybe not confident that the               undersubscribe,” and they will be able to make offers to students
firm would last. Little things had happened over the last year that          suddenly left without a job, he said.
had made some people — a lot of people — line up their ducks,                      Young also suggests students investigate firms’ finances care-
just in case. They had their resumes fixed up, not anticipating Bogle        fully before committing. “Apparently there were rumors about
would close up, but that they would go for personal reasons.”                Donovan’s financial instability while I was going through the
      And like a stock market crash, the more attorneys who pre-             interview process in the fall,” he said. “I suppose if I had been
pared to jump ship, the more other Bogle attorneys did the same.             more meticulous, I could have found out. My general advice:
      The dissolution’s cause “must have been psychological, be-             Don’t primarily go on gut instincts. Try to find out the word on
cause it certainly wasn’t financial,” Anstett said.                          the street. The firm literature isn’t going to tell you if a merger or
                                                                             dissolution is imminent.”
Study Abroad
Continued from page 11
different perspective and a novel look at how academics in another           Paris). Given that several years will probably pass before I’ll have the
country view the U.S. model. While snacking on a Vegemite sand-              chance to stare with wonder over the olive groves dotting the
wich (talk about global flavor), David noted that, “A semester abroad        Guadalquivir River Valley, hike the leaf-lined paths overlooking
is the perfect opportunity to supplement Duke’s legal education with         Interlaken, or witness a homicide trial before a French magistrate, I
the legal and life experience of studying in a foreign country.”             am delighted that Duke Law offers us such opportunities. Enjoy them.
      Overall, studying law abroad has profoundly enriched my legal
education, providing me with a full semester of comparative study            Note: Deadline for fall ’99 applications is March 5. See Tonya Jacobs
(i.e., by the end of four months I had located the finest eclair in all of   for more information and an application.
Page 12                                             Duke Law Reporter                                          February 22, 1999

Group Scoop
     The Sports and Entertainment Law        participating, email Brian Turlington         board for the 1999-2000 school year:
Society will once again host a basketball    (bt3111) or Gabe Feldman (gf2815). The        Editor-in-Chief: Connie Neigel, Manag-
tournament to support the V Foundation.      Sports and Entertainment Law Society will     ing Editor: Jill Dash, Executive Editor:
The V Foundation is named after former       also be having a meeting on Tuesday at        Isha R. Rauchle, Articles Editors: Chris-
N.C. State basketball coach Jim Valvano.     12:35 in room 3037 to discuss the tourna-     tine DeMott, Bonnie Morgan, Yana
Valvano died from cancer several years ago   ment. If you have any interest in helping     Yanovsky, Joshua McCarthy, Licha
and the V                                    out with the tournament, please attend this   Nyiendo, Elizabeth Holt Special Projects
     Foundation was formed after his death   meeting.                                      Editor: Michael Treisman, Senior Edi-
to raise money for cancer research. Coach         The Black Law Students’ Associa-         tors: Kevin Anderson, Mirah Horowitz
K and Dick Vitale both play very active      tions of Duke, UNC and NCCU are                   The Duke Law Journal announced
roles in supporting the V Foundation. This   co-sponsoring a spring cabaret, “An           the election of the following board for
year’s tournament will host teams from       Evening of Elegance”, on Saturday at the      the 1999-2000 school year:
other graduate and professional schools      downtown Durham Marriot. This semi-           Editor-in-Chief: Kevin Cuddy, Executive
playing preliminary rounds here at Duke      formal event will feature a live jazz band,   Editor: Pam Quinn, Managing Editor:
and in Chapel Hill. The finals will take     DJ and hors d’oeuvres. Tickets are $20.00     Michael Kimmel, Article Editors: Brian
place on the evening of April 10th in        for individuals, $30.00 for a couple, and     Bowcut, Rod Chen, Nathan Saunders,
Cameron. The tournament should prove         will be on sale during the lunch hour today   Scott Thompson, Senior Note Editor:
to be a good time with the money going to    or through Nicole Clement (nc3224)            Neal Hudders, Note Editors: Carrie
a worthwhile cause. If anyone has friends,        Law and Contemporary Problems            Bordewick, Duncan Douglass, Adam
contacts, relatives, etc. at other grad      announced the selection of the following      Miller, Meg Sullivan, Special Projects
schools schools who might be interested in                                                 Editor: Korin Ewing
What’s Happening: February 22 - March 7
Monday, February 22                              loquium, Professors Jim Coleman               a.m. - noon, Bryan Center, von
• Informational meeting for 1Ls about            and Diane Dimond, 6:35 - 8 p.m.,              Canon A
  the Hardt Cup Tournament (Moot                 Rm. 3032                                  • “An Evening of Elegance,” Tri-BLSA
  Court), noon, Rm. 3037                                                                   Spring Cabaret, 8:00 p.m. - 1:00 a.m.,
• Professor Paul Carrington,”Judicial        Wednesday, February 24                        Durham Marriott
  Interpretation and Accountability in       • Grant Neiman, War Crimes Tribu-
  State Courts,” 12:10 p.m., Blue               nal at the Hague, 10-11 a.m., Rm.          Monday, March 1
  Lounge, sponsored by the Program              3032, sponsored by the International       • Title IX discussion led by student Katie
  in Public Law and the Office of Stu-          Law Students Association                     Nesbitt, 12:10 p.m., Blue Lounge
  dent Affairs                                                                             • Durwood Zaelke,’72, President,
• Thank you party for staff who helped       Thursday, February 25                             Center for International Environ-
  prepare clerkship letters, 4:00,           • “A Crisis in Early Chinese Nation-              mental Law, noon
  Burdman Lounge                                alism,” Dr. Robert Perrins,
                                                12:30-1:30 p.m., Rm. 4039, spon-           WANTED:
Tuesday, February 23                            sored by the International Law Stu-        Trial Practice witness: Each year the Civil
• Lexis Refresher classes: The 11:10            dent Association                           Pretrial/Trial Practice class employs wit-
   a.m. and 1:10 p.m. classes will fo-       • “Politically Queer,” dinner discus-         nesses for the course. At this time, we need
   cus on using Lexis on the WEB, re-           sion (no charge) at Duke Women’s           a witness to play the part of an expert psy-
   searching for first year appellate           Center, 5:15 - 7 p.m., sponsored by        chological witness to be employed by the
   briefs, conducting a public interest         the Duke Women’s Center and Duke           defense to testify about the post traumatic
   job search and shephardizing. The            Center for Lesbian Gay Bisexual and        stress disorder alleged by the plaintiff in
   12:10 p.m. class will focus on using         Transgender Lifestyles                     the case that is to be tried in the spring. It
   Lexis to find a public interest job.                                                    would be preferrable if you had some prior
   Sign up for classes in the notebook       Friday, February 26                           experience with psychology (although the
   at the reference desk.                                                                  witnesses from last year did quite well with-
                                             • “The Symbol Problem: Computation            out any). The time commitment is approxi-
• “Killing the Black Body”: a discus-            and Representation -- a Biological        mately 25 hours spread out over the remain-
   sion about race, reproduction, and            Perspective,” Terrence W. Deacon,         der of the semester. The pay is similiar to
   the law, Public Interest Book Club,           4-6 p.m., 136 Social Sciences Build-      what is paid for work study, although you
   12:10 p.m., Rm. 3032                          ing                                       do not have to qualify for work study to be
• Sports and Entertainment Law So-                                                         employed. Serving as an expert will not
   ciety meeting, 12:35 p.m., Rm. 3037,      Saturday, February 27                         preclude you from taking the course next
   to discuss the Jimmy V tournament         • “An Evolutionary Critique of                year. If you are interested and would like to
• “The Role of Law Schools in Legal              Computationalism,” panel discus-          hear more, e-mail
   Skills Training” Law Teaching Col-            sion with Terrence W. Deacon, 10          glenn@gwmail.law.duke.edu.

				
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