Faculty News 2002

  • Searching for a Hollywood Ending
    December 31, 2002
    David Lange professor of law and an expert on intellectual property, comments to Canada's The Globe and Mail on the controversy arising from Hollywood studios' efforts to block a documentary that contends more than nine billion people die in the 25 most-watched movies of all time in North America.
  • American Pilots to Face Military Court
    December 23, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments on the CNN American Morning with Paula Zahn show about the case of two American pilots who face a military court related to a friendly fire incident in Afghanistan. The pilots claim that amphetamines supplied by the military played a role in the deadly incident.
  • Mekki's case ended quietly, left many questions
    December 20, 2002
    Heather MacKenzie, senior lecturing fellow, comments to the Winston-Salem Journal on the case of Mekki Hamed Mekki, who gained national attention for possible ties to terrorist organizations. Mekki pleaded guilty Dec. 18 in U.S. District Court in Winston-Salem to charges that he falsified information to obtain a tourist visa, improve his chances in the U.S. Diversity Lottery, and apply for asylum. [Registration required]
  • Prosecutors, Regulators Announce Settlement with Securities Firms
    December 20, 2002
    James Cox, Brainerd Currie professor of law, comments on The News Hour with Jim Leher about a $1.4 billion settlement involving claims of conflicts of interest at high-profile Wall Street securities firms.
  • Can a Bloodied S.E.C. Dust Itself Off Now and Get Moving?
    December 16, 2002
    James Cox, Brainerd Currie professor of law, comments to The New York Times about the Securities and Exchange Commission's efforts to rebound from a series of problems including staffing and budget issues.
  • Excessive Lawsuit Awards
    December 12, 2002
    Neil Vidmar, Russell M. Robinson, II, Professor of Law and Professor of Psychology, comments to CNNfn's Money & Markets on a case before the U.S. Supreme Court involving a $145 million punitive damage award against State Farm Insurance that big business calls grossly excessive. [Transcript not available]
  • CIA's License To Kill
    December 4, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, quoted by CBS regarding the Bush administration's definitions for lethal covert action.
  • The Activist's Dilemma: What to do about Iraq?
    December 4, 2002
    Michael Byers, associate professor of law, comments to Canada's The Globe and Mail about Amnesty International's position on Iraq and pressure against the regime of President Saddam Hussein.
  • Officials: American al-Qaeda can be targeted and killed
    December 3, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, quoted in USA TODAY regarding the Bush administration's rules for lethal covert action.
  • France Inc. Fumes at Ratings Agencies
    November 20, 2002
    Steven Schwarcz, professor of law, is cited in The Wall Street Journal after writing in a recent law-review article about the furor over ratings
    agencies' downgrades of French companies. [Registration required]
  • September 11 Victim's Husband to Participate in Prosecution of Terror Suspect
    November 12, 2002
    Ralf Michaels, associate professor of law, comments on MSNBC's Nachman show about how an American whose wife died in the Sept. 11 attack on the Pentagon has been allowed to play a role in the prosecution of a terrorism suspect in a German court. [Transcript no longer available]
  • Moussaoui Trial
    November 11, 2002
    Scott Silliman, professor of the practice of law and executive director of the Center on Law, Ethics, and National Security, comments to National Public Radio's All Things Considered about whether the trial of Zaccarias Moussaoui could be moved to a military tribunal. Moussaoui, accused of conspiring with the Sept. 11 hijackers, is facing charges in federal court in Alexandria, VA.
  • No to a Far-Right Court: Use Filibusters
    November 11, 2002
    Erwin Chemerinsky and Catherine Fisk, visiting professors, write in an op-ed piece in the Los Angeles Times that Democrats should use filibusters to block conservative appointments and prevent a conservative takeover of federal courts. [Registration required]
  • Assassination from Afar
    November 7, 2002
    Scott Silliman,professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, talks with National Public Radio and WBUR Radio's The Connection about a recent U.S. drone strike in Yemen against alleged Al Qaeda operatives that left six dead and opened a murky legal and moral battlefield.
  • Justices Study "3 Strikes"
    November 6, 2002
    Erwin Chemerinsky, visiting professor, argued before the U.S. Supreme Court that his client's sentence, a product of California's three-strikes law, was vastly out of proportion to his crime of shoplifting three videos. The Chicago Tribune notes that the client, Leandro Andrade, convicted of several burglaries 13 years before, was sentenced to life in prison without a chance for parole for 50 years. The shoplifting charge normally would have been punishable by 6 months in prison. [Registration required]
  • Three Strikes Law
    November 5, 2002
    Erwin Chemerinsky, visiting professor of law, comments to National Public Radio's Morning Edition on California's "Three Strikes" law and the related case he is arguing before the U.S. Supreme Court.
  • Ernst & Young Auditors Could Face SEC Charges
    November 1, 2002
    James Cox, Brainerd Currie professor of law, comments to the Los Angeles Times on the case of three auditors who worked for Ernst & Young who might be charged by the Securities and Exchange Commission in connection with an alleged accounting scheme that might have cost Cendant Corporation $3.2 billion. [Registration required]
  • Questions raised over William Webster's appointment to accounting oversight board
    November 1, 2002
    James Cox, Brainerd Currie professor of law, comments to National Public Radio's Morning Edition on the investigation of the Securities and Exchange Commission's inspector general into how William Webster was chosen to head a new accounting oversight board.
  • Military Recruiting
    October 30, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments on National Public Radio's All Things Considered about a report on the military's demand to have the right to recruit students at high-profile universities which have tried to keep the armed services out. [RealAudio]
  • Justice Dept. Has Leverage in Decision on Who Tries Sniper Suspects First
    October 29, 2002
    Sara Sun Beale, Charles L. B. Lowndes professor of law, comments to The New York Times on double-jeopardy concerns related to the sniper suspects and where they will first be tried.
  • Bush's elite team winning legal fight in war on terror
    October 26, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to The Houston Chronicle on the Bush Administration's response to legal challenges in the war on terrorism.
  • Ex-F.B.I. Chief Seen as Choice for Accounting Post
    October 25, 2002
    Jim Cox, Brainerd Currie professor of law, comments to The New York Times on the Securities and Exchange Commission's choice of William H. Webster, the
    former F.B.I. and C.I.A. director, to head a new agency regulating the accounting profession.
  • Law professor predicts reforms in system
    October 23, 2002
    Bob Mosteller, Harry R. Chadwick, Sr. Professor of Law and a nationally-known legal scholar and writer, comments to The Register-Guard of Eugene, OR on likely criminal justice system reform efforts.
  • Reform could be bitter pill for Street; Fixing system's checks, balances could be costly
    October 23, 2002
    Jim Cox, Brainerd Currie professor of law, tells USA Today that barriers between research and investment banking should be improved.
  • Duke to study public domain
    October 20, 2002
    James Boyle, William Neal Reynolds professor of law, describes Duke Law School's new Center for the Study of the Public Domain to The Herald-Sun of Durham. [Registration required]
  • Player's '98 suit vs. coach is in limbo
    October 13, 2002
    Tom Metzloff, professor of law, comments to The News & Observer on the sexual harassment lawsuit filed by Debbie Keller, a former UNC soccer player, against legendary UNC soccer coach Anson Dorrance. Four years after the filing, her complaint has yet to be resolved in U.S. District Court in Greensboro. [Registration required]
  • Larry Lessig vs. Hollywood
    October 9, 2002
    James Boyle, William Neal Reynolds professor of law, quoted in the Chicago Tribune on a U.S. Supreme Court case that will examine copyright protection, and extension of that protection, afforded to authors, film-makers and others. [Registration required]
  • Not so far out after all
    October 7, 2002
    Erwin Chemerinsky, visiting professor of law, comments to The National Law Journal that many criticisms of the 9th U.S. Circuit Court of Appeals, which held unconstitutional the words "under God" in the pledge of allegiance, and Judge Stephen Reinhardt, who ruled with the majority, are inaccurate and unfair. Professor Chemerinsky states that suggestions by some critics that impeachment should be considered pose a threat to judicial independence.
  • The Poor Play More
    October 7, 2002
    Charles Clotfelter, Z. Smith Reynolds Professor of Public Policy Studies, Professor of Economics and Law, tells The Hartford Courant that lottery officials across the country put profits ahead of other concerns, which leads to conflicts with other state interests.
  • High Court Scene of Showdown on Copyright Law
    October 6, 2002
    James Boyle, William Neal Reynolds professor of law, quoted in The Los Angeles Times on a U.S. Supreme Court case that will examine copyright protection, and extension of that protection, afforded to authors, film-makers and others. Professor Boyle has filed a brief on behalf of Michael Agee and Hal Roach Studios, which has restored early Laurel and Hardy films. [Registration required]
  • Immigrant Rights at Issue
    October 6, 2002
    Heather MacKenzie, senior lecturing fellow, comments to the News & Record of Greensboro about U.S. deportation proceedings.
  • CBS News
    October 4, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments on CBS News' The Early Show about the John Walker Lindh case.
  • Team ready to reform Wall Street
    October 2, 2002
    Jim Cox, Brainerd Currie professor of law, comments to USA Today on the expected teaming of Securities and Exchange Commission Chairman Harvey Pitt and New York Attorney General Eliot Spitzer to force reform on Wall Street.
  • CBS Evening News
    September 30, 2002
    Jim Cox, Brainerd Currie professor of law, discusses governmental prosecutions related to preferential IPO allocations involving various companies.
  • We Might Get More Bang With Our Bucks
    September 26, 2002
    Erwin Chemerinsky, visiting professor of law,comments to The Los Angeles Times in this op-ed piece that the United States' objectives in Iraq could be achieved for far less in money and lives than a war would cost. [Registration required]
  • Asbestos-related lawsuits continue to cost companies
    September 23, 2002
    Walter Dellinger, Douglas Blount Maggs Professor of Law, quoted on National Public Radio's Morning Edition about a new wave of asbestos-related lawsuits.
  • SEC's Pitt: Seek shareholder ideas
    September 23, 2002
    Jim Cox, Brainerd Currie professor of law, tells CNNMONEY that Securities and Exchange Commission Chairman Harvey Pitt's push to abolish a rule allowing companies to ignore shareholder proposals could help dissuade management from taking actions that hurt shareholders and might eventually allow investors to keep closer tabs on corporate executives.
  • Self-defence? It's the economy, stupid
    September 22, 2002
    Michael Byers, associate professor of law, states in this op-ed piece in The Independent of London that, seen from the heartland of America, there are two undisputed truths about Iraq. First, Saddam Hussein oppresses the Iraqi people and seeks to develop chemical, biological and nuclear weapons. Second, the Bush administration's push for military action this autumn has little to do with that threat and much to do with domestic politics.
  • Bush Seeks Sweeping Powers
    September 19, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, quoted in The Guardian of London saying that President Bush is seeking sweeping authority to fight Saddam Hussein how and when the U.S. chooses and possibly the authority to expand military action beyond Iraq's borders.
  • US Administration Weighs Tribunal for Al-Shaiba
    September 18, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, says in Saudi Arabia's Riyadh Daily, that captive Ramzi Bin Al-Shaiba's history as an Al-Qaeda operative heightens the public relations value of making him the first alleged terrorist tried before a tribunal.
  • A Guide to Small Claims Court now available online
    September 17, 2002
    Carol Spruill, associate dean for public interest and pro bono & senior lecturing fellow, co-authored this booklet, which has been updated since it was written in 1990 and is now available online. Legal Aid of North Carolina's Guide to Small Claims Court explains small claims court procedures in North Carolina, how to prepare for court, what happens in court and what happens after the trial. [Available under website's publications section]
  • Federalizing Criminal Law
    September 16, 2002
    Sara Sun Beale, Charles L. B. Lowndes professor of law, quoted on National Public Radio's All Things Considered on the federalization of crime.
  • Guantánamo Bay Faces Sentence of Life as Permanent U.S. Prison
    September 16, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, quoted in The New York Times on the legal status of captives taken in the fighting in Afghanistan.
  • No Iraq war -- wink, wink
    September 12, 2002
    Michael Byers, associate professor of law, argues in this op-ed in The Globe and Mail of Canada that whatever Canadian Prime Minister Jean Chrétien says about staying out of a fight with Baghdad, North American defense is so integrated that Canada would have to take strong steps to keep out of a U.S.-led attack.
  • Panel discusses changes since 9/11 attacks
    September 10, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, quoted in the The Herald-Sun regarding the difficulty of making the United States safe from terrorist attacks without giving up the rights and freedoms Americans cherish.[Registration required]
  • Suit challenges state law on malpractice
    September 10, 2002
    Donald Beskind, senior lecturer and director of the Law School's Trial Practice Program, and Tom Metzloff, professor of law, comment in The News & Observer on the constitutionality of a state law requiring people suing doctors to first find a medical expert who will say a mistake was made.[Subscription required]
  • Mystery surrounds the Avila child molestation trial
    September 4, 2002
    Erwin Chemerinsky, visiting professor of law,comments to the Fox News Network on the sealing of juror names in the Alejandro Avila child molestation trial.
  • Plan joint troop actions in detail, experts warn
    August 29, 2002
    Michael Byers, associate professor of law, quoted in The Globe And Mail of Canada, comments on the Canadian need for caution in military cooperation with the US.
  • World News Tonight with Peter Jennings
    August 27, 2002
    Christopher Schroeder, Charles S. Murphy professor of law, comments on the Bush Administration's fight to keep records from the Clinton era out of public view.
  • Facts Leave No Doubt Al-Arian Abetted Terrorism
    August 25, 2002
    William Van Alstyne, William R. Perkins and Thomas C. Perkins professor of law, quoted in The Tampa Tribune, contending that allegations in a lawsuit to discharge tenured computer science Professor Sami Al-Arian of the University of South Florida were "uniquely inappropriate and totally gratuitous." [Fee required for full text]
  • Crimes of War Project
    August 22, 2002
    Michael Byers, associate professor of law, comments on the Bush doctrine of anticipatory use of force.
  • Homeland Insecurity
    August 21, 2002
    Christopher Schroeder, Charles S. Murphy professor of law, comments on the new Department of Homeland Security in Duke Magazine.
  • Overturning Wrongful Convictions
    August 21, 2002
    James Coleman, professor of the practice of law, and Kendra Montgomery-Blinn '03 are among those featured in this article about the Innocence Project at Duke, appearing in Duke Magazine.
  • EVEN IF CERTIFIED, UNCOOKED BOOKS ARE TOUGH TO DIGEST
    August 14, 2002
    Jim Cox, Brainerd Currie professor of law, tells the St. Louis Post-Dispatch that CEO certification of the accuracy of their companies' financial reporting will not immediately restore public confidence. [Registration required]
  • MSNBC: The Abrams Report
    August 9, 2002
    Michael Byers, associate professor of law, discusses the legality of a U.S. attack on Iraq [link to transcript].
  • Dissent, Public Safety at Core of Debate
    August 4, 2002
    William Van Alstyne, William R. Perkins and Thomas C. Perkins professor of law, quoted in The Greensboro News-Record.
  • Copyright as Cudgel
    August 2, 2002
    James Boyle, William Neal Reynolds professor of law, highlighted in The Chronicle of Higher Education.
  • PBS NewsHour
    July 25, 2002
    Jim Cox, Brainerd Currie professor of law, discusses aspects of the new legislation addressing corporate accounting practices in the U.S.
  • CBS Evening News
    July 24, 2002
    Jim Cox, Brainerd Currie professor of law, discusses allegations of securities fraud against Adelphia Communications corporate executives. [Link to TV News Archive]
  • Judgment Without Democracy
    July 24, 2002
    Madeline Morris, professor of law and director of the Duke Law Clinic for the Special Court for Sierra Leone, discusses the International Criminal Court in this op-ed in The Washington Post.
  • Legal Scholar Scoffs at Quran Reading Case vs. UNC
    July 24, 2002
    Jeff Powell, professor of law and divinity, quoted in The Herald-Sun. [Registration required]
  • A Professor's Activism Leads Investigators to Look Into Possible Terrorism Links
    July 23, 2002
    William Van Alstyne, William R. Perkins and Thomas C. Perkins professor of law, quoted in The New York Times.
  • In Deal, Lindh Pleads Guilty to Aiding Taliban
    July 16, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, quoted in The Washington Post.
  • CBS Evening News
    July 14, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, discusses the John Walker Lindh case. [Link to TV News Archive]
  • Executors' Power at Issue
    July 7, 2002
    Robert Mosteller, Harry R. Chadwick Sr. professor of law, answers Carole Tanzer Miller's questions about the legal consequences of a case addressing whether executors can waive privilege for decedents in The News & Observer. [Subscription required]
  • How Safe Are Your Secrets? What Your Doctors, Lawyers and Clergy May Reveal
    July 7, 2002
    Robert Mosteller, Harry R. Chadwick Sr. professor of law, quoted in The News & Observer. [Subscription required]
  • NPR's All Things Considered
    July 3, 2002
    Walter Dellinger, Douglas Blount Maggs professor of law, discusses important Supreme Court opinions from the recent term. [See Nina Totenberg's Supreme Court year wrap-up]
  • Uncharted Legal Territory
    June 24, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, quoted in Time. [Subscription required for full text.]
  • NPR's All Things Considered
    June 20, 2002
    Walter Dellinger, Douglas Blount Maggs professor of law, discusses the decision of the Supreme Court in Utah v. Evans, a case he successfully argued before the High Court.
  • Triggering New Debate Over Guns Bush Policy Switch Finally Reconciles the Government to the Right to Bear Arms
    June 16, 2002
    William Van Alstyne, William R. Perkins and Thomas C. Perkins professor of law, quoted in an op-ed by Don B. Kates in The Seattle Post-Intelligencer.
  • NBC Nightly News
    June 11, 2002
    Scott Silliman, professor of the practice of law and executive director of the Center on Law, Ethics and National Security, discusses legal issues surrounding the handling of terrorism suspects in the U.S. [Link to TV News Archive]
  • NPR's All Things Considered
    June 10, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, discusses legal issues surrounding the detainment of terrorism suspect Abdullah Al Mujahir.
  • Owners Get A Safe Place to Shed Their Copyrights
    May 16, 2002
    James Boyle, William Neal Reynolds professor of law, noted in The Recorder.
  • A New Direction for Intellectual Property
    May 13, 2002
    James Boyle, William Neal Reynolds professor of law, noted in The New York Times as a member of the board of directors of Creative Commons. [Registration required for full text]
  • Murder Case Presents Unusual Legal Issues
    May 13, 2002
    Sara Sun Beale, Charles L. B. Lowndes professor of law, quoted in The Greenville News.
  • CNN Live Today
    May 1, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, discusses military tribunals.
  • How Do We Make Him Talk?
    April 15, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, quoted in Time. [Registration required for full text]
  • C-SPAN's America & the Courts
    April 13, 2002
    The Honorable William H. Rehnquist presents the inaugural lecture in the Great Lives in the Law lecture series, sponsored by the Duke Program in Public Law. [Link to C-SPAN Store]
  • Death Penalty: ABA Steps Up Efforts for Moratorium
    April 8, 2002
    Jim Coleman, professor of the practice of law and chair of the American Bar Association's Death Penalty Moratorium Implementation Project, quoted in the New Jersey Lawyer. [Subscription required]
  • N.C. Argues at Court for Seat
    March 28, 2002
    Walter Dellinger, Douglas Blount Maggs professor of law, quoted in The News & Observer discussing Utah v. Evans, a case he argued on behalf of North Carolina before the U.S. Supreme Court. [Registration required]
  • CNN Money Morning
    February 8, 2002
    Steven Schwarcz, professor of law, discusses legal consequences of the Enron case.
  • CNN Live Today
    February 6, 2002
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, discusses the John Walker Lindh case.