Faculty News 2003

Main Content
  • Counting the Costs of Fund Fees
    December 4, 2003
    James Cox, Brainerd Currie Professor of Law, comments to The Washington Post about advertising fees passed to shareholders of mutual funds.
  • For fair redistricting, an independent panel
    December 4, 2003
    Judge Robinson Everett, professor of law, authored this article about political redistricting in North Carolina for the News and Observer.
    From the article:
    More than a decade ago I began a legal attack on North Carolina's recently enacted congressional redistricting plan. Most people thought I was naive to spend time and effort in seeking to overturn this plan which had two "majority-minority" districts. Their boundaries had been drawn by the General Assembly along racial lines in order to guarantee that two members of Congress from North Carolina would be African-American. As I learned much later, such plans
  • U.S.-EU trade woes test relations
    December 1, 2003
    Jonathan Weiner, Professor of Law and Professor of Environmental Policy, comments to The Washington Times on U.S. and E.U. trade relations.
  • Reduced Charges for Soldier Accused of Cowardice in Iraq
    November 7, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to The New York Times.
    From the article:
    Army drops cowardice charges against Sgt George Andreas Pogany but charges him with lesser offense of dereliction of duty for not performing job as interrogator for team of Green Berets; Pogany says he was overwhelmed by stress and panic in Iraq but sought to stay and work through problem; he is military intelligence specialist
  • Its a sign democracy is workingOctober 26, 2003
    Christopher Schroeder, Charles S. Murphy Professor of Law and Public Policy Studies, authored this article on political gridlock for the News and Observer.
    From the article:
    We Americans hate gridlock. This seems self-evident, but if it needs confirmation, a good place to look is a recent study by John Hibbing and Elizabeth Theiss-Morse. In their book, "Stealth Democracy," these two political scientists relied on surveys and focus groups to probe Americans' attitudes toward government. "Many people are simply averse to political conflict," they concluded, "and many others believe political conflict is unnecessary."
  • 'Friendly fire' judge to hear motions
    October 15, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, recently spoke at the University of Toronto about Maj. Harry Schmidt, the U.S. pilot facing court martial for a friendly fire incident in Afghanistan that killed four Canadian soldiers. The Toronto Star coveres his speech.
  • Army Captain Charged in Guantanamo Probe
    October 11, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to Newsday on charges brought against Army Capt. Yousef Yee in Guantanamo Bay.
  • Experts: Federal intervention unlikely
    October 10, 2003
    William Van Alstyne, William R. Perkins and Thomas C. Perkins Professor of Law, comments to The News & Observer about the Eric Miller murder investigation in Wake county, North Carolina.
  • Who Speaks for Canada?
    September 2, 2003
    Michael Byers, professor of law, and Matthew Droz '05 comment to Canada's The Globe and Mail about Canada being left out of a crucial meeting on high-seas interdictions.
  • Stock Sales Followed 'Smoothing'
    August 16, 2003
    James Cox, Brainerd Currie Professor of Law, comments to The Washington Post about the financial dealings of Freddie Mac chief executive Gregory J. Parseghian, who is under scrutiny for a stock sale that netted him $17 million in profits.
  • Raising the Bar: ABA Adopts New Reporting Rules
    August 13, 2003
    James Cox, Brainerd Currie Professor of Law, quoted in Newsday about the American Bar Association's vote requiring corporate lawyers to report wrongdoing to board members and allowing lawyers to tell regulators if the board doesn't take action.
  • Religious People in Public Life Must Be Able to Observe Their Faith. But They Can Still Obey Their Duties
    August 13, 2003
    H. Jefferson Powell, professor of law, writes a commentary in the Pittsburgh Post-Gazette about the place of religion in American public life.
  • A Prosecutor Vows No Deals For Thugs In Sierra Leone War
    July 28, 2003
    Madeline Morris, professor of law, comments to The Wall Street Journal regarding the Special Court for Sierra Leone in an article that explores a conflict between traditional peace-seeking diplomacy and an emerging movement to hold national leaders accountable for atrocities. [Registration required]
  • Moussaoui Clash Tests Future of Terror Trials
    July 21, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to USA TODAY about the case of Zacarias Moussaoui, who is charged with being involved in the Septemeber 11 terror attacks.
  • Detainees Await an Unknown Fate
    July 20, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to the Orlando Sentinel about the status of detainees held by the U.S. at Guantanamo Bay. [Registration required]
  • In Moussaoui Tangle, Glimpse of Terror's Legal Tug of War
    July 18, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to The Christian Science Monitor about the case of Zacarias Moussaoui, the only man charged in an American court with involvement in the Septemeber 11 terror attacks.
  • Analysis: Supreme Court 2002-2003 Term
    July 8, 2003
    Christopher Schroeder, Charles S. Murphy Professor of Law and Public Policy Studies, joined a discussion on National Public Radio's Talk of the Nation about this term's U.S. Supreme Court decisions and a look
    at what lies ahead for the Court.
  • Supreme Court Review
    July 7, 2003
    James Coleman, senior associate dean for academic affairs and professor of the practice of law, comments to National Public Radio's Morning Edition about an argument used by U.S. Supreme Court Justice Clarence Thomas in his dissenting opinion in the Michigan affirmative action case.
  • Terror Suspects May Face Military Tribunals
    July 4, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to National Public Radio's All Things Considered about President Bush's approval of military tribunals for six terrorism suspects.
  • Merrill Lynch Lawsuit Dismissed
    July 2, 2003
    James Cox, Brainerd Currie professor of law, comments to National Public Radio's All Things Considered about a securities case in which a federal judge in New York threw out a lawsuit filed by mutual fund investors who say that they lost money because of poor research reports from the investment firm Merrill Lynch.
  • Justice's '25 Years' Holds Potential for More Lawsuits
    June 25, 2003
    James Coleman, senior associate dean for academic affairs and professor of the practice of law, comments to The Washington Times about the U.S. Supreme Court's decision on the use of race as a factor in university admissions and Justice O'Connor's statement that, 25 years from now, the use of racial preferences likely will no longer be necessary.
  • Affirmative Action Upheld
    June 24, 2003
    Dennis Shields, associate dean, cited in a story in The News & Observer about the U.S. Supreme Court's decision on the use of race as a factor in university admissions.
  • Investors Ask for a Say in Settlement
    June 24, 2003
    James Cox, Brainerd Currie Professor of Law, comments to the Los Angeles Times about a case in which lawyers representing investors have asked for
    permission to intervene in a planned $1.4-billion stock-analyst settlement between securities regulators and Wall Street investment banks.[Registration required]
  • Little Direct Local Impact Seen from Mich. Rulings
    June 24, 2003
    Dennis Shields, associate dean, comments to Durham's The Herald-Sun regarding the U.S. Supreme Court's decision on the use of race as a factor in university admissions policies.
  • Charges Are Dropped in Bombing of Allies
    June 19, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to The New York Times about the U.S. Air Force dropping charges against two American pilots who killed four Canadian soldiers in a mistaken bombing in Afghanistan. (This story also appeared in the Charlotte Observer and the Seattle Post-Intelligencer.)
  • Rite Aid Plea is Bellwether in Fraud Cases
    June 17, 2003
    James Cox, Brainerd Currie professor of law, comments to The Philadelphia Inquirer, on the case of the former CEO of the Rite Aid drugstore chain, who is expected to plead guilty in a case that scholars say is emblematic of the accounting scandals following the stock market euphoria of the late 1990s.
  • A Bad Omen for Martha
    June 11, 2003
    James Cox, Brainerd Currie professor of law, tells The New York Daily News that the tough sentence given to Sam Waksal could be an ominous sign for his friend Martha Stewart in her coming battle with federal prosecutors.
  • ACC's Expansion Plans May Be Disrupted by Lawsuit
    June 9, 2003
    Paul Haagen, professor of law, comments to The Washington Post about possible expansion of the Atlantic Coast Conference.
  • Stewart Will Face Criminal Charges
    June 4, 2003
    James Cox, Brainerd Currie professor of law, comments to The Philadelphia Inquirer about the insider-trading investigation against Martha Stewart.
  • SEC to Require Assurances of Anti-Fraud Controls
    May 27, 2003
    James Cox, Brainerd Currie professor of law, comments to The Washington Post about Securities and Exchange Commission plans that would require executives of public companies to attest that their firms have controls in place to detect accounting mistakes and fraud.
  • Pain, Suffering Weighed Against Costs to Others ; Tort Reform Debate
    May 26, 2003
    Neil Vidmar, Russell M. Robinson II Professor of Law and Professor of Psychology, comments to the San Antonio Express-News about the role of pain and suffering in jury verdicts. [Registration required]
  • Cisco Directors' Ties to Venture Firm Raise Questions
    May 26, 2003
    James Cox, Brainerd Currie professor of law, comments to the Los Angeles Times about questions arising from financial arrangements between tech giant Cisco Systems and a venture capital firm. [Registration required]
  • Who Should Watch Over Wall Street?
    May 23, 2003
    James Cox, Brainerd Currie professor of law, comments to Canada's National Post about the difficulties of finding experienced finance industry
    players who are not entangled with the firms they're being asked to police.[Registration required]
  • Actual Innocence Commission in Danger of Collapsing
    May 17, 2003
    James Coleman, senior associate dean for academic affairs and professor of law, comments to The News & Observer, about confusion over North Carolina's Actual Innocence Commission and the death penalty moratorium movement.
  • Some Fret about ACC Expansion
    May 15, 2003
    Paul Haagen, professor of law, tells The News & Observer that expansion would lead the ACC further into big-money athletics.
  • Nursing Homes Push Hush Clause
    May 14, 2003
    Neil Vidmar, Russell M. Robinson, II, Professor of Law and Professor of Psychology, comments to The News & Observer about a proposed North Carolina bill to set a $250,000 cap on pain and suffering awards in medical malpractice lawsuits.
  • The New Canadian Foreign Policy?
    May 7, 2003
    Michael Byers, associate professor of law, comments on the Canadian Broadcasting Corporation's Counterspin program regarding Canadian foreign policy and its relationship to the United States.
  • Classier Act
    May 2, 2003
    Walter Dellinger, Douglas Blount Maggs Professor of Law, cited in Akron's The Beacon Journal explaining abuses of lawsuits involving class actions.
  • Say No to Missile Defence
    April 29, 2003
    Michael Byers, associate professor of law, tells Canada's The Globe and Mail that Canada should be in no hurry to join the United States in a missile defense system.
  • Unconstitutional? Maybe, but Morally Right
    April 29, 2003
    Dennis Shields, associate dean for admissions and financial aid, comments to The Des Moines Register about the University of Michigan Affirmative Action case.
  • Body of Change
    April 28, 2003
    Robert Mosteller, Harry R. Chadwick, Sr. Professor of Law, comments to The News & Observer about crime suspects' attempts to change their appearance. [Registration required]
  • Nasdaq Launches New Services
    April 28, 2003
    James Cox, Brainerd Currie professor of law, tells Forbes that a deal struck between Nasdaq and Market Wire is riddled with potential conflicts of interest.
  • Nasdaq Launches New Services
    April 28, 2003
    James Cox, Brainerd Currie professor of law, tells Forbes that a deal struck between Nasdaq and Market Wire is riddled with potential conflicts of interest.
  • Settlement Reaction
    April 28, 2003
    James Cox, Brainerd Currie professor of law, tells National Public Radio's All Things Considered that the settlement between the federal government and the country's largest investment firms, involving a large fine and much publicity, is important but will do little to change the way Wall Street does business.
  • The World's Prosecutor
    April 28, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to the Legal Times about the U.S. government's withdrawal from the treaty that created the International Criminal Court. [Registraton required]
  • Ex-CSFB Banker Frank Quattrone Faces Criminal Charges
    April 23, 2003
    James Cox, Brainerd Currie professor of law, comments to Bloomberg news about Frank Quattrone, the former head of Credit Suisse First Boston's technology-banking unit, who was charged by federal prosecutors with obstruction of justice.
  • Creative Deal or Highflying Pork?
    April 20, 2003
    Steven Schwarcz, professor of law, comments to The New York Times about a proposal that would allow the U.S. Air Force to lease aircraft from the Boeing Company under a financing model similar to the infamous arrangements used by Enron.
  • 2 Rebuilding Pacts Awarded
    April 12, 2003
    Donald Horowitz, James B. Duke Professor of Law and Political Science, comments to The Washington Post about the challenges of reconstructing a post-war Iraq.
  • U.S. Military Pressured to Police Iraq
    April 12, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, tells The Orlando Sentinel that the Geneva Conventions require the United States to provide order and other basic services such as water and food in Iraq.
  • Accuracy of Battlefield News Often Hazy
    April 8, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to USA TODAY about the "fog of war" that often leads to wild rumors and incorrect information in the media about battlefield events.
  • Military Rules of Engagement Complicate Combat in Cities
    April 8, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to The Seattle Times about the rules U.S. troops follow to attempt to limit civilian casualties.
  • Military Academy Admissions May Be Key To U-M Case
    April 3, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, tells the Detroit Free Press that a brief filed on behalf of a group of prominent retired military officials stood out in the University of Michigan affirmative action case because the military has been successful in diversifying its ranks and in reducing racial tension.
  • Treatment of Prisoners of War
    April 3, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to National Public Radio's Morning Edition about the legal treatment of prisoners in Iraq.
  • High Court Weighs Affirmative Action
    April 2, 2003
    Walter Dellinger, Douglas Blount Maggs Professor of Law, comments to The Boston Globe about the U.S. Supreme Court's consideration of the constitutionality of affirmative action in college admissions.
  • The Rules of Engagement
    April 1, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to the connection radio show about the rules U.S. troops follow as they fight in Iraq.
  • Judging Judges: the Voters' Job
    March 30, 2003
    Paul Carrington, professor of law, cited in an editorial in The News & Observer for stating that the state's system of selecting judges should be a means of assuring citizens that "the courts belong to them." [Registration required]
  • What's Fair in War?
    March 30, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to Time magazine about the Geneva accords and their application in recent conflicts involving the United States.
  • Region's Campus Experts Try to Give War Issues Context
    March 27, 2003
    Michael Byers, associate professor of law, comments to The News & Observer about the need for academics to help the public understand the situation in Iraq and other complicated foreign policy issues.
  • Guidelines Meant to Keep Civilian Casualties Down
    March 26, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to Newsday about the rules of warfare and the possibilities of civilian casualties in Iraq.
  • POW Effect: The Captured Become Tools of Warfare
    March 26, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to The Christian Science Monitor about the treatment of prisoners of war by both sides in the war in Iraq as well as U.S. treatment of prisoners in its war on terrorism. [Registration required]
  • Geneva Convention Report
    March 24, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to Public Radio International's The World program about the treatment of prisoners of war in Iraq and the legal requirements of the Geneva Conventions.
  • Why Rumsfeld Should Be Careful about Lecturing Saddam about the Geneva Conventions
    March 24, 2003
    Michael Byers, associate professor of law, comments to Slate magazine about applications of the Geneva Conventions in the conflict in Iraq.
  • Hussein Fair Game in Legal War, Experts Say
    March 21, 2003
    Michael Byers, associate professor of law, comments to The Globe and Mail of Canada about the legal basis for the United States to specifically target Saddam Hussein in the war in Iraq.
  • Leaders Legitimate Targets, Experts Say
    March 21, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, tells the Los Angeles Times that Saddam Hussein himself is a legitimate military target. [Registration required]
  • International Law Dealing with the Use of Force
    March 19, 2003
    Michael Byers, associate professor of law, comments to the Canadian Broadcasting Corporation's The Current radio show regarding international cooperation and the debate over the legalities of using force against countries such as Iraq.
  • Legal Basis for an Invasion Open to Interpretation
    March 18, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to the Los Angeles Times on the legal predicate for an attack on Iraq. [Registration required]
  • Taking Charge: Authorizing Most Credit-Rating Agencies Could Increase Economic Efficiency
    March 13, 2003
    Steven Schwarcz, professor of law and business, tells the Los Angeles Daily Journal that government must balance needs of maintaining high standards for credit-rating agencies with needs for more competition among the agencies. [Registration required]
  • America in the Dock
    March 9, 2003
    Michael Byers, associate professor of law, comments to London's The Independent about hostility between the United States and the new International Criminal Court.
  • THE BOGUS TORT-REFORM CASE
    March 6, 2003
    Tom Metzloff, professor of law, is cited in The Wall Street Journal regarding tort reform. [Registration required]
  • A Blow to the Street
    March 3, 2003
    James Cox, Brainerd Currie professor of law, comments to Fortune magazine about shareholders suing large investment banks.
  • What Is the United Nations Seizing, Anyway?
    February 27, 2003
    Michael Byers, associate professor of law, comments to Slate magazine about the puzzling ending of a proposed U.N. Security Council resolution that would authorize the use of military force against Iraq. The resolution ends with the words: "Decides to remain seized of the matter"
  • Broaden the Slate
    February 25, 2003
    Walter Dellinger, Douglas Blount Maggs Professor of Law, tells the The Washington Post that the process of nominating and confirming federal judges is badly broken.
  • Loftin Sues in Tax-Shelter Scheme
    February 25, 2003
    Richard Schmalbeck, professor of law, comments to The News & Observer about a lawsuit in which Peter T. Loftin, BTI's founder and chairman, accuses accountants and bankers of selling him illegal tax shelters that have prompted an IRS audit of his returns. [Registration required]
  • Patently Ridiculous
    February 24, 2003
    James Boyle, William Neal Reynolds Professor of Law, comments to The St. Petersburg Times about patent law and the ease of obtaining patents.
  • The Abrams Report
    February 24, 2003
    Michael Byers, associate professor of law, comments on The Abrams Report show about weapons inspections and possible military action against Iraq.
  • Court Says Insurance Companies Should Be Accountable for Damage to Patients' Health
    February 20, 2003
    Clark Havighurst, William Neal Reynolds Professor Emeritus of Law, comments to The New York Times about a federal appeals court ruling in New York that some fear could hurt the managed-care industry and raise health care costs.
  • The Laws of War, US-Style
    February 20, 2003
    Michael Byers, associate professor of law, comments in the London Review of Books about the evolving rules of war as applied by the United States.
  • Same-Sex Couples Redefining Family Law in USA
    February 17, 2003
    Katharine Bartlett, Dean and A. Kenneth Pye Professor of Law, comments to USA TODAY on legal questions arising from same-sex couples raising children.
  • State Officials to Consider Reparations for Sterilization Victims
    February 11, 2003
    Doriane Coleman, senior lecturing fellow, is quoted in The Herald-Sun of Durham about a North Carolina plan under consideration to financially compensate people who were sterilized through a state program because they were mentally handicapped or otherwise considered genetically inferior.
  • Lawyers' Group Set to Condemn Enemy Combatant Policy
    February 10, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, speaks to CNN about the increased surveillance power Congress gave the government after the Sept. 11, 2001, terror attacks and other legal aspects of the war on terrorism.
  • The Spoils of War
    February 10, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to U.S. News & World Report about whether an Iraq conflict could threaten archaeological treasures.
  • Top Sprint Executives Step Down
    February 6, 2003
    James Cox, Brainerd Currie professor of law, comments to National Public Radio's Morning Edition about top Sprint executives leaving the company.
  • The Rehnquist Revolution's Humble Start
    February 3, 2003
    Walter Dellinger, Douglas Blount Maggs Professor of Law, comments to Legal Times about the impact of Chief Justice William Rehnquist on the U.S. Supreme Court. [Registration required]
  • Group Raises Doubts About Murder Case
    February 1, 2003
    James Coleman, senior associate dean for academic affairs and professor of law, comments to the Wilson Daily Times about the Law School's Innocence Project and its efforts to free Charles Ray Finch, convicted of murder in 1976, from prison based on evidence that he might be innocent. [Registration required]
  • Rules Mean Uncertainty for Enron-Style 'SPEs'
    January 24, 2003
    Steven Schwarcz, professor of law, comments to The Washington Post about new guidelines issued to prevent the abuse of financing partnerships, a problem that helped set off Enron Corporation's collapse.
  • FASB Tightens Rules on Special Purpose Entities
    January 17, 2003
    Steven Schwarcz, professor of law, speaks with The Washington Post about special purpose entities, a type of financing partnership that helped set off Enron Corporation's collapse.
  • N.C. Court to Mull Right to a Lawyer
    January 15, 2003
    Jane Wettach, senior lecturing fellow and director of Duke Law’s Children's Education Law Clinic, comments to Education Week about efforts to allow more North Carolina students to have legal representation in discipline hearings and other such proceedings.
  • A Look At the Accidental Bombing of Canadian Troops By U.S. Forces in Kandahar
    January 14, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to CNN International on the accidental killings in Afghanistan and the investigation into the use of amphetamines by U.S. forces.
  • Professor Scott Silliman Comments on Amphetamine Use in Air Force
    January 14, 2003
    Scott Silliman, professor of the practice of law and executive director of the Duke Center on Law, Ethics and National Security, comments to CNN Live Today about the use of "go pills" by U.S. Airforce pilots.
  • Frankel's
    January 5, 2003
    Michael Byers, associate professor of law, comments to The Blade of Toledo, OH, on the case of international fugitive Kaethe Schuchter, who is believed to be hiding in Europe with up to $2 million. Schuchter, indicted on federal conspiracy and fraud charges in 2001, was last believed to be in Italy or Germany.