nov. 15, 2011 issue

12
The Chronicle THE INDEPENDENT DAILY AT DUKE UNIVERSITY TUESDAY, NOVEMBER 15, 2011 ONE HUNDRED AND SEVENTH YEAR, ISSUE 57 WWW.DUKECHRONICLE.COM Blue Devils to face Georgia Blue Devils to face Georgia State, State, Page 7 Page 7 Nobel Prize Nobel Prize winner winner speaks, speaks, Page 3 Page 3 ONTHERECORD “That makes me wonder, in turn, whether this year we’ll call tenting ‘Occupy K-ville.’” —Professor Connel Fullenkamp in “Next time, try a sit-in.” See column page 10 TYLER SEUC/THE CHRONICLE The Duke Chapel is lit in blue in recognition of World Diabetes Day Nov. 14. Blue moon Duke sees surge in ED applications by Kristie Kim THE CHRONICLE More people than ever before are commit- ted to becoming a Blue Devil. This year, Duke has seen a large increase in binding early decision applications com- pared to its peer institu- tions. Although similarly selective universities have also experienced growth— and others have reinstated early action programs—the surge in Duke’s applications remains an anomaly. The number of early decision applications at Duke increased by 23 percent, from 2,207 last year to 2,716 this year—following the trend the University has experienced in recent years, Dean of Undergraduate Admissions Christoph Guttentag said. Last year, there was a 14 percent increase in early decision appli- cations from the previous year. Applications increased by 24 percent to Trinity College of Arts and Sciences and by 16 percent to the Pratt School of Engineering this year. Guttentag attributed the rise in early decision applications to the increasingly competitive and selective nature of the college admissions process. by Tiffany Lieu A Duke Law professor may soon evaluate the cases of Guantanamo detainees. Scott Silliman—professor of the practice of law at the Duke School of Law and direc- tor emeritus of the Center on Law, Ethics and National Security—was nominated by President Barack Obama as an ap- pellate judge to the United States Court of Military Commission Review Nov. 10. Silliman’s appointment is still pending approval by the Senate Armed Services Committee. The U.S. Court of Military Commission Review, instituted as part of the Military Commissions Act of 2006 and amended in 2009, is an appellate court that reviews mil- itary commissions cases. It also reviews the cases’ findings and sentences for legal and factual sufficiency. The military commission court system was designed to try terrorism suspects captured by the federal government and incarcerated at Guantanamo Bay, said Dick Kohn, professor emeritus of history at the University of North Carolina at Chapel Hill. Although Silliman declined to comment SEE EARLY DECISION ON PAGE 5 SEE SILLIMAN ON PAGE 6 Obama taps Silliman for judgeship Coach K gets first shot at record in New York Coach K gets first shot at record in New York by chris cusack THE CHRONICLE It seems fitting that Mike Krzyzewski’s first shot at his 903rd career head coach- ing victory will come in the first game of a doubleheader, a throwback to earlier days of college basketball. No. 6 Duke will take on Michigan State at Madison Square Garden in the opening game of the inaugural Champions Classic, which will showcase the Blue Devils, Spar- tans, Kansas and Kentucky. The game will tip off at 7 p.m., followed by the Jayhawks against the Wildcats two hours later. “I can remember as a kid, going to... Chicago Stadium and watching double- headers,” Krzyzewski said. “There weren’t teams on TV, so you got a chance to see guys.... It’s a cool concept.” Forty-six years after the Duke head coach once saw the Blue Devils play Notre Dame in one of those doubleheaders, he is on the cusp of becoming the win- ningest coach in NCAA Division I men’s basketball history. But, to get there, he will have to get through an experienced head coach who has 383 wins and a na- tional title on his own resume. SEE M. BASKETBALL ON PAGE 8 DUKE MSU Madison Square Garden • 7 p.m. • ESPN CHRONICLE FILE PHOTOS Senior forward Draymond Green leads Michigan State, which lost to No. 1 North Carolina in its season opener. Duke comes to Madison Square Garden after picking up two wins at home last weekend. Scott Silliman news analysis Percentage increase greater than peers’

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November 15th, 2011 issue of The Chronicle

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Page 1: Nov. 15, 2011 issue

The ChronicleTHE INDEPENDENT DAILY AT DUKE UNIVERSITY

TUESDAY, NOVEMBER 15, 2011 ONE HUNDRED AND SEVENTH YEAR, ISSUE 57WWW.DUKECHRONICLE.COM

Blue Devils to face Georgia Blue Devils to face Georgia State, State, Page 7Page 7

Nobel Prize Nobel Prize winner winner speaks, speaks, Page 3Page 3

ONTHERECORD“That makes me wonder, in turn, whether this year we’ll

call tenting ‘Occupy K-ville.’” —Professor Connel Fullenkamp in “Next time, try a sit-in.” See column page 10

TYLER SEUC/THE CHRONICLE

The Duke Chapel is lit in blue in recognition of World Diabetes Day Nov. 14.

Blue moon Duke sees surge in ED applications

by Kristie KimTHE CHRONICLE

More people than ever before are commit-ted to becoming a Blue Devil.

This year, Duke has seen a large increase in binding early decision applications com-

pared to its peer institu-tions. Although similarly selective universities have also experienced growth—and others have reinstated

early action programs—the surge in Duke’s applications remains an anomaly.

The number of early decision applications at Duke increased by 23 percent, from 2,207 last year to 2,716 this year—following the trend the University has experienced in recent years, Dean of Undergraduate Admissions Christoph Guttentag said. Last year, there was a 14 percent increase in early decision appli-cations from the previous year. Applications increased by 24 percent to Trinity College of Arts and Sciences and by 16 percent to the Pratt School of Engineering this year.

Guttentag attributed the rise in early decision applications to the increasingly competitive and selective nature of the college admissions process.

by Tiffany LieuA Duke Law professor may soon evaluate

the cases of Guantanamo detainees. Scott Silliman—professor of the practice

of law at the Duke School of Law and direc-tor emeritus of the Center on Law, Ethics

and National Security—was nominated by President Barack Obama as an ap-pellate judge to the United States Court of Military Commission Review Nov. 10. Silliman’s appointment is still pending approval by the Senate Armed Services Committee.

The U.S. Court of Military Commission Review, instituted as part of the Military Commissions Act of 2006 and amended in 2009, is an appellate court that reviews mil-itary commissions cases. It also reviews the cases’ findings and sentences for legal and factual sufficiency.

The military commission court system was designed to try terrorism suspects captured by the federal government and incarcerated at Guantanamo Bay, said Dick Kohn, professor emeritus of history at the University of North Carolina at Chapel Hill.

Although Silliman declined to comment

SEE EARLY DECISION ON PAGE 5SEE SILLIMAN ON PAGE 6

Obama taps Silliman for judgeship

Coach K gets first shot at record in New YorkCoach K gets first shot at record in New York

by chris cusackTHE CHRONICLE

It seems fitting that Mike Krzyzewski’s first shot at his 903rd career head coach-ing victory will come in the first game of a doubleheader, a throwback to earlier days of college basketball.

No. 6 Duke will take on Michigan State at Madison Square Garden in the opening game of the inaugural Champions Classic, which will showcase the Blue Devils, Spar-tans, Kansas and Kentucky. The game will tip off at 7 p.m., followed by the Jayhawks against the Wildcats two hours later.

“I can remember as a kid, going to...

Chicago Stadium and watching double-headers,” Krzyzewski said. “There weren’t teams on TV, so you got a chance to see guys.... It’s a cool concept.”

Forty-six years after the Duke head coach once saw the Blue Devils play Notre Dame in one of those doubleheaders, he is on the cusp of becoming the win-ningest coach in NCAA Division I men’s basketball history. But, to get there, he will have to get through an experienced head coach who has 383 wins and a na-tional title on his own resume.

SEE M. BASKETBALL ON PAGE 8

DUKE MSUMadison Square Garden • 7 p.m. • ESPN

CHRONICLE FILE PHOTOS

Senior forward Draymond Green leads Michigan State, which lost to No. 1 North Carolina in its season opener. Duke comes to Madison Square Garden after picking up two wins at home last weekend.

Scott Silliman

news analysis

Percentage increase greater than peers’

Page 2: Nov. 15, 2011 issue

2 | TUESDAY, NOVEMBER 15, 2011 THE CHRONICLE

the uncg department of english offers a challenging doctoral program with concentrations in English Literature, American Literature, Literary Theory and Rhetoric & Composition.

For information and open house dates, visit the website: www.uncg.edu/eng/ graduate/prospective.html. Application deadline is February 15, 2012.

English Literature. American Literature. Literary Theory. Rhetoric & Composition.

MARY ELLIS GIBSONElizabeth Rosenthal Excellence Professor of English

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Learn more at our info sessions: November 8, 13, & 16

from 5-6PM Old Trinity Room in the West Union

Meet me at The Trinity!

1803 West Markham Ave. l 919.286.0409

Durham’s newest and most sophisticated over age 21 private club located in historic Trinity Park just off Duke University’s East

Campus squarely in the very core of nightlife.

Thursday Drink SpecialsSelect Domestic Bottles $2.50

Well Drinks $4.00

www.dukechronicle.com

going home for Thanksgiving? you can still find us here.

the chronicle on-line: anytime, any place, overeating not required.

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worldandnation TODAY:

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WEDNESDAY:

77

WASHINGTON, D.C. — The Supreme Court said Monday it will hear a challenge to the health-care overhaul act passed in 2010, with a decision on President Barack Obama’s most controversial domestic achievement likely to come in the summer of his reelection campaign.

STEPHEN BROOKS/THE WASHINGTON POST

Tourists surround Machali, a Royal Bengal tiger, in the Ranthambhore National Park reserve in north-ern India. With less than 4,000 tigers left in the wild, the reserve admits less than 500 visitors each day. Those who manage to enter are restricted to specific zones.

BEIRUT — Pressure mounted on Syr-ian President Bashar al-Assad Monday af-ter the Jordanian king suggested he step down ahead of a crucial Arab meeting in Morocco Wednesday aimed at exploring specific measures to sanction Syria for its ongoing crackdown against protesters.

Supreme Court reviews Obama’s health care bill

Jordan king tells Syrian president to step down

HONOLULU — As customs go, it seems fairly harmless: As they gather for a group “family” photo at the Asia Pacific Eco-nomic Cooperation summit, otherwise fusty and crusty world leaders don funny shirts or accessories, often with loud col-ors and garish patterns.

Perhaps it is no surprise that the fun-loving President Bill Clinton started the tradition in 1993 when he hosted the sum-mit in Seattle. Other leaders followed suit, offering their counterparts outfits that got increasingly unsightly each annum.

But not this year. Not with President Barack Obama in charge.

With the United States and much of the world mired in financial doldrums, Obama nixed the funny shirt business entirely at this year’s summit. And as the summit began, Obama didn’t say why.

The leaders wore their business attire to the photo—suits and ties for the men and pant suits for the women.

Obama drops funny dress requirement at summit

61

“According to a press release on GoDuke.com, the Blue Devils officially signed three players to letters of intent during the early signing period. All three players are ranked within the top-100 by ESPN.com’s HoopGurlz, with the class ranked the fifth-best in the nation and tops in the ACC.”

— From The Blue Zonebluezone.dukechronicle.com

onthe web

Take the Wheel Get the Best Deal

Erwin Square Building, 12:30-1:30p.m. This seminar will teach interested partici-pants how to save hundreds of dollars or

more when they buy a car.

Jimmy Creech:“When Honoring Your Call

Calls You Into Conflict”Westbrook 14, 12:30-1:30p.m.

Creech will discuss his efforts toward includ-ing the LGBT community in the Church.

Duke in Greece Summer Information Meeting

West Duke 105, 7-9p.m. Dr. Michael Ferejohn will answer questions

on the Greece summer program.

scheduleat Duke...

When a noble life has prepared old age, it is not decline that it reveals, but the first days of

immortality.— Muriel Spark

TODAY IN HISTORY1889: Brazil’s last emperor

deposed.

oono the calendarShichi - Go - San

Shinto

America Recycles DayU.S.A.

Proclamation of the RepublicBrazil

Peace DayIvory Coast

“Good Times”Smith Warehouse Bay 4 C105, 7-7:30p.m.

The film focuses on Abu Dis, a Palestinian neighborhood in east Jerusalem divided by a

wall built by the Israeli government.

Page 3: Nov. 15, 2011 issue

THE CHRONICLE TUESDAY, NOVEMBER 15, 2011 | 3

Nobel Prize winner lauds data sharing

by Shucao MoTHE CHRONICLE

Sharing data publicly is a practice that advances scientific discovery and benefits society at large, two leading geneticists said in a lecture Monday.

Nobel Prize winner Sir John Sulston and Dr. Robert Waterston delivered a lec-ture on the social value of science and the

free spread of scientific data. Their talk, “The Common Wealth of Science,” was the James B. Wyngaarden Distinguished Lecture in Genome Sciences and Policy, sponsored by the Institute for Genome Sciences and Policy.

“Science works best when you are able to get the data out there and people are able to use it,” Sulston said.

Sulston and Waterston worked togeth-er to complete the first sequencing of a multicellular organism—their worm ge-nome was published in December 1998. As director of the Wellcome Trust Sanger Institute in England, Sulston led one of the four principal sequencing centers for the Human Genome Project, and Water-ston researched human genome sequenc-ing at his lab in St. Louis.

Sulston and Waterston also played in-strumental roles in establishing the Ber-muda Principles on data sharing, which advocate maintaining genome data in the public domain. This philosophy prevailed against those who argued for proprietary human genome databases, and it came to shape the proliferation of information on the human genome.

“The Human Genome Project is a re-source-intensive project that is meant for the public—the data is released so the util-ity can be maximized,” Waterston said.

IGSP Director Dr. Robert Cook-Deegan noted the significance of this approach for students of genomics.

by Kristie KimTHE CHRONICLE

Computers are now teaching doc-tors effective interpersonal communi-cation skills.

Researchers found that a new CD-ROM course curriculum targeted toward oncologists looking to develop better pa-tient-communication skills elicited more empathetic responses from the physi-cians. Patients were also found to have greater trust in doctors who had success-fully completed the program—a key fac-tor in bettering their quality of life and the outcomes of their treatments. The study, published in the Nov. 1 issue of Annals of Internal Medicine, looked at the interactions between 48 oncologists and 264 patients with advanced cancer.

“Oncologists are among the most de-voted to the care of their patients, but they are not always clear to articulate their empathy,” said Dr. James Tulsky, se-nior author of the study and director of the Center for Palliative Care. “It’s not that the doctors are uncaring, but they just have not been trained to connect with patients at a more emotional level through language.”

The interactive program includes a five-module course on basic communi-cation skills, focusing on patients’ emo-tions and how physicians should share prognosis information with patients. The tutorial includes feedback of actual pre-recorded clinical visits. Physicians were reminded to apply these changes

in their practices before future clinic visits.

When confronted with patient con-cerns or fears, oncologists who had not taken the CD-ROM course showed no improvement in their communication and response to patients. On the other hand, doctors who had participated in the trained group responded empatheti-cally to their patients twice as often.

“The results are exciting because this program has been proven to be an inex-pensive and easy alternative to multi-day courses that are both time-consuming and expensive,” Tulsky noted.

The current method for teaching doctors effective communication skills is a multi-day course that consists of lec-tures and role-playing with actors hired to simulate clinical situations, he added.

Randa McNamara, education train-ing coordinator for the Standardized Pa-tient Program—a required program for medical students in which they interact with role-playing actors—said she was in favor of Tulsky’s program.

“By going back to the skills I teach the medical students in residency or even for practicing physicians, it’s a great tool to re-enforce what they may have forgotten in medical school,” McNamara said,

Effective communication skills are critical for doctors when interacting with their patients, said Sharon Campen, chair-elect of the Duke Patient Advocacy

SEE NOBEL ON PAGE 4 SEE ONCOLOGY ON PAGE 4

New computer course may improve cancer treatment

ELYSIA SU/THE CHRONICLE

Nobel Prize winner John Sulston speaks Monday at the Sanford School of Public Policy.

Page 4: Nov. 15, 2011 issue

4 | TUESDAY, NOVEMBER 15, 2011 THE CHRONICLE

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Council. Increased communication allows for the pa-tient to make better, more informed decisions, and it also helps provide a safe treatment environment.

Patients expect straightforward communication from their doctors, especially when the outlook is not positive, Campen added, noting that Tulsky’s study will help doctors become more comfortable in relay-ing bad news.

Several of Tulsky’s peers have also expressed ap-proval of the program.

Dr. Michael Kastan, executive director of the Duke Cancer Institute, noted that the key advantage of this tutorial is its ability to show doctors videos of their own clinical interactions with patients.

“[The tutorial] makes doctors take a step back and

powerfully shows them how they’re communicating and not just whether they’re communicating,” Kastan said.

Both Kastan and McNamara noted that the elec-tronic format of the tutorial contributes to a more convenient and effective program.

“The difference between an electronic course and a course taught by a great teacher are the limits—even if you have a great teacher, their influence can only go far in their access to a wide reach of students,” Kastan said.

Although the CD-ROM course is not yet widely available, Tulsky noted that efforts are underway to develop it for greater distribution.

“This [software program] is just one piece to a larg-er puzzle to teach doctors how to communicate effec-tively to their patients and ultimately improving the quality of life for patients in the long run,” he said.

ONCOLOGY from page 3

“[I want them to] learn about not just the Human Ge-nome Project but also the way it came into being—lots of databases and open information, and to have students think about optimal ways of doing science,” Cook-Deegan said. “It was a fateful choice—what Sulston and Waterston made.”

Public central data is crucial to scientific advance, Sul-ston said, adding that it is necessary to find the right bal-ance between the public and private domains. The fact that an increasing amount of scientific discoveries rely upon market systems, however, prioritizes commercial rather than social benefits.

“There are marketing excesses that distort the transpar-ent process in scientific discovery,” Sulston said.

Sulston also noted conflicts between producing the best medicines and the most profitable ones and said for-profit medicine limited the possibilities of eliminating diseases such as HIV and tropical diseases in poor countries.

“Doing lots of sciences is not enough—we have to think about what the balances between [social benefits and busi-ness profits are] and where we are going,” Sulston added.

Lauren Dame, associate director for genome ethics, law and policy, noted the role that intellectual property plays in the development of research.

“We are interested in how intellectual property can help and hinder science,” Dame said. “As key figures in the Hu-man Genome Project, they are instrumental in promoting an open norm.”

Sulston also outlined the policy-level process of scien-tific discovery. From discovery to knowledge to under-standing, what is being investigated goes into the stage of application, which facilitates new discoveries, he said. In particular, Sulston noted the relationship between science and culture.

“Science is the major cultural drive for the past hun-dred years,” Sulston said.

Freshman Hillary Bowman said she is concerned about the lack of transparent information, confirming the speak-ers’ contributions made to science and society.

“What would have happened if we had not implement-ed the public databases?” Bowman said. “I can hardly imag-ine the consequences.”

NOBEL from page 3

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Page 5: Nov. 15, 2011 issue

THE CHRONICLE TUESDAY, NOVEMBER 15, 2011 | 5

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“The increased selectivity of Duke and its peer institutions has injected addition-al uncertainties into the process,” he said. “Part of what we’re seeing [in the increase] is the desire of the student to bring some clarity to the process earlier.”

Duke in contextIn relation to other selective colleges

that offer an early binding agreement, Duke enrolls a lower percentage of its incoming class from early decision appli-cants, Guttentag said. Last year, Duke ac-cepted 29 percent of early decision appli-cations for the Class of 2015.

Several of Duke’s peer institutions saw slight increases in early application num-bers. Dartmouth College saw a 3 percent increase from last year, and Brown Univer-sity saw a 4 percent rise.

The University of Pennsylvania—which enrolls nearly 30 percent of its freshman class from the early decision pool—saw a slight decrease in applications this Fall. This year, they received 4,510 applications, a 1.3 percent decrease from last year. The university’s Dean of Admissions Eric Fur-da attributed the decline to Harvard Uni-versity and Princeton University’s return to the early admissions arena, according to a Daily Pennsylvanian article Nov. 10. Princeton received 3,547 applications in its early admissions round, and Harvard has not yet published its early action ap-plication numbers.

This year marks the first since 2006 that Harvard and Princeton have accept-ed non-binding early action applications. Both universities had canceled their early admissions policy four years ago in an ef-fort to make the admissions process more equitable—in hope that peer institutions

would follow suit.Guttentag said the decision for these

two universities to reinstate these pro-grams had minimal effect on Duke’s early application process. In the short time pe-riod between when Duke’s early decision acceptances are announced and when regular decision applications are due Jan. 2, Guttentag believes that there will be a sharp increase in regular decision ap-plications. He said many will come from students who are rejected or deferred by Harvard or Princeton.

“As we become more and more selec-tive, it gets increasingly more competi-tive for [the admissions committee] to compete and fight for those students who are also wanted at our peer institu-tions,” Guttentag said. “As much as pro-spective students wish to appeal to us, it is our duty to appeal to more and more qualified candidates.”

Behind the surgeThe dramatic increase in Duke’s early

decision applications is not the result of just one factor.

Provost Peter Lange attributed the surge of applicants in recent years to Duke’s innovative initiatives.

“A big majority of prospective students mention the spirit of initiative of our students in programs, such as DukeEngage, which is indicative of [Duke’s] nature,” Lange said.

Guttentag added that he is pleased that despite the dismal economic situation for many students, families understand that colleges are interested in making educa-tion affordable. There was not, however, a significant increase in the percentage of students who indicated that they will be applying for financial aid, he said.

“None of my colleagues perceived the great increase in applications three years ago when the economy slid, so there doesn’t

seem to be a perceivable correlation be-tween the state of the economy [and the number of applications],” Guttentag said.

Increases ‘from our own backyard’Students from North Carolina typically

make up a large portion of each class at Duke, and this year, the state also saw the greatest percentage increase in early deci-sion applications—34 percent.

In addition to North Carolina, there were early decision application increases greater than 30 percent in Illinois, New Jer-sey, Pennsylvania and Washington. Also, 209 international students applied this year—an increase of 8 percent from last year.

“The most surprising percentage comes from our own backyard,” Guttentag noted.

Katherine Cleaver, director of college counseling at Durham Academy, said

there has been heightened interest from high school students in North Carolina.

“Duke has worked very hard within North Carolina to increase its visibility and has been very clear in helping stu-dents, families and guidance counselors notice the many opportunities for Duke students,” Cleaver said. “North Carolina just has been slower to come to the table to realize that.”

Despite the upswing in applications, Gut-tentag emphasized that there is still a great-er need to appeal to prospective students.

“We attract a very special group of applicants—those that appreciate the strong and rigorous academic and social culture of Duke,” he noted. “And in re-cent years, the number of such applicants who discover and wish to be part of this special environment have skyrocketed.”

EARLY DECISION from page 1

CHRONICLE GRAPHIC BY KATIE NI

Page 6: Nov. 15, 2011 issue

6 | TUESDAY, NOVEMBER 15, 2011 THE CHRONICLE

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on specific cases that may potentially come before the court, he noted the importance of the military commission review.

“The American and international communities will be closely watching what happens at Guantanamo Bay to hopefully see that the system works as Congress intended when it enacted the law three years ago and to remove any of the taint that some people feel sur-rounds the military commission system,” Silliman said.

Silliman went through an extensive vetting process by White House officials prior to receiving the nomination. The Senate Armed Services Committee will hold a hearing in which Silliman will testify before the committee decides to confirm his nomination, though the exact date of the hearing remains un-known, Silliman noted.

William Pollard, a partner at the New York City-based law firm Kornstein Veisz Wexler & Pollard, LLP and former assis-tant United States attorney in New York, was appointed to the court as well.

“[Pollard and Silliman’s] extensive experience in both military and civil-ian law make them uniquely qualified to both protect our national security interests and uphold our highest judi-cial standards,” Obama said in a White House news release Nov. 10.

Before coming to Duke, Silliman served in the Air Force for 25 years as a staff judge advocate, senior at-torney for Tactical Air Command and then as a senior attorney for Air Com-bat Command.

“I’ve known him for more than 35 years, and I really cannot think of a bet-

ter selection for this particular job,” said Charles Dunlap, visiting professor of the practice of law and executive director of the Center on Law, Ethics and National Security. “I admire him for wanting to take it on because it is going to be a very challenging job.”

Silliman’s professorship followed his retirement from the Air Force where he garnered practical experience with mili-tary proceedings. This experience con-tributes to Silliman’s expertise in the field, Dunlap noted.

“The reputation that Professor Silli-man built here at Duke as one of the na-tion’s foremost national security schol-ars is certainly a factor that brought his name to the forefront,” Dunlap said.

Silliman’s reputation, integrity and experience makes him the model candi-date for the position, Kohn said.

“If I needed to be defended in some court where his expertise was relevant I would call him first. I would put my life in his hands,” Kohn said. “He is truly an outstanding lawyer and human being, and his values, ethics and integ-rity are, in my judgment, of the highest standard.”

Kohn noted that some aspects of the military commission courts, in particular whether their procedures and processes conform to standards of international and American law, need more legitima-cy. Silliman’s nomination would add to that legitimacy.

“The fact that the United States gov-ernment nominated a lawyer of Scott Silliman’s outstanding record, experi-ence, accomplishments and balanced objective viewpoints speaks well for the government’s attempt to see this process through in such a way as to gain the ap-plause of the American and world opin-ion,” Kohn said.

SILLIMAN from page 1

Page 7: Nov. 15, 2011 issue

SportsThe Chronicle

www.dukechroniclesports.com

TUESDAYNovember 15, 2011

BLUE ZONE Head coach Joanne P. Mc-Callie announces the sign-ing of three new recruits.

More coverage of Coach K’s chase of 903 career victories.

Highlights of a storied coaching career

Blue Devils draw Georgia State in NCAAsMEN’S SOCCER

CHRONICLE FILE PHOTOS

Head coach Mike Krzyzewski would become the winningest head coach in NCAA Division I men’s basketball history with a win Tuesday night.

Back in the summer of 2008, I sat at home in Colo-rado eagerly anticipating my freshman year at Duke. In my quest to fill my head with every possible ounce of knowledge regarding the basketball program, I had a very exciting moment of realization.

Head coach Mike Krzyzewski sat at 803 career wins. I thought to myself that by assuming the Blue Devils would win 25 games each season for the next four years,

a conservative estimate, I would be able to see that record-setting victory —No. 903—at the end of my senior year.

Krzyzewski and the Blue Devils had other plans of course, win-ning 30 games or more each of the past three years to speed up that time line significantly. Now,

as the coach sits on the cusp of history, I have assembled a committee of one to present to you the most memo-rable of Krzyzewski’s victories on the path to 903.

Obviously it was nearly impossible to narrow this list to five games, so this collection was chosen using an ar-bitrary, subjective evaluation combining significance to the Duke program and Krzyzewski’s career along with overall entertainment value of the game itself.

No. 5: March 30, 1991, Duke 79, UNLV 77; Win No. 335

One year earlier in Denver, the Running Rebels beat the Blue Devils by 30 points in the NCAA championship game. This time around, in the national semifinal in In-dianapolis, Duke—featuring Christian Laettner, Grant Hill and Bobby Hurley—managed to stay with UNLV’s high-tempo team for an entire 40 minutes. After 17 ties and 25 lead changes, Laettner hit two free throws with just over ten seconds remaining to end the Running Rebels’ hopes at the first undefeated season since Bob Knight’s 1976 Indiana squad. Duke proceeded to defeat

SEE CLAXTON ON PAGE 8

CHRIS DALL/THE CHRONICLE

Duke players react after being selected to play a home match in the first round of the NCAA tournament.

by Andrew BeatonTHE CHRONICLE

Duke gathered Monday afternoon to view the selection show revealing the 48 teams that will compete in this year’s NCAA tournament.

Although the Blue Devils (10-7-3) had to wait until the second half of the bracket to hear their name called, their patience was rewarded with an at-large bid and a home matchup, hosting Georgia State (13-7-1) this Thursday at 7 p.m. at Koskinen Stadium.

The tournament is formatted with 16 seeded teams receiving first-round byes, and 32 unseeded teams squaring off on Thurs-day. The ACC is well-represented in the field with the second-most number of teams of any conference with six. The Big East has seven teams in the field, but the ACC has the highest overall conference RPI.

North Carolina is the No. 1 overall seed in the tournament while Boston College and Maryland are seeded fourth and fifth, respectively.

“It’s a great conference. The fact that we have two teams in the top four speaks vol-umes,” Terrapins head coach Sasho Cirovs-ki said via telephone during the telecast.

Duke, Wake Forest and Virginia are all un-

seeded, and no other ACC team is in the same quadrant as the Blue Devils. Even though many teams have better records than Duke in the tournament, the team is counting on its experience playing in the nation’s best confer-ence to guide it through postseason play.

“ACC teams have been playing good games throughout the whole year so they’re ready for big-time games,” senior midfielder Chris Tweed-Kent said. “Other teams which haven’t been playing as dif-ficult teams, but have better records, will have a harder time.”

One of the teams that falls into that cat-egory is 10th-seeded New Mexico, which awaits the winner of the Blue Devil-Panther first-round matchup. The Lobos finished the season undefeated and No. 1 in the NSCAA coach’s poll, but played an easy schedule in the Mountain West Conference.

Duke made it to the second round of the NCAA tournament last year, beating Coastal Carolina at home, and is hoping for a chance to upset New Mexico in this year’s round of 32 with another victory at Koskinen.

“I think we always play extremely well at home,” Tweed-Kent said. “It will be nice to hopefully get a win here and then whatever happens, happens.”

RyanClaxton

Page 8: Nov. 15, 2011 issue

8 | TUESDAY, NOVEMBER 15, 2011 THE CHRONICLE

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Roy Williams and the Kansas Jayhawks two days later for the program’s first national championship in its fourth consecutive Fi-nal Four appearance.

No. 4: March 6, 2010, Duke 82, North Car-olina 50; Win No. 859

The only regular season game on this list, the 2010 matchup at Cameron Indoor Stadi-um between the Blue Devils and Tar Heels was an important game for Duke for a variety of reasons—first and foremost being that Krzyze-wski’s team finally ended a four-game losing streak to North Carolina at Cameron. The Blue Devils had 53 points at halftime on their way to recording the largest margin of victory in the history of the rivalry. In the context of the 2010 season, the win capped a 17-0 home slate for Duke and boosted its case for a No. 1 seed in the upcoming NCAA tournament. The team had lost earlier in the week at Mary-land, but the slaughter of the Blue Devils’ big-gest rival signaled that this team was serious about making a run in the tournament.

No. 3: April 5, 2010, Duke 61, Butler 59; Win No. 868

As fate would have it, the Blue Devils did not lose again in 2010. But boy did they come close. In a shot that would have been bigger than The Shot had it gone in, basketball fans across the country watched in awe as the out-come of the season flew through the air in Indianapolis. After Krzyzewski instructed se-nior Brian Zoubek to miss a free throw with 3.6 seconds remaining—with the Bulldogs without a timeout—Hayward’s Heave seem-ingly traveled in slow motion from half court, off the backboard and off the front of the rim. The victory gave Krzyzewski his fourth title spanning three decades, and marked the crowning moment of the senior class of Zoubek, Jon Scheyer and Lance Thomas.

No. 2: March 10, 1984, Duke 77, North Carolina 75; Win No. 135

Perhaps the most important game on this list in terms of Krzyzewski’s individual career, the Blue Devils’ upset of the then-No. 1 Tar Heels was a moment of vindica-tion for the head coach. For the better part

of the first four years of his tenure, alumni and donors had little patience for the un-known coach from West Point.

But his program was finally on the rise during his fourth year in Durham, behind the strength of the 1982 recruiting class of Johnny Dawkins, Jay Bilas, David Hender-son and Mark Alarie. As sophomores in 1983-84, the group was joined by freshman point guard Tommy Amaker—the missing piece of the puzzle. Duke jumped above the 20-win mark for the first time in Krzyzewski’s tenure and faced a matchup with the na-tion’s top team in the ACC semifinals.

North Carolina boasted one of its most talented rosters ever and had already beaten the Blue Devils twice during the regular sea-son. But it was Dawkins’ explosive first half and Henderson’s four free throws down the stretch that carried Duke to the upset despite Michael Jordan’s 22 points for the Tar Heels. The upset marked a monumental boost to Krzyzewski’s credibility, and Duke reached its first NCAA championship game of the Krzyzewski era just two years later.

No. 1: March 28, 1992, Duke 104, Kentucky 103, OT; Win No. 368

An obvious choice for the most memora-ble game of Krzyzewski’s career, The Shot was not only immediately legendary on its own, but it changed the way teams play defense at the end of a game. Trailing by one with 2.1 seconds left in overtime, an unguarded Grant Hill heaved a one-handed inbound pass from under his own basket to Christian Laettner at the other free-throw line. One dribble, a turn and Laettner put up The Shot that sent the Blue Devils to the Final Four, where they would eventually beat Michigan’s Fab Five for their second consecutive title.

It is no coincidence that all five of these games were played after March 1, and that three of them were in the NCAA Tournament. Krzyzewski made a name for himself over the past 36 years by winning the biggest games on the biggest stages in college basketball.

These five games are merely a snap-shot of the career of a man who will likely be remembered as the greatest coach of all time—in any sport. There were other championship games of course, as well as epic battles with North Carolina, Laettner buzzer-beaters and top recruiting classes.

But as the players and opponents change, there remains only one Coach K.

“You never want to be the guy that threw to Hank Aaron,” Michigan State head coach Tom Izzo said. “It’s an incredi-ble feat he’s trying to get to. I hope he gets there. I just hope it’s not on our night.”

The two programs met last season at Cameron Indoor Stadium, resulting in a 84-79 win for Krzyzewski. Seven of the 10 players who started in that game are no longer with their respective programs, though, leaving both teams reliant on their youth. Five of the 10 Michigan State players to see at least 10 minutes of playing time in the team’s opener were freshmen or sophomores.

The biggest early issue has been at the point guard position, where converted shooting guard Keith Appling started last Friday. Freshman Travis Trice is the team’s only true point guard, but wheth-er he is ready to start at the collegiate level remains to be seen.

The Duke backcourt, which Izzo said has “not as much depth” as it has had in recent years, is still trying to single out an effective primary ballhandler. The duties have so far been split between Seth Curry, Tyler Thornton and Quinn Cook, but the team is still looking for the best way to uti-lize its guards in orchestrating the offense.

“We are not a selfish team, but at

times we don’t see other people because we get immersed in what we’re doing individ-ually,” Krzyzewski said after his team’s win over Presbyterian Saturday. “That’s part of what a young team does.”

Krzyzewski said his biggest matchup con-cern, though, was with Draymond Green. The 6-foot-7, 230-lb forward racked up 19 boards against North Carolina’s John Hen-son and Tyler Zeller last week.

“Chris Collins [did advance scouting in preparation for] Michigan State, and he just said, ‘Coach, they really rebound,’” Krzyzewski said. “We don’t have Henson [who had nine blocks against the Spartans] so we better block out before they get that first rebound.”

Green, along with teammate Adreian Payne, will provide tougher matchups for Ma-son and Miles Plumlee, along with Ryan Kel-ly. who have been dominant during the early season. The trio has tallied 74 points and 48 rebounds in the team’s first two games.

“Duke has a better inside attack than they’ve had [in recent years],” Izzo said. “It’ll be a different kind of game.”

“Different” is an understatement consid-ering the atmosphere surrounding Krzyze-wski as he tries for his record-breaking win, though even he is ready to move on with the rest of the season.

“I wanted to get done with it last March and April, because it would have been under the radar,” Krzyzewski said. “That would have been the best.”

CLAXTON from page 7

M. BASKETBALL from page 1

JULIA MAY/THE CHRONICLE

Mason Plumlee has made 12-of-18 field goals in the first two games of the Blue Devils’ season.

Page 9: Nov. 15, 2011 issue

THE CHRONICLE TUESDAY, NOVEMBER 15, 2011 | 9

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An alert student of mine let me know the other day that students at Harvard Univer-sity staged a walkout of their Principles of

Economics course, which is known there as Ec 10, as part of the Occu-py Harvard movement. This inter-ests me for several reasons, includ-ing the fact that I’m scheduled to teach Principles myself next semes-ter. Also, the instructor of Harvard’s course, Greg Mankiw, was on my Ph.D. thesis committee.

I’m wondering, of course, wheth-er students will stage a walkout of Econ 51 next semester. But I’m also wondering whether I’ll notice, since students usually stage a walkout of this course every Spring semester. It’s called tenting. That makes me won-der, in turn, whether this year we’ll call tenting “Occupy K-ville.” But that sounds like some kind of stunt the UNC students would try to pull to im-press Dick Vitale (line monitors, please take note). So I hope we just stick to calling it tenting.

I have mixed feelings about the Harvard walk-out. Although I completely support students’ rights to walk out in protest of any course they wish, especially if it means they haven’t done the problem set anyway, I’d still rather have them stay in class. And that’s even after they say some of the less well-informed things that were quoted in the Harvard Crimson article, like one student who said, “Ec 10 is a symbol of the larger economic ideology that created the 2008 collapse. Professor Mankiw worked in the Bush administration, and he clearly has a conservative ideology.” Kid, thank you for going to Harvard instead of Duke.

I really don’t think that Professor Mankiw was trying to brainwash his students with any conser-vative ideology or agenda. I make this statement based on my own experiences, though they took place before the advent of either the Internet or electricity (I can’t remember which one any more) and are therefore highly suspect. I was a teaching assistant for Mankiw’s fi rst-year Ph.D. course in macroeconomics for two years, which means that I sat in on his entire course twice.

If there’s any strong ideological undercurrent in Mankiw’s teaching, I would say that it’s Nerd-ism: the belief that people should listen to, and learn from, nerds…. Because believe me—and I say this with genuine respect and affection—Mankiw is a nerd’s nerd. Beyond that, though, the place where Mankiw shows up on the ideological spectrum is that he’s supposedly a Keynesian. But in one of the Ph.D. classes I sat in on, Mankiw de-fi ned his own Keynesianism as simply the belief that government can have a positive impact on the

economy. That was his response, by the way, to a fi rst-year Ph.D. student’s attempt to call him out on being a Keynesian. Mankiw’s statement doesn’t

seem to place him either with the Tenured Radicals or with the Ayn Rand crowd.

For some reason, people across the political spectrum seem to think that colleges and universities have some kind of ideological code they require their faculty to subscribe to. Or perhaps they think there’s some kind of peer pressure that profes-sors exert on each other so that everyone mouths the same political

views. All I can say is that I’ve never experienced any of that—though the thought of my colleagues using classic peer pressure enforcement mecha-nisms on each other—noogies and wedgies—is sort of amusing. And besides, the saying that man-aging professors is like herding cats is absolutely true. We can’t even enforce a dress code on fac-ulty, for crying out loud—and yet people want to believe that universities can tell their faculty what to think?

Professors do have an agenda that they want to pass on to their students, but it’s not about get-ting you to agree with their political views. For example, here’s mine. I want to fi gure out what the hell’s going on in our economy, so that we can solve some of its problems and therefore get it to help us solve some of our problems. I have this set of tools that I’m using to fi gure things out, but they aren’t perfect. And the economy is so big and complex that I’ll never understand it by myself.

But I’m hoping that I can interest a few oth-er people to come along and help out with this project—after all, I’m not the one who started this project either. I want to show people how to use these tools, in the hopes that they can learn how to use the tools better than I can, and maybe even go on to make more powerful or precise tools some day. If we all learn to use these tools, then we can have better conversations about what we think is really going on in the economy and how to solve its problems. Sure, we’ll disagree—but even the quality of our disagreements will be higher be-cause we have learned how to think more clearly about the economy and how it works.

We can’t work on this project together if you walk out of my class. Stay in class, and stay healthy next semester, tenters.

Connel Fullenkamp is the director of undergraduate studies and professor of the practice of economics. His column runs every other Tuesday.

commentaries10 | TUESDAY, NOVEMBER 15, 2011 THE CHRONICLE

The C

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The Ind

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Next time, try a sit-in

Benching athletic infl uence

”“ onlinecomment

It might be up to the Plumlees if Coach K wants to get 903 tomorrow. Go Duke.

—“Robert Taylor Holmesv” commenting on the story “Quarterback Thaddeus Lewis.” See more at www.dukechronicle.com.

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connel fullenkampleptokurtotic

State College, Pa.—a town usually known for successful football seasons—is now gain-ing national attention under less auspicious circumstanc-es. Scandal has rocked Penn-sylvania State University since it came to light that Jerry Sandusky, a former assistant football coach, was charged with sexually abus-ing several young boys, at times on the property of the university.

This terrible ordeal, swept under the rug by university offi cials since the late-1990s, raises important questions that any university with a high profi le athletics program must face. The Penn State scandal marks the most recent, as well as most egregious, in a grow-ing trend of university mis-

steps in the realm of student athletics.

These episodes have var-ied in severity, often centering around academic dishonesty or inappropriate fi nancial in-

centives. At the University of Miami just

a few months ago, several players and athletics staff pur-portedly curried favor with a university booster, Nevin Sha-piro, who provided the Hur-ricanes with fi nancial favors, including use of his yacht, from 2002 to 2010.

Another case hits closer to home, where the University of North Carolina at Chapel Hill has been the target of an NCAA investigation since 2010. The NCAA alleges that several UNC football players committed academic fraud,

and that former assistant coach John Blake was paid to funnel players toward a pro-fessional agent.

These three examples pro-vide only a snapshot of what is becoming a rampant issue at universities with Division I athletics programs. The case at Penn State takes the problem to a new level, as it involves violent crime as op-posed to mere academic or fi nancial fraud. This incident should prompt us to examine just what role athletics ought to have in a university setting.

We certainly support the existence of university sports. In particular at Duke, athlet-ics defi ne University life in very positive ways, bringing unity and pride to campus. However, as the examples mentioned above reveal,

high-profi le athletics can be too infl uential for their own good. Athletic clout can com-pel university offi cials to act unethically, compromising the reputations and legitima-cy of the very institutions that they represent.

In particular, the Penn State example reminds us that even iconic fi gures in athletics—coaches like Joe Paterno or Mike Krzyzewski—do not live above ethical stan-dards. Duke’s record in this regard has remained positive. Although athletics holds a prominent place in the life of the University, it has not com-pelled us into the realm of the unethical or illegal. Students often criticize inequalities be-tween athletes and non-ath-letes at Duke, citing athletes’ plentiful tutoring opportu-

nities and early registration windows, but such advantages are small and do not signify a breach in ethics.

We commend the Univer-sity for its policies in this re-gard and urge administrators, in response to the Penn State scandal, to enforce policies with renewed vigor in recog-nition of potential for infl u-ential programs to run awry.

Duke’s athletics should continue to be a large part of the University. Duke bas-ketball is and ought to be a staple of student life, but its infl uence should never push individuals to commit acts in violation of the law. Penn State now faces repercussions on both its fi nances and its public image. This is a fate Duke would do well to avoid in the future.

Page 11: Nov. 15, 2011 issue

commentariesTHE CHRONICLE TUESDAY, NOVEMBER 15, 2011 | 11

lettertotheeditorDuke Football still lacking fundamentals

I attended Saturday’s Duke-UVa football game in Charlottesville, Va., with a group of eight other young Duke alums, and we were dismayed to see that the Blue Devils continue to be plagued by basic football errors, namely dropped passes and missed fi eld goals. The Chronicle’s coverage of the game highlighted missed assignments on defense as a reason for the loss to the Cavaliers, and those instances surely didn’t help the team’s cause Saturday, but Duke could have easily scored 41 points and remained in bowl contention. If not for two touchdown drops by Donovan Varner, a drop on a critical third down by Cooper Helfet, two missed fi eld goals by Will Snyderwine and the decision not to trust Snyderwine with another kick—Duke in-stead got stopped in the red zone on fourth down—the Blue Devils would be 4-6. And if David Cutcliffe’s staff had addressed those issues earlier in the year, the team would be a whole lot better than that.

Gabe Starosta,Trinity ’10 and former sports editor for The Chronicle

Duke is a very strange place for me. There is a ten-sion here that I could not deconstruct for many years. My background led me, for four years, to

work maintenance at a community college in Ar-kansas. Most of my cowork-ers were professional La-bor, a few specializing in a trade. Many students at this school were either from, or studying to join, the profes-sional Labor ranks. Due to this connection, we workers were respected and could easily connect with the stu-dent body.

Many will say that Duke is a privileged space—therefore whining is more a show of how spoiled we are. Others, like me, resoundingly disagree—Duke is a supremely f—ed up space (The Chronicle censors words betraying my class background). Privilege denies a space the ability to be f—ed up and presupposes that the “unprivileged space” of our fantastical imagination is the space from which all error originates. I know and love my “unprivileged space” down South—don’t be fooled, we’ve got tomorrow’s an-swers already spun on our front porches and no-porches; stop denying this space its true privilege and see what we can do. Here, many students have never connected to life as most Americans—much less world citizens—experience it. No, I’m not talking about the resume-padding institu-tionalized poverty tourism; I’m talking about true, lived connections. Duke is not a privileged space—we are the sick brethren in need.

Structurally, as an extension of the antebellum mod-el, Duke minimizes interaction between its students and Labor force. When the few of us do reach out—circum-

navigating the justifi ed skepticism—we fi nd a plethora of grievances: third party contractors, like Bon Appetit Man-agement Company, operate as a buffer between Duke and Labor; union rights are greatly curtailed through a variety of mechanisms like no-strike clauses; cost-of-living raises sometimes fall short of even currency infl ation; split-shift work keeps workers on campus for 10 or 12 hours but only pays for eight; shifts are sometimes cut as little as 15 minutes to avoid full time designation; non-union eateries benefi t from union presence without paying membership dues or sharing the risk of organized Labor.

Don’t take my word on the problems around here—get to know your dining employees, custodial staff and main-tenance workers; let them know you care and want to see Duke become a mutually supportive space.

I propose that Duke require its students to work in a Labor fi eld of choice while enrolled. Upon entering the fi eld, students would start at the very bottom. Every stu-dent would, as a member of the Labor force, join the American Federation of State, County and Municipal Em-ployees called Local 77 or the International Union of Op-erating Engineers called Local 465. Four years of Union membership and Labor experience will benefi t every Duke student and open career Labor, Union and Labor-organizing paths. We students have very little to offer our workers beyond respect, friendship and solidarity (which, if actually offered, would be revolutionary). Educationally, Duke should open its classrooms to Labor; all involved in a more diverse classroom would benefi t greatly. Campus Labor, on the other hand, can offer Duke experience and skill. My education primarily derives from working with my hands and my back; Duke students deserve the same op-portunity.

Duke must reject the market trend of distancing itself from Labor with third party contractors. The use of fran-chise chains should be replaced by local businesses staffed

by Duke employees with Union protection. Employers like Twinnie’s should continue their business model (after losing the Starbucks coffee—come on, we have Counter Culture right here!) with the same, newly unionized em-ployees. Most atrociously, other eateries, like McDonald’s and its health effects, should not be tolerated on campus. I understand that these can be the only affordable eateries on campus; workers should have the right to a daily shift meal, or two if applicable, at campus eateries.

Duke must dismantle the top-heavy hierarchy stifl ing the dining halls. It must allow workers to make collective decisions about their workplace based on direct student input and the results of a student-dining labor committee reporting directly to the highest levels of campus adminis-tration. Similar committees should be formed to foster col-laboration between students and maintenance, as well as housekeeping and bus drivers. Students desperately need the fully invested education provided by personal Labor integration and interaction with professional Labor.

A program aiming to integrate Labor and students must make explicit that no workers will lose their jobs. Most campus Labor sectors are understaffed and overworked. Most of the capital needed to support this proposed pro-gram would be secured after the removal of bureaucrats and national contractors removing capital from the local economy. Redirect this capital to professional and student Labor. Restore campus union rights, not because of legal obligation, but out of respect, moral obligation and sus-tainability. We must openly challenge the Labor stances taken by the Board of Trustees and administration—both during their tenure and time away from this campus. Duke suffers from its lack of connection to Labor; an emergency treatment is in order.

Josh Brewer is a Trinity senior. His column runs every other Tuesday.

Duke Labor

The Supreme Court heard arguments last week in a case that asks what role the Fourth Amend-ment will play in the 21st century, when satellite

systems, GPS devices and smartphones increasingly make it possible for the gov-ernment to track our every move without human intervention. At stake is whether technology has overtaken privacy and whether the Constitution has anything to say about it.

If we are to retain the privacy essential to a free so-ciety that the framers sought to protect, technology must be regulated by the amendment that prohibits unreasonable searches and seizures. But to do so, the Supreme Court may need to revise its interpretation of the Fourth Amendment.

The court has been here before. In 1967, it belatedly ushered the Fourth Amendment into the 20th century when it ruled in Katz v. United States that, before the government wiretaps a citizen’s phone, it must obtain a warrant based on probable cause. The court had previ-ously ruled that the police needed a warrant only when their search actually invaded property. Because wiretaps could be installed far from a suspect’s property, the court had deemed them to be of no constitutional concern.

In Katz, however, the court recognized that, unless the rules were changed, privacy would be rendered ob-solete by technological advances. Proclaiming that the Fourth Amendment “protects people, not places,” it ruled that, whenever the government invades a “reason-able expectation of privacy,” it must satisfy the Fourth Amendment and that people reasonably expect their phone calls to be private.

The court may now need to update constitutional doctrine again to account for more recent technological innovations. In the case heard Tuesday, United States v. Jones, the police secretly attached a global positioning device to the underside of a suspect’s car, turning the car into a 24/7 surveillance tool that tracked his every move and, after a month, led them to a large cache of cocaine. The government did not have a valid warrant, but the Justice Department argued that it didn’t need one. Because the police used the GPS device to gather evidence of the car’s location only on public roads, the administration said, police invaded no privacy and re-quired no warrant.

If the court were to accept this reasoning, nothing in the Constitution would stop the government from us-

ing GPS devices to track all of us, all of the time, without our consent or basis for suspicion. Or as Chief Justice John Roberts noted during oral argument, bringing

the matter even closer to home, noth-ing would stop the FBI from placing GPS equipment on each of the justices’ cars and monitoring their every move. Because such surveillance is inexpen-

sive, the resource constraints that have limited other dragnet-type searches do not apply, and the prospect of sweeping surveillance is real.

In fact, for many of us, the government does not even need to go to the trouble of attaching a GPS de-vice. We already carry them voluntarily. Smartphones use GPS-like technology to transmit to cellular service providers the location of the phone at all times, and therefore the location of the owner as long as he or she is carrying the phone. Many newer cars feature OnStar, a GPS-based service that tracks the car’s precise loca-tion so emergency services can be directed in case of ac-cident. The government has argued that it should have free access to all this information as well because hav-ing “voluntarily” given the information to our phone company or to OnStar, it’s no longer private, and sev-eral courts have agreed.

In short, Big Brother has arrived, and we have in-vited him in. GPS and smartphone devices help us fi nd our way to new restaurants, but they also help the gov-ernment come along for the ride. Should our embrace of these modern conveniences mean that we forfeit our right to relative anonymity when we travel in public?

When the Fourth Amendment was adopted, people could reasonably expect that their every movement in public would not be recorded automatically and made available to the government without cost. If we are to retain some semblance of that privacy today, a warrant and probable cause should be required when technol-ogy permits the state, with little or no human interven-tion, to conduct round-the-clock surveillance against us. As Justice Stephen Breyer said last week to the govern-ment’s lawyer, “If you win, you suddenly produce what sounds like ‘1984.’” George Orwell might not have been shocked, but James Madison surely would be.

David Cole teaches constitutional law and criminal proce-dure at Georgetown University’s law center. This column origi-nally ran in The Washington Post on 11-13-11.

Big Brother is here

josh brewersouthern socialism

david colethe washington post

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Come to an information session on

Thursday, 11/17 at 4 p.m. in The Chronicle offi ce, 301

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Page 12: Nov. 15, 2011 issue

12 | TUESDAY, NOVEMBER 15, 2011 THE CHRONICLE

Artsdu

ke

arts.duke.eduThis message is brought to you by the Center for Documentary Studies, Duke Chapel Music, Duke Dance Program, Duke Performances, Duke Music Department, Nasher Museum of Art at Duke University, Department of Theater Studies, and William R. Perkins Library with support from Office of the Vice Provost for the Arts.

Ongoing Exhibitions

Events - Nov. 15 - Nov. 21

Screen Society

November 15Good Times. Rights! Camera! Action! film screen-ing. 7pm. FHI Garage, Smith Warehouse. Free.

November 16Author Event. Paul Hendrickson on his new book, Hemingway’s Boat: Everything He Loved in Life, and Lost, 1934-1961. Part of the Documen-tary Writing Series at the Center for Documentary Studies. 7pm (5:30pm, reception). Free.

November 17Duke Wind Symphony. Verena Mösenbichler-Bry-ant, dir. Flutes en masse, featuring Rebecca Troxler and the Duke University Wind Symphony Flute section. 8pm. Reynolds Theater. Free.

A Doll’s House. By Henrik Ibsen, directed by Ellen Hemphill, Theater Studies faculty. The clas-sic story of the first “real housewife” of modern drama. 8pm. Sheafer Theater. $10 gen., $5 stu-dents & sr. citizens. The show will also take place on November 18 and 19 at 8:00pm and will take place on November 20 at 2:00pm.

November 18Djembe and Afro-Cuban Ensembles. Bradley Simmons, dir. w/guest artist Kimati Dinizulu. 8pm. Page Auditorium. Free.

November 19The Joint is Jumpin’. Music from the Swing Era. Duke Jazz Ensemble, John Brown, dir. & Duke Op-era Workshop, Susan Dunn, dir. 8pm. Reynolds Theater. Free.

November 20Free Family Day. Gallery hunt, make-and-take crafts, live entertainment. Noon-4pm. Nasher Museum of Art. Free.

All events are free and open to the general public. Unless otherwise noted, screenings are at 7pm in the Griffith Film Theater, Bryan Center. (N) = Nasher Museum Auditorium. (SW) =Smith Warehouse - Bay 4,C105. (W) = Richard White Auditorium.

11/15 GOOD TIMES (SW) - discussion to follow. Rights! Camera! Action! film series

11/15 An Evening with Experimental Filmmaker Roger Beebe (8pm) Featuring short films projected simultaneously on multiple projectors.

11/16 BEIJING TAXI (8pm, W) - w/ director Miao Wang in person! Cine-East: East Asian Cinema series

11/17 MOOZ-LUM (W) Skype Q&A w/ director Qasim Basir to follow!Muslim Diaspora Film Series

Sing-Along OF

Handel’s

MessiahSing-Along

OF Handel’s

MessiahSing-Along

OF Handel’s

Messiah

SundayNovember 20 at 6:30pm in Duke ChapelFree

Duke Chapel Music will present a Sing-Along of Handel’s Messiah. All are welcome. Scores will be provided at the door.

The Deconstructive Impulse: Women Artists Reconfigure the Signs of Power. Thru Dec. 31. Nasher Museum of Art. Free.

EXHIBITION. Becoming: Photographs from the Wedge Collection. Thru Jan. 8, 2012. Nasher Museum of Art. Free.

Looking In, Looking Out. Duke’s Thompson Writing Program takes student writing beyond the classroom and into the public eye. Thru Jan. 9, 2012. Perkins Library Gallery. Free.

http://ami.duke.edu/screensociety/schedule