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Boston College Law School Magazine

4-1-1993 Boston College Law School Magazine Spring 1993 Boston College Law School

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PUBLICATION NOTE

E DITOR IN CHIEF/PUBLICATION D IREC.TOR Amy S. DerBedrosian

SENIOR EDITOR Brian P. Lutch Associate D ea n, Administration

PHOTOGRAPHERS Sarah Hood, Sue Owrutsky, David Oxron (photos on pages 17, 20 courtesy of The British Tourist Aurhority)

DESIGN CONSULTANT Stewart Monderer Design, Inc.

For additional information or questions about Boston College Law School Magazine, pl ease contact Amy S. D erBedrosian, Boston College Law School 885 Centre Street, Newton, MA 02159 (617) 552·3935

Copyright 1993, Boston College Law School. All publication ri ghts reserved.

Opinions expressed in Boston College Law School Magazine do not necessa rily refl ect the views of Boston College Law School or Boston College.

On the Cover:

!tria Pyle Fami '87 and james P.D. Fami '86. who WI01e a book on legal and other refonns in Poland, are represen121ive of Law SdIoaI -ni, faculty. and students with international interes1s. SPRING 1993 VOLUME 1 N U MBER 2

F EAT U RES

A Dean for All Seasons BOSTON Teacher, scholar, lawyer, leader - Daniel R. Coquillette steps down 7 COLLEGE as Dean o/Boston College Law SchooL LAW SCHOOL MAGAZINE Building an International Vision 10 Boston College Law School takes a place in the global society.

A Legal Experience Like No Other 17 The Law School's London Program offers unique international learning.

Ties to Foreign Lands 21 Students' international experience spam the globe as well as numerous legal and other interests.

Working the World from Washington International law and the nation's capital go hand-in-hand for Boston College Law School alumni.

Testing the Patterns Proftssor Robert H Smith reveals how computer technology offers 33 a new perspective on United States Supreme Court decisions.

DEPARTMENTS

IN BRIEF 2

FACULTY NEWS AND NOTES 40

ALUMNI NEWS AND NOTES 44 Aviam Soifer Named Dean of Boston College Law School

I AI viam Soifer has been appointed as the next Dean of Boston College Law School and will assume his new position in July. Upon naming the new Dean, Boston College President J. Donald Monan, S.]., noted, "I am confident that Dean Soifer brings a commitment to schol­ arship and a concern for the distinctive values of collegiality and of quality in legal education that will advance the Law School even further." Soifer has been a professor at Boston University brief School of Law, where he has taught in the areas of constitutional law and legal history and has served as the chair of administrative committees responsible for the curriculum and academic appointments, promotions, and tenuredecisions. Prior to 1980, Soifer was a member of the law Aviam Soifer, the new Dean of Boston College Law School faculty at the University of Connecticut. He also was a law clerk for United States Judge Jon O. Newman of the District of Connecticut. Association of American Law Schools (AALS), for Soifer has published extensively on the subjects which he has fulfilled administrative roles on several of constitutional law and American legal history. committees. He has served on the board ofgovernors His most recent scholarship includes the articles of the Society ofAmerican Law Teachers since 1982 "Reflections on the 40th Anniversary ofH urst' s and has been a member of the board of directors of Growth of American Law," 11 Law & Social the American Society for Legal Hisrory and the Inquiry 161 (1992), and "On Being Overly board of editors of the Law and History Review. He Discrete and Insular: Judicial Scrutiny ofGroups also has organized the National Robert Cover in the Anglo-American Tradition," 48 Wash. & Memorial Public Interest Conferences since 1988. Lee L. Rev. 381 (1991). Currently, he is Soifer holds a B.A. inAmerican studies, a master's completing a book titled Keeping Company: The degree in urban studies, and alD. degree, all from Substance ofPluralism in American Law. Yale University. Soifer has been active in a number of legal A resident of Cambridge, Massachusetts, Soifer professional organizations, including the is married and has two children. _

Law Student Behind Passage of State Legislation

I AI person is riding a horse. The horse is stung According to Vanderzanden, the new legislation, by a bee or startled by a honking car horn. which affects all but the racing industry, both codifies The horse reacts, and the rider is injured. Should the Massachusetts common law definition of this person be able to sue the horse's owner or negligence and specifies instances of horse-induced handler? injury in which compensation is appropriate. In This question now has been answered in legitimate cases of negligence, liability is not limited; Massachusetts, thanks in part to the legal research at the same time, equestrians are protected from and oral testimony of Danielle Vanderzanden frivolous lawsuits. '93. Her efforts helped bring about passage of In the scenario described above, the person would House Bill 3767, equine liability legislation filed not be entitled to compensation because the injury by the Massachusetts Farm Bureau and signed could not have been predicted or prevented. But into law in October 1992. As Vanderzanden until House Bill 3767 passed, this conclusion was explains, "The legislation simply says that if not clearcut. Vanderzanden needed to delve into inj ury results from the inherent dangers ofriding, nearly 200 years of Massachusetts equine liability a person can't be compensated. If it results from law before finding common law from the early the negligence of a professional, then you can be 1800s stating that horses are inherently dangerous. compensated. " Furthermore, she found few cases to draw upon for

2 BOSTON COLLEGE LAW SCHOOL MAGAZINE precedent; frequently, insurance companies Conference Spotlights Population, Consumption Issues merely paid the injured person and raised subscriber premiums. As a result, those in the equine industry faced skyrocketing III ttook 100 years - from 1830 to 1930 people; Professor Kishore Mandyan ofT ufts insurance costs which threatened their L!J - for the world's population to ex­ University, who is researching the relation­ financial survival; some were choosing the pand from one to two billion; today, world ship between contemporary institutions and risky option of having no insurance at all. population increases by a billion in a decade international environmental inequality; and Vanderzanden became involved in the or less, and six billion people are expected to Keith Winston, a staff scientist with the issue because of the industry's dilemma and inhabit the earth by 1995. In Africa, growth Environmen tal Defense Fund, an her lifelong devotion to horses. Until she is even more rapid, and 29 nations on that organization which focuses on economically heard from Professor Zygmunt J.B. Plater continent will be unable to feed all of their viable solutions to environmental problems. that the independent study he was ptoposing citizens by the year 2000. The final segment of the conference to her concerned horses, she didn't thinkshe So said Werner Fornos, President ofThe considered solutions to the international could add another project to a schedule Population Institute in Washington, DC concerns presented throughout the day. already filled with the Boston College Third and keynote speaker at Boston College Law Panelists were Yale Law School Professor World Law Journal, moot court School's conference titled Sustainable Lynn Berat, also a consultant to the Ford competition, classes, and employment with Solutions: Population, Consumption, and Foundation on SouthAfrican and Namibian a law firm. Butwhen horses were mentioned, Culture. Coordinated by the Conservation issues; Jeffrey Jacobs, a staffscientist wi th the she responded, "In that case, there may be Research Group and co-sponsored by nine Natural Hazards Resource Center who time." additional student organizations as part of concentrates on water resource management Vanderzanden jokingly says, ''1' m atleast the Law School's Diversity Month activities and is studying flooding in Asia; and as serious an equestrienne as I am a law (Page 6), the day-long conference provided Frederick Smith, President of the student." She recalls getting her first pony at a forum for discussion of population and Competitive Enterprises Institute and an age three, and she was a riding instructor by consumption issues, their cultural contexts, advocate of free-market environmentalism, the time she turned 16. Since that time, she and policies which could be applied to which argues that private actions are most has competed internationally, spending twO individual or all nations. effective in promoting long-term years between college and law school as a "We have become an interdependent environmental responsibility. full-time equestrienne. Even as a law world, and a whole new age of law is ahead The conference concluded with a student, Vanderzanden continued to of us," said Fornos, whose work in the field roundtable discussion of the day's issues compete. ofpopulation planning earned him the 1991 featuring interaction between the speakers "I did the independent study because the Humanist of the Year Award given by the and audience members. _ horse industry is very important to me, and American Humanist Association. Turning I know many of the people the law affects specifically to the topic ofpopulation , Fornos very well. 1'd like to see the industry protected noted, "Population planning is only one Law School Ranked in this state, and the insurance premiums way to slow growth while we try to find Among Nation's Best were threatening it," Vanderzanden says. other solutions to economic development. "When the legislation came up and I testified, Each nation must develop its own population Boston College Law School once again has been I was the only person who stood up and said, policies based on its culture, religion, and induded in U.l News and World Report 'I ride, I train, and I also am a law student, ethniciry." magazine's list of the top 25 law schools in the and this is why I think this is the justifiable Fornos was one of ten speakers United States. The Law School was ranked 19th thing to do.' It was great to work on representing a variety of fields who among the country's 176 American Bar Association­ something that really meant something to participated in the conference. Addressing acuedited law schools in the 1993 survey. In me - and to actually see it pass." the topic of population and culture were detennining its ran kings, U.l News and World Since the passage of the equine liability Bunri Makinwa, a Nigerian journalist Report assesses factors such as academic law, Vanderzanden has received several currently with the Harvard Institute for reputation, student selectivity, median LSAT requests for copies of her 23-page legal International Development; Donald scores of applicants, and success in placing memorandum, primarily from those in Minkler, a medical doctor and Professor other states trying to implement similar Emeritus at the Universiry of California in graduates. "The U.l News and World Report survey legislation. And Vanderzanden notes, "In Berkeley who has been a consultant to the results accurately reflect the high quality of our New Hampshire they're also trying to get a World Health Organization; and Thomas academic program. students, and alumni practicing law student in that state to help." Landy, S.]., who specializes in Latin Back in Massachusetts, Vanderzanden is American environmental issues. across the United States," says Boston College Law School Dean Daniel R. Coquillette. "Even so, far from alone in her pleasure over the new Three other panelists spoke about some of the most important attributes - great law. She says, "Everyone in the horse industry consumption and culture. They were Russell spirit and morale - can't be measured but is delighted. The bulk of us in the industry Barsh, who serves as International Officer contribute immensely to the success of the Law realize that when we're on a horse, we can be for the Grand Council ofthe Mikmaq Inclian School." • injured,andwecan'timaginesuingsomeone tribe and whose work involves the impact of who just happened to be present." _ economic development on indigenous

BOSTON COLLEGE LAW SC HOOl. MAGAZIN E 3 Law Student, Professor Argue and Win Landmark Massachusetts Constitutional Case

[L [ ike other students enrolled in Boston College Law School's Criminal Pro­ cess clinical program last fall, Christopher Sundermeier '93 was assigned his first case in early October. Unlike others, however, Sundermeier argued his case before the full bench of the Massachusetts Supreme Judi­ cial Court only two months later. By the luck of the draw, Sundermeier had been handed a "toutine" case that proved far from routine. "It's incredibly unusual for a student to have this opportunity- to argue a landmark Massachusetts constitutional case," says Professor Phyllis Goldfarb, Director of the Criminal Process program. The case of Commonwealth v. Aime proved significant because it served as a challenge to a controversial new Massachu­ setts bail law, which gave a judge the authority to set a high bail ifa defendant was to deemed "dangerous." According Christopher Sundermeier '93 (left) and his Criminal Process clinical program supervisor, Professor Daniel Sundermeier's faculty supervisor, Professor Kanstroom, successfully argued the case of Commonwealth v. Aime, resulting in the repeal of a controversial Daniel Kanstroom, the law was intended to state bail law. protect victims of domestic violence but in actuality could be open to far broader Nonetheless, Sundermeier lost when he addressed the constitutionality of the bail interpretation, as everyone involved in appealed the decision to the Superior Court. law. Though "Am I doing this right?" was Sundermeier's case soon discovered. But the case was not over; Goldfarb, Sundermeier's overriding concern at the Sundermeier's client had been arrested Kanstroom, and Sundermeier decided to start of the case, he was less intimidated by for possession ofa controlled substance with ask the Supreme Judicial Court to review the the time he had to face the entire Supreme the intent to distribute. The client, Carlito bail statute in its entirety, considering the Judicial Court. Aime, had committed no prior drug offenses constitutional defects of the law as well as its Sundermeier says, "When I went before or violent crimes, and no weapons were impact on Aime. Judge Wilkins, I'd seen twO earlier cases. It found in his apartment when the police "We argued that the law deprived a all seemed conversational, so I figured it discovered the drugs. They did, however, person who is innocent until proven guilty would be the same for me. Having done find a large sum of cash, and this led of liberty without due process. The law that, I approached the full bench with the Dorchester (MA) District Court Judge didn't define what danger is or provide same attitude; they would just be asking me Darrell Outlaw to invoke the new bail law, procedures for protecting the person questions. And they pretty much asked the which had gone into effect only the day charged," Goldfarb explains. questions we expected." before. Judge Outlaw determined that the Upon hearingtheirappeal,J udge Herbert Early in April, the Supreme Judicial cash in the apartment indicated Aime was a P. Wilkins of the Supreme Judicial Court Court reached a decision - Sundermeier drug dealer and, therefore, a danger to the lowered Aime's bail to $10,000 and agreed and Kanstroom had won their case. But even community. He set bail at $1 million. to take the case before the full bench. Special before theoutcomewas known, they viewed "I had thought bail would be set between permission was granted to allow astudent­ the opportunity to take the case as highly $500and$1,000," Sundermeierrecalls. "The Sunder meier - to present his argument. beneficial. judge originally was going to let my client go Throughout the process, Goldfarb, "I was interested in criminal law, but on personal recognizance. He changed his Kanstroom, and Sundermeier worked as a never having done it, I wanted to confirm mind when he read the police report. The team. Sundermeiersays, "Mosroftheoriginal my interest. Now I definitely would like to whole thing took maybe three or four research and writing was left to me. Once I do it at some point, though for now I'll keep minutes." had put together a fairly complete brief, they my hand in it on a pro bono basis," says Adds Kanstroom, "We never dreamed picked it up from there. We also worked Sundermeier, who will join the San Francisco, that this law would be invoked against one of with the Committee for Public Counsel California law firm of Bronson, Bronson & our clients only hours after it had gone into Services in strategizing our approach." McKinnon after law school. effect. Even the prosecutor didn't claim our Ultimately, Sundermeier argued the Goldfarb sees the experience as client was a danger to the community." specifics of Aime's case while Kanstroom advantageous not only to Sundermeier, but

4 BOSTON COLLEGE LAW SC HOOL MAGAZINE also for all of the students involved in the who joined the Criminal Process faculty this Kanstroom says. "Clinical education brings Criminal Process program. She says, 'The year, the case represented a dramatic the real world, with all ofits unpredictability, entire case proceeded within one semester. introduction to his new role. to the Law School environment. It's even Students could also see how a relatively small "I didn't come into this expecting to better than practice because you have all of case can have large issues within it." argue a case before the Supreme Judicial the resources of the clinical program and the And for Kanstroom, a long-time Legal Court, but it was the ultimate clinical Law School behind you. The institutional Research and Writing instructor at the Law experience. The best thing for me was being support for and commitment to involving School and an immigration law practitioner part ofa team doing something I believe in," students is tremendous." •

Boston College Law School Volunteers Aid Haitian Asylum Seekers

III t began with a radio report in the spring class of 1994 - Ann Eisenberg, Joanne awesome responsibility when you think that ~ of 1992. Hearing that other law stu­ Kelsey, and Stuart Williams - were on their whatever chance they had of staying in the dents were going to Florida to help Haitian way to Miami. For a week, they would United States depended, in a large part, on refugees gain political asylum in the United become volunteers at the Haitian Refugee how well we prepared their stories. And they States, Boston College Law School student Center, documenting the Haitians' cases for all had horrific stories; you just wanted to do Richard Goldenberg '93 thought, "Why political refugee status. your best for them." not us?" None of the Law School contingent Despite the students' efforts, velY few of Goldenberg, an engineer prior to law arrived with any related experience. They the Haitians were granted asylum. According school, never had been involved in public had been prepared for the assignment only to Eisenberg, there was only a two percent service. But this project intrigued him; he through an informal, evening-long crash­ success rate for all cases considered at the had read about the Haitians' plight and was course in immigration law conducted by time. outraged by the United States immigration Daniel Kanstroom, a Boston College Law Goldenberg says, "The frustration was policy. So Goldenberg set out to discover School professor with expertise in that area. that what we could do was limited. I would whether others at Boston College Law "We were terrified when we first got have liked evelyone to have been given School also would be interested in traveling there," Eisenberg says of the group's initial asylum. But the best we could give them was to Florida to help. encounter with the Haitian Refugee Center. 18 months in the United States to work By June, Goldenberg, Professor FrankR. "It was trial by fire, and there were so many while their asyl um applications were pending Herrmann '77, and three members of the people in the waiting room." and to hope that the political climate in In the midst of the Haiti changed." chaos and frequently For Williams, the frustration was too without adequate great. Though he believes that the Haitians assistance from lan­ are deserving and in great need of help, he guage interpreters, says, "It left me with a sense of futility. You Eisenberg and the work so hard against the tide, saving one others gathered infor­ person among the hundreds, and it's all mation needed to invisible to the government. Yet the people complete asylum ap­ who run the Hai tian Refugee Center were plications. very upbeat and optimistic. I think it takes "People need to a certain kind of character to do this work." meet the legal defi­ In contrast, facing the same circum­ nition of a political stances, Eisenberg was exhilarated. She says, refugee, so you have "It fuels you when you're with the people. tofindoutabouttheir And itwas an incredible learningexperience. political history," says I came back to school and took an Goldenberg, who immigration law course, which put what we notes that this task was did into perspective. This is what I want to difficult because the do with my life. It's political, it's historical, Haitians often viewed it's moral, and it's real people. The experience the interviews as an was so satisfYing." interrogation by a Back in Boston, Eisenberg has remained government official true to her new-found commitment. In Helping Haitians win political asylum in the United States were Stuart Williams, which, in their ex­ conjunction with the immigration law Ann Eisenberg, Joanne Kelsey (standing), Professor Frank R. Herrmann, S.J. 77, perience, meant po- course, she became a volunteer with the and Richard Goldenberg (seated). tential danger. "It'san Political Asylum and Immigration

BOSTON COLLEGE LAW SCHOOL MAGAZINE 5 Representation Project and requested a case New Graduates Awarded Public Interest Law Fellowships concerning a Haitian refugee. "This case has been different from the ones in Florida, though in handling different IT I wo members of Boston College Law founder ofShelter Legal Services Foundation types of cases, I can see the connections," School's Class of 1993 have been (originally known as the Veterans Legal says Eisenberg, who also served as President awarded prestigious fellowships to practice Services Project), a non-profit organization of the Law School's student-run Holocaustl law in the public interest. Manuel Duran through which members ofthe Law School's Human Rights Research Project. will be funded for two years by the National Veterans Affairs Society student group, For Goldenberg, theexperienceofwork­ Association ofpublic Interest Law (NAPIL), practicing lawyers, and other Boston-area ing with Haitian refugees fell somewhere in and Christine Griffin will receive support law students assist with the legal and between that ofWilliams and Eisenberg. He for the same period oftime from the law firm administrative problems of homeless says, "I discovered this was notwhat I wanted of Skadden, Arps, Slate, Meagher & Flom. veterans and women. to do, but I feel inspired to do other pro bono Duran will be involved in housing law Griffin is the first Boston College Law projects. Before I left for Florida, I had no with Bet Tzedek Legal Services in Los School student to receive one of the 25 commitment to giving evety or any Haitian Angeles, California. He was employed by fellowships awarded annually for the past asylum. But I had a commitment to the legal this agency during the summer of 1992 and five years by Skadden, Arps, Slate, Meagher system's ideal ofrepresentation by competent was honored for his work with one of three & Flom to new law school graduates across counsel. And that wasn't going to happen NAPIL Awards for Exemplary Public the countty. In 1993, more than 400 people without volunteers like us." _ Service given nationwide. Duran also is a proposed public interest positions providing legal services to indigent people through existing legal organizations. After the initial screening by the law firm, a Diversity Month Emphasizes Cultural Similarities committee consisting primarily of prominent public service advocates, including Senator Bill Bradley of New I BI os ton College Law School's second campus groups - the Black Law Students Jersey and Children's Defense Fund head annual Diversity Month instead could Association (BLSA) , Conservation Research Marian Wright Edelman, reviewed the 50 have been called Similarity Month, a., the Group (CRG), EnvironmentalA./foirs Law semi-finalists' applications to determine the student organizations planning even ts Review, Federalist Society, H/HRRP, 25 recipients. stressed common concerns ofdifferent groups International Law Society (ILS), LALSA, St. With her fellowship, Griffin will work of people in the United States. Progra.ms on Thomas More Society, Third World Law forthe Disability Law Center in Boston. She first amendment rights and domestic vio­ Journal and WLC. will counsel indigent disabled clients, lence were a.mong those fulfilling Diversity Other student organizations offered particularly underrepresented members of Month's objectives. events focusing on specific groups of people the minority community, about their legal Joint sponsorship of some of the events living within the United States; these were rights under the Americans with Disabilities allowed srudent organizations to express intended not only to enhance under­ Act (ADA). Prior to proposing this project their overlapping interests. For exa.mple, the standing of different cultures, but also to for fellowship consideration, Griffin program on the first amendment was increase recognitIOn of familiar participated in an ADA training progra.m presented by the Federalist Society, the St. characteristics in the traditions of others. sponsored by the Equal Employment Thomas More Society, and the Christian LALSA presented Diversity Tables Opportunities Commission and the United Law Society. Guest speaker Sarah BUel' showcasing the people and cultures of States Department of Justice. Griffin, who Assistant District Attorney with the countries with a Latin heritage, and BLSA uses a wheelchair, was among the 400 Domestic Violence Unit for Suffolk sponsored performances of a choreopoem disabled Americans with an interest in being County (MA), was sponsored by the written by Yolanda Williams '94 and music advocates for disability rights chosen to Women's Law Center (WLC) and the Public by a gospel choir. BLSA also held a dinner receive extensive training in the law and its Interest Law Foundation (PILF), and Stacy with Massachusetts State Senator Dianne regulations; she subsequently took part in Kabat of Battered Women Fighting Back Wilkerson '81 as the keynote speaker. And advanced training and has held sessions on was presented by these organizations as well the culinary accomplishments of many the ADA for disabled people, MassachusettS as the Holocaust/Human Rights Research ethnic gtoups were shared with the entire town governments, higher education Project (H/HRRP). Yet another program, Law School community during an associations, and Boston College. titled Democracy in Crisis: Law, Human international food fair. "The training has given me a lot of Rights, and Constitutional Violations in The month culminated in a social exposure and practice in preparation for the Latin America, was co-sponsored by the gathering which celebrated diversity in the fellowship," Griffin says. "Being disabled Latino Law Students Association (LALSA) United States and also provided an and in the legal ptofession, I realize what a and H/HRRP. And a day-long conference opportunity to welcome prospective great area disability law is. The new law has addressing the impact of population, members of the Law School's Class of 1996, empowered the disabled community; it will consumption, and culture on the global who were on campus for the annual be exciting to be a part of the changes the law environment (Page 3) was presented by ten Admissions Open House. - will bring over the next few years." -

6 BOSTON COLLEGE LAW SCHOO L MAGAZ INE ADFAN

FOR Au SEASONS

Teacher, scholar, lawyer, leader­ HIS SUMMER, DANIEL R. COQUILLETTE WILL STEP DOWN after Daniel R. Coquillette steps down as eight years as Dean of Boston College Law School. He has led Dean ofBoston College Law School T the Law School during a period of unprecedented expansion and enhancement of the academic curriculum and faculty productivity, as well as of tremendous growth in admission applications and fundraising. At the same time, he has taught courses in legal history and professional responsibility; pursued legal scholarship; published two books; and served in prestigious positions such as Reporter to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, member of the American Bar Association's Standing Committee on Professional Ethics, and advisor to the Restatement of the Law Governing Lawyers of the American Law Institute.

In reflecting upon the state of the legal everyone has in common is a system of profession and legal education, Dean laws we all have to live with. Coquillette draws upon all of these experi­ The rule oflaw is what makes the United ences. His words are not spoken in parting; States different from other countries. It is his present plans are to continue as a full­ not our wealth, not our diversity, not our time member of the Boston College Law physical setting. It is that from the beginning School faculty when he is no longer Dean. we have had a constitutional democracy that Rather, they are offered at an opportune I would argue has worked better than any time to consider the past and future as both other in history. We are still the role model the legal profession and Boston College Law for the world." School are in transition.

EXAMINING PROFESSIONAL IDEALS THE PLACE OF LAW rim e have three ideals underlying the I have always believed that the legal .. legal profession. The 'attorney ideal' profession should have dignity. Doc­ focuses on the lawyer as a representative for tors are important; priests, ministers, and the client. The 'officer of the court ideal' is rabbis are important. But in our society, the that all lawyers have an obligation to the legal profession also has a great burden. justice system and are regulated by thecourts. Most of the country's fundamental issues The 'learned profession ideal' adds that we take a legal form. This is a society that are also professionals, and a professional is purports to have equal opportunity and someone who is not in this just to earn a equal justice for all. Within a diverse coun­ living. A professional has other obligations, try, this is a tremendous challenge. Butwhat one of which is service. And there is also a

BOSTON COLLEGE lAW SCHOOL MAGAZINE 7 •

sense that you are part ofa heritage, and that a member of the Standing Committee on mentoring system with a new mentoring comes with an obligation to protect the rule Professional Ethics was what happens when system which is more egalitarian and open oflaw. It is part of our professional identity someone delivers a letter that is not meant and diverse. Without shared values, the prac­ that we are interested in civil rights and for you. For example, suppose a confidential tice oflaw becomes 'get what you can,' and individual rights. report meant to go to the client actually is it doesn't serve the public best. I believe the These three ideals walk around in the sent by error to the opposing counsel. You're justice system that serves the public best is heads of most lawyers. Sometimes they're called by the sender and asked to return it one that doesn't lose sight of the obligation consistent, and sometimes they're in con­ unopened. Twenty years ago, there was no to the rule oflaw and obligation of equality flict, but all three are part of being a lawyer question that this would be done automati­ before the law." today." cally. There was real consensus on how to behave, how far to go with respect to the competition, and how far to go in defending THE PURPOSE OF LEGAL EDUCATION ETHICS AND E VOLUTION your client. The consensus was defined by the shared values of an elite group that he Cynics and the Sophists, ancient • am a legal historian, and I have a dominated the Bar. Today there is actually Greek philosophical schools, believed II special perspective based on study­ ing the state of the profession over hun­ dreds of years. The luxury of being a historian is to be able to see how trends develop and to understand change. The legal profession is changing, and that's the reason for studying its history. History is designed to anticipate change. The most significant change in the legal profession in the past 400 years is the recent entry of women and persons of color in substantial numbers. It is my belief that this should alter the profession; I'd be disap­ pointed if it didn't. If it is to incorporate a large group of people who really have a different perspective, and if these people are to have a fair opportunity to advance, the profession has to change. The source ofethics in the old days, based on homogeneity and a sense of elitism at the Bar, has disappeared to a large extent. Prac­ titioners are far more diverse, far more demo­ cratic, and have far less in common. Today, '1 believe the justice system that serves the public best law firms function as large businesses; people are more concerned about the business as­ is one that doesn't lose sight ofthe obligation to the pects of law practice and less concerned about the profession being a system of jus­ rule oflaw and obligation ofequality before the law. " tice. Even 20 years ago, the 'old boy network' was a source of control over commercialism L in the profession. People took it very seri­ ously that they were part of a higher calling debate about whether you should open the that you should teach people to use their and referred to themselves as 'the brethren' letter or whether you should ask your client skills and abilities and not worry about the or said 'my brothers at the Bar.' At that time before returning it unopened." ends to which they putthese tools. For them, the network of lawyers was very intimate. there were no absolute rights and wrongs These were people who went to school except on a subjective, individual basis, so together, maybe even grew up together, and THE BEST IN PROFESSIONAL ETHICS why tell others what to do? Boston College learned at the knee of the person they re­ Law School has taken the opposite point of placed. Though the old system is gone, the D egal education was never the sole view. It is not enough to provide the tools challenge is to find a new system that will ethical base of the legal profession. and the skills without looking at the moral protect the good things about it without Ethics were also passed on by members of and professional ends served. keeping the bad. the Bar, and I still think it needs to be done How do we decide what the right ends One of the issues I addressed recently as that way. We need to replace the old are? I think two things come into play that

8 BOSTON COLLEGE LAW SCHOOL MAGAZINE historically have been highly complemen­ pass on the best parts of our professional ning Pacific Rim and Latin American pro­ tary here. One is the ideal ofJesuit educa­ traditions." grams. We have more courses on interna­ tion. Jesuit schools were established for the tionallaw, and we have more courses with broader goal of care and compassion for international applications. For example, those who need help; there's a mission of LAW IN A CHANGING WORLD jurisprudence and legal history are inher­ service. And there has always been a great ently international courses. Many of the commitment in the Jesuit tradition to the rI.'I' ne of the reasons we train studen ts in activities of our student organizations are ideals of justice and a just society. III law as a humanity rather than just as international; our Holocaust/Human Rights Secondly, because we have a very diverse a technical discipline is because none of us Research Project is an excellent example of student body, this is a good place to work out can be sure how future legal issues will take taking an international perspective. new ways of establishing a sense of profes­ form . No one can predict accurately what In addition, we live in an America in sionalism and to counteract commercialism the next urgent environmental problem will which all of our ideals will be put to the test. and professional cynicism. This generation's be. Ten years ago, no one could have antici­ We can't exploit human or natural resources students are very different from each other, pated the ethnic cleansing we have seen in anymore wi thout thinking of future genera­ but they all have to practice law together. the former Yugoslavia. tions. We have to treat people with dignity, and all people must have a real stake in the future - and that includes people who traditionally have been exploited as well as recent arrivals. These all involve legal issues and legal challenges. At this law school, we prepare students to deal with this and to be leaders in the profession."

ON BEING DEAN II feel my greatest success as Dean is in the quality of the people who have come to the school. There were excellent people when I came here, but the new people - students, faculty, and administrators - also have been first-class and remarkable, and I take pride in that. The challenge now is to keep our outstanding people. And it is also time for mis law school to have a physi­ cal plant that matches the quality of the "This generation's students are very different people. That's what everyone at this school deserves . .from each other, but they all have to practice I also feel I inherited a wonderful tradi­ tion of collegiality and cooperation at this law together. They all have to establish new bonds school, and while we've moved ahead in a number ofways , the tradition has remained. and a consensus on values. JJ The foundation was laid by three former L Deans - Father Kenealy, Father Drinan, and Dick Huber - who were real giants in They all have to establish new bonds and a The American legal profession has to legal education. I hope mat future Deans consensus on values. become more international and cosmopoli­ would not let the tradition be lost." We train our students in the three profes­ tan. It has been very provincial. Though we sional ideals I mentioned earlier. We also have national Bar associations, the profes­ train them with the idea that they will be sion here is still largely organized by state AFTER THE DEANSHIP representing clients and should do a good and city. But we're going to live in a world job for the client who is employing them. in which even national entities become less l!lI1 y emphasis at Boston College Law But we teach this in the context of profes­ important. IIW School will continue to be legal his­ sional and moral responsibility. We've been trying to build this interna­ tory and legal ethics; it's a wonderful place We admit a broad spectrum of students tional vision of the profession into the vision for this rype of teaching. I'll also be writing who have intellectual ability and a record of ofBoston College Law School. Weare doing books and working on legal reform. Francis courage, commitment, and energy. Within this through the London Progran1 covering Bacon said, 'We are all debtors to our profes­ these parameters, it is our responsibility to European Community law and are plan- sion.' It is my intention to repay my debt. ".

BOSTON COLLEGE LAW SCHOOL MA GAZINE 9 BUILDING AN

INTERNATIONAL

VISION

HEN PROFESSOR EMERITUS F RANCIS]. NICHOLSON, S.]. joined the Boston College Law School faculty in 1958, Boston College Law School takes a place in the global society w international law was perceived as a somewhat obscure legal specialty. Accordingly, the Law School did not offer a single course in international law, and its library holdings in that area were limited to a few treatises. Nicholson became the first professor to teach international law to a small number of interested students in the fall of 1959.

Times have changed dramatically. The change as important and are responding to nations and regions of the world are increas­ it. The curriculum has expanded over the ingly interconnected and dependent upon years to include specialized courses, so we one another; this, in turn, requires enhanced now have international environmental law understanding of the legal systems underly­ and international arbitration as well as more ing different political and economic si tua­ traditional international law courses. And in tions. And, Nicholson says, the American addition to courses, we offer the London Bar Association now stresses the need for experience, student organizations and law more students to pursue course work in reviews focusing on international issues, and international law. most important, a substantial number of At Boston College Law School today, faculty who concentrate their teaching and courses in international and comparative research efforts in the area. We provide a law are plentiful, and enrollment in these comprehensive exposure to international law courses is strong. Dean Daniel R. Coquillette, because students not only learn about it in a scholar of English legal history who has the classroom, but also are able to apply their lectured on this and other subjects in several knowledge." countries, has set the tone for the Law School's international expansion in recent years. During Coquillette's tenure, in addition to INTERNATIONAL LEARNING offering new courses, the Law School has OUTSIDE T HE CLASSROOM introduced the semester-abroad London Program combining study at Kings College he student organization formally of the University of London with a legal I known as the Owen M. Kupferschmid internship (Page 17). And a faculty ex­ Holocaust/Human Rights Research Project change with the University of Paris at Nan­ is representative of the Law School's com­ terre has been conducted for many years. mitment to providingcocurricularopportu­ As Associate Dean for Academic Affairs nities to apply and enhance classroom learn­ Mark S. Brodin says, "Law practice is be­ ing. Named in honor of its late founder, a coming more global, and that has had an 1986 Law School graduate, the Project helps impact on firms, particularly in larger cities to ensure that the precedential value of in the United States. We recognize this Holocaust-related law is fully realized and

10 BOSTON COLLEGE LAW SCHOOL MAGAZINE IN THE GLOBAL SOCIETY

Interpreter for a Changing Europe

Professor Hugh J. Ault is an interpreter, though not and negotiate a treaty. They were learning and doing because he speaks German, Swedish, and French in instantaneously. It was absolutely fascinating to bring addition to English. Rather, he is an interpreter of these people into the world of finance and taxation. I United States and international tax systems, and his feel it was pro bono work at the highest level because expertise has earned him indusion on "short lists" it will have a potential impact on the development of of legal experts to whom governments and agencies their economies," says Ault, who this summer will help tum for advice. these new nations develop their corporate tax structures. "I explain the foreign systems to the United Meanwhile, Ault continues to fulfill his role as States and interpret the United States system for the interpreter of prominent international tax issues. While foreigners. I bridge the two systems because I know teaching a seminar at the University of Hamburg last enough about both to explain them in terms based summer, he addressed the debate regarding how foreign on their own systems." Ault says. corporations are taxed on their United States business Ault has assisted the United States Treasury operations, responding to German concerns about Department with international tax matters such as increased taxes. proposals to change international taxation and "I was not trying to justify United States proposals treaties. He has been an advisor to the Icelandic but to explain them and to distinguish between those Professor Hugh j. Ault Ministry of Industry. And the Swedish Finance Ministry that make sense and those that could use refinement," has commissioned Ault to work on that country's Ault says. corporate tax policies. It is unusual, he says. for an In tum, Ault has been an interpreter for Americans professor since 1968, Ault taught the first American to do this. but Ault has long-standing ties of new international corporate taxation resulting from the international taxation course at the Law School. He to Sweden which indude Visiting Professorships at formation of the European Community. Though the laws introduces many of his research materials in the both the University of Stockholm and the University remain in flux. Ault's analysis based on current course he teaches today, International Aspects of of Uppsala. assumptions has been published in a recent issue of the United States Income Taxation. And even in the Most recendy, Ault was one of four experts and Tax I.3w Review. basic tax law courses, Ault presents comparative the only American asked by the Organization for Ault has written extensively on the subjects of examples, such as family taxation in Sweden and Economic Cooperation and Development to train international and United States taxation and tax policy. France, noting that some systems allow tax Finance Ministry representatives from the Baltic He was co-author of and American Law Institute Reporter deductions for items Americans would consider States and former Soviet Republics. Most lacked for the book Intemational Aspects of United States Income personal in nature. backgrounds in finance or taxation, as past officials Taxation, volume one of which he says had a significant "My sense is that the comparative dimension had been Communists since banished from government impact on the United States Tax Reform Act of 1986. Ault is something students aren't expecting but appreciate." "We went from the basic concept of 'What is anticipates that the second volume, released in 1992, will Ault says. Once again assuming the role of incomer to 'What should we look for in negotiating influence future international tax treaty policy. interpreter, he adds, "looking outside your own treaties with developed countriesr I'd give a lecture At Boston College Law School, Ault has been able system and back at your own system frees you from on treaties in the morning. and then Latvia. to apply the knowledge he has obtained through thinking that something must be right because we Lithuania. and Estonia would go into the next room professional scholarship and practical experience. A do it this way." •

applied to state-sponsored human rights International Law Sociery presents acade­ Children's Rights Project, students are able violations today. Members have organized micians, politicians, and practitioners as to research international as well as domestic major conferences bringing international speakers on a range of international topics. issues related to the legal rights of children. experts to the campus to address human In addition, the organization holds career Two law journals and an oral advocacy rights issues. Most recently, the Projectspon­ planning programs in conjunction with the competition also provide opportunities for sored a panel on the ethnic conflicts in the Law School's Office of Career Services. Boston College Law School students to ap­ former Yugoslavia featuring professors and Other student organizations such as the ply and increase their knowledge of intern a­ representatives of the organizations Physi­ Asian Pacific American Law Students Asso­ tionallaw. The Boston College Third World cians for Human Rights and the Lawyers ciation (APALSA) and the Latino Law Stu­ Law Journal focuses on international hu­ Committee for International Human Rights. dents Association (LALSA) sponsor similar man rights and the concerns of minorities The Holocaust/Human Rights Research types of programs specific to regions of the worldwide, and The Boston College Interna­ Project is only one of several studen t groups world of interest to their members. And tional and Comparative Law Reviewpresents addressing international legal issues. The through yet another campus group, the a forum for articles on trade, finance, tax,

BOSTON COLLEGE LAW SCHOOL MAGAZ INE I I IN THE GLOBAL SOCIETY

The Darker Side of German Asylum Law

In 1992, violence and harassment toward foreigners more judges willing to decide cases under the rule of law Ironically, since the time Kanstroom began in Gennany made headlines worldwide. Though the without capitulating to the right wing. Though he feels his Gennan research in search of a model for the ugliness shocked many, it was not surprising to that the vast number of people emigrating to Gennany United States, he believes that application of United Boston College Law School Assistant Professor Daniel necessitates some controls, Kanstroom also believes that States asylum law has improved as Gennany's has Kanstroom, who had traveled in Gennany two years the Gennan courts have not been given the resources deteriorated. earlier to research that country's seemingly to implement the existing right to asylum. "With the exception of the Haitian situation, progressive immigration and asylum laws. He had hoped to find a model for the United States to emulate; instead, he discovered glaring contradictions. "The Gennan Constitution has a powerful statement of human rights, induding a right to asylum. But there has been open asylum without any pressure on the public to have a multicultural society. There was a rising tension between the liberal constitution and the dosed concept of what it means to be Gennan," Kanstroom says. In Gennany, citizenship is based on ethnicity. Therefore, says Kanstroom, a person born in Gennany into a non-Gennan family is not a citizen. However, an ethnic Gennan from another nation, such as Poland or a fonner Soviet Republic. is encouraged to repatriate. It is the rare exception in Gennany's restrictive naturalization process. "Gennany has one of the lowest rates of naturalization in all of Europe, and the interests of society outweigh those of individuals," Kanstroom says, noting that naturalization is expensive, requires passage of language and culture exams, and also is subject to administrative discretion. Until recently, this was of little importance to most immigrants, who had access to Gennany's social welfare system and freedom of movement regardless of citizenship. Kanstroom says, "People didn't feel a need to naturalize. You can work and stay in Gennany for a long period of time. But when neo-Nazi movements take hold, aliens are legally Professor Daniel Kanstroom vulnerable." As Kanstroom interviewed Gennan government officials, judges, refugee workers, and immigration Kanstroom has not returned to Gennany since our asylum system has gotten better. I'm optimistic administrators, he became more concerned. He 1990 but has continued to conduct research on its that in the next few years our system will be fairly says, "Though this was not a major topic at the immigration and asylum laws. He has written an artide well run and not politically biased," says Kanstroom, time, I saw that if the government didn't act based on his work, "'Wer Sind Win Wiederr Laws of who taught, studied, and practiced United States forcefully, violence could occur. The last two and Citizenship, Immigration, and Asylum and the Struggle for immigration law for many years before taking what one-half to three years were a critical period. It's the Soul of a New Gennany," which was published in the he calls the "intellectual next-step" and examining now worse than I expected it would become, and winter 1993 issue of the Yale Joumal of Intemationallaw. another country's system. "In the United States, our I'm much more disappointed. The asylum law in Kanstroom also has addressed Gennany in the context greatest strength is our commitment to a pluralistic Gennany is virtually unique in the world. It's a of the Immigration Law course he teaches at Boston society, and we need to cherish it and care for it shame to see it disappear." College Law School and is interested in offering a seminar and fight for it The laws of irnmigration and asylum According to Kanstroom, Gennany needs focusing on Gennan immigration and asylum as well. reflect the soul of a society." •

12 BOSTUN COLLEGE lAW SC HOOL MAGAZINE corporate, and commercial law. T he Philip C. Jessup International Moor Court Com­ I N THE GLOBAL SOCIElY perition, an interscholastic event sponsored by the American Society of International Law, enables second- and third-year stu­ dents to write a brief and argue an appeal of Introducing Asia Past and Present an international law case. "We are very proud of our Jessup team, which has won its international advocacy As a scholar of Chinese legal history, Adjunct Boston's Gaston & Snow. Weld subsequently left competition, and certainly the journals are a Professor Susan R. Weld enters the world of practice to earn a Ph.D. in East Asian legal Studies crucial part of the Law School's intellectual archaeology as well as law. She explains that at Harvard University. She knew then that this activities," Brodin says. archaeologists discover artifacts of ancient law each decision would lead her to a teaching career. The cocurricular offerings could not year, and she has based her work on these findings. Weld has been associated with Boston thrive, of course, without the academic Weld has written about Chinese contract law foundation provided in the classroom. Bos­ between the eighth and fifth centuries B.c.. a period ton College Law School faculty bring to in which she says legal documents were printed on their teaching knowledge of international jade tablets; these subsequently were buried in pits and comparative law acquired through re­ with sacrificial animals to ensure that the spirits search and scholarship as well as legal prac­ would enforce the oaths. Currently, she is using tice. Their experience spans a range ofs ubject photographs and transcriptions pertaining to a areas and geographic regions. And as the recently discovered grave of an early minister of world and its laws continue to change, the justice in central China to write a book about the content of classroom teaching has shifted man, his responsibilities, and the Chinese system of correspondingly. justice at the time. Weld considers her own research somewhat more esoteric than the topia she covers as a part­

EMERGENCE AND CHANGE time Boston College Law School professor teaching a course tided Law and Society in Japan and China. n the past few years, several European This introductory course on East Asian law surveys D the countries' early legal philosophy as well as the nations have gained independence from Communist rule. Simultaneously, legal systems in place before contact with the long-time democracies are forging a shared Western world and law in the modem era. Weld Susan R. Weld identity as a European Community. The shares the teaching duties with Mary Buck, who immense change has resulted in al tered po­ specializes in more recent Asian law; both also are litical, economic, and legal systems, all of colleagues on the faculty of Harvard Law School in which have an impact on legal education addition to Boston College Law School. College Law School for two years and has been and the legal profession in the United States. ''We lecture on different segments of the impressed by the quality of her students, many of At Boston College Law School, faculty not course. I also think it's interesting to bring in guest whom she says already have some exposure to Asian only are providing law students with an speakers," Weld says, noting that experts on human legal history or work experience in Asia. She believes understanding of the new Europe, but also rights in China and Japanese securities regulation that their desire to learn more about Asia and its contributing to the continent's legal trans­ have further enhanced classroom learning. legal systems will benefit them as lawyers and formation. In her teaching. Weld is able to draw upon citizens. One example is Professor Hugh]. Au!t's experience as a practicing lawyer as well as a "The world is drawing together, and our work with the Baltic states of Latvia, scholar. In the 1970s, she worked with Japanese economic future depends to some degree on our Lithuania, and Estonia (Page 11). In the business clients when she was with the New York ability to cultivate the Pacific Rim. I real~ believe United States, citizens and businesses tend law firm of Oeary Gottlieb Steen &Hamilton and that we can't isolate ourselves," Weld says . • to view the tax system primarily as a burden, but in these new nations, creation of a tax system represents the triumph over Com­ Northern Ireland. Hehas been joined in this Kingdom. Why not carry thar forward?" munism and the promise of political and effort by judges, lawyers, and professors Criminal procedure both domestic and economic stability. from both Northern Ireland and the Repub­ internarional is Professor Robert M. Bloom's Ault is only one ofseveral Boston College lic ofIreland. Though the United Kingdom legal focus. In addition to teachingar Boston Law School professors making an impact in as a whole has neither a written Constitution College Law School, Bloom has compared Europe. Professor John Flackett, who over­ nor a Bill of Rights, Flackett sees his task as American and Italian methods ofprocessing sees the Law School's London Program and formidable but not hopeless. He says, "Spe­ criminal cases as an instructor in Temple teaches comparative criminal law, has been ciallegislation already has been designed for University School of Law's summer pro­ working for several years on drafting and Northern Ireland, which frequently has been gram in Rome. He also has assisted a govern­ gaining support for a Bill of Rights for treated differen tly from rhe resr ofrh e U ni red ment commission there in rewriring Italy's

BOSTON COLLEGE LAW SCHOOL MAGAZJNE 13 IN THE GLOBAL SOCIETY

International Banking Pioneer

Years ago, when few women were lawyers and few lawyers worked in the international arena, Professor Cynthia C. Lichtenstein went from Yale Law School to Wall Street to specialize in international banking. She joined Milbank, Tweed, Hadley & McOoy in 1959 and today serves as a special consultant to the New York law firm. Though she says she "fell into" international banking, Lichtenstein adds, "I realized I was interested in the intellectual challenge of corporate law, and financial services was a form of corporate law." Lichtenstein's major dient was Chase Manhattan Bank, which she counseled as it became a multinational institution. Lichtenstein served the bank from 1963 to 1971 as a part-time associate simultaneously raising three children. Professor Cynthia C Uchtenstein In 1971, Lichtenstein shifted cities and her career focus, joining the Boston College Law School faculty. Over the years, she has taught international banking as well as courses on broader international before stepping down in November 1992. In addition, and Europe. subjects such as trade, human rights, and overall Lichtenstein has participated in the international law Currently, Lichtenstein is exammmg economic law. She also developed a course on foreign sections of both the Boston Bar Association and the international securities law as well as the structure relations and the United States Constitution. American Association of Law Schools. of domestic and international banking institutions. In becoming a professor, Lichtenstein did not Since coming to Boston College Law School, Lichtenstein says of her writing, "As law teachers, abandon her ties to the larger legal community. She Lichtenstein has been able to research and write about we have a unique opportunity, because we dOll't has been active as a committee member and former international banking, its regulation, and related topics have private dients, to influence foreign policy from Vice President of the American Society of International such as international trade. She has published numerous a position of disinterest I hope that I can have an Law and served for six years as President of the artides on these subjects and also has addressed them impact on the United States' international economic American Branch of the International Law Association as a participant in prograrns held in the United States policy. That is why I write." •

code of criminal procedure. Currently he is comparativist training will be puzzled by potential legal responses to them. The stu­ preparing an article examining criminal pro­ different approaches to law. And even people dent group also has been asked by a United cedure in the United States and Italy. in small to medium-sized firms will not Nations-affiliated commission to assist in Professor Michael Ansaldi brings a infrequently find themselves facing issues clarifYing the legal standards which guide comparativist's perspective on several Euro­ with international aspects." the investigation and prosecution of war pean nations to his legal scholarship and crimes in the Balkans. And Professor classroom teaching. His emphasis is on com­ Zygmunt J.B. Plater, whose environmental merciallaw in Italy, Germany, France, and STRUGGLE I N TRANS ITIO N law specialty has led him to become involved Spain; he also speaks the languages ofeac h of in international as well as domestic issues, these countries. C urrently working on an PIlI hange in Europe has not been without now has helped to ensure that those with article comparing obligations under the laws • difficulty. One of the most painful information about ethn ic cleansing are con­ of the United States and Spain in situations outcomes of Europe's dramatic upheaval nected with agencies such as the United in which conditions change substantially has been the growing evidence of intoler­ Nations High Commission for Refugees, after a contract has been established, Ansaldi ance, most visible in the former Yugoslavia. the United Nations Human Rights Com­ believes study ofcomparative law is essential At Boston College Law School, the Holo­ mission, and the Independent Commission today. He says, "There is a need for at least caust/Human Rights Research Project is on War Crimes. some familiaritywith other legal systems. An making the Law School community aware Ethnic and racial intolerance and vio­ American lawyer who doesn't have of both the atrocities that are occurring and lence have developed in reunified Germany

14 BOSTON COLLEGE LAW SCHOOL MAGAZI NE as weU. Even before this news made interna­ tional headlines, Professor Daniel IN THE GLOBAL SOCIETY Kanstroom, who practices and teaches in the area of immigration law, was researching the contrast between law and reality in Ger­ many (Page 12). Other members of the Boston College Witness to Growing Internationalization Law School faculty also have been con­ cerned with justice in a changing Europe. A. a first-year law student, Philip D. O'Neill '77 was International Affairs, a defense think tank affiliated Last November, Professor Arthur L. Berney one of the founders of the Boston College with Harvard's Kennedy School of Government With traveled to Budapest, Hungary to partici­ Intemational and Comparative law Review. Since this background. O'Neill was a logical choice when pate in a workshop considering just treat­ that time, he has resolved numerous international someone was needed to teach a course tided National ment of individuals who ran or collaborated commercial disputes spanning the Middle East, Security Law while Professor Arthur L Berney was with the formerly repressive regimes in Cen­ Europe, and the Pacific Rim. first as an associate and on leave. Even after Berney returned, O'Neill tral and Eastern Europe. Also present was partner with Hale and Dorr and more recently as a continued his association with the Law School by Professor Allan A. Ryan, Jr., a renowned partner in another Boston law firm, Edwards & teaching International Commercial Dispute expert in international human rights and an Angell. In the midst of his 16-year legal career, O'Neill Resolution. adjunct Law School instructor of a course returned to Boston College Law School, this time as O'Neill is able to bring his perspective as a addressing legal responses to war crimes, a part-time professor. He discovered that he was not practicing lawyer into the dassroom. He says, genocide, and terrorism. alone in gaining an increasingly international oudook "Though I indude theory, my dass is based more Teaching students about law in Europe - the Law School had done so as well. on what one might encounter in practice. I have today is not as simple a task as in the past. For "I see a much greater international emphasis. students think about situations they'll find themselves example, a Boston College Law School course and faculty have been added," says O'Neill, who in a year or two after they graduate. I like to on Soviet law taught by adjunct faculty currendy teaches a limited-enrollment course in incorporate hypotheticals, particular problems I've member and Soviet emigre Alexander S. international litigation and arbitration. "Only a worl

INSIDE THE PACIFIC RIM necessary credentials for this practice." That he is teaching at Boston College Law O'Neill became reacquainted with Boston School is equal~ important to him. O'Neill says, "It s business and other relationships with College Law School when he was invited to speak is a pleasure to be back at a school that gave me I about the Star Wars defense program. He had co­ an opportunity and legal training. Iwas able to walk Asia have increased, expertise in Asian law has gained greater importance as well. At authored a book on the national interest and military out of the Law School prepared for any job in the Boston College Law School, students learn use of outer space and also had studied the topic country. It's great to equip today's students with the about Asian law from faculty such as Profes­ as a research fellow with the Center for Science and training and experience." • sor Frank K. Upham, one of only a handfUl of American scholars who both teach Japa­ nese law and conduct research using legal learning with students. For example, Profes­ know yet what a market economy is. A materials in the Japanese language. Uphan1 sor Peter A. Donovan '60, who specializes in professor teaching in any area oflaw has an is the author of the 1987 book titled Law product liability and antitrust law, recently opportunity to influence how China not and Social Change in Post-war Japan which taught at the East China Institute of Politics only develops butalso implements new laws." received the prestigious Thomas J. Wilson and Law in Shanghai. There he found only Prize awarded by Harvard University. Study rudimentary laws pertaining to product li­ of Chinese legal histoty from its early period ability, a result of China's still-brief experi­ TRANSCENDING REGIONAL to the present also is possible at Boston ence with a market economy. He also noted BOUNDARIES College Law School, where the subject is vast differences in the level of activity in taught by Susan R. Weld (Page 13). Chinese versus American courts. Donovan hough some Boston College Law Members of the Law School faculty who says ofteaching and observing law in China, nSchool faculty concentrate on specific focus on areas other than international law "These are very exciting times for an Ameri­ regions of the world in their teaching and also are expanding their knowledge ofAsian can law professor in China. You can have an legal scholarship, others are involved in legal systems and subsequently sharing their impact there because the Chinese don't fully areas of law which transcend boundaries.

BOSTON COLLEGE LAW SCHOOL MAGAZINE 15 Professor Cynthia C. Lichtenstein's work IN THE GLOBAL SOCIE1Y in international banking and part-time fa culty member Philip O'Neill's interna­ ti onal arbitration experience span the globe, as do Professor Sanford J. Fox's efforts on The World of Children's Rights behalf of children (Pages 14, 15, and 16). Also pursuing an area of law without geographic borders is Professor Sanford N . Until 1981, Professor Sanford J. Fox focused share his perspective with other nations. Fox was Katz, an expert in family law. H e is a found­ primarily on legal issues pertaining to juvenile invited to discuss the international significance of ing member of the International Family delinquency in the United States. Then, seeking a new the Scottish children's hearing system as the first Law Society, which brings together academ­ intellectual challenge, he became an advisor to speaker in the Kilbrandon lectureship, created by ics, judges, and lawyers to share ideas and Defense for Children International (DCI), a Geneva, the British government in honor of the originator address laws and legislation related to inter­ Switzerland-based organization promoting children's of the Scottish system. national family law. Katz currently is re­ rights worldwide. Fox says. "The experience opened As Chair of the ABA's Committee on Children's searching models used thro ughout theworld up a whole new world for me." Rights, Fox is pursuing another innovative approach to simpli fY the process of divorce, minimiz­ Since that time, Fox's legal writing and to the legal practice which has an international ing its cost and complexity. H e says, "W e professional activities. as well as a significant portion slant He has established a subcommittee which will have to be co nscious ofth e culture, ethnicity, of his teaching. have concerned international bring foreign observers into the trials of children. and religion ofa country in looking at fam ily children's rights. He conducted a 26-country study law. But there tends to be a rippling effect; for DCI of children imprisoned with adults and we often think that something is unique, subsequently founded the United States branch of the though there is very litde that has not been organization, serving as Chair of its board of directors tried in another co untry. We often can look during most of the I980s . to Scandinavia for the newest ideas in family Currendy, Fox is Chair of the Drafting law. " Committee of an American Bar Association (ABA) work group appointed to make recommendations regarding aspects of the United Nations Convention THE NEXT FRONTIER on the Rights of the Child. Fox, who participated in drafting the international document, now is considering n expanding its international law cur­ issues such as whether Convention provisions should Dric ulum through fac ulty expertise In override state laws in this country and whether these numerous legal special ties, Boston College provisions can restrict any greater rights a child may Law School so far has focused primarily on have that are not part of the Convention. Europe and the Pacific Rim. However, fur­ At the same time, Fox is working on other legal ther geographic expansion may be in its efforts as a member of the Juvenile Justice Committee future. Associate Dean fo r Academic Af­ of the ABA's Criminal Justice Section and as Chair of Professor Sanford J. Fox fairs Mark Brodin says, "We have had in­ the Committee on Children's Rights of its Individual qui ries about faculty or student exchanges Rights and Responsibilities Section. from law schools not only in Asia and Eu­ Considered the American expert on the Scottish rope but also in Cen tral and South America. Fox explains, "The human rights organizations have juvenile justice system, in which juvenile courts have It is conceivable that we could have an been abolished and replaced by a panel of lay people, become accustomed to sending observers to foreign exchange program in Latin America within Fox is promoting the adoption of the Scottish system trials to bring them doser to due process, but I'm the next five years; that is now under discus­ not sure it has occurred to anyone that there are by the United States. He has organized panels at ABA sion. Because of the success of our London meetings to address the issue and says, "Individually, improvements we can make here based on the Program, we are co nsidering other interna­ observations of knowledgeable foreigners. There are I can convince people, but it's a matter of getting tional programs as well, though at this stage, a critical mass. The Scottish system is a much more people who know our system well enough, who are it's too early to say whether we will have the intimate and participatory way of making decisions. part of the common law system, to make the resources available." When a child and family leave a meeting with this prospect worthwhile." Brodin notes that the Law School also panel, they may not agree with the decision, but they Fox believes that his immersion in international co ntinues to examine potential additions to know something that an American child in the same projects outside the dassroom has enhanced his the international law courses offered on its situation will never know - that the decision had teaching at Boston College Law School. He says, "My Newton campus. Citing one possible ex­ course on children and the law uses the United something to do with them. Lawyers have a more ample of curricular expansion, Brodin says, restricted role in this situation." Nations Convention as the framework for analysis. "Human rights is an area which obviously is After 21 years with the system, the Scottish And my teaching of international law has been very important to us because of our Jesuit agree with Fox's views and have encouraged him to improved by my understanding of treaty law." • tradition, which respects the rights of indi­ viduals and encourages attention to pro mot- ing more just societies." _

16 BOSTON COLLEGE LAW SCHOOL MAGAZINE ALEGAL

EXPERIENCE

LIKE No OrnER

The Law School's London Program offers unique international learning

AMES SHARKEY '91 WROTE A REPORT about European Community member nations' laws regarcling environmental impact assessments. JHis supervisor at the Council for the Protection of Rural England described Sharkey's work as "first-rate" and "highly relevant to crucial issues." Kevin O'leary '91 stuclied the process involved in drafting Euro­ pean Community legislation and prepared a paper which provided valuable source material for The Pesticides Trust and its European colleagues. And Lori Bodwell, also a member of Boston College Law School's class of 1991 , was able to effectively apply her knowledge of United States banking and securities law in examining problems the Securities and Investments Board encountered in enforcing legislation in the United Kingdom.

Sharkey, O'Leary, and Bodwell success­ program, "The London Program presents a fully took on these challenging assignments wonderful opportunity for someone inter­ as students participating in the Law School's ested in international law not only to have London Program, which has existed since access to academic study at Kings College of 1989 and is accredited by the Section on the University of London but also to various Legal Education of the American Bar Asso­ legal placements in and around London." ciation. Associate Dean for AcademicAffairs The London Program's intent is to en­ Mark S. Brodin says of the semester-long hance Boston College Law School students'

BOST ON COLLEG E LAW SCHOOL MAGAZI N E 17 educational experience by exposing them Once everyone arrives in London in eXan1s. Some progran1s have clinical aspects, firsthand to another legal culture. It is de­ January, that same professor teaches a re­ but our difference is a combination of aca­ signed to provide insight into comparative quired course on British law. In addition, demics and work primarily for or on behalf legal institutions and to help prepare stu­ students take a second required course, Com­ of a non-profit organization." dents for international law practice. petition Law of the European Community, Adds Professor Cynthia C. Lichtenstein, According to Professor John M. Flackett, designed and taught by a Kings College the 1992 on-site faculty supervisor, "The the London Progran1' s director and a two­ professor exclusively for London Program students get to see the development of inter­ time on-site faculty supervisor, those study­ participants. Lastly, students choose one national regulatory standards and to re­ inglaw in the United States today need to be elective from a list ofcourses offered in Kings search broad issues. Most other programs knowledgeable about other legal systems, College's LL.M. progran1. The selection place students in a law firm . Though this is regardless of their even tual practice area. varies from year to year; in 1993, the avail­ useful, it isn't the San1e concept as our Lon­ Flackett says, "With the development of the able options were International Business don Program."

The highlight for many ofthe students and the centerpiece ofthe London Program is the internship in a foreign legal environment. L

Transactions, European Community and Current placements include me Council Comparative Environmental Law, and the for Protection of Rural England, the legal popular International Environmental Law. department of BBC Enterprises Ltd., the The elective courses complement the clini­ National Council for Civil Liberties, the cal placements, and as a whole, the academic Center for International Environmental Law, portion of the London Progran1 gives stu­ and the Securities and Investments Board. Professor John M. Flackett, London Program Director dents a grounding in international, com­ Students at each site work closely with their parative, and European Community law supervisors and receive frequent feedback as which they can apply in both their intern­ well as periodic written evaluations. The European Community and the Free Trade ship and any future international legal work. Boston College Law School professor in Agreement with Mexico and Canada, there London also visits to ensure mat Program will be an explosion of international con­ objectives are attained through the intern­ tacts, and our students will need a degree of FOUNDATION IN A DOMESTIC ships. sophistication to deal with this." CLINICAL MODEL In addition, the students must submit Offering a progran1 in London rather weekly journals about their placements. They than another location made sense for Boston he highlight for many of the students also discuss their work with the Law School College Law School for reasons beyond the I and the centerpiece of the London faculty supervisor during both one-on-one common language. As Flackett explains, Program is the internship in a foreign legal meetings and a weekly seminar. The two­ 'The British legal system is fan1iliar to Ameri­ environment. Like Boston College Law hour seminar is a formal part of the London can students. Many aspects of the American School's Urban Legal Laboratory (ULL), Progran1, though its format can be informal; legal system are based on, derived from, or the domestic clinical model upon which it in 1991, Flackett invited everyone to his borrowed from the British Commonwealth was based, the London Progran1 features London flat for home-cooked meals to go system." placements principally with non-profit or­ with the conversation. Still, the seminars are ganizations. Though the two progran1s dif­ highly educational, as Flackett says, "I view fer in students' weekly time commitment to the time each week as an opportunity for A STRUCTURE FOR LEARNING the placements- 30 hours for ULL versus shared learning. One of the great things 20 to 25 for the London Progran1 - both about the Progran1 is that students work in he Program begins not in London but offer opportunities to work in the public a variety ofsettings. We talk about what they I on Boston College Law School's N ew­ interest which students may not have other­ have learned about British society and its ton campus. Each fall, students enroll in a wise. legal culture as well as what mey are learning preparatoty course titled Introduction to "The London Program is unique," about the United States in the process. By European Community Law, taught by the Flackett says. "Most other international pro­ looking at how other systems function, you faculty member who will serve as the gran1s are replications of law school in the learn a lot about your own system. Through Progran1's supervisor in London. United States; students take classes and have the London Progran1, the students learn

18 BOSTON COLLEG E u.w SCHOOL MAGAZ INE about themselves and the strengths and weak­ nesses of our institutions."

COLLABORATION OF INTERNATIONAL SCHOLARS

II he presence of a full-time member of .. the Boston College Law School faculty in London has been advantageous for the students and internship employers alike. The professor makes certain that each place­ ment meets the expectations of all partici­ pants and is able to smooth any difficulties which may arise. And each London Pro­ gram faculty supervisor is a scholar in inter­ national law, able to bring many years of knowledge and experience to the teaching of the required courses. Flackett's primary teaching and research 1993 London Program students (left to right) Mary Beth Basile, Demetri A. Gounaris, Priscilla E. Kimball, Delia interest is comparative criminal law, a sub­ Watson, Sharon L Nelles, james Greenberg, Ronald R. Abad, john Shoemaker, Kathleen M. White, and Vivienne M. Ashman. ject he has taught not only at Boston College Law School, but also at the University of Paris, Trinity College of the University of Dublin, and the University of British Co­ authorized maximum of eight participants. take part in the London Program have some lumbia in Canada. He has served as a con­ Moreover, nearly 40 students applied for prior international experience, though this is sultant to the Canadian government and has the Program in 1993. not mandatory. They have traveled, studied, worked on antitrust issues involving inter­ To be considered for the London Pro­ or worked in another country, not necessar­ national companies. The other faculty who gram, students must have completed their ily England. Still others are fluent in a for­ have overseen the London Program, Profes­ first year of law school and be in good eign language - or several. Some simply sors Lichtenstein and Sanford J. Fox, are experts in international banking and inter­ national children's rights, respectively. The Kings College faculty involved in the London Program present impressive Many ofthe students who take part in the London credentials as well. Though the professors vary from year to year based on particular Program have some prior international experience, elective offerings, they have included Rich­ though this is not mandatory. They have traveled, ard Whish, whose course on European Com­ munity law is highly regarded by the London studied, or worked in another country, Program students; barrister James Cameron, who also has provided student internships; not necessarily England and Philippe Sands, who has taught interna­ tional environmental law both at Kings Col­ lege and Boston College Law School. L

A GROWING SUCCESS academic standing. Preference is generally want to obtain a professional position in given to students in their final year at the Law international law; they are involved with the n hen Fox oversaw the brand-new Pro­ School, though the London Program en­ Law School's internationally focused stu­ m gram during the 1989-1990 academic rolled its first second-year student in 1993. dents organizations and law reviews, and year, five students accompanied him to Lon­ And now that qualified applicants exceed participation in the London Program is don. By the following year, the number had available opportunities, a committee con­ another credential they can bring to the job grown to six. In 1992, it increased to eight, sisting of Dean of Students R. Lisa DiLuna search. who were selected from among 12 appli­ '82, Associate Dean Mark S. Brodin, Flackett, There also are those like James Sharkey, cants. This spring, ten students were ac­ and Lichtenstein interviews students and now involved in commercial litigation with cepted into the London Program, requiring determines those most likely to benefit from the NewJerseylawfirm ofWtlentz, Goldman special permission from the American Bar and thrive in the Program. & Spitzer, who pursued the London Pro­ Association to expand beyond the originally Many of the students who eventually gram for the intellectual satisfaction. He says

BOST O N COLLEGE LAW SCHOOL MAGAZINE 19 not encounter In Boston. I found that Both are popular topics of conversation people wanted me to compare English and before, during, and after the Program. T he United States law. In order to do that, I had cost of housing is a particular shock to the to analyze United States law, that is, why it students. As Kings College students are the developed in a particular pattern. This is full-year occupants ofcam pus housing, Bos­ much more difficult than merely reciting ton College Law School students-and the class notes on an exam. In the process, I faculty supervisor - must seek accommo­ learned a great deal about law both in the dations elsewhere, often at a price greater United States and England." than acceptable by their Boston standards. For some, the London Program meant The weather is less easily settled, as the (he forma(ion oflasting relationships - and Boston College Law School contingent ar­ additional international involvement. For rives in London in early winter. But as example, Robert Cerny '92, now an associ­ Flackett, a British native, points our, Lon­ ate with the Los Angeles, California law firm don has a lot to offer even in bad weather. He of Barger & Wolen, co-authored an arricle says, "London is one of the great metropoli­ with a colleague at the Council for the tan centers of the world. T here is an enor­ Protection of Rural England; they currently mous variety of cultures and resources. And are writing a follow-up piece together. They accessibility is incredible. The House of also will present a paper addressing the same Commons is still the focus of British politi­ topic of environmental assessment at a] une cal life, and you can easily go there for an conference in China. hour or two." Besides, he adds, "The students have a sense of adventure and want to learn some­ BAD WEATHER, GREAT OPPORTUNITY thing different. T hey view living abroad as a Sharon Nelles. Delia Watson. and Mary Beth Basile challenge. They find they learn a lot by (left to right) were among the London Program students who toured Parliament. PiI erny looks fondly upon his London making their way in another culture, and • Program placement, less fondly on the they have done well both academically and high cost of living and the city's weather. in a work environment." • "I was interested in European Community law and thought the Program offered a good base. The idea of doing work for an organi­ zation involved with the European Com­ munity was vety appealing to me because that meant a hands-on experience." Lichtensteinsummarizes the motivations of the students who joined her in London in 1992 by saying, "They had a variety of reasons for taking part but all wanted an off­ campus experience abroad. Two said they were going back to positions in law firms, representing private clients, and this was their one chance to work in the public interest. It was even better that they could do this abroad, where they could learn, each in a different way, about cultural approaches to law." The students' rave reviews upon their return home indicate that the London Pro­ gram meets expectations. Comments from 1991 include: "It was a great lesson in inter­ national law," "It was a work experience and exposure to a foreign legal system which I could not have obtained elsewhere," and, on a similar note, "There were opportunities (hat we couldn't have in Boston during law school, or perhaps even after law school." One student said, "This semester ex­ posed me to people and experiences I could London Program students have opportunities to visit famous courtrooms. such as Old Bailey (above) .

20 BOSTON COLLEGE LAW SC HOOL .MAGAZINE TIES TO

FOREIGN LANDS

Students' international experience ITH EACH PASSING YEAR, student interest in international law spans the globe as well as numerous Wgrows. More than one quarter of all applicants to Boston legal and other interests College Law School who specifY an area of interest indicate an intention to practice international law. And once they arrive on campus, first-year studenrs participating in the Law School's IL Program, through which they are assigned alumni mentors, frequently seek matches with graduates whose practices include international law.

In some cases, the students know litrle HERITAGE AND THE LAW about their stated preference; international law merely seems like an intriguing career ast fall, rather than beginning his sec­ option. But as many Boston College Law l ond year at Boston College Law School, School faculry have noted, more and more Matthew Connolly '95 traveled to the students have acquired international experi­ Ukraine. There he was able to use his Ukrai­ ence prior to law school. They have studied nian language skills both as an English teacher abroad for asemester or year, lived or worked and an assistant to a Canadian lawyer affili­ in other countries for extended periods, ated with the Council of Advisors to the served as Peace Corps volunteers, or have Parliament of the Ukraine. been exposed in some other fashion to soci­ For Connolly it was an opporruniry to ery beyond the borders of the United States. observe and reflect upon legal education, the Still others have been determined to ex­ creation oflaw, and the nature oflaw itself. perience life and the law in another land He attended meetings with Ukrainian gov­ during the time they are Boston College Law ernment officials, serving as an interpreter as School students. They have participated in the former Soviet republic was drafting its the Law School's London Program, which Constitution. He visited a Ukrainian law incorporates both academic study and a school, noting the absence of case law in the legal internship (Page 17). Some students teaching method. And he was struck by have used their ingenuiry to obtain legal and Ukrainians' distrust of law based on their other positions in countries of particular prior experiences under Communism, com­ interest to them. They go for potential career paring this sentiment with Americans' un­ advantages or personal fulfillment - or derstanding of the place oflaw in their lives. both. On a more personal level, Connolly fu the following profiles indicate, Bos­ viewed his months in the Ukraine as a ton College Law School students' interna­ homecoming, a chance to explore his cul­ tional experiences span the globe as well as tural heritage. His mother, a native of the numerous legal and other interests. And Ukraine, had taught him the language and whether they have lived abroad before or told him about her land, so Connolly says, during the time they are enrolled in the Law "It was almost a mystical experience for me School, these students are able to enrich and to be there." be further enriched by knowledge gained in Connolly feels that his months in the the classroom. Ukraine have enabled him to better focus his

BOSTON COLLEGE LAW SCHOOL MAGAZINE 21 ing to raise awareness of the human rights violations committed by the military gov­ ernment. He has researched and written about Burma's political and social difficul­ ties and participated in demonstrations at the Burmese embassies in both Thailand and Washington, DC. Now that he is a law student, Ragland is considering the legal as well as political avenues available to address the situation. "I'm interested in how law can be used as a tool to compel countries to comply with treaties and with international refugee law. I see law as a vehicle to change social policy and improve rights. I came to law school so I could get the training I need to work in the areas of human and civil rights," Ragland says. Currently involved with Boston College Law School's Third World Law Journal, Ragland is researching international law as it relates to a group of refugees driven into Bangladesh from western Burma. He hopes to publish his work when he is a third-year student and also to adapt it for publications pertaining specifically to Burma. Ragland says of the issue he is examining, "There are about 400,000 refugees now. Bangladesh doesn't want them, and Burma doesn't want them back. It's a situation of ethnic cleansing - these people are Mos­ lems and in the minoriry. I'm trying to determine whether law has something to say about this situation or whether it can only be resolved by force or diplomacy. And what are international and United Nations agen­ cies compelled to do under the law, and do they comply?" Matthew Connolly '95 learned about law in the Ukraine. Ragland's concern for Burma is an out­ growth of a youth spent in Southeast Asia. Ragland attended high school in Thailand, where his father was a universiry professor, studies now that he is back in law school. experience will present him with longer­ and maintained ties with that country dur­ Upon his return, Connolly enrolled in courses term professional advantages. ing his years as a Universiry of Virginia in comparative law, international economic "I went over there for reasons outside of undergraduate. In 1986, he also visited law, and copyright law. my career, but it paid off," Connolly says. Burma, traveling freely throughout the na­ "In the Ukraine, there is a real interest in "Employers are interested in me because tion. But by 1990, Burma had shifted from properry. I was an English major as an they're nowdoing business with the Ukraine dictatorship to democracy to a military re­ undergraduate, and I am particularly inter­ and Russia. It's a fringe benefit of doing gime, and Ragland decided to return to ested in intellectual pro perry law," he says, something I wanted to do." Thailand for a year to work with Burmese describing with amazement the common refugees fleeing their homeland. practice in the Ukraine of individuals Ragland taught English to young men "pirating" and altering films. SEEKING LEGAL SOLUTIONS and women and helped them prepare for ConnollywouJd like to continue to learn FOR BURMA political refugee status by interviewing them about law in the Ukraine and hopes to work and documenting their experiences. Today, in the private sector there now that he has or several years now, Tom Ragland '94 he says, many of the refugees are college been exposed to the government's role in II has been working in support of students in the United States. lawmaking. He also is optimistic that his Burma's pro-democracy movement, help- Since the time Ragland, too, returned to

22 BOSTON COLLEGE LAW SCHOOL MAGAZINE school, he has not been back to Southeast Asia, but he has remained in contact with Burmese pro-democracy organizations within the United States. In addition, Ragland's efforrs to communicate the diffi­ culties ofthe Burmese people under military rule are ongoing, and he has shared his knowledge with every available audience, including the Boston College Law School community. "I'm interested in getting this commu­ nity and those outside it mote involved with international issues," Ragland says. Once Ragland earns his law degree, he hopes to make a full-time commitment to international refugee policy or human rights issues, preferably by working in the Far East. But even if he returns to Asia, Ragland knows that he will not visit Burma again unless the political situation changes dra­ matically. "Now I'd be required to have a govern­ ment escort the whole time," he says. "Also, you have to pay taxes to get into the country, and that would be supporting the govern- ment.')

SAVING THE INTERNATIONAL ENVIRONMENT

s an undergraduate studying abroad in I Madrid, Wendy Weber '94 was startled by the city's air and noise pollution; it con­ trasted starkly with the clean and quiet Cape Cod beach where her family spent summers. Then Weber returned home to learn that medical waste was washing ashore on that same beach front. Suddenly, the Spanish major discovered a career direction - she would help to improve the environment. Wendy Weber '94 is researching environmental law for an international project sponsored by NA TO. Today, as she completes her second year at Boston College Law School, Weber al­ ready has gained practical knowledge of about international treaties," Weber says. domestically, comparing relevant laws in the environmental issues. She spent the summer Now Weber is drawing upon this expe­ United States with those of the countries of 1992 working with lawyers enforcing the rience and interests in both the Spanish participating in the study. She also will Clean Air Act for the Army Corps of Engi­ language and law through work on a signifi­ provide recommendations based on her find­ neers. For rwo years prior to law school, cant international study. As the recipient ings. Weber expects to prepare a progress Weber was with the international office of of a fellowship from NATO's Committee report this summer and to complete her the United States Environmental Protec­ on the Challenges of Modern Society, We­ work next summer. Ultimately, her research tion Agency, where she was involved with ber is part of a multinational group examin­ will become part ofthe larger study available hazardous waste exports and imports and ing ways to restore the environment after to any interested nation. became a member of a working group initi­ public works projects have been completed. Weber's undertakings have helped con­ ating a bill to implement the convention on Weber's role is to assist representatives firm her career aspirations. She says, "I went transnational movement ofhazar do us waste from Spain, the lead country in the study, in to law school to pursue my environmental so that domestic and international laws exploring the legal and policy aspects of the interest, but I've found I really like the law. would be consistent. issue. She has been asked to research and In the long run, I want to focus on environ­ "It was exciting, and I learned so much write about the United States' approach mental law - internationally, I hope."

BOSTON COLLEGE LAW SCHOOL MAGAZINE 23 court. His limited skill in the Japanese lan­ guage and strict guidelines as to who can practice law in Japan necessitated this role, but Henricks found the experience benefI­ cial nonetheless, noting, "The lawyers were very generous in showing me how a Japanese law practice works." Henricks, who eventually hopes to work for a non-governmental organization, now says hewould like to include Japan as part of his legal practice in some way. Bur he recog­ nizes that this is far in the future, saying, 'T d like to get substan tiallegal experience in this country fIrst. Law school is just a fIrst step."

AFRICAN CAREER ADVANCEMENT

hough he still has a year of law school Oremaining, David Danner '94 already knows his career aspiration - to be involved in international trade negotiations for the United States government, ultimately as a diplomat. And Danner has taken a step roward that goal by spending the summer of 1992 as an intern with a major Nigerian law fIrm. "I think being a diplomat will allow me to combine my interests in politics, business, and law. I went to Nigeria to gain the international experience I felt was necessary to be considered for a United States govern­ mentposition," says Danner, who will spend the summer of 1993 as a law clerk with the David Danner '94 obtained a summer legal position in Nigeria in preparation for an international law career. Federal Maritime Commission. The position with Abuka, Ajegbo, Ilogu & Nwaogu was the successful outcome of A JOURNEY FROM ANCIENT VILLAGES communiry organizing, you have to work a self-initiated letter-writing campaign di­ TO MODERN JAPAN with the bureaucracy. In learning about the rected at African law fIrms which could government structure, I became interested hel p Danner expand his knowledge of inter­ II s an undergraduate archaeology stu­ in law. It would have been useful to have a national trade. Working in Lagos and Port (II dent at Ohio's Kenyon College, Jef­ legal background in helping the communiry Harcourt, Nigeria, Danner was able to at­ frey Henricks '93 traveled to Honduras in realize its goals." tend import/export negotiation sessions. He search of the country's early history. He Upon leaving the Dominican Republic also prepared pleadings and surveyed both foundhimselfequally intrigued by the living and in preparation for law school, Henricks commercial law statutes and public interna­ culture and since has set out to explore the researched Latin America as a volunteer with tionallaws pertaining to the EconomicCom­ modern institutions of several societies. The Lawyers Committee for Human Rights muniry of West African States. Before entering Boston College Law inNew YorkCiry. He says, "I wanted to gain "I learned a lot about disputes between School, Henricks served for two years as a some experience related to my soon-to-be different rypes of businesses in different Peace Corps volunteer in the Dominican profession." countries," Danner says. Republic. Assigned to a rural health clinic in More recently, Henricks was able to com­ In addition, Danner learned about other the island nation's eastern mountains, bine his international interests with addi­ aspects of law and sociery in Nigeria. He Henricks became deeply involved wi th com­ tionallegal exposure. During the summer of observed proceedings of the Supreme Court muniry organizations, helping residents ful­ 1992, Henricks went to Japan to intern with of Nigeria, the State High Court, and the fIll needs ranging from a vaccination program two sole practitioners involved with Japa­ Court of Appeals. He attended lectures at to cooking stoves. In turn, the work helped nese domestic law. Henricks primarily was the Nigerian Law Schoo!, in which anyone Henricks recognize a new career goal . an observer, his work limited to fIling docu­ wishing to become a certifIed lawyer in Henricks explains, "To be effective in ments and accompanying the lawyers to Nigeria must enroll for one year. He met

24 BOSTON COLLEGE LAW SCHOOL MAGAZINE Nigerians - lawyers, business people, and others . And he came to realize that Nigeria was not what he expected it to be. Danner explains, "As an American, you have preconceived notions ofa T hird World country, but when I went to Nigeria, I saw skyscrapers and met very cosmopolitan people. Lagos has six major newspapers, so N igerians know a lot about world events and are very active in their politics." In discovering a society far more ad­ vanced and accomplished than he had an­ ticipated, Danner found the second purpose of his trip to Africa fulfilled beyond his expectations as well. As a Black American, Danner felt he was visiting his ancestral homeland, and he says, "It gives you more confidence when you see people who look like you doing great things. You come back feeling that you can do that as an African­ American. It was a very satisfYing experi­ ence."

A LATIN AMERIC AN ADVOC ATE

PiI rowing up in San Jose, California, jeffrey Henricks '93 has worked in both the Dominican Republic and japan. .:II Barbara Pope '94 was fascinated by all things Latin American. When she reached

Tom Ragland '94 has been involved with Burma's pro-democracy movement (or several years and now is seeking legal solutions to the country's problems.

BOSTON CO LLEGE LAW SC HOOL MAGAZINE 25 adulthood, she acted on her interest. First Pope joined the Jesuit Volunteer Corps and worked with Mexican migrant workers in rural Oregon. Then she went to Bolivia for six months to study Spanish. Nextshe moved to a Venezuelan shantytown to become a lay missioner with the Mary Knoll Missionaries for four years. When a man was shot for no apparent reason in front of her home, Pope knew she needed to do more to protect human rights in Venezuela. "I realized the legal system wasn't work­ ing for human rights and that there were many other similar cases," Pope says. With another lay missioner, Pope founded The Support Nerwork for Justice and Peace in 1985. Today, she says, it is one of the oldest ongoing human rights groups in Venezuela focusing on instances of tor­ ture and executions. The organization has provided reports of human rights violations to United Nations agencies and Amnesty International; four cases, including one Pope investigated five years ago, currently are before the Inter-American Commission on Human Rights. The Support Nerwork for Justice and Peace now is run by Venezuelans, including lawyers, who are helping other citizens rec­ ognize when rights are violated and to de­ nounce these occurrences. Though she left Venezuela first to obtain a master's degree in international affairs, Latin American stud­ ies, and human rights at Columbia Univer­ sity and subsequently to attend Boston

College Law School, Pope continues to cor­ Barbara Pope '94 established a human rights organization in Venezuela before she entered law school. respond with members of the human rights organization and to raise funds for its efforts. She also visits annually and spent a summer in Venezuela rwo years ago. and constitutional reform. In Chile, Pope reform given the huge barriers?" Pope says that she is in law school because studied newspaper accounts and legal mate­ Ultimately, Pope concluded that judicial of her commitment to human and civil rials unavailable in Boston. She also was able reform in Chile will be a very long process rights, and she expects always to be involved to interview Chileans ranging from the Min­ requiring constitutional reform as well. She with the Venezuelan or another advocacy ister ofJustice, Congressmen, and the Su­ does not expect any of this to happen with group. Meanwhile, Pope has continued to preme Court Chief Justice to law school the existing government in place but is opti­ expand her knowledge of Latin American deans, members of human rights groups, mistic that plans for improved training for legal issues, and most recently she researched and shantytown residents. judges will help the situation. prospects for judicial autonomy and inde­ "Almost everybody I met had their lives Pope is completing her research paper, pendence in Chile now that the Pinochet touched by the Pinochet dictatorship. I heard which she hopes will be published. Bu t now dictatorship is in that country's past. incredible stories," Pope says. "What do you that she is back at Boston College Law This project, for which she will earn do with a society in which people don't have School, taking courses addressing topics such academic credit from Boston College Law faith in the courts? The courts have been very as the role of judges, military jurisdiction, School, came about when Pope received a conservative, and the way ofinterpretinglaw and human rights, Pope believes her work fellowship from the Latin American Legal was very much pro-military. And the Chief may need some finishing touches. She says, Research Institute of Loyola Law School. Justice of the Supreme Court said to me, 'It "In my comparative law class, we've been She was sent to Santiago, Chile for six weeks was great having curfews. It saved many talking about everything in my paper. In during the summer of 1992 to examine marriages because the men couldn't go out fact, I feel that now I have to add some of firsthand the long-term outlook for judicial at night.' What are the prospects for judicial what we've discussed to it." •

26 BOSTON COLLEGE LAW SCHOOL MAGAZINE WORKINGrnE

WORLD FROM

WASHINGTON

International law and the nation s capital go hand-in-hand for Boston CoUege Law School alumni

Matyam Elah; '86 seeks to protea human rights as a Program Officer with Amnesty International.

ot everyone who enters law school with an interest in inter­ N national law ultimately practices in that area. But for those with the right mix of education, experience, determination, '---___---' and good fortune, the opportunities exist for rewarding careers in international law or a related field. The prospect of success in obtaining a position is particularly strong in Washington, DC, a major center for international law practice. The examples of the Washington-based Boston College Law School alumni profiled here demonstrate the diversity of international practice options in that city and within the legal specialty itself And Law School alumni have shown that even lawyers employed full­ time in other areas of concentration need not necessarily give up dreams of international involvement if their desire is great enough.

BOSTON COLLEGE LAW SC HOOL MAGAZINE 27 BLENDI NG PUBLIC A N D PRIVATE school, I could not have imagined I'd be doing so, he must interpret treaties and INT ERNATIO N AL LAW doing the vast majoriry of the things I do executive agreements between the United now; I didn't know that most of the areas States and its allies. He also monitors protec­ IJI efore he even entered law school, existed. At best, I had a vague hope that I tionist measures that make it difficult for 1.11 Howard Stanislawski '86 was teaching might do something relared to public inter­ foreign companies to obtain business. international law, drawing upon a doctorate national law," Stanislawski says. "It really "It's amazing how much minutia Con­ focused on international relations. He taught took the experience of working in the kind gress passes in order to prevent foreign com­ the subject from a political scientist's per­ oflegal practice I have to truly appreciate the panies from getting business in the United spective, presenting it as part of a course on tremendous opportunities to represent cli­ States," Stanislawski says. "I look in detail at deterrence and defense as well as another ents in a creative and positive fashion." the extent to which protectionism is in place titled Middle East Policy and History. Some of Stanislawski's higher profile and seek to understand it and identif)r busi­ The study of law at Boston College work in the area of public international law ness opportunities." changed Stanislawski from researcher and has been for a long-time client, the govern­ Stanislawski's work also encompasses instructor to practitioner, though he ment ofIsrael. He was directly involved in advising clients about additional regulations continues to apply his earlier knowledge. representing a senior Israeli official named which apply to international transactions involving United States government sites and employees with security classifications. He explains, "If a foreign company buys a United States company with a classified subsidiary, the security classification is lost because of what is called FOCI - foreign ownership control and influence. There are mechanisms to put in place ahead of closing a deal to satisf)r the Department of Defense or Department of Energy and to make sure security clearances are protected. I've been brought in by corporate lawyers involved in a deal to put in protections to avoid the loss of business and jobs that would occur if the transaction were completed without being aware of the issue." Whether the legal work involves interna­ tional trade or international relations, Stanislawski sees common considerations. He says, "You have to deal not only with intricate United States regulations, but also with the realization that foreign countries have different legal systems and different perspectives. You must recognize that other Howard Stanislawski '86 practices both public and private international law with the firm of Sidley & Austin. legal systems have legitimate methods of dealing with problems, though they may come from an entirely different analyrical Stanislawski says, "Being a lawyer has given by the United States government as a nego­ base. You need a comparativist's perspec­ me a whole new dimension of understand­ tiator with Iran in the Iran-Contra affair. tive." ing of public international law and an op­ Stanislawski says, "When a senior official portunity to work with clients borh in the receives a subpoena to testif)r before a foreign United States and abroad. It has allowed me government, it's a matter of stepping into a DEFENDING HUMAN RIGHTS to translate my established interests into minefield of public international law." helping clients resolve and anticipate prob­ Much ofStanislaw ski' s practice concerns went to law school to do human rights lems resulting from their international ac­ international transactions rather than inter­ I work, so I feel very fortunate to be here tivities." national relations. This includes import and in my dream job," says Maryam Elahi '86. Since he earned his J.D. degree, export controls as well as asignificantamount "Here" is the Washington, DC office of Stanislawski has practiced law in Washing­ of government procurement work, particu­ Amnesty International, where Elahi is Pro­ ton, DC, flrstwi th Fried Frank Harris Shriver larly involving the United States Depart­ gram Officer for the Middle East, Europe, & Jacobson and, as of June 1992, with ment of Defense. Stanislawski represents and North Mrica. The world's trouble spots Sidley & Austin. His work is an unusual mix foreign companies interested in conducting are Elahi's concern, so much so that she of both public and private international law. business with the government, advising them describes her length of time in her position "If you had asked me when I was in law about the myriad oflaws and regulations. In as "since Iraq invaded Kuwait."

28 BOSTON COLLEGE LAW SC HOOL MAGAZINE Working in the shadow of the United States Capi tol building, Elahi reminds mem­ bers of Congress, the National Security Council, and the Executive Branch that human rights should be a factor in their dealings with other governments. Elahi has not lacked for circumstances in which coun­ tries' human rights records have been less than stellar; Iraq, the former Soviet Union, and war-torn Yugoslavia are only a few ofthe nations within her realm of responsibility. With so many countries to monitor, it is impossible for Elahi to have complete know­ ledge of every one. There are some that she focuses on constantly, including Bosnia, Egypt, Israel, Morocco, Tunisia, and T ur­ key. The rest, she says, she must learn more about when a crisis develops. "I'm the key person in Washington on the countries in my region. It's my job to draft testimonies and to accurately docu­ ment what is happening. I feel that I'm in there setting policy standards yet remaining on a higher ground that also must consider human rights issues," Elahi says. "It's an interesting and exciting job, and I never know what will happen when I come to work in the morning." On any given day, Elahi may hear from representatives of non-governmental orga­ nizations, Congress, or universities. They might need an update on the conflicts be­ Alicia Greenidge '92 has been involved in international law practice with the United States Department of rweenArmenia and Azerbaijan or seek infor­ Commerce from the time she earned her J.D. degree. mation on the status of the Palestinians deported by Israel. Sometimes a Congres­ sional Committee member wants to know Diplomacy as well as a J.D. from Boston Even as a law student, Elal1i knew her everything there is to know about Islamic College Law School, and she spent a year as career would not be traditional. She matter­ democracy in North Africa - for a confer­ a fellow with The Lawyers Committee for of-facdy states that she never has worked in ence only rwo days away. Human Rights in New York City before a law fIrm. Hersummer positions during her years at Boston College Law School con­ sisted of a judicial clerkship and work with Citizens' Energy Corporation in Boston. "What was great about Boston College The world's trouble spots are Elahi's concern, so Law School was the commitment to public much so that she describes her length oftime in policy issues," Elahi says. 'There was sup­ port to do alternative things, other than her position as 'Since Iraq invaded Kuwait. )) working for a law firm. And I found other students interested in human rights." As a law student, Elahi was involved with L the I nternational Law Society student group "There's a proactive and reactive side to becoming associated with An1l1esty Interna­ and was an organizer of a conference on my work," Elal1i says. "The reactive takes tional. She says of her knowledge of law, human rights in Latin An1erica. She also most of the day." "It's part of my analytical package. It's very wrote for the Boston College Third World The one thing Elahi's day does not con­ helpful in breaking down facts and issues. Law Journal and in 1986 published an ar­ tain is the practice of law, though she feels When I look at how Amnesty International ticle titled 'The Impact of Financial Institu­ she draws upon her legal background. Elahi can deal with issues, I can take it a step tions on the Realization of Human Rights: holds a master's degree from Tufts further and analyze the issues on interna­ Case Study of the International Monetary University's Fletcher School of Law and tionallegal grounds." Fund in Chile."

BOSTON COLLEGE LAW SCl-tOOL rvtAGAZI N E 29 In her professional career, Elahi has con­ and some of Greenidge's cases have required Greenidge says. "I met so many attorneys tinued to write about human rights. She is in-depth research on United States-Canada doing international transactions, and I en­ particularly interested in the rights of chil­ trade provisions. And even as a summer law joyed talking and working with them. I dren and has addressed their treatment in clerk with the Import Administration in wanted to be more useful in international Guatemala and the Middle East. In addi- 1991, Greenidge wrote legal memoranda affairs." Once in law school, Greenidge became President of the International Law Society (ILS) student organization, presenting ca­ reer programs as well as panel discussions on topics such as the GulfWar and whether the As a lawyer in what she describes as a highly United States' handling of Manuel Noriega litigious area - grievances pertaining to price­ was consistent with international law. Greenidge says, "Law school is a professional cutting by foreign companies abound­ school, and the student clubs should be opportunities to network and inform. Being Greenidge typically juggles 30 cases at a time. President of the ILS was a way for me to contribute and create a forum so that stu­ dents knew about international law prac­ L tice." Meanwhile, Greenidgewas preparing for tion, Elahi serves on the board ofdirectors of that were cited when the United States her own practice not only through class­ Defense for Children International. negotiated a trade agreement with Mexico. room education, but also by gaining addi­ Elahi has continued to find fulfillment in Today, Greenidge has a wide range of tional experience. During the summer of all of her work related to human rights. She legal responsibilities, including research, 1990, Greenidge was a researcher and edito­ says, "The goal is to make a better world. writing briefs, filing motions, negotiations, rial assistant for a book on international How long it will take, you never know, but litigation, and client contact - with the arbitration proceedings published by the I always think things are getting better. client being the Commerce Department Department of International Commercial People may say things are worse because of itself. As a lawyer in what she describes as a Arbitration of the TMC Asser Institute in all of the ethnic strife, but before, we had highly litigious area - grievances pertain­ the Hague, Netherlands. government oppression. If we deal with ing to price-cutting by foreign companies "In the Hague, I was around the corner situations with sensitivity, I think they can abound - Greenidge typically juggles 30 from the International Court of Justice," only improve. We have to learn from past cases at a time. Each requires a varying level Greenidge notes. "The Iran-United States lessons." of attention, but the work week nonetheless Claims Tribunal also was held there, and I Elahi believes thatAmnesty International extends into the late evening and weekends. was able to sit in on the proceedings." is the ideal organization through which she Still, as a recent graduate, Greenidge appre­ Now that she is practicing full-time, can act on her convictions. She says, "It's ciates the opportunity to have an important Greenidge is seeking her niche within inter­ wonderful to work in a place where I never role in international law. national law. She is participating in the feel compromised on an issue. It always Greenidge says, "Unless a law firm is a Commerce Department's Honors Program, comes from the heart, and that is important boutique firm specializing in international through which she works for several months to me." law, new associates will do other types of with a section of the International Trade work before they're able to do international Division before moving to another. Ulti­ law. Since I had exposure to international mately, she will be assigned permanently to MAKING A CAREER GOAL A REALITY law before law school, I couldn't sit back and one of them. wait. I knew that by going into government, "All ofthe rotations involve international I s a Boston College Law School stu­ 1'd be directly involved in international trade trade law, so I'm sure any would be satisfY­ dent, Alicia Greenidge '92 enrolled in right away." ing," Greenidge says. "But eventually I don't a seminar on international economic rela­ Prior to law school, Greenidge was a want to be limited to trade; I'm also inter­ tions. She says, "We talked aboutthe United junior-level international affairs analystwith ested in the State Department and in work­ States-Canada Free Trade Agreement, but I the Congressional Research Service in Wash­ ing with treaties." had no idea at the time that I would actually ington; at the same time, she was earning a be working with it." master's degree in international relations at Greenidge's involvement with the Free American University. Greenidge also has THE CHARM AND DISORDER Trade Agreement comes as a lawyer within worked for the International Law Institute, OF DEMOCRACY the International Trade Division of the helping to organize training seminars for United States Commerce Department in international commercial arbitration attor­ On 1990, Martha Pyle Farrell '87 was an Washington, DC. Thus far, her work with neys. Assistant Attorney General for the state the Division's Import Administration Sec­ "At that point, I knew I had to start ofN ew Hampshire and her husband, James tion has concerned unfair trade practices, thinking about going to law school," D .P. Farrell '86, was Legal Counsel to United

30 BOSTON COLLEGE LAW SCHOOL MAGAZINE States Senator Warren B. Rudman '60 in Eventually they discovered that the Sabre were trying to get an idea ofwhat was on the Washington, DC. In the fall of that year, Foundation in Cambridge, Massachusetts legal and legislative horizon and what was they put both careers on hold and traveled to was sponsoring a study on market-based driving the debate over reform. For example, Poland to examine the processof1egal change reform in Poland and needed two lawyers. in western Poland, the concern was whether as that country left Communism behind. Martha and Jim were on their way. the Germans would come in and buy all of The result of the Farrells' work is a book They arrived in Poland with only a vague the property when there no longer was state titled The Charm and Disorder ofDemoc­ idea as to how to proceed; they had neither ownership." racy, published by The Ipswich Press. contacts nor Polish language skills. But with In addition to reviewing and analyzing Martha says of their decision to go to the help ofthe country's Bar Association, the the nature of change in Poland, the Farrells Poland, "We wanted to breakout ofwhat we Farrells soon were introduced to senior gov­ offered one recommendation: to imple­ were doing and try something international. ernment officials, judges, law professors, ment a procedure to allow a legislative It was a sabbatical." and lawyers throughout Poland. Martha veto, thereby speeding the process ofchange . Their prior international experience was says, "By the end ofour stay, we literallywere Their advice was intentionally limited; they

Martha Pyle Farrell '87 and James D.P. Farrell '86 are the authors of a book about legal, political, and economic reform in Poland.

limited to Jim's brief tenure as a professional running through the streets of Warsaw, considered it inappropriate to reach pat hockey player in Italy before law school, but which people don't do there, going from conclusions after only a few months in the they each had a long-standing interest in meeting to meeting." country. conditions in Eastern and Central Europe. Through many interviews, the Farrells Still, their stay was a tremendous learn­ And as Martha recalls, "One day we were were able to obtain the information which ingexperience. In observing Poland' sstruggle watching television and saw the Berlin Wall would form the basis of their writing. Jim with reform, Martha and Jim gained an come down. It had been put up the day explains that their book emphasizes three understanding of the country's past. They before I was born, and suddenly everything primary themes: political and economic de­ saw how deeds pertaining to the same prop­ was changing so quickly. We were interested centralization, ownership reform and erty were recorded in different languages by in seeing what was happening. From a theo­ privatization, and the challenges of regula­ different governments at different times, a retical standpoint, what a fascinating experi­ tory reform. testament to Poland's history of occupation ment it was going to be for countries to shed To prevent their work from quickly be­ by outsiders and the underpinning of the Communism!" coming dated, Martha and Jim did not focus current distrust of foreign interests in the The Farrells set out to find a way to use on particular events of 1990. They believe fledgling market economy. And the Farrells their legal backgrounds in conjunction with that the broad issues they addressed remain realized that as Poland reinvented its civil their desire to experience Eastern Europe. relevant in 1993, as Jim points out, "We code, it first had to delete the Communist

BOSTON COLLEGE LAW SCHOOL MA.GAZI N E 31 regulations before updating what existed our life. We carried a camera with usall ofthe ment Section of the U nited States Depart­ prior to Communism. time because we never knew what we might ment of] ustice. But their book lives on in a Martha notes, "The Minister ofJustice enco unter." seco nd printing after being read in its first gave us a book on Polish civil code, and we Working together al so was new to the release by members of the federal govern­ co uld easily see the Communist principles Farrells. Jim says, "I was amazed by how well ment, major foundations, the World Bank, imposed on the laws." it worked out; we each have a different style, the In ternational Monetaty Fund, and other As they co nducted research on refo rms, and we never even had done as much as take political and economic organizations. And the Farrells also experienced life in a country classes together. " the Farrells haven't ruled out working to­ undergoing dramatic change. T hey lived in Now back in Washington, D C, Martha getheron another international projectsome­ a typical Polish apartment among the people and Jim are working separately once again, day. of W arsaw, shopping at the local markets she as an associate with a health law practice "We hope to do so mething like this every with the assistance of a Polish/English dic­ in the firm of Fulbright & Jaworski and he ten years or so," Jim says. _ tionaty. Still, Martha says, "Our work was as a lawyer in the Environmental Enforce-

IN THE GLOBAL SOCIETY

Boston is His Window to the World

When he entered Boston College Law Schoo~ advice to the company's senior managers and project Akana Ha '84 already knew he wanted to practice engineers. He is fulfilling his goal of extensive par­ international law. He enrolled in every available ticipation in international matters as one of the course in the area and learned about both public company's four Boston-based lawyers and one of only two international law and international transactions. serving on the company's international marketing review And since earning his J.D. degree, Ha has been able committee. to experience international law from a variety of Ha says of his legal work in international project perspectives - as a government attorney,law finn development, "I provide international tax planning advice associate, and currently as in-house counsel. and negotiate the terms and conditions of the execution Ha began his career in a position encompassing of the project And as the international contractor, Stone both domestic and international law - & Webster makes proposals not only for the technical Administrative Law Attomey Advisor with the aspects of the project, but also for its financing. I try to Federal Energy Regulatory Commission in Washington, detennine the most efficient and profitable way for the DC. Ha was involved with international energy company to provide the services and products in a AkanaMa '84 transactions, and he and other lawyers at the particular country for a particular dient I've become very Commission provided advice about the likely effect familiar with the laws of the countries hosting the of lower tariffs on energy use as the United States projects. We also draw upon local counsel and consultants government negotiated a trade agreement with and don't need to be experts in everything. but I think most difficult as well as the most attractive aspects Canada we end up becoming quite knowledgeable." of his position. He says, "Travel is glamorous until Next Ha took part in international commercial Hany of Ha's projects are located in Asia and South you find out that working in an office in Bangkok, transactions as an associate with the law finn of America, so he is frequendy absent from his Boston office, Thailand is no more glamorous than working in one Kirkpatrick & Lockhart, also in Washington, DC. sometimes for extended periods. Ha explains, "Host of in Boston, Hassachusetts. You're still in an office There his practice focused on international energy my company's international operations are based in our doing the same kind of work." law as well as technology licensing and import! Houston office, so I usually go there each month or travel Nonetheless, Ha feels that after being in export law. to wherever our dient or project partner is. This might several types of legal environments, he has found After several years with the firm, Ha was be Thailand, China, Halaysia, Japan, Ecuador, Hexico, or the one which suits him best He says, "For a ready for a change. He still enjoyed international any number of other places. And the travel is number of years,l wondered if I'd do what I wanted law, but he says, "I wanted to practice law in a unpredictable. In 1991,1 spent four months out of Boston to do, but if you persist, you can inch your way forum where there were more business issues mixed or overseas, mostly overseas. In 1992, I only spent about doser. Being in-house, I've been able to fulfill my with my legal work." six weeks away. But it's interesting. and I'm always desire to work with others proactively rather than Seeking a position as in-house counse~ Ha meeting new people. Each project is different, and each reactively. Hy practice allows me to develop creative was drawn back to Boston and to Stone & Webster country is different I consider myself fortunate to have solutions in serving my dients. I also feel I'm part Engineering Corp., one of the worid's largest found an area of practice which is both exciting and of a team working toward a common goal, and international engineering and construction firms. challenging." that's been a pleasant surprise about corporate For the past three years, Ha has provided legal According to Ha, the travel presents some of the practice." _

32 BOSTON COLLEGL LAW SCHOOL MAGAZINE TESTINGTHE

PATIERNS

VRlNG THE CONFIRMATION PROCEEDINGS for Justices David Computer technology offers a new perspective on United States Supreme Souter and Clarence Thomas, much was written in the Court decisions D popular press and legal journals about the makeup of the United States Supreme Court. The conventional wisdom presented in

by Professor Robert H Smith articles at the time ofJustice Souter's nomination was that the retirement ofJustice William Brennan would firmly tilt the Court in favor of a bloc of conservative justices. The 1990-1991 Court was generally perceived as consisting of two voting blocs: a group of six justices (ChiefJustice William Rehnquist and Associate Justices Byron White, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, and Souter) who were in control of the decision-making, and a group of three justices (Justices Thurgood Marshall, Harry Blackmun, and John Paul Stevens) who had very lime influence over outcomes. By the time of Clarence Thomas' nomination in August 1991, some critics seemed resigned to the fact that the Court already had been "lost" to the conservatives and that Justice Marshall's vote had become largely irrelevant and symbolic. The general assumption was that Justice Thomas' appointment would drive the Court even further to the right, with an even freer hand to reverse precedent of the Warren Court.

Analysis of the voting patterns of the important cases, notably those involving justices, however, calls into question many discrimination issues, he was more moder­ ofthese conventional assumptions about the ate than might have been expected and, Court's decision-making. Examination of along with Justices O'Connor, White, and the 1990-1991 term, for example, tends to Kennedy, was a key swing voter between the support superficial characterizations of the polarized blocs of Justices Rehnquist and Court as conservative. However, as the vot­ Scalia, on the one hand, andJustices Marshall, ing data is considered more closely, it reveals Blackmun, and Stevens on the other. significant divisions within the blocs of jus­ During his second term, 1991-1992, tices, variations from subject area to subject Justice Souter's moderation was even more area, and more influence being exerted by evident. Along with Justices Kennedy, the liberal justices than might be expected. O'Connor, and to a lesser extent White, Justice Souter, as predicted, generally fit Justice Souter was a centrist; all four were comfortably into the group of six and often surprisingly independent of the more con­ voted in conflict with Justice Brennan's servative bloc ofJustices Rehnquist, Scalia, voting history in his first term. But in certain and Thomas. In his initial term, Justice

BOST ON COLLEGE LAW SCHOOL MAGAZINE 33 Thomas aligned himself quite closely with Justice Rehnquist and, even more so, Justice Scalia, and he generally adopted positions as INFORMATION ENTERED IN DATABASE FOR EACH ISSUE conservative as any articulated by the jus­ IN AUTHORED OPINIONS, 1990-1991 tices. The divergen t records of] ustices Sou ter and Thomas, President Bush's two appoin­ IIHNIIfYING INfORMAl ION AUIHORSHIP AND VOllNG tees to the Court, are crucial to the current balance within the Court, in which the Case Name Author of Each Opinion U.S. Law Week Citation Justices Joining Each Opinion centrists exert the most significant control Statement of Issue Voting by Individual Justices over outcomes as they al ign themselves, on a Summary of Ruling T oral Votes for Majority and Dissent case-by-case basis, with either of the more

predictable voting blocs of the more liberal CHARACTERISTI( S Of DfClSION (BlackmunandStevens) orthe more conser­ Lower Court vative (Rehnquist, Scalia, and Thomas) jus­ Specific Holding (Affirm, Reverre, Vacate) tices. Economic Interests or Personal Liberties Involved Is there truly a" new" Supreme Court, as Decision Based on Statute, Constitution, or Common Law Government as a Party (State or Federal; Ruling For or Agaimt Government Party) touted in some news stories, or is this an Criminal (State or Federal Conviction; Ruling For Prosecution or Defendant) impression created by a few high-ptofile Civil: Individual vs. Government (State or Federal,· Ruling For or Agaimt Governmem) decisions, such as Planned Parenthood v. Civil: Union as a Parry (Individual, Business, State, or Federal Government as Party; Ruling Casry,inwhichJusticesO'Connor,Kennedy, For or Agaimt Union) Civil: Business vs. Government (State or Federal; Ruling For or Agaimt Business) and Souter joined with Justices Blackmun First Amendment Clai m (Ruling For or Against Claim) and Stevens to reject arguments for overrul­ Federal Habeas Corpus (Ruling For or Agaimt Petitioner) ing Roe v. WaM. Could it have been pre­ Federalism (Ruli,lg For Federal or For State Interests) dicted that despite the appointment of the Challenge to Jurisdiction (Ruling For or Agaimt Jurisdiction) Statutory Civil Rights Claim (Ruling For or Agaimt Claim) reliably conservative Justice Thomas in 1991- United States as Amicus Curiae (Ruling For or Agaimt Position Advocated) 1992, there would be fewer conservative Equal Protection Claim (Ruling For or Agaimt Claim) outcomes for the Court as a whole? And Privacy Rights (Ruling For or Agaimt Claim) what effect mightJustice White's retirement

have on the balance of power within the CIIARACl ERIZAl IONS OF DFCISION Court? Liberal or Conservative Answers to these questions can be pro­ Reflect Judicial Restraint or Judicial Activism vided by an empirical analysis of the voting Justice Souter's Vote Differ From or Agree With Justice Brennan's Likely View records of the justices. Using a computer Justice Souter's Vote Differ From or Agree With Predictions at Time of Confirmation database program, I have examined voting behavior during the 1990-1991 and 1991- 1992 Supreme Court terms. This article summarizes some of the key findings of the two-year study and illustrates the utility of within the range ofviews on the Court. This behavior, and an empirical analysis can be the empirical analysis in understanding the approach not only improves the size of the helpful in identifYing patterns that suggest Court and in predicting its possible future sample being studied, 132 votes instead of further inquiry and speculation. For ex­ directions. 12 opinions, but also is likely to yield a richer ample, it is unlikely that a justice would

TECHNOLOGY GOES BEHIND THE WRITTEN OPINIONS The ability to subdivide a category ofissues his study of voting behavior has the Oadvantage of looking not only at by voting patterns is the key to much ofthe what the justices said in their opinions, which may be relatively few in number, but analysis ofthis study. also at what they actually did in casting their votes in cases in which they participated. L Justice Souter, for example, authored only 12 opinions during his first term, yielding understanding of Justice Souter and of the expressly state in an opinion that he distrusts limited insight into hisrolewithin the Court. Court than might be attained merely through the police or that state court judges cannot In contrast, a study of his voting permits careful study of the written opinions. be trusted to enforce federal constitutional comparisons of his positions with those of What justices say in their opinions may protections. Nevertheless, it is possible to the other justices in order to place him not be the whole explanation for theirvoting infer that those views could be influencing a

]4 BOSTON COLl.EGE LAW SCHOOL MAGAZINE issues by voting patterns is the key to much of the analysis of this study. Using a com­ AGREEMENT AMONG JUSTICES: ALL ISSUES 1990-1991 puter database program makes it possible to arrange, rearrange, sort, and locate informa­

~ tion in the records for quick, dynamic shift­ 0 z

MARSHALL 86% This study also differs from others in that it records the justices' voting by issues rather than by cases. When a single case involves BLACKMUN two independent issues, such as a question of statutoty interpretation and another of con­ stitutional law, two separate records are cre­ STEVENS ated, and two votes are tallied. This avoids the ambiguity present in some studies in which distinct issues in a case have to be O'CONNOR 91"/0 88% combined as a single vote. The information Percentage o/times that entered into the database for each decision SCAllA two justices joined in appears in Table 1. the same opinion(s) on From the database, I have developed an Issue three types of statistical tables to reflect the voting patterns of the justices. These tables, examples of which appear in this article, are Agreement with Majority (indicating the number and percentage of times each justice voted with the majority and dissent), Agree­ ment Among Justices (reflecting the num­ ber and percentage of times that each pair of justices joined in the same opinion on an justice's voting if over a large enough sample however, may point out possibilities and issue), and For/Against Charts (tallying the of cases he or she consistently votes against probabilities that might not be suggested voting by justices either for or against a the prosecution in cases reviewing state court solely by reading the opinions themselves. particular position or party on a common criminal convictions. An approach that combines statistical analy- group ofissues, e.g., votes for and against the prosecution in criminal cases).

THE 1990 TERM: CASES OF CONTRASTS This study also diffirs .from others in that it records III ot surprisingly, when looking at all the justices' voting by issues rather than by cases. III 146 issues considered during the I 990- 1991 term (Table 2), the justices with the highest rates ofagreement were those associ­ L ated with the same voting blocs. The three members ofthe liberal bloc austices Marshall, This is not to say that voting statistics are sis and careful study of the reasoning and Blackmun, and Stevens) had significantly a substitute for close analysis of written justifications in the written opinions will higher agreement rates among themselves opinions. Nor do the voting summaries give a more complete picture than either than with any other justices. Similarly, when "ptove" in any statistical sense what moti­ method alone. the 40 criminal issues are separated out, the vates the voting of the justices. The data, The ability to subdivide a categoty of voting patterns tend to confirm a 6-3 divi-

BOST ON COllEGE LAW SC HOOL l'vtAGAZINE 35 sion, with Justice Souter's appointment so­ lidifYing a relatively consistent pro-prosecu­ tion majority. Some of the most predictable FOR AND AGAINST and polarized voting occurred in the crimi­ nal cases, with relatively few decided unani­ STATE CRIMINAL CONVIcrJONS FEDERAL CRIMINAL CONVIcrJONS mously, 25 percent of the criminal issues JUS1 I( I % HlR PROSH [ I lOt>; J [IS I I( I % Hlll PROSfCUTION compared to 50 percent for the rest of the Court's caseload. The Court ruled for the REHNQUIST 89% SOUTER 82% prosecution in 65 percent of the issues, with SCALIA 89% REHNQUIST 77% Justices Rehnquist, Souter, and Scalia the most likely to vote for the prosecution, SOUTER 77% O'CONNOR 77% between 77 percent and 85 percent of the O'CONNOR 70% BlACKMUN 75% time. Justices Marshall, Blackmun, and Stevens, on the other hand, voted for the KENNEDY 67% WHITE 67% prosecution on only 16 percent to 35 per­ WHITE 50% STEVENS 67% cent of the issues. However, upon closer examination, cer­ BlACKMUN 16% KENNEDY 62% tain types ofcriminal issues do not foUow the MARSHALL 0% MARSHALL 55% overall pattern. For example, though issues arising in state criminal cases tended to be STEVENS 0% SCAlIA 50% resolved along bloc lines, appeals of federal convictions were not (Table 3). Compare COURT AS A WHOLE 63% CoURT AS A WHOLE 69% state criminal convictions, in which only one of 17 issues was unanimous and the three liberal justices were dramatically more likely to vote for the defendant than for the prosecution, with federal convictions, in which two-thirds of the issues were decided unanimously, and the liberals were no more sumably occurred because of differences in procedure decisions, including Miranda. likely to vote for the defendant than Justices the nature of the issues being adjudicated Through a combination ofthe appointment Scalia, Kennedy, and White. Even within and the justices' views of the relationship of justices with even stronger pro-prosecu­ the cases reviewing state court convictions, between the federal and state courts. The tion positions - Justices Rehnq uist, some ofthe justices' attitudes varied depend­ state criminal cases involved issues of consti­ O'Connor, Scalia, Kennedy, and Souter­ ing on the type of issue involved. For ex­ tutional interpretation, judicial activism, and and Justice White's tendency to adhere to ample, on issues of due process and equal federalism that are not present in the federal stare decisis rather than overrule recent protection regarding the conduct of trials cases, and the voting patterns in the state precedent, Justice White was in 1990-1991 (juty selection, admission of evidence, jury cases tend to reflect the attitudes of the only sixth among the justices in terms of a instructions and voting, and sentencing), justices on the broader issues. pro-prosecution voting record and was a Justices White and Kennedy, and to a lesser The shift in attitude from the Warren swing voter in many of the decisions for the extent, Justices O'Connor and Souter, were and Burger Courts to the Rehnquist Court defendant. more likely to vote for the defendants, align­ ing themselves with the liberals and separat­ ing themselves from Justices Rehnquist and Scalia, resulting in seven of 13 rulings forthe defendants. Though issues arising in state criminal cases These differences challenge the tendency to label the Court as whole, as well as indi­ tended to be resolved along bloc lines, appeals vidual justices, in a simplistic fashion as "pro-prosecution" or "pro-defendant" in offlderal convictions were not. their attitudes toward criminal issues. Clearly, something other than bias against the pros­ L ecution was operating when Justices Marshall and Stevens joined in unanimous rulings for is illustrated very strikingly in Justice White's The Rehnquist/Scalia bloc was distin­ the prosecution in six of 13 federal cases, relative position on these criminal issues. guished from the more moderate justices by while they never voted for the prosecution in During the period he served with Chief the aggressiveness with which they would 26 state issues. Justice Earl Warren, Justice White was con­ overturn prior criminal procedure rulings, The sharply contrasting voting patterns sidered strongly pro-prosecution and dis­ and in the case of] ustice Scalia, by his efforts revealed in the state and federal cases pre- sented from some of the landmark criminal to totally recast traditional analysis. For ex-

36 BOSTON COLLEGE lAW SCHOOL MAGAZI NE ample, in California v. Acevedo, Justice polarized blocs were in the majoriry berween liberals in extending the Batson rule to pro­ Scalia not only joined the Court's opinion 67 percent and 79 percent of rhe rime. The hibir peremptory jUlY challenges on racial that overruled Arkansas v. Sanders regarding voting of Justices Whire and Sourer is par­ lines in civil cases. Justice Sourer's vore also searches of containers in automobiles, but ricularly noteworthy, as rhey had rhe highesr was crucial in the one gender discriminarion also wrote a concurring opinion, not joined rate of joining each other (88 percent) and case during the rerm, UA W v. Johnson Con­ by other justices, that advocated a rejection borh joined in opinions with Jusrices trols. He and J usrices O'Connor, Marshall, of the accepted interpretation of the Fourth Marshall, Blackmun, and Stevens more fre­ and Stevens joined in rhe Opinion of rhe Amendment. He proposed that the" reason­ quently rhan rhey did with eirher Justice Court by Jusrice Blackmun supporting a ableness" requirement of the Amendment Rehnquist or Jusrice Scalia. These rates of reading of Title VII in sex discriminarion be defined by protections afforded by the agreement are presented in Table 4, Agree­ cases that invalidated fetal protection poli­ common law, which did not include a gen­ ment AmongJ usrices for rhe 20 discrimina- cies excluding women from caregories of eral requirement of a search warrant. In some instances the Rehnquist/Scalia bloc obtained the support ofenough ofthe swing justices to accomplish the reversal of recent precedent; other times it could not. It would be premature, however, to conclude .from these votes that Justice Souter is a closet liberal in THE SURPRISING JUSTICE SOUTER discrimination matters. Though he joined the liberals n !though some of the voting in criminal more often than he did with Justices Scalia and iii cases tended to confirm rhe conven­ tional wisdom about rhe makeup of the Rehnquist, Justice Souter's highest rates ofagreement Court and Justice Souter's divergence from Justice Brennan, rhe discrimination issues were with the other swingjustices, all moderates. decided in 1990-1991 did not fit those srereotypes. Like rhe criminal cases, rhe dis­ criminarion issues rended to polarize rhe L justices into rwo predicrable, extreme groups Qusrices Marshall, Blackmun, and Srevens, rion issues during the 1990-1991 rerm. employment. who voted overwhelmingly for claimanrs, Justice Sourer seemed to reflect moder­ It would be premarure, however, to con­ and Justices Rehnquist and Scalia, who were ate-to-liberal views, particularly in cases of clude from rhese vores rhar Justice Souter is generally unsupportive of claimants), with racial discrimination. For the ten issues on a closer liberal in discrimination marrers. the others as swing vorers. However, unlike which he voted in rhese cases, he agreed wirh Though he joined rhe liberals more often the criminal issues and contrary to borh rhe J usrice White in every vore. He joined with rhan he did wirh Justices Scalia and overall voring parrerns and rhe Court's con­ Justices Marshall, Blackmun, Srevens, and Rehnquist, Justice Souter's highest rates of servarive image, rhe moderare jusrices vored Kennedy 80 percent of the rime, and he was agreement were wirh the orher swing jus­ with rhethree liberals quirefrequently, form­ in agreement with J usrice O'Connor 78 rices, all moderates. In several instances, he ingmajoriries in favor ofthe claimanrs on 60 percent of rhe rime. In contrast, he joined and orher moderates joined the Rehnquistl percent of rhe issues. wirh Jusrice Rehnquist in 44 percenr and Scalia bloc ro limir rhe scope of the equal The shifting coalitions formed by the with Justice Scalia in only 22 percent of rhe protection clause (Hernandez v. New York), swing voters resulted in voring patterns and racial discrimination issues. Title VII (EEOC v. Arabian American Oil outcomes that were not nearly as predictable The key role of Jusrice Sourer and the Co.), and rhe Age Discrimination in Em­ as in rhe criminal cases. There were no 5-4 orher swing justices is reflected in the out­ ploymentAcr ( Gregory v. Ashcroji) . Thus, his decisions, and of rhe six issues with rhree comes ofthe racial discriminarion decisions. voting for claimants 69 percent of rhe time dissenters,] us rices Rehnquistand Scalia (wirh For example, in rwo voting righrs cases, on all discrimination issues and 80 percent one of rhe swingjusrices) were as likely to be Chisom v. Roemerand Houston Lawyers Asso­ of rhe rime on issues in racial claims is in dissent as rhe liberals. The rwo blocs ciation v. Texas, he joined Justices White and acruallyat rhe midpoint for rhe Court for the usually were able to artract ar least some O'Connor and the rhree liberals in ruling cases in which he participared. support from the moderates, with only three thar elections of state court judges are gov­ The fairesr reading of his firsr-rerm vot­ of the 20 issues considered having Jusrices erned by the Voting Righrs Act. In Powers v. ing is rhat Justice Sourer is a moderate on Marshall, Blackmun, and Stevens as sole Ohio, all four swing voters joined rhar group discriminarion issues, relarively independent dissenters, and rwo having only Justices of three to rule rhat the Batson prohibirion of eirher of rhe polarized and more predict­ Rehnquist and Scalia in dissent. on rhe racially biased exercise of peremptory able blocs. His appointment in place of When voring on discrimination issues, challenges to prospective jurors in criminal Justice Brennan rook away a relatively con­ Jusrices Sourer, Whire, O'Connor, and cases prorecrs defendants of any race. In sisrent vote in favor of claimants, bur in Kennedy were in the majoriry more rhan 90 Edmonson v. Leesville Concrete Co., Justices contrasr to rhe criminal cases, it has not percent of rhe time, while justices in rhe Sourer, Whire, and Kennedy joined the added a consistent vore for rhe conservative

BOSTON COLLEGE LAW SCHOOL MAGAZINE 37 bloc. In discrimination issues, he joined a group of swing voters with sufficient influ­ ence so that the Court appears to decide AGREEMENT AMONG JUSTICES: DISCRIMINATION ISSUES 1990-1991 issues on a case-by-case basis rather than on predictable, ideological positions.

THE 1991 TERM: J THE CENTRISTS TAKE THE LEAD --,---.----- ft'JI hen Clarence Thomas was appointed RmNQUIST 60°/0 84°/0 ..in October 1991 in place ofretiring Justice Marshall, it was widely assumed that WHITE he would further solidifY the conservatives' hold on the Court. As long as the justices were viewed simplistically as divided along MARsHALL 6-3 lines, the deletion of Justice Marshall and the addition of predictably conservative Justice Thomas would seem to dictate more BIACKMUN conservative outcomes and even greater op­ portunities to reverse Warren Court prece­ dent. But, as it turned out, this conventional STEVENS wisdom failed to take into account the more subtle divisions within the "conservative O'CoNNOR bloc" revealed by the analysis of the voting data. Percentage oftimes that Preliminary analysis of the 1991-1992 SCAUA two justim joined in term contradicts the simplified prediction of the same opinion(s) on a conservative Court divided along 7 -2 lines an issue and presents instead a picture of a court KENNEDY 8tlo divided into groupings of 3-4-2. The ap­ pointment of Justice Thomas in place of Justice Marshall added a third vote to the Rehnquist/Scaiia bloc and left just two reli­ able votes in the liberal bloc 0 ustices Blackmun and Stevens), but at the same time, the four moderates continued their movement toward centrist positions and the majority and joining in the Opinion of for the prosecution, whereas in the prior year away from alignment with the conserva­ the Court. This is a continuation, indeed a he had been second. tives. As a result, the centrists were the most slight increase, in his joining patterns during On the other hand, Justice Thomas was influential voters in establishing majorities with one or the other of the more extreme blocs, and there were fewer rather than a greater number of conservative outcomes. The most common voting alignments The centrists were the most influential voters in are reflected in Table 5, Agreement Among Justices in joining opinions in the 138 issues establishing majorities with one or the other of decided in the 1991-1992 term. The highest rates of agreement were between members the more extreme blocs ... of the same bloc, the lowest were between members of the two ideological extremes, and the centrist justices tended to have mod­ L erate rates of agreement with those at either extreme. his first term, when he also had the highest clearly in the Rehnquist and Scalia camp and The voting data reveals very different rates. Souter's apparent moderation ofviews had the highest rate of agreement with Jus­ niches for Justices Souter and Thomas. Jus­ on criminal cases over the two terms is tice Scalia. Justice Thomas had only moder­ tice Souter was the consummate centrist, especially notable; during 1991-1992, he ate agreement rates with the four centrists with the highest percentages for voting with was fifth highest among the justices in voting and had among the lowest rates of agree-

]8 BOSTON COLLEGE LAW SCHOOL MAGAZi NE O'Connor, Souter, and Kennedy were al­ most exactly at a mid-point between Justices

AGREEMENT AMONG JUSTICES: ALL ISSUES 1991-1992 Stevens and Blackmun, on the one hand, and Justices Scalia, Thomas, and Rehnquist on the other. Again, the criminal issues '"0 ?3 proved an apt example of the centrists' influ­ ~ Vl ence. Justices White, O'Connor, Kennedy, g 0~ ~ ~ 8 ~ ::c 0 ~ ~ f-; and Souter voted for the prosecution only en J en b en ~ ~ between 59 percent and 63 percent of the ------time, the approximate midpoint between REHNQUIST 71% 76% 65% 46% 4i/o 78% 76% the two liberals and the three conservatives. -- As a result, Justices Blackmun and Stevens were in the majority in the criminal issues WHITE 61% 72% 65% 65% 59% 65% slightly more often than either Justice Scalia or Justice Thomas. THOMAS 57% 82% 35%

THE LESSONS IN THE VOTING BIACKMUN 58% 57% 32% I he most recent Supreme Court terms have shown us that neither the justices STEVENS 38% 61% nor the outcomes ofcases can be taken at face value. Upon closer inspection, some of the seemingly conservative justices may prove O'CoNNOR 5 % 8 far more moderate than expected, even ap­ proaching the label of "liberal" in certain Percentage oftimes that two justices joined in instances. Asaresult, the justices most clearly the same opinion(s) on defined as liberal have continued to exert an issue some degree of influence on the Court, KENNEDY 80% despite their diminished numbers. By delv­ ing more deeply into the justices' voting patterns, we can develop a richer under­ standing of their decision-making processes so that we may in turn anticipate their likely voting behavior in similar cases yet to come before them. Though an empirical analysis may not predict shifts in voting resulting ment of all pairings wi th Justices Blackmun plified his alignment on the Court; he voted from a justice's personal and professional and Stevens, agreeing with them on out­ for the prosecution on 76 percent of the growth, it is a highly beneficial tool in look­ comes on only half of the issues and joining issues, the highest of all justices. ing both retrospectively and prospectively at the Court. •

Robert H Smith is an The most recent Supreme Court terms have Associate Professor at Boston College Law shown us that neither the justices nor the School. He is the au­ thor oj'Justice Souter outcomes ofcases can be taken atface value. Joins the Rehnquist Court: An Empirical Study ofSupreme Court Voting Patterns, "an L article on the 1990-1991 Supreme Court session published in 41 Kansas Law Review them in opinions approximately one-third The centrist role of the four moderate 10 (1992). He currently is completing an of the time. This level of disagreement is justices - White, O'Connor, Kennedy, article analyzing the 1991-1992 Court term particularly striking given that 57 of the 138 and Souter - emerged much more clearly and the contrasting roles ofJustices Souter and issues were decided unanimously. Justice in the 1991-1992 voting than in the previ­ Thomas. Professor Smith teaches a seminar on Thomas' voting on the criminal issues exem- ous year. By the 1991-1992 term, Justices the Supreme Court at the Law School.

BOSTON COLLEGE LAW SCHOOL I\1AGAZIN£ 39 In May, PROFESSOR MICHAEL DEAN DANIEL R. COQUILLETTE tute on Health Care Fraud. ANSALDI spoke at a conference was the keynote speaker at the That san"le month, she gave a held at the University of Chi­ annual meeting of the Massa­ brief presentation on the role of cago to commemorate the 100th chusetts Defense Lawyers Asso­ faculty research and her current anniversary of Karl Llewellyn's ciation in May. In July, he will study related to law firm work birth. Ansaldi also published an travel to Exeter, England to de­ hours during a meeting of the article titled "The German liver rwo scholarly abstracts at Boston College Law School Llewllyn" in 58 Brooklyn Law the Eleventh British Legal His­ Alumni Council. In March, Review 3 (1993). tory Conference. His 1992 Landers was a panelist address- . . In January, PROFESSOR HUGHJ. book, titled Francis Bacon, IS ll1g women as an emergll1g pov- AULT taught a course on nego­ now in its second printing. erty class as part ofa sym posium FACULTY tiating international tax conven­ on public service and public Last fall, PROFESSOR PETER A. policy held at Radcliffe College tions to tax policy makers from DONOVAN was a VisitingProfes­ news & notes the Baltic States and the Con­ in Cambridge, Massachusetts. sor at the East China Institute of federation of Independent She also served as a panelist on Law and Politics in Shanghai, States. Held in Copenhagen, a program on law school ad­ where he taught a course on Denmark, the course was spon­ mission and legal careers pre­ products liability law. While in sored by the Organization for sented to Radcliffe and China, he also addressed the Economic Cooperation and Harvard U niversi ty under­ topic of recognition of oral en­ Development (OECD). That graduates. forcement of intellectual prop­ same month, Ault spoke on the PROFESSOR CYNTHIA C. LICH­ erty rights in a market economy tax treatment of software dur­ TENSTEIN recently presented a before members of the Shang­ ing a conference in Paris, France report on the treatment of net­ hai Indusny and Commercial on the recently published Model ting in payment systems and Bureau. Income Tax Convention. He harmoniza tion of prudential also served as a panelist discuss­ PROFESSOR DEAN HAsHIMOTO standards for international banks ing recent developments in tax gave a presentation tided "Le­ before members of the Interna­ treaties and future international gal, Social, and Occupational tional Law Association at a meet­ tax policy directions during the Aspects of AIDS" as part of an ing held in Basle, Switzerland. annual meeting of the Interna­ AIDS workshop sponsored by She also participated in a panel tional Fiscal Association, held Boston College's Division of discussion titled "Foreign Policy in Boston in March. Student Affairs in March. and the Just Deserts of Sover­ In May, PROFESSOR CHARLES eignty," held in Boston and "Wer Sind Wir Wieder: Laws of H. BARON spoke in Paris, France sponsored byanumberofinter­ Asylum, Immigration, and Citi­ at a conference titled "Sang et national law organizations as well zenship in the Struggle for the Droit" ("Blood and Law") ad­ as the Massachusetts and Bos­ Soul of The New Germany," dressing the French scandal in­ ton Bar Associations. In J illy, an article written by PROFESSOR volving government distribution she will be in the Hague, Neth­ DANIEL KANSTROOM, was pub­ of AIDS-tainted blood. This erlands to chair a panel titled lished in 18 Yale J Intl L. 155 winter, Baron appeared on nu­ "Regional Development Assis­ (1993). merous television and radio pro­ tance, the EEC and NAFTA grams to discuss organ trans­ In March, PROFESSOR THOMAS Compared" during a conference plant laws, physician-assisted C. KOHLER gave a presentation jointly sponsored by the Ameri­ suicide, and other topics related titled "Quality ofWorklife and can SocietyofInternational Law to law and bioethics. Shopfloor Involvement Schemes and the Dutch Society ofInter­ Under the National Labor Re­ national Law. PROFESSOR ARTHUR L. BERNEY lations Act" to members of the presented a paper titled "Secret Harvard University Trade As part of the Coolidge Center Files: A Comparative Caution­ Union Program. Seminar on Law and Develop­ alY Tale" at the InterAmerican ment, PROFESSOR ZYGMUNT Law School in San Juan, Puerto In February, PROFESSOR RENEE J.B. PLATER gave a presenta­ Rico in February. The paper M. LANDERS served as one of the tion at Harvard University on drew comparisons berween se­ moderators of a panel on the international environmental law cret police activities in Eastern Department of Health and and the lessons to be drawn European nations and those of Human Services' Safe Harbor from UnitedStatesenvironmen­ police and the F.B.1. in collect­ Regulations held in Lake Buena tal law before an audience of ing and maintaining files on Vista, Florida as parr of the New England-area graduate Stu­ 135,000 Puerto Ricans. American Bar Association Insti- dents from third world coun-

40 BOSTON COLLEGE LAW SCHOOL MAGAZINE tries. In addition, he has been Visiting Scholar at the Harvard curiae brief to be filed with the tee of the Association of Amer­ facilitating communication be­ Business School. More recently, United States Supreme Court ican Law Schools section on tween individuals with infor­ he spoke on developments in by a group of law professors. minority groups. In January, he mation on human rights viola­ corporate taxation as part of a Pertaining to the case of Acuff gave a presentation titled "Copy­ tions in Bosnia and several Massachusetts Continuing Le­ Rose v. Campbell the brief ad­ right Primer for Arts Lawyers" United Nations agencies. gal Education conference. dresses the extent to which copy­ for a Massachusetts Continuing right law treats parody as a fair Legal Education program. He During the fall of 1992, PRO­ PROFESSOR ALFRED C. YEN IS use. In addition, Yen has been re­ also co-authored the teaching FESSOR JAMES R. REPETfI was a the lead author of an amicus elected to the Executive Conurut- materials on this subject. -

Faculty Publications 1991-1992

ANSALDI, MICHAEL stitutional Revolution'," in 77 Analysis. New York: Matthew VA: The Michie Company, "The Do-Nothing Offeree: Massachusetts Law Review 35 Bender, 1992. 1992. Some Comparative Reflec­ (1992). tions," in 1 Florida State Univer­ FITZGIBBON, SCOTT T. HOWE, RUTH-Aiu.ENE W. sityJournal ofTransnationalLaw BLOOM, ROBERT M. & Policy 43 (1992). With Donald W. Glazer. Fitz "A Wake-Up Call For Ameri­ With MarkS. Brodin. Comtitu­ Gibbon and Glazer on Legal can Society or 'Have The Chick­ tional Criminal Procedure: Ex­ Opinions: What Opinions in Fi­ ens Just Come Home to AULT, HUGHJ. amples and Explanations. Bos­ nancial Tramactions Say and Roost?' ," essay review ofCharles With DavidR. Tillinghast. Fed­ ton: Little, Brown and Com­ What They Mean. Boston: Little, Patrick Ewing's When Children eralIncome Tax Project: Interna­ pany,1992. Brown and Company, 1992. Kill: The Dynamic ofJuvenile tional Aspects of United States Homicide, in 16Nova Law Re­ Income Taxation IL Proposals of view 847(1992). BRODIN, MARK S. GOLDFARB, PHYLLIS The American Law Imtitute on United States Income Tax Trea­ With Robert M . Bloom. Con­ "From the Worlds of 'Others': KATZ, SANFORD N. ties. Philadelphia: American stitutional Criminal Procedure: Minority and Feminist Re­ Law Institute, 1992. Examples and Explanations. sponse to Critical Legal Stud­ " That They May Thrive' Goal Boston: Little, Brown and Com­ ies," in 26 New England Law of Child Custody: Reflections With Paul R. McDaniel, Mar­ pany,1992. Review 683 (1992). on the Apparent Erosion of the tin J. McMahon, and Daniel L. Tender Years Presumption and Simmons. 1992 Supplement to "Beyond Cut Flowers: Devel­ the Emergence of the Primary Federal Income Taxation of oping a Clinical Perspective on BROWN, GEORGE D. Caretaker Presumption," in 8 Partnerships and S Corpora­ Critical Legal Theory," in 43 Journal ofCont emporary Health tions. Westbury, NY: Founda­ "Federal Common Law and the Hastings Law Journal 717 Law and Policy 123 (1992). tion Press, 1992. Role of tlle Federal Courts in (1992). Private Law Adjudication - A With Paul R. McDaniel, Mar­ (New) Erie Problem?," in 12 tin J. McMahon, and Daniel L. Pace Law Review 229 (1992). HAsHIMOTO, DEAN LANDERS, RENEE M. Simmons. 1992 Supplement to With Constance V. Vecchione Federal Income Taxation of With T. Brennan, and D. andDonnaM. Turley. "Selected Business Organizatiom. West­ Christiani. "Should Asbestos in COQUILLETTE, DANIEL R. Cases," in Massachusetts Hand­ bury, NY: Foundation Press, Buildings Be Regulated on an book of Fees and Client Funds, 1992. Francis Bacon. Stanford, CA: Environmental or Occupa­ Stanford University Press, 1992. tional Basis?, " in 643 Annals of Dollars and Sense for Massachu­ "Corporate Integration and Tax [For distribution in Europe, the New York Academy of Sci­ setts Attorneys. Boston: Massa­ Treaties: Where Do We Go Edinburgh, UK: Edinburgh ences 609 (1991). chusetts Bar Association, 1992. From Here?," in 4 Tax Notes University Press, 1992.J International 545 (1992).

LICHTENSTEIN, CYNTHIA HILLINGER, INGRID M. C. BARON, CHARLES H. DONOVAN, PETER A. With Raymond T. Nimmer. "Thinking the Unthinkable: "The Supreme Judicial Court With Zolman Cavitch. 1992 Commercial Transactions: Se­ What Should C ommercial in its Fourth Century: Meeting Revisions of Massachusetts Cor­ cured Financing, Cases, Materi­ Banks or Their Holding Com- the Challenge ofthe 'New Con- poration Law with Federal Tax als, Problems. Charlottesville, (continued on Page 47)

BOSTO N COLLEGE LAW SCHOOL MAGAZ INE 41 Alumni Association Presents New, Existing Awards on Law Day

I BI oston College Law The William J. Kenealy, S.]. degree. She began her legal School's Alumni Associa- Alumnus of the Year Award for career as ahousingattorneywith tion presented three existing 1993 went to OklaJones II '71, the Massach usetts Law Reform awards as well as a newly created who was elected to his present Institute at Self Help, Inc. and award during its 1993 Law Day position as Civil District Court subsequently became Regional celebration on May 5. Justice for Louisiana's Parish of Counsel to the Office of Dean Daniel R. Coquillette, Orleans in 1991 after five years Economic Opportunity/Com­ who is leaving the deanship of as the chief legal officer for the munity Services Adminis­ ALUMNI Boston College Law School to city of New Orleans. His entire tration and Deputy Regional return to the faculty, received legal career has been based in his Director of the Legal Services news & notes the Association' s highest honor, native state, where he also was Corporation, both in Boston. the St. Thomas More Award, Special Counsel to the New Connolly currently serves as given to a member of the legal Orleans City Council and a a board member of the Lawyers community who represents the parmer in two New 0 rleans law Clearinghouse on Affordable ideals ofSt. Thomas More in his firms. In addition, Jones served Housingand Homelessness, the or her professional or personal as Project Director for the Law Firm ResourcesProject,and life. Coquillette has guided the Lawyers' Committee for Civil the Legal Advocacy and Referral Law School during a period of Rights Under Law, Director of Center. She also is Chair of the unprecedented g~owth and also the Employment Discrimi­ New England Legal Services has distinguished himself as a nation Clinic at Tulane Project Directors and a peer teacher and legal scholar. He University School of Law, and consultant for the ABA's Pro has written numerous articles as a staff attorney with the Bono Peer Consultation Project. on the subjects of professional American Civil Liberties Union The Alumni Association's responsibility and legal history, of Louisiana and the New newest form of recognition, the andheis the authorofthe recent Orleans Legal Assistance Cor­ Daniel G. Holland Lifetime book titled Francis Bacon. poration. Achievement Award, was Coquillette is the Reporter to Jones earned a B.A. at presented to its namesake, the Committee on Rules of Southern University in Baton Daniel G. Holland '44. The Practice and Procedure of the Rouge, Louisiana. He is a award honors individuals whose Judicial Conference of the member of the American long-standing dedication to United States and a member of J udicarure Society and the excellence and service distin­ the Standing Committee on National Conference of Black guishes them from even the Ethics of the American Bar Lawyers. most notable alumni. The Association (ABA). The second annual DavidS. criteria established for the Before coming to Boston Nelson Alumni Public Interest award are those exemplified by College Law School, Coq uillette Award, named for Senior Judge Holland: unselfish, ongoing was a partner in the Boston law David S. Nelson of the United generosity in working to advance firm of Palmer and Dodge. He States District Court in Boston, Boston College Law School and also was an Associate Professor was given to Mary M. Connolly its mission; personification of at Boston University School of '70, Executive Director of the humane professionalism over Law and a Visiting Professor Volunteer Lawyers Project in decades; and service as a role of Law at both Cornell and Boston. In this position, model to generations of Law Harvard Universities. In ad­ Connolly is responsible for School graduates. dition, he served as a law clerk developing and implementing Holland is one of only three for Judge Robert Braucher of innovative programs to attract individuals granted honorary the Massachusetts Supreme private attorneys to pro bono lifetime membership in the Judicial Court and for Warren work, as well as for community Alumni Association's leadership E. Burger, Chief Justice of the and Bar relations, hll1d raising, group, the Alumni Council. He United States Supreme Court. and grant management. was instrumental in establishing Coquillette holds a BA from Connolly, who holds a BA theAssociation's NelsonAlumni Williams College; B.A. and degree from Marygrove College Public Interest Law Award. M.A. degrees from Oxford in Detroit, Michigan, has been Holland continues to practice University, where he was a dedicated to public interest law law, serving as Of Counsel to Fulbright Scholar; and a ].D. from the time she received her the Boston firm of Lynch, from Harvard Law School. Boston College Law School Brewer, Hoffman & Sands. -

42 BOST ON COLLEGE LAW SCHOOL MAG AZINE Law School Alumni Gather Throughout the United States Office of Alumni Relations and Development Boston College Law School 885 Cenae Screet I BI oston College Law School information will be created, and Hampshire, and Philadelphia, Newton, MA 02159 alumni activiryaround the this fall the chapter would like Pennsylvania have held 617-552-4378 or 6 17-552-3734 country continues to be strong, to publish a guide to conducting gatherings in recent months. LAURENCE S. D UFFY as established regional chapters a job search in the Chicago area. On March 29, Dean Coquillette Direcror, Ex tern al Relations aresponsoringavarieryofevents, This publication will be made hosted a dinner at the Brazilian D ERORAH L. MACFAll Di rector, Law School Fund another chapter moves toward available to both Boston College Court Hotel for graduates official status, and graduates in Law School graduates and living in Palm Beach, Florida, CATHY L. D ERNONCOUR'I Direcror. Alumni Relat ions additional areas have held gath­ students. and the followi ng day, National TERRI ) . ARNELl enngs. A new alumni chapter to be Delegate William A. Fragetta Associate Direcroc. In New York Ciry, Rhode based in Southern California '82 hosted a reception for Alumni and Development Island, and Washington, DC, will be launched formally Miami-area alumni. The ap­ Alumni Council regional chapters have said a during the 1993-1994 aca­ proximately 70 graduates in LEO V. BoYIJ, '71 President formal farewell to Daniel R. demic year. Volunteers are greater Miami were well Coquillette, whose tenure as ).W. CARNEY, ) R. 78 needed to assist with start-up represen ted at the function at Vice President, Dean is concluding. Receptions activities, and this summer all the Bankers Club, where 35 Al umni Programs were held in his honor at the area alumni will receive a people were in attendance. On ) AMI;.o, ) . M ARCEll iNO '68 National Press Club 111 questionnaire asking them how April 16, Dean Coquillette Vice Pres ident, Communications

Washington on April 6 and at the chapter can best meet their visited with Philadelphia-area EDWARD A. SCHWARTZ '62 the Parker Meridien Hotel in needs. Individuals interested in Vice President, alumni during a luncheon held National Delgates Manhattan on May 6. Dean becoming involved with at the Philadelphia Hilton and DIANNE W,LKERSON '81 Coquillette also was the guest chapter planning in California Towers, and on May 19, Treasurer speaker at the Rhode Island are encouraged to contact the National Delegate Jerome H. ANN P AULY '85 chapter's spring luncheon Office ofAlumni Relations and Grossman '72 hostedanalumni Secretary meeting at the Biltmore Hotel reception at the Center of New Developmentat617-552-4378. Marie T. Buckley '76 in Providence on April 26. Though they are located in Hampshire Holiday Inn in Richard P. Campbell '74 Sylvia Chin-Caplan '84 During that meeting, alumni areas without official chapters, Manchester for alumni in that Colin A. Coleman '87 elected new chapter oftlcers, each alumni in Florida, New state . • W ilbur P. Edwards, Jr. '84 Reginald ) . C hiden '86 of whom will serve a two-year John ).e. Herlihy '49 term. They are William P. James F. Kavanaugh '77 Diane M. Kon myer '74 Robinson III '75, President; Elliott ) . Mahler '6 1 Susan A. Maze '85 Dennis]. Roberts '66 and Senator John Kerry '76 Discusses First Months Josephine McNeil '87 Patricia K. Rocha '82, Vice Parricia E. Muse '90 of Clinton Presidency with Law School Alumni Marjory D. Roberrson '82 Presidents; and Andrea Cor­ Barbara M. Senecal '82 Donna M. Shecry 75 coran '90, Secretary/T reasurer. Evelynne L. Swagerty '84 Chicago-area alumni are I I ore than 100 people gath- wealth. We need acountIythat Warren E. Tolman '86 M Edward L. T oro '82 planning events and new ered in the ballroom of iswillingtodowhat Bill Clinton Charles E. Walker '78 activities as well. On June 24, Boston's Hotel Meridien on is asking it to do - deal with Peter F. Zupkofska '76 graduates and current Boston March 8 for an alumni lun­ realiry. Can government have Honorary Ufe Member College law students with cheon featuring United States an impact on speeding the Daniel C. Holland '44 summer positions in Chicago Senator JohnF. Kerry '76 as the process of change, and can Immediate Past President Paul C. Garrity '62 are invited to a social gathering guest speaker. They came to government create a framework at a local music club. In hear Kerry's perspective on the for the private sector? I believe National Delegates Jerome H. C rossman '72 September, alumni plan to get early months of the Clinton emphatically, yes." Rochester, New Hampshire together for the Boston College presidential administration. Kerry added, "Americans are Karen C. Del Ponte '83 v. Northwestern University Kerry primarily discussed the not going to be patient, bur I Providence, Rhode Island football game, and planning country's present economic think we have a Congress that is Robert T. Tobin '64 also is underway for a late-fall situation, past and future trends, ready to work. We feel the New York, New York event welcoming Aviam Soifer and President Clinton's plans to pressure, and we want to Carroll E. Dubuc '62 as the new Dean of Boston address domestic problems. deliver." Washington, DC College Law School. In the Kerry stated, "We are not alone After his formal remarks, William A. Fragetta '82 Miami -J Florida meantime, the chapter has in our problems; there is a Kerry responded to questions established a networking worldwide recession, and other from alumni. They raised issues Christopher W. Zadina '82 C hicago, minois committee which is collecting countries may take even longer ranging from political campaign Camill e K. Fong '82 career information from area to get out of it. We have to get financing reform and term Sa n Francisco, California graduates. A database of this back to the business of growing (continued on page 44)

BOSTON CO LLEGE LAW SC HOOL MAGA Z INE 43 Alumni Support Brings Experience, Success for Students News o/your professionaL activi­ ties is weLcomed for both the Bos­ ton CoLLege Law SchooL NewsLet­ I BI oston College Law '70, also enhances the funding sources beyond those provided School's alumni-sup- for the oral advocacy program. by Boston College are par­ ter and Boston CoLlege Law School Magazine. Please send aLL items ported oral advocacy program Halstrom'ssupportisspecifically ticularly important when the to Amy S. DerBedrosian, Boston had a successful year in 1993, for the Law School's moot court Law School teams are successfUl, 885 wi th two teams winning regional competition, and the national as travel-related expenses are College Law Schoo!, Centre Street, Newton, A1A 02159 or competitions and advancing to moot court team has been incurred when the students caLL her at 617-552-3935. the national finals. In addition, named in his honor. move beyond the local the Law School's administrative Addi tional financial re- competitions. - law moot court team was recog­ nized at the national level for 05 best respondent's brief. 194 First-year students Susan ]. Alumni Association Awards Scholarships Boston College Law School Nock and Heather L. Hayes Professor Emeritus EMIL went on to the national client SUZEWSKI '43 recen tly received counseling competition in I EI ach year, the Boston Col- examination expenses. an Award ofExcellence in Edu­ North Carolina after surpassing lege Law School Alumni Recipients of the Alumni cation from the Boston College all others in the regional event. Association awards nine $1 ,000 Association scholarships for Alumni Association. At the national level, they scholarships to current law stu­ 1993 are, from the Class of performed admirably against dents in recognition of these 1993, John N. Affuso, Gladis other law schools' teams of students' academic achieve­ Camilien, and Lisa Hirai; from primarily third-year students. ment, financial need, and ser­ the Class of 1994, Annabelle 19505 Also successful in oral vice to the Law School or larger Berrios, Kyle A. Bettigole, and The Honorable SHANE DEVINE advocacy were Christine community. First- and second­ Jeffrey N . Catalano; and from '52 of the United States Dis­ Conley, Michael C. Koffman, year students are given a credit the Class of 1995, John W . trict Court of New Hamp­ and Nadine Nasser, winners of in the scholarship amount to­ Dinneen, Aisha T. Jorge, and shire accepted senior status in the New England regional mock ward their annual tuition, and Denise A. Pelletier. Each of 1992. He had served as Chief trial competition. Conley also third-year students receive a these students was recognized Judge since 1979. won the prize for best oral check which may be used to during the Alumni Associ­ advocate. A second Boston cover Bar review course or Bar ation's Law Day celebration. - In April, JOHN J. CURTIN JR. College Law School team of '57 was honored as the recipi­ Glenn Israel, Marianne C . ent of the William V. McKen­ LeBlanc, andJoshuaM. Thayer ney Award given by the Boston advanced to the semi-final Law School Recognizes Leadership Donors College Alumni Association. round in the regional compe­ He is a partner in the Boston tition, placing fourth overall. law firm of Bingham, Dana & These students and others III n recent months, Boston The second leadership event Gould. who participated in the Law L!J College Law School has of 1993 took place on April 27. THOMAS P. SALMON '57 has School's mock trial, nego­ held two major even ts recogniz­ Donorsof$5,000 or more were been appointed to a five-year tiations, and several moot court ing its most generous support­ invited to a formal Dean's term as President of the Uni­ competitions benefitted from ers, individuals whose annual Council dinner held at the versity of Vermont, where he the support made possible leadership commitments merit Tavern Club in Boston. - had been Interim President for through the William E. and membership in The Dean's more than a year. Earlier in his Carol G . Simon Oral Advo­ Council. In February, nearly 100 career, Salmon served as Gov­ cacy Program, named fot the alumni and friends who con­ ernor ofVermont and as Presi­ parents of William E. Simon tributed $1,000 or more at­ Kerry (continued ftom page 43) dent of the New England Jr. '82. The Simon family's tended a Dean's Council recep­ Board of Higher Education. generosity helps to augment tion at the newly restored Old limits for elected officials to available funding for oral State House in Boston. As part United States immigration and advocacy and also enables the of the evening's program, Bos­ drug enforcement policies. Law School to recognize its ton College Law School Dean Kerry's presentation was part student teams during an annual Daniel R. Coquillette spoke o fan ongoingseries of luncheon banquet. about the building's historical programs which are held in HERBERT H. HODOS '63 has Another Law School alum­ significance, and guests were able Boston and feature faculty and been nominated to serve as an nus and former moot court team to tour a special exhibit on land­ prominent alumni as guest associate justice of the member, Frederic N. Halstrom mark court cases. speakers. - Greenfield District Court in

44 BOSTON COLLEGE LAW SCHOOL MAGAZINE Massachusetts. He had been a Systems, Inc. in Billerica, Mas­ United States Justice Depart­ attorney with Thinking Ma­ partner in the Greenfield law sachusetts. ment's New England Bank chines Corp. in Cambridge, firm of Levy-Winer. Fraud Task Force since July Massachusetts. and earlier was an Assis­ DANlELJ.JOHNEDIS '63 is now 1992 tant United States Attorney in practicing law with the Boston 1970s the Criminal Departmen t ofthe firm of Roche, Carens & Economic Crimes Division. DeGiacomo. Hepreviouslywas RICHARD C. HACKNEY, JR. '71 Chief Staff Counsel with the JAMES D. BRUNO '78 is First In April, ROBERT J. AMBROGI has formed the Baltimore, Mary­ Massachusetts SupremeJudicial Vice President with Shearson '80 became co-editor ofLawyers land investment management Court. Lehman Brothers in Traverse Weekly USA, a new national bi­ firm of Hackney Capital Man­ City, Michigan. He had been a weekly newspaper. Ambrogi STEPHEN J. PARIS '63 has been agement, L.P., which becomes senior financial consultant with also recently received the elected chairman ofthe Defense one of the approximately 170 Merrill Lynch & Company in President's Award from the Research Institute, the nation's minority and woman-owned Farmington Hills, Michigan. Massachusetts Bar Association largest association ofdefense trial businesses of this type in the in recognition of his service to lawyers. Paris is a managing part­ RALPHJ. CINQUEGRANA '78 has United States. Hackney previ­ the state's legal community as ner at Morrison, Mahoney & beecome Chief Trial Counsel ously was President of Alex. editor of Massachusetts Lawyers with the Suffolk County Dis­ Miller in Boston. Brown & Sons, Inc.'s Flag In­ Weekly. trict Attorney's Office in Bos­ THOMAS J. MUNDY JR. '64 re­ vestors Emerging Growth ton. He previously was a Assis­ PAUL BARBADORO '80 has been cently received the first annual Fund, also based in Baltimore. tant United States Attorney, also named a United States District Governor's Award for Prose­ ROBERT E. SCHABERG '71 has in Boston. Court judge in New Hamp­ cutorial Excellence and Out­ been named chairman of the shire. Previously, he was a part­ standing Achievement in Mas­ MAUREEN L. Fox '78 has her litigation department of ner in the law firm of Rath, sachusetts. He is Chief Felony own law practice in Concord, Shartsis, Friese & Ginsburg, a Young, Pignatelli and Oyer in Trial Counsel for the Suffolk Massachusetts. San Francisco, California law Concord, New Hampshire. County District Attorney's Of­ firm. He focuses his practice on ALAN R. HOLlANDER '78 has ROBERT EVERETT BOSTROM '80 fice. securities fraud, antitrust, finan­ become President of L WT has joined National West­ JOSEPH J. REARDON is now cial institutions, and insurance Capital Management in Bos­ '64 minster Bancorp in New York an associate justice of the coverage litigation. ton. He previously practiced law City as General Counsel and Barnstable (MA) Division ofthe with Brown Rudnick Freed & MARCIA A. LURENSKY '73 cur­ Executive Vice President. He is Trial Court. He previously was Gesmer in Boston. rently practices law with the responsible for the legal and a partner in the Hyannis, Mas­ Federal Energy Regulatory LINDA S. KATZ '78 has joined regulatory affairs of Nat West sachusetts law firm of Reardon Commission in Washington, Rhode Island Legal Services in Bancorp, the bank holding & Thomas. DC. She had been with the Providence. She previously was company, and its subsidiary RICHARD G. KOTARBA '66 is United States Department of with Rhode Island Protection banks, N ational Westminster among the real estate lawyers Labor, also in Washington. and Advocacy, also in Provi­ Bank USA and National listed in the publication The NICOLETTE M. PACH '73 is now dence. Westminster Bank NJ. Earlier, Best Lawyers in America. He is Deputy Town Attorney in Hun­ MICHAEL E. O'NEIlL '78 has he had been a partner in the chairman of the commercial tington, New York. She previ­ become a partner with the New York office of the law firm law and real estate sections of ously practiced law with the Rochester, New York firm of of Winston & Strawn. Meyer, Unkovic&Scott,aPitts­ Suffolk County Attorney's Of­ Phillips, Lytle, Hitchcock, JOSEPH L. HERN '80 has opened burgh, Pennsylvania law firm. fice in Hauppauge, New York. Blaine & Huber. a law office in Boston. He had ROBERT C. SUDMYER '73 has been an associate with the law DAVID H. CHAIFETZ '68 has be­ MncHELLE. RUDIN '78 recen tly become a partner in the Worces­ firm of Sullivan & Worcester, come Vice President, General was honored by the Real Estate ter, Massachusetts office of the also in Boston. Counsel, and Secretary of Board of New York for his phi­ law firm ofBowditch & Dewey. Praxair, Inc. in Danbury, Con­ Ian thropy, professional achieve­ FRADIQUE ROCHA '80 is now necticut. Hehad been Vice Presi­ KENNETH A. WOLFE '73 is now ment, and service to the city. General Counsel for the Boston dent and General Counsel with President of the management The recipient of the Young Real Housing Authority. He previ­ Union Carbide Corporation, consulting firm of Organiza­ Estate Man of the Year Award is ously had his own law firm and also in Danbury. tional Development Concepts Senior Managing Director of practiced in both Boston and in Malvern, Pennsylvania. the Edward S. Gordon Com­ New Bedford, Massachusetts. STEPHEN S. LEwENBERG '68 is pany, Inc. now affiliated with the Boston MARGARET R. HINKLE '77 re­ Massachusetts State Senator law firm of Lewenberg & Korf. cently was nominated to the ROBERTJ. SCHILLER'78 is now DIANNE WILKERSON '81 spoke Previously, he was SeniorCoun­ Massachusetts Superior Court. a consultant based in Somerville, about women in politics at a sel with Bull HN Information She had been director of the Massachusetts. He had been an luncheon meeting of the Na-

BOSTOr-.: COLLEGE lAW SCHOOL MAGAZINE 45 tional Conference of Women's appointed Regional Vice Presi­ firm . He previously was with He practices in the areas ofcom­ Bar Associations held as part of dent of the Las Vegas, Nevada the Boston law firm of Dechert mercial and construction litiga­ the American Bar Association's office of the American Arbitra­ Price & Rhoads. tion. mid-winter meeting in Boston. tion Association. He had been LYMAN G. BULLARD JR. '84 has DARRELL MOOK '85 has become STEVEN H. WRIGHT '81 has been Mediation Coordinator for the been named a partner in the a partner in the Boston law firm named Assistant Legal Counsel organization's San Diego, Cali­ Boston law firm ofChoate, Hall of Burns & Levinson. fornia office. to New York City Mayor David & Stewart. MARGARET J. PALLADINO '85 has Dinkins. MICHAEL F. COYNE '83 has be­ JOSEPH G. BUTIER '84 has been been elected a member of AMEu PADRON-FRAGETTA '82 come Vice President and Assis­ elected a shareholder of Barron Sherburne, Powers & Need­ recently became a traffic magis­ tant General Counsel at Chemi­ & Stadfeld, P.C in Boston. He ham, P.C in Boston. Her law trate in the County Court ofthe cal Bank in New York City. He is a member of the law firm 's practice focuses on commercial 11 th Judicial Circuit in Dade had been with the law firm of bankruptcy department. and contract disputes, distribu­ Rogers & Wells, also in New County, Florida. She also is serv­ SYLVIA CHIN-CAPLAN '84 re­ tor relations, construction York City. ing as President of the Dade cently became Assistant Gen­ claims, and commercial lease County Chapter of the Florida BARRY E. GOLD '83 has joined eral Counsel for Children's litigation. Association for Women Law­ the Boston law firm of Conn, Hospital in Boston. She previ­ JOHN W. SAGASER '86 has be­ yers and as a member of the Kavanaugh, Rosenthal & Peisch ously was a lawyer with Thomas come associated with the Bos­ Florida Bar Grievance Com­ as a partner. He will continue to Kiley & Associates in Boston. ton law fim of Conn, mittee and the Florida Bar practice in the areas ofcorporate CAROLE C. GaRl '84 has been Kavanaugh, Rosenthal & Professional Ethics Committee. and securities law. Gold for­ elected ashareholder in the Pitts­ Peisch, where he is practicing in merly was a partner with Burns DANIEL F. POLSENBERG '82 is burgh, Pennsylvania law firm of the area of general civil litiga­ & Levinson, also in Boston. the new President of the Clark Buchanan Ingersoll. She is a tion. He previously was with County Bar Association located FREDERIC D. GRANT JR. '83 is a member ofthe firm's Corporate Ropes & Gray in Boston. in Las Vegas, Nevada. He is a partner in the newly formed Finance Group. MARy ANNE BRODERICK HALL shareholder in Beckley, Single­ Boston law firm of Grant & '87 has joined theAtlanta, Geor­ MICHAEL P. MALLOY '84 has ton, De Lanoy, Jemison & List, Kaplan. He previously was Gen­ gia office of Schnader, Har­ Chtd. He is a member ofthe law eral Counsel with Callaway become a partner in the law firm of Drinker Biddle & Reath. He rison, Segal & Lewis as an as­ firm's Special Litigation Unit. Cars, Inc. is located in the Philadelphia, sociate. GEORGE S. PULTZ '82 is now ALBERT A. NOTINI '83 has be­ Pennsylvania office. DAVID S. NEWMAN '87 is now Vice President, General Coun­ come a senior partner with the LISA C. WOOD '84 recently was with the Office of the Legal sel, and Secretaty of Robertson­ Boston law firm of Hale and elected a senior partner in the Advisor of the United States Ceco Corporation in Boston. DOff. He is a member of the Department of State in Wash­ He previously served as Associ­ bankruptcy and commercial Li tigation Departmen t of Nutter, McClennen & Fish, a ington, DC He had been a trial ate General Counsel and Assis­ law department. attorney with the United States tant Secretatywith MNCOM, Boston law firm. CHERYL A. SALDEN '83 is an Department of Justice, also in Inc. attorney with Shawmut Bank, JEAN-CHARLES DIBBS '85 is now Washington. a partner in the Miami, Florida MICHAEL S. BENJAMIN '83 has N.A. in Boston. Earlier, she was law firm of Shutts & Bowen. STILLWELL '88 has been named a vice president associated with the law firm of GARLAND H. He continues to specialize in co-authored an article titled with Meditrust in Waltham, Loventhal & Hantz in Braintree, real estate and corporate law as "Water Quality: Stormy Water Massachusetts, where he also Massachusetts. continues to serve as General well as the representation offor­ Management," which will be SHEILA F. G. SCHWARTZ '83 is eign investors in Florida. published in the University of Counsel. now a clinical social worker and SCOTT A. FAUST '85 has become Baltimore Journal of Environ­ KELVIN H. CHIN '83 has been divorce mediator based III a partner in the Boston law firm mental Law. The article focuses Needham, Massachusetts. on the implementation of the of Choate, Hall & Stewart. JOSEPH G. WALSH '83 has been National Pollutant Discharge named a partner in the Con­ JOSEPH M. HAMILTON '85 is Elimination System permit pro­ necticut law firm of Cohen and now a partner in the Worcester, gram. In Memoriam Massachusetts law firm of Wolf, P.C He practices per­ Mirick, O'Connell, DeMallie JANET V. LANIGAN '89 is associ­ sonal injury, commercial, and ated with the Washington, DC JAMES V. DOOUN '40 criminal litigation in the firm's & Lougee. He practices insur­ ance, property, and business law. law firm ofBaker, Worthington, ARTHUR T. M OYNIHAN '58 Danbuty office. Crossley, Stansberry & Woolf, COUN W. GIlliS '59 ERlcG. WOODBURy'83 recently MARK C. MICHALOWSKl '85 re­ where she practices in the area of was named a vice president at cently was elected a member of corporate litigation. She previ­ Eaton Vance Management, a Sherburne, Powers & Need­ ously was with Rath & Young Boston investmen t advisory ham, P.C, a Boston law firm. in Concord, New Hampshire.

46 BOSTON COLLEGE LAW SCHOOL ~1AGAZINE JOHN K. THORNTON '89 has Faculty Publications 1991-1992 (continued from Page 41) joined the Boston law firm of Warner & Stackpole as an asso­ ciate. He previouslywas an asso­ panies Be Allowed to Own?," in With Katharine McCarty and ROGERS, JAMES STEVEN 67 Indiana Law journal 251 Philip R. Reilly. "A Survey of ciate with Skadden, Arps, Slate, "An Overview of the Current (1992). State Insurance Commission­ Meagher & Flom. Project to Revise UCC Article "U.S. ResuucturingLegislation: ers Concerning Genetic Test­ 8," in UCC Bulletin 1 (1992). Revising the International Bank­ ing and Life Insurance," in 51 1990s ingActofl978,forthe Worse?," The American journal of Hu­ in 60 Fordham Law Review S37 man Genetics 785 (1992). SMITH, ROBERT H. STACIA. CERRATO '91 has joined (1992). "J ustice Souter Joins the the Wellesley, Massach usetts law Rehnquist Court: An Empiri­ Remarks on "The Teaching of PlATER, ZYGMUNT J.B. firm of Keefe & Associates. cal Study of Supreme Court International Law - Future With Robert H. Abrams and Voting Patterns," in 41 TheUni­ CHARLES N. LYNCH, JR. '91 is Role for Training Scholars and William Goldfarb. Teacher's now an associate in the Boston Practitioners and in Develop­ versity ofKansas Law Review 10 Manual, To Accompany Envi­ (1992). law firm of Parker, Coulter, ing International Legal Prin­ ronmental Law and Policy: Na­ Daley & White. ciples," in Contemporary Inter­ ture, Law, and Society. St. Paul, national Law Issues: Sharing MATTHEW L. SCHEMMEL '91 re­ Minn.: West Publishing, 1992. TREMBlAY, PAUL R. Pan-European and American cently received the degree of With Robert H . Abrams and "Rebellious Lawyering, Regnant Master of European Commu­ Perspectives: Proceedings of the William Goldfarb. Supplemen­ Lawyering, and Street-Level nity Laws from the University joint Conference held in The tary Manual, For Teaching En­ Bureaucracy," in 43 Hastings of London. Hague, The Netherlands,fuly 4- july 6, 1991, edited by The vironmental Law and Policy: Law journal 947 (1992). DOUGLAS CLAPP Nature, Law, and Society as a W. '92 has American Society of Interna­ "A Tragic View of Poverty Law First Law Course. St. Paul, joined the Boston law firm of tional Law. Boston: Martinus Practice," in 1 The District of Sherburne, Powers & Needham Nijhoffpublishers, 1992. Minn.: West Publishing, 1992. Columbia Law Review 123 as an associate. "Introduction" and "Part One: (1992). MICHAEL SCINTO '92 has be­ IOSCO's Harmonization Work REPETTI, JAMES R. come an associate in the in the Field of Capital Ad­ Woodbridge, New Jersey law "Corporate Governance and YEN, ALFRED C. equacy," in Cairo Conference: Stockholder Abdication: Miss­ firm of Wilentz, Goldman & "Advice for the Beginning Legal Interim Report ofthe Committee ingFactors in Tax Policy Analy­ Spitzer. Scholar," in 38 Loyola Law Re­ on International Securities Regu­ sis," in 67 Notre Dame Law view 95 (1992). ANDREW M. SPANGLER '92 has lation. International Law Asso­ Review 971 (1992). joined the Chicago, Illinois of­ ciation, 1992. 'The Legacy of Feist. The Con­ "Long-Term Capital Gains, The fice of the law firm Jenner & sequences of a Weak Connec­ Long-Term Perspective and Block as an associate. tion Between Copyright and the McEWEN, JEAN E. Corporate Productivity," in The Economics of Public Goods," TAMARA LEE WILKERSON '92 is Capital Gains Controversy: A With Philip R. Reilly. "State in 52 Ohio State Law journal now an associate with the Bos­ Tax Analysts Reader, edited by ton firm of Smith, Duggan & Legislative Efforts to Regulate 1343 (1991). Use and Potential Misuse of J. Andrew Hoerner. Arlington, Johnson. _ "Interdisciplinary Future of GeneticInformation," in51 The VA: Tax Analysts, 1992. Copyright Theory," in 10 American journal of Human Cardozo Arts 6- Entertainment Genetics 637(1992). Law journal 423 (1992). _

BOSTON COLLEGE LAW SCHOOL MAGAZINE 47 REMEMBER BOSTON COLLEGE LAw SCHOOL

An education is nothing less than a gift for life. You can renew that gift beyond your own lifetime.

By REMEMBERING BOSTON COLLEGE LAw SCHOOL IN YOUR WILL, you can celebrate the past and endow the future. By joining the many alumni and friends who have made bequests to the Law School, you can perpetuate a tradition of excellence in legal education and at the same time commemorate a family name in a distinctive manner.

Donald W. Northrup, Executive Account Manager for Private Banking at the Bank of Boston and a member of the Law School's Class of 1966, is a founding member of The Joseph Coolidge Shaw Society for the Endowment of Boston College, which was established to honor alumni and friends who have made bequest provisions. As Northrup explains, "Time, talent, and money are ingredients that are very helpful contributions to Boston College Law School during your lifetime. They are ways of giving back what you have received and enriching your personal and professional life. An easy way to continue much needed support beyond your lifetime is to make a

bequest that will remember Boston College Law School and all it has done for you." Donald W. Northrup '66

As the Law School seeks to secure its future, there is an unprecedented opportunity to fully participate in a noble and ambitious undertaking and to enjoy the benefits of Shaw Society membership.

Renew the gift. Remember Boston College Law School in your estate plans.

For more information on how to remember Boston College Law School and join the Shaw Society, please write or call Larry Duffi at Boston College Law School 885 Centre Street, Newton, MA 02159 (617-5524413), or Mary Beth Martin in the Office ofPkmned Giving, Boston College, More Hall, Chestnut Hill, MA 02167 (617-552-3423).

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