BC Law Magazine Spring/Summer 2008 Boston College Law School

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Boston College Law School Magazine

4-1-2008 BC Law Magazine Spring/Summer 2008 Boston College Law School

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This Magazine is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Magazine by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. A STEELY MEGA-DEAL | LAB TRIUMPHANT AT 40 | THE INDOMITABLE MEL ROBBINS

BOSTON COLLEGE LAW SCHOOL MAGAZINE | SPRING / SUMMER 2008

PSowertar Hollywood’s Patric Verrone Symbols of Summer The Boston Garden swan boats are a perennial attraction. Contents

SPRING / SUMMER 2008 VOLUME 16 | NUMBER 2

DEPARTMENTS 2 In Limine 3 Behind the Columns 4 In Brief 10 Gallery 12 Point of View 13 Legal Currents EMPOWERING EUROPE’S CENTRAL BANK 20 A question of authority THE OLD CHURCH-STATE DEBATE

ROB DUNLAVEY Religion’s role in elections UNSHEATHING A SECRET WEAPON Statistics and racial profiling FEATURES 30 Faculty SCHOLAR’S FORUM 16 Writing Wrongs A new view of tax relations Guild West President Patric Verrone ’84 PROFILE: James Repetti ’80 leads striking screenwriters to historic victory BENCHMARKS By Vicki Sanders ACADEMIC VITAE 38 Esquire 20 Nerves of Steel ALUMNI NEWS Mark Leddy ’71 helped assemble an CLASS NOTES international mega-deal of daring gambits, deft defenses, and steely resolve 54 Commencement By Chad Konecky 55 Reunion Giving Report 24 Seeking Justice, One 60 In Closing Tough Case at at Time Though the BC Legal Assistance Bureau is turning forty, its lessons in advocating for the poor never grow old By Jeri Zeder

On the Cover: Photo by Kevin Scanlon 42 KATRINA WITTKAMP

SPRING / SUMMER 2008 | BC LAW MAGAZINE 1 STEVE DUNWELL [ I N L IMINE]

SPRING/SUMMER 2008 Growing Pains VOLUME 16 NUMBER 2 Dean John H. Garvey

Community emerges stronger, smarter Editor in Chief Vicki Sanders ([email protected]) t has been interesting—and sometimes painful—to observe over the past year the Law School’s growth spurt, a surge in energy unlike any Art Director Ichronicled in the pages of this magazine in the last decade. The period Annette Trivette was filled with challenges of all sorts, among them upset and ultimately widespread acceptance of changes to the alumni association; heated de- Contributing Editor bate over the choice of commencement speaker Attorney General Michael Deborah J. Wakefield Mukasey; the decision to join a Boston College capital campaign by com- mitting to raise $50 million for the Law School; preparations to launch an Contributing Writers online community with historic alumni networking capabilities; and reex- Christine Bang ’10 amination of policies over such things as law review membership and Steven Blau ’08 awarding the Founder’s Medal. Jane Roy Brown As is often the case with change, the various tests of mettle, courage, Natalie Engler and communications that many people endured have positively altered Chad Konecky how the school relates to alumni, faculty, and students—and vice versa. April Otterberg ’06 Some examples: There will be more faculty and student involvement in Tracey Palmer the selection of commencement speakers in the future (see related stories Judy Rakowsky Pages 3 and 4), and law reviews will be staffed by more diverse student David Reich editors (see story Page 5). As part of the alumni association restructuring, Jesse Stellato ’08 a broader group of graduates will lead and populate nearly a dozen com- Jane Whitehead mittees on admissions, career services, annual giving, advocacy programs, regional chapters, and the like, all of which will be held to new Melissa Whitney standards of responsibility and accountability (see story Page 41). Jeri Zeder Scholarship dollars are up, admissions recruitment efforts are Photographers expanding, and public interest liaisons are being identified in each chapter to mentor students interested in such careers. The Business Suzi Camarata Advisory Council is actively reshaping the business law curriculum Kevin Scanlon

TIFFANY WILDING-WHITE (see story Page 39). By unanimous vote, the Board of Overseers Charles Gauthier committed itself to helping raise $50 million by 2013 with strategic Justin Allardyce Knight emphasis on faculty hiring and research, the LL.M. program, and loan Jason Liu repayment assistance, among other initiatives (see story Page 40). Tim Morse These many transformations and transitions are not surprising when Dana Smith one remembers that a future-facing posture is part of BC Law’s heritage. It is evident in the achievements of Patric Verrone ’84. His insights into Design & Printing the impact of new media on the fortunes of screenwriters inspired one of Imperial Company recent history’s most successful union strikes and will have ramifications Boston College Law School of for decades to come (see story Page 16). The Legal Assistance Bureau, Newton, Massachusetts 02459-1163, begun forty years ago, continues to pioneer new programs and methods publishes BC Law Magazine two times a year: in January and June. BC Law in clinical study (see story Page 24). And few lawyers today are as far out Magazine is printed by Imperial Company in front of global transactions as is Mark Leddy ’71, who was integral in West Lebanon, NH. We welcome to a steel industry deal of epic proportions (see story Page 20). readers’ comments. Contact us by phone at 617-552-2873; by mail at Boston Not yet a decade into the twenty-first century, BC Law is behaving College Law School, Barat House, 885 very much like a law school of the times. Centre Street, Newton, MA 02459-1163; or by email at [email protected]. Copy- Vicki Sanders right © 2008, Boston College Law Editor in Chief School. All publication rights reserved. Opinions expressed in BC Law Magazine do not necessarily reflect the views of Boston College Law School or Boston College.

2 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ B EHIND THE C OLUMNS]

Academic Freedom

The Commencement Challenge

by Dean John Garvey

his year we invited Michael Mukasey, the Attorney General of the United States, to be our commencement speaker. Mukasey used to be the Chief Judge of the Southern District of New York and was, by some accounts, the best federal trial judge in the country. His presence at commencement Twas intended to solemnize the occasion. And be- time.) They felt that it was wrong for the Law cause he has given years of public service in high School to invite him, because our invitation could offices in the executive and judicial branches, he be understood as an endorsement of a position he would be an example of aspiration and achievement stood for in the public mind. Let us call this the for our graduates (see stories Pages 4 and 45). endorsement effect. It is an objection to our mes- Not everyone saw it that way. After Congress sage, not the speaker’s. Barack Obama declined to held hearings in late January on the treatment of invite the Reverend Jeremiah Wright to speak at his detainees in the war on terror, we heard complaints campaign kickoff because he was worried about the from some alumni and students. A number of facul- endorsement effect. He wasn’t afraid that Wright ty wrote the Attorney General urging him not to would persuade his audience. He was concerned come. They felt that he had become a symbol for that the invitation would reflect badly on him as a practices, like waterboarding, that were immoral presidential candidate. I think there is force to the and illegal, and that it was improper for us to hold claim that disinviting a commencement speaker does him up for emulation. This letter drew approving not violate academic freedom if the reason is a con- notices in the Boston Globe. The Wall St. Journal, cern about the endorsement effect, rather than the on the other hand, condemned it as a denial of persuasion effect. academic freedom and a left-wing version of Nor is it right for the Journal to suggest that only thought control. the left is concerned about the endorsement effect. Was it? I am on the opposite side of this matter When we have a commencement speaker who is from the objecting faculty, but I think this criticism pro-choice, people in the pro-life movement object is unfair. One reason to censor speech is the fear that we are endorsing values inconsistent with the that a speaker may persuade his audience to accept mission of a Jesuit, Catholic university. For at least his point of view. Let us call this the persuasion the last decade, and maybe longer, demonstrations effect. Milton, Mill, and other proponents of the and critical letters, blogs, and emails have been the free market of ideas argue that we should never norm around every graduation ceremony at the Law silence a speaker because we fear the School. The objections, from both persuasion effect. The best test of sides of the political spectrum, are truth is its power to find acceptance similar in form: By conferring honors in the market. If we have a better on our speakers, we endorse the idea, let us put it out there too, and positions they stand for. let our audience decide. Of course, there are a number of But the Attorney General’s oppo- wrinkles and qualifications in this nents on the faculty did not object to idea. One concerns the inherent what he might say. (In their letter vagueness of symbolic acts. Justice they invited him to come some other (continued on page 49) JUSTIN ALLARDYCE KNIGHT

SPRING / SUMMER 2008 | BC LAW MAGAZINE 3 [ I N B RIEF] CAMPUS NEWS & EVENTS OF NOTE

It’s in the Bag

1L SURVIVAL KITS A DIGEST TRADITION

very fall for the past fifteen or so, the sympa- Ethetic souls who edit the Uniform Commercial Code Reporter–Digest have taken it upon themselves to do a little something nice for 1Ls facing the first finals of their Law School career. It’s quite a job assembling the Law School Fund-sponsored 1L Survival Kits, bursting sacks of legal pads, candy, highlighters, pens, sticky notes, water bottles, coupons, and baked goods, everything intended to ease the stresses of test time. Indeed, it took about twenty-five Digest staff weeks to collect all the donated goodies and one mas- sive marathon session to stuff the 280 canvas bags. Needless to say, the 1Ls gave the Digest Third-year Digest editors (l-r) Matthew Prasse, Nathan Mitchell, and Erik Crocker atop the heap of goodie bags intended to help 1Ls survive final exams. crew an A+ for their efforts. TIM MORSE

Mukasey Stirred Debate

SELECTION AS COMMENCEMENT SPEAKER CONTESTED

he choice of Attorney cent of respondents supported Justice; and Wendy Kaminer, Law School, was a chief judge General Michael Muka- having Mukasey speak, 43 per- lawyer, social critic, and author at the US District Court for the Tsey as the Law School’s cent did not, 7 percent were of Free for All: Defending Lib- Southern District of New York, 2008 commencement speaker undecided), and BC Law and erty in America Today. an assistant US attorney, and a stirred controversy on campus the American Constitution Among the outcomes of the member of the law firm Patter- this spring, in large part Society cosponsored a panel campus-wide discourse was a son, Belknap, Webb & Tyler because of his role in an discussion, “Discussing Tor- change to the policy of present- before becoming attorney gen- administration that has coun- ture: Law, Policy, and Debate.” ing commencement speakers eral. He has been criticized for tenanced the torture tactic The panelists were Sharon Kel- with the Founders Medal, the not condemning waterboarding waterboarding. ly, director of Human Rights Law School’s highest honor, in during his Congressional con- In March, faculty petitioned First’s Elect to End Torture ’08 order to avoid controversy in the firmation hearing. for Mukasey’s withdrawal campaign; adjunct professor future. Starting with Mukasey, (For related stories, see from the event, students con- Allan Ryan, former director of the medal will no longer be Behind the Columns on Page 3 ducted surveys to measure the the Office of Special Investiga- bestowed on the speaker. and Commencement photos on community’s reaction (50 per- tions at the US Department of Mukasey, a graduate of Yale Page 54.)

4 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ I N B RIEF] Law Review Selection Revamped

NEW MEMBERSHIP POLICY INVITES DIVERSITY

s a result of a year-long reliance on grades for member- tutional barriers to anyone in ple, to match up students who study, the Law School ship on the Boston College the student body. express a compelling interest in Athis past spring changed Law Review, and its actual The resulting selection a specific journal’s subject mat- its policy on how students are exclusion of grades for mem- process, approved by the facul- ter or who present a perspective chosen to serve on the Boston bership on the specialty ty in March, stipulates that the that the editors feel will bring a College Law Review and the reviews. Most of the other students achieving the five distinctive voice to the member- specialty reviews. The question schools also had in place a highest GPAs in each section ship. Any student who is not of membership selection arose structural method through and the five highest scores on selected for a review staff at the when some minority students which to address membership the writing competition (based end of first year may write a pointed out that the existing diversity issues. on a memo and a Bluebook note under faculty guidance, policy significantly under- With this in mind, the com- exercise) will be invited to join and if the note is selected for selected students of color. mittee broadened its inquiry the review of their choice. publication, its writer will The nine-member Publica- into a full-scale review of the The remaining slots will be become a member of that tions Committee, chaired school’s journal selection poli- filled by students with the high- review’s editorial board in his by Professor Frank Garcia, cy, the goal being to craft a est scores derived from an or her third year. researched the selection process- policy that selected students equation that takes into The committee will monitor es of other law reviews and possessing the qualities most account GPA, writing competi- the process over the course of found that BC Law’s policy was needed for the successful oper- tion score, and the score on a the next three years to insure markedly out of step, both with ation of academic journals, personal statement that the edi- that the new policy meets the respect to its virtually exclusive and one that imposed no insti- tors in chief can use, for exam- goals it was created to achieve.

COMING SOON TO A COMPUTER NEAR YOU

The most powerful alumni network- BC Lawnet is being tailored specifically to serve the ing tool in BC Law’s history is sched- Law School’s needs and is a separate community from the uled to launch soon, and it will offer one set up recently for Boston College graduates. graduates who sign onto the system Be on the lookout for further communications about unprecedented access to fellow mem- how to join. bers of the Law School community. BC Lawnet Designed by the internet services company HarrisConnect, BC Lawnet is essentially a comprehensive database search engine that will enable alum- MY PROFILE CAREER ni registered on the site to avail themselves of certain Law PAGE RESOURCES School services as well as to find and connect with their colleagues in a variety of ways. Alumni will be searchable by class year, professional specialty, geography, interests (did you work in LAB, edit a law review, belong to JLSA?), chapter affiliation, and the like. CHAPTERS CLASS NOTES Participants will also be able to submit class notes, register for events online, access calendars, and receive customized emails pertaining to their specified areas of interest. A second, critical part of the new system, which will launch shortly after the general BC Lawnet site, is the DIRECTORY EVENTS Alumni Career Network. Alumni will be able to sign up as mentors, find alumni to help in their career search, and make or receive professional referrals. DAVE EMBER

SPRING / SUMMER 2008 | BC LAW MAGAZINE 5 [ I N B RIEF]

IMMIGRATIONR At Last, Out of the Shadows

ALUMNA, BC LAW IMMIGRATION EXPERTS CLEAR 9/11 VICTIMS’ HURDLE

n what BC Law Professor were able to receive compensa- victory for the families, though they have faces and names.” Dan Kanstroom describes tion from the September 11 still an incomplete one,” Stewart A. Baker, an assis- I as “a tremendous, though Fund, many have been unable Kanstroom said. “And, of tant secretary in the Depart- still incomplete, victory,” feder- to obtain legal status, leaving course, there remain many oth- ment of Homeland Security, al officials at the Department of them in the uncertain shadows er non-citizens in dire need of said in a letter to Steinberg that Homeland Security have agreed of the US immigration system. such humanitarian relief. Still, under the new procedure the to a complex potential pathway Steinberg, who is not an our work with Debra Brown “illegal” immigrants could pro- to temporary legal status for expert in immigration law, met Steinberg has been exhilarating vide biographical information non-citizen victims of the Sep- Kanstroom some years ago and and productive, the best sort of and immigration history to the tember 11 terrorist attacks. the two agreed to work togeth- partnership between our authorities without revealing Kanstroom reports that the er on these cases, with Human Rights Program and a their names, with the assurance measure—known technically as Kanstroom and his students practicing lawyer.” that the information would not “humanitarian parole”—was a providing technical legal analy- “For the first time there is a be used to deport them. great breakthrough and may sis and support. Recently, program for these widows and “These families share an help to clear the way for a leg- Human Rights Fellow Mary widowers and orphans to experience with the American islative solution, which is now Holper joined the legal team, as change from being undocu- people that is among the most pending in Congress. they worked to craft a mecha- mented to having a legal pres- significant in American histo- Debra Brown Steinberg ’79 nism by which these families ence in the United States,” Stein- ry,” Baker said. “We felt they has worked for years with fam- could somehow live legally in berg said. “It will allow them to deserved an opportunity to ilies of victims of the attacks. the United States. take their place with the other make their case in the most Although some of the survivors “This is really a tremendous 9/11 families, by showing that effective way.”

IMMIGRATIONR Fighting for Deportees’ Rights

ROSENBLOOM HELPS PIONEER NEW AREA OF IMMIGRATION LAW

awyers around the coun- apply to people after they have to apply for the chance to who, while in custody for a tres- try are fighting to keep been expelled. This work, says return,” she says. passing misdemeanor, signed a Limmigrants from being Professor Daniel Kanstroom, Every year, thousands of document he could not read, senselessly deported as a result director of the Law School’s men and women are subject to and was consequently deported of the harsh laws surrounding Human Rights Program, is “in mandatory deportation with- to Tijuana. There he spent US deportation. Among those the forefront of a developing out the opportunity to apply eighty-nine days eating out of on the forefront of this battle is area of law that merges US for a waiver to remain with garbage cans and bathing in Rachel Rosenbloom, supervis- immigration law, constitutional their loved ones. In some cases, canals while seeking to return to ing attorney for the Post- law, and international human inflexible laws have led to the the US. Deportation Human Rights rights law.” deportation of individuals who Stories like Guzman’s are Project at Boston College’s Rosenbloom is hoping to are actually US citizens. In Feb- “inevitable under our current Center for Human Rights and take deportation law in this ruary Rosenbloom testified on deportation laws,” Rosen- International Justice, which is new direction by calling atten- this subject at a US House of bloom testified, adding that the housed at the Law School. tion to the systemic problems Representatives subcommittee cost is borne not only by those Rosenbloom is interested in that lead to erroneous deporta- hearing in Washington, DC. deported and their loved ones, not only protecting those under tions. “We’d also like to see She told the story of Pedro “but by all of us and our legal the threat of deportation, but mechanisms in place to allow Guzman, a twenty-nine-year- system itself.” also in sculpting laws that those who have been deported old American-born US citizen, —Natalie Engler

6 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ I N B RIEF]

IMMIGRATIONR Writing a Nightmare

STUDENT PUBLISHES IN IMMIGRATION ANTHOLOGY

hat does it mean to experience for me.” Kurzban, author of the most Human Rights Program, and fight the good fight? Satyal’s writing appears widely used one-volume immi- the Immigration Spring Break WAsk Debbie Satyal alongside that of preeminent gration source in the US. Trips. They “definitely pro- ’08, author of a chapter in the social scientists, policy analysts, Satyal credits much of her vided me with the background immigration anthology, Keep- community organizers, lawyers, success to BC Law’s immigra- and contacts I needed to ing Out the Other: A Critical and journalists in the field of tion resources, including the become involved with this Introduction to Immigration immigration law. Keeping Out clinical program, Boston Col- book,” she said. Enforcement Today, edited by the Other, for example, includes lege Immigration and Asylum —Jesse Stellato ’08, excerpted David C. Brotherton and Philip the work of attorney Ira J. Project, the Post-deportation from an article in Eagleionline. Kretsedemas and published in March by Columbia University Press in New York. Satyal dedicated herself to THE PAST IS AN OPEN BOOK immigrant advocacy during her student years, helping some of The Law Library’s Daniel R. Coquillette Rare England and Joseph Story’s Commentaries the most underrepresented indi- Book Room continued to celebrate its prized on the Constitution, a volume of Edward viduals in American society possessions with the exhibition, “Recent Ad- Coke’s Reports summarized entirely in verse, navigate a complicated, and ditions to the Collection,” on view last se- a signed first edition of Truman Capote’s In often confusing, legal system. mester. Among the selections was a limited Cold Blood, and a document appointing the Her work led her to Rafiu, an facsimile edition of the famous Domesday famous lawyer Daniel Webster as a Justice African deportee who becomes Book, which was originally compiled in 1086 of the Peace of Suffolk County, Massachu- a jailhouse lawyer. AD as a comprehensive census of the lands setts, in 1830. To see highlights of the ex- Satyal’s chapter, which she and property of England. Also on display was hibit, visit www.bc.edu/schools/law/library/ wrote with detention expert a set of Massachusetts laws published in about/rarebook/exhibitions/newacq08.html. Malik Ndaula, is called “Rafiu’s 1726, magnificent first American editions of The next exhibit will be selections from the Story: An American Immigrant Blackstone’s Commentaries on the Laws of estate of Frank Williams Oliver of Chicago. Nightmare.” As gripping at it is true, and as true as it is tragic, the chapter follows Rafiu on his harrowing journey through the system. The goal, says Satyal, was to bring some understanding to the treatment of immigration detainees by seeing through the lens of someone going through it. Satyal was not prepared for some of the treatment she learned about during her research into Rafiu’s situation. “The experience of Rafiu unfortunately is not altogether uncommon, but it was still so different from anything I have ever been through,” she said. “Bringing the human aspect to something that is so often discussed in abstract ideas and statistics was a grounding

SPRING / SUMMER 2008 | BC LAW MAGAZINE 7 [ I N B RIEF] Letters to the Editor

the current generation of law I thought that Dean Garvey’s firms and corporations. They school students and soon-to-be introductory message in BC might blossom into attractive students. A new social con- Law Magazine actively under- employment offers. sciousness is quite prevalent cut BC Law’s tradition of pro- —George H. Parsons ’57 among the younger generations moting service to the poor and Richmond, VA that emphasizes social, environ- the public. I have no objection mental, and global equity. I am to adding more business cours- Taken to Task young enough to be in touch es if the students request Several members of BC Law’s with many of these impulses, them—indeed, it is important Black Alumni Network (BAN) and I live in Chapel Hill, North for students interested in public expressed concerns to BAN’s Carolina, where they may be interest law to understand busi- executive board regarding the found very much alive in the ness. However, the message article “Alumni Pen a New campus community. seemed to be that the interests Manifesto” (Fall/Winter ’07), I think we ought to celebrate of those who seek to go into in which it appeared that BAN the liberal, thoughtful attitude public interest law don’t matter President Bernard Greene was Not My Pony of many of the professors who because so few students choose listed as a member of the Alum- I respectfully disagree with have been with us for so long. this route. There was no need ni Task Force in his capacity as much of the substance and The spirit of former Dean Father for sending such a message, and the president of BAN. tone of Dean John Garvey’s Robert Drinan, the activism of it was offensive. In response, the board issued column “Pony Time” (BC Law the campus community, and —Catherine S. Smith ’92 this statement: “BAN was not Magazine, Fall/Winter ’07). the social consciousness of the Medford, MA represented on the Alumni Task Our historical emphasis on student body is surely some- Force as an organization. In socially conscious lawyering thing to cherish and celebrate, Business Savvy fact, as BAN president Bernard does not have a main well- and not to suggest is the prod- I applaud wholeheartedly the Greene has noted, it was spring in “aging hippy” pro- uct of some immature left-wing initiatives taken at the Law emphasized at the first meeting fessors’ particular biases. For sensibilities. School to better equip gradu- of the task force by eAdvance- one thing, the Jesuit approach I hope we will not focus too ates to appreciate and deal ment consultant Eustace has, in my understanding, al- much, and surely not in any with the challenges and op- Theodore that members of the ways brought that conscious- disdainful manner, on produc- portunities in the business task force were selected and ness to BC Law, and thank ing too large a covey of future world today. May I add to the serve as individuals, and not in God. Dean Garvey acknowl- corporate lawyers. initiatives referenced in “Get- any representative capacity.” edges this, but I believe it must —Jason Brenner ’00 ting Down to Business” —Bernard W. Greene ’81 be reemphasized. Staff Attorney, (Fall/Winter ’07), the develop- BAN President and I believe Dean Garvey has Legal Aid of North Carolina- ment of a [career services] em- Ellen P. Woodward-Morris ’84 misread much of the impulse of New Bern phasis on externships in law BAN Secretary

Dean John Garvey (far right) at the dedication ceremony of the new Ropes & Gray Conference Center at BC Law and (at left) Mark Nuccio and John Montgomery, who were key to the fundraising effort to name the room. PHOTOS BY JASON LIU

8 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ I N B RIEF] A Cause Grows in the Bronx

RECENT GRADS HAVE ENVIRONMENTAL IMPACT

summer, they staged protests outside City Hall. In October they filed a Freedom Of Infor- COLLECTING mation Law (FOIL) request for OPINIONS all documents on city delibera- tions relating to the property. The family of the late Jus- The city refused to provide the tice Francis P. O’Connor ’53, documents, citing “attorney- which last year was part of client privilege,” and claiming an effort to endow a schol- that public disclosure “would arship at the Law School in impair present or imminent his name, has donated a set contract awards,” among other of opinions from the Massa- exemptions under FOIL. chusetts Supreme Judicial DeRoche asked three col- Court during O’Connor’s leagues, including Maloney, to tenure there. join her. Like DeRoche, Mal- The gift was celebrated oney had been actively involved at a reception in the BC Law in environmental law studies at School Library’s Daniel R. BC Law and had taught an Coquillette Rare Book environmental law course to Room in May. undergraduate political science O’Connor, who was a jus- students. tice for sixteen years, wrote The attorneys followed up opinions on some of the on the FOIL requests and filed most divisive issues of the an Article 78 proceeding, argu- 1980s and 1990s. As the ing that the city had provided Boston Globe reported at insufficient explanation for the time of his death in withholding the requested doc- August 2007, he was a uments. The team also helped judge “who did not hesitate RICHARD DOWNS the community prepare for the to stand alone on the losing city’s environmental and land side if he thought it was the n a David vs. Goliath story, to the environmental justice use review processes. right side.” South Bronx community nonprofit, Sustainable South In April 2007 the owner of He was also a much Imembers took on the City Bronx, by Aaron Toffler, who the property won a temporary admired mentor who of New York and prevented a directed the Natural Cities Pro- restraining order in a Connecti- earned the loyalty of his law 2,000-inmate jail from being gram at the Urban Ecology cut bankruptcy court, obstruct- clerks, one of whom remem- built on waterfront property Institute (UEI), where DeRoche ing the city’s acquisition. Almost bered him as “the most they had hoped would be used worked while she was at BC a year later, the city withdrew its intellectually honest man.” in a more environmentally sus- Law School. “After I passed the plans, before the review process O’Connor’s papers have tainable way. Brian Maloney bar, I asked Aaron if there were ever came to pass. now become part of the ’05 and Mandy DeRoche ’06 organizations like the UEI in Maloney and DeRoche say Law Library’s permanent played a small but important New York,” she explains. “He they are pleased about the collection. role in the case by representing mentioned an organization reversal, but they remain con- the community group, which called Sustainable South Bronx, cerned about the future use of scored a victory in March when so I called and asked whether the site. “Our involvement isn’t CORRECTION the city announced it would they needed some help.” only about preventing a jail withdraw its plans to take the Sustainable South Bronx from being built there,” says BC Law Magazine printed 28-acre parcel by eminent accepted her offer and shared Maloney, “but making sure the an incorrect address with domain. their story. They said they had community is part of the deci- Patrick J. Daly’s letter in the DeRoche brought the case been surprised to learn of the sion-making process.” That Fall/Winter ’07 issue. He to her employer, Seward & jail proposal during an April work continues. lives in Reading, MA. Kissel LLP, after being referred 2006 city council meeting. That —Natalie Engler

SPRING / SUMMER 2008 | BC LAW MAGAZINE 9 [ I N B RIEF] [ G ALLERY]

Things are Looking Up Palash Gupta ’08

BC LAW IMPROVES IN RANKINGS Graduate of India’s National Law School, 2001. Former director of the BC Graduate International Student Association and member of the 2008 oston College Law ty, and staff, and to the initial Jessup International Law Team. School moved up to 26th effects of a number of measures Bin the 2008 US News we have taken to improve the and World Report overall rank- school. Our strategic plan is YOU WORKED AS IN-HOUSE COUNSEL FOR UNILEVER IN ings, earned 7th place in the designed with one thought in MUMBAI FOR FOUR YEARS. WHY GO BACK TO LAW SCHOOL? Legal Writing specialty, and mind—to make Boston College It’s partly personal and partly professional. My wife want- appeared on the Most Diverse a better law school. If we focus ed to do her PhD in the United States. Professionally, I think the world’s getting a lot flatter, and the US JD is a Law Schools list. In separate on that goal, continued really hot legal degree to have in any market. rankings, the National Law improvement in both US News Journal (NLJ) called BC Law and other rankings systems will among the top 20 “go to” surely follow.” WHAT LANGUAGES DO YOU SPEAK? schools for job placement Among recent initiatives are I think in English, but I speak Bengali, Hindi, a smatter- ing of German. My wife and I fight in English. I think that The US News report ranks hiring more faculty, lowering shows you which language we’re most comfortable in! ABA-accredited law schools, the faculty course load to taking into account a number encourage scholarship, restruc- of measures, including reputa- turing the alumni association, ANY CULTURAL DIFFERENCES YOU’VE NOTICED? In my country, people are a little more careful about what tion, student selectivity, place- and enhancing job opportuni- we say to each other in front of other people. If you dis- ment success, and faculty ties for graduates. agree with someone, you might express it privately, but resources. US News uses a weighted here people tend to do it more publicly. I think people in “I’m very happy about our average to determine each the United States have different ideas of personal space move up in the rankings,” said school’s final placement. A and boundaries, and are more formal about going across BC Law Dean John Garvey. school’s score on each indica- to each other’s places, or eating other people’s food. Back “This is due to the overall tor is standardized. BC Law home, once you get to know someone very well, unless strength of our students, facul- received an overall score of 61. it’s a mealtime or really late, it’s perfectly acceptable to just ring the doorbell and walk in and say, “Hi.” But here people don’t do that.

Going Once, Going Twice AT LAW SCHOOL IN INDIA, YOU CAPTAINED THE DEBATE AND TENNIS TEAMS. ARE YOU AS AGGRESSIVE ON COURT AS ON THE STAND? PILF AUCTION TURNS TWENTY No, I’m not actually. I grew up playing on clay courts in India so I slide around three or four feet behind the base- line, and hit heavy topspins and play a very patient game. oston College’s Public This year’s auction marked It’s very antithetical to my personality. Interest Law Foundation the twentieth anniversary of the (PILF) rallied the Law Law School tradition, as well as B WHAT ARE YOUR PLANS AFTER GRADUATION? School community to raise the inauguration of a new one: I had an offer from India’s largest law firm. I’d be doing more than $20,000 during its The auction committee present- private equity and mergers and acquisitions—very cor- annual auction in April. Easily ed the first annual Mary Daly porate and very different from my Moot Court experi- PILF’s biggest fundraiser and Curtin and John J. Curtin Jr. ences. But, I’ve accepted a post as a litigation associate one of the most popular spring Award for Public Interest to with the Boston firm Dwyer and Collora LLP. events, the auction moved to its two members of the BC Law new location in the BC Club in School alumni community, WHAT WILL YOU TAKE FROM YOUR EXPERIENCE IN THE US? downtown Boston last year in Christine and Michael Puzo I like the fact that this is a merit-based society. Another an effort to make it more acces- ’77. thing is that I’ve pretty much stopped complaining about sible to alumni. The auction featured both anything and everything. People here just get on with their The auction was well live and silent auctions as well lives. attended, according to 2L and as online and call-in opportuni- —Interviewed by Jane Whitehead PILF member Amelia Corbett. ties for alumni in chapters “The event was a huge success. across the country. There were a lot of students, Money raised by the auction alumni, and professors, and a funds student summer public

great time was had by all.” interest work. DANA SMITH

10 BC LAW MAGAZINE | SPRING / SUMMER 2008

[ P OINT OF V IEW]

A Lesson in Justice

BY CHRISTINE BANG ’10

First-year students (l-r) Eric Fox, Alex Berrio Matamoro, Elizabeth Clerkin, Christine Bang, and Matthew Barnett during their eye-opening week working in the criminal justice system in New Orleans. REVEREND FREDERICK ENMAN ’78

NEW ORLEANS, LOUISIANA. MONDAY, FEBRUARY 19, 9:20 A.M. A staff member of the New Orleans Public Defenders leads eleven of us Boston College 1Ls to the Orleans Parish lock-up facility in the northern part of the city where the men and women arrested the previous night are awaiting their bond hearings. Although I have no idea what to expect during our week of winter break volunteering with the public defenders, I find myself constantly shocked by the consistent flow of injustices we encounter. We shuffle over a cement floor into a Some public defenders say that if they or the room that slants downward towards a accused speak, it is likely to agitate the judge and wooden stage. Approximately twenty- five inmates sit in neat rows of plastic result in a higher bond.… I wonder why we even chairs, one person’s ankle shackled to filled out the bond argument forms if the informa- another’s. Most are black men, a few are tion will not be used during the hearing. white women. Several public defenders in jeans or suit pants and collared shirts are scattered around in chairs, attending to the accused, who are dressed in orange jumpsuits. Each public defender holds several papers and periodically looks up at a blank flat screen television erected on a table in front of the stage with a small web camera perched atop it. We are taking part in what is called the First Appearances project, one example of the extra effort that the public defenders office initiated after Hurricane Katrina to help reach their indigent clients early in the criminal process. Despite its obvious limitations, the current public defenders program is an improvement over what existed before Katrina. Then, all public defenders available to the indigent defendants in the parish were part-time. The new office is staffed with full-time public defenders, investigators, and administrative personnel. (continued on page 49)

12 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ L EGAL C URRENTS] TRENDS AND TIMELY ISSUES

Empowering Europe’s Central Bank

FINANCIAL CRISIS BEGS THE QUESTION OF AUTHORITY

he recent credit crunch has exposed many flaws in the finance industry T across America and the globe. One such regulatory shortcoming is the European Central Bank’s lack of clear authority to act as a lender-of-last-resort. In a global econo- my, with mergers and acquisitions minting scores of banking entities that are not confined by conventional boundaries, it is more important than ever that the matter of a central bank’s power not be left to chance. During this credit crunch, both the Fed- eral Reserve and Bank of England have once again assumed the traditional central bank responsibility of acting as lender-of- last-resort (LOLR). They lent billions of dollars, respectively, to American investment banks and United Kingdom bank Northern Rock when market funding sud- denly dried up. But what if Northern Rock had been instead a pan-European banking group? That prospect has been troubling the European financial community for some time, because Europe’s central bank, the European Central Bank (ECB), lacks express LOLR authority. As Charles McCreevy, the European Commissioner for the Internal Market and

Services, observed, “You have to ask how ALEX NABAUM we would have handled a situation like...Northern Rock if they had been oper- ating in several countries—and the answer THE LACK OF A PAN-EUROPEAN lender-of-last- is that we couldn’t have done it.” Since 2000, cross-border mergers and resort has troubled the European financial community acquisitions among eurozone banks has since the European Central Bank’s 1998 founding. skyrocketed. By 2005, that activity had created at least sixteen banking groups that were active in more than half of all euro- That lacuna is a product of the ECB’s The Fed originally was not assigned any zone countries, with pan-European bank- unique provenance as a central bank. For macroenomic goals at all. ing groups accounting for more than 53 example, Congress created the Federal The ECB, on the other hand, was percent of all eurozone banking assets. As Reserve System in 1913 in large part as a founded in 1998 not to regulate the Euro- of now, none of those banks has faced a response to the banking panic of 1907, pean banking system, but rather to act as public liquidity crisis, but if one did, it’s expressly acknowledging that the Fed was the maker of monetary policy for the new anybody’s guess whether the ECB would established to provide “more effective currency, the euro. Indeed, commentators assume the LOLR mantle or if it would fall supervision of banking in the United have called price stability the ECB’s raison to the national central banks of European States.” Congress, therefore, granted the d’etre. Unlike the Fed, the ECB has no Union Member-States to cobble together Fed clear statutory authority to lend to bank regulation competencies, with bank an ad-hoc response. banks for the purpose of stabilizing them. supervision remaining with the eurozone’s

13 BC LAW MAGAZINE | FALL / WINTER 2005 SPRING / SUMMER 2008 | BC LAW MAGAZINE 13 [ L EGAL C URRENTS] national central banks. The ECB’s enabling statute, attached to That Old Church-State Debate the 1992 Maastricht Treaty, does grant it authority to “conduct credit operations TEASING OUT RELIGION’S ROLE IN ELECTORAL POLITICS with credit institutions,” which is the essence of an LOLR operation. The statute states, however, that such credit operations can only be carried out in order to achieve he day last March when Senator modious” than Europe’s interweaving of the objectives and tasks assigned to the Barack Obama, hoping to quiet a church and state, said panelist Jytte ECB. The ECB’s primary objective is to T controversy over remarks by his Klausen, professor of comparative politics maintain price stability, and the ECB, longtime pastor, gave a much-discussed at Brandeis University. But European gov- therefore, regularly conducts credit opera- speech on religion, ethnicity, and politics, ernments are trying to weave Islam into the tions with banks to affect general interbank half a dozen academics from Europe and fabric of church-state relations and to interest rates and thereby implement mone- the United States discussed those same top- establish what Robbers called “a European tary policy. But would a credit operation ics at a symposium sponsored by the Islam.” As a first step, efforts have begun in conducted to restore liquidity to a specific Boston College Law and Religion Program. several countries to create bodies that will bank also come within the ECB’s objectives Gerhard Robbers, professor for public represent the Muslim community in negoti- and tasks? law at the University of Trier, in Germany, ations with the state, a process Robbers Article 2 of the ECB’s statute states that opened the first of the day’s two panels by described as “trying to find an interlocu- the ECB’s primary objective is price stabili- saying, with some bewilderment, that tor.” ty, but that it may also act to achieve a high “incidents like the Obama case—in Europe If most European political leaders, even level of employment, raise the standard of they just don’t occur, and if [they did], it unbelievers and socialists, have supported living, and promote balanced economic would be devastating to the candidate.” state subsidies of religion, Klausen argued, development if its actions do not prejudice Religion and elections simply don’t mix in it’s because the arrangement gives them the primary objective of price stability. It Europe, Robbers said, citing many failed more power over religion. American could certainly be argued that restoring liq- attempts by religious groups to influence church-state separation owes its existence, uidity to a “too-big-to-fail” bank would political elections in Europe. in some degree, to fear of this dynamic— promote economic development, while not While Europeans look askance at reli- (continued on page 50) materially undermining price stability. Fur- gious intervention in elections, panelist thermore, article 3.3 of the ECB statute Michel Troper, an emeritus law professor grants it the task of promoting the smooth at the University of Paris-Nanterre, dis- RELIGION and elections operations of payment systems. Because pelled the idea that European nations prac- the payment system is run by banks, it tice an extreme form of church-state sepa- simply don’t mix in Europe. could reasonably be argued that any action ration. Indeed, most European govern- that supports the health of the banking sys- ments subsidize religion in ways that would tem furthers that task. be unconstitutional here. Government, for It follows that one can make a good- instance, owns and maintains all French faith argument that even if the Maastricht synagogues and churches, and it pays for drafters did not necessarily envision the the country’s private schools, most of them ECB acting as LOLR, the ECB’s statute can religious institutions. reasonably be interpreted to grant it that One religion left out of this cozy authority. arrangement is, of course, Islam. French The lack of a pan-European LOLR has mosques, unlike French churches and syna- troubled the European financial communi- gogues, whose state ownership dates back ty since the ECB’s 1998 founding, when the to the French revolution, were built recent- eurozone received a single currency and ly, and none has been paid for or main- capital restrictions were relaxed. That con- tained by the state. This has led to com- cern has been focused by the collapse of plaints of unequal treatment by some Mus- local European banks like Northern Rock lims. Further, a ban on religious symbols in and Germany’s IKB Deutsche Indus- French public schools, while widely com- triebank. The alternative to a European plied with, hasn’t helped relations between LOLR is to hope that a single European French Muslims and the state. (It has also national central bank restores liquidity to sent many French Muslim girls into the an entire banking group, or to count on ad- Catholic education system, where the girls hoc coordination among the national cen- are allowed to wear head scarves.) tral banks, a process that would be so When it comes to assimilating new reli- unpredictable and unwieldy as not to gions, including Islam, US-style church-

(continued on page 50) state separation has proven “more com- BRIAN STAUFFER

14 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ L EGAL C URRENTS]

Unsheathing a Secret Weapon

STATISTICS CAN WIN THE FIGHT AGAINST RACIAL PROFILING

hough racial profiling has become a household term, public awareness Tof the issue has failed to rectify many of the wrongs still being perpetrated by law enforcement. Over the past decade, there have been improvements in information-gathering and data analysis of such incidents. Nevertheless, the fact remains that in an era when the War on Terror has shifted focus away from individual rights, victims of racial profiling do not enjoy sufficient legal recourse. There is one weapon, however, that if put to immediate and thorough use, can and will have a profound impact on racial profiling. That weapon is statistics. In 2005, the Bureau of Justice Statistics released results from a survey of 80,000 people which indicated that minority drivers were three times as likely to have their vehicles searched following traffic stops as JAMES STEINBERG white drivers. Statistics demonstrate not only the stark levels of racial profiling by law enforcement officials across the United States, but the devastating social costs of such practices as well. The Bureau found EVEN COURTS THAT FOUND against plaintiffs that while 57 percent of whites stated they “had a great deal or quite a lot of confi- have noted the increased importance of statistics dence in the police,” only 38 percent of in demonstrating discriminatory intent. African Americans had similar confidence levels in law enforcement. The political fallout and subsequent parate impact on the plaintiff’s racial erful new information. Second, research demotion of the chief of the Bureau of Jus- group, but also that these practices consti- methods have improved to better use these tice Statistics, who fought pressure to sup- tute an intentional pattern of discrimina- data. Finally, there is evidence of an evolu- press these striking findings, overshadowed tion. Courts typically allow population lev- tion in judicial thinking that acknowledges other possible implications of this emerging el statistical evidence to demonstrate dis- improved statistical evidence and reconsid- body of statistical literature, namely, what criminatory impact, but not to prove dis- ers whether statistics can be used to infer role statistical research should play, if any, criminatory intent. Unless an officer or discriminatory intent in racial profiling cases. in civil rights claims brought by victims of agency openly admits that race influenced A decade ago, law enforcement agencies racial profiling. Despite the dismal reality the decision to stop or search, civil rights collected little, if any, information regard- that the Bureau of Justice Statistics’ reports plaintiffs are left to argue that the circum- ing the race of motorists stopped for traffic reveal, an evolution in statistical research stantial evidence available is so strong that violations. For example, in Chavez v. Illi- and data collection provides a new oppor- it is tantamount to proof of intent. This nois in 2001, the US Court of Appeals for tunity for courts to reconsider the role sta- rigid discriminatory intent requirement has the Seventh Circuit concluded that the tistics should play and allow victims’ well- been criticized as nearly insurmountable, paucity of data made it impossible to draw founded Equal Protection claims to succeed making Equal Protection claims due to reliable statistical conclusions regarding at trial. racial profiling virtually illusory. racial profiling. When the Illinois State Under Washington v. Davis, to succeed Three developments provide new hope Police were accused of racial profiling dur- in an Equal Protection claim of racial pro- in righting the wrongs of racial profiling. ing the operations as part of the War on filing, the litigant must show that the offi- First, data collection initiatives in the Drugs, the department recorded less than 5 cer/agency’s practices not only have a dis- past ten years give potential litigants pow- (continued on page 51)

SPRING / SUMMER 2008 | BC LAW MAGAZINE 15 tiigsrewiestohistoricvictory leads screenwriters ’84 striking PatricVerrone President West Guild Writing 16 BC LAW MAGAZINE |SPRING/SUMMER 2008 Wrongs that crackswereappearing, thecenterheld.” “They guessedwrong: Despiteconstantsuggestions varying interests,wouldquicklysplinter,” Carrwrote. calculating thatthewriters,adisparate groupwith the start,studiosmoreorless invited thestrike, taking areflexivelyhardlineinthe negotiationsfrom writers couldhavehadadealwithout astrike.“By dio executive’s contentionthatthefilmand television That centerhasa name.ItisPatricM.Verrone ’84. THE S America cametoanendlastFeburary, NewYork Times newsanalystDavidCarrrefutedonestu- 100- A STRIKE DAY yVicki Sanders By by theWriters Guildof

KEVIN SCANLON

n award-winning TV variety show and an- “I couldn’t believe he was the guy I’d known all my life. imation writer and two-term president of He was a dynamic speaker in command of the crowd the Writers Guild of America, West, Ver- and the facts. He had vision and had organized people rone is widely credited with being both under him—a bunch of skills I never knew the guy had. the strategic visionary and a key tac- I was amazed by this.” tician behind what the guild regards Negotiator Bowman, another of Verrone’s Harvard as its best deal in thirty years. He acquaintances, observed other qualities in his friend dur- orchestrated the agreement with ing the day-to-day strike discussions with studio execu- the help of David J. Young, ex- tives. “He’s an excellent poker face,” Bowman says. “He ecutive director of the West has a good sense of the timing of negotiation—when you Coast guild, and John Bow- move, when you show your hand, and when you don’t man, chair of the union’s ne- show anything.” gotiating committee. Using a Verrone’s legal skills were clearly in play during the mantra about the studios talks (a former editor of the Boston College Law Re- that became the strikers’ view, he’s licensed to practice in California and keeps up rallying cry, “If they get with the law by teaching classes and writing for LA paid, we get paid,” Ver- Lawyer magazine), but so were his creative abilities and rone said at a press writer’s imagination. “He comes at everything from an conference that the outsider’s place, forming his opinion independently hard-won contract achieved two out of three important based on information he’s gathered himself,” Bowman goals: Writers won jurisdiction over their programming explains. “He’s used to creating whole worlds or at least for new media and they got residuals for content used considering possibilities.” Rather than dwelling on the on the web. destructive nature of previous strikes, he “imagined a Ironically, the issue that had motivated Verrone to be- strike and what it could accomplish.” Verrone’s combi- come involved in the guild in the first place—the rights nation of imagining and administering well, Bowman of animation writers, in particular, but also of creators says, produced the desired results: a walkout that rallied of reality TV and other genres not under the guild’s um- 7,000 writers, hampered moviemaking, silenced more brella—did not survive the negotiations. “For those of than sixty television shows, and ensured writers a share us who were in this fight to achieve this goal,” he said, in the future of new media. “we fight on.” “They successfully faced down six multinational me- Verrone’s first writing job upon moving to Hollywood dia conglomerates and established a beachhead on the in 1986 after practicing law in Florida for two years was internet,” Jonathan Handel, former associate counsel for on the Late Show with Joan Rivers, followed by The the Writers Guild of America, West, told the Los Ange- Tonight Show Starring Johnny Carson. But by 1991 he les Times. “When you consider what they were initially was writing for animated programs and soon chocking offered and the enormous odds they faced, that’s quite up credits for such hits as Rugrats, The Critics, Futura- an achievement.” ma, and The Simpsons. Animation writers are grouped The notion that Verrone pictured a positive outcome with all other animation talent and represented by for the Writers Guild of America points to another di- IATSE, the union of stage and motion picture workers. mension of his character: his visual talent. Gerry Daley, Because of that, Verrone says, they do not enjoy the a California labor attorney, union organizer, and college writer-tailored benefits that guild members do. roommate of Verrone, says that Verrone’s focus since Verrone’s concern led him to the inner sanctum of the childhood has been “to create and tell stories and most Writers Guild, where he used his time as secretary/trea- especially to tell stories visually.” Verrone picked up a Su- surer to observe the union’s internal politics and to deep- per 8mm camera as a kid and shot, wrote, and produced en his understanding of labor relations. It turns out Ver- his own movies. He also showed aptitude as a cartoon- rone was a natural organizer. Thanks to his legal train- ist. He has a gift for making the abstract concrete. Col- ing, attention to detail, and calm, witty demeanor, his leagues today describe elaborate, sometimes wall-sized leadership would become a touchstone in an entertain- flow charts he’s created to track everything from an an- ment industry contest of big egos and fractious interests, imated show’s writing and rewriting schedule to a union say the people close to him. bargaining committee’s parry and thrust of proposals and “I know he’s funny, smart, and a lovely human be- counter proposals. One of Verrone’s hobbies is sculpting ing, self-effacing and modest and easygoing,” says friend resin figurines of American presidents and Supreme Court and fellow writer Mike Reiss. But Verrone’s Harvard justices, some of which he’s sold on eBay. Lampoon buddy wasn’t prepared for what he saw when The figurines represent more than a pastime, howev- Verrone was running for the Writers Guild presidency. er. They are part of Verrone’s abiding passion for histo-

18 BC LAW MAGAZINE | SPRING / SUMMER 2008 ry and politics. “He has a deep, almost obsessive interest in American political history and in how you make a democracy work and how you help people become full citizens,” Daley says. “He’s Italian American, a [grand]child of immigrants, and he’s sensitive to that and to making sure that democratic polity includes everybody and gives everyone a voice. It’s the grain in his wood. It’s just how he thinks. So when he sees unfair- ness or injustice being done, it really gets under his skin.” The sincerity of Verrone’s motivations earned him the trust of his fellow writers in the guild. “When he gives his word, it’s stainless steel,” Daley says. “Every- one in the union knew it, and that’s the coin he cashed when he asked his members to follow him.” Patric Verrone and his wife, Maiya Williams, are both television writers, so the His tenaciousness also won their admiration. Ver- outcome of the Writers Guild of America strike was a family matter. rone doesn’t let go an injustice. “He’ll work it and work it and work it,” Daley says. “He’s methodical and re- lentless, and he’ll never give up the fight and he’ll make it in such a way that everyone on his side—win, lose, or draw—will be better off. He will be democratic and in- volve everybody and bring to the fore everybody’s tal- Thanks to his legal training, ents, and everyone will find they can contribute.” Daley says this brand of leadership and the grassroots attention to detail, and calm, organizing Verrone did to unify a notoriously disparate group of writers explain the success of the recent strike. witty demeanor, Verrone's “The way he put together the fight was so thorough-going and democratic and bottom up and involved so many members contributing their talents—that’s why they won leadership would become a the battle for public relations against a media industry.” Verrone mobilized 7,000 writers and had them do what touchstone in an entertain- they do best: communicate, often via the very media over which they were fighting for jurisdiction. As Verrone wryly put it: “We have advantages. We can write.” ment industry contest of big They sent emails, produced online videos, used the blogosphere, and wrote articles and op-ed pieces. egos and fractious interests. And they stuck together. “In the past, there were wedge issues that the studios were able to exploit, and none of those fissures opened up this time,” says Die Hard and Die Hard 2 screenwriter Steven de Souza, who attended several of the small meetings Verrone organized before the strike to build coalitions within the strike over the place of entertainment writers in that fu- membership. ture,” he said. “Also, I believe I am the only panelist to Verrone’s sense of humor has always opened doors have written a film about a robot poker tournament in for him. It won him entry into the Harvard Lampoon space Vegas in the year 3009 so I think my expertise in and into the heart of one of its editors, Maiya Williams, the area is unquestionable.” whom he married in 1989. They have three children. A With the strike over and his term as guild president, television writer who has recently turned to young adult a volunteer post, at an end, Verrone is getting back to novels, Williams describes her husband’s humor as his writing and contemplating a book about his experi- quirky, off-kilter, and oddball. “We’re funny to each oth- ence. But some of his closest friends wouldn’t be at all er all the time,” she says. “We like to laugh.” surprised if he took a different path. “If you’d asked Verrone used a joke to break the ice during testimo- which of our friends would be a leader, I’d have said he’d ny before the US Senate Committee on Commerce, Sci- be the likeliest,” says college pal and fellow Simpsons ence, and Transportation in April. “Thank you for invit- and Critic writer Al Jean. “I thought someday he might ing me to speak on the subject of ‘the future of the in- run for political office.” ternet’. As you know, we recently completed a 100-day “I think he might wind up as governor,” adds Reiss.

SPRING / SUMMER 2008 | BC LAW MAGAZINE 19 GREAT CASES Nerves of STEEL Mark Leddy ’71 helped assemble an international mega-deal of daring gambits, deft defenses, and steely resolve By Chad Konecky

rom the tip of the sword to the footprint of the tallest skyscraper, steel is the foundation of yesterday’s empires and today’s developed nations. This alloy of iron ore Fand carbon—the least expensive and most widely used of all metals—remains the mother’s milk of developing countries and the measuring stick of economic progress. Within that narrative context, recounting the recent acquisition of one of Europe’s largest corporations by a swashbuckling billion- aire industrialist born in a dusty village in the Great Indian Desert demands downright Dickensian attention to detail. And just about every dramatic device but a car chase. ROB DUNLAVEY

20 BC LAW MAGAZINE | SPRING / SUMMER 2008

akshmi Mittal, fifty-seven, the he advised European and American clients on transac- world’s sixth-richest person and tions under the then-new Merger Control Regulation, in owner of the Mittal Steel Compa- addition to cartel and vertical distribution cases before ny, is an entrepreneur with con- the European Commission. trolling interests in power gener- Now based in the firm’s District of Columbia office, ation, shipping, distribution, and Leddy has represented clients in a diverse portfolio of mining businesses. Above all, he industries. His biography on the corporate web site notes is a steel manufacturer. The key- that “much of his work has an international dimension.” stone of the Mittal Steel Compa- Anything less would have left him ill-prepared to work ny’s consolidation of the global Mittal Steel’s acquisition of Arcelor, a takeover bid now steel industry was his 2006 bid widely considered the case of the year in 2006-’07. for European steelmaker Arcelor. The transaction was as combat- The pan-Asian crucible ive as it was fluid, thrusting mul- The cultural backdrop to Mittal’s hostile buyout is strik- tiple players into the international media’s crosshairs. A ingly coincidental and acutely relevant. Steelmaking in twenty-two-month epic that tested the malleability of India commenced about 300 BC and thrived into the Lregulatory regimes throughout Europe and North Amer- mid-1800s. Absent colonial rule, India would likely have ica and leveraged the differences across jurisdictions, the remained a world leader in steel production from an- ArcelorMittal mega-merger required notification filings cient times through the present day. Be that as it may, in fifteen countries, exploited governments’ evolving India’s steel industry has landed on its feet. According policies toward protectionism and core industries, result- to a September 2007 report by the International Iron ed in forced divestitures of mills on two continents, and Steel Institute, India was the world’s nineteenth hinged upon the courtship and alienation of sharehold- largest exporter of steel in 2005, the most recent year ers, navigated a nettlesome US Department of Justice re- for which figures are available. view, and utterly reshaped the steel industry. Indian steel has been synonymous with the metal’s Mark Leddy ’71, a partner at Cleary Gottlieb Steen highest grades since before the Middle Ages. The spe- & Hamilton, was in the thick of it, assessing the antitrust cialized art of Indian steelmaking spread to present-day implications and competitive issues of the deal from the Sri Lanka, Turkmenistan, and Uzbekistan by 1000 AD, American perspective. indicating the existence of a pan-Asian crucible steel in- The scale of the deal was colossal. In 1901, Andrew dustry, according to geologist B.P. Radhakrishna. Ar- Carnegie’s US Steel was the first American company to chaeometallurgical evidence suggests that the steel from achieve $1 billion market capitalization—at the time, the which the legendary Damascus swords of Islamic lore largest business venture ever launched. Just over a cen- were fashioned was produced in south India. Many of tury later, Mittal Steel is doing business at another or- the hundreds of thousands of Crusaders who departed der of magnitude, having become, in 2007, the world’s the Middle East upon their shields were felled by Sara- first $100 billion market-capitalization steel company. cen weapons made of steel mined in Africa, shaped by Representing clients like Lakshmi Mittal, whose Persian bladesmiths, and forged in India. eleven-digit net worth puts him in the company of guys Mittal’s motivation for the deal was as much self- like Bill Gates and Warren Buffett, seems a long way preservation as it was self-confidence. For decades, steel from Leddy’s roots. Raised in Elizabeth, New Jersey, producers have been squeezed by their biggest pur- where his father worked for Exxon as an engineer, Led- chasers—carmakers buy about one-quarter of all steel, dy followed his two brothers to Xavier High in Lower while appliance-makers account for nearly a fifth of steel Manhattan, completing a curriculum that included a consumption in major markets, and both those indus- mandatory military component. After receiving his un- tries have become powerfully consolidated. Similarly, dergraduate degree at BC followed by his JD in ’71, Led- three companies control 70 percent of the seaborne iron dy clerked for Chief Judge Walter McLaughlin in ore trade, a concentration that gives those mining indus- Boston’s Suffolk County Superior Court, then returned try giants considerable pricing power in supplying steel to New York, where he began a fourteen-year career in producers. Arcelor, in fact, was born of a 2002 merger the US Department of Justice’s (DOJ) Antitrust Division. among a trio of companies from Spain, France, and In 1984, by then at DOJ headquarters in DC, he rose to Luxembourg, formed to combat those same supply-and- the office of deputy assistant attorney general, the high- demand market trends. est career position in the division. With the Mittal Steel Company already the world’s Two years later, he was named partner at Cleary, serv- biggest steelmaker, its acquisition of Arcelor, the indus- ing in the firm’s Brussels office from 1991 to 1994, where try’s second-largest producer, would put 310,000 work-

22 BC LAW MAGAZINE | SPRING / SUMMER 2008 ers in 60 countries and 10 percent of the global steel market under one roof. By buying into a presence in every key steel market from emerging to mature, Laksh- mi Mittal was boldly wagering that size would give him the scale and cost structure to be consistently profitable in a fragmented, traditionally boom-and-bust industry, as well as provide a better toehold in Asia as part of his quest to capture a bigger piece of the world’s largest steel market: China. Pan-Asian crucible, indeed. Leddy, who now represents the corporate byproduct of the acquisition, ArcelorMittal, granted an interview with the understanding that confidentiality constraints would limit the scope of his comments. He insistently downplays his role in the transaction and the accompanying legal contortions that created a new world order in the steel industry. About seventy-five lawyers from seven Cleary offices worked on the deal, which required virtually constant communication with the client and amongst those lawyers to strategize and to ensure consistency of approach in multiple jurisdictions. The deal was, at its core, economic and legal globalization in action. That duly noted, Leddy’s stewardship was inarguably The merger was as vital to the success of the ArcelorMittal deal. After twenty-six years along the frontlines of domestic and international antitrust law, including battles fought on both the combative as it was fluid, regulatory and corporate legal side of the ledger, Leddy embodies a rare assemblage of institutional knowledge. thrusting multiple players The grammar of the business world A nuts-and-bolts chronology of events—distilled from court documents and related media coverage—offers the into the international most digestible snapshot, albeit one requiring a panoramic lens, of this convoluted, at times far-fetched merger’s trajectory. media’s crosshairs. Arcelor was in excellent health in January 2006. The $19 billion company’s stock hit an all-time high the same day it outbid German rival ThyssenKrupp (TK) for Canadian producer Dofasco. The morning after the bourg, French, Spanish, and Belgium economies.” shares’ peak, Mittal launched an unsolicited, surprise French Finance Minister Thierry Breton initially said $22.7 billion play for Arcelor. The timing of the move the takeover bid’s abrupt onset ignored “the grammar was gutsy. The offer was fat and included Mittal’s agree- of the business world.” But despite some early signals ment to sell Dofasco to TK, a move which raised $6 bil- to the contrary, neither a substantively protectionist nor lion to help fund the Arcelor bid and simultaneously re- interventionist posture materialized from European solved any possible North American antitrust issues. governments. Arcelor formally rejected the offer within forty-eight Incorporated in Luxembourg, Arcelor was the coun- hours, positioning the bid as a slap in the face to its mi- try’s largest employer. The national legislature did decel- nority stockholders, and mounted a fierce defense. The erate Mittal’s forward progress by taking three months landscape that sprawled toward an eventual deal became to adopt a pending Takeover Directive for EU member a minefield. As Pierre-Yves Chabert, Leddy’s fellow part- states, legislation designed to streamline target compa- ner at Cleary in Paris and a legal mastermind behind the nies’ deployment of takeover defenses. But in May, Lux- bid, later told the Corporate Control Alert journal, embourg’s legislature finally passed a version of the di- Arcelor was an amalgam of entities that were once state- rective that offered no further regulatory defense shield owned and were “still perceived as flags of the Luxem- for Arcelor. (continued on page 51)

SPRING / SUMMER 2008 | BC LAW MAGAZINE 23 JOSH COCHRAN Seeking Justice, One ToughCase at a Time

Though the BC Legal Assistance Bureau is turning forty, its lessons in advocating for the poor never grow old By Jeri Zeder

oanne DeProfio was facing eviction proceedings: She had fall- en behind in her rent. She arranged a payment plan with her landlord, and eventually paid her rent in full. But the Waltham Housing Authority claimed that DeProfio had been evicted for non-payment—a violation of the terms of her federal subsidy— and terminated her benefits. The Boston College Legal Assis- Jtance Bureau (LAB) picked up the case, and it was assigned to Arthur Guray ’08, who, under the supervision of Clinical Professor Paul Trem- blay, filed suit for DeProfio against the housing authority. Judge Mar- got Botsford ruled for DeProfio, and ordered the housing authority to pay LAB $10,000 in attorney’s fees. In footnote 14 of DeProfio v. Waltham Housing Authority (Middlesex Superior Court, July 17, 2007), Botsford, who has since joined the Massachusetts Supreme Ju- dicial Court, wrote: “Arthur Guray, who served as the plaintiff’s lead attorney during trial, conducted himself and represented his client in an extremely competent and professional way throughout.” Nice. But here’s the best part: Guray, with still a year of law school to go, had saved his client from homelessness.

SPRING / SUMMER 2008 | BC LAW MAGAZINE 25 ight there, in a nutshell, is what LAB is all Students in CEC represent small businesses, communi- about: providing excellent, free legal ser- ty-based nonprofits, and first-time homebuyers. Profes- vices to the poor of Waltham, Massachu- sor Tremblay co-teaches the clinic with adjunct profes- setts, while offering top-notch, thoughtful, sor Paul Tremblay Kendra Chencus ’97. practical legal training to second- and third- Number one on the list of people deserving credit for year law students. the CEC is Jamie Eldridge ’00, Massachusetts State Rep- RFounded in 1968, LAB is the Law School’s first and resentative for the 37th Middlesex District. Eldridge had oldest clinical program; it’s celebrating its fortieth an- been introduced to the concept of a community enterprise niversary this year. It was born of 1960s idealism and ma- clinic before law school, when he was a paralegal at the tured into an established, indispensible entrée on the Law WilmerHale Legal Services Center of Harvard Law School School’s menu of courses. It paved the way for new clin- in Jamaica Plain. “I was captivated with the idea of look- ics, externships, and observational programs at BC Law ing at a poor neighborhood and, as an attorney, helping (see sidebar), and became a model for clinics at other law to create jobs and improve stability for families and as- schools. Its vibrancy, today as always, comes from a spe- sisting nonprofits looking to improve their neighbor- cial dynamic of students and faculty who continuously hoods,” he says. At BC Law, Eldridge founded Commu- challenge each other, press for improvement, and keep nity Enterprise Development (CED, pronounced “seed”), the program at the forefront of clinical legal education. a support group for students interested in transactional Says Alexis Anderson, clinical associate professor at work, and developed a proposal for a CEC, which he pre- LAB, “If we get stagnant, certainly the students shake sented to Dean John Garvey and the faculty before grad- us up. There’s a bottom-up and a top-down way in which uating. The one missing ingredient? Funding. LAB continues to evolve.” Christine Coletta ’08 and a handful of other CED Take the latest innovation. After four decades focus- members later reignited the CEC cause. Tremblay being exclusively on litigation, LAB this year added a new came their faculty advisor. “I have been thinking and sub-specialty: the Community Enterprise Clinic (CEC). writing about the delivery of legal services to the poor

“Your Honor, the tenant here is an innocent victim of the foreclosure crisis.”

for a really long time,” says Tremblay. “In doing that, I’ve realized that you need not only the litigation and dispute resolution work, but you also need a way to assist them in developing some power and security in their lives, and to increase their income and assets.” But funding for a CEC remained elusive—until the Dunphys came along. In one of his cases when he was a student in LAB, Bri- an Dunphy ’07 succeeded in securing clean, safe housing for a client and her young child, freeing them from their rat-infested apartment. That Brian’s accomplishment was part of his BC Law education spoke to his father’s admiration for the Jesuit mission of service to others. At graduation, Brian recalls, his father said: “I want to make a donation. What is closest to your heart?” And so Patrick Under SJC Rule 3:03, BC LAB students serve as attorneys for the poor Dunphy, a Boston College graduate with a law degree in courtrooms and negotiations under the supervision of clinical law from Marquette University Law School and a founding professors. partner of Cannon & Dunphy, a Wisconsin law firm, became a venture capitalist for LAB’s newest clinic.

26 BC LAW MAGAZINE | SPRING / SUMMER 2008 “Make a worthy difference in the lives of others and place your community in a better condition than when you first arrived.”

Student initiative of the sort that spawned the CEC is a LAB tradition. It was students, after all, who founded LAB. Michael J. Eschelbacher ’68, now a practitioner in Salem, remembers asking Dean Robert F. Drinan in the early years of the clinical legal education movement why BC didn’t have a clinic. “He said, ‘I’m asked that question every year. I’m all in favor. If you come to me with a proposal, I’d love to implement it,’” Eschel- bacher recalls. With a cadre of 3Ls, Eschelbacher draft- ed a plan and got about ten 2Ls placed at the Harvard Legal Aid Society so they could learn how to run a legal service office in their third year. After Eschelbacher graduated, Robert O’Donnell ’69, who is today the founder and director of the Woodstock Institute for Negotiation in Vermont, took over the LAB presidency and found a location in Waltham: the second floor of the old fire sta- tion. The students trained at Harvard Legal Aid became supervisors to the first LAB enrollees. An early enrollee was the Honorable Francis X. Spina ’71, today an associate justice of the Massachusetts Supreme Judicial Court. He credits LAB with opening his eyes to the plight of the poor. “There was justice for the poor and justice for the well-heeled, and you saw At swearing-in ceremonies each year, Justice Francis X. Spina ’71 that at LAB,” he says. Today, when Spina swears in the encourages new lawyers to be public citizens, a value he and fellow newly minted lawyers at the ceremonies at Faneuil Hall alumni say they learned at BC LAB. each year, he never fails to tell them that their role as lawyers is to be public citizens: to improve the administration of justice and to serve the less fortunate. In those early years, LAB students received no course credit and little supervision—“It was like learning how to swim by getting thrown into the pool,” says O’Don- Maritza Karmely; the Housing Clinic, taught by Associ- nell—but that started changing in the mid-1970s, when ate Professor of Law Alan Minuskin; and Women and Robert H. Smith was LAB director. (Smith is now a pro- the Law, taught by Visiting Professor Leslie Espinoza fessor at Suffolk University School of Law.) Eventually, Garvey. (Karmely will take over that clinic next year.) the student board of directors was dissolved and, by the On staff, too, is Lecturer in Law Lynn Barenberg, a early 1980s, LAB was a full-fledged teaching clinic un- social worker. ambiguously accountable to the Law School, with a fac- Students handle actual cases and also spend time in ulty of its own dedicated to supervising, teaching, and classroom seminars contemplating readings, discussing scholarship. The program has been at its present store- ethical questions, and pondering theories of class, race, gen- front on Crescent Street in Waltham since 1986. der, culture, and the law. Cases go through an elaborate Today, LAB boasts a 6:1 student-faculty ratio, with intake process, and are chosen according to client need, each student assigned up to five cases at a time. The pro- the potential impact of LAB intervention, and their teach- gram is made up of four semester-long sub-clinics. In ad- ing value. An average of twenty-four students per semes- dition to CEC, there’s the Civil Litigation Clinic, taught ter are enrolled in LAB; with the opening of the new CEC, by Alexis Anderson and Assistant Clinical Professor there are now spaces for thirty students per semester. LAB’s

SPRING / SUMMER 2008 | BC LAW MAGAZINE 27 “Let’s talk about how we can explain this new theory to the client.”

caseload averages 600 a year. In 2007, 77 percent of the cases succeeded in meeting the client’s goals; 15 percent partially succeeded; and 8 percent were unsuccessful. Students often encounter tough fact patterns and dire circumstances. Every case in the Women and the Law Clinic, for example, has a domestic violence aspect. In the Housing Clinic this year, a client with cancer risks losing her sub- sidized apartment because her grown son was caught with drugs in the base- ment. Another Housing Clinic client was murdered by her boyfriend. The core LAB faculty has worked together for decades, and appears to inte- grate new and visiting professors seam- lessly into the life of the clinic. They pay systematic attention to trends in poverty law and clinical teaching, have access to the wider legal services community, and work with a cooperative spirit. An- derson has been at LAB since 1983; At BC LAB headquarters on Crescent Street in Waltham, students interview clients, Barenberg, 1986; Minuskin, 1990; and research legal issues, draft documents, strategize cases, and prepare for hearings, Tremblay, 1982. From all appearances, trials, and negotiations. these people don’t just respect each other; they genuinely like one another. They co-author law review articles, tangibly support each other’s initiatives, and freely seek each other’s input and advice. At one of is an alcoholic. “She’s not good at helping herself in any their weekly meetings this spring, for example, Minuskin capacity,” he says. “She doesn’t do the things she needs introduced the idea of the Housing Clinic assisting ten- to do to help her own situation.” Nicole Prairie ’09 says ants affected by the foreclosure crisis. His colleagues re- it’s hard to understand why women stay with men who sponded enthusiastically. Their camaraderie, and the ca- are beating them. “Through educating yourself about maraderie they enjoy with their colleagues elsewhere, their lives and their experiences and seeing through that comes partly from their unusual status in legal educa- lens, we all have been able to advise them in a way that’s tion. “Judges and lawyers sometimes see us as spinning more understanding,” Prairie says of herself and her fel- a case for teaching purposes,” says Minuskin. “Some in low students. the community of pure academics don’t quite get us, ei- Barenberg explains it this way: “There’s a knowledge ther. Even after four decades of the proven extraordi- and a skill set from social work and psychology that can nary value of clinical education, clinical faculty still does be taught to lawyers that can inform their work. It is not not typically sit at the front of the bus. Salaries are low- asking them to be psychologists; it’s just asking them to er, job security is not as strong, and faculty voting rights be more informed lawyers.” By incorporating approach- are limited. BC does a better job of integration and par- es from these and other disciplines, Barenberg and her ity than many schools, but not as much as other great LAB colleagues believe, the students can become more clinics in the country.” effective interviewers and counselors, and, in turn, bet- Recently, the LAB faculty has been pursuing an inter- ter legal planners and strategists. disciplinary approach to lawyering, drawn from the field Chris Cerrito ’96, a partner at Edwards Angell Palmer of social work. The need for a social worker’s perspec- & Dodge in Stamford, Connecticut, is a LAB alumnus. tive becomes apparent when students describe some of One of the things he learned at LAB is how to listen and their cases. Arthur Guray, for example, has a client who wait for the essential issues to emerge—a lesson that

28 BC LAW MAGAZINE | SPRING / SUMMER 2008 came from representing a client who was living with AIDS. “We talked for fifteen or twenty minutes before A FAMILY TREE OF CLINICS we were able to get into the facts I needed to get his medical care covered and his disability checks,” Cerrito re- orty years ago, few law schools offered clinical calls. By allowing his client to talk, Cerrito gained his programs where students, under supervision, trust and helped him focus on his legal issues. The fac- advised clients and represented them in court- ulty singled out the tape of Cerrito’s interview—inter- rooms and negotiations. Today, clinics are con- views are routinely taped at LAB for teaching purpos- sidered an integral part of any worthy law es—and used it to train other students. Cerrito carries Fschool course of studies. They provide not only litiga- this lesson with him still. “Clients need to vent some- tion experience—the original model for clinics—but times,” Cerrito says. “Being able to recognize that is im- also opportunities for students to engage in transac- portant. We are counselors at law, not just attorneys.” tional work, externships in the US and abroad, and in While much has changed in forty years at LAB, some specialized areas, such as criminal law, immigration, things remain the same. In one form or another, every women’s issues, juvenile rights, and homelessness. LAB student grapples with three fundamental challenges: “You can’t call yourself an artist until you throw issues of privilege and poverty; learning how to plan a a pot or put oil on canvas. Being a lawyer is a craft case; and being a novice attorney. Emily Twiss ’08 sums and students need to learn the skills as well as theory it up this way: “I’m going to be handling these real is- and doctrine. They won’t know the craft unless they sues in someone’s life that can affect their future. Are practice,” says Academic Dean Michael Cassidy. they going to look at me and sort of roll their eyes and At BC Law, 70 percent of students participate think, ‘Oh, good Lord’?” she says. in a clinic before graduating. Take a look at how the The issue of a LAB student’s relative youth and inex- family of clinical opportunities at BC Law has grown: perience—and how those qualities needn’t be a barrier to effective lawyering—was on display at the Waltham District Court one morning this spring. At least five at- CLINICS OFFERING IN-HOUSE DIRECT SERVICE torneys on the middle age spectrum, each wearing the ■ Advanced Immigration Law: blue pinstripe uniform favored by male litigators, had Seminar and Clinic found chairs in the area past the bar, before the judge’s bench. In walked Patrick Dorsey ’08 and his Civil Liti- ■ Civil Litigation Clinic (a LAB clinic) gation Clinic supervisor, Maritza Karmely, the pair of ■ Community Enterprise Clinic (a LAB clinic) them looking like that old Sesame Street tune, “One of ■ These Things Is Not Like the Others.” Karmely in her Criminal Justice Clinic power suit stood out as the only woman lawyer. Twen- ■ Housing Clinic (a LAB clinic) ty-something, slim, and not entirely at ease in his own ■ Immigration Law Clinic blue pinstripe, Dorsey towered over almost everyone in the courtroom. This was Dorsey’s second time ever in ■ Juvenile Rights Advocacy Project court. At issue was whether his client owed rent for a ■ Women and the Law (a LAB clinic) five-week period in the winter when the landlord failed to provide heat and hot water. The judge continued the EXTERNSHIPS matter for an evidentiary hearing and strongly urged ■ Attorney General Program Dorsey and opposing counsel to settle. As they prepared to exit the courthouse through the ■ International Criminal Tribunals: metal detector at the main entrance, Karmely advised Theory and Practice Dorsey to write a to-do list to prepare for the hearing. ■ London Program Dorsey asked whether he should dig up blueprints on ■ the boiler in his client’s building. Karmely looked at her Semester in Practice student. “Dive in, man,” she told him. ■ Judge and Community Courts ■ Judicial Process Jeri Zeder has been writing for the BC Law Magazine since it covered LAB’s 30th anniversary in an article by —JZ Julie Michaels published in 1998.

SPRING / SUMMER 2008 | BC LAW MAGAZINE 29 [ F ACULTY] NEWS & RESEARCH BRAD YEO

- SCHOLAR’S FORUM- A New View of Global Tax

by Professor Diane Ring

ations have always been especially protective of their right to levy taxes and collect revenue. Not surprisingly, tax conflicts erupt between nations and failure to resolve these disagreements can be costly to states and to taxpayers. However, recent research focusing on why taxing powers are important and

Nwhat factors enable states to manage their conflicts result could be double taxation. If both countries had a offers valuable insights for new tax cooperation. 50 percent tax rate, double taxation would not simply Governments rely heavily on taxes to fund their oper- discourage cross-border business, it would eliminate the ations. If business transactions subject to tax are entirely profit because Corporation A would pay half a million domestic, a country wields considerable power to imple- in taxes to both Country A and Country B. How might ment a tax system and collect the designated taxes. But, Country A and Country B arrive at a plan to coordinate if the transactions cross national borders, who taxes their taxation? What factors could improve the likeli- them? And, perhaps most important, what happens hood of their reaching agreement? when countries disagree? The international tax literature Cross-border conflict is not confined to taxation; vir- has devoted tremendous resources to considering sub- tually all social and commercial behavior can generate stantive issues in international taxation. Little attention, international disagreement. The international relations however, has been directed to how conflict is handled— field extensively studies interactions among nations— essentially the “relations” aspect of international tax. and regime theory specifically examines how and under Yet resolution of tax conflict is crucial to the growth what circumstances agreement (i.e., a regime) can be of international commerce. Consider what would hap- reached internationally. Although the analyses in inter- pen if Corporation A from Country A set up a sales national relations rarely use taxation as a case study, we office in Country B and sold widgets, earning $1 million can bridge that gap from the tax side by exploring the in profit; both countries would likely tax the $1 million. application of regime theory to case studies from inter- Unless the two countries establish a mechanism for pri- national tax. oritizing which country gets to tax the $1 million, the (continued on page 52)

30 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ F ACULTY]

PROFILE An Interpreter of Codes

JIM REPETTI ’80 REDEFINES THE MEANING OF ‘THE TAX MAN’

ames Repetti must be one of the few Repetti has shaped the terms in which tax Harvard undergraduates to have law is understood through his co-author- Jbeen invited to run for the Boston ship of texts, including Partnership School Committee. “I thought I was Income Taxation and Federal Wealth going to go into politics,” says the genial Transfer Taxation. He has also consulted tax law professor, whose political educa- to the IRS, and was recently elected to the tion began at age three when he would go Association of American Law Schools door to door with his father in their Tax Section Executive Committee. His South Boston neighborhood, canvassing most recent contribution to raising the for state representative John Joseph profile of the tax department has been a “Joe” Moakley. series of tax policy workshops co-orga- Grassroots political activism only lost nized with his colleague, Diane Ring, that its appeal after Repetti put in a post-Har- has brought nationally recognized guest vard stint as one of Moakley’s campaign speakers to present papers to faculty managers during his bid to be re-elected to from BC and other Boston area schools. the US Congress, in 1975-’76. Repetti also finds time to run town “At that point, I realized I was truly a committees, coach soccer, act as a scout- nerd,” says Repetti, laughing. The drudgery master, rove the global airwaves as an ama- of campaign organization—statistical teur radio operator, and be a hands-on analysis of voting patterns, staging appear- father to his three children. ances and house parties—did not satisfy But not to clear his desk. “I’m one of the appetite for debate about ideas and the- As a nationally noted tax law scholar, whose those people who’s messy, and I don’t ories kindled by his study of economics at strong economics background gives weight to his know where everything is,” he says, step- Harvard. His fascination with fundamental work on tax policy, Repetti has shaped the terms ping over canvas tote bags full of draft social structures led him from economics to in which tax law is understood. textbook chapters to reach a book from a law, and ultimately to tax law, which he has taught at BC Law since 1986. “A lot of the underlying issues in tax are REPETTI AIMS TO GIVE STUDENTS a broad vision of distributive justice issues and economic efficiency issues, so I found it really inter- how the tax code holds up a mirror to society: “It’s a pretty esting,” says Repetti, whose introduction to the intricacies of tax law came in the accurate picture of what we think is important, things that course of one of his earliest cases as a young associate at the Boston law firm of we want to change, and things that we don’t want to change.” Ropes & Gray. Most students who sign up for Tax I are “worried they’re going to be bored to things that we want to change, and things shelf. Pictures of ducks, a snowy view of death,” Repetti admits. that we don’t want to change.” Waterville Valley in New Hampshire, and But even in a short conversation with If Repetti could rewrite the tax code, a framed chart of Nantucket Sound this passionate advocate of the social rele- how would it look? “We need to reduce the reflect Repetti’s favorite outdoor pur- vance of tax law, it’s easy to see why they rates on lower income individuals, raise the suits: sailing, duck-hunting, fly-fishing, change their minds. (In 1999, the entire rates on investment income, retain the estate and skiing. student body voted Repetti to be the first tax and eliminate the corporate In 2004, Repetti organized a conference recipient of an award for excellence in tax. We have a corporate tax structure we’re at BC Law with the title: “Your Life and teaching.) He aims to give students a not collecting much revenue from,” he says. the Law: Is It Possible to Maintain a broad vision of how the tax code holds up As a nationally noted tax law scholar, Balance?” His own experience answers a mirror to society: “It’s a pretty accurate whose strong economics background the question. picture of what we think is important, gives weight to his work on tax policy, —Jane Whitehead

SPRING / SUMMER 2008 | BC LAW MAGAZINE 31 An Hour a Day A childhood pastime turns into a lifetime pleasure for Professor Alan Minuskin, who practices faithfully. [ FACULTY] FEATURED FACULTY

BENCHMARKS- For a fairly small law school, these three Freshmen Orientation new hires represent

by Academic Dean R. Michael Cassidy an “unusually large” entering class.

he Law School hired three new faculty members in 2007–2008: an expert on European Union Law and com- T parative constitutional law, Vlad Perju; an intellectual property scholar, David Olson; and a poverty lawyer who special- izes in family law and domestic violence, Maritza Karmely. For a fairly small law school, these three new hires represent an unusually large “entering class.” But with expected faculty retirements and a strategic plan that calls for further projected growth, this may be TIM MORSE R. MICHAEL CASSIDY just the beginning. I expect that the Law School will hire two to three new faculty members per year for the next ten years. The law profession is perhaps unique in assuming that successful law students and legal practitioners will become successful teachers and legal scholars. Law schools, Boston College included, always try to hire the best and the brightest. The assumption is that graduates of fancy schools with fancy clerkships who work for fancy law firms will MARITZA KARMELY become successful professors. In following this well-worn path, law schools take a gam- Assistant Clinical Professor ble; the traits and skills necessary to succeed in the classroom may not be exactly the same qualities that are essential for success in the practice or study of law. Beginners once found job training and advice (if they found it at all) anecdotally at the water cooler or at the faculty lunch table. This highly informal approach to academic cul- turalization is risky, and probably ineffective. The notion of “sink or swim” may work for Marines in the pool at Camp Lejeune, but it is not a very good way to run a law school. At BC we are beginning to recognize that we can do a much better job at training, mentoring, and orienting new faculty. This year we began to assign new faculty members a mentor in their respective fields from among the more senior faculty. The responsibility of the senior faculty mentor is to be available to advise new hires on the responsibilities and demands of the profession. How do I deal with a difficult student in class? How can I make the best use of a research assistant? Where should I be publishing my first paper? We have also begun to require that faculty members visit each other’s classes more regularly. Each new faculty member will have his or her classes visited twice in their first two years of teaching—once by the senior faculty mentor and once by the Academic Dean. VLAD F. PERJU The new hires, in turn, will be encouraged to attend and observe the classes of more expe- Assistant Professor rienced teachers in order to absorb classroom strategies that work. Finally, the faculty will meet as a group regularly to talk about issues of pedagogy. Most faculty colloquia at BC in the past have focused on scholarship, and have consisted primarily of professors coming together to hear the results of a colleague’s research on cutting edge legal issues. Once or twice a year, our monthly colloquia will be devoted to teaching issues—such as how to successfully utilize multi-media in the classroom, how to make use of digital casebooks, strategies for involving students in the presentation of papers during seminars, etc., etc. Just last month, the law faculty continued this new initiative by coming together to discuss strategies for successfully engaging issues of race and diversity in the classroom. Maritza, Vlad, and David have already begun to distinguish themselves—both in the classroom and in the academy. Perhaps they would have done so without our increased attention. But a true community must take responsibility for the professional formation of all of its members. After all, good teachers are made, not born. DAVID S. OLSON Assistant Professor DANA SMITH

SPRING / SUMMER 2008 | BC LAW MAGAZINE 33 [ F ACULTY] Academic Vitae Compiled and Edited by Deborah J. Wakefield

ALEXIS J. ANDERSON Orders: Festschrift in Honor of and American Public Life at dex.html. Review of Winning Associate Clinical Professor Prof. Dr. Frans Vanistendael. Edi- Boston College. Legal Strategies for Insurance tors: Luc Hinnekens, Philippe Hin- Law. Legal Information Alert 26: Works in Progress: With Norah nekens, 53–63. Alphen aan den New Appointments: Appointed to no. 6 (June 2007): 12. Wylie. “Beyond the ADA: How Rijn: Kluwer Law International, the Editorial Board of the Associ- Clinics Can Assist Law Students 2008. ation of American Law Schools Other: Developed the Insurance with ‘Non-Visible’ Disabilities Journal of Legal Education. Law Research course offered for Bridge the Accommodations Gap Presentations: “The Role of Tax the first time at BC Law in Spring between Classroom and Practice,” Treaties,” Organization for Eco- ROBERT M. BLOOM 2008. Clinical Law Review (forthcoming nomic Cooperation and Develop- Professor 2008). ment Global Forum on Interna- Recent Publications: “Federal MARK S. BRODIN tional Investment, Paris, France, in Professor Presentations: With Norah M. Rules of Civil Procedure. Rule March. Wylie. “Beyond the ADA: How 55–Default Judgment.” Moore’s Activities: Discussion leader at the Clinics Can Assist Law Students Federal Practice, 3rd ed. Newark, “Jena 6” event sponsored by the DANIEL L. BARNETT with ‘Non-Visible’ Disabilities NJ: LexisNexis, 2007. “The Story BC Law chapter of the National Associate Professor of Legal Bridge the Accommodations Gap of Pottawatomie County v. Lind- Lawyers Guild in Sept. Reasoning, Research, and Writing between Classroom and Practice,” say Earls: Drug Testing in the Pub- New England Clinical Conference, Recent Publications: “Form Ever lic Schools. In Education Law Other: Benched the BC Law Fred- BC Law in Nov. Follows Function: Using Technol- Stories, edited by Michael A. Oli- erick Douglass Moot Court Team ogy to Improve Feedback on Stu- vas, Ronna Greff Schneider, in Feb. FILIPPA MARULLO ANZALONE dent Writing in Law School.” 337–369. New York: Foundation Professor and Associate Dean for Valparaiso Law Review 42 Press, 2008. GEORGE D. BROWN Library and Computing Services (2008): 755–795. Robert F. Drinan, SJ, Works in Progress: “Accounting Professor of Law Recent Publications: “Servant KAREN S. BECK for Federalism in State Courts’ Leadership: A New Model for Law Recent Publications: “Political Curator of Rare Books and Exclusion of Evidence Obtained Library Leaders.” Law Library Judges and Popular Justice: Con- Collection Development Librarian Lawfully by Federal Agents.” Uni- Journal 99 (Fall 2007): 793–812. versity of Colorado Law Review. servative Victory or Conservative Presentations: “The Working “Border Searches, Terrorism, and Dilemma?” William and Mary Law Activities: Member of the Ameri- Lawyer’s Law Library in Nine- the Fourth Amendment.” Missis- Review 49 (2008): 1543–1619. can Bar Association site evaluation teenth-Century America: A Look sippi Law Journal. teams for Charleston School of at Some Evidence,” at the BC Law R. MICHAEL CASSIDY Law, Charleston SC, in Sept. and Legal History Roundtable in Dec. Presentations: Debate on Fourth Professor and Associate Loyola Law School–Los Angeles Amendment Issues in Homeland Dean for Academic Affairs in March. Other: Curated Recent Additions Security Law, Washington, DC, in Activities: Panelist, “Student Voca- to the Collection on exhibit in the Feb. “Border Searches, Terrorism, tional Discernment: Sparking the New Appointments: Chair of the Daniel R. Coquillette Rare Book and the Fourth Amendment,” Uni- Spiritual, Moral, and Professional Association of American Law Room of the Law Library through versity of Mississippi School of Formation of Young Adults (and Schools Committee on Libraries mid-June 2008. Law, University, MS, in April. us too!),” Religiously Affiliated and Technology; chair of the BC “The Story of Pottawatomie Law Schools Spring 2008 Confer- Law Admissions Committee; and MARY SARAH BILDER County v. Lindsay Earls: Drug ence, BC Law in April. member of the Boston College Professor Testing in Public Schools,” Uni- University Librarian Search Com- Recent Publications: The Transat- versity of Cincinnati College of MARY ANN CHIRBA-MARTIN mittee. lantic Constitution: Colonial Law, Cincinnati, OH, in April. Assistant Professor of Legal Legal Culture and the Empire. Reasoning, Research, and Writing Other: Consultant to the Univer- Paperback edition. Cambridge, KAREN BREDA sity of Hawaii Law School Library Presentations: “National Health MA: Harvard University Press, Legal Information Librarian in Sept. and the Phoenix School of Policy and the 2008 Presidential 2008. “Idea or Practice: A Brief and Lecturer at Law Law in Jan. Elections: Proposals, Problems, Historiography of Judicial Recent Publications: “Guide to and Possibilities,” Harvard Med- Review.” Journal of Policy History HUGH J. AULT Citation of Unpublished State ical School in Boston in Feb. 20 (Winter 2008): 6–25. Professor Court Opinions.” 16th National Legal Research Teach-In (2008). Activities: Served on the Final Recent Publications: With Mit- Presentations: “James Madison, Available online at http://www. Selection Committee for the Albert suhiro Honda. “Japanese CFC Law Student,” Harvard Law aallnet.org/sis/ripssis/TeachIn/200 Schweitzer Fellowship Program. Rules Consistent with Treaty, School Faculty Workshop Series in 8/index.html. “Guide to Citation Court Holds.” Tax Notes Interna- March. of Unpublished Federal Court DANIEL R. COQUILLETTE tional 49 (2008): 875–877. “Cur- Opinions Issued Before January 1, J. Donald Monan, SJ, rent Developments in Procedures Activities: Participant, “Ways of 2007.” 16th National Legal Professor of Law for the Resolution of International Knowing and Catholic Intellectual Research Teach-In (2008). Avail- Tax Disputes.” In Vision of Taxes Traditions” 2007–2009 faculty able online at http://www.aall- Recent Publications: With Neil Within and Outside European seminar, Boisi Center for Religion net.org/sis/ripssis/TeachIn/2008/in Longley York. Portrait of a

34 BC LAW MAGAZINE | FALLSPRING / WINTER / SUMMER 2004 2008 [ F ACULTY]

Patriot: The Major Political and Presentations: “Evaluating the Works in Progress: With Gordon Boston, in Nov. Moderator of the Legal Papers of Josiah Quincy Jr., New IMF Emphasis on Crisis Pre- Smith. “Debate: Can Corporate “Corporate Responsibility and vol. 3, The Southern Journal (1773). vention,” International Law Asso- Law Save the World?” Emory Law Reform” panel, 2008 Law Review Boston, MA: Colonial Society of ciation International Law Journal (forthcoming). “Corpo- Symposium: “The Bhopal Disas- Massachusetts, 2007. With G. P. Weekend 2007, New York, NY, in rate Ethics in a Devilish System.” ter Approaches 25,” New Eng- Joseph, S. Schreiber, J. S. Solovy, and Oct. “The Moral Hazard Problem Journal of Business and Technol- land School of Law, Boston, G. M. Vairo, editors. Moore’s Fed- in Global Economic Regulation,” ogy Law (forthcoming 2008). in Feb. eral Practice. 3d ed., 2007 update. International Association of Law “Stakeholders and Naysayers: An Newark, NJ: LexisNexis, 2007. Schools conference entitled “The Answer to Critics.” Case Western Other: Named 2007–2008 distin- Law of International Business Reserve Law Review (forthcoming guished faculty fellow of the Cen- Presentations: “Gender and Har- Transactions: A Global Perspec- 2008). ter on Corporations, Law, and vard Law School,” Nieman Foun- tive,” Bucerius Law School, Ham- Society at Seattle University dation Lecture, Harvard Uni- burg, Germany, in April. Presentations: “The Failure of School of Law. Authored “Red versity in Oct. “Josiah Quincy Jr. Corporate Law: Fundamental Sox and Blue Voters,” a blog essay and the Ideology of the American JOHN H. GARVEY Flaws and Progressive Possibili- on HuffingtonPost.com, October Revolution,” Rowfort Lecture, Dean ties,” Michigan Lawyer Chapter 11, 2007; and “Supreme Court Cleveland, OH, in Dec. “Josiah of the American Constitution Preview: The Most Important Presentations: “Institutional Plu- Quincy Jr. and the Early Issues of Society for Law and Policy, Case You Haven’t Yet Heard ralism,” presidential lecture, Asso- Race and Gender in Pre-Revolu- Detroit, MI, in Oct. “The Failure About—The Stoneridge Case and ciation of American Law Schools tionary America,” Quincy (MA) of Corporate Law,” invited lec- ‘Scheme’ Liability Under Federal (AALS) 2008 Annual Meeting, Historical Society in Feb. “Francis turer, University of Mississippi Securities Laws,” a guest blog on New York, NY, in Jan. “American Bacon and Modern Library Sci- School of Law, Oxford, MS, in ACSblog.org, October 9, 2007. Law Schools: Envy of the World or ence,” Armstrong Dinner Speech, Nov. “The Possible Gains from American Motors before the Boston Athenaeum in March. Stakeholder Governance,” Law INGRID MICHELSEN HILLINGER Fall?” the Federalist Society’s 10th Review Symposium: “Corpora- Professor Annual Faculty Conference, New tions and Their Communities,” Activities: Attended the American Presentations: “The Meaning of York, NY, in Jan. “Church Auton- Case Western Reserve University Academy of Arts and Sciences Fri- Rejection: A Snipe Hunt?” Federal omy,” Georgetown University School of Law, Cleveland, OH, in day Invitational Lunch Series in Judicial Center, Austin, TX, in Law Center, Washington, DC, in Jan. Faculty colloquium, Univer- Oct. and Feb. Attended the fol- Sept. and Baltimore, MD, in April. March. “Religious Authority and sity of California–Berkeley lowing Judicial Conference of the “The Meaning of Bankruptcy for Academic Freedom,” Creighton Department of Political Science in United States meetings: Criminal State Court Judges,” Flaschner University, Omaha, NE, in March. Nov. and the University of Indi- Rules Advisory Committee, Salt Institute, Newton, MA, in Dec. Lake City, UT, in Oct.; Appellate ana University School of New Appointments: Named the Law–Indianapolis in Feb. “The Rules Advisory Committee, Activities: Group discussion 106th president of the AALS at the Impact of Privatization on Non- Atlanta, GA, and the Civil Rules leader, Bankruptcy Bar Associa- organization’s annual meeting. shareholder Stakeholders,” con- Advisory and Evidence Rules tion of the Southern District of Advisory committees, Washing- ference entitled “The ‘Going JANE KENT GIONFRIDDO Florida Retreat, Palm Beach, FL, ton, DC, in Nov.; and the Stand- Private’ of US Capital Markets,” Associate Professor of Legal in May. ing Committee on Rules, Los Brooklyn Law School, Brooklyn, Reasoning, Research, and Writing NY, in Feb. Angeles, CA, in Jan. Attended the New Appointments: Appointed to annual meetings of the Colonial Recent Publications: “Thinking Activities: Moderator of the the LexisNexis Transactional Society of Massachusetts in Nov. Like a Lawyer: The Heuristics of Practice Advisory Board. and the Grolier Club of New York Case Synthesis.” Texas Tech Law Boston College Environmental Affairs Law Review 2007 Sym- in Jan. Attended a meeting of the Review 40 (2007): 1–36. Other: Named honoree of the First Moore’s Federal Practice Editorial posium, “The Greening of the Corporation,” BC Law in Oct. Circuit Fellows of the American Board, New York, NY, in Jan. New Appointments: Co-chair of College of Bankruptcy in Jan. the Legal Writing Institute Elec- Member of the Roundtable on Corporate Ethics, the Sixth Recipient of the Inspirational Other: Vice president of the Coun- tions Committee. Editor-in-chief Achievement Award presented by cil of the Colonial Society of Mass- of a new monograph series to be Annual Business Law Confer- ence, “The Sarbanes-Oxley Act the Business and Law Society at achusetts. published by the Legal Writing BC Law. Authored a series of Institute. of 2002, Five Years Later: Assessing Its Impact, Charting expert commentaries on Article 9 FRANK J. GARCIA cases in LexisNexis. Professor and Director KENT GREENFIELD Its Future,” University of Mary- land School of Law, Baltimore, of the Law and Justice in the Professor GAIL J. HUPPER Americas Program MD, in Oct. Member of the Recent Publications: “Reclaim- “How Law Constructs Wealth Director of LL.M. and Recent Publications: “A ‘Fair’ ing Corporate Law in a New Patterns” panel, “Wealth International Programs Trade Law of Nations, or a ‘Fair’ Gilded Age.” Harvard Law and Inequality and the Eroding Mid- Presentations: “The Rise, Fall, and Global Law of Economic Rela- Policy Review 2, no. 1 (Winter dle Class” conference of the Rise of an Academic Doctorate in tions?” Alberta Law Review 45, 2008): 1–32. “A New Era for UNC Center on Poverty, Work Law: A Case Study in Legal Trans- no. 2 (November 2007) 303–317. Corporate Law: Using Corporate and Opportunity and the Amer- plantation,” Association of Amer- Governance Law to Benefit ican Constitution Society for ican Law Schools (AALS) Section Works in Progress: “Evaluating All Stakeholders.” In Paper Law and Policy, University of on Graduate Programs for Foreign IMF Crisis Prevention as a Matter Series on Corporate Redesign, North Carolina at Chapel Hill, Lawyers, AALS 2008 Annual of Global Justice.” ILSA Journal Allen White and Marjorie in Nov. Member of the “Critical Meeting, New York, NY, in Jan. of International and Comparative Kelly, editors, 19–28 (Nov. Issues in the Coming Decade” Law (forthcoming 2008). “The 2007). Also available online at plenary session and discussion Activities: Member of the “Build It Moral Hazard of Global Eco- http://www.corporation2020.org group leader, Summit on the and They Will Come: Responsible nomic Regulation.” /SummitPaperSeries.pdf. Future of the Corporation, Growth of Post-Graduate Law

SPRING / SUMMER 2008 | BC LAW MAGAZINE 35 [ F ACULTY]

Presentations: “Civil Procedure on Guantanamo detention cases and the Establishment Clause: with lawyers from Bingham Exploring the Ministerial Excep- McCutchen LLP. Comings and Goings tion, Subject Matter Jurisdiction, and the Freedom of the Church,” SANFORD N. KATZ FACULTY, STAFF CHANGES faculty colloquium, Villanova Uni- Darald and Juliet Libby versity School of Law, Villanova, Professor of Law PA, in Oct. usiness law specialist member of the BC Law facul- Works in Progress: Adoption in Brian Quinn will join ty since 2003, has been pro- Activities: Moderator of the America. West Publishing Co. the BC Law School fac- moted to Associate Professor “American Catholics and Election THOMAS C. KOHLER B Professor ulty this fall. “This is an with tenure. 2008: Issues of Conscience” panel important first step in Henry Clay has retired as co-sponsored by the Church in the Recent Publications: “Body and strengthening our business Associate Dean for Adminis- 21st Century Center and the The- Soul.” Boston College Magazine law curriculum,” said Dean tration after six years. He will ology Department at Boston Col- 67, no. 4 (Fall 2007): 34–43. lege in March. John Garvey. “Brian is a remain a part of the commu- Presentations: “Work and the Dig- dynamic teacher and scholar nity as a lecturer. Promotions: Promoted to associate nity of Man,” Boston Leadership and will be a wonderful addi- Rosemary Daly ’87 has professor with tenure in Feb. Forum in Nov. “Who is an tion to our faculty.” replaced Thomas Carey ’65 Employee?” 2008 Session of the Quinn, who comes to BC as Director of Advocacy Pro- DANIEL KANSTROOM Harvard Trade Union Program and Law from Stanford Law grams. Carey has become of Clinical Professor and Director the Labor and Worklife Program at of the International Human Harvard Law School in Jan. “Labor School, where he was a Cor- counsel at Dwyer and Collo- Rights Program Practices and the Dignity of Work- porate Practice Fellow, will ra but will continue to teach ers: Insights from the Social Teach- Recent Publications: “Two Misun- focus on corporate law and Appellate Advocacy. Daly ings of the Church,” Elmbrook derstandings about Immigration” Student Center, Cambridge, MA, in mergers and acquisitions. In spent twenty-one years in The History News Network Feb. “A Study in Ideal Anti-Types: his second year, he will add state service as an appellate (November 12, 2007). Available Executive Status, and Labor Mar- an innovative course called attorney with the Middlesex online at http://www.hnn.us/ ket Regulation in Comparative Per- articles/44095.html. the “Art of the Deal.” and Suffolk County District spective,” at a conference entitled Quinn holds his under- Attorneys offices. “Position and Function of Execu- Works in Progress: After Deporta- graduate degree from George- Maris Abbene ’87, who tive Staff Members in the Labour tion: Law and the New American Law of Different Countries” spon- town University, a Masters of has been Career Services Diaspora. Public Policy from Harvard, Director since 2002, has been sored by the University of Reutlin- gen and the University of Frankfurt, and his JD from Stanford. promoted to Assistant Dean Presentations: “Human Rights and Reutlingen, Germany in April. Gregory Kalscheur, SJ, a in charge of Career Services. Deportation,” Marquette Univer- sity, Milwaukee, WI, in Oct. New Appointments: One of seven “Deportation Nation,” Boisi Cen- American legal scholars invited to Programs” panel sponsored by the Professor Tamar Frankel of Boston ter for Religion and American join “Voices at Work: Legal Effects AALS Section on Postgraduate University Law School for the Oral Public Life at Boston College, on Organisation, Representation, Legal Education, AALS 2008 Histories of Women Trailblazers in Chestnut, Hill, MA; and MIT, and Negotiation,” a transnational Annual Meeting. the Law project of the American Bar Cambridge, MA, in Oct. comparative research project at Association Commission on Oxford University. Named to the New Appointments: Reappointed Women in the Profession. Activities: With the Center for Board of Directors of the Catholic to the Executive Committee of the Human Rights and International Scholars for Worker Justice. AALS Section on Graduate Pro- GREGORY A. KALSCHEUR, SJ Justice at Boston College, grams for Foreign Lawyers. launched a major empirical study Associate Professor Other: Interviewed for “Water- of the effects of deportation on front Revisited: 60 Years Later,” a Other: Taught a course entitled Per- Recent Publications: “Catholics in families and communities. Moder- study by Anup Kaphale, Tim spectives on the US Legal System at Public Life: Judges, Legislators, ator, “Deportation/Post-Deporta- Peterson, and Olivia Pratten, the University of Paris X–Nanterre, and Voters.” Journal of Catholic tion Law and Human Rights” available online at web.jrn. Paris, France, in April. Legal Studies 46 (2007): 211–258. plenary session, Immigration Law columbia.edu/newmedia/2008/ Teachers Workshop 2008, Univer- masters/ waterfront/. RENEE M. JONES Works in Progress: “Conversation sity of Miami, Coral Gables, FL, Associate Professor in Aid of a ‘Conspiracy’ for Truth: in May. A Candid Discussion about Jesuit JOSEPH P. LIU Works in Progress: “Sarbanes- Associate Professor Law Schools, Justice, and Engag- New Appointments: Named direc- Oxley’s Insight: The Role of Dis- ing the Catholic Intellectual Tra- tor of the BC Law London Pro- Recent Publications: “Enabling trust.” Journal of Business and dition.” Gonzaga Law Review gram for Spring 2008. Appointed Copyright Consumers.” Berkeley Technology Law (forthcoming (forthcoming 2008). “Civil Proce- to the American Bar Association Technology Law Journal 22 2008). dure and the Establishment Immigration Commission Advi- (2007): 1099–1118. Clause: Exploring the Ministerial sory Board in April. New Appointments: Elected to Exception, Subject Matter Juris- RAY D. MADOFF membership in the American Law diction, and the Freedom of the Other: Featured in a documentary Professor Institute. Church.” William and Mary Bill film on deportation presented at Recent Publications: With Cor- of Rights Journal (forthcoming Tufts University, Medford, MA, Other: Completed an oral history of nelia R. Tenney and Martin A. 2008). in Dec. Pro bono consultant

36 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ F ACULTY]

Hall. Practical Guide to Estate nications Law Conference spon- Presentations: Lecturer, Water Establishments, edited by Irene J. Planning. 2008 edition. Chicago: sored by the Practicing Law Insti- Resources Case Studies Series, Yale J. Burgers et al. (Update 30, CCH, Inc., 2007. tute, New York, NY, in Nov. Graduate Program in Environmen- December 2007.) Amsterdam: Moderator of the Section on tal Studies, Yale University, New International Bureau of Fiscal Works in Progress: With James Women in Legal Education panel, Haven, CT, in Jan. “The Science of Documentation, 1993–2007. Andreoni. “Judicial Discretion “National Security and Gender,” the Endangered Species Act in Works in Progress: With Chris- and Pre-Trial Settlement.” Association of American Law National Policy and Politics,” tians, Dean, and Rosenzweig. Schools (AALS) 2008 Annual Brandeis University Program in “Taxation as a Global Socio-Legal Presentations: “The Body in Amer- Meeting, New York, NY, in Jan. Environmental Studies Program, Phenomenon.” ILSA Journal of ican Law: An Historical Perspective,” New Appointments: Appointed Waltham, MA, in April. “The Law, International and Comparative symposium entitled “Contested secretary of the AALS Section on Science, and Politics of a Classic Law (forthcoming 2008). “What’s Commodities: Reframing the Mass Communication Law and Environmental Litigation,” at a at Stake in the Sovereignty Debate on Financial Incentives in treasurer of the AALS Section on symposium entitled “TVA v. Hill: Debate? International Tax and the the Supply of Genetic Material,” National Security Law. A 30-Year Retrospective on the Nation-State.” With Plambeck University of Chicago Law School, Legendary Snail Darter Case,” and Katz. “US Income Taxation of Chicago, IL, in April. VLAD PERJU University of Tennessee College of Foreign Corporations.” BNA Tax Assistant Professor Law, Knoxville, TN, in April. Management Portfolio (forthcom- Activities: Attended a meeting of Works in Progress: “Reason and ing 2008). International Dynam- the American College of Trusts Authority in the European Court Activities: Lecturer, “Environmen- ics of International Tax. and Estate Counsel (ACTEC) of Justice.” Virginia Journal of tal Law, Public Participation, and Legal Education Committee, Boca International Law (forthcoming, Community Action” workshop, Presentations: “What’s at Stake in Raton FL, in March. 2008). “Fundamental Rights, Con- Green Corps Leadership Training the Sovereignty Debate? Interna- stitutional Values, and the Province Program in Boston in Oct. tional Tax and the Nation-State,” New Appointments: Appointed of Cosmopolitan Jurisprudence.” Harvard Tax Policy Seminar in director of the ACTEC Founda- “Courts and the Turn to ‘New JAMES R. REPETTI March. “Sovereignty and Interna- tion. Governance’ in European Legal Professor tional Tax Policy,” International Thought.” Law Association International Law MARY ANN NEARY Works in Progress: “Democracy and Weekend, New York, NY, in Oct. Associate Law Librarian for Opportunity: A New Paradigm in Presentations: “Fundamental Tax Equity.” Vanderbilt Law Education and Reference Services Rights, Constitutional Values, and Activities: Panel discussant, and Lecturer in Law Review (forthcoming 2008). Federal “Using the Tax System to Promote the Province of Cosmopolitan Wealth Transfer Taxation: Cases New Appointments: Appointed Jurisprudence,” faculty collo- Investment in Low-Income Coun- and Materials. New York: Founda- tries: An Illustration of Good BC Law representative to the quium, Washington and Lee tion Press, (forthcoming 2008). Boston College Academic Tech- University School of Law, Lexing- Intentions, Bad Results,” 2008 Critical Tax Conference, Florida nology Advisory Board in Sept. ton, VA, in Feb. “Reason and Presentations: “Democracy and Authority in the European Court State University College of Law, Opportunity: A New Paradigm for Tallahassee, FL, in April. Activities: Attended a conference of Justice,” International Law Col- Tax Equity,” Loyola Law School entitled “Teaching the Teachers: loquium at BC Law in April. Tax Policy Colloquium, Los Ange- Effective Instruction in Legal Other: Taught a course entitled les, CA; and at the Third Annual International Tax–Transfer Pric- Research,” Jamail Center for Legal Activities: Taught Theory of the International Taxation Symposium, Research, University of Texas at State, an intensive course for mas- ing as part of program for Mexi- University of Florida Levin College can government officials and Austin School of Law in Oct. ters’ students at the European of Law, Gainesville, FL, in Nov. Academy of Legal Theory, Brus- practitioners at the Instituto Tech- nólogico Autónomo de México, DAVID S. OLSON sels, Belgium, in March. Judged Activities: Panel discussant, Mexico City, Mexico, in Nov. Assistant Professor the US Regional Finals of the Euro- “Replacing the Estate and Gift Tax pean Law Moot Court Competi- Works in Progress: “Patentable with an Accessions Tax,” 2008 JOAN A. SHEAR tion, SMU Dedman School of Law, Critical Tax Conference, Florida Subject Matter: The Problem of Dallas, TX, in Feb. Legal Information Librarian and the Absent Gatekeeper.” (Septem- State University College of Law, Lecturer in Law ber 27, 2006). Available at SSRN: Tallahassee, FL, in April. Other: Member of the Editorial Presentations: “‘Why Don’t I Get http://ssrn.com/abstract=933167. Board of Legisprudence: Interna- New Appointments: Appointed to Easy Questions Anymore?’ The tional Journal for the Study of Leg- Changing Nature of Reference and Other: Non-resident fellow of the the Executive Committee of the islation. Patron Services,” 4th Northeast Stanford Law School Center for Association of American Law Regional Law Libraries Meeting, Internet and Society. Schools Section on Taxation in Dec. ZYGMUNT J. B. PLATER Toronto, ON, Canada, in Oct. Professor MARY-ROSE PAPANDREA Other: Chair of the BC Law PAUL R. TREMBLAY Assistant Professor Recent Publications: “30 Years of Appointments Committee for Notoriety: A Kaleidoscope of 2007–2008. Cited in Taxation of Clinical Professor Presentations: “Student Speech Lessons from the Eastern District of Wealth Transfers within a Family: Recent Publications: “Forming Rights and the Internet,” Second Tennessee’s Biggest Fish Story Ever.” A Discussion of Selected Areas for Involuntary Client Relationships.” Circuit Federal Bar Council in Oct. Dicta: A Monthly Publication of the Possible Reform, a publication of Boston Bar Journal 52: no. 1 (Jan- “Student Speech Rights in the Dig- Knoxville Bar Association 35, issue 4 the Joint Committee on Taxation. uary/February 2008): 12–13. ital Age,” faculty workshop, Uni- (April 2008): 18–19. “Tiny Fish/Big versity of Cincinnati College of Battle: 30 Years after TVA and the DIANE M. RING Presentations: “Migrating Lawyers Law, Cincinnati, OH, in Jan. Snail Darter Clashed, the Case Still Professor and the Ethics of Conflict Checking” Echoes in Caselaw, Politics and Pop- as invited guest at an American Bar Activities: Member of the “Right ular Culture.” Tennessee Bar Journal Recent Publications: “United of Access” panel, 2007 Commu- 44, no. 4 (April 2008): 14–20. States.” In Taxation of Permanent (continued on page 53)

SPRING / SUMMER 2008 | BC LAW MAGAZINE 37 [ E SQUIRE] ALUMNI NEWS & CLASS NOTES Mel Robbins Is ‘Making It Happen’

LIFE COACH FINDS HER GROOVE AS ADVICE-GIVER

el Robbins ’94, says it all started Friend and coaching entrepreneur Lau- when she “fell in love with the ren Zander (founder of the Handel Group), Mcourtroom” during mock-trial took on Robbins as a client and concluded competitions in law school, when her team she was a natural coach. After training with got all the way to the national level—“it” Zander for two years, Robbins launched her being her white-hot career as a professional own coaching business in 2001. Her success advice giver. Robbins, who offers take-no- with entrepreneurs and large corporate prisoners counsel to stalled executives in clients landed her on the cover of Inc. mag- her private coaching business and pries azine in 2005. Robbins’s kick-booty style— callers out of their ruts on her daily syndi- and her svelte figure and pretty face on the cated radio talk show, Make It Happen cover—drew an immediate media offer. with Mel Robbins, knows what it’s like to About the latter, she notes that visual “get stuck in the questions.” That’s how media require both credibility and looks: she describes those times when we stray “Looks matter, no matter what people from our dreams and veer into self-doubt. say.” That said, what Robbins values most “My typical client is extremely success- are “my brains, my listening skills, my ful and stuck, and they don’t know why,” voice, and my experience to help people she says. About 80 percent of her coaching change their lives. I love radio for that rea- clients lead with a question about their son; it is all about the conversation.” career or business, but personal issues When media folks came calling, she MELISSA MAHONEY Mel Robbins often surface later. Unlike a therapist, who took a key piece of her own advice: Be mines the past, a life coach (also called a clear about what you want. That didn’t personal, business, or career coach) zeroes Get Your Own Groove Back include jumping into television. Instead, in on the present and works toward goals. with These Tips from Mel she launched her talk-radio show on Sirius “What I’m phenomenal at is sitting with in 2007. someone who’s feeling stuck in their life, ❋ Write down exactly what you want. She recently left to spin off a self-pro- helping them get incredibly clear about (Focus is half the battle, duced, nationally syndicated afternoon what they want, and helping them come so the more details the better.) show (in Boston on WXBR 1460-AM). up with an extremely simple and effective This spring Borders Media started hosting plan to get there,” says Robbins, who is ❋ Ask one person for advice, the show live from a booth in its Down- thirty-nine. every day. (It leads to more things town Crossing store in Boston, where Rob- Robbins never pictured herself practic- to do. Busy equals more confident.) bins and co-host Hank Norman banter ing law, but after getting jazzed on trials, ❋ between callers. Borders also recently took a job as a public defender in Manhat- Get involved: volunteer, network, launched two online video programs, tan after law school. “That experience gave talk to people in the field. Advice for Living with Mel Robbins, a 45- me probably 80 percent of the training I (It builds relevant connections minute, celeb-author interview show, and use now when I’m on the radio, or when I to tap later.) Hey, Mel, an advice column. The chain’s in- am coaching a private client,” she says. store television network plans to run both ❋ Anything related to what you want After marrying Chris Robbins—now an programs and video clips from the radio is an opportunity. (You’ll start owner of Stone Hearth Pizza Company, show in 500 stores around the country. seeing positive signs everywhere— based in Belmont—Mel returned with him “But here’s the thing,” says Robbins. “I that builds confidence.) to Boston when he entered business school don’t have a media coach. Every time I in the late 1990s. She tried her hand at cor- ❋ Focus on baby steps instead show up on camera I wear the wrong out- porate litigation, but “it was a horrible fit of big leaps. (They are easier and fit. I have this enormous opportunity, but I for me,” she says. A stint with a tech start- will build momentum.) feel like a fish out of water. I’m flying by up, followed by some business consulting, the seat of my pants.” left her craving something new. But what? —Jane Roy Brown

38 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ E SQUIRE] SCHOLARSHIP DINNER

The BAC in Action

BUSINESS ADVISORS ROLL UP THEIR SLEEVES

uring the April 29 telephone display during the April telephone con- conference of BC Law’s Business ference, as they exercised their roles as DAdvisory Council (BAC), reality-checkers, advisors, consultants, Christopher Mirabile ’94, chief financial and cheerleaders for the Law School. officer and general counsel of the Boston Their suggestions have led to the addi- technology firm IONA, raised a question of several new courses, including real tion. He wanted to know what the Law estate finance, commercial leases, mutual School was doing to help students devel- fund regulation, and immigration law for op “soft skills”: the judgment, team- business, according to Garvey. work, and empathy so critical to negoti- They helped recruit a new professor, ation and business productivity. Brian Quinn from Stanford University, With Mirabile and twenty-four of his who will teach corporate law, mergers peers listening in, Dean John Garvey and acquisitions, and Deals, an unusual plucked a volume of Plato off his book- course taught at Stanford where students shelf. Nearly two and a half millennia study economic theories of contracts, ago, Garvey told the group, Plato also prepare group analyses of actual transac- wondered how people learn tions, and discuss their find- and teach “judgment.” ings with the people who It was a nice melding of were involved in them. impulses—the practitioner Professor Kent Green- seeking concrete solutions, field credits the council with the academic inviting deeper inspiring him to develop a contemplation—and demon- new course, Theory and strated the council’s power to Practice of Business Deci- boost the Law School by sion-Making, which is mod- engaging the mutual wisdom James A. Champy eled on courses from the of alumni and faculty. University of Chicago. The Business Advisory Council It will bring to campus a different includes some seventy alumni who are scholar or practitioner each week to leading business lawyers or executives, explore with students a variety of issues. five faculty members, and the dean. Topics under consideration include fidu- The council was first convened in ciary duty, accounting disclosure, corpo- June of 2007 with a mission to help the rate start-up and growth, financing, Law School inform its growing busi- human resources, and more. Greenfield ness and corporate law program with has turned to the council for help in fine- real-world knowledge and anticipation tuning his selection of topics and recruit- of trends. The council helps shape ing potential presenters for the course, courses, curriculum, and opportunities which is scheduled for 2009. for the hundreds of students with Before adjourning the eighty-minute career ambitions in the business and meeting, Champy reminded attendees to corporate world. send ideas and materials to Quinn and In less than a year, under the chair- Greenfield, and invited final comments. manship of James A. Champy ’68, the Garvey took the opportunity to ask chief of Perot Systems Corporation’s the council to encourage a candidate cur- consulting practice, the council has rently teaching at the University of Geor- already helped recruit new faculty, guid- gia Law School to accept an offer to join ed the direction and development of new the BC Law faculty. “May I send you his courses, and kept the Law School contact information?” he asked. The apprised of emerging issues. telephone line crackled with a chorus of Council members’ considerable expe- alumni telling him: Yes.

rience and generosity of spirit were on —Jeri Zeder PHOTOS BY SUZI CAMARATA

39 SCHOLARSHIP DINNER [ E SQUIRE]

BC Law Enters First Capital Campaign

GOAL IS SET AT $50 MILLION

he Board of Overseers voted bly expected to hold 150—Lord said the unanimously in May to endorse level of participation this early in a cam- Tthe Law School’s participation in paign is cause for optimism. So too are the University’s $1 billion Capital Cam- the double digit increases in annual and paign. BC Law’s goal is to raise $50 mil- capital giving in the past few years. lion during a seven-year period that The University recently completed a began June 1, 2006 and concludes on strategic plan that set forth priorities for May 31, 2013. the Law School, and the development “Thanks to the backing of the Over- office has matched those priorities with seers, we are embarking on the first cam- campaign funding goals (see chart). paign in the Law School’s history, and Lord said it was incumbent on BC Law we can do it now because alumni to do its share to ensure that these strate- engagement is at unprecedented levels,” gic initiatives are achieved. said Marianne Lord, associate dean for Similar campaigns for some BC Law institutional advancement. peer and aspirant schools have enabled Citing the growth in recent years in major funding strides at Duke, Ford- volunteer leadership—the increase in the ham, and Chicago law schools. Board of Overseers to eighty full and “This is a new era for the Law School associate members, the swift rise in Busi- in terms of engagement,” Lord said. ness Advisory Council membership to “And we’re going to take advantage of more than seventy, and the establish- the energy of a university-wide effort to ment of the new alumni structure with help move our law school forward.” an eleven-member board and an assem- —Vicki Sanders

Strategic Plan Priorities and Projected Funding Goals

PROJECTED FUNDING GOAL (in millions)

FACULTY EXPENDABLE ENDOWMENT Chairs ...... $27.5 Faculty Research ...... $3.0

PROGRAMS LL.M...... $1.5 ...... $2.0 Human Rights Center/Research Centers ...... $2.0

STUDENTS Scholarships ...... $3.0 ...... $2.0 Internships ...... $0.5 Loan Repayment Assistance ...... $1.5 ...... $2.0

FACILITIES ...... $5.0 Barat House Stuart Fifth Floor Renovation Kenny Cottle Smith Wing

SUBTOTALS ...... $16.5 ...... $33.5

TOTAL ...... $50.0 PHOTOS BY SUZI CAMARATA [ E SQUIRE]

New Alumni Structure Up and Running

HANIFY HEADS LEADERSHIP TEAM

ore than a year in the making, the restructuring of the Boston MCollege Law School alumni The New Alumni Leadership association, approved by alumni by a 4 to 1 margin last winter, moved forward in THE BOARD BY PROGRAM SPECIALTY May with the appointment of nine board David Delaney ’03, Regional Chapters members, six officers, and John D. Hanify Brigida Benitez ’93, Admissions ’74 as the inaugural Alumni Board’s Lynda Connolly ’74, Advocacy Programs first president. Thomas Burton ’96, Career Services Selected by a search committee whose makeup was mandated by the new consti- John Bronzo ’74, Annual Giving tution, the leadership will serve terms of George Field ’78, Alumni Programs varying lengths while the new organization Christine Griffin ’93, Affinity Groups is being built. They hail from all over the Adam Baker ’08, Student Programs country and represent a range of class Kevin J. Curtin ’88, Classes and Reunions years. Each will focus on a specific area of responsibility (see sidebar). Dean John THE OFFICERS Garvey approved all of the search committee’s recommendations. In future years, President, John Hanify ’74 the board will be elected by a General Past President, Brian Falvey ’97 Assembly of some 150 people and the President-Elect, Denis Cohen ’76 board itself is expected to grow as Vice President, Lamar Willis ’99 needs develop. Secretary, Martin Ebel ’94 “This is the year to set down tracks that John Hanify Treasurer, Christopher Dillon ’88 will have enduring consequences,” said Hanify. “Doing things right hopefully will Associate Dean for Institutional Advancement, establish a pattern that will hold and make Marianne Lord, ex-officio this effort a great success. The first year is Chief Alumni Relations Officer, TBA, ex-officio the time to develop good habits to promote broad involvement of alums and make sure we have a focused approach to our duties and responsibilities.” Institutional Advancement Marianne Lord. SAVE THE DATE During the voting process in January, The idea of restructuring the alumni over 200 alumni expressed interest in association met some opposition last year becoming more involved in the Law from the Alumni Council, but the rigors Reunion 2008 Slated for November School. The new leadership was assembled of the debate created an opportunity to Who: Classes ending in “3” and “8” from that pool of volunteers, who will also reassess alumni engagement and spurred What: Reunion Weekend includes bar be among the first considered by board outreach initiatives that have already reviews, campus tours, a lecture, members as they put together their com- benefited the Law School community, football game, reception, mittees. “The search was complex and dif- Lord observed. and dinner. ficult” to narrow down, according to com- For example, Law Day income for loan When: November 7-9. mittee member John J. Curtin Jr. ’57, repayment assistance was up this year, more Where: Friday, Newton Campus because of the surfeit of talented alumni alumni were involved in minority applicant Saturday & Sunday, Boston Ritz-Carlton from which to choose. recruitment and admitted applicant events, Curtin’s fellow search committee mem- and annual and capital giving enjoyed dou- How: For complete schedule and accommodations options, bers were David Perini ’62, Lamar Willis ble digit increases. “These are all indicators visit www.bc.edu/lawreunion ’99, Edith Dinneen ’73, and BC Law career that our polling data, which found that 85 Contact: Ann Carey services and admissions staff Maris Abbene percent of our alumni have good feelings Associate Director of Reunions ’87 and Kim Gardner, respectively. Serving about the school and 86 percent want to be 617-552-0054 ex-officio were 2007-2008 Alumni Presi- involved somehow, are on target with our [email protected] dent Brian Falvey and Associate Dean for experience and expectations,” Lord said.

SPRING / SUMMER 2008 | BC LAW MAGAZINE 41 [ E SQUIRE]

CHAPTER VOLUNTEER

A Bit of BC Law in the Windy City

CHRIS ZADINA A FORCE IN CHAPTER LIFE

hen Christopher Zadina ’82 moved to Chicago tion more representative and service oriented. He has in 1984 to be with his new wife, he believed he helped to arrange events in which Chicago-area applicants Wwould live in the Midwest for only a few years. meet BC Law alumni to learn about not only their acade- But life never goes as planned. Zadina, now the father of mic experiences and professional careers but how the cur- three, remained in Chicago and went on to be a labor and riculum and the Jesuit mission had an impact on their per- employment litigator for the US Postal Service. sonal lives. Applicants could “ask those kinds of questions Yet through his pioneering work in organizing a BC which would allow them to make an informed decision Law alumni chapter in the Windy City in 1992, Zadina about BC,” Zadina says. has managed to bring a bit of Boston to the shores of Lake He has also organized networking events, speaker’s lun- Michigan. More importantly, over the years the chapter’s cheons, and even BC-Notre Dame tailgating parties. “I’m seventy-five members “have been able to foster that same kind of the matchmaker; I put people together,” Zadina sense of community that existed at Boston College Law says. “If I’ve had any successes, I would like to think that School,” he says. has been one of them, to be able to connect folks as they go Zadina’s efforts reflect the impact the school had on his through different life changes and career changes.” life. “The Jesuit goal of service to others was very much at While today Zadina is both a national alumni delegate the essence of the Boston College Law School experience, and Chicago chapter president, he hopes soon to “pass both through the interaction and support of faculty to the the baton” to the next generation. “I’ve been doing this students and students to students,” he says. for twenty years,” he says, “and my goal is to get more A native of New York City, Zadina moved to the folks involved in a leadership role.” Boston area during his high school years. It was then that —Stephanie Schorow and April Otterberg ’06 he heard about BC Law’s clinical service program. “I was so taken by the energy of these young professionals who were Chris Zadina ‘82 practicing law while in law school that it just generated this interest in Boston Col- lege,” he explains. “I visited the campus and fell in love with it.” He received his undergraduate degree in 1979 and his law degree three years later. His interest in the law, however, goes back even farther. When he was in the fifth grade, he wrote the bar association explaining why he wanted to be a trial attorney. The association even sent him an application to take the bar exam. He had to wait until he graduated from BC Law, of course, after which he joined a law firm in Binghamton, New York, before moving to Chicago and working as the state’s labor relations counsel. In 1985, he moved to the Postal Service and is now managing counsel for the Great Lakes area. But even as he built a Chicago-based career, Zadina maintained his BC ties. In 1988, he set out to establish an alumni

chapter and to make the alumni associa- KATRINA WITTKAMP

42 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ E SQUIRE]

Bookshelf

NATIONAL SECURITY AND O’Neill acknowledges some benefit from for intervening on foreign soil is to stop THE LEGAL PROCESS the US invasion of Iraq, saying it likely has genocide or a humanitarian debacle, as in (Oxford University Press, 2008) helped deter aggression by North Korea Kosovo or Darfur, the same challenge to By Philip D. O’Neill Jr. ’77 and Iran. find a durable legal argument will apply. Nevertheless, O’Neill finds reason for —Judy Rakowsky ational security and international cautious optimism in the effects that sanc- law were casualties of the terrorist tions and diplomacy recently had on North Nattacks of 9-11 and the preemptive Korea and Iran. “There are so many types TELL US ABOUT YOUR war in Iraq. But future policy makers must of intervention short of military force that FAVORITE FACULTY navigate the twin threats of terrorism and are very potent,” he said in an interview, proliferating weapons of mass destruction noting that Iran stopped shaping nuclear BC Law Magazine wants your and find legal ways to promote restraint warheads after its banks were paralyzed by reminiscences. Who were your best and peace, writes Philip O’Neill ’77 in his sanctions. “You can compel legal behavior teachers at BC Law School? Why? new book, National Security and the through legal process tools,” he says, but How did they shape your thinking? Legal Process. warns that sanctions don’t always affect How were you changed by them? “Let there be no more terror or ‘collat- behavior after they expire. Send your thoughts, recollections, eral damage’ through shock and awe,” he Going forward, when the US wants to and anecdotes in 250 words to editor writes in a rhetorical letter to militant fac- use force against another country, it will Vicki Sanders at [email protected] tions of the Arab world. need to work around the damage done to or BC Law Magazine, 885 Centre St., The two-volume book, destined to be a the Iraq war argument of imminent harm, Newton, MA 02459. text for law students, grew out of a need he writes. Even if the government’s motive O’Neill saw in 2001 for fresh analysis and reference material as he was teaching Boston University law students. But its real-world practicality derives from O’Neill’s thirty years of practice on the world stage. O’Neill represents American Keeping Public Employees Honest and foreign clients in matters ranging from litigation and arbitration to cross-border KAREN NOBER HEADS STATE ETHICS COMMISSION issues in up to fifty countries a year in his international general counsel practice at Edwards Angell Palmer & Dodge, where aren Nober ’87 was the winning can- than not, ethics violations arise from igno- he is a partner. An advisor to Democrats, Kdidate in January among sixty-two rance rather than corruption. So one of her O’Neill headed Senator John Kerry’s for- applicants for the position of executive chief goals is to inform as many public eign policy team during the 2006 presiden- director of the State Ethics Commission, employees as possible about the intricacies tial campaign and is advising presidential the Massachusetts agency that helps to pre- of the laws. To that end, she is exploring the candidate Senator Barack Obama. serve the integrity of public office. use of video streaming and other technolo- O’Neill’s book broadens the conversa- Her job is to educate town and state gies. She is also focused on making sure the tion on twenty-first century national securi- employees about the state’s conflict-of- agency interprets and applies the law in ty issues beyond warrant-less eavesdrop- interest and financial disclosure laws, and ways that are fair and practical. ping and the handling of detainees. It pro- to enforce those laws. It is perhaps not surprising that Nober vides a manual to the next administration In a typical recent case brought before landed the ethics post. In her two former that recommends greater self-restraint than the commission, a supervisor in the City of state positions, as deputy chief legal coun- the “good offense is the best defense,” Revere Public Works Department was sel at the Massachusetts Port Authority and which O’Neill calls the “mantra in our accused of soliciting and accepting bribes assistant general counsel with the Execu- international relations shortly after the turn from two subordinate employees. Each tive Office of Economic Affairs, she of the century.” employee admitted to paying the bribes worked tirelessly on issues involving the Long gone are the restraint of the Cold and agreed to pay a fine of $8,000. conflict-of-interest law and advising staff War days of curbing hostilities through the Nober says that there are also more on those issues. threat of mutually assured destruction, but subtle violations of the law. And more often —Natalie Engler

SPRING / SUMMER 2008 | BC LAW MAGAZINE 43 [ E SQUIRE]

Chapters Busy on Several Fronts

OUTREACH, NETWORKING ARE KEY EFFORTS

ew initiatives and expanded pro- practice. “Students entering public inter- On April 24, the Philadelphia Chapter gramming were on the agenda of est law have a broad world to navigate,” paid tribute to the Honorable John J. Gib- NBC Law’s regional alumni chap- says Lord. “We’re looking to streamline bons, director of Gibbons, PC, as he was ters this year, and during the past several the job search process for them.” awarded the Robert F. Drinan, SJ, Award. months, in particular, the chapters re- Lord says designated chapter repre- About forty alumni, from every decade newed efforts to connect with current and sentatives from DC, Chicago, Los Ange- spanning the 1950s to 2000s, attended the prospective students. les, Miami, New York, and Philadelphia event, held at the Ritz-Carlton Hotel in Collaborating with the Law School’s met via conference call recently to kick off Philadelphia. Gibbons, founder and di- admissions staff, several chapters reached the effort. rector of the John F. Gibbons Fellowship out to admitted applicants. The effort in- Alumni in Philadelphia and Washing- in Public Interest and Constitutional Law, cluded special receptions for prospective ton, DC, convened at two separate chap- is former chief judge of the US Third Cir- students at regional firms and one-on-one ter events this year. cuit of Appeals. The Law School, repre- contact by individual alumni. “We admit Homeland security was the topic of sented by Dean Garvey, honored him for fabulous students to this law school, but discussion for DC alumni in February, as his five-decade career committed to pro- many other law schools have admitted they gathered at the offices of WilmerHale tecting the rule of law in the United States, them, too,” says Marianne Lord, associ- for a presentation titled “Fourth Amend- a commitment that most recently found ate dean of institutional advancement. ment Issues in Homeland Security Law.” him defending the 600 men incarcerated “The chapter people really help us by Robert M. Bloom ’71, BC professor of at the Guantanamo Bay Naval Base. The reaching out to them and personalizing law, and Andrew J. Puglia Levy ’01, Gibbons fellowship program recently the Law School.” deputy general counsel at the US Depart- earned the top ranking from the New Jer- Chapters holding admitted applicant ment of Homeland Security, led the meet- sey Law Journal among the state’s pro receptions included Boston, hosted by ing, which was hosted by Benitez. “About bono programs. John Montgomery ’75, John Donovan twenty alumni from different profession- Also at the Drinan event, Philadelphia ’81, Mark Nuccio ’83, and Jason Dunn al areas attended,” reports DC Chapter Chapter president Walter L. McDonough ’97, at Ropes & Gray LLP; Chicago, host- representative David G. Delaney ’03, ’79 announced his successor, Stephen Im- ed by Kathleen Gilligan ’86, at Wildman, “from retired government servants to pri- briglia ’80, who took office June 1. Harrold, Allen & Dixon LLP; Washing- vate practitioners to recent grads.” —Tracey Palmer ton, DC, hosted by Brigida Benitez ’93 at Wilmer Cutler Pickering Hale and Dorr LLP; and New York, hosted by David Rievman ’87, at Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates. The REVEREND CARTAGENA NAMED HEADMASTER DC Chapter is planning to host one more admitted applicants reception this sum- The Reverend Angel M. Cartagena Jr. private school education, having attend- mer and two networking events for cur- ’88, former chair of the Public Service ed Westminster School in Simsbury, Con- rent BC Law students working in the cap- Commission of the District of Columbia, necticut, as an A Better Chance scholar. ital. has become headmaster at Montrose Before beginning his new job, Carta- Thanks to cooperation from several re- Christian School in Rockville, Maryland. gena was with BridgeLeader Network, gional chapters, this April marked the “Angel Cartagena is one of the most a diversity consulting firm. He is the first time that the annual BC Law Public impressive leaders of our time,” said Ken author of The Success Continuum: Life’s Interest Law Foundation (PILF) auction Fentress, senior pastor of the Montrose Path to Achievement and is working on went national. Using the internet, alumni Baptist Church, which founded the K-12 a master’s degree in ministry leadership. across the country were able to bid online private Christian school in 1977. “His “Reverend Cartagena’s level of expe- for items available at the event while it leadership experience includes a back- rience gives him an appreciation of our was taking place at the BC Club in down- ground in law, government, education, integration of education and faith in a town Boston. Proceeds support student business, and Christian ministry. We are diverse community,” said Sheree Pil- public service projects and trips. extraordinarily blessed to have him.” grim, chair of the Montrose Board of Also, at least five chapters are collab- Cartagena is himself the product of a Trustees. orating with PILF to organize a network of public interest alumni to mentor students returning to their hometowns to

44 BC LAW MAGAZINE | SPRING / SUMMER 2008 LAW DAY CELEBRATES ITS 50TH YEAR

Kerry Kennedy and Robert Bloom David Weinstein

The Awardees Father William P. Leahy

KENNEDY, WEINSTEIN AMONG HONOREES

Boston College Law School celebrated the 50th annual Law Day on April 29 at the Seaport Hotel in Boston. Sponsored by the Alumni Association, the event drew well over 300 people and raised $25,000 for the Law School’s Loan Repayment Assistance Program (LRAP). Every year, the association gives awards to distinguished alumni and others for their contributions to the legal community and BC Law. The event co-chairs were George Field ’78 and Ann Palmieri ’81. The St. Thomas More Award was given to Kerry Kennedy ’87 in recognition of her commitment to international human rights. Kennedy, author of Speak Truth to Power, delivered a moving speech on what she considers to be the eleven assaults against human rights by Josephine McNeil and George Field the Bush administration, as well as the great strides made for human rights in foreign countries since her own graduation from law school. The William J. Kenealy Award went to David C. Weinstein ’75 for his dedication to BC Law, including his service on the Board of Over- seers. Josephine McNeil ’87 and Penny M. Venetis ’89 were the recipients of the Hon. David S. Nelson Public Interest Awards, and the Spe- cial Service Awards for Distinguished Service to LAB (Boston College Legal Assistance Bureau) were given to Professor Charles H. Baron and Donald K. Stern. Receipts from Law Day help young lawyers in public service careers to repay their student loans. This year’s LRAP committee awarded

PHOTOS BY TIM MORSE more than $260,000 to an unprecedented sixty-five recipients.

SPRING / SUMMER 2008 | BC LAW MAGAZINE 45

Guests at Law Day CHARLES GAUTHIER

BC Law Generations

SEAN E. SPILLANE ’93 WITH MOTHER FRANCES C. SPILLANE ’58

(INSET, FATHER AND SPOUSE, THE LATE GARRETT H. SPILLANE JR. ’58)

46 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ E SQUIRE] Class Notes Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news James N. Schmit ’66 is includ- with his wife, Sharon, in Los Lawyer” and is included in and photos. Send submissions to ed in Best Lawyers Angeles, CA. Chambers USA: America’s BC Law Magazine, 885 Centre in America 2008 Leading Lawyers for Business St., Newton, MA 02459-1163, for his practice in John D. Delahanty 78 is included 2008, Best Lawyers in America or email to [email protected]. labor and employ- in Best Lawyers in 2008, and the International ment law. He is America 2008 for Who’s Who of Business special counsel in his practice in Lawyers. He is a partner in REUNION the Buffalo, NY, office of Da- environmental law. the corporate department at 1950s[ ’53 & ’58 ] mon & Morey LLP. He is a partner at Richards, Layton & Finger 50TH REUNION LUNCHEON NOV. 8 the Portland, ME, PA in Wilmington, DE. REUNION office of Pierce Atwood LLP. John McBurney ’51 was recent- 1970s[ ’73 & ’78 ] John N. Montalbano ’80 is a ly named a Chevalier of the REUNION WEEKEND NOV. 7-9 Charles E. Walker Jr. ’78 founding partner of McHugh, Legion of Honor by the French presented “The Future of Affir- Chapman & Montalbano LLC government for his bravery Nancy King ’72 was honored mative Action,” a lecture spon- in Middletown, CT. during World War II. French posthumously with the 2008 sored by the Black Task Force ambassador Jean-David Access to Justice Lifetime and the Africana Studies Peter A. Del Vecchio ’81 is a Levitte wrote that the honor is Achievement Award by the Department at Wellesley partner in the Houston, TX, “a sign of France’s true and Massachusetts Bar Association College in April. office of Greenberg, Traurig unforgettable gratitude.” A (MBA). The creation of the LLP. private in the 103rd Infantry Nancy King Memorial Fellow- Rudy J. Cerone ’79 is included Division, McBurney won a ship by the Massachusetts Bar in Chambers USA: America’s Joy H. Moore ’81 was named Bronze Star for single-handed- Foundation, the MBA’s philan- Leading Lawyers for Business interim head of the Oprah ly silencing a German machine thropic partner, was announced 2008 for his practice in busi- Winfrey Leadership Academy gun, saving a fellow American at a March awards event dedi- ness bankruptcy and commer- for Girls in Johannesburg, soldier. cated in her honor. She died cial litigation. He is a partner South Africa, in Feb. on December 18, 2007. at McGlinchey Stafford PLLC Robert H. Breslin Jr. ’54 in New Orleans, LA. Holly English ’83 was elected remains employed at Breslin, Frank C. Crowley ’73 was president of the National Asso- Sweeney & Earle in Warwick, recognized for his pivotal role Chuck Hopkins ’79 is the ciation of Women Lawyers RI. He recently moved with his in filing a 1983 federal Super- managing trial attorney of the Executive Board. She is of wife, Carol, to Saunderstown, fund natural resource damages Law Offices of Charles Peter counsel at Post, Polak, Good- RI, where his son and daughter suit on behalf of the state of Hopkins II in Shrewsbury, NJ, sell, MacNeill & Strauchler PA also have residences. Montana that was recently and a member of the New in Roseland, NJ. settled with Atlantic Richfield Jersey Defense Association Charles D. Ferris ’61 was Company for over $250 million. Board of Directors. He and his John J. Aromando ’84 is named a 2007 Washington, A partner in the Helena, MT, wife, Elizabeth, an attorney included in Best Lawyers in DC, “Super Lawyer” and is firm of Doney, Crowley, Bloom- specializing in adoption prac- America 2008 for his litigation included in Chambers USA: quist, Payne & Uda PC, he was tice, have four daughters. practice. He is a partner at the America’s Leading Lawyers for included for the tenth consecu- Portland, ME, office of Pierce Business 2007 and the 2007 tive year in Best Lawyers in Lauren Stiller Rikleen ’79 was Atwood LLP. and 2008 editions of Best America. nominated to serve as a mem- Lawyers in America. He is a ber of the American Bar Asso- Mark H. Grimm ’84 joined partner in the Washington, DC, Michael J. Puzo ’77 and his ciation Board of Governors at Marasco & Nes- office of Mintz, Levin, Cohn, wife, Christine, are the recipi- the association’s 2008 Midyear selbush LLP in Ferris, Glovsky & Popeo PC. ents of the first annual Mary Meeting in Los Angeles, CA. Providence, RI, Daly Curtin and John J. Curtin She is a partner in the real and practices Jr. Award for Public Interest estate and environmental law in the areas of REUNION presented by the BC Law Pub- practice group of Bowditch & personal injury, 1960s [ ’63 & ’68 ] lic Interest Law Foundation in Dewey LLP in Framingham, medical malpractice, and prod- REUNION WEEKEND NOV. 7-9 April. MA. uct liability. He and his wife, Cate, have two children and Hon. Robert W. Clifford ’62 Michael D. Roth ’77 was elect- REUNION live in Warwick, RI. was renominated by Governor ed to the Board of Trustees of 1980s [ ’83 & ’88 ] John Baldacci to the Maine the Union for Reform Judaism. REUNION WEEKEND NOV. 7-9 Jonathan L. Moll ’84 was Supreme Judicial Court, where Included in Best Lawyers in appointed vice president and he has served for twenty-one America 2008 in the area of Jesse A. Finkelstein ’80 was general counsel at Babson years. health care law, he practices named a 2008 Delaware “Super College in Wellesley, MA. He

SPRING / SUMMER 2008 | BC LAW MAGAZINE 47 [ E SQUIRE] was previously a partner in the Lori Grifa ’88, a partner in Suzanne M. Cerra ’93 and partner in the Boston office of Boston office of Seyfarth Shaw the West Orange, Katherin A. Nukk-Freeman ’93 Bingham McCutchen LLP and LLP. NJ, office of Wolff are founding partners of Nukk- concentrates her practice on the & Samson PC, Freeman & Cerra PC, an em- representation of publicly held Peter C. Schechter ’84, a partner was named among ployment law firm honored as companies in a variety of in- in the New York, NY, office the “Best 50 Women a 2008 “Outstanding Women dustries in the US and Canada. of Edwards, Angell, Palmer & in Business” in Business Enterprise” in the New Dodge LLP, was named a 2007 New Jersey by NJBIZ magazine. York region by the Women Edward S. Cheng ’96 was New York “Super Lawyer” President’s Educational Organi- named co-chair of the Boston for his practice in the areas of Maria E. Recalde ’88, a partner zation. Bar Association Administration intellectual property and intel- in the Boston office of Sheehan, of Justice Section. He is a part- lectual property litigation. Phinney, Bass & Green PA, was Alicia Downey ’93, an antitrust ner in the litigation department named a New England “Super and trade regula- at Sherin and Lodgen LLP in Alicia Alvarez ’85 is a clinical Lawyer” for her practice in tion partner in the Boston. professor at the University intellectual property. Boston office of of Michigan Law School. Bingham McCut- Kristen Potter Farnham ’96 is Steven J. DeLuca ’89 is a chen LLP, has been of counsel in the John P. Connelly ’85 was founding partner of Sullivan, appointed to serve Law Office of Susan named co-chair of the Con- Signore, Whitehead & DeLuca a three-year term on the Coun- E. Hunter in Port- struction Law Committee of LLP in Providence, RI. He lives cil of the American Bar Associ- land, ME, where the Boston Bar Association with his wife, Kim, and their ation Section of Antitrust Law. she focuses her Litigation and Real Estate two daughters in Barrington, RI. practice on estate sections. He is a partner at Sharon A. Hwang ’93 was planning, estate and trust Peabody & Arnold LLP in REUNION named among the 2007 “Best administration, and charitable Boston. 1990s[ ’93 & ’98 ] Lawyers Under 40” by the gift planning. REUNION WEEKEND NOV. 7-9 National Asian Pacific Ameri- Thomas R. Melville ’86, who can Bar Association. She is a William C. Acevedo ’97 is began his career at NECN, Michelle R. Peirce ’90, a litigator partner at McAndrews, Held a partner at Wen- rising through the ranks from at Donoghue, & Malloy in Chicago, IL. del, Rosen, Black political reporter to executive Barrett & Singal & Dean LLP in producer to assistant news PC in Boston, was Andrew J. Hachey ’94 was Oakland, CA, and director, was named news named president- named co-chair of the Securi- practices in the director in March. New Eng- elect of the Women’s ties Enforcement and Litigation firm’s litigation, land Cable News is the na- Bar Association. Committee of the Boston Bar environmental, and green tion’s largest regional news Association Litigation Section. business groups. network. Roland Sanchez-Medina Jr. He is a partner in the financial ’91, a founding member of services and securities litigation Thanda Fields Brassard ’97 Brian D. Shonk ’86 joined the Sanchez-Medina, Gonzalez & group at Nixon Peabody LLP announces the September birth Ohio State Bar Foundation Quesada LLP in Miami, FL, in Boston. of Ryan Alexander Brassard, Fellows Class of 2008. He is a was named president-elect who joins his big brother, Ian. member of Dagger, Johnston, of the Cuban American Bar Carolyn S. Kaplan ’94 was She is a vice president at Fidu- Miller, Ogilvie & Hampson Association. appointed chief sustainability ciary Trust Company in Boston LLP in Lancaster, OH. officer, the first position of its and was named a 2007 Massa- Patricia A. Markus ’92 was kind in the legal industry, at chusetts “Rising Star” by Law Frank D. Chaiken ’87, a part- named to the Health Nixon Peabody LLP in Boston. and Politics and Boston maga- ner in the Cincin- Information Ex- zine for her practice in the nati, OH, office of change Practice Christopher M. Mirabile ’94 areas of estate planning and Thompson Hine Council of the is chief financial officer and probate, and tax. LLP, was named American Health general counsel of IONA Tech- chair of the firm’s Information Man- nologies, a company specializ- Diana M. Collazo ’97 is a corporate transac- agement Association. She is a ing in distributed service- partner at Lowrie, tions and securities practice partner in the Raleigh, NC, oriented architecture infrastruc- Lando & Anastasi group. office of Smith Moore LLP. ture with US headquarters in LLP in Cambridge, Waltham, MA. MA, and focuses Mildred Quinones-Holmes ’87 Darren T. Binder ’93 has been her practice on is of counsel in the named vice president and Ingrid Chiemi Schroffner ’95 is patents in biotech- commercial and deputy general counsel of Bon an attorney for the Massachu- nology, chemistry, and pharma- public finance Secours Health System, Inc. setts Executive Office of Health ceuticals. practice group in in Marriottsville, MD. He has and Human Services and focuses the New York, NY been with Bon Secours for four on issues regarding the admin- David M. McIntosh ’97 was office of Thomp- years and previously served as istration and implementation named co-chair of the Boston son Hine LLP. She was formerly a senior attorney at Coventry of MassHealth programs and Bar Association Intellectual managing counsel for the global Health Care, Inc. and at the initiatives. Property Law Section. He is a agency and trust business of law firm Arent Fox PLLC in partner at Ropes & Gray LLP the Bank of New York. Washington, DC. Laurie A. Cerveny ’96 is a in Boston.

48 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ E SQUIRE]

Peter J. Gillin ’98 is a partner Stephen F. Greene ’07 is an specializing in litigation. REUNION in the corporate ’03 associate in the finance group at 2000s [ ] Boston office of Spence W. Hanemann ’07 is an Baker & Daniels REUNION WEEKEND NOV. 7-9 Hanify & King PC associate in the business law LLP in Indianapo- and concentrates department at the Charlotte, lis, IN. Rebecca M. Young ’01 and his practice in the NC, office of Parker, Poe, Mark Carper announce the area of corporate Adams & Bernstein LLP. birth of their son, Nathaniel Karen E. O’Brien ’98 is of and real estate transaction. Lynsel Carper-Young, in Janu- counsel in the Park Daniel J. Kleban ’07 is an ary. The family lives in City, UT, office of Jillian M. Grob ’07, an associ- associate in the Winthrop, MA, where she is a VanCott, Bagley, ate at Richards, Layton & litigation practice solo attorney in the areas of Cornwall & Mc- Finger in Wilmington, DE, has group at the Port- sex offender registration and Carthy and focuses been admitted to the Delaware land, ME, office of mutual health law. on corporate, Bar. She is a member of the Pierce Atwood firm’s corporate department, LLP. commercial, securities, and US Ramzi Abadou ’02 is a partner and international transactional and a member of the securities law. class action department at IN MEMORIAMN Coughlin, Stoia, Geller, Rud- Michael C. O’Brien ’98 is a man & Robbins LLP in San Arnold L. Shriber ’35 Walter D. Wekstein ’58 partner in the Diego, CA. Francis B. Smith ’38 Frank T. Wojcik ’58 business and litiga- John F. McCarty ’42 Richard C. Driscoll Jr. ’59 tion sections at the David Giordano ’05, an associ- Angelo J. Fiumara ’43 Hon. Robert J. Gallagher ’59 Park City, UT, ate at Wilmer, Cutler, Picker- Charles A. Tobin ’49 Anthony J. Palmerino ’59 office of VanCott, ing, Hale & Dorr LLP, was Andrew A. Caffrey ’50 William A. Cotter Jr. ’60 Bagley, Cornwall selected as the Boston firm’s Peter A. Kerr ’50 Paul D. Scanlon ’60 & McCarthy. first Pickering Fellow in William J. Shea ’50 Joseph P. Clune ’61 March. He is working at the Joseph J. Walsh ’50 Joseph A. Roach ’61 Krista Green Pratt ’99 is a Medical-Legal Partnership for Philip L. Hurley ’51 Hugh G. Duffy ’62 partner in the labor and em- Children at Boston Medical Jerome M. Leonard ’51 Robert L. Teagan ’67 ployment department at the Center, providing legal services William Massarella ’51 Ronald Dion ’72 Boston office of Seyfarth Shaw to patient-families, and staffing Stephen J. Brunero ’52 Nancy King ’72 LLP. the legal clinic at Upham’s John H. Adams ’53 Jane McArdle ’78 Corner Health Center. Paul T. Ford ’53 Kevin Loftus ’79 Scott W. Rostock ’99 was re- Joseph F. O’Neil ’53 Alfred David Alvarez ’83 Jillian K. Mooney ’06 is an James M. Murphy ’54 Henry J. Thornton ’91 cently elected a shareholder at associate in the environmental Akerman Senterfitt. He prac- Charles F. X. Murphy ’55 Kimberly A. Baker Irvin ’92 group at Riker, Danzig, Scherer, Thomas R. Manning ’57 Laurence P. Harrington Jr. ’94 tices in the firm’s litigation Hyland & Perretti LLP in Mor- department in Miami, FL. James J. Collins ’58 Keith Charles Ryan ’95 ristown, NJ. Fred Grabowsky ’58 Livingston D. Davies ’02

Behind the Columns It’s likely, though, that no amount of graduation. This is not, as some have sug- (continued from page 3) parsing will make this annual tug-of-war gested, an adjudication of Mukasey’s William O. Douglas was married four go away. If we want to lessen the con- worthiness. It is a legislative decision for times. Would a Catholic law school en- troversy we have two courses of action all future cases, and the point is to make dorse his connubial habits by inviting open. We can stop the practice of invit- it easier to invite people of the stature of him to speak? Every life has a thousand ing prominent people who have played the Attorney General without having an facets, and it isn’t always clear which a important roles in matters of public con- annual disagreement to mar the day. host school is shining a light on. A sec- cern—because their actions are bound to ond concerns the ambiguity of “being a upset one faction or another. That is a symbol.” Mukasey has not approved wa- high price to pay. Commencement is a big Point of View terboarding. The concern I have heard event in the lives of our graduates, and it (continued from page 12) expressed is that he has failed to condemn is fitting to mark their entry into the Throughout our stay, we assist with first it. But silence is an ambiguous position. world of public affairs with fanfare. The appearances twice daily, in the mornings It is possible that he hates the practice other is to separate the practice of giving and afternoons. When we arrive at the and would not approve it, if forced to medals (like our Founders Medal) and lock-up facility, we have limited time to take a stand. So there is some further in- honorary degrees from the commence- interview the accused to determine their accuracy in supposing that the Law ment ceremony, to neutralize the en- indigent status and collect information for School would be endorsing a position dorsement effect as best we can. This is their bond hearing. We are told to shake which the Attorney General has not the course we have chosen. In the future the clients’ hands because that will be the forthrightly adopted. we will not give medals and degrees at first sign of respect they will receive from

SPRING / SUMMER 2008 | BC LAW MAGAZINE 49 anyone. We will tell them that we are here They wait in cells, commonly for weeks convention that ratified the Constitution. to help them as best we can. before the state even formally charges them Using his influence over Madison, he con- The two forms of questions inquire (and are sometimes forgotten because they vinced the Framer to back a proposal for about the basic information of the accused: get lost in the paperwork). They choose a Bill of Rights that included church-state names of people to contact when their between being victims of the violence and separation. bond is set, and their education and drugs that permeate the city streets, or Leland’s counterparts in today’s clergy employment history, among other things. being a part of that life. They are targeted may need to exercise more care in their The indigence forms determine whether the by neighborhood, by age, by color, and by political activities, according to panelist public defenders can represent them. The attire. The condition of law and enforce- Lloyd Hitoshi Mayer. The associate pro- bond argument forms theoretically help ment in New Orleans has continued to fessor at Notre Dame Law School dis- defenders represent the accused during divide its people while the city strains to cussed the tax code as it applies to reli- their bond hearings at first appearances. unite behind recovery. And many residents gious congregations. A 1954 law pre- The main goal of the project, however, is to accept these conditions as just an inevitable vents any group that accepts tax- contact family and friends when bond is set part of life. deductible contributions from interven- so that, if they can pay 13 percent of the The struggle also touches the public ing in political campaigns, a prohibition amount, the accused can be released as defenders, one of whom warned what that has repeatedly stood up in court, at soon as possible. We learn that the most might happen to us: After several days of least as it applies to political ads under- effective method of keeping a person out of public hearings, he said, you could start written by churches. According to a jail is if he or she comes to subsequent hear- losing the hope you will need to fight back series of court opinions, the churches ings from home, in regular clothes, rather the feelings of futility that hide behind could have easily set up non-tax-exempt than from jail, in an orange jumpsuit. every step in the process. affiliates to fund political advertising, At some point, the television at the front and thus the prohibition doesn’t impose of the room flickers on, feeding live video a substantial burden on the churches’ from the New Orleans Criminal Court, Empowering Europe’s Central Bank First Amendment rights. which is about a block away from the lock- (continued from page 14) However, despite its long record of up. First appearances in Orleans Parish dif- inspire much confidence. court victories over churches, the IRS, fer, like so much that we experience during Given the latent LOLR authority of the said Mayer, has never revoked the tax- our week witnessing criminal law in action, ECB statute, it is sound to suggest, there- exempt status of a congregation in cases from what our professors have described as fore, that the ECB should act as LOLR so where its minister, rabbi, or priest has due process. Here, when the judge is ready long as it is granted sufficient bank supervi- called for the election of a candidate dur- for the bond hearings, the inmates and sory powers to have enough access to infor- ing worship services. “It all turns on sub- judge view each other on their respective mation to make informed LOLR decisions. stantial burden concepts,” Mayer screens. The district attorney, seated in the —Steven Blau ’08 explained. “It’s easy to create an affiliate courtroom, reads the charges aloud to the to buy an ad, but you can’t create an affil- judge from police reports. The inmates, This article is based on “The Federal iate gathering so easily.” Thus, even in a who have been instructed by the public Reserve and European Central Bank as recent case where the IRS ruled that a defenders and the facility staff not to speak Lenders-of-Last Resort: Different Needles pastor’s sermon had crossed the line that during these hearings, stand one at a time in Their Compass,” which won the 2007 separates preaching from electioneering, and listen silently. Albert S. Pergam International Law Writ- the agency declined to penalize the pas- Later, some public defenders tell us ing Competition conducted by the Inter- tor’s church, fearing what would happen experience has taught them that if they or national Law & Practice section of the if the church went to court. the accused speak, the judge will likely New York State Bar Association. It was The day’s final panelist, Paul Horwitz, become agitated and set a higher bond. written for emeritus Professor Cynthia a professor at the University of Alabama Most individuals face multiple charges, Lichtenstein’s International Banking and Law School, gave a critical review of sev- the majority of which are drug-related Financial Law seminar last fall and will be eral speeches on religion by politicians, and each of which mandates a bond of published in the summer 2008 edition of including one that Obama delivered thousands of dollars. I hear a defender the New York International Law Review. before he began his presidential cam- speak up during these hearings only once paign. Horwitz applauded Obama’s call during our entire week to ask if her defen- for a rapprochement between political dant’s case could be moved to drug court. Church-State Debate progressives and religious people, but he I wonder why we even filled out the bond (continued from page 14) was less sure about the senator’s insis- argument forms if the information will and to one John Leland, a Baptist preach- tence that people of faith couch their not be used during the bond hearing, and er whose story was told in the sympo- political views in purely secular terms. I silently hope it is somehow used later sium’s second and final panel by Pepper- “Religious people should be welcome in down the line. dine School of Law Professor Mark Scar- the public and political sphere,” Horwitz The conversations we have with the berry. Late 18th century Virginia, where said, “and make specifically religious public defenders and the men and women Leland lived and worked, had a state reli- arguments in public debates. That also we meet in the holding facility during our gion, the Episcopal church, an arrange- means, though, that religion can become stay give us a lesson of what life is like for ment Baptists had long opposed. Using the subject of discussion, debate, criti- the predominantly black, male, and indi- his influence over fellow Baptists, Leland cism, and even derision.” With such per- gent incarcerated New Orleanians. helped get James Madison elected to the missive ground rules, Horwitz predicted,

50 BC LAW MAGAZINE | SPRING / SUMMER 2008 “our discussions will be less anodyne but rior Court held that overwhelming statisti- lators within the six jurisdictions in which also less antiseptic.” cal evidence alone was sufficient to find Mittal is incorporated (France, Luxem- In addition to the panels, the sympo- Maryland State Troopers had engaged in bourg, Spain, Belgium, the US, and The sium included a keynote address by W. racial profiling. Even courts that found Netherlands) and where details of the of- Cole Durham Jr., professor of law at against plaintiffs have noted the increased fer had to be filed, further slowed Mittal’s Brigham Young University, who spoke on importance of statistics in demonstrating maneuverability. Arcelor bought time by religious pluralism and the protection of discriminatory intent. In US v. Duque- challenging Mittal’s transaction docu- religious freedom worldwide. Nava, the US District Court for Kansas mentation, delaying the bidder’s efforts to —David Reich noted that “certainly a comparison of an satisfy the requirements of multiple regu- officer’s stops with similarly situated offi- latory regimes. cers in his own police department might be Securities regulators’ review of the of- Unsheathing a Secret Weapon evidence of an officer’s particular pattern of fer terms prompted a request for an in- (continued from page 15) discriminatory intent.” Furthermore, in dustrial plan for the merger and an econo- percent of the stops that led to citations or Anderson v. Cornejo, the Seventh Circuit metrics-based strategy for the future. Mit- in-depth reports. Among those 5 percent, thoroughly analyzed statistical evidence on tal’s response was more than 100 pages most officers did not list the driver’s race. the rates of airline passengers searched and long. The approval process in Europe Recent data initiatives now prevent state the successfulness of the search in terms of alone—which began simultaneously with police from exacerbating the hurdle liti- proper law enforcement goals. Though the Leddy’s end of the deal in North Ameri- gants already face in proving they were vic- court found the data unsuitable for that ca—consumed nearly four months, allow- tims of racial profiling. In the seven years particular litigant’s case, it did not reject the ing Arcelor the chance to regroup. Because since Chavez, more than half of all states use of statistics to infer intent generally, and Arcelor could issue up to one-third of its have passed legislation requiring data col- it implied that were better data available, stock without shareholder approval, the lection to monitor racial profiling. Data the alleged victim may have succeeded. company could seek out an investor pow- routinely recorded for state police include Past efforts have failed to stop the use of erful enough to buy a large enough mi- number of routine stops, the age of individ- racial profiling by police departments, and nority stake in the company—a white ual stopped, the alleged traffic infraction, civil actions are needed to correct contin- squire—to thwart Mittal’s advance. whether a search was conducted, the ratio- ued abuses. Our justice system has an Arcelor didn’t limit itself to securities nale for the search, whether contraband increased responsibility to allow minorities or financial defenses. Its legal team also was found, whether a citation was issued, viable avenues to seek redress in areas such transferred the company’s shares in the and whether an arrest was made. as the War on Terror where the majority’s large Canadian producer Dofasco to an in- New methods have been developed to focus has shifted away from individual dependent Dutch foundation called Strate- analyze these data. For example, police rights and the public is less attentive to the gic Steel Stichting in April 2006. The trust departments and researchers now monitor wrongs of racial profiling. was formed with a five-year sunset clause and compare officers within a single Recent examples like Soto demonstrate and was empowered with independent department to find those who stop minori- the ability of courts to take a sophisticated, control of the company’s shares and their ties disproportionately to their peers oper- well-deliberated approach to determining sale. As structured, the Stichting trust ating in a similar geographic area, assign- when statistics should be allowed to infer would have prevented Mittal from divest- ment, and time of day on patrol. In addi- discriminatory intent. New research strate- ing Dofasco to resolve any potential DOJ tion, researchers now analyze data to deter- gies specifically designed to measure statisti- competitive concerns. mine whether searches of vehicles are cal associations between an individual’s Mittal then countered. It entered into equally successful in finding contraband race and profiling activities are a promising an exceedingly rare “pocket” consent de- for minority versus non-minority vehicles. step in combating the wrongs of racial pro- cree with the US Department of Justice, This method can detect a bias in favor of filing. Statistics reveal not only the troubling clearing the way for the Mittal family’s searching minority vehicles based on racial- extent of racial profiling and its devastating control of Arcelor from the stateside reg- ly motivated reasons if there are more repercussions, but also present a powerful, ulatory perspective, contingent on its unfounded, unsuccessful searches against yet underutilized tool in solving this crisis. agreement to divest Dofasco if it could or, minorities as compared to searches of non- —Melissa Whitney ’08 crucially, one of two alternative US steel minority stopped vehicles. These types of plants should the DOJ ultimately find a methods more accurately assess the extent This article is based on “The Statistical competitive problem. The “pocket” pact to which minority drivers are dispropor- Evidence of Racial Profiling in Traffic avoided an otherwise lengthier investiga- tionately stopped and searched, help rule Stops and Searches: Rethinking the Use tion by the DOJ, which would have fur- out nondiscriminatory reasons for the of Statistics to Prove Discriminatory ther disadvantaged Mittal’s takeover. observed disparities in police treatment, Intent.” BC Law Review, Volume 49, Without Mittal’s advanced consent to di- and more accurately extrapolate from a Issue 1, pages 263-99 (2008). vest (should any subsequent DOJ an- study population to an individual plaintiff’s titrust concerns arise) a second, DOJ- experience by taking into account a variety mandated waiting period beyond the thir- of background characteristics. Nerves of Steel ty days dictated by statute was inevitable. Finally, courts are beginning to (continued from page 23) This long-delaying obstacle of requests acknowledge these improved data and Although no government office sought for document production and to answer methods to infer discriminatory intent. In to block Mittal’s bid, the overlapping and interrogatories regarding the competitive 1996, in State v. Soto, the New Jersey Supe- inconsistent standards of securities regu- dynamics of the deal would have provid-

SPRING / SUMMER 2008 | BC LAW MAGAZINE 51 ed Arcelor the running room it needed to est rival. Meanwhile, Mittal’s legal team the transaction is a success and that inte- elude acquisition. The Mittal legal team’s argued vigorously, but ultimately unsuc- gration went smoothly,” says Leddy. “pocket” decree arrangement acted like a cessfully, that the post-transaction US “When they tell you that the deal was surgical bypass, allowing the life’s blood market was sufficiently competitive with- worth all of the effort, that is what’s truly of the deal to flow unabated. out divestiture. The last thorns of the satisfying.” This cross-continental and cross-cul- deal’s North American component were tural variance in required tactics is a high still plenty sharp. The DOJ filed a com- Chad Konecky is a freelance writer and a hurdle in the globalization of antitrust law. plaint in federal court that same month to program manager for ESPN. His last arti- “A major challenge in transactions like enforce Mittal’s May agreement to divest cle for BC Law Magazine was “Defending this, especially hostile ones, is under- Dofasco. Moussaoui,” in the Fall/Winter 2006 issue. standing the strategic business motiva- Both the DOJ and TK, the German cor- tions of the affected parties, the markets poration that had been promised Dofas- you’re dealing with, the procedural and co, its long-lost target, urged Mittal to try Scholar’s Forum substantive antitrust issues in multiple ju- to dissolve the Stichting trust. In October, (continued from page 30) risdictions, and, of course, all the relevant Mittal formally sought the trust’s dissolu- Current regime theory literature falls into takeover rules,” says Leddy. “Then, you tion, but Stichting’s independent board re- four rough categories: (1) neorealist-based must craft a coherent strategy and find cre- fused. In December, TK sued Mittal in The regime theories (power is the dominant fac- ative solutions to very difficult, multi-di- Netherlands to enforce its contract to buy tor in regime formation because states mensional problems. It requires sustained Dofasco. “In a way, they did us a favor,” exert power to design and use a regime to intensity.” notes Leddy. The cause of action provid- achieve their own goals); (2) neoliberal- Back on the Continent, Arcelor fought ed Mittal a means to resolve the issue of ist-based regime theories (regimes form back. The company called a meeting to se- whether the Stichting trust could be dis- because there is a market failure that pre- cure shareholder permission to buy back solved. The court ruled for Mittal in Jan- vents states from reaching a Pareto-opti- 20 percent of its stock. The end game? A uary 2007, agreeing that Mittal had ex- mal outcome and the regime reduces deal with investor Alexey Mordashov, an hausted all reasonable avenues to fulfill its transactions costs and facilitates a Pareto- 89-percent shareholder in Russia’s OAO eleven-month-old contractual promise to optimal result); (3) cognitivist-based Severstal steel company, who would ex- sell Dofasco to TK. In effect, this meant regime theories (a state’s “interests and change $16.6 billion in cash and assets for the DOJ’s regulatory remedy resided be- goals” are not a given but instead are a 38-percent stake in Arcelor, if the stock- hind Door No. 2. shaped by outside forces and actors, holder buyback succeeded. The merger In February of 2007, the DOJ selected including experts); and (4) a synthesis would have created a steelmaker with a Maryland’s Sparrows Point steel plant for approach to regime theory (the regime market valuation of $40 billion, more than divestiture as an alternative to Dofasco (at theories are not exclusive and competitive twice the size of Mittal. press time, the Stichting trust still con- but rather reflect the fact that regimes At that moment, attorneys on both trolled Dofasco’s shares) to resolve US may develop for different reasons sides of the transaction—folks practically market antitrust implications of the depending on whether power, market living in their offices across the globe for ArcelorMittal merger. A May hearing in failure, or expert communities play a months—surely cranked into overdrive. US District Court in Washington cleared more influential role in a particular sub- As Arcelor zigged, Mittal zagged, raising the way for Mittal’s sale of Sparrows set of cases). its original offer by 20 percent, to just un- Point. In August, Mittal agreed to divert What do the perspectives and insights of der $26 billion, including a sweeter pot for Sparrows Point to an international con- regime theory add to our understanding of Arcelor shareholders. Once the Severstal sortium of three companies led by Esmark, the most widely known example of inter- deal was officially proposed, Mittal lever- a Chicago-based US steel distributor, but national tax negotiations: the development aged a wavering Arcelor shareholder base the deal collapsed in December when the of a system to relieve double taxation by persuading 20 percent of shareholders to companies failed to secure financing. Iron- (experienced by Corporation A in the sign a letter opposing the buyback and the ically, after another auction process, an hypothetical)? This system of relief, accompanying minority-investor scenario, agreement was reached to divest Sparrows embodied in the network of bilateral and with Mordashov serving as the white squire. Point to none other than Severstal, the model tax treaties established over the past Gutted from the inside, Arcelor canceled the Russian steel company that Arcelor share- eighty years, clearly constitutes a regime: shareholder vote and, eight days later, ca- holders had rebuffed in June. That deal the principle is that international double pitulated by signing a memorandum of un- closed at the end of March 2008. taxation of income is harmful and should derstanding with Mittal. Finally, two years, one month and be avoided; the norm is that residence But after 149 days in play, the deal was twenty-four days after Mittal’s surprise countries should yield primary tax jurisdic- far from done. bid for Arcelor, the case was officially tion to the source country; and the rules In August 2006, Mittal closed its ten- closed. Though it’s somewhat counterin- include the details coordinating the inter- der offer for Arcelor; the final per-share tuitive, Leddy confides that the euphoria section of two countries’ tax laws. Accept- price was nearly double Arcelor’s pre-bid of closing a deal—even an acquisition like ing the assertion that there is indeed a peak. Even with ArcelorMittal’s European ArcelorMittal—is powerful, but not as regime governing double taxation, and that Union-mandated divestiture of steel mills satisfying as watching the byproduct the regime comprises the bilateral tax in Germany, Italy, and Poland, the deal thrive. treaties, the model tax treaties, and the created a steelmaking behemoth with a “What’s rewarding is when you talk to related efforts to avoid double taxation of production rate three times that of its clos- the client months later and they report that income, is it possible to understand how it

52 BC LAW MAGAZINE | SPRING / SUMMER 2008 formed and to contemplate when interna- unresolved nature of regime theory, the Works in Progress: With Alexis Anderson. tional tax regimes will be successful? coherence and organization it brings to “Beyond the ADA: How Clinics Can Assist The first step is to discern whether the international tax will discipline our inves- Law Students with ‘Non-Visible’ Disabilities Bridge the Accommodations Gap between double tax regime is driven by power (neo- tigations into international agreements Classroom and Practice,” Clinical Law Review realist tradition) or whether it represents a and will encourage tax scholars to appreci- (forthcoming 2008). case of market failure (neoliberal tradi- ate international tax relations as part of a tion), that is, whether the resulting regime broader system of international relations. Presentations: With Alexis J. Anderson. is a product of the exercise of power by one —————————————————— “Beyond the ADA: How Clinics Can Assist Law Students with ‘Non-Visible’ Disabilities state, or a product of several states over- This column is based on the article “Inter- Bridge the Accommodations Gap between coming informational barriers to reach national Tax Relations: Theory and Impli- Classroom and Practice,” New England Clini- mutually desirable outcomes. cations,” which was published in 60 Tax L. cal Conference, BC Law in Nov. Using a series of models involving Rev. 83 (2007). developed and developing countries, sev- Activities: Panelist, “The Challenge of Inclu- eral conclusions emerge. Of the two dom- sion: Avoiding the Us and Them,” Religiously Affiliated Law Schools Spring 2008 Confer- inant models of regime formation, the Academic Vitae ence, BC Law in April. neoliberalist more accurately reflects the (continued from page 37) experience of the double taxation regime. Association (ABA) Firm Counsel Project round- ALFRED C. YEN Although the neorealist focus on power table at the Boston office of Mintz, Levin, Cohn, Professor (including economic power) may be useful Ferris, Glovsky & Popeo PC in Jan. His article Presentations: “Beneficial Illegality and Copy- in explaining some elements of treaty of the same title was the focus of ABA Firm Coun- right,” DePaul University College of Law sel Project roundtable events across the country negotiations, the neoliberalist model School, Chicago, IL, in Nov. “Beneficial Ille- in Jan. and Feb. “Public Health Legal Services,” (which looks beyond power to the impact gality and Copyright” and “Third Party Copy- symposium entitled “‘The First Wealth Is right Liability,” Drexel University College of of game theory, issue type, and related fac- Health’: The Nexus of Health, Poverty, and the Law, Philadelphia, PA, in March. tors) offers a more comprehensive under- Law” sponsored by the Georgetown Journal on standing of the regime formation process. Poverty Law and Policy and the O’Neill Institute Activities: Chair of the Association of Ameri- For example, it helps explain why coun- for Global and National Health Law, George- can Law Schools Committee on Professional town University Law Center, Washington, DC, Development for 2008. tries negotiate treaties despite the avail- in March. “Casuistry,” conference entitled ability of a unilateral solution, and why “Ethics, Theory and Lawyer Practice: A Con- some countries pursue treaties and other versation,” University of Denver Sturm College do not. The game theory aspect of neolib- of Law, Denver, CO, in April. In Closing eralism identifies the double taxation (continued from page 60) regime as a coordination game where the DAVID A. WIRTH Then, by one act of judicial alchemy, nearly Professor and Director of International Programs primary challenge concerns the distribu- 3,000 people of different races, languages, tive effects. The greater the distributional Works in Progress: “The International Organi- creeds, and social background become one zation for Standardization: Private Voluntary component, the more difficult it is to Standards as Swords and Shields.” Boston Col- with the People from whom the judiciary reach consensus. Thus, where two negoti- lege Environmental Affairs Law Review derives its power. ating countries are both developed coun- (forthcoming 2008). Contributions on inter- After congratulating us, Judge Bowler tries with similar investment flows, fewer national trade law to a green paper entitled emphasizes two of our new rights and distributional issues should arise. If one “Climate Change and Intergenerational Jus- responsibilities: voting, and jury service. country is developed and the other is tice,” a forthcoming publication of the Climate She tells the story of a woman who served Legacy Initiative. developing, then the selection of regime on the jury in a case Judge Bowler was try- rules will carry distributional conse- Presentations: “ISO 14001’s Green Corporate ing, although it meant working nights and quences that will impede agreement. Leveraging,” Boston College Environmental Affairs considerable personal inconvenience. She Following the initial step of determining Law Review 2007 Symposium: “The Greening of would willingly have excused the woman, which regime model captures the double tax- the Corporation,” Newton, MA, in Oct. but the Haitian-born juror explained that ation example, research should also explore: Judge Bowler had presided over the cere- Activities: Panel discussant, “Activism and (1) whether market failure (i.e., neoliberalist Change—In Personal and Institutional Behav- mony that had made her an American citi- regime theory) generally characterizes ior,” conference entitled “The Death and zen, and that she wanted to show that she regime formation in tax; (2) how game theo- Rebirth of Environmentalism,” Harvard Uni- took her responsibilities seriously. ry can refine our assessment of market fail- versity Center for the Environment, Cambridge, We too intend to take our new duties ure in tax; (3) how the regime participants’ MA, in Nov. Invited discussant, “America, seriously, and to do what we can to safe- Europe, and the World Roundtable Series: Why relative positions of economic power and Transatlantic Conflict on Climate Change Will guard the luminous protections and free- resources affect tax regimes; and (4) the role Persist,” Council on Foreign Relations, Wash- doms set out in Pass the US Citizenship of expert communities in structuring and ington, DC, in March. BC Law representative, Exam, even while the actions of an arro- facilitating the creation of tax regimes. International Association of Law Schools con- gant administration and pliable Congress At the end of the day, the value of ference, “Learning from Each Other: Enriching daily threaten their eclipse in this nation regime theory to international tax resides the Law School Curriculum in an Interrelated where we have made our home. World,” Soochow University, Kenneth Wang not in a precise predictive power, but School of Law, Suzhou, China, in Oct. But first we need lunch. rather in creating a framework that shapes critical thinking about international tax NORAH M. WYLIE Jane Whitehead is a frequent contributor questions. Despite the complicated and Associate Dean and Dean for Students to BC Law Magazine.

SPRING / SUMMER 2008 | BC LAW MAGAZINE 53 [ COMMENCEMENT 2008] The Big Day PHOTOS BY JUSTIN ALLARDYCE KNIGHT

54 BC LAW MAGAZINE | SPRING / SUMMER 2008 REUNION GIVING REPORT 20072007 ILLUSTRATIONS BY ELWOOD SMITH FROM THE ASSOCIATE DIRECTOR OF REUNIONS

BY ANN CAREY Setting New Records

ur thanks to alumni from the classes of 1957, 1962, 1967, MARK YOUR CALENDAR 1972, 1977, 1982, 1987, 1992, 1997, and 2002 for their participation in the 2007 Reunion. Seventy percent of these REUNION 2008 PLANS O classes set a new reunion giving and/or participation record. Save the date for Reunion 2008: November Reunion Weekend in October featured a variety of new events, 7-9. Alumni from the classes ending in “3” including a student panel, faculty lecture, visit to BC’s McMullen and “8” are invited to return for Reunion Museum, and a very festive Notre Dame vs. BC football game party. Weekend and encouraged to participate in the 2008 Reunion Giving Campaign. The Reunion Giving Campaign was also a wonderful success. The campaign goal is $1,800,000 in More than 625 alumni (or 32 percent of reunion alumni) demon- gifts/pledges with 35 percent participation. strated their support for Boston College Law School by making Any gifts to BC Law from June 1, 2007 gifts and pledges in honor of their reunion. Collectively, they through Reunion Weekend will count as pledged $1,646,330 to BC Law. This represents growth of 28 Reunion Gifts and will also receive recognition in the Law School’s campaign percent over the 2006 campaign dollars and is a strong indicator (which will be publicly launched in the Fall). of the exciting direction in which this young BC Law reunion To make your gift/pledge or review your program is moving. individual class’s reunion goals, visit Special recognition also goes to the classes of 1977 and 1957. www.bc.edu/lawreunion or contact Ann Carey, associate director of reunions, at The Class of 1977, chaired by James F. Kavanaugh Jr. and 617-552-0054 or [email protected]. Michael J. Puzo, achieved the greatest total of gifts/pledges from The Reunion Weekend celebration will any 2007 reunion class, thereby earning them the 2007 Reunion commence Friday, November 7, on campus Giving Cup. Congratulations, Class of 1977. with tours, an alumni and student regional The Class of 1957, chaired by John J. Curtin Jr., achieved the reception, a lecture, and class bar reviews. Mark your calendar for your class’s five-year greatest class participation for any 2007 reunion class (and in meeting as well as the BC-Notre Dame fact, any reunion class, ever), thereby earning them the 2007 football party and the traditional reception Legal Eagle Spirit Award. Congratulations, Class of 1957. and dinner on Saturday at the new Boston We also want to express our appreciation to the Reunion Com- Ritz-Carlton, where we have arranged special accommodations. See the website mittees and Steven K. Fogg, the 2007 Reunion Campaign chair, for complete schedule and accommodations for their significant investments of time and effort on top of their options: www.bc.edu/lawreunion. own reunion gifts. Their work as volunteers meant that more than We are already hearing from alumni who 600 alumni reconnected with each other and the school after five, have made plans to travel from the other ten, or fifty years. We are grateful to the committees for helping side of the country and the world, so make your plans now. We all look forward to to facilitate this. welcoming you back in November. Thank you one and all for your support of BC Law. [ REUNION GIVING REPORT]

1957 John R. Fitzgerald Ralph J. DeStefano William G. Berkson James T. McKinlay III Class Gift Total: Edward B. Ginn Edward D. Feldstein Raymond G. Bolton Carol Williams Melaugh $174,535 Jay S. Hamelburg Paul P. Flynn Syl J. Boumil William D. Metzger ★ Participation: 62% John R. Kenney Paula W. Gold Thomas D. Carmel Stephen V. Miller John J. Curtin Jr., Chair David H. Kravetz Alan S. Goldberg Paul K. Cascio Roland E. Morneau Jr. William M. Anderson Francis J. Lawler William M. Kargman Bruce Chasan Nicholas P. Moros Edward J. Barry John James Madden* Robert J. Kates Terrance P. Christenson James H. Murray Hon. Conrad J. Bletzer Sr.* Robert J. Martin* Lawrence A. Katz Robert C. Ciricillo Frank R. Newett William H. Borghesani* Donald J. Orkin James H. Klein Bernard J. Cooney Joseph R. Palumbo Philip H. Cahalin Denis G. Regan Daniel B. Kulak John E. Coyne Joseph M. Piepul John M. Callan Edward I. Rudman Alan L. LeBovidge Robert L. Dambrov Tyrone Mark Powell Walter J. E. Carroll Wilfred L. Sanders Jr. Edward A. Lenz Harold Damelin Neil S. Richman Hon. Clifford J. Cawley Daniel W. Shea Frederick S. Lenz Jr. Robert C. Davis James W. Segel Walter J. Connelly Murray G. Shocket Rowland V. Lucid Glenn E. Dawson Carol K. Silberstein Walter J. Corcoran* Ernest T. Smith* Robert E. McCarthy* Robert K. Decelles Alfred L. Singer Thomas J. Crowley John F. Sullivan Richard L. Medverd Vicki W. Dunaway Michael Smith Anna M. DiGenio John Herbert Sullivan Michael E. Mone William Eaton✝ Theodore F. Smolen Leo A. Egan Robert F. Sylvia* David L. Murphy Jr. Douglass N. Ellis Jr. Mark L. Snyder James F. Freeley✝ Herbert L. Turney John F. Murphy Hon. Francis R. Fecteau Lawrence O. Spaulding Eugene X. Giroux* Walter F. Weldon John E. Peltonen Donald N. Freedman James C. Sturdevant* Ellen McDonough Good Kenneth H. Zimble Gerald F. Petruccelli Joseph W. Gannon* Sidney F. Thaxter John F. Healy Gerald R. Prunier Diane Gordon Richard J. Vita William E. Hickey 1967 Charles P. Reidy Edward A. Gottlieb Bonnie G. Wittner Hon. John J. Irwin Jr. Class Gift Total: Arnold R. Rosenfeld* Michael S. Greco* Daniel S. Woloshen Richard P. Kelleher $205,378 Michael H. Rudy Georgia Corbett Griffin Florence A. Wood Marie Clogher Malaro Participation: 46% Daniel C. Sacco Timothy D. Jaroch John R. Malloy Kevin B. Callanan, Enid M. Starr Paul D. Jarvis 1977 Joseph E. Marino Sr. Co-Chair Terence M. Troyer Michael O. Jennings* ★ Class Gift Total: James J. Mawn William A. McCormack, Richard D. Zaiger Robert J. Kane $370,904 John J. McCarthy* Co-Chair Jane Lisman Katz Participation: 47% Barry R. McDonough Hon. Charles A. Abdella 1972 Robert D. Keefe James F. Kavanaugh Jr., ✝ Hon. George P. Morin Leland J. Adams Jr. Class Gift Total: Nancy King* Co-Chair Thomas F. Murphy John M. Baker $235,112 Timothy E. Kish Michael J. Puzo, Co-Chair David E. Namet Michael J. Balanoff Participation: 37% John P. Kivlan Douglas B. Adler George H. Parsons Stephen P. Beale Daniel E. Callahan, John A. Korbey Ronald A. Ball Edward J. Powers Samuel L. Black Co-Chair Joseph M. Kozak Esther R. Barnhart Gilbert T. Rocha Charles T. Callahan* Daniel J. Meehan, Co-Chair Bryan P. Kujawski Edward C. Bassett Jr. Charles M. Rose Carl J. Cangelosi Terrence J. Ahearn Stephen Kunken Andrew N. Bernstein Thomas P. Salmon* Peter S. Casey Floyd V. Amoresano Dennis J. LaCroix* Mitchell K. Black Richard K. Scalise Sr. Hon. David M. Cohen James H. Belanger Joel Lewin Linda N. Bogin James F. Stapleton Francis X. Colannino Hon. Edward J. Markey* Robert I. Bogin Michael F. Walsh* Leonard F. Conway Maureen A. Brennan Robert B. Welts* Paul M. Coran Edward E. Williams Hon. SuzanneV.Del Vecchio* Anthony J. DeMarco 1962 Class Gift Total: $156,610 Participation: 37% Richard T. Colman, Co-Chair David B. Perini, Co-Chair Bruce R. Balter* Roger M. Bougie* Pierre O. Caron Hon. Robert W. Clifford John J. Connors David R. Decker Charles W. Dixon* Carroll E. Dubuc*

★ highest participation; largest class gift * denotes members of the Class Reunion Committees ✝ deceased SPRING / SUMMER 2008 | BC LAW MAGAZINE 57 Christine P. Burak Rhona L. Merkur Edward F. Fay 1987 Mark Alan Katzoff Michael E. Capuano Carmen Messano Barbara B. Foster Class Gift Total: John Michael Kelly Philip M. Cedar Charles M. Meyer William Andrew Fragetta $121,322 Michelle S. LaBrecque Diana Waterous Centorino Ellen Miller-Wachtel Ellen Frank Participation: 37% Elizabeth Mary Leonard Joseph M. Centorino William E. Moderi Virginia Warren Fruhan Joseph M. Vanek, Chair Gary D. Levine Donald Chou Stephen D. Moore John Hugh Geaney Maris L. Abbene* Patricia Jansak Lewis Russell F. Conn Steven C. Nadeau Patricia Gelhaar Joseph Anthony Aceto Jeanne Elisabeth MacLaren Robert P. Corcoran Edward J. Notis-Mcconarty Peter Erich Gelhaar Janet Kei Adachi Macon P. Magee Kevin P. Crane Maura M. O’Brien Edward A. Giedgowd Catherine Arcabascio Arthur Scott Mansolillo Thomas P. Crotty Philip D. O’Neill* Stephen J. Gill Dr. Nicholas Argy Monica Marquez Leonard F. DeLuca Brian G. Osganian Edith Adina Goldman Edward Gomes Avila William Edward Martin Carl F. Dierker Peter A. Pavarini Robert L. Goodale David R. AvRutick Mercedes S. Matias Paul J. Dillon George A. Perry Daniel Robert Gordon Joseph H. Baldiga Walter K. McDonough Jill A. Hanken Dimitri Mark H. Puffer Patrick Lawrence Grady Kevin L. Barron Jr. Anne Craige McNay Thomas J. Douglas Jr. Diane L. Renfroe Andrew Clark Griesinger Kathryn Jean Barton Josephine McNeil Evan Crosby Dresser Anne Smiley Rogers Barbara Hamelburg* Richard J. Bedell Jr. John Andrew Meltaus Richard A. Feinstein S. Jane Rose* John A. Herbers Janet Jean Bobit William A. Navarro Betty N. Ferber Gary A. Rosenberg Norma Jeanne Herbers Charles Dunstan Boddy Jr. David S. Newman Joel H. Fishman Paula E. Rosin John M. Hession Calissa Wichman Brown Paula Marie Noonan Richard V. Fitzgerald Steven Paul Ross David James Himmelberger Kevin Martin Brown Brian A. O’Connell Edward L. Fitzmaurice Jr. Andrew M. Rossoff Janet Lynn Hoffman Mary Alice Cain Cadrot James W. Oliver Leopoldo Fraga Mary K. Ryan David Kavanaugh Kevin C. Cain* Peter Anthony Palmer Richard H. Friedman*✝ Jeffrey S. Sabin* Donald Monroe Keller Jr.* Aylene Marion Calnan Andrea Peraner-Sweet Mark S. Furman Kitt Sawitsky* Susan Lee Kostin Kathleen McLeod Caminiti Alison Randall Joan A.M. Gearin Anna M. Scricca Edward Joseph Krug Patricia J. Campanella David Mitchell Rievman* Charles E. Gilbert III Barry J. Sheingold James Michael Langan Jr. Brian Anthony Cardoza Jon Randall Roellke Marlene A. Gold Susan St. Thomas Cindy A. Laquidara Frank David Chaiken Marcea Milton Rosenblatt Martin J. Golub Joan C. Stoddard* Elaine Rappaport Lev Claire W. S. Chinn Bonnie C. Rowe Melinda V. Golub Michael L. Tichnor David P. Linsky Colin A. Coleman Peter Eric Ruhlin* Thomas L. Guidi David J. Tracy Michael W. Lyons Margot Bodine Congdon Pamela Drugge Rusk James S. Hamrock Jr. Eric T. Turkington Alice Marie MacDermott Mark W. Corner Carol E. Schultze* James E. Harvey Jr. Raymundo Velarde Loretta Leone McCabe Xiomara Corral Dr. Rita Arlene Sheffey Mary Holland Harvey Michael Steven Villeneuve Paula Kelly Migliaccio Eduardo Cosio* Melissa Jo Shufro Christian Haufler Jr. Lawrence M. Vogel Juliette H. Montague Margaret B. Crockett Jay Evan Sicklick David A. Horan Ronald E. Weiss Paul Joseph Murphy Tricia F. Deraska Timothy M. Smith Norma J. Iacovo Jeremy A. Wise William H. Ohrenberger III Lavonda R. Dewitt Richard W. Stacey Linda G. Jason Glenn M. Wong Hon. Sally Forester Padden George T. Dilworth Kathryn Ashbaugh Swenson Anne Leslie Josephson John T. Yu Ameli Padron-Fragetta* Michael P. Doherty Graham Leslie Teall D. Douglas Keegan Steven Howard Peck James Craig Duda George Solon Tsandikos Mark C. Kelly* 1982 Lisa Gail Polan Dennis Michael Duffy Cecile Shah Tsuei Ann I. Killilea Class Gift Total: Carol Frances Relihan Anne Meade Falvey Joan Ottalie Vorster Harriet C. King $265,795 Richard Joseph Riley Eileen Mary Fields Teresa J. Walsh* Robert P. Kristoff Participation: 33% Patricia Kennedy Rocha* Frank Anthony Flynn Kimberly Warren Dennis J. Krumholz Camille Kamee Fong, Martin John Rooney Richard J. Gallogly Dennis R. La Fiura Co-Chair David Philip Rosenblatt* Mary E. Garrity James F. Lafargue Barbara M. Senecal, David Joel Rubin Madelyn Genereux Dennis A. Lalli* Co-Chair Julia Shaw Larry Goanos Stephen R. Lamson Marco E. Adelfio Charles P. Shimer Diane Marie Gorrow James P. Laughlin Pandora Ahlstrom William Edward Simon Jr. Donna Stoehr Hanlon Alexandra Leake Jonathan M. Albano Peter Gilman Smick Maria Letunic Hanlon Alice Sessions Lonoff Betsy Haas Anderson Walter Eugene Stern III William J. Hanlon Kevin J. Lynch Paul Joseph Ayoub Neila J. Straub William A. Hazel Thomas E. Lynch III Vincent Charles Baird Gregg Lawrence Sullivan Thomas Albert Hippler John J. MacDonald Thomas Leon Barrette Jr. Anne Altherr Templeton Sylvia Marisa Ho Vincent P. Maraventano Mark T. Beaudouin Edward Louis Toro Arthur Scott Jackson Gary M. Markoff* Jeffrey Mark Bernstein Andrea S. Umlas Scott J. Jordan Patrick J. McAuley Michael John Bevilacqua* Kathryn Akuahah Wheaton Timothy W. McGee Kevin Michael Carome Cindy Platter Yanofsky Claire L. McGuire Virginia L. Cheung Christopher Wayne Zadina Elaine C. McHale Jeffrey A. Clopeck Christopher G. Mehne John H. Cornell III Thomas Paul Dale* Steven Douglas Eimert * denotes members of the Class Reunion Committees ✝ deceased

58 BC LAW MAGAZINE | SPRING / SUMMER 2008 [ REUNION GIVING REPORT]

1992 Jeffrey Alden Healy 1997 Joyce Beth Moscarelli Daniel J. Brown Class Gift Total: $50,018 Brigid Kane Hurley Class Gift Total: $23,330 Thomas James Murphy Matthew P. Cormier Participation: 25% Jon M. Jacobs Participation: 20% Laurence Patrick Naughton* Rosalyn Cormier Martin F. Kane, Co-Chair Patricia A. Johansen Matthew Joseph Kelly, Abigail Sterling Olsen Patience W. Crozier Andrew Charles Oatway, Rodney D. Johnson* Co-Chair Brian J. O’Rourke Jr. Christine M. Driscoll Co-Chair David W. Johnston Timothy F. Silva, Co-Chair Barbara Osborne Ryan Erik Driscoll Dennis P. Ahern Alison Napack Kallman David Matthew Belcher Claire L. Patton Michael Russell Dube Mary Ellen Alessandro Tamsin Kaplan J. Channing Bennett Matthew M. Rosini Sheila M. Flanagan-Sheils Debra Brown Allen Christopher J. Kelley* Bettye Ann Blatman Elizabeth A. Rover Bailey Carlo N. Forcione Isabel Barney Patrick Benedict Landers Peter G. Brassard William Thomas Russell* Michael A. Fralin David Baron Christopher Elten Lee Karen C. Bruntrager Jay Sandvos Rebecca A. Frost George G. Burke III Scott Allen Lively Patrick Charles Cannon Jill Ann Sheldon Maureen L. Goodman Luke T. Cadigan John F. Malitzis Brian Patrick Carey* Bruce Skillin Kimberly A. Greco Susan J. Calger Patricia A. Markus Tracy A. Catapano-Fox Stephen J. Tonkovich Soohyun Jun Lucy Manning Canavan Matthew Charles McNeill David Cerveny Anne Turley Grace P. Laba Megan Elizabeth Carroll* David C. Megan Christian Chandler Laura B. Twomey* Anthony R. Marciano* Robert John Cerny Thomas Owen Moriarty Beth Criswell Beth C. Van Pelt Ian R. Marinoff Andrew Ward Cohen Sean Andrew Murphy C. John DeSimone III Sarah E. Walters Katherine Sandman Deborah Sue Cohen Antonia R. Nedder Michael H. Dolan II Daniel H. Weintraub McKinley Colleen Curtin-Gable Valerie J. Nevel Vicki Donahue Charles Willson Sarah J. Melia Glenn Deegan* Henriette Perkins Jason E. Dunn Jonathan A. C. Wise Raquel A. Millman Michelle R. Dennison Jodi M. Petrucelli* Brian E. Falvey* Adam Michael Zaiger Lt. Cdr. Robert P. Monahan Jr. Maureen A. Dodig Jennifer D. Queally Daniel Forman Michael P. Murphy B. Dane Dudley Dennis Charles Quinn Eric Jay Freeman 2002 Aida M. Orenstein Cardona Joan Redleaf Durbin Jeffrey J. Renzulli Amy Reinhart Gaffney Class Gift Total: $44,825 Sarah Ellen Ragland* Maureen C. Dwyer Richard Paul Rhodes Jr. David D. Gammell Participation: 16% Jeffrey William Roberts Steven P. Eakman Anthony David Rizzotti Thomas A. Guida* Mary Alice Wilbur, Chair William A. Ryan Stephen V. Falanga* Mark Anthony Schemmel Nicole R. Hadas Reuben B. Ackerman Jessica C. Sergi Kristine E. George Diana Schur Stuart J. Hamilton Amy B. Auth Kristin M. Smrtic-McMahon Sarah Jane Gillett-McKinney Eric H. Sills Mark Stephen Kaduboski Charles W. Azano Douglas A. Sondgeroth Stephen P. Griffin Jeffrey D. Thielman John Kavanagh III Elizabeth M. Azano Lisa A. Tenerowicz* April Pancella Haupt* Julia T. Thompson Christine A. Kelly* Marc N. Biamonte Emily L. Walsh Elizabeth S. Torkelsen Jennifer A. Lane Aimee Bonacorsi Cristina M. Woods Steven Miles Torkelsen Amy Moody McGrath Debra Bouffard Lucy Yen David McIntosh Alex Yuan Kelly Corbett McIntosh Douglas B. McLaughlin [ I N C LOSING]

Citizen Jane

At the swearing in ceremony, an immigrant pledges her allegiance to a new flag

BY JANE WHITEHEAD

n the auditorium of the Hynes Convention Center in Boston on a Monday morning in March, my husband and I are among 2,924 people waiting for a federal judge to preside over the Oath Ceremony that will trans- form us into US citizens. IFor three hours we sit on raising our son here for sixteen black plastic chairs, in rows of years, we’re ready to take an eighteen people, in the vast con- active part in our adoptive soci- crete-floored space with its grey- ety. So we have studied books painted breezeblock walls. We like Pass the US Citizenship were in the first batch of the day Exam, and How to Prepare for to be seated, so now we have to the US Citizenship Test, and wait for the hall to fill. Up in the learned the approved answers visitors’ gallery, babies wail, and to questions like, “What is the an official announces from the Constitution?” and “Name podium that nursing mothers three rights or freedoms guaran- are allowed to leave their seats teed by the Bill of Rights.” We to feed their children. have agreed to bear arms in Immigration officials move defense of the United States, and down the ranks, handing out we have declared ourselves to bundles of little US flags at the be of Good Moral Character. end of each row. As instructed, Like adoptive parenthood, citi- we take one and pass them zenship that is not a birthright is along. They say “Made in Chi- subject to more stringent stan- na.” Later, we’re given copies of dards than that granted by The Citizens’ Almanac, and nature. Her Britannic Majesty booklets containing the texts of never inquired into our moral the Declaration of Independence character before extending her

and the Constitution. NOAH WOODS protection. Two middle-aged Russian It’s well past noon and we’re women at the end of the row in front twirl their flags beginning to feel hungry when an official comes to the and pose for a friend or family member who is taking podium and announces that bathroom privileges have pictures from the gallery. Any diversion is welcome. By been terminated until after the ceremony, as the judge this stage in the process, we all know that citizenship is about to enter the auditorium. We all rise at the takes patience. To get to this day, we’ve spent hours entrance of United States Magistrate Judge Marianne waiting to be fingerprinted, interviewed, quizzed, pho- B. Bowler and her entourage. tographed, and documented. In addition to receiving citizenship, many in the In comparison to many of our fellow applicants, my newly constituted courtroom are changing their husband and I have had an easy ride, as white, British- names. Judge Bowler assents to the changes, and 500 born, English-speaking people. We have not had to new identities are minted. The judge leads us in the hire translators or attorneys, or struggle to master the Oath of Allegiance, and we renounce our allegiance to basics of a foreign language. We are not fleeing oppres- all foreign princes and potentates, and swear to protect sion or seeking asylum. But after living, working, and the Constitution against enemies foreign and domestic. (continued on page 53)

60 BC LAW MAGAZINE | SPRING / SUMMER 2008 COUNSELOR

Advice from Estate Planner Michael Puzo ’77 Charitable Lead Trusts With interest rates at historic lows, this is an ideal time to set up a charitable lead trust (CLT). Not as well known as the charitable remainder trust, the lead trust flourishes when rates are low. The typical CLT involves a long term trust that runs first for charity, returning later to the donor’s children or grandchildren. The charitable interest “leads” the private interest, hence the name. When you set up a CLT, you’re really making two gifts: the lead gift to charity and the remainder gift to your family. These two gifts are valued using an IRS assumed rate of return. At press time in May, that rate was 3.2 percent, down from April’s 3.4 percent, and the rate changes monthly. If actual investment returns exceed that rate, the excess can work to your advantage. A well designed and invested CLT makes a wonderful charitable gift and can move substantial wealth to the next generation free of transfer taxes. Charitable lead trusts come in two varieties. In a charitable lead annuity trust, the amount going to charity is fixed up front and doesn’t change. In a charitable lead unitrust, the charitable interest is set as a percentage of the trust’s initial value and the trust is revalued each year, so the charitable payout changes annually. Each has its place. Today, the annuity version is particularly well suited to the donor who wants to make a charitable gift and target appreciation for his or her family. Setting up a CLT for BC Law, with property returning one day to your heirs, can be a real “win-win” gift— and the kind of gift that the University’s Shaw Society, BC’s planned giving group, was formed to recognize. Contact BC Law Director of Development Michael Spatola at [email protected] or 617-552-6017 for more information. The times might change, but some things stay the same

Our students and faculty still rely on alumni support. Please make your annual gift today to

THE LAW SCHOOL FUND www.bc.edu/lawschoolfund

Boston College Law School Non-profit org 885 Centre Street US Postage Newton, MA 02459-1163 PAID Permit No. 86 White River Jct., VT