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10-1-1997 Boston College Law School Magazine Fall 1997 Boston College Law School

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P UBLICATION NOTE

BOSTON COLLEGE LAw SCHOOL DEAN Aviam Soifer

D IRECTOR OF I NSTITUT IONAL ADVANCEM ENT Deborah Blackmore Abrams

EDITOR IN CHIEF Vicki Sanders

ASSISTANT EDITOR Suzanne DeMers

Ci )NTRIB UllNG EDITORS Stephen Greg Criswell Anne M arie Donahue Jennifer Scupi

Boston College Law Schoo! Magazine welcomes readers' commenrs. YOLI may contact us by phone at (617) 552-2873; by mail at Bosron Coll ege Law School, Bafar H ouse, On the Cover: 885 Centre Street, Newton, MA 021 59- 1 I 63; or bye-mail at [email protected].

A campus mosaic: With this edition, the Copyright 1997, Bosron College Law Sc hool. All publicarion righ ts reserved. magazine breaks tradition with themed issues and brings you a variety of feature Opinions expressed in Boston CoLlege Law articles that involve the entire Law School School Magazine do nor necessari ly reHect the views of Bosco n College Law School community. The photographs on the cover or Boston College. are details of the people whose stories are told inside. Photos (except fourth from left) are by Dana Smith. FALL 1997 VOLUME 6 NUMBER I

FEATURES

Tragedy on Beacon Street: The John Salvi Story BOSTON 12 How one man's rampage with a gun touched the Lives offour COLLEGE Law School alumni LAW By Dan Kennedy SCHOOL MAGAZINE Vision Quest 18 For his seLfless fight to help Native Americans, Lew Gurwitz became a Legend in his own time By John Lauerman

'You Say You Want a Revolution?' 22 In ways Large and smaLL, the women of '67 are making history By Vicki Sanders

Out of the Sandbox

How internationaL Laws can help protect American children's rights By Sanford J. Fox

The Whys and Wherefores of Planned Giving INSIDE An expert has the answers that aLL donors need to know BACK COVER

8 18 22 35

DEPARTMENTS

IN BRIEF 2 ALUMNI NEWS AND NOTES 37 FACULTY NEWS AND NOTES 32 ANNUAL GIVING REPORT 44 law professors Arthur 111f"'*"'I"1 Miller and Geoffrey Hazard; practicing Campus lectures, attorneys Harvey Kaplan visitors, symposia and Robert Klein; and senior members of the Compiled by Jennifer Scupi US Justice Department.

AJudaic Perspective

Noam J. Zohar, Ph.D., from the Department of The Committee on Philosophy at Bar Ilan Civil Rules of the Judi­ William Pepper 7 9 continues (0 fight for the free dom of the University, Israel, spoke cial Conference of the oiling james Earl Roy, who seeks exoneration in the assassination at the Law School this of Martin Luther King jr United States held a fall. His presentation symposium at the Law Ex-Ray Vision cenee. Though Pepper was entitled "Exceptions School in September. succeeded in garnering a to the Suicide Prohibi­ Discussion centered on William F. Pepper '79, great deal of publicity tion - A Judaic Debate possible changes in fed­ on a visit to Main Cam­ earlier this year when on Toleration and eral rules aimed at mak­ pus in October to deliv­ members of King's fam­ Assistance. " ing the civil litigation er the keynote address ily spoke out in defense process fairer and more at an awards ceremony of the ailing Ray, Pepper efficient. Some of the of the Martin Luther said the courts are not nation's lead ing federal King] r. Memorial moving fast enough. judges, trial lawyers and Author Talks Shop, Committee, said time is "I'm proud but I'm academicians attended. Wins Raves running out for James frustrated at how long Professor Daniel R. Earl Ray, the man con­ it's taking," Pepper said Coquillette was the Lawrence Joseph gave a victed in King's death. of the petition to free informal host of the reading at the Newton Pepper has spent 20 Ray. Pepper wrote about symposium chaired by Campus in September years investigating the his investigation of the US Circuit Judge Paul from his popular new case against Ray and is case in his 1995 book, V. Niemeyer, chairman book Lawyerland. A law convinced of his inno- Orders to Kill. of the Civil Rules Com­ professor at St. John's mittee. Also active were University and a pub­ US District Court lished poet, Joseph Judge David F. Levi, researched the book by chairman of the Discov­ interviewing attorneys ery Subcommittee; from all sectors of law Richard Marcus, distin­ and encouraging them guished professor of law to speak candidly about at the University of Cal­ their work, their clients, ifornia's Hastings Col­ other lawyers and the lege of Law; and Uni­ law itself. From these versity of Michigan Law exchanges, he created Professor Edward eight composite charac­ Cooper. Other partici­ ters whose stories com­ pants included federal prise the volume. judges Hon. Edward Lawyerland received Becker, Hon. Patrick rave reviews in The New Higgenbotham and York Times and many Hon. Robert Keeton; other publications. Author Lawrence joseph's Lawyerland, a kind of attorneys' te fl -a ll, has landed him on the lecture circuit and the best-seller lists.

2 BOSTON CO LLEGE LAW SCHOOL MAGAZINE / FALL 1997 Church v. State: No End to Debate But Can He Sing?

The American Jewish Philip Anderson, presi­ Committee and the Law dent-elect of the Ameri­ School presented "A can Bar Association, Symposium on Two spoke on immigration Church-State Contro­ law at the Law School versies: Prayer in Public in October. The title of Schools and Govern­ his speech was "A Chal­ ment Aid to Parochial lenge to the Bar: Assur­ Schools" in September. ing Justice and Due Process to America's The keynote speakers were Marshall Breger, Newcomers." The talk professor of law, was accompanied by a Columbus School of specially produced video Law, Catholic Universi­ with soundtrack by ty; and Robert F. Dri­ Bruce Springsteen and Immigra tion was the topic or ABA president-elect Philip Anderson 's nan, S.]., professor of the Indigo Girls. recent Law School address. law, Georgetown Uni­ versity Law Center. The respondents were Mar­ Speaking Freely tin Kaplan, chair of the American Jewish Com­ T he Federalist Society mittee's Interreligious hosted a debate in Sep­ Affairs Committee; Law tember between Profes­ School Dean Aviam sor Lillian BeVier of the Soifer; and Jeremy University of Virginia Paul, visiting professor Law School and Profes­ of law at the Law sor Arthur L. Berney of School. The moderator Boston College Law was Michael School. The topic was Regunberg, vice presi­ campaign finance dent for public affairs at reform and the First Brandeis University. Amendment. BeVier argued that campaign finance restrictions vio­ late the First Amend­ ment guarantee of free speech. Berney asserted that properly crafted limitations on campaign contributions and some restrictions on expendi­ tures do not violate the First Amendment.

Rites v. Rights

Professor Scott T. FitzGibbon debated Professor Charles Baron on physician-assisted suicide legislation, in Marshall Breger or the Columbus School or Law Professor Scott FitzGibbon v. Professor Charles Baron October. _

FA LL 1997 / BOSTON COLL EGE LAW SCHOOL MAGAZINE 3 alumni and the people who serve them. So this new job is sort of a nat­ Recent hires ural extension of myoid and promotions one."

Since August, when she moved into her new office in Barat House, Linda Glennon's enthu­ Glennon has been siasm for her new job working closely with the as Associate Director of Alumni Council on the Alumni Relations verges broadened national del­ on the ecstatic. "I love egate program, and she it," she says. "I has put a lot of effort absolutely love it." into the planning and expansion of the annual Dealing with alumni is reunions. In November, nothing new for Glen­ for example, reunion Father Fredenck Enman 7 8 brings his compassIonate smile to his role as student counselor and non, who previously classes attended a administrator. served as assistant to roundtable faculty dis­ Dean Daniel R. Coquil­ cussion and a picnic rants throughout the taught at Loyola Uni­ faculty in 1991, Herr­ lette and, more recently, before spending the Boston area. On Sunday versity Law School, mann spent more than to Dean Aviam Soifer. evening with their morning, they returned Boston College Law 10 years as a criminal "Working for the respective classmates, to the campus for a Ser­ School and Holy Cross. defense lawyer involved deans," she says, "I had who gathered at differ­ vice of Remembrance He is also executive in both trial and appel­ a lot of contact with ent hotels and restau- before setting off for director and a co­ late cases. He holds home. founder of Matthew 25, degrees from Fordham an ecumenical organiza­ University, Woodstock "I think my favorite tion in Worcester, Mass­ College and Boston part of the job is getting achusetts, dedicated to College. In addition to to know the alumni on food- and housing-relief his new responsibilities a one-to-one basis," she projects. In addition to as rector, he continues says. "I want everyone his work with the dean to teach Criminal to know that my door is for students and student Clinical Process. always open. I'm on the organizations, Enman other end of the phone, celebrates noon Mass John Nann is the new ready to do whatever I for the Newton Campus. Educational Technology can for our alumni. Specialist/Legal Refer­ We're here for them." "I am really delighted to ence Librarian. He be back at the Law comes from Brooklyn Frederick M. Enman School," says Enman. Law School, where he Jr., S.] ., '78 is the new "I had heard about the was computer services assistant to the dean for work Father Malley was librarian, a position students, a half-time doing and I'm looking similar to one he held position previously held forward to carrying previously at Suffolk by James B. Malley, S.]. on his work in student Law School, his alma (see story page 8), who services." mater. In addition to his continues to teach Law, reference work and Values and Professional Assistant Professor teaching - he joins Identity. Enman, who Frank R. Herrmann, other reference staff as was ordained to the S.] ., '77 was named an instructor in Legal priesthood in 1988, a Rector of the Jesuit Reasoning, Research year after he received a Community at Boston and Writing - Nann master's in philosophy College in July. Before has special responsibility EnthusIasm and knowledge serve Linda Glennon well in her new at Boston College, has joining the Law School for assisting faculty in alumni-relations post.

4 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 moving technology into office manager and the classtoom. administrative assistant distributing the funds Guided by an imple- to the Criminal Bureau University over the next five years. mentation commirree Speaking of the library, Chief in the office of Planning Council "It's a big moment in headed by Professor Sharon Hamby O'Con­ the Massachusem Decision the life of our relatively James R. Reperri, the nor has a new tide: Arrorney General. Imminent small law school," says Law School faculty is Associate Dean for Kathleen Moran, a Dean Aviam Soifer. working our final details Library and Computing night-school history The Law School has put of the projects that are Services, a name that major at Boston College forth international law, The mission of the to be funded. A signifi- more accurately refleers and a former legal secre­ public interest law and UAPC has been to cant portion of the her "extraordinary con­ tary, is the new Admin­ infrastructure as the identify ways to money, says Soifer, will tributions" to the Law istrative Assistant to the areas for potential devel- enhance the overall be devoted to student School, says Dean Dean for Students. Joan opment under Boston quality of the university. financial aid and the Soifer. O'Connor is also Manna has joined the College's $260 million Its goal is to strengthen hiring of new faculty. an Associate Professor Dean's Office as a Staff improvement initiative. professionial education, "Rather than just divid- of Law. Assistant. She comes reaffirm the Jesuit and ing the money up, or ftom Wellesley College, The University Acade- Catholic mission, spending a lirrle here In the Dean's Office, where she served most mic Planning Council increase research pro- and a litde there, we're there are several new recendy as administra­ (UAPC), which is ductivity, enlarge and taking quite seriously faces. Patricia Padon tive assistant to the dean. expected to announce support faculty and the need for long-term has been hired as its university-wide allo- improve the quality of planning," says Soifer. _ Administrative Coordi­ Career Services welcomes cations shortly, will be student life. - Anne Marie Donahue nator to Dean Soifer. two newcomers, Kim She brings to the job Gardner as recruitment more than 15 years of coordinator and Kari experience as an execu­ Haaland as secretary. _ tive legal secretary, - Anne Marie Donahue bers." Of the 43 nation­ The growing number of Clerkships on wide clerkships, 20 were clerkships is the result the Rise in federal courts, 23 in of the Law School's state courts. continuing effort to Judicial clerkships, con­ build the program, sidered to be prestigious The numbers were par­ French says. career-building oppor­ ticularly impressive in tunities for graduates, the Massachusem Assistant Professor Kent were up 39 percent for Supreme Judicial Court, Greenfield has been the class of 1997, where five out of 14 chairman of the Judicial according to the Office clerkships were given to Clerkship Commirree of Career Services. Boston College Law for three years, during Forty-three students School students. which time clerkship took positions with fed­ resources have been eral and state courts, a Jean E. French, director expanded and faculty jump from 31 in the of career services, says have become more previous class. a clerkship is a creden­ involved in advising stu­ tial that is highly val­ dents on such pOSts. "What's impressive is ued in both the public "We've been encourag­ not just the number, and private sectors. "It ing students to apply, but also the breadth of is also a great mentor­ and we help them nego­ the clerkships," says ing situation and a tiate the process," says Dean Aviam Soifer. way to see the judicial Greenfield. "But the key "They are not only at process first-hand in to our success is that both the state and fed­ either trial or appellate our students are terrific. erallevel in Massachu­ courtS," she says . "It's Once judges see them sem and New England, also a way to start and meet them, they but also around the Assistant law proressor Fronk Herrmann. Sj., 77 adds the title or developing good hire them." _ rector to his list or Boston College accomplishments. country in record num- lawyering skills." - Vicki Sanders

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 5 THE PUBLIC INTEREST A Commitment SCHOLARS to Public Service Pays Oft Three first-year students are receiving assistance Because the average from the Public Interest Boston College Law Scholarship Program, School student graduates which provides awards with debt from law and equal to two-thirds the undergraduate loans in cost of tuition for those excess of $60,000, many entering students intent . . students feel constrained on pursu1l1g careers 111 to seek employment in public interest law. The high-paying corporate or scholarship is renewable law-firm positions. for three years and Graduates who might reverts to a loan only if otherwise wish to work the recipients' career in public sector jobs may plans change. be dissuaded from doing so by the magnitude of "It's a big misconcep­ tion that people my age only go into law to make money," says Kris­ Committed (0 helping others, Mi-Rong Yoon '98 is using her ten Varsames, who grew tUition grant to train for a coreer In public service. up on a farm in Ver­ "The Champy signifies that the mont. "There are a lot school is really committed to working as a paralegal at Stanford University in of students who want to the Harvard Immigra­ 1991, for example, she supporting people who want to enter public service but tion Clinic, she explains, spent six months in can't because of their go into public interest." "1 realized that I wanted Calcutta as a volunteer debts," she says. "And, to do something practi­ with the late Mother after you've been in cor­ cal and hands on." Her Teresa's Missionaries of porate law, it's hard to admiration for the Charity, teaching Eng­ go back to public their debt. In response debt is less of an obsta­ Jesuits steered her lish and caring for lep­ interest." to this student-debt cri­ cle to a career in public toward Boston College. rosy patients and sis, and to ease the interest law. "The "1 found myself attract­ orphaned infants. While Varsames, who worked impact on students Champy Fellowship ed to Jesuit spirituality," at the Law School, she full-time as a legislative choosing public-interest really helps to reduce says Yoon, who convert­ has spent her spring correspondent for Sena­ careers, the Law School my debt load," she says. ed to Catholicism in breaks and summers tor Jim Jeffords (R-Ver­ has implemented a "The money is great, 1995. "The belief that helping refugees and mont) while also number of new funding bur that's just a part of you can find God in all immigrants, first with the attending Georgetown's mechanisms. it. The Champy also things really appeals to Haitian Catholic Center School of Foreign Ser­ signifies that the school me. Within the Jesuit in Miami and then with vice, is particularly THE CHAMPY FELLOW is really committed to framework, there isn't a the Refugee Immigration interested in legislation, supporting people who divide between the secu­ Ministry in Boston. A but she has not decided Serving others has long want to go into public lar and the religious. It member of the Law exactly what she wants been a priority for Mi­ interest. " embraces the entire School's Public Interest to do after law schoo!. Rang Yoon '98, who has world." Law Foundation's Execu­ journeyed as far afield Yoon, 28, made the tive Committee, Yoon is She is quite certain, as India and Haiti to decision to pursue law Born in Korea and also co-founder and however, that entering aid those in need. Now, as she was nearing the raised in Connecticut coordinator of the public interest law thanks to the generosity end of a master's pro­ and Canada, Yoon has school's Haiti Project, would not be a possibil­ of Lois and James A. gram at Harvard Divini­ traveled to some of the which sent 14 students ity if she had not Champy '68, donors of ty School, where she world's darkest corners and Professor Frank R. received the scholarship. an annual $9,000 tuition focused on Ethics and to help the unfortunate. Herrmann, S.J., '77, "It's a terrific honor, grant, Yoon finds that Christian History. After After graduating from there last spring. and ['m very grateful,"

6 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 she says. "At the Law According to Soifer, the School, the alumni, the timing of the reaccredi­ faculty and the adminis­ tation process couldn't tration all seem deter­ be better for the Law mined to make public School, because of how service a real option." it dovetails with the self-study and goal-set­ The other Public Inter­ ting required by Boston est Scholars for 1997- College's University '98 are Gretchen Marie Academic Planning Hunt and Btyan Council (UAPC) McCowan. initiative.

THE HUMAN RIGHTS The UAPC is charged PROJECT STIPEND with disbursing $260 RECIPIENTS million university-wide over the next five years. With the help of It is depending heavily The Campbell Fund allowed Lawrence Sheh '98 to get valuable hands-on experience in Middlesex stipends provided by County Supenor Court. on recommendations the Owen M. Kupfer­ from faculty and staff as schmid Holocaust and Cambodia. Allesandra J. THE CAMPBELL FELLOWS it makes final decisions Human Rights Project Hunt '98 devoted three Reaccreditation about how the money (HHRP), three Law months to UNICEF. The resources of the Nears Final will be allocated. "It's School students spent And Kathleen Hamill, Campbell Fund, begun Stage quite fortuitous, " says their summers working who is in her third year by Richard P. Campbell Soifer, "that the reaccred­ for causes dear to their and working on a joint '74, made it possible for In March, a team from itation and the UAPC hearts. degree from the Law Lawrence Sheh '98 and the American Bar Asso­ processes overlap." _ School and the Fletcher Denise Castillo '99, both ciation will be on cam­ - Anne Marie Donahue Elizabeth A. Broderick School of Law and minority students, to pus to complete the '98, who is also the stu­ Diplomacy, dedicated spend the summer assist­ final phase of the reac­ dent chair of HHRP, her summer to Human ing Judge Raymond creditation process, worked for Legal Aid of Rights Watch of Brazil. Brassard '71 in the Mid­ which all law schools dlesex County Superior undergo every seven Calling All Court. As interns, Sheh years. Letter Writers Kristen Varsames says (ollowing her dream would not be possible and Castillo took on without the aid o( a Public Interest Scholarship. tasks similar to those Dean Aviam Soifer Do you like what assigned to clerks. welcomes the scrutiny. you read in this maga­ "It's always helpful to zine? Do you take issue In addition to observing get outside views," he with a story? Do you trials and motion hear­ says. However, the have a recollection you ings, the fellows did most valuable part of want to share? Starting research and drafced the process, he stresses, with the Spring 1998 opinions. "The experi­ is the self-study com­ issue, the Boston College ence was absolutely ponent. "We're using it Law School Magazine great, and it heightened as an opportunity to will publish your lerrers my interest in litigation, do much more than to the editor. So sharp­ says Castillo, who comes the minimum," says en those pencils - and from Griffith, Indiana. Soifer. "As a faculty, we those wits - and give are taking the self­ us a piece of your mind. "Gerring out there and study very seriously Write to Letters to the observing lawyers prac­ and looking at what Editor, Boston College ticing - it's different we've accomplished Law School Magazine, actually seeing a real since the last review. 885 Centre Street, proceeding," says Sheh. But, even more, we're Newton, MA 02159- "I learned a lor." _ looking at where we 1163, or e-mail to - Anne Marie Donahue want to go." [email protected]. _

FALL 1997 / BOSTON COLLEGE LAW SC HOOL !\1AGAZINE 7 Recent demand for free and In her new job, Levy low-cost legal services focuses on outreach, Graduates Find has been particularly community education Rewards in Father Malley Is a Man of acute since the middle and legal services for vic­ Many Missions Helping the of last year, when tims of domestic vio­ Needy national welfare reform lence. "It's hard, and sad, Corporate lawyer. Naval one else sees. He was began to be implement­ and sometimes tough to officer. Missionary. Pro­ the first person, for Four recent Law School ed. Although the new take, " says Levy. "But the fessor. Jesuit priest. example, to recognize graduates are putting regulations limit bene­ learning curve is sharp, James B. Malley has the seriousness of the their degrees to work as fi ts to rwo years in any and I'm glad to have the answered many callings student debt crisis." VISTA volunteers at five-year period and chance to be of help." in his rich and adven­ Greater Boston Legal require beneficiaries to turous life. But only As Malley himself Services (GBLS), which work, the rules can be Andrea Bopp Stark '97, with insistent prodding sees it, his job was a provides noncriminal waived under certain is also helping abused will he talk about any of straightforward one. "I legal assistance for low­ circumstances. A women, but her empha­ his careers except his tried to be helpful in income residents of woman who has experi­ sis is on undocumented priestly one. While he whatever situation came Boston, Cambridge and enced domestic violence immigrants who are can lay claim to up," he says. "Every day 31 other cities and and is living in a shelter, applying for permanent LL.B.lJ.D., USNR, Esq. when I'd walk across the towns. for example, can be residen t status under and Prof., S.J. is the driveway to work, I'd exempted from the the Violence Against only tag he is attached say, 'Lord, whatever According to Sarah work requirement if Women Act. "It's very to. He wears it well. comes up today, help Levy '97, who is work­ employment might rewarding," says Stark, me to be kindly and ing in the GBLS Wel­ bring her into contact who has degrees in Sad to say, Malley has helpful.' It wasn't any fare Unit, the with her abuser. psychology and social given up his position as more structured than work. ''I'm doing exact­ general assistant to the that." ly what I wanted to do." dean of the Law School, a catch-all title for a job Malley learned adapt­ The Future Is Now: Kathryn Gans Rothman so elastic that it ability early on. War A Profile in Numbers of the '97, who also has a stretched to cover duties interfered with his plans background in psychol­ as diverse as long-term rwice in less than 10 Class of 2000 ogy, is working in the planner, ad hoc admin­ years. He was studying Health Unit, where she istrator and advisor to history at Dartmouth Number of applicants: 4,089 advises and represe nts students of many faiths when Pearl Harbor was clients who have lost or and backgrounds on bombed, which spurred Number of matriculants: 289 were denied Society matters academic, him to enlist in the Women in entering class: 55% Security benefits. financial, ethical, emo­ Navy. He rose to com­ Students of color: 22.5% tional and spiritual. mand a ship in the Jennifer Susanne Tschirch Asked to describe MaI­ Pacific. After the war, Colleges and universities represented: I 3 I '97, who handles politi­ ley's former job, Dean he entered law school. Undergraduate majors represented: 40 cal-asylum cases, joined Aviam Soifer ducks the "Law seemed like a Average age: 24 her class mates at GBLS impossible question and good way to make a liv­ in November. _ describes the man ing," he recalls, "and I Age range: 21-48 -Anne Marie Donahue instead. "Father Malley had easy acceptance at Advanced degrees: 23 masters, 5 Ph.D.s is extraordinary," he Harvard. So I just went. Median GPA: 3.5 says. "Exuberant. Soul­ I didn't give it nearly as ful. Invaluable in count­ Median LSAT: 161 Mea Culpa much thought and less ways." reflection as I advise In an article on art col­ students to these days." lecting in the Spring '97 "He was always there Geographic distribution: 39 states, District of After graduating in Columbia, Puerto Rico, England, Korea, Singapore iss ue of Boston College for faculty, students and 1949, he practiced cor­ Law School Magazine, staff, in times of tragedy porate law for only a The schools that sent the greatest number of authorship of a land­ and celebration," Soifer year before the Korean students to the Law School this year are: Boston scape painting was says. "He's solid, and War erupted and the College, Harvard, Cornell, Georgetown, Brandeis, incorrectly attributed. remarkably skilled at Navy recalled him from Tufts, University of California at Berkeley, University of Massachusetts at Amherst, Yale. The work is by Eric dealing with people. the reserves to do intel­ Hopkins. _ And he spots things no ligence work.

8 BOSTON COLLEGE LAW SCHOOL MAGAZI N E / FALL I997 After two years of stud­ ies and spiritual forma­ tion, one of them in Mexico City, Malley set­ rled into a seven-year job at Georgetown Universi­ ty Law Center, where he did counseling, teaching and administrative work. "Both at Georgetown and at Boston College, from 1981 my main ministry was one of lis­ tening to people," he says. "I found that people generally had their own answers, and if you lis­ tened and asked ques­ tions that might be help­ ful, they'd discover what their own answer was."

echoes the sentiments of many in the Law School community when he says that Malley's coun­ sel will be missed. For­ tunately, Malley is still around, teaching the Law and Values semi­ nar, doing pastoral work and pursuing his own

Though Father james Malley has left his administrative post at the Law School. he remains a joyful presence on campus.

By the time he got For Malley, the Society accepted a missionary back to his lawyering, of Jesus was a natural assignment in the urban with a New Hampshire choice. "I thought of slums of Sao Salvador, firm where he rose to the Jesuits first," he in northeast Brazil. "I partner, he was begin- says, "because I used to suppose if there was any ning to question know some of them really transforming whether law was his when I was a kid. I experience in my life," of it, and I rejoiced at research on the English true vocation. "I found lived just over in he says, "it was my the changes, particular- Reformation, a time in what I was looking for Waban, and I'd go bicy- work down there. At ly the emphasis on which the Church expe­ in law, but I needed cling around Chestnut the time, the Second social justice." He sums rienced changes that he something more from Hill. They struck me as Vatican Council was up the job he did there finds similar to those of life," he says. "Basically, a very friendly bunch." going on, and every- with characteristic this century. So he will I wanted to devote my thing was changing. economy. "From 1965 still be ctossing that life to something that I Malley entered the Soci- None of the answers we to 1971," he says, "I same driveway. And, felt was of supreme ety of Jesus in 1957 and thought we had seemed worked hard, and I chances are, he will importance, and that was ordained seven years to answer the questions served the poor people keep on saying that turned out to be serv- later, in 1964. As a that people were asking. as well as I could. same simple prayer. _ ing the Lord." freshly minted Jesuit, he I was glad to be part That's about it. " - Anne Marie Donahue

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 9 hibited from destroying legally protected fine art Recent installed by a prior Supreme Court owner on the church Decision Bears grounds. The artist, on on Church Art appeal, argued that no burden on free exercise Controversy had been shown by the church, and that the Art By George P. Field '78 Preservation Act expressly advances a In the Spring 1997 issue competing "strong pub­ of the Boston College lic policy" in preserving Law School Magazine, fine art and protecting an article called "The artists' reputations. Pros of Pro Bono" dis­ cussed the problem of Because the Supreme reconciling artistic Judicial Court denied expression with free protections to the artist exercise of religion, as on other statute-specific presented in the Massa­ grounds, the Moakley chusetts case of my client, sculpror John C. Moakley. A recent US Supreme Court decision on religious freedom resonates for George Field '78. who (ought a local case to Similar "free exercise" save a sculpture from being destroyed by a church. The additional meaning of Boerne issues were involved when, on June 25, the ing permit to enlarge a sion opens the way for for Massachusetts lawyers may United States Supreme church partly located in state courts to decide be that state constitutional Court decided Boerne v. an historic district. whether state constitu­ protections free exercise of Flores, invalidating the tional protections for for so-called Religious Free­ Under Smith, and pre­ free exercise of religion religion are more expansive than dom Resroration Act. sumably now reinstated are broader than federal those under the First Amendment. The purpose of the act by Boerne, laws not protections. In Massa­ was the re-institution of directed at religion and chusetts, the Supreme broader protections for neutral on their face are Judicial Court has pre­ free exercise of religion constitutionally valid, viously indicated that under the First Amend­ even if they adversely state free exercise pro­ meters of any such state decision did not resolve ment to the US Consti­ affect persons who are tections are to be mea­ constituted protections. the religious free exer­ tution, recognized since attempting to practice sured by the same sort As discussed in the cise debate between 1963 or earlier, but their religions. For this of standard set forth in magazine article, the church and preservation severely limited by Jus­ reason, the Boerne case the federal statute now scope and applicability interests in that case. tice Antonin Scalia's had been called "the stricken in Boerne. The of state free exercise opinion for the Court most important reli­ additional meaning of protections were briefed When similar clashes in Employment Division gious freedom case the Boerne for Massachu­ and argued to the Mass­ between asserted bur­ v. Smith. Supreme Court has ever setts lawyers, therefore, achuserrs Supreme Judi­ dens on religious exer­ had to decide." may be that state con­ cial Court in our case, cise and the rights of As a result of the US stitutional protections Moakley v. Eastwick. others now arise in Supreme Court's deci­ Since June, advocates of for free exercise of reli- T he trial court there Massachusetts and other . . sion in Boerne, the broader deference ro glOn are more expansive had refused to enforce states, the scope of state Archbishop of San religious exercise than than those under the the state Art Preserva­ protections for free Antonio may not chal­ required by the Smith First Amendment. tion Act against a exercise of religion will lenge, on federal "reli­ standard are searching church, holding that the require greater defini­ gious freedom" grounds, for a more receptive Past Massachusetts cases church's free exercise of tion, raising many of the City of Boerne's forum. In this connec­ give little guidance, religion would be the issues faced in John refusal to issue a build- tion, the Boerne deci- however, on the para- infringed were it pro- Moakley's case. _

10 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 anniversary of Stein's A Site for death in an Auschwitz Sore Eyes gas chamber in 1942, Neotsite- : McCarthy named the The Law School Web .. child Benedicta in honor site has a new face. The of Stein, who had taken colorful, easy-to-negoti­ the name of Sister Teresia ate site includes the Benedicta of the Cross contents of The Coun­ after converting from selor, the weekly bulletin Judaism and becoming a of Law School news; Carmelite nun. course listings; and dean and faculty profiles. Ten years ago, at the age Guides to the law of two, Benedicta library, registrar and McCarthy swallowed a student organizations massive dose of Tylenol are also available. The ,------.-- and fell into a coma, her Career Services locator liver and kidneys failing. iiiil! provides, among other McCarthy and his wife, benefits, weekly job Mary, asked more than postings. Links 100 friends and relatives throughout the site to pray to Stein, who make finding the infor­ Boston [011 eqe Law School had just been beatified. B65 [entr-e Str-eet. Nevd.on [er·~tre. f1A 02159. (617) :,52-6550 mation you want simple Comments to: Itt. McDonald Within a few days, and fun. Check it out III Benedicta recovered. Copyng~l\ 1997. Boston College La'" School at http://www.bc.edu/ Los\ Updated. September 1997 lawschool. _ "There was no doubt in our minds that it was a miracle," says McCarthy. It's a Miracle, "It's a great gift and a ed Repayment Plan To help graduates decide in More Ways blessing." Payback Timet allows monthly payment which plan is best suited Than One Loan-Repayment to begin lower and to their needs, the Dr. Ronald Kleinman, Plans Can Help increase over time. The Financial Aid Office can The Rev. Emmanuel the physician who treat­ Income Sensitive Repay- provide forms for itemiz- Charles McCarthy '67 of ed her at Massachusetts The Law School Finan- ment Plan allows ing personal budgets Brockton, Massachusetts, General Hospital, was cial Aid Office has sev- monthly payment to be (based on cost of living, has known for a decade astounded. "I'm willing eral plans to assist based on yearly income annual salary and loan that his daughter's recov- to say that it was a recent graduates with and loan amount. As commitments) so as to ery from an accidental miraculous result," he the repaymen t of their IOcome IOcreases or compare the costs of a Tylenol overdose was a told the Boston Globe in educational loans. The decreases, so does the standard repayment miracle. Last May, the May. After hearing his information is con- monthly payment. The schedule versus the alter- Vatican confirmed it and testimony last year in tained in a Loan Profile Loan Repayment Assis- natives. The forms are announced that Edith Rome, Vatican physi­ and Repayment packet, tance Plan provides up also useful for calculat- Stein, to whom McCarthy cians came to the same available to anyone who to $3,000 per year to ing the costs of consoli- prayed, has been approved conclusion, and Stein received financial aid graduates who take low- dating Stafford Loans. for sainthood. was credited with the while attending the Law paying public interest miracle needed to qualifY School. jobs. The funds assist If you would like to A priest in the Greek her for sainthood, which them with their month- review your loan repay- Catholic Church, which Pope John Paul II for­ The Standard Repay- ly loan payments. These ment or consolidation allows clergy to marry, mally approved on May ment Plan is the norm latter two programs are options, please contact McCarthy first heard 22. The canonization and is based on a com- extremely beneficial to the Law School Finan- about Stein the year ceremony will be Octo­ mon 10-year repayment those engaged in public cial Aid Office at (617) before the birth of his ber 11, 1998, making structure. The Graduat- service. 552-4243. _ daughter, the 12th of his Stein a Roman Catholic 13 children. When the saint. _ child was born on the - Anne Marie Donahue

FALL 1997 / ROSTON COLLEGE LAW SCHOOL MAGAZINE I I

Cold, horrifying details. Behind those details rages a debate that persists to this day, a year after Salvi's life ended in his prison cell, apparently by his own hand, on November 29, 1996. The debate can be framed as two competing questions: Was Salvi a soldier in an increasingly mil­ itant fringe element of the anti-abortion­ rights movement? Or was he a lost soul, suffering ftom mental illness, who should not have been held criminally responsible for his actions? No definitive answer can be provided to such questions, dependent as they are on philosophy and the uncertainties of psychology. The best society can do is to put the matter to a jury - and in the mat­ ter of CommonweaLth v. SaLvi, the answer was that Salvi was sufficiently aware of the wtongfulness of his deeds that he should be imprisoned for the rest of his life. But if the case against Salvi is closed, questions about his sanity persist. It is an ironic coincidence that many of the people involved in the Salvi tragedy have strong ties to Boston College and to the Law School. Salvi's court-appointed public defender, ].W. Carney Jr., who made monumental efforts to persuade the jury that Salvi was insane, is a 1978 grad­ uate of BC Law. Norfolk County First Assistant District Attorney John P. Kivlan, who led the prosecution, earned his degree from the Law School six years earlier. Massachusetts Superior Court Judge Bar­ bara A. Dortch-Okara, who presided at Salvi's trial, is a graduate of the class of '74; she declined to discuss the legal issues involved in the case. Richard]. Seron, a security guard who was injuted in an exchange of gunfire with Salvi in the Preterm clinic, finished his undergraduate work at the college in '71 and received his law degree three years later. To complete the Boston College connection, Shannon Lowney received her undergraduate degree in 1991, and the Reverend]. Don­ ald Monan, then Boston College's presi­ dent, now the university chancellor, presided over her memorial Mass. In a further irony, both Jay Carney and John Kivlan lost in the end. Carney, of course, lost his bid to have his client found not guilty by reason of insanity. Kivlan

Prosecutor John Kivlan 72 (for left) and defense attorney J. W Corney Jr. 78 (near left)

FALL 1997 / BOSTON COLLEGE LAW SC HOO L MAGAZINE 13 a child who had caused terrible hurt to so many blameless people, as does a child was Salvi a soldier in an increasingly militant fringe who, playing with matches, causes a fire that injures a dozen people," Carney says. element ofthe anti-abortion-rights movement? Or was he During the lengthy legal proceedings Carney - and Salvi - presented plenty a lost soul suffering from mental illness, who should not of evidence that would suggest Salvi was insane. Within days of Salvi's arrest, Car­ have been held criminally responsible for his actions? ney released a rambling, incoherent handwritten statement Salvi had com­ L posed in which he said that he wanted the death penalty if found guilty; that he lost because of a rarely used but long­ According to Northeastern University intended to become a Catholic priest; standing quirk in the law: After Salvi's sociologist Jack Levin, a nationally recog­ that Virginia authorities had tampered death, Judge Dortch-Okara threw out nized expert on multiple murderers, with his food while he was in custody; the guilty verdict, relying on a 25-year­ Salvi's embrace of bizarre-but-not­ and that he wanted Barbara Walters to old precedent set by the state's Supreme unheard-of ideas was enormously damag­ interview him. But following an evalua­ Judicial Court that a conviction cannot ing to his defense, regardless of how tion period at Bridgewater State Hospi­ be considered final until appeals have insane he might have actually been. tal, the state's psychologist, Dr. Joel Hay­ been exhausted. "When one person thinks that all cock, found that Salvi, though suffering Thus the metaphysical truth that the Catholics are a target of a vast conspiracy, from a personality disorder, was not Salvi case produced no winners became we call that insanity. But when thousands legally insane - and that he was manip­ literally true. of people believe that, we call it ideolo­ ulative, intelligent and had managed to gy," Levin says. fool his own lawyers. Judge Dortch­ THE QUESTION OF COMPETENCE The legal definition of insanity is very Okara found Salvi competent to stand specific, and is clearly a matter for jurors, trial; Carney lost a bid to have Dortch­ n March 1996, in the midst ofJohn rather than medical experts, to decide. In Okara removed from the case, arguing DSalvi's six-week trial, the defense Massachusetts, a defendant can be found unsuccessfully that because her husband, presented dramatic testimony: a video­ not guilty by reason of insanity if he Dr. Ebi Daniel Okara, was a colleague of tape of an interview conducted with Salvi "lacked substantial capacity to appreciate Haycock's, her continued participation by Dr. Philip Resnick, a Cleveland psy­ the wrongfulness of his actions" and would create the appearance of chiatrist. In the interview, Salvi outlined "could not conform his actions to the impropriety. his belief that there was a worldwide con­ requirements of the law." During the trial, Salvi continued to spiracy against the Catholic Church. At Jay Carney believes that definition call attention to his mental state, showing one point he told Resnick, ''A credit card accurately describes his client. "John another handwritten manifesto to a with a chip in it ... will give the Mason­ Salvi was incompetent to stand trial," he Boston Herald photographer, angrily ic temple absolute power over the says. "He never understood the essence of overturning a table when Dortch-Okara Catholic Church." Resnick, who had the legal proceeding against him. I prob­ ordered him to cease such behavior, and been retained by defense lawyers, con­ ably met with him more than 30 times. emitting odd, disturbing noises from cluded that Salvi was a paranoid schizo­ Every conversation, from the first, in Vir­ time to time. His father, John C. Salvi II, phrenic who'd been exhibiting symptoms ginia, to the last, after trial, was devoted testified that his once-outgoing son had for 18 months before his homicidal to John's obsessed belief that there was a turned into a Bible-reading recluse who outburst. conspiracy against Catholics brought by imagined that a "big black evil bird" had But strange as Salvi's beliefs may seem, the Freemasons, Mafia, Ku Klux Klan invaded the family home, and who had they're not as far outside the mainstream and British Petroleum. John's mental ill­ behaved in a bizarre, disturbing manner as one might suppose. For instance, the ness gave him the maturity level of a 13- at a Christmas Eve Mass just days before Reverend Pat Robertson has been known year-old in terms of his interests and the shooting. But Dortch-Okara refused to use his cable-television show, "The demeanor. During the trial he had no Carney's request that his client be allowed 700 Club," to inveigh against plans by concept of what was going on around to take the witness stand, which might financial corporations to replace cash him." have provided the most compelling with debit cards that would create a Sitting at a table at the Red Herring, a evidence of Salvi's alleged illness. record of a user's purchases. Robertson small restaurant in Boston's Park Plaza On March 18, 1996, Salvi was found denounces such cards as the "mark of the building, where his law firm, Carney & guilty of first-degree murder and was sen­ Beast" mentioned in the Book of Revela­ Bassil, is located, Carney speaks in slow, tenced to two consecutive life terms with tion and has formed an odd alliance with thoughtful cadences. "Salvi was a vulner­ no chance of parole. ''The jury came to privacy advocates, many of whom object able kid who was so out of touch with the determination that on the day of the to the next-generation debit cards on reality that it was difficult not to look act, he was aware of the criminal respon­ purely secular grounds. upon him as one would a child - albeit sibility," juror Albert Frey was quoted as

14 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 saying after the verdict. I I Some legal experts thought Salvi's chances of winning a new trial were good, citing as possible errors Dortch­ Regardless ofthe merits ofthe John Salvi case) it is Okara's ruling that Salvi was competent to stand trial, and her refusal to let him nearly impossible to persuade juries that a defendant testifY. But the record shows that Dortch­ Okara is a careful judge who is rarely should be found not guilty by reason ofinsanity. overturned in the appellate courts. Car­ ney declines to criticize her actions. And L ~ Kivlan sees the outcome of the Salvi trial as the straightforward application of several decades we have witnessed the ble for his criminal conduct. Instead, common sense. convictions of such officially sane defen­ they believe the public deserves to be "Despite some of the more attention­ dants as David Berkowitz, who killed on assured that a person found not guilty by getting tactics of Mr. Salvi, I think jurors orders from a dog, and Jeffrey Dahmer, reason of insanity will be committed to a were satisfied quite clearly that he appre­ who ate his victims to feel close to them. mental institution for a period commen­ ciated the wrongfulness of what he did In fact, despite popular misconcep­ surate to a prison sentence, with no and could conform himself to the law," tions that the insanity defense is regular­ chance of his being released after a few Kivlan says. As for Salvi's outbursts and ly used to let criminals off the hook, it is short years because a psychiatrist has pro.­ weird beliefs, Kivlan says simply: "Many barely a blip on the legal landscape. nounced him cured. of the most heinous murders are com­ According to Henry Steadman's 1993 Kivlan cites as an example the case of mitted by people who are different and book, Before and After Hinckley: Evaluat­ a man who killed his family 15 years ago, odd. Most people do not commit ing Insanity Defense Reform, only about and whose release the district attorney's murder." one percent of defendants use the insani­ office has to fight on an annual basis. For his part, Carney believes that ty defense, and it is successful only about "There needs to be some public assur­ jurors on both sides of the abortion one-fourth of the time. ance that people found not guilty by rea­ debate had political motivations to bring A further twist pertains to the title of son of insanity are kept in a secure facili­ in a guilty verdict, since pro-choice jurors Steadman's book, which refers to John ty for the rest of their lives," Kivlan says. wanted to send a message at a time when Hinckley, who shot and wounded Presi­ Carney, for his part, outlines a com­ clinics around the country were being dent Ronald Reagan and his press secre­ plex, detailed reform proposal that would targeted and pro-life jurors wanted to tary, James Brady, in 1981. Hinckley was link the length of a hospital stay to the make it clear that they didn't support found not guilty by reason of insanity, equivalent length of a prison sentence if violence. and a number of states, though not Mass­ the defendant had been found guilty, with achusetts, responded by restricting or requirements for medication and treat­ REFORMING THE INSANITY DEFENSE even eliminating that defense. Yet if ment that, if violated, could result in a fUr­ Hinckley had been found guilty, he ther loss of fteedom. "This would reassure ccording to Boston College Law would have been released from prison jurors that a person found insane would I School professor Phyllis Goldfarb, years ago. Instead, he remains in a maxi­ not simply be returned to the community the insanity defense is rooted in a basic mum-security mental institution, with with no strings attached," he says. principle oflaw: that guilt is directly relat­ virtually no prospect of winning his It's too late, of course, for any such ed to culpability, and that a defendant freedom. reform to change anything for John Salvi, cannot be held culpable ifhe's incapable of There isn't much that Jay Carney and guilty in life, not guilty in death. understanding that what he did is wrong. John Kivlan agree on. Even before the Although victim Lee Ann Nichols's Goldfarb's colleague Sharon Beckman, an Salvi case, it was widely known that the mother, Ruth Nichols, expressed outrage assistant professor at the Law School, says two dislike each other; the mutual when the charges against Salvi were the idea is that a truly insane person can antipathy was reportedly exacerbated by posthumously dropped, both Carney and no more be found responsible than if he the trial. Carney declines to discuss their Kivlan look at that final action philo.­ were "unconscious." differences; Kivlan suggests those differ­ sophically. Indeed, it is almost fitting that Regardless of the merits of the Salvi ences have been overblown. such a divisive case should have ended so case, it is nearly impossible to persuade Yet, surprisingly, both men agree on ambiguously. The ambiguity, after all, juries that a defendant should be found the need to reform the insanity defense, reflects the essence of the dilemma that not guilty by reason of insanity. "It's and they even agree on the rough para­ was John Salvi. Yes, he did it. But was rarely pleaded and it's rarely successful," meters of how it should be done. Neither he guilty? says Law School professor John Flackett, supports the concept of "guilty but whose former students include Carney. "I insane," an approach taken by some Dan Kennedy is a staff writer for the just think jurors are very suspicious of it," states, because they point out that it vio­ Boston Phoenix. His last article for the Flackett says, "even though Jay put on lates the principle that a truly insane per­ Law School magazine was on the pro one hell of a case." Thus, over the past son should not be held morally responsi- bono work of George P Field '78.

fALL [997 / BOSTON COLLEGE LAW SCHOOL MAGAZ[NE I 5 Who's Who in the I I John Salvi Case It is an ironic coincidence that many ofthe people involved in the Salvi tragedy have strong ties to

J W. Carney Jr. '78 Boston College and to the Law School.

New Bedford native ].W Carney Jr. L was a high school sophomore in Fram­ ingham, Massachusetts, when he read the ment: He won $2.7 million in the Mass­ arguing that she had a conflict of interest book that would define his future: achusetts state lottery. Yet Kivlan says he because her husband, Dr. Ebi Daniel Gideon's Trumpet, by New York Times did not even consider giving up his high­ Okara, worked at Bridgewater State Col­ columnist Anthony Lewis. pressure, high-profile job as a prosecutor lege, where Salvi was evaluated. Yet even The book, published in 1964, was in the Norfolk County District Attor­ Carney praises Dortch-Okara's demeanor, about a prisoner named Clarence Earl ney's Office. "I never really gave any saying that "she brought great dignity to Gideon, who, in a crayon-scrawled thought to leaving," he says. "I liked the proceedings, rather than letting them appeal to the United States Supreme what I was doing." devolve into a circus atmosphere." Court, contended that he had been Kivlan grew up in Brookline, Massa­ denied the chance to prove his innocence chusetts, and served in the Marines and because he couldn't afford a lawyer. The the Active Reserve from 1963 through Court ruled that every defendant is enti­ 1968. He graduated from Boston Col­ tled to a lawyer, which revolutionized the lege the following year and received his criminal justice system. degree from the Law School in 1972. He "I read that and said, 'I want to be began his career as an assistant district that lawyer,'" says Jay Carney. "It was a attorney in Middlesex County and career that combined my idealism and moved over to Norfolk County in 1976 empathy for the downtrodden with my when the then-new DA, William concern about overreaching by the Delahunt (now a congressman), pio­ government." neered the use of full-time lawyers. "I Carney graduated from Holy Cross always wanted to be a career prosecutor," and earned his degree from Boston Col­ Kivlan explains. He was named first assis­ lege Law School in 1978. He spent the tant district attorney, the chief prosecu­ first five years of his career as a public tor's position, in 1986, and has held spe­ defender, "handling disorganized crime"; cial prosecutor's appointments for both five years in the Middlesex County dis­ the United States attorney and the state trict attorney's office; and the last nine attorney general, investigating mortgage­ Judge Barbara Dortch-Okara '74 ran a disciplined years as a lead partner in Carney & lending fraud and organized crime. but controversial trial. Bassil, a Boston firm specializing in crim­ Now a resident of Dover, Kivlan and Also unlike Ito, Judge Dortch-Okara inal defense. He's a nationally recognized his wife, Susan Kivlan, a social worker, has no particular thirst for publicity. In expert on the insanity defense, and dur­ are the parents of two children. fact, she canceled an in-person interview ing the Salvi trial debated its merits with for this article, and in a brief telephone then-Governor William Weld on net­ Hon. BarbaraA Dortch-Okara 74 interview she declined to draw any work television. lessons from the Salvi case as it pertains Carney is a past president of the Despite intense, worldwide media to the insanity defense. "If there's room Boston College Law School Alumni interest in the trial ofJohn Salvi, it played for improvement, it needs to take place Association. He and his wife, Joy Rosen, itself out in a very different manner from in the context of a number of cases in a an assistant commissioner of the Massa­ that of O.J. Simpson. And that was no studied way, and not just as a reaction to chusetts Department of Public Health, accident: Massachusetts Superior Court the high-profile cases," she says. live in Newton and are the parents of two Judge Barbara A. Dortch-Okara is a very A native of Memphis, Tennessee, and children. different jurist from Lance Ito, tolerating a graduate of Brandeis University and neither television cameras nor courtroom Boston College Law School, she was John P. Kivlan '72 histrionics. named a judge by then-Governor Let the record show that Dortch­ Michael Dukakis in 1984, and elevated In 1985 John P. Kivlan benefited from Okara was nonetheless a controversial to her present position by Dukakis in a stroke of luck that would have sent judge in the Salvi case. Defense attorney 1989. She is the first Mrican-American many people rushing toward early retire- Jay Carney tried to have her removed, woman to be named to that position, and

16 BOSTON COLLEGE LAW SCHOOL :MAGAZINE / FALL T997 two letters to Seron, asking him about his arm, urging him to write "our book" and signing off with, "10-4 big buddy."

Shannon E. Lowney, BC '91

Turn to page 362 of the 1991 edition of Sub Turri, the Boston College year­ book, and you'll find a photo of Shannon Lowney, her hair carefully combed onto Clinic guard Richard Seran '74 was wounded when her left shoulder, looking somewhere he returned john Salvi's {Ire. beyond the camera. It's a poignant por­ trait of a young woman whose life was Father Donald Monan led a memorial Mass {or has also been mentioned as a candidate full of promise - until December 30, Shannon Lowney despite threats {rom the right for the state's Supreme Judicial Court. 1994, when that life was ended by John that it was "sacrilegious" to do so. Heavily involved in community and reli­ Salvi. gious organizations, she lives with her hus­ Lowney, who grew up in Fairfield, The Reverend J. Donald Monan, band in Milton. The couple has one son. Connecticut, graduated from BC magna University Chancellor cum laude with a bachelor of arts degree in history, and was a classically trained Richard J. Seron '74 The Reverend J. Donald Monan and French horn player and pianist. She once Operation Rescue may agree on the traveled to a poor village in Ecuador to By September 1994, women's-health morality of abortion, but they part com­ do volunteer work, and she was said to clinics around the country had become a pany on the matter of compassion. When have enjoyed debating politics with BC battle zone. There were two fatal shoot­ Father Monan, then the president of classmates who were more conservative ings in Florida, with radical anti-abor­ Boston College, announced he would than she. tion-rights activists vowing more. So lead a memorial Mass for Shannon "Her death only can be a message for Richard J. Seron, who went to work as a Lowney on January 23, 1995, he was all of us about the violence and the path security guard at the Preterm Health Ser­ denounced by Operation Rescue on the of our world today," her older sister, vices clinic in Brookline that month, grounds that Lowney had helped women Meghan, said at the time of the clinic clearly knew what he was getting into. obtain abortions. He even received tele­ shootings. Indeed, in the wake of the Salvi shoot­ phone threats calling the Mass "scan­ The Lowneys guard their privacy ings he told reporters that he was "always dalous" and "sacrilegious." assiduously. Virginia Storring, a docu­ mindful" of the possibility of violence, The service went off as scheduled, with mentary filmmaker from Toronto who and that he had observed John Salvi mix­ Father Monan leading more than 100 produced (with her husband, John Zarit­ ing with other protesters for a month and people in prayers and singing. Police were sky) a "Frontline" episode on the tragedy, a half before the attack. on hand to help out with protests, which is one of the few journalists who has got­ Seron, a Quincy, Massachusetts, never materialized. "We believe this is an ten to know the family. Storring calls the native and resident who holds degrees entirely appropriate way to remember Lowneys "amazing people" who, though from Boston College and the Law Shannon," Boston College spokesman heartbroken, remain deeply committed School, was one of Salvi's victims but also Doug Whiting said at the time. to social justice. one of the heroes of the day, suffering Father Monan retired as BC's presi­ bullet wounds to his right bicep and left dent in 1996 and is now university chan­ wrist when he returned Salvi's fire. Such Shannon Lowney. BC '9 1, a receptionist at Planned cellor. At deadline, he was traveling coolness under pressure may have per­ Parenthood, was the first victim in the 1994 shootout abroad and could not be reached for suaded Salvi to flee, and thus saved lives. comment. But the Reverend Peter Con­ Seron, who teaches people how to use ley, editor of The PiLot, the archdiocese handguns safely, could not be reached for newspaper, says Father Monan did pre­ comment. But in a 1995 interview with cisely the right thing. the Boston Globe, shortly after his dis­ "It was the most appropriate thing a charge from Brigham and Women's Hos­ priest could or should do for someone pital, Seron recalled that Salvi "looked who has died," says Father Conley. "We like the devil himself He looked in a don't give people a litmus test for ortho­ righteous rage. His eyebrows were doxy before we pray for them." He adds arched, his brow wrinkled, his eyes that those who criticized Father Monan glazed." have "too narrow an understanding of In a bizarre twist, it was revealed dur­ the dignity of human life." _ ing Salvi's 1996 trial that he had written - Dan Kennedy

FALL [997 / BOSTON COLLEGE LAW SCHOOL MAGAZ[NE 17 Hear me my chiefs. I am tired; my heart is sick and sad. From where the sun now stands, I will fight no more forever.

- Chief Joseph, Nez Perce Indian, 1877

Relocation is genocide. It may not result in immediate death but in cultural death and possibly spiritual death.

- Lew Gurwitz, speaking against the federal Navajo and Hopi Relocation Act in the 1980s For his selfless fight to help Native Americans, Lew Gurwitz became a legend in his own time

E WAS RAISED IN BOSTON, THE oldest of five Jewish boys living in an Irish Catholic-dominated section of public housing. He was built as big as a mountain: tall, long-boned and strong, and he looked like an American Indian. He criss-crossed the continent by car and spent most of his adult life living from hand to mouth, sleeping on the couches of the peo­ ple he was trying to help. He made a tremen­ dous difference in the battle of Native Amer­ icans to retain their rights and cultural integrity during the 1970s, '80s and '90s, so much so that his name preceded him on reservations all over America. His name was Lewis S. Gurwitz. Perhaps the most amazing thing about his legend is that it is true. By the time of his death from a heart attack in 1994, Gurwitz '71 had become one of the nation's best known and most respect­ ed advocates for Native-American rights. His involvement began in 1973 with the famous Lewis Gurwitz '7 I, looking himself like an Indian, is surrounded by pictures from the Wounded Knee uprising at the Pine Ridge Reservation in South Dakota, the Wounded Knee uprising on the Pine Ridge event that launched him on a lifelong journey Into the heartland ofAmerica. Reservation in South Dakota. ~ The pro resters' occupation was intended to call attention to an intolera­ ({Lew saw the reports on television about ble situarion. The median annual family income was abour $1,500. Trading posr Wounded Knee and he said, 1 can't prices exceeded rhe narional average by 27 percent. Indians were ineligible to col­ believe this kind ofthing is still going on. lect government subsidies for non-culti­ vated arable land, but whires who leased I have to get out there. ' )) the land from rhem could collect rhe sub­ sidies and make a profit. "Lew saw the reports on relevision abour L Wounded Knee," says Bruce Gurwitz, "and he said, 'I can't believe this kind of thing is srill going on. I have to ger our there.' " The moral conviction that took Gur­ ity and the human toll of the Vietnam witz to Wounded Knee has its toOtS in a War that led to his commitment to fight­ FINDING HIS CALLING peripatetic, searching young adulthood ing injustice, says his brother Bruce, the that led from student life at the University youngest of the five Gurwitz boys. r was a life-changing decision. Gur­ of Massachusetts, Amherst, to military By the time Lew Gurwitz graduated, I witz, who was divorced in the early service from 1960 to '62, to marriage and he had decided to fight for the underdog '70s, dropped everyrhing and drove to fatherhood, to employment in his fami­ as a criminal defense attorney, and he set Sourh Dakota, where he offered his legal ly's East Boston tobacco store. By the up practice in the Boston area with a services pro bono to the Wounded Knee time Gurwitz entered Boston College friend. Among his other responsibilities, Legal Defense/Offense Committee. Law School in 1968, he was 30 years old he soon was handling civil rights cases for "If you were an Indian, you would have and had an emerging sense of mission. anti-war demonstrators. called it a vision quesr," says his son, Adam Classmate Edward R. Leahy '71 Gurwitz was settling into his legal W Gurwirz '92, general counsel to rhe found a close friend in Gurwitz and career when, on the nightly news one Cincinnati Stock Exchange in Chicago, directly witnessed Gurwitz's development evening in March 1973, there were Illinois. "For the next 20 years, ir became as an activist. Protests against the Viet­ reports from the Pine Ridge Reservation. the focus of all his energy and his work." nam War crested during their law school Initial stories portrayed the Wounded Gurwirz's involvement ar Wounded years, and both men were elected to the Knee Indians as merely a few misguided Knee led him to anorher cause ar rhe University Senate to discuss Boston Col­ protesters. Reporters, denied access to the reservarion: rhe fighr to free Leonard lege's course following student walk-outs occupation site, conveyed the govern­ Pelrier. In 1975, FBI agents unexpectedly in the wake of the Kent State shootings. ment's spin on the situation, which later appeared ar Pine Ridge to arresr an Indi­ "Lew always knew his facts, he was a proved to be distorted: They reported an, Jimmy Eagle, for rhe rheft of some very smart lawyer, and he knew when to rhar a dozen male Indians had robbed a used cowboy boots. A gunfighr broke out play the emotional card," says Leahy, store, stolen guns and, when rhey during which one Indian and two FBI who is currently a Distinguished Visitor encountered resistance from law enforce­ agents died; Peltier was one of rhree Indi­ from Practice teaching at the Law School. ment, had raken hostages. ans tried for the FBI agents' deaths. The "I developed an extraordinary amount of When a few reporters finally hiked orher two Indians were acquitted, but in a respect for him." around the government blockade into separate rrial Peltier was convicted and Professor Arthur L. Berney recalls rhe Indians' camp ar rhe Wounded Knee sentenced to two life rerms. Gurwitz as a special student and a like­ church, a memorial to the 153 Sioux Pelrier's cause became a recurring able person with whom he frequently massacred there in 1890 by rhe Seventh rheme for Gurwitz, who worked tirelessly talked about the anti-war" effort. They Cavalry, rhey found a sincere, informed - and fruitlessly - until his dearh for participated in demonstrations together. dissident group of Oglala Sioux incensed Peltier's release. Leahy, Gurwirz's law "He left me with the impression that he about conditions on the reservation. school friend who was by rhen pracricing listened to people and drew them into Indian unemployment at the rime was in Washington, D.C., recalls rhar he and conversations, Berney recalls. "He at 60 percent. Fewer than lout of 10 Gurwitz would frequently ralk about rhe wasn't one of those people who likes to reservarion homes had electricity, and 1 case when Gurwitz made his intermittent stand on one side of a line screaming at in 20 had running warer. Infant mortali­ trips to lobby and advocate on behalf of people on the other side. He knew how ty was four rimes the narional average, Pelrier in Washington. to take a step between the two and say, and life expecrancy was only 44.5 years, "He worked ceaselessly on rhat," 'Wait a minute, let's talk to one another.' " approximately equal to American life Leahy recalls. "He used to talk to me Gurwitz may have gotten his first expecrancy among whites at the turn of about who would be symparheric to the taste of how to prevail in tough situations the century. Alcoholism was rampant cause, who might be reached, which while growing up in Sourh Boston's Car­ among Indians living on and off rhe arguments mighr be persuasive. I used to mody Court projects, but it was the futil- reservanons. (continued on page 43)

20 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL I997 Newton became interested in Indian Taking the Scholarly Route affairs as an anthropology undergraduate Professor helps Indian cause by challenging and changing the laws at the University of California, Berkeley. After law school, she found a summer job ot everyone interested in Native­ people and not to pay the full amount for at California Indian Legal Services, where ~ American legal issues follows a path of what the land was worth." she worked on a number of issues, activism similar to that of Lewis S. Gur­ Part of what has allowed the abuse of including the religious use of peyote. wirz '71. Professor Nell Jessup Newton of American Indian rights is what is known She took to Indian law right away. American University's Washington College as the "trust relationship," says Newton. "Indian people are pretty amazing; for of Law specializes in American-Indian law, When the US government took so much 200 years they've been told that they have but she tends to describe herself as a spe­ Indian land, it did so with the implicit to assimilate, but they're not extinct. In cialist in constitutional and property law. understanding that the Indians were fact, in many cases, they're flourishing, "Indian law is all about how Europeans took all the Indians' property, constitu­ tionally," she says. "In fact, Indian law grew up as a way to justifY and deal with They made us many promises) more than I the bare fact that Europeans had taken everything against the Indians' consent." can remember. But they never kept but one: For instance, in Tee-Hit-Ton v. United States (1955), the Supreme Court ruled they promised to take our land and they took it. that Indians in Alaska had no legal prop­ - Chief Red Cloud erty rights to the land they had lived on for hundreds of years. According to the L ruling, unless a deed had been received from the federal government, the Indians owed something for agreeing to move to although as a group they're still the poor­ had no right to the land, nor any power to reservations. The trust relationship est ethnic group in the country." prevent building on it. The timing of such implied that the US government would Newton has now been teaching rulings, according to Newton, is often manage Indian resources to the best of its and researching Indian law for 21 propitious for large corporate interests. ability, for the benefit of Indians. Unfor­ years. When she started, she recalls, 'The ruling basically assured that US tunately, this relationship has often been there was only one case book on Indian companies would not have to pay for oil­ abused, Newton says. law, and very few law schools offered drilling rights on tribal lands," Newton "For instance, the US government used courses on the subject. Today, there says. ''At the time the wealth of Alaska to hold certain Indian funds in trusts but are two case books - Newton is co­ was discovered, native people lived on all paid no interest on it," Newton says. author of one of them - and interest in of it. We had purchased the right to gov­ "Loopholes in the trust relationship were Native American law has grown consid­ ern Alaska from Russia, but said in the used to force Indians to assimilate. Then erably. Few schools offer regular courses agreement that we would protect the the tribes went to court and said that the on the subject, but a growing number rights of the native people, including government was a trustee and had to live offer seminars. their right to property. However, the up to that relationship. In the 1970s, the Each summer, Newton gives legal and Supreme Court allowed us to take those courts responded and recognized the rights judicial training at the American Indian property rights from the Alaskan native of Indians under the trust relationship. Law Center near Albuquerque, New Professor Nell Newton transforms the Ivory Tower Now, Indians can demand that the gov­ Mexico. She says there is a flowering of into a place (or the discovery o( practical legal solu­ ernment handle their resources responsi­ activity in tribal courts, with more tribal tions to Native Americans' problems. bly, just like any private trust manager judiciaries being formed to review more would be expected to do. But getting there cases on reservations. She is currently has been a long, slow process." studying the dynamics of law as it is Newton has built her career around administered by Indians themselves, and understanding the ramifications of United trying to see how it differs from or resem­ States Title Code 25, the body oflaw that bles American law. deals with the disposition of American "Often it doesn't differ at all from US Indians, their land and their treaty rights. law, or is very similar," she says, "just like Last spring, she came to Boston College various states' laws may differ slightly. I Law School at the invitation of the faculty just finished reading 80 tribal court cases and Dean Aviam Soifer - who himself and in most of them you wouldn't have has written about American Indian law been able to tell whether it was a tribal - to teach a seminar on the subject, as case or a state case, because the laws are well as a large first-year course in consti­ so similar." • tutionallaw. - John F Lauerman

FALL 1997 / BOSTON COLLEGE LAW SCHOO L MAGAZINE 21

HE YEAR WAS 1967. "Betty Friedan's Feminine Mystique had ENID M. STARR: TRUMPING HARVARD been published, but I didn't yet understand The war in Vietnam was about women's liberation and that lowed 0 look, even today, at Enid Starr's cre­ escalating - by Decem­ something to this kind of movement," says II dentials for law school is to be ber, American forces L. Joyce Hampers, whose career as a tax impressed. In 1964, when she applied to attorney has taken her to the highest levels Boston College, Boston University and there numbered nearly 500,000. of state and federal government. Harvard University, she was 34 years old, Race riots swept the country; dozens Hampers and her classmates were the had four children under the age of 10, early pioneers, but they did not see them­ bachelor's and master's degrees in English died, hundreds were injured. Thur­ selves that way. Most were too busy study­ and business administration from Rad­ good Marshall became the first ing, having children or proving themselves cliffe College and six years of experience as Mrican-American justice appointed in a profession reluctant to employ them the owner of a mail-order business and to consider themselves as among the van­ advenising agency. to the United States Supreme Court, guard. "I don't think the women who Shocking as it seems now, Harvard and Colorado Governor John Arthur came through school when I did realized Law School viewed Starr as an oddity. how difficult it was, because we just did it. Their response was typical of the time and signed the nation's first law legalizing We were not concerned with why. When Starr accepted it with equanimity. "At my abortion. The St. Louis Cardinals we wanted a job, we just went after it," interview, they told me they were not says Hon. Suzanne V. Del Vecchio, who interested in a woman who was married beat the Boston Red Sox 7-2 to win has been an associate justice of the Massa­ and had four kids, who they assumed the World Series in the final game. chusetts Superior Court for 12 years. would never practice. I could certainly The Beatles released Sgt. Pepper's "I really never thought of it as unusual understand their thinking that I wouldn't to be a woman and to be a lawyer," says practice. I wasn't thrilled, but I wasn't out­ Lonely Heart's Club Band, Elvis Pres­ Hampers. "I realize looking back that it raged," she recalls. ley married Priscilla Beaulieu and was, but it didn't enter into my thinking By contrast, her encounter with Dean then. I didn't see myself as a pioneer." Robert F. Drinan, S.]., at Boston College Dustin Hoffman became the nation's In retrospect, the women marvel at Law School was enlightened. "After my best-known Graduate. how far they have come in 30 years and at unpleasant interview at Harvard, I asked how the choices they made him outright how he felt about women. in the ensuing decades have He said he liked them a lot," Starr laughs. changed the professional He as much as told her that if she took the world their daughters and LSATs, she was in. "I guess he just figured sons are now entering. "I can I was somewhat unusual. My grades were see the difference berween excellent, I had a good track record run­ Revolution?' my daughter [Catherine ning a business. He felt I could do the Far from the spotlight and without Lundregan Oarway '93) and myself," says work," she says. Hoffman's fanfare, a handful of women at Jane Tobin Lundregan, who, with her hus­ Even for someone who would graduate Boston College Law School also became band, William J. Lundregan '67, has in the top 10 percent of her class, law graduates. They stood on the threshold of practiced in Salem, Massachusetts, for school proved to be Starr's toughest acade­ one of the most socially tumultuous eras about 15 years. "Back then it didn't seem mic challenge since prep school and a dif­ in modern American history, JUSt a few that strange to take time off to have chil­ ficult juggling act with a family. "I studied years shy of a women's liberation move­ dren. There weren't that many opportuni­ with my rwo youngest children on my lap ment that would rise like a tide in the ties for women. It's very different today." most of the time," she says. "It was per­ 1970s, propelling younger women swiftly Class percentages alone tell just how sonally, physically very hard. I must have into new roles and positions of power. different. In 1964, the year the students of had an incredible amount of stamina and The women of the Law School class of '67 entered the Law SchooL women com­ discipline," she says, qualities she attribut­ '67 were the transitional women, the ones prised 5 percent of the class; among those es to having attended a demanding and who followed tradition by marrying who will graduate in 2000, that number unpleasant prep school. "I boarded there young and starting families early, but who has leapt to 55 percen t. and hated it. It probably taught me some broke ranks with their mothers and grand­ As statistically small as their group was, kind of discipline and mental fortitude. If mothers by knocking down gender barri­ and as common a cause as the women of '67 I could survive that, I could survive ers in the legal profession. Most of them shared, each had her private motivations, anything." did so not for political reasons but because her particular sorrows and challenges. Taken She would soon be tested again, this they were intellectually driven. together, their stories form a framework time in the marketplace. Despite her acad­ through which to view the complexities of a emic standing upon graduation, Starr In 30 short years, women like Hon. Suzanne revolutionary time. Taken individually, they watched in frustration as lower-ranking Del Vecchio (near lett) and classmates ((or lett, (rom top) Enid Store Hon. Paulo Gold and Joyce reveal subtleties of perseverance, humor and male classmates got jobs easily. "I went five Hampers have mode enormous inroads into a courage. Here are the stories of seven mem­ months without being able to find work," pro(esslon dominated by men (or centuries. bers of that 30th anniversary class. she recalls. "I wanted to be a litigator and

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZ INE 23 that made it harder. It was not one of the with equality in her home. After graduat­ 'women' specialties. Women were sup­ ing from Wheaton College, she decided posed to do probate and estates." on law instead of graduate school in psy­ Finally, an attorney friend, who chology. "It never dawned on me I couldn't referred all his litigation work to a small do it," she says. Boston firm, told the firm that if it did Del Vecchio's mother passed up an not hire Starr, he would take his busi­ education at Radcliffe because they did ness elsewhere. "So they hired me, not offer her a scholarship and the fami­ begrudgingly," she says. "But once I ly's education funds had been spent on was hired, everything was fine." So fine, her brother. Instead, her mother went to in fact, that she has remained with Bar­ Boston Teacher's College on a full schol­ ron & Stadfeld for 30 years and is now arship. Though her husband had a suc­ a partner. cessful food distributorship, she went to Starr's gender turned out to be an work teaching high school Spanish so advantage in court. "Thirty years ago, that her children - Suzanne in particu­ men were uncomfortable arguing with a lar - would not have to make a similar woman, and if I was as good as the guy, I educational sacrifice. "My mother had had an advantage, and I used it when I stressed since I was little that, even if could," says Starr. She was careful, how­ married, I never knew what might hap­ ever, not to exploit her gender or family pen. It was never in my stars that I would Jane Lundregan made family a pnority while life for special treatment in the work­ not be educated and be able to make a staying acbve professionally on a part-time basis. place. "I worked the same as everybody living," says Del Vecchio. else. No concessions were made for a She received nurturing of a different to be a female lawyer in Massachusetts. woman with kids. It was never an issue sort from Dean Drinan while at the Law Governor Michael Dukakis, responding because my philosophy has always been School. "He was a great influence in my to a national outcry for more women in that a woman shouldn't expect special life. I was enthralled in his classes because government and the couns, was making treatment, and I never did," she explains. he really made me understand that there's a concerted effort to recruit them to top "It never occurred to me to work fewer a purpose in all this, in going to law posts. Del Vecchio was one of the benefi­ hours than the men did." school. He made it clear that we have to ciaries of that effort. With the help in the early years of a give back. He taught the Socratic A judge whom Del Vecchio knew live-in housekeeper, and later when the Method, and he led us down the path, let through the Massachusetts Association of children were in private schools, Starr us make up our own minds. It was not Women Lawyers suggested her name. worked out routines that provided time about just being out there making mon­ Soon, Del Vecchio was raising her right for family and for the nights and week­ ey. He was really teaching a philosophy. hand and taking the oath of a Superior ends that her job often required. She and He's a man with a lot of compassion and Court associate justice. She was sworn in the children had "a little deal," for exam­ empathy. And he lived it all the time on her 42nd birthday. ''I'd been in court ple, about when she would leave work to himself. He'd say, 'You're a lot of smart a lot and I'd seen what a big difference a attend a school function. "If they had a people. What are you going to do with judge can make, the dynamics, that it's a speaking part, I'd go, but if they were just this?'" great place to be, and I wanted to be going to stand there and be a frog, I Del Vecchio took the lessons to heart. there," she says. wouldn't," she says. She met her husband, Cyrus Del Vec­ In her years on the bench, Del Vec­ "It obviously didn't harm the kids," chio, while working on Christopher Ian­ chio has earned a reputation for being Starr adds. Her two sons are lawyers nella's mayoral campaign in 1967, and tough but fair-minded. She laughs with (Sherman Starr Jr. is from the Law went to work for the Legal Aid Society characteristic gusto at rehearing the now School class of '81) and her two daugh­ and then as an assistant corporation legendary quip that 60 M inutes newscast­ ters are MBAs. counsel for the City of Boston, a post er Harry Reasoner made several years Though now a grandmother of 12, that kept her in court nearly every day for ago. He was in town covering the drug­ Starr remains as committed to her work 10 years. In the late 1970s, she went into corruption case of a Brockton police as ever. ''To this day, I enjoy the intellec­ private practice with friend Beverly W. chief. Del Vecchio presided and handed tual stimulation of work outside the Boorstein, determined not to be pigeon­ down a stiff sentence. Later, the reporter home," she says. holed. "There is a problem for women was overheard to say, "My god, I'd hate to that exists to this day about getting appear before her for a parking ticket." HON. SUZANNE V. DEL VECCHIO; clients," says Del Vecchio. "People think One of Del Vecchio's greatest thrills A SENSE OF PURPOSE 'domestic relations.' But we kept those these days is seeing the sons - and par­ cases at about 50 percent and did real ticularly daughters - of her classmates iii aised in Winthrop, Massachusetts, estate, estate planning and other things and colleagues now arguing before her. m in a family with three brothers, until I went on the bench in 1985." "You should see the next generation," she Suzanne Del Vecchio was always treated The mid-1980s were an exciting time says. "They're incredible." ~

24 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 "Many women in my community, says O'Connor, "are pleased to see a woman doing something professional, raising a family and keeping a home and marriage together."

ROXANI M . GILLESPIE: A ROLE MODEL

he issue of gender was unavoid­ i able for Roxani Gillespie, a native of Athens, Greece, who married an American and moved to Boston the year she enrolled in the Law School - she was pregnant throughout her first Working at home kept Mercedes O'Connor close year and gave birth 10 days before Roxani Gillespie shattered the gloss ceiling in California to her children dU ri ng their fo rmative years. final exams. when she become the stote's Insurance commiSSioner But it wasn't until she was living in JANE TOBIN LUNDREGAN AND California and moving up in the ranks of into a seat at the front, at which point the MERCEDES O'CONNOR: CHOOSING FAMILY the insurance industry that she became recruiter halted his address. "Young lady," aware of setting an example for the he said, "may I ask what you're doing f what women's liberation comes women to come. "Being a role model was here? I can save you a lot of time. We I down to is the freedom to choose, very important and it continues to be," don't hire female agents, but if you're then Jane Lundregan and Mercedes says Gillespie. When I was younger I interested in something clerical, there are O'Connor, like all the women from the found that terrifYing. If I failed, there some openings." class of'67, are heroes in their own right. would be excuses not to hire other "If you don't mind," Hampers replied, Both women grew up in families that women." "I think I'll stay for your presentation encouraged their women to achieve. Like many of her colleagues, she had because I think that will be changing." Both also put family before career, at least difficulty finding work at first. "I got into "Suit yourself," he said. as long as their own children were young. the insurance field by accident," she says. "I wonder now why that didn't rankle "I was a woman of my time," says "It was the only job I could get." The me," Hampers says. "There was no O'Connor. "I assumed I would marry match was a good one, and Gillespie awareness that there was something and have a family and stay home and thrived. wrong with [that attitude]; it wasn't a raise children." By 1983, when California was look­ conscious feeling. When I said things will Lundregan felt much the same way. "I ing for diversity, Gillespie was the highest be changing, I meant because somehow wanted to have a family. I didn't want to ranking woman in insurance in the state. I'll do something. I'm going to succeed. leave the children home alone. I wouldn't Governor George Deukmejian scooped I'm going to do whatever I want to do." have given that up for anything." her up and made her Chief Deputy Hampers, an only child whose work­ The women did part-time work close Director of the Insurance Commission, ing-class parents divorced when she was a to home or in their homes for a number promoting her three years later to Insur­ toddler, grew up poor in Indiana and of years, Lundregan in Salem, Massachu­ ance Commissioner. determined from an early age to free her­ settS, with her lawyer husband; O'Con­ "It felt pretty odd because with power self of the constraints of her blue-collar nor in Darien, Connecticut. Both now comes a lot of responsibility," Gillespie heritage. work full-time. says. "By then I had stopped worrying "Being female and poor, I've been bat­ "I have no regrets. I've loved raising about gender and I was just sort of doing tling all my life. But being poor was big­ my children. I know it's a different world what I was doing. It was a very powerful ger.. .. Being a woman was just one more today, I might feel more forced to maxi­ job and people are very careful." thing to battle. I didn't think of it in a mize my career," says O'Connor. "But Today, Gillespie is a partner in the San sociological context. .. .I never felt dis­ my relationship with my kids happened Francisco-based firm of Buchalter, criminated against as a woman, but I did because I was home." Nemer, Fields & Younger. socio-eco no mically." In their own ways, Lundregan and Hampers says all she thought about as O'Connor are also role models, women L. JOYCE HAMPERS: UP FROM POVERTY a girl was getting an education. "It was who embraced a more traditional way of the only ticket out as far as I could see. I life and in so doing kept the options open n Joyce Hampers's third year of law was determined I was going to better for the generation of women who are I school, she went to hear a presenta­ myself. I worked all through high school now facing the social backlash of high­ tion by a recruiter from the Federal and opened a savings account. My only potency careers: escalating divorce rates, Bureau of Investigation. The large audi­ hope was to get scholarships, so I took stress-related health problems and child­ torium was full of students, all of them every test I could and entered every care cnses. male. She arrived late and slid quietly contest."

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 25 With the assistance of a supportive and the attention of presidential candi­ baby was born and was back on the job history teacher who helped her with the date George Bush. She co-chaired his in three weeks. "It never occurred to me paperwork, and jobs that put her pretty, campaign in Massachusetts, and upon his to do anything different," she says. "I blonde looks to good use - at 16 she election, went to Washington, D.C., as wanted to show I was no different from was the Vanna White of a weekly televi­ an assistant secretary in the Department the men. Besides, I hadn't been working sion talent show and later host of a Sat­ of Commerce. that long, and when you're exci ted about urday morning children's program - With characteristic enthusiasm for a job you've been in for 10 months, you Hampers was able to attend Indiana State new things, Hampers decided to change don't want to stay home." University, and then Northwestern. careers when she returned to Boston. If anything, she believes her gender In Chicago, she worked 45 hours a Having preached local entrepreneurship was often an asset. "I was more noticed," week - 20 busing dishes, 15 typing and across the country as a commerce secre­ she says, pointing to the fact that she 10 modeling for art classes - to support tary, in 1994 she opened the Gi uliano was nominated for a judgeship when herself and her studies in TV and radio Day Spa on Newbuty Street. In three she was only five years out of law broadcasting. When it gor to be too years it has grown to 7,500 square feet school. Gold did not get the job, but she much, she took a full-time personnel job and from 10 to 45 employees with new says it launched her career. "There was a at a management consulting company health, wellness and beauty technologies big brouhaha, articles in the paper. and transferred to night school. and services being added all the time. People who felt I'd made the right H er work took her to Philadelphia, Hampers says the business is one of enemies invited me to serve on boards, where she met her husband, Constan­ the greatest challenges she has ever faced. give speeches," she says. T he notoriety tine, a doctor. When he accepted a resi­ And this time, with her eyes wide open to led to an invitation to serve as a dency in Boston, Hampers decided to the fact that she may be in the lead of a Department of Public Utilities commis­ apply to law school. She was still one year health and wellness boom, she finally sees sioner, then to head the consumer affairs shy of a bachelor's degree. Boston College herself as a pioneer. "This whole field is protection division of the state Attorney Law School welcomed her. on the rise. I think it's going to keep me General's office and finally to the cabinet "My greatest fear was that I would be excited for a long time," she says. "I have post of Secretary of Consumer Affairs for an outcast," she recalls. "I was 25. I a feeling I'm on the frontier of Governor Dukakis. thought I would be the oldest and the something." After 15 years in government, Gold only one married." Instead, she met entered the private sector, eventually women like Starr, who was 10 years her PAULA W. GOLD: NO REGRETS joining Plymouth Rock Assurance Cor­ senior, and Roxani M. Gillespie, who was poration as vice president. already pregnant. In the end, Hampers I aula Gold was so busy trying cases As many of her colleagues were learn­ had rwo children while in law school, for the Boston Legal Assistance Pro­ ing, however, there were trade-offs. She giving birth to the second a few weeks ject (now Greater Boston Legal Services) had a housekeeper named Joan, who, for after January exams in 1967. and starting a family when she got out of 20 years, looked after the children. "My Hampers discovered a talent for tax law school that it never really occurred to son always wanted me when he was lit­ law, went on to Boston University's grad­ her to worry about her gender. tle," Gold remembers. "My daughter, at uate tax program, joined the firm where "Instead of counting sheep, I counted rwo-and-a-half, fell one day and ran to she had worked during the summers, and the courts I'd been in and the cases I Joan. I thought, how come she doesn't eventually hung out her own shingle. wanted to do," she says. "I lacked a lot of run to me? And then I thought, if you Then Governor Dukakis called. skill but I had a lot of zeal." want her to run to you, then you have to Almost before she knew what was hap­ She argued a number of cases that stay home. Some people don't want their pening, Hampers found herself accepting changed the law. One of them was kids to bond with someone else. But you an appointment as associate tax commis­ against a man who got an injunction to can't be the 100 percent perfect mother if sioner for what is now known as the try to stop his wife from having an you do both." Massachusetts Department of Revenue. abortion. By then, Gold was working for She has a close relationship with her Disillusioned by the governor's apparent the Massachusetts Law Reform Institute children, who have grown up self-suffi­ unwillingness to institute changes that he as a litigation consultant, and argued the cient and well-adjusted. 'Tm an opti­ had promised, Hampers resigned in case before the state Supreme Judicial mistic person," she says. "I always see the 1978, only to be wooed back as Tax Court. At one point in her argument, the glass as half full. Generally, I don't look Commissioner by his successor, Ed King. chief judge asked, "Mrs. Gold, where back with regret." _ "I was very reluctant," says Hampers. would I be if my mother believed in ''The way he got me was he said, 'Okay, abortion?" if you're not up to the challenge ... ' and Gold did not miss a beat. "I leaned Vicki Sanders is Editor in Chief of that really pressed my buttons." over and said, 'Your Honor, I have rwo Boston College Law School Magazine After leaving that post shortly before children.'" and writes for numerous publications, Dukakis's return to office in 1983, Ham­ Indeed, Gold had given birth to her including the Boston Globe Magazine pers ran for State Treasurer, losing the first child 10 months after finishing law and Boston Sidewalk. Eric C. Griffith '98 race but garnering 46 percent of the vote schoo!. She was in court up until her contributed to this story.

26 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 THE SCHOLAR'S CORNER

! FA I ~DENCE OF THE DITENT TO which American children are in deep trouble has led to a call that the legal profession focus on a broad and long-term ameliorative campaign, a campaign that has been rendered more urgent by passage of the 1996 federal welfare reform legislation and by recent federal and state proposals that would all but put an end to a separate system of justice for children. Based on the view that all legal tools should be mobilized for protectlon of children, article suggests ways that international law can con­ tribute to the effort. More specifically, the focus is on using international institutions and procedures as a means to achieving effective domestic respect for children's rights that are only marginally protected or do not exist at all in the Ameri­ can legal system. How Children's rights are already recognized in Ameri­ can constitutional law. They can also be found as part of international law. These exist in the same two basic international laws forms that characterize nearly all of international law, namely conventional law and customary law. The for­ mer is composed of treaties entered into by sovereign can help states that impose legal duties only on those states that become parties to the treaties, usually through a domestic process of ratifica­ OUT OF THE SANDBOX tion. A rule of customary law, on the other hand, is derived from a widespread practice of states and is legally binding on all states that have not objected to protect American the rule during the period of its evolution. Taking the enumeration in the Restatement (THIRD) of the Foreign Relations Law of the United children's rights States as a guide, it appears that customary law has not developed any rights specifically vested in children, Sanford Fox although it does embrace several generally phrased By j. rights that do include them. Illustration by Anne F McDonald

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 27 The nature of the rights protected by international law spans a range from the very specific to the very general, from the International human rights law comes into familiar to the exotic. Among the more specific and familiar rights are those relat­ being from the work ofsovereign nations ing to children in trouble with the law. Conventional law clearly condemns, for reaching treaty agreements among themselves, example, the death penalty for any offender who was under the age of 18 at from the actual behavior ofnations in the the time of his or her crime, prohibits subjecting children to ex post facto laws, world community and virtually not at all forbids resort to "torture or to cruel, from judicial or legislative bodies. inhuman or degrading treatment or pun­ ishment" and requires that "U] uvenile L offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status." the exalted status accorded international and the International Covenant on Eco­ While application of such rights to any treaties by the federal Constitution. The nomic, Social and Cultural Rights, or it particular set of facts may be problematic, Supremacy Clause in Clause 2 of Article may be legally ineligible to ratify, as is the many of them have at least a prima facie VI of the Constitution states: case with the regional European and substantive content derived from their African human rights conventions. But close relationship to cognate and well­ all Treaties made, or which shall be whatever the reason for nonratification of established domestic rights. Other con­ made, under the Authority of the a treaty, international law generally holds ventional children's rights, on the other United States, shall be the supreme that in the absence of ratification there is hand, have no such domestic predecessors, Law of the Land; and the Judges in no duty to observe any of the treaty's leaving their substantive content unan­ every State shall be bound thereby, requirements so that the rights defined in chored in national legal experience. Eco­ any Thing in the Constitution or a treaty which the US has not ratified do nomic and social rights of children, such Laws of any State to the Contrary not belong to children of this country. as the rights to health, food, education notwithstanding [emphasis added]. The international community, in the and an adequate standard of living, are absence of US ratification, cannot by particularly absent from domestic Since nearly all of the international itself confer rights on American children. jurisprudence. The same can be said of the human rights of children are to be found Both domestic and international protec­ child's right to protection of his or her in treaties, the Supremacy Clause would tion of these rights are precluded. To the honor or the right to express maturely appear to guarantee their respect and extent, however, that these unratified held views and to have these given appro­ enforceability in domestic courts, even in protections represent codifications of priate weight. These latter rights are, by the face of inconsistent state law. customary law that is binding on the US, virtue of the dimness of their presence in Although the subject of customary inter­ the international community can resort American law, among the most valuable of national law is not addressed in the Con­ to international implementation mea­ those articulated in international law. The stitution, at the turn of this century the sures that do not depend on being a par­ generality with which they are phrased is Supreme Court announced that custom­ ty to the unratified treaty. no fatal barrier to their evolution, for, as ary law constitutes "part of our law, and In addition to the failure to ratify, the Ninth Circuit has observed concern­ must be ascertained and administered by there is a second impediment to domes­ ing similarly general terms in a UN the courts of justice of appropriate juris­ tic enforcement of children's internation­ Trusteeship Agreement, they are "no more diction, as often as questions of right ally protected human rights. When the general than such terms as 'due process of depending upon it are duly presented for US has ratified a human rights treaty, it law,' 'seaworthiness,' 'equal protection of their determination." This is taken as giv­ has usually been on condition that the the law,' 'good faith,' or 'restraint of trade,' ing the Supremacy Clause the same pow­ treaty not furnish a rule of decision in which courts interpret every day." er regarding customary law as it has with any domestic litigation (i.e., that it not be conventional law, although no case self-executing so that its provisions can­ THE IMPACT IN DOMESTIC COURTS appears to have adopted such a rule. not be invoked judicially and will have Nonetheless, children's rights found in domestic legal impact only when and if n light of the broad panoply of inter­ the human rights treaties face at least the treaty has been implemented by I national law rights, it is necessary to three major obstacles to their domestic domestic legislation). It would then be address the option of children's lawyers enforcement, the Supremacy Clause the legislation that furnishes the rights, relying on this body of law in federal and notwithstanding. The first of these is that not the treaty. The doctrine of the self­ state court litigation. The powerful poten­ the US has been either unwilling to rati­ execution of treaties is, in effect, a means tial for domestic enforcement of children's fy some of the treaties, as is the case for of nullifying the operation of the international law rights is highlighted by example of the Children's Convention Supremacy Clause with regard to human

28 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 rights treaties. It is a doctrine, however, arrangements under which aggrieved government action or inaction by invok­ that is irrelevant in any proceeding individuals or groups, or sometimes even ing the condemnation of the Inter-Amer­ brought before an international body third parties with no direct stake in the ican Commission on Human Rights. since it has no effect on either the con­ conflict, are authorized to initiate an Children's advocates also have an ventional or customary international law adversarial process against the govern­ important role outside the litigation obligations of the US. ment that may include a process akin to process in correcting the Inter-American The third reason that may preclude pleading and discovery, written and oral Commission on Human Right's short­ domestic enforcement of even a self-exe­ argument, site visits and the rendition of comings. One useful reform agenda for cuting treaty has to do with the device of a judgment-like final decision. this activity has been proposed by the "reservations." Upon ratifying a treaty, a At present there are two major systems Association of the Bar of the City of New country may declare that it chooses not of quasi-judicial accountability within York. Although some of the proposed to accept all of the duties imposed by the regional intergovernmental organizations, reforms can be accomplished by the Inter­ treaty. By entering a reservation to Article namely the Council of Europe and the American Commission on Human Rights 6 of the Covenant on Civil and Political Organization of American States. Much itself, such as a more disciplined adher­ Rights, for example, the US has avoided of the impetus for the adoption of these ence to its own procedural rules, key parts assuming any duty in international law to systems came in response to the atrocities of the program can be brought about by outlaw the juvenile death penalty. The of the Second World War. Pursuant to the US, exerting its influence within the result is the same as the US having not rat­ these petition systems, persons in any of OAS on such issues as the selection of ified the reserved part of the treaty - the countries that (1) are party to the more qualified commissioners and staff both domestic and international protec­ European Convention and (2) have for­ and giving the Inter-American Commis­ tion from the death penalty are precluded. mally recognized the right of their citizens sion on Human Rights more control over Therefore, nontatification, the self­ to utilize the petition procedure have the a larger budget and an expanded staff. execution doctrine and resort to reserva­ opportunity to complain to the European Importantly, this influence can be brought tions and related devices all function to Commission on Human Rights in Stras­ to bear through presidential executive limit severely the ability of courts in the bourg, France, that their government has action and without the necessity of the US to make effective use of the newly violated their fundamental rights; while congressional approval that would be developed conventional international those in Western Hemisphere countries required by such steps as a ratification of human rights of children. that are members of the Organization of the American Convention accompanied If children in the US are to benefit American States (OAS) can similarly com­ by acceptance of the compulsory jurisdic­ from the development of children's rights plain to the Inter-American Commission tion of the Inter-American Court of by the international lawmaking process, on Human Rights in Washington, D.C., Human Rights or appropriating funds to there is little alternative but to turn to that they have been denied rights protect­ pay the US's arrears to the ~AS . those protective mechanisms and proce­ ed by the American Declaration of the The cause of children's rights stands to dures that international law itself provides. Rights and Duties of Man. benefit much from an organized pursuit The American Declaration of the of these litigation and activist roles. ENFORCEMENT BY INTERNATIONAL BODIES Rights and Duties of Man lists 28 sepa­ Bringing appropriate cases to the Inter­ rate human rights that OAS member American Commission on Human It] evelopment of the substantive states are called on to respect, including Rights and engaging in follow-up activi­ international law of children's rights that are specifically designated for ty to ensure implementation of successful rights is a process significantly different children, such as Article VII, which decisions may bring immediate benefits from lawmaking on the domestic scene. declares that "all children have the right to individual clients and long-term bene­ In place of legislatures, courts and to special protection, care and aid," and fits in the form of an effective develop­ administrative agencies, international Article XII, guaranteeing "the right to ment of an inter-American jurisprudence human rights law comes into being from receive, free, at least a primary educa­ of children's rights. Further long-term the work of sovereign nations reaching tion." The declaration also enumerates gains in the form of intra-regime reforms treaty agreements among themselves, rights that are of general application that such as those proposed by the report from the actual behavior of nations in the could be extremely valuable for children. from the Association of the Bar of the world community and virtually not at all As it presently operates, the Inter­ City of New York would be more likely if from judicial or legislative bodies. It is American Commission on Human large numbers of children's lawyers with not surprising, therefore, that both the Rights' flaws need to be addressed before experience working in the present regime means for inducing conformity to the it can significantly fulfill its promise. lend their voices to those demanding that substantive international norms as well as Nonetheless, an experienced litigator the US government take the lead in hav­ the role of lawyers in that system also dif­ advises in favor of filing petitions with the ing the OAS accept reform proposals. fer significantly from domestic analogs. Inter-American Commission on Human Demands for reform in the Inter-Ameri­ Most closely related to the domestic Rights and there may even be an ethical can human rights system gain significant­ litigation process are the international obligation on children's advocates at least ly in credibility when they come from petition system's quasi-judicial or indi­ to consider the possibility of seeking those who have experienced the frustra­ vidual petition procedures. These are the redress and relief for a client from abusive tions of the present system.

FALL '997 / BOSTON COLLEGE LAW SCHOOL MAGAZI N E 29 THE ROLE OF THE UNITED NATIONS In the context of such a broad sub­ HOW TREATIES HELP stantive and procedural discretion, the urisdiction of the second set of importance of the political dimension to Pi' ther bodies to whom communica­ Dinternational procedures for present­ the Commission's work cannot be over­ W tions may be made concerning abuse ing children's rights claims is founded on looked. The Commission is made up of of children's rights are the committees that the authority of the major human rights government representatives whose posi­ review reports by the US of its compliance organizations of the United Nations, tions on issues coming before the Com­ with particular treaties. At present, a sig­ which exercise a supervisory role over the mission, especially concerning the Com­ nificant number of human rights instru­ human rights performance of all nations. mission's response to claims of human ments require their states parties to submit The primary actors in this function are rights violations by particular govern­ reports to an international body concern­ the United Nations Commission on ments, reflect domestic and international ing implementation of the human rights Human Rights (Commission) created by political policies at their capitals. they have undertaken to respect. The US is the Economic and Social Council Nonetheless, it would be a distortion to a party to three of these, the Torture Con­ [ECOSOC) in 1946 with an open-ended see the Commission and the Sub-Com­ vention, the International Covenant on mandate in the human rights field, and mission as only a UN stage on which Civil and Political Rights and the Interna­ the Sub-Commission on the Prevention political dramas are played out. Over tional Convention on the Elimination of of Discrimination and Protection of recent decades they both have developed All Forms of Racial Discrimination. Minorities (Sub-Commission) which the mechanisms and procedures for putting Each state's report is considered by the Commission then created as a nominally the public international spotlight on monitoring committee according to rules subsidiary body to assist it in its func­ offending governments and their offenses. set forth in the treaty and in the commit­ tions, especially those having to do with While no government cares to admit tee's own regulations. Often the commit­ the issues in its title. More than any of publicly that it is succumbing to interna­ tee's initial reading of the report leads it to the other international mechanisms dis­ tional pressure, the salutary effects of request additional information from the cussed in this article, the United Nations reporting state. It is also likely to take system represented by these two bodies is account of information supplied to it by and has been in a state of episodic but sources outside the government such as dynamic transition, one that has created other UN bodies, nongovernmental orga­ potentially powerful opportunities for nizations and even individuals. advocates of children's rights. Both the need and the opportunity to The Commission operates under an bring to the attention of the Committee ECOSOC resolution giving it jurisdic­ abuses against children protected by the tion to consider the "[q)uestion of the civil and political covenant appears to be violation of human rights and funda­ clearly established. The array of children's mental freedom .. . in all countries" rights involved include all of the treaty's (emphasis added). Proponents of the being singled out in this fashion are generally applicable rights such as are con­ expansion of the Commission's role in attested to by the intense efforts govern­ tained in the Article 7 injunction that the mid-1960s expected their initiative to ments make to be elected to the Com­ " ... no one shall be subjected without his be confined to human rights violations of mission, to avoid being brought under free consent to medical or scientific exper­ a racist nature in southern Africa and in the Commission's scrutiny and to prevent imentation," and the Article 17 rule that colonial territories, but a conflict on the adoption by the Commission of a resolu­ " ... [n)o one shall be subjected to arbitrary issue of scope of its authority was tion critical of its human rights perfor­ or unlawful interference with his privaL-y." resolved by the General Assembly's mance. Symbiotically, the international In response to the first report of the request that it consider human rights vio­ condemnations also become a tool for US, which it considered at its April 1995 lations "wherever they may occur." domestic political opposition. meeting, the Human Rights Committee The text of governing ECOSOC Res­ The vulnerability of United Nations found the US failing to meet its treaty olution 1235 refers to a "consistent pat­ procedures to the forces of international obligations on several grounds. It included tern of gross violations," thus opening politics renders it impossible to see them among its "Principal subjects of concern" the procedures to apply not only to as offering a promise of frequent success the matter of experimentation on chil­ racism but potentially to all claims con­ in righting the wrongs against American dren: ''The Committee is concerned that, cerning any serious and widespread viola­ children. But the infrequency of success in some states, non-therapeutic research tions. The nature of the procedures for needs to be balanced against the magni­ may be conducted on minors ... on the the Commission's work set forth in tude of success when it is achieved. The basis of surrogate consent, in violation of ECOSOC Resolution 1235 has come to work of the Commission and the Sub­ the provisions in article 7 of the be unconstrained by any legal text and Commission can be powerful influences Covenant." The Committee was also crit­ the working methods of both the Com­ on the formulation and execution of gov­ ical of the US reservation concerning the mission and the Sub-Commission have ernment policies so that long- and short­ juvenile death penalty and of the refusal evolved in response to the nature of the term strategies to attract that attention by the US to change any of its law in order problems that have had to be confronted. need to be given serious consideration. to comply with the treaty.

30 BOSTON COLLEGE l.AW SCHOOL MAGAZINE / FALL 1997 THE OPPORTUNITIES FOR LAWYERS ations from the Department of Health seeking indirect federal relief for violation and Human Services to remedy a state's of children's rights within the jurisdiction nternationallaw has developed a "no failure to provide protection from abuse, of the Commission. I fly wne" over American children by from the Department of Labor for a state's Representation of individual children providing a range of rights that the Amer­ failure to meet child labor standards or is not, moreover, the only course of ican government, in its legislative, execu­ from the Department of Housing and action open to children's lawyers. They tive and judicial branches, cannot legally Urban Development for a state's failure to can, for example, generate significant invade. The legal profession needs to assure a minimum level of housing for pressure by making available to interna­ familiarize itself with the international children. Certainly, the State Department tional nongovernmental organizations institutions and procedures that constitute should be an addressee for all complaints (NGOs) their experience with American this legal protection since without the since that department will be obliged to violations of children's international active involvement of lawyers the advan­ defend the US human rights' record rights so that the NGOs, who have the tages accruing to American children from before the Human Rights Committee and ear of both UN bodies and treaty-based international law will remain marginal. it would undoubtedly be happier to monitoring committees, can use the How best to exploit the opportunities inform the Committee of the action it has information in shaping their agendas and presented by international law is the cen­ taken on behalf of individual children inqumes. One limitation on this tral challenge facing children's lawyers. It than to defend its neglect of the condi­ approach is that NGOs have traditional­ has already been suggested that the possi­ tions in which American children live. ly focused exclusively on political and bility of litigating children's rights claims This approach to obtaining relief for a civil rights and largely ignored the inter­ before the Inter-American Commission client (or class of clients) is also available nationally protected economic and social on Human Rights needs to be included for protection of children's rights that are rights that are crucial to children. There in the strategy. Additional courses of not included in a treaty the US has rati­ are, however, some encouraging indica­ action are also available. fied . It should be recalled that the juris­ tions that this may be changing. A process that has been called "indirect diction of the UN Human Rights Com­ These approaches to using interna­ incorporation" suggests using the interna­ mission is not limited by the substantive tional law for children, as well as others tional norms to influence the meaning law of human rights treaties, nor is the devised by imaginative lawyers, need to that courts adopt of statutes and consti tu­ pressure it can apply limited to particular be coordinated if they are to be effective. tional provisions involved in children's states. While the record of the Commis­ Here is a large role for law school clinics, rights litigation. The advocate's point here sion thus far has exhibited a gross neglect state bar associations and other groups is that domestic courts should, whenever of human rights violations by the major such as the National Association of possible, interpret American law so as to powers and a similar posture in regard to Counsel for Children. be consistent with and not violative of the economic and social rights American international standards. children often lack, the jurisdiction to Professor Sanford J. Fox joined the Favorable results may also be possible in call the US to account for its treatment of Boston College Law School foculty in 1959. cases where the ptotection needs to be children is clearly established and pro­ He received his A.E. from the University of sought in state or local law or practice by vides a firm basis for urging the federal Illinois, his LI.E. from Harvard Universi­ applying indirect pressure to produce a rem­ government to "take appropriate mea­ ty and an Honorary LI.D. from the Uni­ edy. To appreciate this possibility, some­ sures" to bring state and local law into versity of Glasgow. thing needs to be said of the federalism line with a wide variety of international He is chair of the aspects of children's international rights. protections. The federal obligation here Committee on the The federal government is responsible stems exclusively from the international Rights ofChildren of for respecting these rights to the same duties of federal states. the American Bar extent that it is responsible for ensuring Unlike the situation with regard to the Association's Section US compliance with other parts of inter­ Human Rights Committee, which is of Individual Rights national law. That under our federal sys­ composed of independent experts who and Responsibilities tem state and local law has the dominant can shape their inquiry into a state's and is on the Board of Governers of the share of providing for children's rights human rights practice without great ABA Center on Children and the Law. He does not alter the international obliga­ regard to whose toes are being stepped has written four books and published tion of the federal government. State law on, the Human Rights Commission is a numerous articles on the subject ofchildren that fails to meet the requirements of political body where pressure by the US and the law. international law that is binding on the and its allies may avoid embarrassing US brings the country into violation of public disclosures of the treatment of Copyright 1997 American Bar Associa­ international law. American children. Whether the federal tion. This article was excerpted and abridged That is the point at which children's government would rely on this possibili­ from "Beyond the American Legal System for lawyers need to apply the pressure. ty as a reason for refusing to press for the Protection of Children's Rights," which Depending on the nature of the violation redress from state and local authorities appeared in Family Law Quanerly, Sum­ involved, they can demand federal action cannot yet be determined. But that is no mer 1997 It is reprinted with permission in compliance with its international oblig- reason for children's lawyers to neglect from Family Law Quarterly.

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 31 PROFESSOR CHARLES H. BARON ty' Excuse." Berkeley Journal ofEmployment Recent Publications: "Pleading for Physi­ and Labor Law 18 (1997): 183-239. cian-Assisted Suicide in the Courts." West­ Work in Progress: The 1998 Supplement to ern New England Law Review 19 (1997): the Handbook of Massachusetts Evidence 371-403. (with Paul J. Liacos and Michael Avety) , to Presentations: Participated in a New appear in December. Civil Procedure: Doc­ Hampshire public forum on issues in the trine, Practice and Content (with Stephen humanities on the subject of physician­ Subrin, Martha Minow, and Thorn Main), assisted suicide, in September. to be published in 1999. Other: Debated Professor Scott FitzGib­ PROFESSOR GEORGE D. BROWN FACULTY bon on physician-assisted suicide legisla­ Recent Publications: "Should Federalism tion at the Law School, in October. Shield Corruption? - Mail Fraud, State news & notes Law and Post-Lopez Analysis." Cornell PROFESSOR ARTHUR L. BERNEY Law Review 82 Oanuary 1997): 225-300. Presentations: Presented a paper on human rights violations in connection with the AsSOCIATE DEAN FOR ADMINISTRATION international effort to control the illicit drug MICHAEL CASSIDY trade, at the conference and workshop, Appointments: Named editor in chief of "Global Organized Crime and International Massachusetts Law Review. Security: Balancing Societal Needs and Human Rights," at the Onati Institute for AsSISTANT PROFESSOR LESLIE EsPINOZA the Sociology of Law (IILS) in Spain, in Recent Publications: "Legal Narratives, June. The IILS is a foundation created by Therapeutic Narratives: The Invisibility the Basque government under the auspices and Omnipresence of Race and Gender." of the International Sociological Association. Michigan Law Review 95 (February 1997): Other: Debated campaign finance reform 901-937. with Professor Lillian BeVier of the Uni­ versity of Virginia Law School before the PROFESSOR SCOTT T. FITZGIBBON Federalist Society at the Law School, in Work in Progress: "The Failure of the September. Freedom-Based and Utilitarian Justifica­ tions for Assisted Suicide," accepted for AssISTANT PROFESSOR MARy SARAH BnnER publication by the American Journal of Grants and Fellowships: Received a Univer­ Jurisprudence; "Fiduciary Relationships sity Research Travel Grant for travel to Lon­ Are Not Contracts," accepted for publica­ don, in September, and studied the world of tion by Marquette Law Review. "The colonial attorneys (libraries, education Model Physician-Assisted Suicide Act and friendships, etc.) and how they and their the Jurisprudence of Death" will be clients developed a system of rehearings and reprinted by Issues in Law and Medicine. appeals; awarded a fellowship for the fall Other: Debated Professor Charles Baron on semester to continue research focused on physician-assisted suicide and gave a talk on colonial Rhode Island at the John Nicholas the topic at the Law School, in October. Brown Center for the Study of American Civilization at Brown University. PROFESSOR SANFORD J. Fox Recent Publications: "Beyond the Ameri­ PROFESSOR ROBERT M. BLOOM can Legal System for the Protection of Recent Publications: Chapter author for Children's Rights." Family Law Quarterly "Suppression of Illegally Obtained Evi­ 31 (Summer 1997): 237-267. dence: Pretext Searches." Chapter 83, 83- 1 - 83-18, in Criminal Defense Tech­ Presentations: Presented a paper on the niques, edited by Robert M. Cipes, et al., history of the juvenile court at a meeting New York: Matthew Bender, 1997. of the National Council of Juvenile and Family Court Judges in Reno, Nevada, in PROFESSOR MARK S. BRODIN September. Recent Publications: "The Demise of Cir­ Appointments: Reappointed to the chair­ cumstantial Proof in Employment Dis­ manship of the Committee on the Rights crimination Litigation: St. Mary's Honor of Children of the American Bar Associa­ Center v. Hicks, Pretext, and the 'Personali- tion's Section of Individual Rights and

32 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 Responsibilities. Named to the Board of AsSOCIATE PROFESSOR RUTH-ARLENE Budapest, Collegium Budapest, Institute Governors of the ABA Center on Chil­ W. HOWE for Advanced Study, 1997. dren and the Law. Recent Publications: ''Trans racial Adop­ Work in Progress: Began research and Other: Received an Honorary Doctor of tion (TRA): Old Prejudices and Discrim­ writing at All Souls College, Oxford, to Laws degree from the University of Glas­ ination Float Under a New Halo." Boston be continued over the next three years for gow, in June. Attended a meeting of the University Public Interest Law Journal 6 a forthcoming book on family law, to be Advisory Committee on Children's Rights (Winter 1997): 409-472. published by Oxford University Press. of Human Rights Watch in New York, in Presentations: "New Legislative Develop­ Presentations: Discussed the American September. Met at Boston College Law ments in the US Pose Compliance Prob­ response ro the new Divorce Reform Act School with Dr. Musa Dweik, deputy dean lems for 'Sending' States Under the at the Socio-Legal Center Seminars on of the faculty of law of Al-Quds University Hague Convention on Intercountry Family Law, at All Souls College, in Feb­ in East Jemsalem, to discuss possible collab­ Adoptions" at the 9th World Conference ruary. "The Concept of the Family Law oration between the two schools in the field of the International Society of Family Court in America" at the Institute for of human rights, in September. Attended a Law, and served as moderator for a ses­ Advanced Study, in Budapest, in May. meeting of the United Nations Committee sion on transracial adoption in Durban, "State Control Versus Personal Autono­ on the Rights of the Child in Geneva to dis­ South Africa, in July. my in Marriage," at the All Souls Visiting cuss the Law School's program on assistance Fellows' Colloquium, in June. "Parental to disabled children, in October. Other: Attended Washington, D.C., meeting of the Study Group on Inter­ Rights and Social Responsibility in American Child Protection Law" at the AssISl1\NT PROFESSOR KENT GREENFIELD country Adoption to advise the United 9th World Conference of the Interna­ Work in Progress: Co-authored, with States State Department's Office of Legal Advisor for Private International Law tional Society of Family Law, Durban, John Nilsson, BCLS '97, "Gradgrind's South Africa, in July. Education: Using Dickens and Aristotle regarding United States ratification of the to Understand (and Replace?) the Busi­ Hague Conference Convention on Inter­ Appointments: Elected to the Executive ness Judgement Rule," accepted for pub­ country Adoption, in April. Session pan­ Council of the International Society ofFam­ lication by Brooklyn Law Review. "The elist at the MassachusettS Open Door ily Law, of which he is a former president. Unjustified Absence of Federal Fraud Sociery Chapter Annual Adoption Con­ Other: Participated in a conference at the Protection in the Labor Market," forth­ ference in Milford, MassachusettS, in Advanced Institute in Budapest to pro­ coming in Yale Law Journal. May. Attended the Fourth African/ vide guidance to Hungary in its family African-American Summit in Harare, law reform, in May; Visiting Fellow at All Presentations: "The Unjustified Absence Zimbabwe, in July. Panelist at the com­ of Federal Fraud Protection in the Labor Souls College, a position to which he was bined Massachusetts Black Lawyers Asso­ elected in November 1996. Market," to the labor law faculty of the ciation and Massachusetts Black Women University of Chile and members of the Attorneys reception for African-Ameri­ PROFESSOR THOMAS C. KOHLER Chilean National Labor Board. Gave a can law students at the Boston Bar Asso­ Recent Publications: Review of Labour lecture (in Spanish) about United States ciation, in September. corporate law to LL.M. students at the Law and Industrial Relations in Germany, by Manfred Weiss. Comparative Labor University of Chile School of Law. AssISD\NT PROFESSOR DANIEL KANSTROOM Law Journal 18 (Spring 1997): 483-486. Other: Spent much of June 1997 in San­ Presentations: "Immigration Consequences tiago, Chile, to research Chilean law and of Crime," Vermont Law School Continu­ Presentations: "The Problems of Solidar­ investigate the possibility of establishing ing Legal Education, in April. "Judicial ity" at the Fifth International Industrial a relationship between the Law School Review Under the New Immigration Relations Association European Regional and a Chilean law school. Met with Laws," to United States District Court Congress, in Dublin, Ireland, in August. administration and faculty of three law judges in Massachusetts, in Boston, in May. Appointments: Named member of the schools to discuss establishing faculty and "Some Ways of Thinking About Immigra­ New York-based Council on Families. Also student exchanges. Interviewed lawyers, tion and Law," Smith College Graduate named member of the International Advi­ business leaders and community activists School of Social Work, Northampton, sory Committee, National College of to learn more about the role of corpora­ Massachusetts, in July. "Immigration Con­ Industrial Relations, Dublin, to advise the tions in Chilean society. sequences of Criminal Convictions," a college on trends in employment relations. training program for new attorneys, Com­ Other: Received grant, with Professor Dr. AssociATE PROFESSOR DFAN M. HAsHlMoro mittee for Public Counsel Services (Public Michael Kittner (Kassel) from the Hans­ Presentations: Led a discussion group on Defender), in Boston, in September. Bockler-Stiftung (Dusseldorf) for the pro­ the use of statistics and other empirical ject "Kundingungsschutzrecht: Vergleich PROFESSOR SANFORD N. KATZ research in legal scholarship, with Associ­ Deutschland/USA" (law against unfair ate Professor Alfred C. Yen, at the Con­ Recent Publications: ''The Concept of the employment dismissals: comparison of ference of Asian Pacific American Law Family Court in America." The Family Jus­ German and American law)."The Waning Faculty at CUNY Law School in New tice System: Past and Future Experiences and Habits of the American Heart," interview York, in October. Prospects, edited by Ludwig Salgo, 35-45. by William Bole, Our Sunday Visitor

FALL 1997 / BOSTON COLLEG E LAW SCHOOL MAGA ZI NE 33 (August 31, 1997): 10-1l. Participated in second edition of Environmental Law and Judicial Ethics and Jurisprudence discus­ Boston College's 24th Annual Lonergan Policy: Nature, Law and Society with sion at the New England Appellate Judges' Workshop "Redeeming the Time: In Robert Abrams and William Goldfarb, Conference in Portsmouth, New Hamp­ Honor of Sebastian Moore, O.S.B.," in one of two top-selling coursebooks on the shire; commentator at the Law School September, where he co-chaired, with Pto­ subject in the United States. debate about voucher plans and the First fessor Bruce Anderson of the University of Presentations: Delivered the keynote Amendment, in September. In October, Leeds, the week-long session "Self-Appro­ address at the National Wildlife Federa­ Dean Soifer led a discussion at the 1997 priation and the Law." Interviewed on tion's First Annual Conference on Endan­ Annual Conference of the Justices of the WDEO, Detroit, Michigan, on causes of gered Species Law, in Washington, D.C., Boston Municipal Court Department in the decline of families, unions and other framing the conflicts between public trust Chatham, Massachusetts; chaired a ses­ mediating institutions, in September. protections of wildlife and the market sion and served as commentator on "Dis­ pressures of development, in May. senting Speech in the Early American PROFESSOR CYNTHIA C. LICHTENSTEIN Republic" at the Annual Meeting of the Recent Publications: Remarks (as Chair) on PROFESSOR JAMES R. REPETTI American Society for Legal Histoty in "Money Across Borders." American Society Recent Publications: "Management Incen­ Minneapolis, Minnesota; and addressed ofInternational Law, Proceedings ofthe 90th tives, Needless Tax Complexity, and Capi­ the Massachusetts Judges Conference Annual Meeting (1996): 161-177. tal Gains." Tax Notes 75 (1997): 981-99l. General Meeting in Westborough, Massa­ chusetts, on the topic of "Demons and the Presentations: Delivered address at Presentations: Lectured on current issues Attachment-Detachment Dilemma." McGeorge School of Law as part of its in tax policy at Notre Dame Law School, Distinguished Speaker Series on "Deal­ in October. WOrk in Progress: "Born Classified, Born Free: An Essay in Memory of Henry ing with Emerging Market Banking Other: Attended the University of Cali­ Schwarzschild," will be published in a Crises: Is an International Banking Stan­ fornia at Berkeley Workshop on Public Symposium on the Pentagon Papers, dard an Answer?", in Ocrober. Economics and Tax Policy, a week-long forthcoming in the Cardozo Law Review. Other: Retained as member of the Amer­ invitational conference, in June. ican Association of Arbitrators Interna­ AsSOCIATE PROFESSOR MARK SPIEGEL tional Panel in the revision of the AAA ASSOCIATE PROFESSOR OF LEGAL list. Attended International Arbitration REASONING, RESEARCH AND WRITING Recent Publications: "The Case of Mrs. Day at the Association of the Bar of New FRANCINE T. SHERMAN Jones Revisited: Paternalism and Autono­ York, in September. Attended a meeting Presentations: Led two workshops at the my in Lawyer-Client Counseling." of the International Monetary Law Com­ Juvenile Defender Leadership Summit in Brigham Young University Law Review mittee of the International Law Associa­ Chicago, sponsored by the American Bar (1997): 307-338. tion hosted by Spanish member, general Association, entitled "The Defender's Role PROFESSOR CATHARINE P. WELLS counsel of the European Monetary Insti­ in Addressing Gender Bias," in October. Recent Publications: "The Theory and tute, in Madrid, in October. Appointments: Named to the Advisory Practice of Being Trina: A Remembrance Council of the Children's Law Center of AsSOCIATE PROFESSOR OF LEGAL of Trina Grillo." Minnesota Law Review Massachusetts. REAsONING, REsEARCH AND WRITING 81 (June 1997): 1381-1390. JEAN E. McEWEN Other: Received funding from the Public Recent Publications: "DNA sampling and Welfare Foundation for individual and AsSOCIATE PROFESSOR ALFRED C. YEN banking: practices and procedures in the policy advocacy for female juvenile offend­ WOrk in Progress: "Copyright Opinions United States." In Human DNA: Law and ers. Received funding from the Gardnier and Aesthetic Theory," forthcoming in Policy - International and Comparative Howland Shaw Foundation to continue Southern California Law Review. Perspectives, edited by B.M. Knoppers, work in the areas of juvenile justice dispo­ sitions and school-linked legal services. Presentations: Moderated a panel and 407-421. The Hague, Netherlands: Kluw­ gave introductory remarks on affirma­ er Law International, 1997. AsSISTANT PROFESSOR PAMELA J. SMITH tive action and Asian-Americans at Har­ vard University, in February. Talks on PROFESSOR ZYGMUNT J.B. PLATER Recent Publications: "Patent Law and "Copyright Opinions and Aesthetic Recent Publications: "HCP's and the Intellectual Property." Careers and the Minority Lawyer 2 (Fall 1997): 41-43. Theory" at the University of Pittsburgh Embattled Social Utilities of the Endan­ Law School, in April, and at Santa Clara gered Species Act." Endangered Species PROFESSOR ROBERT H. SMITH University Law School, in September. UPDATE 14: no. 7/8 (July/August Presentations: Panelist for the "Inner Led, with Associate Professor Dean M. 1997): 15-17. Game of Meditation" at the Cambridge, Hashimoto, a discussion group on the WOrk in Progress: "On Not Forgetting the Massachusetts, Dispure Settlement Center, use of statistics and other empirical Canaries in the Coal Mine: The Embattled in September. research in legal scholarship at the Con­ Social Utilities of the Endangered Species ference of Asian Pacific American Law Act," forthcoming in Environmental Law, DEAN AVIAM SOIFER Faculty at CUNY Law School in New Fall 1997. Senior editor now preparing the Presentations: Speaker and co-leader at a York, in October.

34 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 Sanford Katz turns a scholarly eye on some of America's most troubled social institutions All in the Family Sanford N. Katz gives new meaning to the government to protect children so that he term "family man." In his 29 years as a pro­ can develop a new model for adoption. Sim­ fessor at Boston College Law School, he ilarly, he is examining the tension that exists has risen to the highest ranks of scholar­ between personal autonomy and govern­ ship in the field of family law and has set a mental regulation of family relationships. legislative and academic agenda that few "What is happening today is that we are others can match. questioning traditional institutions. The "My approach to family law is to bridge conventional definitions of marriage are the gap between theory and practice," he being tested and are subject to scrutiny," he says. He does this by harnessing his says. Sanford Katz (right) with his wife,Joan, and poet Sea· insights into culture, psychology, philoso­ The institution of adoption, which Katz mus Heaney during a ceremony at All Souls College in Oxford, England. phy and history and bringing them to bear claims is sometimes used for social experi­ on legal inquiry. mentation, has also been undergoing revo­ Joan, a psychiatric social worker. Later, as a Katz is fresh from a semester's sabbati­ lutionary changes for the past several Public Health Fellow at Yale Law School and cal as a Visiting Fellow at All Souls College decades. Historical perspective, Katz says, is at the Hampstead Child Therapy Clinic in in Oxford, England, an institution so crucial in devising a future course of action. London, he broadened his psychological revered that the New York Times drooled Katz arrived at the Law School in 1968, perspective by studying with Dr, Anna over it as a place of "academic splendor" recruited along with Hugh J. Ault and Mary Freud. and "such rarefied scholarship that it has no Ann Glendon (who now teaches at Har­ Katz came to Boston College after students." He was one of two American law vard) by then-Dean Robert F. Drinan, S.J. teaching stints in Washington, D.C., Florida scholars invited in 1997, and he spent his Those were heady years for the school. and Michigan. He followed Father Drinan as time doing research for a book on Ameri­ Father Drinan was determined that the editor in chief of Family Law Quarterly and can and English family law to be published Law School's reputation for scholarship later as chair of the Family Law Section of in three years by Oxford University Press. equal its national standing as a great teach­ the American Bar Association. Katz was Katz's research is leading him deep into ing institution. also president of the International Society two of the most volatile family-related "He warned us about avoiding passing of Family Law and has twice served as chief issues of the late twentieth century: adop­ fads and steered us in the direction of drafter of family law legislation for the tion and marriage. One of his goals, he says, scholarship that would find universal United States Department of Health, is to determine the origins of the power of acceptance," Katz says. "We heeded his Education and Welfare. He has published advice and have become inter­ 13 books, the most recent of which is the nationally known in our fields . I 1994 Cases and Material on Family Law: credit Father Drinan for giving Legal Concepts and Changing Human me a great opportunity." Relationships, which he co-authored. Though Katz's studies have Books are much on Katz's mind even taken him well beyond the con­ during his off hours. He relaxes with non­ ventional boundaries of family fiction, especially biographies and memoirs. law, he is the product of a con­ The two that currently occupy him are ventional New England upbring­ An American Anthem by James Carroll, and ing. Like his mother, he was born A Path from Rome by Anthony Kenny. He is in Holyoke, Massachusetts. He also the proud father of two sons,Andrew, received a history degree with a national sports writer, and Daniel, an honors from Boston University appellate attorney who is also a profes­ and a law degree at the Un iversi­ sional actor, ty of Chicago, where he was "Sanford Katz is well-known around the heavily influenced by Karl world for his pioneering scholarship;' says Llewellyn and Max Rheinstein Dean Aviam Soifer. "He is also a crucial and where he also met his wife, member of our community as a colleague and teacher. Boston College Law School Philosophy, psychology and culture all certainly feels his unique style, and we look playa port in Sanford Katz's scholarly forward to even more major accomplish­ exploration of family law. both here ments by him for many years to come." _ and abroad. - Vicki Sanders

FALL 1997 ! BOSTON COLLEGE LAW SCHOOL MAGAZI N E 35 VISITING FACULTY School where he teaches administrative he was president of the Legal Aid Bureau. law, constitutional law, jurisprudence He clerked for the Hon. Stephen Rein­ REGINALD ALLEYNE and property. He graduated from Har­ hardt of the United States Court of Biography: A professor of law emeritus at vard Law School in 1981, and was clerk Appeals for the Ninth Circuit. Patrick is UCLA, Reginald Alleyne has been teach­ to the Hon. Irving R. Kaufman in New teaching Current Issues in Civil Rights ing since 1969 in the areas of labor and York from 1982 to 1983. He was an this semester. employment law and civil procedure. He assistant and associate professor at the received his J.D. from Howard Universi­ University of Miami Law School from ROBERT TREVlSANI ty, where he was editor in chief of Law 1983 until he joined the faculty of the Biography: A partner with the law firm of journal, and his LL.M. from Columbia University of Connecticut in 1989. Paul Gadsby & Hannah LLP (Boston and University. Professor Alleyne is a native of was the professor-i n-residence at the Washington, D.C.), Robert Trevisani spe­ Boston and a graduate of Tufts Universi­ United States Department of Justice, cializes in corporate, tax, securities and ty. Two years of sea duty as a naval officer Appellate Staff, Civil Division. He international law. Before joining Gadsby preceded law school. Before beginning recently published, with Michael Fischl, & Hannah, he was special trial counsel his academic career, he was a law clerk to "Survival Skills: Test-Taking Tips." It with the Office of the General Counsel of the Hon. Henry W Edgerton of the can be found on the world wide web at the Treasury Department in New York United States Court of Appeals for the < http://lawschool.lexis.com/ con tent/ City. He has been all active member of the District of Columbia Circuit and a trial Survivai/SurvivaIMain.asp?Content= International Bar Association (IBA) in attorney for the National Labor Relations SurvivaIlTestTaking/index&Sidebar= London where he served as chairman Board. Alleyne is teaching Civil Proce­ SurvivaIlTestTaking/Sidebar>. Paul is 0994-1996) of the Section on General dure this fall and will teach Employment teaching Administrative Law this semes­ Practice. Trevisani has participated on oth­ Law in the spring. ter, and will teach Contemporary Legal er committees of the IBA as well. He has Theory in the spring semester and Prop­ taught courses in taxation and interna­ WILLIAM H. LYONS erty next year. tional business transactions at Boston Biography: A professor at the University University School of Law. He will teach of Nebraska College of Law, William H. Transitional Mergers in the spring. Lyons teaches tax, trusts and estates, secured transactions and business plan­ NEW ADJUNCT FACULTY RICHARD WILEY ning. He graduated from Boston College Biography: Richard Wiley is presently of Law School in 1973 and was a practicing DANIEL BORRlLLO counsel to the Boston law firm of Hill & attorney before joining the University of Biography: Daniel Borrillo is a native Barlow. He has practiced in the fields of Nebraska faculty in 1981 . He was also Argentine ofItalian descent with a Ph.D. corporate, business, financing, intellectu­ professor-in-residence at the Internal from Strasbourg University in France. He al property and international business Revenue Service from 1987-1988. He practiced law in Buenos Aires for two law, with emphasis on emerging compa­ has been a consultant to the governor of years and is a professor of Private Law at nies and venture capital financing. He is Nebraska on state property issues since Paris University and an expert at the a senior officer and director of a wide 1989 and has been a member of the European Council. He has written three variety of publicly and privately held Great Plains Tax Institute since 1982. In books on the relationship between scien­ financial, business and non-profit in ~ titu­ August, he completed a two-year term as tific development and the law and has tions, including BankBoston where he chair of the Individual Investments and published articles in specialized reviews. was an Executive Vice President and a Workouts Committee of the American He spent two years researching for the director of both of the bank's venture Bar Association Tax Section. He recently Scientific Spanish Council in Madrid, capital corporations. Wiley is adjunct lec­ revised the chapter on financially trou­ and is currently researching juridical turer in the Department of Government bled partnerships for the Colliers Bank­ implications of sexual orientation. Borril- and Legal Studies at Bowdoin College ruptcy Treatise tax volume. In October, he 10 is teaching Introduction to the French where he teaches a seminar on National presented a faculty colloquium at the Legal System this semester. Security Law and Policy. He has previ­ Law School on substance, form and anti­ ously taught Public International Law abuse rules in taxation, and spoke at a DEVAL PATRICK and Organization, Law of International meeting of the Law School's New York Biography: Deval Patrick is a partner at Trade and Investment and Government Alumni Chapter on changes in the 1997 Day Berry & Howard and recently com­ Regulation of Business (Antitrust) Law at tax legislation. Lyons is teaching Taxation pleted three years as Assistant Attorney Boston University School of Law. Wiley I and Tax Policy this semester and will General of the United States in charge of is the author of Cases and Materials on teach Corporate Taxation and Advanced the Civil Rights Division. Previously, he Law o/International Trade and Investment Individual Income Tax in the spring. was director of the NAACP Legal Defense and numerous law review articles on tax, Fund National Board and was a member antitrust, international business and JEREMY R. PAUL of its Executive Committee. Professor finance, laws of war, government ethics Biography: Jeremy Paul is a professor at Patrick is a cum laude graduate of Harvard and bankruptcy matters. He teaches the University of Connecticut Law College and Harvard Law School where Emerging Enterprises in the spring. _

36 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 seminars on alternative dispute resolution 1940s (ADR) for George Washington University Law School and will serve as arbitrator, mediator and mini-trial neutral in ADR JOHN J. GRAHAM '46 received an hon­ proceedings. orary Doctor of Humane Letters degree from the American College of Greece in recognition of his service to law, the pub­ ANTHONY A. McMANus '63 has been re­ lic interest and international education. elected to a third term as treasurer of the New Hampshire Bar Foundation and has completed a second term as chair of the ALUMNI 1950s New Hampshire Bar Association Com­ mittee on Gender Equality. His law firm is news & notes HON. JAMES A. REDDEN '54 was honored in Dover, New Hampshire. at the dedication of the newly renovated Federal Court House in Medford, Ore­ gon. The building, constructed in 1915, ROBERT W. RITCHIE '65 joined the office was renamed "The James A. Redden of the MassachusettS Attorney General as Court House" pursuant to federal legisla­ assistant attorney general and municipal tion. Judge Redden had a law office in law coordinator. Since 1980, he has been a Medford prior to his appointment to the partner in the Amherst, Massachusetts, federal bench in 1980. office of Ritchie, Seewald, Collins and Jankowski, P.c., and has served as Amherst town counsel since 1982. He will work in the Western MassachusettS Divi­ Let's Get Personal sion in Springfield.

[Sjtarting with our EDGAR J. BELLEFONTAINE '61 has been next issue, the mag­ named one of the most influential lawyers STEPHEN B. GOLDENBERG '67 was award­ azine will gladly publish in MassachusettS over the past 25 years by ed the Brookline, Massachusetts, Rotary alumni news and photos Massachusetts Lawyers Weekly. He has been Club 1997 Public Service Award for his pertaining to life outside librarian of the Social Law Library in years of service to the town. He is a former of work. Tell us about Boston since 1961. He is also Director of three-term selectman, and is now the host your weddings, anniver­ the Supreme Judicial Court Historical of the cable television show Brookline saries, children, class­ Society and has served in appointed posi­ Review and the anchor of Election Watch. mate get-togethers - tions for the American Association of Law in other words, all the Libraries and in other library and bar asso­ things that really count. JOHN R. McFEELEY '68 has been named ciations. Write the magazine at vice president and chief counsel of 885 Centre Street, New­ MONY Capital Management in New ton MA 02159-1163 HON. WILLIAM M. BULGER '61 received York City. He will remain chief counsel in or send e-mail to an honorary Doctor the bond investment area and assume [email protected] of Humane Letters responsibility for MONY law division's degree from Trinity corporate area. College in Hartford, Connecticut. He is president of the Uni­ DANA H. GAEBE '69 received the 1997 versity of Massachu­ Dorothy Lohmann Community Service setts and served as president of the Massa­ Award from the Rhode Island Bar Associ­ ation. He was nominated by the Narra­ chusetts Senate for 17 years. gansett Council of the Boy Scouts of America in Providence. This award honors ROBERT J. ROBERTORY '61 retired as attorneys who contribute time and skills deputy chief judge of the United States to charitable organizations. He is a part­ Department of Transportation Board of ner in the Providence law firm of Gaebe & Contract Appeals. He will be conducting Kezirian.

FALL 1997 / BOSTO N COLLEGE LAW SCHOOL MAGAZ INE 37 an associate justice at the court si nce her chairman and chief executive officer, has 1970s appointment to the bench by Governor entered into an agreement with Taiho Michael S. Dukakis in 1989. Prior to her Pharmaceutical Company, Ltd. of Tokyo , appointment, she was a partner at the Japan, to further the development of Leo V. Boyle '71 has been elected trea­ Boston law firm of Burns & Levinson T ER286, an anticancer agent discovered surer of the Associa­ LLP. She is a member of the Governor's and patented by Terrapin. tion of Trial Advisory Commission on Father Absence Lawyers of Ameri­ and Family Support. ca. He is a partner JEROLD L. ZARo '76 has been reappoint­ in the law firm of ed commissioner of the New Jersey Meehan, Boyle & RICHARD M. WHITING '73 has been Highway Authority by Governor Chris­ Cohen, P.c., In appointed chairman of the Banking Law tine Todd Whitman. He is president and Boston and serves on the Board of Gov­ Committee of the Federal Bar Associa­ managing partner of Ansell Zaro Grimm ernors of the Massachusetts Academy of tion, as well as chairman of the Financial & Aaron in Ocean, New Jersey. Trial Lawyers. He is also a fellow of the Institutions Committee of the Washing­ Roscoe Pound Foundation and is on the ton, D.C., Bar. He has also been elected American Law Institute's Relations and vice chancellor of the Exchequer Club MARy K. RYAN '77 was elected president Study Committee. and is general counsel to The Bankers of the Boston Bar Roundtable, Washington, D.C., and Association. She is a partner in both the JOHN J. GILLIES JR. '71 has joined the adjunct professor at Georgetown Univer­ sity Law Center. environmental and law firm of Dechert Price & Rhoads as litigation depart­ partner. Specializing in real estate ments at the Boston finance, he will work in the firm's Hart­ ALAN D. MANDL '74 has joined the law law firm of Nutter, ford, Connecticut, and New York City firm of Otten berg, Dunkless, Mandl & McClennen & Fish LLP. She currently offices. He is a former board member, Mandl in Boston where he represents serves on the Massachusetts Supreme managing partner and chair of Hebb & clients in telecommunications and energy Judicial Court Pro Bono Committee on Gitlin, a Hartford law firm. matters. He was formerly a partner at Legal Services. Rubin and Rudman LLP in the regulato­ RICHARD D. GLOVSKY '72 received the ry law group and taught Legal Research DAVID W. BIANCHI '79 has been sworn Honorable David A. Rose Civil Rights and Writing at Boston College Law in as chairman of the Trial Lawyers Sec­ Award from the New England Region of School. tion of the Florida Bar. He is a civil trial the Anti-Defamation League. He is a lawyer in Miami with Stewart Tilghman founding member of the Boston law REGINA SNOW MANDL '74 has joined the Fox & Bianchi, P.A., and primarily repre­ firm, Glovsky, Tarlow & Milberg. law firm of Otten berg, Dunkless, Mandl sents plaintiffs in negligence, malpractice & Mandl in Boston. She will represent and product liability cases. KENNETH I. KOLPAN '72 recently spoke clients in the areas of family law, and in at the legal seminar of the Second World probate matters, and estate planning and JAMES J. CLEARY '79 has been named Congress on Brain Injury, in Seville, administration. Previously, she was a general counsel of ,------, Spain. He is an assistant professor at Tufts partner at Mofenson and Nicoletti. She Southern Natural University School of Medicine and co­ is a member of the family law and pro­ Gas Company in chair of the Trial Lawyers Conference of bate sections of the Massachusetts Bar Birmingham, Ala­ the National Brain Injury Association. Association and the Boston Estate Plan­ ning Council. bama. He will also continue as vice RICHARD M. GELB '73 was a contribut­ president of the ing author to the Massachusetts Superior WILLIAM T. BALDWIN '75 was named natutal gas pipeline company. Civil Practice Manual, which was recent­ one of the country's 250 "Best Financial ly published by Massachusetts Continu­ Advisers" by Worth magazine. He is pres­ STEVEN H. SCHAFER '79 has been elected ing Legal Education, Inc. His law firm, ident of Tax and Financial Advisors in president-elect of the Massachusetts Gelb & Gelb LLP is in Boston. Lexington, Massachusetts. Academy of Trial Attorneys. Since 1985 he has had his own practice in Boston HON. ELAINE M. MORIARTY '73 has CLIFFORD ORENT '75 has announced focusing on product liability, profession­ been appointed first justice of the Suffolk that Terrapin Technologies, Inc., in south al malpractice and general tort litigation Probate and Family Court. She had been San Francisco, California, of which he is for plaintiffs.

38 BOSTON COLLEGE LAW SCHOOL M AGAZINE / FALL 1997 JAMES DAITON '85 has been appointed vice Foundation and an advisory committee president and general counsel of Tektronix, member for the Atlanta Legal Aid Society. Inc. in Wilsonville, Oregon. Previously, he served as director of corporate development THOMAS A. BARNICO '80 published the MARIE P. ST. FLEUR '87 was elected pres­ and vice president of Tektronix Develop­ article "Brandeis, Choate, and the Boston ident of the Massachusetts Black Lawyers ment Company. He is also a member of the & Maine Merger Battle" in Massachusetts Association. She is chief of the unem­ board of directors of RadiSys Corporation Legal History - A Journal ofthe Supreme ployment fraud division of the Office of and a trustee of the Tektronix Foundation. Judicial Court Historical Society. He con­ the Attorney General in Massachusetts. tinues to supervise students in the Law School's Attorney General program, TIMOTHY CLARK '86 was named general CARLos J. DEUPI '88 is of counsel to the which he has done for nine of the pro­ counsel of Colonial Gas Company in law firm of Aker­ gram's 23 years. Lowell, Massachusetts. Prior to joining man, Senterfitt & Colonial in 1991, he was an associate at Eidson, P.A., in Mia­ Hutchins & Wheeler (now Hutchins, JONNY J . FRANK '80 has joined the New mi, Florida. He prac­ Wheeler & Dittmar) in Boston. York City office of Price Waterhouse LLP tices in the areas of as national partner-in-charge of the corporate law, merg­ firm's Investigative Services Group. He is SCOTT FIFER '87 has been retained to ers and acquisitions, also an adjunct professor at Brooklyn write a script for a Columbia Pictures and international transactions. Previously Law School and Fordham University movie. He has also sold a feature script he was with the law firms of Wilkes, Artis, Law School, teaching courses in complex to Lifetime Television. He was a writer Hendrick & Lane in Washingron, D.C, criminal investigation and international for the 1997 Primetime Emmy Awards. and Kelley Drye & Warren in New York criminal law. City and Los Angeles, California.

KEVIN M . M EUSE '87 has been named a JOHN A. TARANTINO '81 was elected partner at the law firm of Warner & MARGARET R MAHONEY '88 was named president of the Rhode Island Bar Associ­ Stackpole LLP in Boston, concentrating partner in the Phoenix, Arizona, office ofBri­ ation. He is a member of the Providence on trusts and estates law. an Cave LLP and is a member of the com­ law firm of Adler Pollock & Sheehan mercial litigation cLent service group. Her Inc., focusing on litigation, and he serves practice focuses on general business and com­ as chairperson of the firm's executive THEODORE NACCARELLA '87 has become mercial matters in federal and state COlin. committee. He is a fellow of the Rhode an associate at the law firm of Island Bar Foundation and a member of Synnesrvedt & Lechner in Philadelphia, the board of directors of the Federal Hill Pennsylvania. He specializes in electrical, JOSEPH F. RIGA '89 has joined the House Association and the New England electro-mechanical and computer science Philadelphia, Pennsylvania, law firm of Bar Association. patent solicitation and in intellectual Hangley Aronchick Segal & Pudlin in the property litigation. He was formerly a bankruptcy and reorganization group. He partner at Wolf, Greenfield & Sacks, received an LL.M. with a concentration in HON. SALLY F. PADDEN '82 has been P.C, in Boston and of counsel at Lim­ commercial law from New York Universi­ appointed to a five-year term as the first bach & Limbach LLP in San Francisco. ty School of Law in May. He is an adjunct justice of the Essex Division of the Juve­ member of the Pennsylvania Bar Associa­ nile Court Department in Massachusetts. tion's Fraudulent Conveyance Task Force Judge Padden has been an associate jus­ RITA A. SHEFFEY '87 has been named and a member of the Eastern District of tice of the Essex County Division of the counsel on the litiga­ Pennsylvania Bankruptcy Conference. Juvenile Court since her appointment to tion-antitrust and the bench by Governor William F. Weld alternative dispute in 1995. Prior to her judicial appoint­ resolution team for 1990s ment, she served as an assistant district the Atlanta, Georgia, office of Hunton & attorney in Essex County. JOHN D. CHRISTMAS '90 is now deputy Williams. Her prac­ city solicitor for Philadelphia, Pennsylvania. tice will focus on environmental litigation. He was previously assistant city solicitor. JOSEPH G. WALSH '83 has been elected She also directs Hunton & Williams' president of the Greater Danbury (Con­ Southside Legal Center, part of the firm's necticut) Bar Association. He is a partner community service outreach. She is the JULIE A. HARDy '90 has become an asso­ with the Fairfield County law firm of treasurer and a member of the board of ciate of the law firm of Roche, Carens & Cohen & Wolf, P.C directors of the Atlanta Volunteer Lawyers DeGiacomo, P.C, in Boston.

FALL 1997 / BOSTON COLLEGE LAW SC HOOL MAGAZI NE 39 STEPHANIE A. JIRARD '90 has joined the ALLISON S. ZALEs '93 joined the health law criminal division of the United States department of the Philadelphia, Pennsylva­ Changing Colors Attorney's office in Boston. She was nia, office of Saul, Ewing, Remick & Saul. formerly with the civil division of the United States Justice Department in Washington, D.C STEPHEN ZAMANSKY '94 has become an associate in the Hartford, Connecticut, office of Day, Berry & Howard, practic­ STACI J. PRATT '91 has joined the Kansas ing in the business law department. He Chairman of the Massachusetts Commis­ City, Missouri, previously was with Sullivan & sion Against Discrimination (MCAD) since office of Shook, Cromwell in New York City. January, 46-year-old Charles E Walker Jr. 78 Hardy & Bacon says his aim is to eliminate his own job by LLP as of counsel. eradicating bias. Previously, she was LAURA K. HOLT '96 joined Hinckley, Allen & Snyder's policy director for What turned you in this direction, litigation practice the Texas Institute professionally? group in the Boston for Applied Envitonmental Research My father was a Tuskegee Airman in office, concentrat­ with Tarlton State University/Texas the all-black Air Force. We always had ing in construction A&M. She earned an LL.M. in interna­ a conscientious awareness of the impact litigation. Prior to tional environmental law in 1993 from of segregation and how ludicrous it is. An joining the firm , King's College, University of London. all-black Air Force - it was stupid, a joke, she was adjunct counsel to the to me. He retired from the Air Force as a Massachusetts Port Authority. colonel. I had an afro in high school - AwsoN S. CARrwruGHT '92 and TONOMEY back when I had hair - and I had to get A. CoLEMAN '92 announced the formation it cut to attend the ceremony, but the of Cartwright & Coleman, a Boston law KERRY E. MCCORMACK '96 has joined sacrifice was worth it. He was the first firm specializing in civil litigation, criminal the Boston law firm of Warner & Stack­ black Air Force base commander in Cali­ defense, real estate and probate law. pole LLP as an associate in the litigation department. She will focus on corporate fornia. They had jets flying overhead, a big litigation, products liability and environ­ military band, all these troops saluting JOHN N. AFFusO '93 joined the Real Estate mental defense. Dad. Management and Sales Division of the I suspect many people don't know City of Boston's Public Facilities Depart­ STEWART S. RiCHMOND JR. '96 passed what constitutes illegal bias. ment. He served as Mayor Thomas M . the New Hampshire bar exam and is There are people that sit on their Menino's liaison ro the Gay and Lesbian practicing in the litigation department of rights and don't complain when they Community and has been elected to the the Manchester, New Hampshire, law should. Some don't want to complain Board of Directors of the National Lesbian firm of McLane, Graf, Raulerson & because, let's face it, it's hard to take on and Gay Law Association and the Massa­ Middleton, P.A. chusetts Lesbian and Gay Bar Association. your employer. I can think of times I was subjected to something that could have JAMES YUNHAO Wu '96 is an associate in the been a cause of action filed with the ELIZABETH A. STUNDTNER '93 joined labor, employment and OSHA practice of MCAD if I was in Massachusetts at the the law firm ofSapersron & Day, P.C, in McDermott, Will & Emety. He will prac­ time - and not taking it on, because, Rochester, New York, as an associate tice in the Chicago, Illinois, office of the firm what the hell, I'll move on. attorney in the litigation department. in the area oflabor and employment law. Give me an example. I used to pick lemons in California. I In Memoriam was the only black; there were a lot of Hispanic migrant workers.The supervisor HON . HENRY M . LEEN '32 HERBERT W ARNOLD '49 JAMES M. OATES '55 did not like blacks. I picked my quota. I JAMES M. LANGAN '34 THEOPHILE J. BERNHARDT '49 HARLAN J. CHOATE '56 was 18. He never called me anything, but MELVlN E. DOLAN '37 JOSEPH D . ACCARDI '50 EARL F. GAGE '58 I was told he said, "I just don't want any niggers working for me," and he fired me EOWARD M . JOYCE '37 JAMES F. FLYNN '50 JAMES F. WALDRON '58 one day. My personality is that I would SAMUEL G. SHAW '39 ROBERT F. McNEIL '51 JOHN A. LAHIVE '59 take it on the chin. I get offended, but not fu'\lTHONY P. LOMBARDI '41 THOMAS M . LEAHY '52 EDWARD P. RYAN '60 to the extent that I want to have some­ CORNELIUS]' SULLIVAN '45 FRANCIS T. O'MALLEY '54 JOSEPH P. DUNN '61 one else handle it for me. Why bring that attention to myself? JA..'vlES M . GRAHAM '47 EDWARDJ . REGAN'54 D EN ISE M. O'BRIEN '78

40 BOSTON COLLEGE LAW SCHOOL l\.1AGAZINE / FALL 1997 Absolutely. When I got here in '75 to go to law school, you could cut the atmosphere with a knife, it was so charged, just walking up Commonwealth Avenue. But now I can walk there comfortably and not feel that hostility. The whole dynamic and the demo­ graphics have changed. I feel optimistic.

Is being immersed in people's anger and hurt depressing? I used to call the MCAD the house of pain, because that's all you do: come in here and just see people's pain. That helped inspire me to light up the halls and put Martin Luther King's pictures around, and pictures of his marches: There was pain out there, and he was doing some­ thing about it. But it does get depressing.

The MCAD punishes violators, but does it do anything to change basic attitudes? My decisions are not limited to mone­ tary damages - I'm now putting in pre­ ventative measures, with a monitoring component. This involves training man­ agers and workers and requiring compa­ nies to report to the MCAD on a regular basis to prevent discrimination from hap­ pening again. I'm also looking at the con­ cept of truth commissions - in which people are granted amnesty for wrongs if they openly confess them to the victims - as models of a way to achieve true reconciliation.

Can affirmative action survive the assault on it? I hope so. It's a remedy for discrimina­ Charles E. Walker Jr. takes leadership role against discrimination. tion, not the panacea. It's not right to attack a remedy; we need to attack the Well, should people subjected to Does being light-skinned have some­ problem that created this remedy. I want harassment act like you? thing to do with it? this to be known: I'm a direct beneficiary Absolutely not. It's a pride thing with It's true, but those ambiguities create of affirmative action. Even though I had me, but I think you can also be proud, bring­ problems. My wife and I laugh about the great grades and an okay law-board score, ing these types of complaints. Your dignity, time when I was at Park Street Station it took someone to recognize that they when it's soiled, has to be redressed. You during the height of the Iranian hostage needed more blacks in Boston College can't redress it on your own. That's why crisis, and I was wearing a Greek fisher­ Law School to snap me up. you have a 51-year-old agency with a man's cap and peacoat.1 got it, man: People tremendous legacy of dealing with these were cussing at me, yelling across the Is it true you were once a stand-up claims on a daily basis. [The MCAD tracks, saying all these epithets and telling comedian? received 5, I00 complaints last year. Sexual me to go back to Iran. I did some stand-up comedy in California harassment complaints are the most com­ before I went to law schooL I was not funny. mon, followed by disability bias and race Parts of Boston have been inhospitable That will kill a comedy career. _ discrimination.] Generally, I've been very to people of color. Is this changing? fortunate in my work experience, and, even There are certain areas that you just as a black person walking down the street, don't go into, purely because of race. Do I - Interview by John Koch reprinted not having been physically accosted. think there has been a change for the good? courtesy of The Boston Globe

FA LL 19 9 7 / BOSTO N COLLEGE LAW SCHOOL M AGAZINE 41 Alumni Council Strives for Greater Involvement Nationwide

I A llumni Council President Ann Pauly '85, following up on an earlier initia­ tive, continued to emphasize the impor­ tance of a national focus during the annual Alumni Council and National Delegates meeting held at the Law School in September. Among the goals for the coming year, she said, were encouraging chapter repre­ sentatives to become more involved in Professor Robert Bloom 7 I confers with Eleanor Reaching across the decodes, alumnae Jill Pechacek council activities and strengthening com­ Dahar '87 and Mary Connolly 70 during the Alumni '93 (Iefl) and Mary Costello 79 work on ways to mittees countrywide. Members discussed Council reception. bring the graduate community closer the possibility of including presentations by alumni and faculty members at Alum­ some council meetings may be held in ni Council meetings. Future meetings other cities in an effort to promote alum­ will see increased use of teleconferencing ni participation in active discussions and perhaps video conferencing, and about programming. _

Boston College Law School Alumni Association 1997-1999 Alumni Council Members

President Professor Robert M. Bloom '71 Ann F. Pauly '85 J. Elizabeth Cremens '74 Hon. Elizabeth Butler '75 Vice President, National Delegates Daniel C. Crane '75 James F. Kavanaugh Jr. '77 Hon. Patricia E. Bernstein '76 Alumni Council member Margaret Travers '69 and ScottJ. Tucker '78 Donald Holland '44, on honorary life member, shore ideas at the group's gathering thiS fall. Vice President, Communications Mary F. Costello '79 Richard P. Campbell '74 Julianne Balliro '81 Paul J. Ayoub '82 Vice President, Alumni Programs Hon. Leslie E. Harris '84 Calling All Writers Robert T. Tobin '64 Walter J. Sullivan '88 Thomas M. Looney '89 IH Iave you written articles and/or books? The Law School Office of Treasurer Jill M. Pechacek '93 Joanne C. Locke '87 Alumni Relations and Development National Delegates has formed a new library for publica­ Secretary Eleanor Wm. Dahar '87, tions by alumnae and alumni. We Stewart F. Grossman '73 Manchester, New Hampshire would love to have copies of your work. Send to Deborah Blackmore Abrams, William P. Robinson III '75, Five Year Section East Greenwich, Rhode Island Director of Institutional Advancement, Boston College Law School, 885 Centre Christine M. Griffin '93 S. Jane Rose '77, New York City Street, Newton, MA 02159-2179. _ James M. Cantwell '94 Richard T. Colman '62, Chevy Chase, Maryland General Section Edith N . Dinneen '73, Tampa, Florida Plan-Ahead Reunion Alert J. Owen Todd '60 Scott E. Gross '87, Golf, Illinois David A. Mills '67 Brian A. Cardoza '87, eunions will be held in October 1998 Michael E. Mone '67 Inl Woodland Hills, California ~ for the Law School classes of 1948, Paul K. Connolly Jr '69 1953, 1958, 1963, 1968, 1973, 1978, Margaret S. Travers '69 Honorary Life Member 1983, 1988 and 1993. Watch for details Mary M. Connolly '70 Daniel G. Holland' 44 or call Terri J. Arnell, Director of Special Events, at 617-552-8666. See you there.

42 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 Vision Quest (continued from page 2 0) give him advice all the time, particularly The legacy lives on in the Lewis S. Gurwitz with regard to how to get things done in Washington. But I have to say that he Award, which honors graduating Law School was already pretty adroit with that kind students who show "selfless commitment to of thing. He would go anywhere to talk to anybody whom he thought might be the defense ofthose who lack the resources able to help Leonard Peltier." As Gurwitz's sincerity and commit­ to defend themselves. " ment became known to Native Ameri­ cans, they began to seek his help on a L variety of issues. He worked to retain the rights of about 400 Navajo families to "There were white supremacist groups tion in Alberta marking the end of a con­ 900,000 acres of land in Big Mountain, who were ttying to interfere with the ference dedicated to furthering the Lubi­ Arizona. He helped retain Wampanoag exercise of spearfishing rights," says Kelly. con Cree Indians' cause, he died of a shellfishing rights in Massachusetts. He "They would throw rocks, shoot at people, heart attack. contributed to a successful effort by the beat people up, tip over boats and try to Lew Gurwitz's work has not ceased Nez Perce Indians to retain fishing rights grab fish from people when they were com­ with his death. Bruce Gurwitz, who fre­ in Idaho. In time, there were few states in ing from the lake. We started a successful quently traveled and worked with his which Gurwitz's impact on behalf of the effort to enjoin their violent activities." brother, has tried to carry on the legacy Indians' struggle had not been felt. During a nighttime spearfishing trip through the Council for Native Ameri­ "There was this rumor that this attor­ with the Lac du Flambeau Indians, Kelly can Solidarity, a group he and Lew ney would represent Indian organiza­ and Gurwitz were passengers in a boat founded in Boston to help coordinate the tions," recalls Tom Maulson, a Lac du that was fired upon from a passing speed­ efforts of Indian activists and advocates. Flambeau Indian, who traced the rumor to boat. The spearfishing, Kelly explains, is That legacy also lives on in the Lewis S. Gurwitz's phone number in Boston, where done on lakes in wooded areas and in Gurwitz Award, established in 1995 by Gurwitz always maintained his headquar­ spots fairly close to shore because that is classmate Ed Leahy, which honors gradu­ ters. Within three days of Maulson's call where the spawning fish can be found. ating Law School students who show for help, Gurwitz was on his doorstep. The routine makes fisherman easy tar­ "selfless commitment to the defense of It was the late 1980s and the Lac du gets. "Someone comes along in a power those who lack the resources to defend Flambeau in Wisconsin were under pres­ boat and starts shooting. You know, after themselves." The most recent award went sure to sign over their rights to spearfish­ the sound of the gunshot, you can hear to Robert Kim '97. ing, rice harvesting and other traditional the bullets whistle by. How do you react? "He was very convincing but he was subsistence activities they had engaged in I was scared and mad as hell," he recalls. not aggressive," says Adam Gurwitz of his for as long as anyone knew. Also at stake Despite terrorist tactics and the finan­ father. "He was self-assured and persuasive were mining rights on thousands of acres cial pressure on the Lac du Flambeau because he believed in what he was doing. in Northern Wisconsin. The leadership Indians, Gurwitz was successful in help­ At heart, I think he was a fighter, a cham­ of the Lac du Flambeau Indians, one of ing to persuade tribe members to vote pion and someone who enjoyed defend­ five Chippewa tribes in the area, had against signing away their treaty rights. ing the weaker, hopeless side." been all but persuaded to sell the tribal The victory resonated with Indians Once upon a time, of course, Native rights for $50 million. nationwide. Americans held sway over the land in Maulson was part of a dissenting "He encouraged all the tribes across North America. Chief Joseph, the leader minority who felt the traditional way of the country to keep on fighting for their of the Nez Perce in the late 1800s, saw his life was more important than a govern­ treaty rights," says Maulson. "I guess that territory dwindle from most of Idaho and ment check. He called on Gurwitz for I can only say that he was one of the eastern Washington to a few small reserva­ help. One of Gurwitz's first efforts was to champions of people of need, and he's tions. Bullied, betrayed and stripped of his enlist the American Civil Liberties missed by our organization." dignity, Chief Joseph said toward the end Union. He also found local lawyers to In 1992, Gurwitz became involved of his life that he would "fight no more help, among them Walter F. Kelly '68, a with Lubicon Cree Indians who had been forever." A century later, a dogged, deter­ Boston native who had moved to Wis­ living as hunter-gatherers in Northern mined New England lawyer took up that consin to start a practice in labor and Alberta until oil was discovered on their fight. He gave new hope where he could . • employment law. Kelly heard Gurwitz land in the late 1980s. When the Cana­ speak at a conference about the Lac du dian government began handing out oil Flambeau case, and he was hooked. leases in the region, Gurwitz was sum­ John F Lauerman is a freelance writer But it was a dangerous time to get moned to protect the Indians' rights. He living in Brookline, Massachusetts. His last involved. People in the rights battle were worked on the case until August 28, article for the Law School magazine was on getting hurt. 1994, when, while dancing at a celebra- entertainment law.

FALL 1997 / BOSTON COLLEGE LAW SCHOOL NlAGAZINE 43 Boston College Law In the following pages we R. Robert Popeo '61 School Giving Report list, and gratefully acknowl­ Jon Schneider '68 1996-1997 edge, those who have helped Law School Special Gifts the Law School to achieve a Committee From June I, 1996, through level of funding that represents Laurie Burt '76, Co-chair May 31,1997, alumni and the second-best year of record. John James Madden '62, Co-chair friends demonstrated their sup­ We extend special appreciation port for the faculty, students and to the Leadership Gifts, Spe­ Bruce R. Balter '62 programs of Boston College cial Gifts and Library Com­ Richard P. Campbell '74 Law School by contributing mittee members. Without John J.C Herlihy '49 $1,391,542 in gifts and pledges. their dedication and commit­ Edward R. Leahy '71 Unrestricted funds donated ment of time, this success Owen B. Lynch '59 in fiscal year 1997 totaled would not have been attained. William A. McCormack '67 $636,719 with an additional Paul]. McNamara '65 $754,823 supporting capital Law School Volunteers Arthur O. Stern '74 needs such as buildings, 1996-1997 John F. Zamparelli '50 endowment and scholarships. Law School Building Law School Leadership Alumni and friends continued Campaign Executive Gifts Committee to support the $5 million Committee James F Kavanaugh Jr. '77, Library Campaign - Phase I John j. Curtin, Jr. '57, Chair Chair of the rebuilding of the entire Law School campus. As of June Leo V Boyle '71 Martin L. Aronson '58 1, more than half of the goal Laurie Burt '76 Kevin B. Callanan '67 had been raised, wi th contin­ Richard P. Campbell '74 John P. Connor '68 ued funding remaining a high John D. DonovanJr. '81 Daniel C Crane '75 priority for the coming year. Frederick N. Halstrom '70 Carroll E. Dubuc '62 We would like to extend Harold Hestnes '61 Joan A. Lukey '74 our appreciation to all of the Paul M. Kane '70 Thomas F. Maffei '71 alumnae and alumni who noti­ Edward R. Leahy '71 Robert E. McCarthy '67 fied the Law School that they Jerome M. Leonard '51 David E. Mills '67 have included us in their estate Joan A. Lukey '74 Richard D . Packenham '78 provisions. To date, more than Thomas F. Maffei '71 Michael J. Puzo '77 40 individuals have made us Paul]. McNamara '65 Eugene J. Ratto '51 aware that they would like to Michael E. Mone '67 Rachel Rivlin '77 provide support to our faculty David B. Perini '62 Margaret A. Sofio '74 and students in this manner. Neal C Tully '73

The Dean's Council Owen B. Lynch '59 John F. Boc '74 The Dean's Council recognizes Hon. Sheila E. McGovern '60 Richard P. Campbell '74 the generosity ofthe many alumni Harold Hestnes '61 Charles Hansen '74 and friends ofBoston CoLLege Anne P. Jones '61 Arthur O. Stern '74 Law School who make annual R. Robert Popeo '61 John McHale Jr. '75 leadership commitments. Bruce R. Balter '62 John T. Montgomery '75 Founders Club of the Richard T. Colman '62 Laurie Burt '76 Dean's Council Carroll E. Dubuc '62 Peter F. Zupcofska '76 John James Madden '62 Thomas Henry Hannigan Jr. '79 The Founders Club ofthe Dean's Paul J. McNamara '65 Peter A. DelVecchio '81 Council recognizes annual gifts of$5, 000 or more. Kevin B. Callanan '67 Barbara M. Senecal '82 William A. McCormack '67 William E. Simon Jr. '82 TeddJ. Syak '35 Michael E. Mone '67 Mary Ann Rathmann '86 Emil Slizewski '43 James A. Champy '68 Richard G. Rathmann '86 X. Francis Barrett '50 Jon D. Schneider '68 Coopers & Lybrand LLP John F. Zamparelli '50 Hon. Thomas E. Connolly '69 Cosgrove Eisenberg, P.C Edward T. Bigham Jr. '53 Leo V. Boyle '71 Yen-Tsai Feng Julian J. D'Agostine '53 Edward R. Leahy '71 Harcourt Brace Darald R. Libby '55 Robert K. Decelles '72 Daniel R. Coquillette John]. Curtin Jr. '57 Douglass N. Ellis Jr. '72 Massachusetts Bar Foundation Robert A. Trevisani '58 Alan 1. Saltman '73 IOLTA Charles J. Gulino '59

44 BOSTON COLLEGE LAW SCHOOL MAGA ZINE / FALL ]997 Motorola Incorporated James E. Dowd '49 David A. Donohue '71 Chrisropher P. Kauders '81 National Distillers Distribution Ralph R. Bagley '50 Robert D. Epstein '71 Catherine F. Shortsleeve '81 Foundation Jerome M. Leonard '51 William H. Ise '71 Adelbert L. Spitzer III '81 Nehemias Gorin Foundation Eugene J. Ratto '51 Thomas F. Maffei '71 Diane Young-Spitzer '81 Mr. & Mrs. Thomas William Francis X. Bellotti '52 William T. Sherry J r. '71 Jonathan M. Albano '82 O 'Brien Robert W Blakeney '52 Marcia McCabe Wilbur '71 Camille Kamee Fong '82 Rathmann Family Foundation Lawrence G. Norris '53 William F. Demarest '72 Ann Danseyar Gelfon '82 Victoria E. Syak John P. White '54 Evvajean Malter Mintz '72 Andrew Clark Griesinger '82 Sustaining Members of the Francis D. Privitera '56 Lawrence O. Spaulding '72 Marjory D. Robertson '82 Dean's Council Anna M. DiGenio '57 Walter A. Costello Jr. '73 Arthur Bernard '83 Margaret C. Mahoney '57 Edith N . Dinneen '73 David Schoen '84 The Sustaining Members ofthe John R. Malloy '57 Richard M. Gelb '73 Julie Johnsrone Bernard '85 Dean's Council recognizes annual A. gifts of$2,500 - $4,999. James J. Mawn '57 Stewart F. Grossman '73 Scott Faust '85 Hon. Thomas P. Salmon '57 John K. Markey '73 Hon. Susan Maze-Rothstein '85 Sidney R. Neustadt '40 Michael F. Walsh '57 Dennis M. Meyers '73 David A. McKay '85 Hon. James P. Lynch Jr. '49 Walter W Curcio '58 Hon. Barbara J. Rouse '73 Tracy A. Miner '85 William J. Dooley '52 Raymond]. Kenney, Jr. '58 Lawrence R. Sidman '73 Christopher & Christine Joseph F. O 'Neil '53 Lucille K. Kozlowski '58 Diane Durgin '74 Harvey'86 Stephen A. Fanning '55 Walter D. Wekstein '58 Ruth-Arlene W. Howe '74 Ann L. Milner '86 Albert R. Annunziata '56 John F. Keenan '60 Hon. Diane M. Kottmyer '74 Hon. Warren E. Tolman '86 Martin L. Aronson '58 J. Owen Todd '60 Richard J. Lettieri '74 Gail Peters Kingsley '88 George G. Burke '59 Raymond 1. Bruttomesso '61 Hon. Jeremy A. Stahlin '74 Anne Rickard Jackowitz '89 David R. Melincoff '61 Peter Van '61 Daniel C. Crane '75 Richard Mirabito '89 James F. McAleer '68 Alan B. Miller '62 Ruth S. Hochberger '75 Deborah Bigham '91 Joseph P. Foley '63 Ernest T. Smith '62 Joseph C. Maher Jr. '75 Allan M. Green '91 Paul K. Connolly Jr. '69 Alfred E. Sutherland '63 Daniel F. Murphy '75 Debra Ann Allen '92 Jeffrey M. Siger '69 Robert J. Donahue '64 C. Stephen Parker Jr. '75 Martin F. Kane '92 Neal C. Tully '73 Nelson G. Ross '64 Kathleen King Parker '75 Megan Carroll Shea '92 J. David Leslie '74 Joseph H. Spain '64 Kenneth S. Prince '75 Timothy J. Shea II '92 Kevin]. Moynihan '74 Robert T. Tobin '64 Donna M. Sherry '75 Margaret Ellen Kane '93 Robert P. Joy '75 Robert J. Muldoon Jr. '65 Lester D. Ezrati '76 Scott Carter Ford '95 Philip E. Murray Jr. '75 Norman P. Soloway '65 Katherine J. Litman '76 George H. Harris '95 Sander RikIeen '76 Thomas H. Trimarco '65 Paul D. Moore '76 Deborah Blackmore Abrams James F. Kavanaugh Jr. '77 Paul W Finnegan '66 Deborah A. Posin '76 and Jon E. Abrams Harry Leo Manion III '78 George B. Leahey '66 Hon. Marianne D . Short '76 Laura M. Barnabei Lauren Stiller RikIeen '79 Dennis J. Roberts '66 John A. Detore '77 J. Albert Burgoyne Steven A. Wilcox '80 Wilson D. Rogers Jr. '66 Dennis R. La Fiura '77 Drs. Jose L. and Stella John D. Donovan '81 Carl J. Cangelosi '67 Michael J. Puzo '77 Evangelista Clover M. Drinkwater '81 Alan S. Goldberg '67 Rachel Rivlin '77 Ford E. & Harriet R. Curtis Mark V Nuccio '83 Alan L. LeBovidge '67 S. Jane Rose '77 Foundation K. Michael Fee '84 Robert E. McCarthy '67 Mary K. Ryan '77 Hale and Dorr Brian]. Knez '84 David A. Mills '67 Jeffrey S. Sabin '77 Ingrid M. and Michael G. Brody Hardoon Perkins & John P. Connor Jr. '68 Anthony M. DeViro III '78 Hillinger Kesten Harold C. Dulong '68 Patrick Thomas Jones '78 Hoechst Celanese Corporation Friends of Lisa Blank James J. Marcellino '68 Cameron F. Kerry '78 Todd Jackowitz General Electric Company Thomas V Bennett '69 Robert Tirrell Naumes '78 Kenneth T. Mancini William E. Simon Sr. James P. Connolly '69 Richard Daniel Packenham '78 Metropolitan Life Insurance White and Case Robert V Costello '69 Scott Jay Tucker '78 Company Members of the Dean's Michael R. Deland '69 James J. Yukevich '78 Mrs. Dorothy Ostrow Council Leo B. Lind Jr. '69 Jeffrey 1. Bleiweis '79 Philip Morris Companies The Members ofthe Dean's Alan G. Macdonald '69 Mary F. Costello '79 Rothstein Foundation Council recognizes annual gifts Thomas R. Murtagh '69 Ann-Ellen Marcus Hornidge '80 Aviam Soifer and Marlene Booth of$1,000 - $2,499. Margaret S. Travers '69 Ronald LeGrand '72 Hon. Jeremiah J. Sullivan A. William F. Joy'43 Richard R. Zaragoza '69 Carol Marine '80 Texaco Incorporated Daniel G. Holland '44 Stephen R. Delinsky '70 Francine T. Sherman '80 Ignacio Valdes, M .D. Lawrence]. Fitzgerald '47 Joseph E. O'Leary '70 David W. Ellis '81 West Professional Training F. EdwardJ. Niland '47 Allan R. Campbell '71 William Grieco '81 White, Inker, Aronson, P.c. Richard J. Ferriter '48 Ellen R. Delany '71 Edward T. Hinchey '81 Neil I. Wolfson

FALL 1997 / BOSTO N COLLEGE LAW SC H O O L MAGAZI N E 45 Class Gift Report 1946 Hon. Alfred L. Podolski Edward T. Bigham J r. 1996-1997 William F. Finucane George]. Remmert Hon. Robert C. Campion George T. Smith Jr. Julian]. D'Agostine 1932 1947 John F. Zamparelli Edward M. Donelan Margaret Egan King James E. McCabe John]. Brady 1951 Thomas M. Finucane Edward R. Lembo 1934 Lawrence]. Fitzgerald John]. Brodbine Margaret E. Lillie Edward 1. Bailen Edmund J. Kenny Hon. Thomas J. Carroll John F. McCarry Jr. Hon. John W Mclnryre Edward J. Niland William A. Curran Hon. Paul F. X. Moriarry George C. O'Brien John F. Dolan James F. Morrissey 1935 Arthur M. Reilly J. Joseph Elliott Hon. John L. Murphy Jr. Tedd]. Syak Walter F. Sullivan Edward W. Foster Lawrence G. Norris Hon. Anthony A. Giannini Hon. Francis P. O'Connor 1937 1948 Edward D. Guinan Joseph F. O'Neil Victor H. Galvani Philip H. R. Cahill Frank T. Healey Frank A. Rodrigues John M. Lanning Charles W. Capraro Bernard F. Hurley David W Walsh Thomas F. Kiley Louis]. Ferrari 1954 1938 Richard]. Ferriter Jerome M. Leonard Robert S. Fuchs John J. McCarthy Eugene Lyne Robert T. Abrams James P. Murray William Massarella John M. Casey 1939 Henry F. O'Connell James T. O'Donnell John E. Curley Jack 1. Alter John B. Rebholz John W. Purcell Hon. John E. Fenton Jr. Jacob Geisinger Hon. Vincent A. Ragosta Everett B. Horn Jr. James V Gibbons 1949 Walter D . Raleigh Jonas J. Meyer III Hon. Edmund V Keville Herbert W. Arnold Eugene]. Ratto William B. Meyer Sidney R. Neustadt Robert C. Currivan John H. Schaaf John H. O'Brien Dermot P. Shea James E. Dowd Stanley C. Urban Robert G. Romano J. Paul Finnegan Robert]. Weber Clifford J. Ross 1940 William Gabovitch John]. Wholey John F. Ryan Eugene G. Seems Charles J. Doherry Leo J. Hession 1952 Patrick]. Kelly Joseph F. Howard John F. Testa Sidney R. Neustadt Thomas]. Kelly Everett T. Allen J r. John J. Walsh Daniel J. Kenney Frank J. Amabile John P. White 1941 Hon. James P. Lynch Jr. Francis X. Bellotti Rose Zaccone Robert W Blakeney Stanley J. Bednarczyk Robert D. O'Leary 1955 Robert T. Capeless Francis A. O'Malley Hon. Francis]. Boyle Edward F. Connor Francis P. Ryan John E. Connors Elizabeth A. Chute Hon. Clarke A. Gravel John R. Serafini Hon. Thomas H . Corrigan Stephen A. Fanning Paul D. Sheehey Hon. Shane Devine Darald R. Libby 1942 Charles A. Tobin Jerry A. DiNardo William L. McNeil Felix]' Cerra to Joseph P. Donahue John A. O'Cailaghan Hon. Thomas E. Dwyer 1950 William]. Dooley Louis A. Petrarca J r. John D. Lyo ns Charles J. Alexander Dr. James C. Farrington James L. Taft Jr. Ralph R. Bagley Leonard Fisher Alfred C. Toegemann 1943 Clayton N. Fuller Francis X. Barrett 1956 Francis X. Ahearn Harold F. Bertolucci William C. Galligan Thomas]. Hogan Mary Murphy Brennan Norman L. Grant Albert R. Annunziata William F. Joy Hon. William F. Brewin John B. Hogan Wilfred J. Baranick Henry ]. McCusker James]. Coffey John J. McHugh Leslie R. Brimmer Sylvester M. O'Gorman Hon. Joseph F. Deegan Jr. George F. Mcinerny Leonard F. Burr Emil Slizewski Marshall M. Dranetz Hon. Paul P. Pederzani J r. Mary E. Calnan F. Richard Drennan John P. Schlosstein John H. Doermann 1944 William H. Hogan Jr. Hon. Edward J. Shea Robert J. Donoghue Daniel G. Holland Ralph S. Inouye Hon. Roger F. Sullivan John T. Farrell Edward M . Lee David]. Fenton 1945 1953 Joseph P. Murray Thomas]. Joy William P. Rockwell Hon. Mary Beatry Muse Donald W. Barr John W Kane

46 BOSTON COLLEGE LAW SCHOOL MAGAZ INE / FALL 1997 Vincent Marzilli Irving L. Greenbaum Anthony A. Tafuri Joseph H. Porter Hon. Gerald F. O'Neill Charles J. Gulino Peter Van Alvan W Ramler, M.D. Francis D. Privitera Hon. Nancy A. Holman Hon. Joseph P. Warner C. Ronald Rubley Cornelius J. Scanlon Robert S. Lappin Charles C. Winchester John M. Russell Owen B. Lynch Alfred E. Sutherland 1957 Paul D. Maggioni 1962 John R. Walkey Hon. COntad J. B1etzer Sr. Robert J. Maietta Bruce R. Balter John M. Callan Hon. Kyran P. Molloy Pierre O. Caron 1964 Hon. Clifford J. Cawley Michael Nacey Hon. Robert W Clifford Charles B. Abborr John J. Curtin Jr. Melvin Norris Richard T. Colman Michael F. Bergan Anna M. DiGenio Philip T. Riley Carroll E. Dubuc Robert J. Donahue Leo A. Egan James C. Vogt Marvin R. Finn Joseph A. Dornig Maxwell Heiman Edward B. Ginn Gerald B. Gallagher William E. Hickey 1960 Jay S. Hamelburg Patricia K. Hagedorn Richard P. Kelleher Joseph Broude Kent S. Hathaway Hon. Thomas P. Kennedy Margaret C. Mahoney Richard W Coleman Jack Kasten Kenneth R. Nickerson Marie Clogher Malaro Hon. Dominic F. Cresto Richard 1. Landy George M. O'Connor John R. Malloy Richard E. Daly John James Madden Nelson G. Ross James J. Mawn Peter A. Donovan Alan B. Miller Herbert J. Schneider John J. McCarthy Marcel Charles Durot Laurence A. Mills Hon. Miriam Marrinen Barry R. McDonough Robert A. Gorfinkle Eugene M. Nawrocki Shearing Joseph L. Mitchell Richard T. Hall Albert E. Nevins Jerome H. Somers Edward M. O'Brien Richard F. Hughes Donald J. Orkin Joseph H. Spain Edward J. Powers John F. Keenan David W. Power Robert T. Tobin Charles M. Rose Hon. Joseph Lian Jr. James M. Quinn James E. Tracy Hon. Thomas P. Salmon L. Thomas Linden Denis G. Regan James F. Stapleton Hon. William A. McCarthy Peter D. Rigero 1965 Stanley J. Turosz Hon. Sheila E. McGovern Edward A. Schwartz Constance Jane Bedey Michael F. Walsh Hon. Robert C. McGuire Murray G. Shocket Edward M. Bloom Bruce N. Sachar Ernest T. Smith Alan A. Butchman 1958 Francis J. Shea Robert F. Sylvia Rae B. Condon Martin L. Aronson Allan B. Solomon Herbert L. Turney Joseph L. Deambrose John J. Coffey Charles M. Sullivan Walter F. Weldon W Joseph Engler Jr. Walter W. Curcio J. Owen Todd Paul R. Lawless Theodore E. DiMauro 1963 Nicholas J. Lisi Richard D. Fountain 1961 Eugene A. Amelio Robert E. McGinness Raymond J. Kenney Jr. Louis W. Barassi J. Norman Baker Paul J. McNamara Lucille K. Kozlowski Edgar J. Bellefontaine Forrest W. Barnes Robert J. Muldoon Jr. Joseph A. McDonough Thomas F. Bennett Peter R. Blum Stuart L. Potter Robert E. Neville Raymond 1. Brurromesso M. Donald Cardwell Samuel E. Shaw Robert F. O'Connell John J. Desmond III Martin S. Dansker Norman P. Soloway Hon. James F. Queenan Jr. Edward J. Dever Michael J. Dorney Thomas H. Trimarco Lawrence A. Rurrman Harold Hestnes Jerry Fitzgerald English Fletcher R. Vredenburgh Joseph F. Sawyer Jr. Anne P. Jones Richard L. Fishman Edward W. Waystack III Garrett H . Spillane Jr. Robert O. Kelley Joseph P. Foley 1966 Robert A. Trevisani W. Hugo Liepmann Richard M. Gaberman James P. D . Waters Robert F. McGrath Richard W H anusz Anthony F. Abatiell Walter D. Wekstein David R. Melincoff Herbert H. Hodos Robert F. Arena Gilbert L. Wells Raymond F. Murphy Jr. Daniel J. Johnedis John R. Bagileo Robert D. Whoriskey Robert L. O 'Leary John P. Kane Paul F. Beatty Frank T. Wojcik Ronald E. Oliveira Stephen B. Kappel Michael D. Brockelman R. Robert Popeo H. Joseph Maney Crystal C. Campbell 1959 T. David Raftery Edward J. McDermott Mark L. Cohen John J. Bilafer Theodore C. Regnante Robert E. McLaughlin James J. Dean George G. Burke Robert J. Robertory John R. Murphy Robert J. Desiderio Cornelius S. Donoghue Edward A. Roster Stephen J. Paris Brian J. Farrell Francis W. Gorham William P. Sullivan Joseph H. Pellegrino Paul W. Finnegan

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 47 William A. Garrigle James A. Champy Paul C. Fournier Timothy J. Mattimore Hugo A. Hilgendorff John P. Connor Jr. Dana H. Gaebe Andrew]. McElaney Jr. Richard A. Howard Hon. John A. Dooley Jude T. Gartland David S. Mercer Roger A. Jackson Harold C. Dulong David A. Gilbert Steven J. Mopsick John W Kaufmann Michael ]. Eschelbacher Robert J. Glennon J r. Richard T. Moses George B. Leahey Ruth W Flaherty John E. Glovsky Joseph E. O'Leary Thomas L. Leen Jason Y. Gans Robert V Greco Edward M. Padden Thomas M. Marquet Gerald L. Goodstein Robert B. Greenberg Alan K. Posner Lawrence A. Maxham Cornelius]. Guiney John R. Hicinbothem Arthur W. Price John K. McGuirk Dennis L. Hallisey Edward F. Hoard Gary B. Richardson Donald W. Northrup E. ]. Holland J r. Stephen L. Johnson Norman C. Sabbey Edward F. Piazza John J. Joyce Jr. Hon. Benjamin Jones Richard J. Schulman M. Frederick Pritzker Joel E. Kachinsky Thomas L. Kennedy Paul R. Sidel Dennis]. RobertS Joseph M. Kehoe Alan M. Lestz Kurt M. Swenson Wilson D. Rogers Jr. Joseph M. Korff Leo B. Lind Jr. Hon. Mark W. Vaughn C. Charles Smith Hon. Elizabeth O. LaStaiti Edward J. Lubitz Neal S. Weinstock Paul R. Maher Alan G. Macdonald 1967 James J. Marcellino J. Christopher McGuirk 1971 Charles A. Abdella James F. Martin Peter J. Monte John H . Appleton Leland J. Adams J r. John R. McFeely Thomas R. Murtagh Barbara Beckerlegge Stephen P. Beale James F. McAleer Raymond A. Noble Bernard R. Beckerlegge Kevin B. Callanan " Charles K. Mone Thomas R. O'Neil Robert M. Bloom Carl J. Cangelosi Peter J. Morrissette William]. O'Neil Leo V Boyle Peter S. Casey Michael E. Povich R. Joseph Parker Hon. Raymond]. Brassard Hon. David M. Cohen Grier H. Raggio Jr. David A. Philbin Hon. James]. Brown Anthony]. Demarco John]. Reid Brian]. Quinn Allan R. Campbell Ralph]. DeStefano William A. Ryan Jr. Kenneth]. Russell Edwin R. Chyten Edward D. Feldstein Jon D. Schneider Lawrence W. Schonbrun Ellen R. Delany Hon. Paula W Gold Lt. Col. John R. Thomas J. Sexton David A. Donohue Alan S. Goldberg Shaughnessy J r. Richard M. Shaw Richard T. Egan Joseph M. Hall Robert L. Shea M. James Shumaker Seth H. Emmer Lawrence A. Katz Jeffrey P. Somers Jeffrey M. Siger Robert D. Epstein Daniel H. Kelleher Samuel B. Spencer Mitchell J. Sikora J r. Kathleen G. Fallon James H. Klein Joseph F. Sullivan Margaret S. Travers Walter J. Fisher Alan L. LeBovidge Peter W. Thoms Peter J. Tyrrell Charles F. Foster Frederick S. Lenz Jr. Joseph J. Triarsi Michael C. Veysey John]. Gillies Edward A. Lenz A. Theodore Welburn Ruby Roy Wharton Barry A. Gutyan Robert E. McCarthy David M. Winer James P. Whitters Roger E. Hughes Jr. William A. McCormack John V Woodard John M . Hurley Jr. David A. Mills 1969 Richard R. Zaragoza William H. Ise Michael E. Mone Richard A. Aborn John B. Johnson Mercedes Smith O'Connor Roger C. Adams 1970 Raymond J. Kelly Louis Pashman Thomas V Bennett William T. Clabault David L. Kent John E. Peltonen William H. Bluth Robert S. Cohen Clayton B. Kimball Gerald F. Petruccelli Colonel Michael J. Brawley Marc A. Comras Frederick P. Leaf Arnold R. Rosenfeld Edward S. Brewer Jr. Michael J. Dale Edward R. LeallY Michael H. Rudy Thomas H. Brown Stephen R. Delinsky William M. Leonard Daniel C. Sacco William]. Caso William M. Dorsch Aaron A. Lipsky Enid M. Starr James P. Connolly Christopher E. Doyle Thomas F. Maffei William P. Statsky Paul K. Connolly J r. Claire Fallon Daniel J. Morrissey Richard D. Zaiger Hon. Thomas E. Connolly Peter W. Fink Robert A. O'Neil Robert Zimmermann Robert V Costello John F. Finnerty J r. W. James O'Neill Michael R. Deland Eugene P. Flynn Jon S. Oxman 1968 James O. Druker Charles B. Gibbons John B. Pound Dean C. Brunel Hon. Peter C. Edison Paul M. Kane Robert C. Prensner John M. Callallan Jr. John J. Egan Hon. Peter J. Kilmartin Howard A. Reynolds David H. Chaifetz Laurence A. Faiman Gary P. Lilienthal Raymond M. Ripple

48 BO STON COLLEGE LAW SCH OOL MAGAZINE / FALL 1997 Susan J. Sandler Lawrence O. Spaulding Brian D. Priesrer Richard J. Lerrieri Perer G. Scanralides James C. Srurdevanr John F. Recke Sreven 1. Levin William T. Sherry Jr. Jeremiah P. Sullivan Joseph J. Recupero David A. Lourie Hon. John M. Solovan II Sidney Sr. F. Thaxrer Perer T. Robenson Lawrence H . Mandell Judirh Solrz William W. Thomas Hon. Barbara]' Rouse Alan D . Mandl Mark Srone Hon. Bonnie G. Winner Alan I. Salrman Regina Snow Mandl Maurice H . Sullivan Florence A. Wood Jeffrey M. Schlossberg Manin J. Mc Mahon Jr. Joseph R. Tafelski Perer Zacchilli Lawrence R. Sidman Philip T. McLaughlin John S. Whire Thomas]. Sullivan Kevin J. Moynihan Marcia McCabe Wilbur 1973 Roy E. Thompson Jr. Douglas M . Myers Jeffrey M. Winnick Anne Adler Neal C. Tully Hon. Susan Ness Carl E. Worboys Alan J. Axelrod Joseph P. J. Vrabel Lora C. Pepi Judirh Koch Wyman Ivar R. Azeris Leland B. Ware Joseph J. Pruell Dennis S. Baluch Sranley L. Weinberg Barbara Schlaff 1972 Donald L. Becker Steven Weisman Paul B. Smyrh Terrence J. Ahearn Lee M. Berger Larry S. Solomon Henry L. Barr Michael R. Berlowitz 1974 Hon. Jeremy A. Srahlin William G. Berkson Hon. Argeo Paul Cellucci Stephen H . Ahern Arrhur O. Srern Raymond G. Bolron Bruce H . Cohen Srephen D. Amoroso Jr. Chrisropher J. Srerrirr Samuel J. Bonafede Walrer A. Costello Jr. Alben A. Barbieri Raymond W. Taylor Perer H. Bronsrein Hugh W. Curhbertson Gary H . Barnes Hon. Brendan J. Vansron Daniel E. Callahan Parrick J. Daly Harvey N. Bernsrein Leonard S. Volin Paul K. Cascio Frederick J. DeAngelis Jay D . Blitzman Louis C. Zichr Bruce Chasan Edirh N. Dinneen John F. Boc Richard A. Cohen James C. Donnelly William J. Branca 1975 Roben L. Dambrov Sandra S. Elligers Mark B. Brenner Berndr W. Anderson Glenn E. Dawson Edward]. Feinsrein John F. Bronzo Karherine L. Babson Roben K. Decelles Roben D. Fleischner Richard P. Campbell Kevin B. Belford William F. Demaresr Richard M. Gelb Raymond W. Chandler Howard W. Burns Frank K. DuffY John W. Giorgio Arnold E. Cohen Hon. Elizaberh Buder Vicki W. Dunaway Chesrer S. Goldberg James D . Coleman Paul F. Callan William L. Earon Joseph P. Gordon J r. Perer N . Conarhan Daniel C. Crane Douglass N. Ellis Jr. Paul M. Gordon Lynda Murphy Connolly Joseph J. Czajkowski R. Roben Gaumonr Jr. Donald A. Graham Loring A. Cook Elizaberh A. Deakin Edward A. Gordieb Srewart F. Grossman Roben M. CoxJr. Robert F. Dore Michael S. Greco Henry R. Hopper J. Elizaberh Cremens Howard L. Drescher William]. Groff Andrew R. Kosloff Karen Dean-Smith Leon P. Drysdale Nancy King David E. Krischer Hon. Barbara A. Dortch- Thomas J. Flaherty Joseph M. Kozak Philip S. Levoff Okara Hon. Maurice R. Flynn Srephen Kunken William H. Lyons Diane Durgin Kevin P. Glasheen Dennis J. Lacroix Melvin W. Marcus Ann L. Eksrrum Bruce A. Haverberg Ronald LeGrand John K. Markey Lona L. Feldman Rurh S. Hochberger Sheila M. McEnree Paul F. McDonough Jr. Richard C. Flanigan Hon. Ellen S. Huvelle James T. McKinlay III Alexander M . McNeil Hon. Daniel A. Ford Roben P. Joy Carol Williams Melaugh William J. McNulty Jr. Paul A. Francis Anne Maxwell Livingsron William D . Metzger Lawrence A. Mendelson Lawrence K. Glick Joseph C. Maher Jr. Evvajean Malrer Minrz Michael B. Meyer Richard S. Goldsrein Pamela Basamania Marsh Roland E. Morneau Jr. Dennis M . Meyers Alfonzo Greenidge Larry J. McElwain Nicholas P. Moros James M. Micali Patricia C. Gunn James R. McGuirk Elaine Rose Moundeigh Anira C. Miller Kennerh L. Halajian John McHale Jr. Daniel J. O'Connell III Ann Fox Miller Charles Hansen Thomas F. McQuoid Cameron Read Hon. Elaine M . Moriarty Rurh-Arlene W. Howe Mark A. Merson Daniel H. Ruderman Samuel Mosrkoff Michael B. Isaacs John T. Monrgomery Earlon L. Seeley Jr. John B. Murphy Alan J. Kaplan Daniel F. Murphy James W. Segel George C. Myers Jr. Hon. Diane M. Kortmyer Philip E. Murray Jr. Carol K. Silbersrein Richard A. Oliver James F. Langley Marshall F. Newman Alfred L. Singer Sreven L. Paul ]. David Leslie David M. O'Connor

FALL 1997 / BOSTON COLLEGE LAW SC HOOL MAGAZ INE 49 Clifford Orent Denise C. Moore Charles E. Gilbert III Michael Alan Hacker C. Stephen Parker Jr. Paul D . Moore Gareth E. Glaser Rosalie Anne Hailey Kathleen King Parker Gilbert J. Nadeau Jr. William W Graham Pamela Smith Hansen George E. Pember Robert W Nolting Thomas L. Guidi Mary Gillilan Harreld Marcia Allara Peraza Alice C. Oliff R. Christian Haufler J r. Mark Andrew Helman Jean S. Pelwin Joseph D. Pizzurro David A. Horan Valerie Jane Hoffman Kenneth S. Prince Deborah A. Posin James F. Kavanaugh Jr. Mary Jo Hollender Helen S. Rakove Sander Rikleen Mark C. Kelly Patrick Thomas Jones William B. Roberts Janet Roberts Dennis J. Krumholz Linda Susan Katz Stephen R. Rubenstein Douglas R. Ross Dennis R. La Fiura Cameron F. Kerry James L. Rudolph Edward Rubinstein James F. Lafargue Anne King James B. Sheils Steven T. Russell Dennis A. Lalli Richard Thomas Lai Donna M. Sherry Hon. Marianne D. Short Alexandra Leake Sheila Connors LeDuc Barbara J. Stedman Gordon Smith Thomas E. Lynch III David Curtis Lucal William S. Stowe Susan R. Sneider Vincent P. Maraventano Harry Leo Manion III David S. Strauss Barbara B. Stein Gary M. Markoff William John Midon Barry A. Sturtz Mark Stoler Peggy Y. Massey Thomas H . Murphy Jr. Robert E. Sullivan Jeffrey B. Storer Claire L. McGuire Robert Tirrell Naumes Thomas R. Ventre David A. Strumwasser Rhona L. Merkur Richard Daniel Packenham Jeffrey M. White Patrick A. Tanigawa Carmen Messano Richard Wright Paul Carolann Kamens Wiznia Willie C. Thompson Jr. Stephen D. Moore Joaquin German Perez Dolph J. Vanderpol Kathleen M. O'Day Alan Philibosian 1976 Mark D. Wincek George A. Perry Richard Elliott Powers Robert Angel Jerold Lorin Zaro Lee V. Potter Gary Stewart Rattet Lucy West Behymer Eliot Zuckerman Michael J. Puzo David John Rice Mark N . Berman Peter F. Zupcofska Rachel Rivlin Thomas M. Saunders Hon. Patricia E. Bernstein S. Jane Rose Scott Jay Tucker Aundrie L. Botts 1977 Gary A. Rosenberg Patricia McGowan Vinci Ellen P. Brewin Douglas B. Adler Paula E. Rosin Charles Edward Walker Roger J. Brunelle Peter A. Allen Norma J. Rosner Joyce A. Wheeler Hon. Marie T. Buckley Pamela J. Anderson Andrew M. Rossoff Harry Yee Laurie Burt Ronald A. Ball Mary K. Ryan James J. Yukevich Thomas P. Colantuono Esther R. Barnhart Jeffrey S. Sabin Hon. Thomas A. Connors Andrew N . Bernstein Kitt Sawitsky 1979 Frederick J. Coolbroth Janice M. Bertozzi Susan St. Thomas Mark E. Aalyson Kathy Bourne Cowley Joseph A. Brear J r. Michael L. Tichnor Jean H . Bachovchin John S. Donahue Joseph M. Centorino Robert B. Tolins Elizabeth Jensen Bailey Jack A. Donenfeld Donald Chou David J. Tracy Thomas J. Beamish Tucker C. Drummond Stuart A. Cole Carl Valvo Jeffrey I. Bleiweis Philip M. Dunn John A. Coletti Lawrence M. Vogel William J. Brown Daniel Engelstein Robert L. Collings Ronald E. Weiss Charles M. Cohen Lester D. Ezrati Russell F. Conn Glenn M. Wong Kathleen Colleary Edward Gross Kevin P. Crane Marguerite A. Conan Robert B. Hoffman Evan Crosby 1978 Mary F. Costello George G. Jones Thomas P. Crotty Robert J. Baum Mary Carmen Cuevas Beth A. Kaswan John A. Detore Jill Nexon Berman Thomas F. Dailey Carol Kirchick John R. Devereaux Angela M. Bohmann Susan Giroux Dee William D. Kirchick Carl F. Dierker Benjamin Jay Brettler Judith G . Dein James J. Klopper Thomas J. Douglas Jr. J. W. Carney Jr. David D. Dowd Roberta Kuriloff Elizabeth M. Fahey Diane M. Cecero Martin E. Doyle Barry Larman Richard A. Feinstein Carol Ruffee Cohen Mark R. Draymore Katherine J. Litman Joel H. Fishman John D. Delahanty James H. Duzak Deborah M. Lodge Edward L. Fitzmaurice Jr. Kevin Cutler Devine Richard T. Foote Robert P. Lombardi Richard H. Friedman Anthony Michael Devito III Carolyn Jean Fuchs T. Mary McDonald Mark S. Furman Barbara Ann Fay Kathleen V. Gunning Laurie A. McKeown Joan A. M. Gearin Peter Gerard Flynn Thomas Henry Hannigan J r. Judith Mizner Lise J. Gescheidt Steven Alan Gabovitch Michael L. Henry

50 BOSTON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 John M. Horn Susan L. Kantrowitz David Taylor Donnelly Eric H. Weisblatt David F. Kane Marjorie Katz John D. Donovan Christopher Weld J r. Gina B. Kennedy Ann Kendall Mark W. Dost Diane Young-Spitzer Mark Langstein Ronald A. LeGrand Clover M . Drinkwater Leonard F. Zandrow J r. Ralph T. Lepore James H. Lerner T homas Joseph Driscoll Andrew M. Levenson Gary E. Leroy David W. Ellis 1982 Matthew L. McGrath III John K. Lucey Sally J. Feldman Jonathan M. Albano David D. Merrill Janet H. Magenheim Martin R. Fisch Vincent Charles Baird Lt. Col. Thomas D . Miller, Carol A. Marine John G. Gatti Ellen Bayer U.S.M.e. James E. McDermott Jr. Donald S. Gershman Tammy Brynie Timothy Pryor Mulhern Richard G. McLaughry Richard J. Gianino Susan L. Cariry John Robert O'Brien Robert e. Mendelson Deborah J. Goddard Jeffrey A. Clopeck Stephen P. O'Rourke Robert M. Mendillo Craig N. Goodrich Thomas Paul Dale Jo Ellen Ojeda Andrew A. Merrill Charles J. Greaves Richard e. Devor J r. Michael E. pfau John N. Montalbano Bernard W. Greene Ronnie Lisa DiLuna Michael A. Pignatelli Gary B. O 'Connor William F. Grieco Mark Timothy Dinkel John e. Possi F. Thomas O'Halloran Jr. Dale R. Harger Jonathan Winchester Fitch Barbara D. Ranagan John S. Reidy George B. Henderson II Camille Kamee Fong Thomas P. Ricciardelli James R. Repetti T. Mark Herlihy Barbara B. Foster Lauren Stiller Rikleen William J. Riley Jorge L. Hernandez-Torano Ann Danseyar Gelfon Deanne Silk Rosenberg Michael B. Roitman Michael R. Hetherman Edward A. Giedgowd Lloyd e. Rosenberg Nathaniel M. Rosenblatt Edward T. Hinchey Stephen J. Gill Howard S. Rosenblum William A. Rota Linda J. Hoard Deborah Ellen Godwin James B. Ross Mary M. Rudser Daniel e. Hoefle Steven Howard Goldberg Bernadette Brown Sabra Louise Sawyer Ronna D. Howard Robert Loring Goodale Cynthia L. Shupe Jane Serene Raskin John G. Igoe Daniel Robert Gordon Christine J. Smith Michael J. Shea Richard 1. Kaner Kevin Thomas Grady David B. Stromberg Francine T. Sherman Ruth L. Kaplan Patrick Lawrence Grady Elaine Gail Such man Winthrop A. Short J r. Christopher P. Kauders Andrew Clark Griesinger Fred D . Weinstein John A. Sirico Gary E. Kilpatrick John Michael Hession Lynn G. Weissberg Naira B. Soifer Jane e. Krochmalny Duane Osamu Kamei Ann H . Williams Dana]. St. James Andrea S. Levinson Jeffrey Hugh Karlin Judy Willis Alan R. Stone Sarah Sal ter Levy Susan Lee Kostin Benjamin S. Wolf Steven A. Wilcox James Michael Liston James Michael Langan Patricia Zincke Nancy R. Wilsker Francis Matthew Lynch Cindy A. Laquidara Dion e. Wilson Thomas J. Lynch Michael W Lyons 1980 Steven G. Madison Loretta Leone McCabe 1981 Mark J. Albano Joseph A. Manignetti E. Melvin Nash Roben J. Ambrogi Christopher B. Andrews James P. Maxwell Jill Gwen Okun Paul J. Barbadoto Nelson G. Apjohn ]. Bruce McGuirk Steven Howard Peck Thomas A. Barnico Karen Bernstein Baron Sara Johnson Meyers Lisa Gail Polan Arthur A. Chaykin Stephen F. Bisbee Kevin R. Moshier Carol Frances Relihan John L. Collins Peter R. Brown Barry J. Palmer Richard Joseph Riley Foster Jay Cooperstein Constance A. Browne Ann L. Palmieri Marjory D. Robertson Louise R. Corman Janet E. Buder Mark e. Perlberg Martin John Rooney Edward F. Donnelly Jr. Ralph]. Cafarelli Thomas A. Potter David Philip Rosenblatt Laurence]. Donoghue John M. Carroll Harriet T. Reynolds Mary Beth Conez Sax Neil S. Ende Robert e. Chamberlain Thomas M. Rickan Joshua Alben Secunda Jack H. Fainberg John O. Chang Richard D. Rochford Barbara M. Senecal Lawrence E. Fleder John Gilmore Childers Catherine F. Shortsleeve Julia Shaw Jane Climenko Gottschalk Lawrence J. Cohen Ingrid E. Slezak Charles P. Shimer Thomas M. Grady Richard G. Convicer Adelbert L. Spitzer III Peter J. Silberstein Carol A. Gross Donald D. Cooper e. Scott Stevenson William E. Simon Jr. Joseph L. Hern John O . Cunningham Barbara D. Sullivan Marko M. G . Slusarczuk Joseph M. Hinchey Aruneshwar Das John A. Tarantino Peter Gilman Smick Ann-Ellen Marcus Hornidge Peter A. DelVecchio Anne B. Terhune Neila J. Straub Cecil J. Hunt II Mary K. Denevi Claire-Frances Umanzio Edward Louis Toro

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 51 Andrea S. Urn las Jennifer C. Wilcox Albert T. Anastasio Lloyd Elliot Selbst John Pierce Volk Jody Williams Nancy A. Armstrong Anne Tucker Shulman Daniel B. Winslow Christopher A. Bandazian Maryellen P. Sowyrda 1983 Eric G. Woodbury Nancy M. Becker Jeffrey D . Spitzer Resnick William R. Baldiga Steven N . Berk Sherri B. Stepakoff Ellen Gershon Banov 1984 Julie Johnsrone Bernard Joseph M. Stockwell Gary M. Barrett Angela T. Anastas Kathleen Smith Boe Michael A. Sullivan Linda D. Bentley Gail L. Anderson Paul E. Bouron Robert C. Thompson Arthur Bernard John J. Aromando Laurel E. Bretta Karen Barrios Vazquez Mark S. Bourbeau Karen Kapel Astrachan Stephen A. Caldara Daria A. Venezia Rita R. Brackeen Joel E. Benard-Cutler Barbara A. Cardone Judith M. Woo Patricia Byrd Benjamin Berry Curtis B. Ching Peter R. Zeidenberg Ronaldo G. Cheek Stephen W. Brice Theaoseus T. Clayton Jr. Alan C. Chen Catherine K. Byrne ](jmberly M . Collins 1986 ](jm L. Chisholm Richard L. Carr Jr. Michael J. Colucci Jonathan B. Abram E. Michael Collins Michael W. Clancy John Phillips Connelly Juan Manuel Acosta Michael F. Coyne Margaret L. Costa Josephine Ragland Darden Therese Azcue Karen G. Del Ponte Susan L. S. Ernst Melissa M. Der Susan L. Beaumont Warren M . S. Ernst Michael K. Fee Arthur S. Donovan Susana P. Blankenship David J. Feldman Mark D. Fernald Polly R. Dowton Judy L. Brown Daniel E. Fleming Jr. Katherine A. Field Honore J. Fallon Antonio D . Castro Major Steven K. Forjohn David M . Fitzgerald Scott A. Faust Jean C. Chung Bobby B. Gillenwater Carole Cattaneo Gori David Fleshier Carol M. Connelly Barry E. Gold Pamela L. Hamilton Paulette A. Furness Scott P. Consoli Deborall Beth Goldberg Hon. Leslie E. Harris Ronald T. Gerwatowski Jordan Dee Cooper Kevin Hern Stephen J. Hines Carolyn D. Greenwood Robert P. Coyne Randall G . Hesser Ellen Joy Kapinos Joseph M . Hamilton Eric D. Daniels Michael J. Jones Mary E. Kelleher Robert D. Hoffman Nancy Mammel Davids Leslie Emi Kobayashi Brian J. Knez Nina V. Huber Thomas H. Durkin Max H . Kumin Charla Bizios Labbe Maria Hickey Jacobson Michaela Fanning Lawrence R. Lichtenstein James F. LaFrance Steven M. Judelson James D. P. Farrell Celeste V. Lopes William M. Ledoux Norman A. Kutcher Kristin Dorney Foley Kathleen McGuire Karen Shaffer Levy William P. Lee Robert P. Frank Janice L. Moore Sheila S. Lewinger Joseph F. Leighton Jr. Reginald J. Ghiden Robert J. Moore Patrick M . McNamara Elizabeth J. Lentini Karen L. Gillis Denise T. Nagata Jonathan Lawrence Moll Anne Cushing Magner Dawn Brown Golub Albert Andrew Notini Mary Jean Moltenbrey Walter L. Maroney J r. Lisa Lea Goodman Mark V. Nuccio Charlotte S. Murphy Hon. Susan Maze-Rothstein William Ryan Hart Jr. Mark C. P. O'Connor Betts Howes Murray James G. McGiffin Jr. Christopher P. Harvey Donald J. O 'Neil Linda E. Neary Lisa M . McGrath Scott Hoing Valerie I. Perkins Barbara A. O'Donnell David A. McKay Walter J. Jenkins III Mitchell P. Portnoy Barbara Zicht Richmond David T. Miele ](jm Maree Johannessen Jon S. Rand Carolyn M . Ryan Tracy A. Miner Elizabeth C. Kelley Joseph L. Riccardi Paula M. Sarro Randolph T. Moore Michael Frederick Klein David A. Rozenson David Schoen Carol G . Mullin James Arthur Kobe Frank J. San Martin Gayle A. Smalley A. Maureen Murphy Lisabeth Ryan Kundert Beatriz M. Schinness ](jm L. Stephens Paul Fritz Neil Donald Lee Lavi Mark D. Seltzer Sheila M . Tierney Herbert G. Ogden J r. Robert D. Leikind Margaret E. Sheehan Anne Van Graafeiland Margaret J. Palladino Craig K. Leon Leslie A. Shimer Helen C. Velie Jennifer Parks Lloyd S. Levenson Kurt F. Somerville Barbara Von Euler Ann F. Pauly R. Wardell Loveland Celia E. Strickler Tamara S. Wolfson Karen A. Pelczarski William F. Martin Jr. James A. Sweeney Vicroria P. Wood Faye B. Rachlin Edward G. McAnaney Steven E. Thomas Thomas A. Zaccaro Jeremy Ritzenberg David F. McCarthy William C. Turney Teresita D. Rodriguez Marc W. McDonald Douglas G. Verge 1985 Judith Duker Rosenberg Thomas R. Melville Kenju Watanabe Alicia Alvarez Ettore A. Santucci Paul Michienzie

52 BOST ON COLLEGE LAW SCHOOL MAGAZINE / FALL 1997 Ann L. Milner Christian Carl Fuhrmann Ann Marie Cannistraro Peter S. Canelias Dina J. Moskowitz Larry Goanos Laura Mary Cannon-Ordile Leonardo J. Caruso Alice G. Mutrie Scott E. Gross David Kerr Chivers Mark Mang Hung Cheung Katherine A. Pancak Teresa W. Habib Kevin J. Curtin Magda DeMoya Coyle Leslie A. Parsons Jeffrey C. Hadden Andrew Lewis DaSilva Kenneth Gerard Curran Mary Ann Rathmann William]. Hanlon Carlos Jose Deupi Steven J. DeLuca Richard G. Rathmann William A. Hazel Michael Barry Dworman Lynda Beth Furash Ana M. Reis Reginald K. Henry Patricia Gimbel Epstein David Harvey Ganz Mary C. Mawn Riley Patrick Quinn Hustead Michael C. Fee Irene Raphael Good Henry R. Rouda Hazel Inglis Royal C. Gardner Suko Gotoh Jeffrey Normand Roy Scott]. Jordan Michael Emmett Garrity Carolyn V. Grady John W. Sagaser Michelle S. LaBrecque Leizer Zalman Goldsmith Glenn Anthony Gulino Jose A. Santos Debra Schatz Lefkowitz Paul Ross Greenberg Edmund Patrick Hurley Jeffrey K. Savit Joanne Callahan Locke Rona Heimoff Gregory John J. Isaza Kurt N. Schwartz William Edward Martin James Perty Hawkins Anne Rickard Jackowitz Brian D. Shonk Walter K. McDonough Susan Shaw Hulbert Anjali Jesseramsing Diane L. Silver Kathleen Marie McLeod Mary Jo Johnson Michael Gordon Jones Lisa A. Sinclair Anne Craige McNay Jeffrey Lewis Jonas Allison Beth Kaplan Susan K. Sparkman Josephine McNeil John Edward Jones Mitchell Seth Kessler Howard J. Stanislawski John Andrew Meltaus James Thomas Kerner Jane P. Kourtis Mark R. Taylor Pamela Jean Mills Cedina Miran Kim Julianne Kurdila Hon. Warren E. Tolman David S. Newman Susan Marie Kincaid Mary Elizabeth Langer Mary Elizabeth Van Dyck Lauren Beth Nigro Gail Peters Kingsley Lindsay Li Witold J. Walczak Karen Laura Nober Kimberly A. Kohler Frank Karol Lipiner Ernst B. Weglein Paula Marie Noonan Mark Alfred Longierti James Taylor Lombardi Deborah L. Wiacek Amy A. Northcutt Constance Joyce MacDonald Thomas Michael Looney Mark D. Wiseman Brian A. O'Connell Margaret Mahoney Joseph Lucci Marcia Belmonte Young Carol Ann O'Day Joanne McIntyre Mengel Kelly C. Lydon Mark E. Young Robert Orsi Pete Stuart Michaels Howard Wilbur Martin Constantine Papademetriou Guive Mirfendereski Robert Emmett McLaughlin 1987 Roger H . Read Johnnel Lee Nakamura Alicia M . Milligan Maris L. Abbene David Mitchell Rievman Reese Rikio Nakamura Richard Mirabito Catherine Arcabascio Christine P. Ritch Steven Francis Napolitano Michael James Mitchell Nicholas Argy Thomas Gerard Rock Donald Willard Parker Mary Powers Murray Kathryn Ann Ashbaugh Jon Randall RoeBke Bernard A. Pellegrino Kevin Joseph O'Connor Jonathan C. Averback Pamela Drugge Rusk Lisa Strempek Pierce Bruce William Raphael Edward Gomes Avila Pamela H . Sager Miriam Rita Popp Joseph Francis Riga David R. Avrutick Rita Arlene Sheffey Evelyn Palmon Power Lisa Marie Ropple Joseph H. Baldiga Jae Jin Shim Lois Blum Reitzas Daniel Jay Rose Kathryn Jean Barton Jay Evan Sicklick Loretta Rhodes Richard Kimberly L. Sachse Richard Joseph Bedell J r. Corinne Smith Lesley Woodberry Robinson Paul E. Salamanca Janet Jean Bobit Richard W. Stacey Deirdre R. Rosenberg Barbara Lynne Siegel Kevin Martin Brown Graham Leslie Teall Mark Constantine Rouvalis Kevin John Simard Estelle Susan Burg Cecile Shah Tsuei John George Rusk John Francis Sylvia Aylene Marion Calnan Erin Doherty Turcotte Richard Brian Schafer Doris Fay Tennant John G. Casagrande Jr. Joseph M. Vanek Edwin J. Seda Fernandez Rebekah Tosado Colin A. Coleman Elizabeth J. Sherman David Ronald Yannetti Margot Bodine Congdon 1988 George William Skogstrom James Joseph Coviello A. Brian Albritton Michael John Southwick 1990 Margaret B. Crockett Alan Joseph Applebaum Julie Ann Tedesco Oliver F. Ames Jr. Patricia C. Daniels Andrea Ina Balsamo Antonia Torres-Ramos Ivelisse J. Berio-Lebeau George Thayer Dilworth Catherine Lashar Baumann Gretchen Van Ness William H. Brack Dennis Michael DuffY Ann Kathryn Bernhardt Lisa Karen Wade Timothy Patrick Brady John R. Dunnell Christopher G. Betke Michael John Wall Timothy J. Byrne Anne Meade Falvey Russell G. Bogin Thomas M. Camp 1989 Eileen Mary Fields Thomas L. Brayton III Paula G. Curry Lisa Rayel Fields David Edward Brown Peter AI pert Joseph P. Curtin

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 53 Bonnie Belson Edwards Andrew Mark Goldberg Herberr Warren Cooper John Giesser Maura McKeever Hall Joan Goldfarb Glenn Deegan Gary L. Gill-Austern Geoffrey Ray Hamilton Allan M. Green Ellen Donahue Christine Griffin Rebecca A. Ivry Dorothy L. Gruenberg B. Dane Dudley Gladis Camilien Griffith Erik P. Kimball John C. Hardwick J r. Elise Sarah Feldman William V Hoch Carmel Anne Leonard Roberr Peter Hines Domenic Gaeta Edward John Juel Jodie M. Lolik Ronald M. Joseph Kristine E. George Margaret Ellen Kane Michele C. Lukban Jonathan]. Kane Jeffrey Alden Healy Gregory Keating Alicia Mawn-Mahlau John Webster Kilborn Mary Elizabeth Honess Erin C. Keleher Shea Kevin M . McGinty Rebecca Anne Kirch Patricia A. Johansen Toni M . Kennedy Dennis E. McKenna Michael W Klein Martin F. Kane Allen Benfield Koenig Rosemary E. Mullaly B. ]. Krintzman Tami Kaplan Douglas Landy Joris Naiman Carolee Burton Kunz Bonnie Hassenfeld Keen Emily J. Lawrence Maryellen Natale Christine A. Leahy Henriette Keroack Brian P. Lenihan Philip H. Nevinny Deborah Lee Mark L. Labollita Rita Lu Deirdre O'Connor-Quinn Jennifer Locke Julie Staunron Lavin Maryellen McDonough Michelle R. Peirce Steven S. Locke Scott Allen Lively Andres L. Navarrete Stephen Joseph Pender Karen G. Maim Matthew Charles McNeill Shaton Nelles Amy Dwyer Ravitz Mark P. McAuliffe David Megan M. Karen Noble John Charles Reilly Dawna McInryre Mobina F. Mohsin Catherine Oatway David Harris Resnicoff Greg S. McLaughlin Paul Christopher Moore Donna Parisi Cheryl Lynn Schnabel Kathleen M. Miskiewicz Lynne Alix Morrison Jill Marie Pechacek Deborah C. Segal Maura C. Mottolese Alison Jane Napack Deborah Peckham Brenda Ruel Sharron Joseph E. Mullaney III Sean O'Donnell SCOtt Ethan Pueschel Daniel C. Stockford Donna F. Mussio Amy Okubo Jacqueline Warren Rider Cathleen H. Summers Robert M. O'Connell Jr. April Theresa Pan cella Kenneth]. Samuel I1eta A. Sumner Alicia Papke Salvatore Ricciardone Donald James Savery Kathi Maino Turner Pamela K. Revak Daniel G. Russo Christian Noel Scholin Christopher T. Vrountas Marrin Ris Cornelius B. Salmon Susan C. Sullivan Charles G. Willing Jr. Ellen S. Robbins Nicole Schamban Nicholas W F. Targ Mark D. Robins Megan Carroll Shea Joshua Thayer 1991 Douglas B. Rosner Timothy]. Shea II Beth A. Vignati Denise Ann Ackerman Margaret Mary Ross Howard Jay Silverman Debra Susan Wekstein Deborah Bigham Janet R. Segal Jeffrey David Thielman Paul B. K. Wong Marlissa Shea Briggett Catherine Sinnott Charles Scott Toomey Nathan Ken Yanagi Mary Cecelia Brown Jill Mary E. Sullivan James P. Warner Christopher Caperron Alison M. Takacs Robert]' Weber Jr. 1994 John V Cardone Mary Elizabeth Taylor Harold Stanley Berman James Dawson Carey Michael A. Tesner 1993 Kyle Bettigole Caroline O. Chamberlain Stephanie Dadaian Thompson Mary Elizabeth Basile Thomas Bhisitkul Socheat Chea William John Thompson Mark Thomas Benedict Frank A. Buczel Maryann Civitello Eve Stolov Vaudo Patti Boss Brian A. Bufalino Mary Clements-Pajak Gina Witalec Verdi Ken Brodzinski Steven Carl Bunyak III John H. Coghlin Deedra Ann Walkey Stephen D. Browning Sarah Shoaf Cabot Lisa C. Copenhaver Geoffrey P. Wermuth Michael V Casaburi Eugenia Carris Richard Jude Cordes Michael John Cayer Jeffrey Catalano Kathleen Kay Corkins 1992 Lisa Ciolino Karen Clark Jay Correllini Dennis P. Ahern Christine Ann Conley William Dennis Cramer Manuel Luciano Crespo Mary Ellen Alessandro Beth Ellen Deegan Andrea L. Crowley Maureen E. Curran Debra Ann Allen Scott Detraglia Buckmaster DeWolf Daniel J. Driscoll Damon C. Anastasia John A. Dolan III James Lydon Driscoll Robert D. Emerson David Baron Janet McClafferty Dunlap Kerry Dwyer Eileen M. Fava Joseph T. Bartulis Jason Arlin Farber Stephen Dwyer Anthony L. Galvagna Luke T. Cadigan Elizabeth Limon Felton Martin Scott Ebel Andrew Gately Lucy Manning Canavan Lawrence Michael Friedman Lorne M. Fienberg Frank W Getman Allison S. Cartwright Peter Gannon Amy Stephanie Goodman

54 BOSTON COLLEGE LAW SCHOOL MAGAZINE I FALL 1997 Nancy Greenberg Lani Anne Iyo Kaneko Allison Alanis Arlene J. Cons tan t Tanya Gurevich George N. Kasparian Mrs. Rose Alden Coopers & Lybrand LLP Michael Heningburg Nina Ellen Keaney Harvey L. Alexander Jr. Daniel R. Coquillette Joseph Hernandez Pamela Michele Keith Ralph J. Alliegro Cosgrove Eisenberg, r.c. Archana Hira William G. Lienhard Allmerica Financial Edward A. Counihan IV Joseph C. Hogan III Paul Mastrocola American Express Company Richard M . Cummings Jonathan W Hugg Joseph r. Mingolla American Home Product Cor- Eleanor J. Dacey David Hobum Hwang Seem a Nanda poration Paul Patrick Daley Rose Marie Joly Kerry Ann Nero James B. Ames Robert A. Deleo Zubin Kapadia John D . Norberg Alexis J. Anderson Cathy L. Dernoncourt Susan Thomas Kelly Lisa M . Ortiz Elizabeth Rover Bailey Francis J. Diluna Nancy M. Kirk Jennifer K. Rankin Bank of Boston James Dimas Kathryn Leach Julie Schwarrz-Weber Laura M. Barnabei Diana]. Dresser Franz Thomas Litz Mary Esther Schwarzer C. Richard Bartels Thomas L. Dresser John Livingston Matthew Shapiro Boston College Law John V. Dwyer Jr. Karen Ann Loin Shaun B. Spencer Publications Trust Eastern Enterprises Audrey C. Louison Marcus Lovell Stevenson Boston College Law Student Eaton Vance Management Brian Martinuzzi Robert A. Storino Association Incorporated Laura Jean McCollum Louisa McKay Terrell Boston College Public Interest Anne V. Eberman Bridget McKeever Andrew F. Upton Law Foundation Benjamin Ericson Janet Milley H . A. Beaudoin Leslie G. Espinoza Caitlin Mullin 1996 Joan F. Beer Guy E. Esposito Kelly Mulvoy Andrew Dicarlo Berman Edward W Bender Drs. Jose L. and Stella Terrence]. Murray Jr. Andrew Peter Borggaard Marcia J. Berger Evangelista Marjorie H . O'Reilly Andre Burrell Carlotte N. Berk Exxon Corporation Helen O'Rourke Anna C. Caspersen Mindy H. Berman Rurh Feldman Ann R. Parker Edward Shieh Cheng Bettencourt & Associates Raymond r. Felkel Paul Popeo Albert Andrew Dahlberg Jack B. Binion Cheryl A. Felrgen Lara Elpis Salvatore Kerry Ann Doherty Mr. & Mrs. Bernard Bloomstein Yen-Tsai Feng Melanie Lee Schneeberger R. Chrisropher Green Myron Boluch Fil en e's Jonathan Acker Shapiro Arnold Welles Hunnewell J r. Florence R. Bond Fine And Veznaian r.c. John Sheridan Thomas Patrick Lynch Boston Edison Company Eleanor F. Fink Matthew Todd Stinner Michael Mahoney Bridgestone/Firestone Daniel J. Finn Angela D . Stone Jennifer Ann McCoid Corporation Scott T. FitzGibbon Charles Dennis Subrt William Mendelsohn Bristol-Myers Squibb Company Patricia Flallerty Janine Valles Alexis Mokotoff Mark S. Brodin Ford E. & Harriet R. Curtis Lisa Janet Van Pelt Katharine Anne Pacella Brody Hardoon et al. Foundation John F. Ventola Maryann Joan Rabkin Fitzhugh Lee Brown Harriet Debra Franklin David C. Virnelli Lisa Allen Rockett Bruce Brumberg Irwin Franklin Mark Anthony Walsh Danielle L. Salvucci Irene A. Bryant Jean E. French Leigh Watts Kristen Marie Schuler Thomas J. Bryant Friends of Eileen S. Blakeney Norma J. Scott J. Albert Burgoyne Friends of Brian Lurch 1995 Romy Ann Selati Tefra B. Burrelli Friends of Lisa Blank Christopher A. Callanan Lisa Tingue Albert Calello Fruit of The Loom Amy Catherine Cashore Fiona Trevelyan Thomas Cataldo G. E. Capital Corporation Christopher E. Celano James Yunhao Wu Chase Manhattan Bank N.A. William S. Gale Denise Choquette Chevron USA Incorporated MaryW. Gans Carolyn Anne Dizon Friends of Boston College Chubb & Son Incorporated Mrs. Sylvia Gelfand Jessica Gabrielle Elliott Law School Ciba-Geigy Corporation General Electric Company Patrick James Farrell A. T. & T. Company Cigna Corporation Patrice Gianni Scott Carter Ford Sandra Abel Mr. & Mrs. Joseph 1. Cleary J r. Eleanor N . Gilbert John Edward Friberg Jr. Deborah Blackmore Abrams Loretta Coha Gillette Company Glenn Gates and Jon Abrams Bruce Cohen Phyllis Goldfarb Brett M. Goldberg Janice R. Adler R. Britton Colbert Selma L. Gordon George H. Harris Aetna Life & Casualty Columbus Foundation Julie Graessle Michael Cory Hochman Alfred M. Agress Commonwealth Energy Mr. & Mrs. John B. Graf Services Company John L. Gray

FALL 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZIN E 55 William F. Greene Mr. & Mrs. Leon H . Miller Sallie Mae Every ejJort was made to provide Lorraine Greiff Peter J. Moccio Evangeline Sarda an accurate and complete listing Hale and Dorr Motorola Incorporated Ernest J. Sargeant ofdonors for the fond year of Hanover Insurance Company Mutual Life Insurance Leon N . Satenstein June 1, 1996 through May 31, Harcourt Brace Company of New York Deborah L. Schreiber 1997. Please accept our apolo­ gies your name was inadver­ Dean M. Hashimoto, M.D . New England Electric System Donald Schupak if tently misspelled or omitted. M . Irving Herbster Company Linda L. Schwarz Boston College Law School Mr. & Mrs. James L. Hickey New England Power Service Peter B. Seamans appreciates the support ofall of Mrs. William B. Hickey Company Shell Companies Foundation its donors. Ingrid M. Hillinger National Distillers Distribution Marjorie Sherman Hoechst Celanese Corporation Foundation Eric M. Shore Hoechst Marion Roussel Nations Bank Corporation Leonard A. Simon Sidney Hoffman National Association of Public William E. Simon Sr. Esther J. HOlwich Interest Law Skadden, Arps et al. Mrs. Fiora M. Houghteling Nehemias Gorin Foundation Robert H. Smith Todd Jackowitz New England Telephone Aviam Soifer and Marlene Dr. & Mrs. Leon G. Jacobs Quan Nghiene Booth Richard S. Jacobs Nynex Corporation Mark Spiegel John Hancock Advisors Mr. & Mrs. Thomas William Morris]. L. Stambler, M .D. Incorporated O'Brien Myer Starr John Hancock Mutual Life Elizabeth Olans State Street Bank Corporation Insurance John A. Osterman Tenley Stephenson David J. Jones III Barbara Ostrow Michael]. Stone Louise Kalish Mrs. Dorothy Ostrow Hon. Jeremiah J. Sullivan Daniel Kanstroom Loren Ostrow Sun Life Assurance Company Deborah Haufler Jean Palmer Linda Lee Surliff Keller & Heckman LLP Louise A. Parent Victoria E. Syak Elaine A. Kelley Patterson Belknap et al Gail K. Taylor Kemper National Insurance Mr. & Mrs. A. J. Pattison Tetley Incorporated Company Charles F. Paul Texaco Incorporated Roger Kirschner Pfizer Incorporated Paul R. Tremblay Judith A. Krupp Philip Morris Companies Ignacio Valdes, M .D . Los Angeles Gay & Lesbian Kathleen Picardi Christine Venezia Services Mr. & Mrs. Donald T. W. R. Grace And Company Gene K. Landy Piscatelli Lois Wainwright Gyorgy J. Lang Mr. & Mrs. Albert R. Pitcoff Anne Watts Cynthia Lichtenstein Elaine B. Plakias Wendy L. Watts Marianne Maffei Lord Plymouth Rock Assurance James S. Weinberg Susan Lubitz Carol Ann Porvin Scott Weiner Jeffrey A. Lutch Robert A. Powilatis West Professional Training Roselyn Lutch John W. Purcell West Publishing Lyne Woodworth & Evarts Rathmann Family Foundation White and Case Gerald MacDonald James F. Regan White, Inker, Aronson, Pc. Ruth C. MacDonald Reliance Insurance Company Ruth L. Winters Kenneth T. Mancini Risk Management Consultants Samuel Wish George M. Mason Rochester & Pittsburgh Janet L. Witkin Howard M. Mason Coallition Charlotte L. Wolbarst Massachusetts Bar Foundation Megan M. Rose Neil I. Wolfson I LOTA Daniel Rosenthal Ann G. Wolsky Ellen K. Masters Josephine Ross Alfred C. Yen Walter R. May Jr. Mr. & Mrs. Mordekhay Irwin P. Zullig Judith A. McMorrow Rothschild 47 Palmer Incorporated Merck & Company Rothstein Foundation Incorporated William Russell Metropolitan Life Insurance Southern New England Company Telephone Frank Sander Michel Suzanne E. Salamon

56 BOSTON COLLEGE L\W SCHOOL MAGAZINE / FALL 1997 The Whys and The new law also Q : Why are planned the gifted property, Wherefores of strengthened some of the gifts so important to col­ often for the duration of provisions that encourage leges and universities? his life or that of his Planned Giving charitable giving by spouse, with the remain­ ensuring that charities A : Because institutions der interest ultimately An expert has the receive a substantial por­ have substantial capital passing to charity. Such answers that all donors tion of the value of any needs, and the donor arrangements appeal to a need to know property put into a chari­ who wants to help an variety of donors. Often, table remai nder trust. institution meet those a donor has a highly needs ought to consider appreciated, low-basis partner in the Boston law Q : Why would some­ planned giving, particu­ holding of stock that is firm of Hemenway & one want to participate larly in the form of an ideal gift candidate Barnes. He specializes in in a charitable giving beq uests and gifts In for a charitable remain­ sophisticated estate and plan? What role do capi­ trust. Regardless of der trust, pooled income trust planning and chari­ tal gains play in this? whether such gifts are fund or charitable gift table giving matters. He made during one's life­ an·nuity. Because many also serves as special legal A : People give to chari­ time or are deferred, the donors feel they cannot counsel to Boston Col­ ties because they want to essential point is that afford to give up an lege, advising on devel­ do good. That charitable they be planned. The income-producing asset opment issues, and he is intent can be furthered planning process allows currently, life-income a Fellow of the American by the tax advantages of both the donor's wishes arrangements often give College of Trust and giving. For example, if and the needs of the such people the best of Estate Counsel. He teach­ you make a charitable institution to be met. both worlds. es and writes widely on gift of stock that would probate, trust and estate have generated a long­ Q : What are life­ For information planning issues. term capital gain had it income arrangements about giving to Boston been sold, you will get a and how appealing are College Law School, Q : What impact has the charitable deduction for they to donors? please contact Deborah Taxpayer Relief Act of the full fair-market value Blackmore Abrams, 1997 had on charitable of the property given A : In a life-income Director of Institutional and not see its value arrangement, the donor Advancement, at (617) reduced by the payment reserves the income on 552-2229. of capital gains taxes. haps more notable for This happy outcome is what it did not do than not on Iy good for the for what it did do. It did donor and for the chari­ not eliminate the federal ty, it is also proof of the estate or gift tax or even support built into the reduce it much. law for charitable giving. Although the exemption levels are being Q : When is the best increased, we're still time to set up a ttust? faced with estate and gift tax rates of 37 percent to A : Generally, charita­ 55 percent. Therefore, ble trusts are better set for people who are chari­ up sooner rather than tably inclined, reducing later. Even if a donor or even eliminating cannot part with capital estate or gift taxes by until death, a pre­ making charitable gifts arranged charitable giv­ remains an extremely ing plan can be advanta- attractive alternative to geous in offsetting high Ask the e~pe r t Michael Puzo explams how donors and the Low paying high death taxes. estate-tax rates. School both reap benefits (rom well-thought-out giving stra tegies.