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Boston College Law School Magazine
4-1-2000 Boston College Law School Magazine Spring 2000 Boston College Law School
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On the Cover: A BC Law triumvirate: (I-r) House Speaker Thomas Finneran. Attorney General Thomas Reilly. and Governor Paul Cellucci. Captured in a light moment by photographer Jim Harrison.
: ~ ~ . . - 2 POST SCRIPTS 3 DEAN'S COLUMN f . 1 13 4 FACULTY COLUMN
IN BRIEF 7 A Closer View: Students take on a death row appeal I2 Top Brass: Justice Wilkins brings real-world lessons to a class on state constitutional law I3 Proftle: Librarian Sharon O'Connor tosses a curve ball at bureaucracy and comes up with a fresh concept for how to run a library 19 20 Campus and Courts: Supreme Court Justice Scalia grills competitors in BC Law's final moot court competition. Plus: a student's first-person account ofthe experience
FACULTY NEWS & NOTES 34 In Profile: Intellectual property professor Fred Yen discovers lessons in medieval history on why society 34 is so servile to the powers ofthe Internet
ALUMNI NEWS & NOTES 40 Stock Car Maven: Jack Birmingham buys a team and revs up for the big time in NASCAR racing 43 Public Housing: Josephine McNeil doesn't take no for an answer when it comes to helping women live
43 in dignity and peace SPR I NG 2000 VOLU M E 8
Heads of State 22 The governor, house speaker, and attorney general ofMassachusetts all received their law degrees from Boston College Law School. The similarities stop there. By Brian Sullivan with Vicki Sanders
Heaven Sent After years spent making products that put astronauts into space, Darald Libby '55 and his wife, Juliet, turn their energies to other lofty goals By Vicki Sanders
A 'Dual' to the Finish 30 30 In a rapidly changing marketplace, some graduates find that a joint degree in law and business is the smoking gun ofsuccess By Linda Matchan
22
PUBLICATION N OTE BOSTON COLLEGE LAw SCHOOL DEAN: John H. Garvey EDITOR IN CHIEF: Vicki Sanders CONTRIBUTING EDITORS: Dan Booth, Stephanie Munro Carmel, Deborah J. W. Coakley, Glenn Rochon CONTRI BUTING WRITERS: Andreae Downs, Maria Karagianis, Linda Matchan, Julie Michaels, Jeri Zeder Boston Co/leg, Law School Magazine welcomes readers' commen cs. You may conracr us by phone at 617-552-2873; by mail at Boston College Law School, Barat House, 885 Centre Street, Newton, MA 02459-11 63; or bye-mai l at [email protected]. Copyright" 2000, Boston College Law School. All publication rightS reserved. O pinions expressed in Boston Colkg~ LAw School Magazint do not necessarily reflect the views of Boston College Law School or Boscon College. SCRIPTS
already the law school equivalent of running the gauntlet. It also further enhanced the A Slew of Praises legend and the mythology surrounding The Generous to an Ault Slew, which were dutifully passed down I just finished reading the last issue of BCLS from class to class. I very much enjoyed your note on Professor Magazine and particularly enjoyed the article Emil Slizewski is truly one of BC Law's Hugh Ault ("Hugh Ault: The Practical on Professor Emil Slizewski ("Telling Tales greatest treasures. Thanks for the reminder Philosopher," Fall 1999). I was struck, howev Out of School," Fall 1999). He remains one and the memories. er, by how little attention you paid to Profes of my absolute favorite professors of all time, Rick Lenz '67 sor Ault's teaching. Just as William Andrews in any setting. He was truly masterful. Simsbury, Connecticut helped Professor Ault find that elusive career Captain Robert Duncan '83 answer, Professor Ault has done the same for Needham, Massachusetts countless BC Law students. When I was a student at BC Law (and I doubt this has changed), Professor Ault's Introductory Tax Many thanks for the wonderful retrospective class was as feared as any. But Professor Ault on "The Slew." It brought back many won presented tax in such a way that some stu derful memories and provided (for me) a dents saw the beauty of the system and went rare glimpse into the man who perhaps on to careers in tax. impressed me the most during my three I am sure Professor Ault values his teach years at BC Law. ing experiences as much as those that relate to The article did a particularly good job of policy. Certainly you don't want your readers capturing The Slew's version of the Socratic to receive the impression that the faculty casebook method of instruction, including doesn't value the teaching part of their jobs as the occasional joke he dropped in without much, if not more, than the other parts. change in tone or expression to see which Garlands for Judy Lester Ezrati '76 students were really listening. What I Hillsborough, California remember most, though, is how The Slew Your article on Judy Willis '79 was one of was able to gather the sunlight coming the best articles I have read in your magazine Y2KBugged through the windows of his St. Thomas ("Barbie's Own Dream Lawyer," Fall 1999). More Hall classroom and focus its reflection I am a friend of Judy from law school. It was US Senator John Kerry couldn't possibly on the lenses of his thick eyeglasses. Then such a kick reading about all of her adven have addressed the "Century's Last Class" when he turned his head toward the student tures. I had heard most of them over the during last May's commencement ("Centu caught on the "hook" of that day's case dia years, and I can assure everyone they are all ry's Last Class Is Honored at Commence logue, the reflected sunlight would obscure true. Judy has a truly fun , challenging job. ment," Fall 1999). Unless you call him back the Slew's face and expression, thus destroy The nicest part of the article was the fact for an encore, that highlight will be provided ing any visual clues as to how the student's that you portrayed her as a kind, hardwork by someone else-for surely there is a class answers were being received by "the master." ing woman. Thank you. 2000 to be honored. All in good time. This added an extra dimension of psycholog Mary Costello '79 Edward A. Everts '70 ical terror to what, for many of us, was Boston, Massachusetts Charlotte, Vermont
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2 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 DEAN ' S COLUMN
by John Garvey
Can't Buy Me Love Law firms may court young lawyers with six-figure salaries, but how long can the romance last?
must say that my first reaction on hearing that big law firms in will be no less economically rational in their demands. New asso I Boston were pushing their starting salaries up around ciates will have to work more hours than before, and young lawyers $140,000 (I pass over the matter of bonuses) was one of unal already work hard. They will get less training and mentoring, loyed delight for our third-year students. Three years' education at because those activities get in the way of billable hours. There will an elite law school is an expensive proposition. With that kind of be less job security. A young person who doesn't show early money, new graduates who can discipline themselves to endure promise of panning out will be let go sooner than before, because one more year of delayed gratification, can payoff their education the firm is taking a bigger financial risk by keeping him or her on. loans. That's good for them, their families , and Boston College. It's And when the market softens and there is less work to do, firms bound to give law school applications a bounce (in making career will cut their costs by laying off associates, not by cutting salaries. choices, recent college graduates are exquisitely sensitive to the Then there are the side effects. Young associates often begin, or market), and that too is good for Boston College. recently have begun, families as they begin their careers. Longer These salary increases are large and sudden, but they are not the hours, more risk, and more stress will take a toll on spouses and result of frivolous or exuberant behavior by law firm management. children. Within firms, we may anticipate further movement in Boston has to keep pace with New York, Washington, San Fran salary structures and work assignments. Paralegals and secretaries cisco, and Los Angeles, where our graduates also go. And in all will want new terms. Associates may no longer get paid in lock those cities, law firms are facing competition not just from other step. (Litigators and corporate lawyers have different opportunity law firms but from new businesses (dot.coms by synecdoche). costs.) We may see more segregation by gender within firms , if Internet startups can offer a different package from law firms: less men and women feel differently about risk and work demands. salary, more responsibility, stock options, more risk, and the Law school faculties may face a brain drain. (We can't compete chance to make $5 million by age thirty. Oh, and a more casual with these prices.) wardrobe. Of course you can't fool the market. It would be silly to try to It has become a common career move for young lawyers to get solve these problems by holding down starting salaries. Perhaps two or three years of experience doing corporate work with a good what we need is more, not less, attention to the market. Instead of law firm, and then waltz off with one of the clients. If law firms offering one package to all new associates ($140,000 in return for want to retain the services of their young people, they need to 2000+ hours of work and limited job security) , why not let them make a different kind of deal, and this is what we're seeing. Salaries bargain? There are lots of really smart people who would enjoy the are just part of it. Law firms have begun to get paid in stock, and challenge and sophistication of big-firm practice, but who would they will share this with young associates give up $50,000 in extra income for the too (more risk, more upside) . Business chance to go home at 6 p.m. every night, casual is another piece of the change. It's all have dinner with the family, read to the very exciting, fast-moving, and pretty inter kids, and sit on the porch. In lean years, the esting. firm can more easily afford people like this. It's also a mixed blessing. At these rates Their schedules may leave some time for new associates do not produce enough rev training. They may be less prone to burnout. enue to cover their own compensation until And they may feel some more loyalty to the they have had several years of experience. firm for its willingness to tailor the job to Law firms exhibit a business mentality in their needs. That's something money can't paying high salaries to young people. They always buy. •
SPRI NG 2000 / BOSTO N COLLEGE LAW SCH OOL MAGAZI NE 3 FACULTY COLUMN
residential candidates George W Bush and AI Gore by James Repetti below $12,000. Since high-income taxpayers pay the Poffer some interesting contrasts in their proposals largest share of taxes, they will receive by far the greatest for tax reform. Texas Governor Bush's proposal benefits. For example, approximately 50 percent of the would result in a significant reduction of revenues from decrease in income tax revenues would inure to the bene the income tax. Vice President Gore would reduce taxes by fit of taxpayers with incomes over $200,000. The repeal of a significantly smaller amount, less than a quarter of the the estate tax would also largely benefit those in the upper cur Bush proposes. The differences between their propos A brackets. (Studies show that the children of high-income als illustrate the philosophical divide between their two parents also tend to have high incomes.) parties over how much of the tax burden should be borne Presidential These reductions raise an issue about vertical equiry by high-income people. It also reveals some of the struc Campaign for instance, are the rates making an appropriate distinc tural tensions inherent in the income tax system itself tion among taxpayers of different income levels? A policy The major aspect of Bush's plan would be to decrease Can Be maker's view will depend on his or her notions about amounts collected from individuals by $483 billion over a whether persons with high incomes should pay dispropor five-year period. He would do this by replacing the current Taxing tionately higher taxes and how much greater their tax bur rate structure of 15, 28, 31, 36, and 39.6 percent with four den should be. There is no "correct" mathematical answer lower rates: 10, 15, 25, and 33 percent. The effect, which to how progressive rates should be. Rather, one's view is is illustrated in the accompanying chart, is of greatest ben affected by opinions of what qualifies as appropriate dis- efit to those at higher income levels. Bush also tributive justice, or how sociery should allocate would repeal the estate tax, eliminate the tax penal resources among individuals. I personally ry on married persons, and increase tax incentives believe that from those to whom much has to save for education. been given, much is expected. Consequently, I Gore's proposals are much more modest, would not favor the decrease in tax rates to the decreasing amounts collected from individuals by extent the associated revenue loss will decrease $250 to $295 billion over a ten-year period: He programs to aid the needy. would accomplish this by targeting tax cuts to Proponents of tax cuts argue that they reduce the tax penalry on married couples and to increase economic efficiency by encouraging encourage savings for education, child care, low work and savings. However, theory is ambiva income housing, energy efficiency, environmental lent about the effect oflowering the tax rates on cleanups, school modernization, and investment in these activities. Indeed, theory predicts two urban and rural areas. Contrary to Bush, Gore opposite effects. The first, the substitution would not reduce the marginal tax rates. effect, posits that reducing tax rates will cause The proposals provide a textbook example of individuals to work and save more because they tax policy considerations. The basic guidelines for receive a greater reward from these activities. evaluating a tax system include vertical equiry and The second, the income effect, proposes that efficiency. No system is able to achieve all the reducing rates will cause taxpayers to work and objectives. Moreover, analysts often disagree about how Professor James Repetti '80 save less because they can maintain their current level of the guidelines should be applied. after-tax income with less work and savings. Theory does Bush's proposals result in a significant tax reduction for not designate which effect will dominate. The empirical high-income taxpayers, with the largest decreases going to studies are generally inconclusive but suggest that taxes do those earning more than $283,150 (a decrease of 6.6 per not affect decisions abour work or savings. Thus, it is dif centage points), followed by decreases of 6 percentage ficult to determine whether either candidate's proposal to points for taxpayers earning between $104,050 and reduce the tax burden will affect economic activiry. $158,550 and of5 percentage points for taxpayers earning Death and taxes. Another aspect of efficiency is the cost of complying and administering the tax system. Neither candidate's pro Table I: Joint Return Tax Rates by 1999 Taxable Income Now there's posals would simplify the tax system. Indeed, the propos als of both candidates to use tax incentives to encourage Incom e range Current m arginal Bush marginal Change certain activities, such as savings for education, cause the tax rate rate a debate. system to become more complex and unwieldy. This, in $ 0-$12,000 15 10 -5 turn, increases the taxpayers' cost of complying with the $ 12,000-$43,050 15 15 none system. $43,050-$104,050 28 25 -3 In the end, the proposals of both the Democratic and $ 104,050-$158,550 31 25 -6 the Republican candidates leave much to be desired, at $ 158,550-$283,1 50 36 33 -3 least from the perspective of a law school professor. When $283,150 and over 39.6 33 -6.6 Justice O liver Wendell Holmes stated that taxes are the price we pay for a civilized sociery, I wonder whether he
Source: Davis. "Candidate Bush's Tax Cut Plan," 86 Tax Notes 271 Oan. 10,2000) was considering the role that taxes play in a presidential campaign. _
4 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRlNG 2000 Campus news and events of note
sions, sparking attention skills, Inn members are Court. US Magistrate Up Where on campuses across the Being Part of returning to the core val Judge Marianne B. We Belong country every year when the rnn Crowd ues of the profession. Bowler (District of Mass the magazine hits the This, he believes, will achusetts) and Richard oston College Law newsstands. The rankings 'VJhat is the fastest eventually reverse the tide M. Gelb '73 (partner, BSchool was rated take into account a num W growing legal of anti-lawyer sentiment Gelb & Gelb, Boston) among the top twenty-five ber of measures, including movement in the nation? that exists in the public founded the Law School law schools in the country faculty resources, student It is an organization with mind today. Inn of Court and are its by this year's US News & selectivity, placement suc the ambitious goal of co-presidents. World Report. cess, and the mysterious redeeming the public The Law School is home "reputation score." The image of lawyers. The to the Boston College "The Inn promotes a free "While we should be care rankings also showed American Inns of Court Law School Intellectual flow of ideas, which helps ful not to attach too much Boston College Law (AIC) accomplishes this Property American Inn of maintain civility and significance to these rank School among the top six by providing an informal ings," Law School Dean schools in application vol environment in which John Garvey commented, ume this year, with 5,360 judges, lawyers, legal aca The Professional Creed "we can take some plea applicants for 270 avail demics, and law students sure in seeing that the poll able seats. can interact and learn of AIC Members has moved in the direction from one another, there • I will treat the practice vigor and will seek the of a more accurate esti "We are thrilled by the by increasing the profes of law as a learned profes most expeditious and least mate of our true worth." recognition of the qualiry sionalism and ethical sion and will uphold the costly solutions to prob The school scored twenty of our program," said awareness of the bench standards of the profes lems, resolving disputes third overall, twentieth in Associate Dean for and bar. sion with dignity, civility through negotiation the specialty rankings for Administration Michael and courtesy. whenever possible. clinical training and envi Cassidy. "It validates what Judge Patrick E. Higgin ronmentallaw, and twen our faculty, students, and botham of the US Court • I will value my integrity • I will work continuously ty-second for tax law. alumni have known for of Appeals for the Fifth above all. My word is my to attain the highest level some time-that our Circuit, in Dallas, Texas, bond. of knowledge and skill in The widely publicized applicant pool is among explains his involvement the areas of law in which rankings affect many the most competitive with the AlC in The • I will develop my I practice. prospective students' deci- in the country, that the Colorado Lawyer: "The practice with dignity and quality of our phenomenal Inns of will be mindful in my • I will contribute time instruction Court movement reflects communications with the and resources to public Exclusive Rankin~: * is first rate, more than a crying need vear public that what is consti service, charitable activi No.1 BestSeller· New for the• and that our for technical competence tutionally permissible may ties, and pro bono work. graduates in courtrooms through not be professionally , '" are in high out the country. This , . ' appropriate. • I will work to make the demand movement is carried on legal system more accessi by legal by a felt need to save our • I will serve as an officer ble, responsive, and employers professional souls. " of the court, encouraging effective. across the respect for the law in all country." The purpose of the AlC that I do and avoiding • I will honor the require -Dan is, he says, "to define and abuse or misuse of the ments, the spirit and the Booth embrace the underlying law, its procedures, its intent of the applicable Your Complete Guide to values of the legal profes participants and its rules or codes of profes More Than 1,000 Progl SPRING 2000 / BOSTON CO LLEGE LAW SCHOOL MAGAZIN E 5 communication between arise in my own future getting to know one erwise would not get to other members of the US the bench and bar," practice. Overall, the Inn another on a personal level. know," says Eileen Herli Supreme Court are Inn Bowler says. "It is a great has given me exposure to hy, an attorney with members, as are nearly advantage for both attor the more practical side of The Inn's monthly dinner Goodwin, Procter & half of all federal district neys and judges to have law and how to deal with is followed by a program Hoar LLP. "The monthly judges and many state the opportunity to get it, something that is that can take the form of programs put into per judges. As William together in an informal rarely found in a law a skit enacted by Inn spective what you are Enright, senior judge of atmosphere to discuss school course." members, a lecture by a supposed to be doing in the US District Court for legal issues." guest speaker, or Trivial your profession." Herlihy the Southern District of Gelb also stresses the value Pursuit-style games that will become co-president California, told The Professor Fred Yen likes for students: "They hear test legal and ethical of the Law School Inn Colorado Lawyer, "Every the sense of community lawyers deliberating gray knowledge. An open dis with Judge Bowler this one gripes about profes that the Law School Inn cussion follows. "You sit autumn, when Gelb sional standards and fosters, as well as the down and have dinner plans to step down. advocacy skills, and here, contact with intellectual with people, who may by God, is something property practitioners. even have been opposing Chief Justice William H . you can do about it! " _ "I think that the goals of counsel, whom you oth- Rehnquist and several -Stephanie Munro Carmel '95 the court-collegiality, ethics, and good prac tice-are important," he says. For young attorneys, Inn All About the Inn of Court membership offers an opportunity to learn about the real life of History experience), barristers new attorneys, providing attorneys and judges. (lawyers with three to fif immersion in the English Peter Weinstein '00, an • Originated in England. teen years of experience), and American courts. attorney with Goodwin, There are four Inns in associates (lawyers with Lodging expenses and a Procter & Hoar LLP, is Honorable Marianne Bowler London. Membership is less than three years of modest stipend are sup in charge of student says the Inn "promotes a free ~ow of ideas, which helps main required of all barristers. experience), and pupils plied by the American tain civility and communication Inns educate, govern, and (law students). Inns of Court Foundation. between the bench and bar." protect their members. Founders of the Be Inn • The Temple Bar Foun areas and not coming • The American Inns of dation selects four new away with a definitive Court Foundation, which Richard Gelb '73 (partner, US lawyers to participate resolution. Usually, stu charters individual Inns, Gelb & Gelb, Boston); in a one-month introduc dents think that attorneys was established in 1985. Marianne B. Bowler (US tion to the English legal come away from discus magistrate judge, District system. Applicants must sions with the 'right' • Inns usually have mem of Massachusetts); meet the following answer." He says that the bers from diverse back Michael Cassidy (associate requirements: 1) high Inn's programs provide grounds, but also may dean, BC Law); Fred Yen academic achievement in an accurate simulation of focus on one area of law. (professor, BC Law); law school, 2) experience the types of discussions William G. Gosz (of as a law clerk for a justice that occur among attor • There are now 300 counsel, Wolf, Greenfield of a leading appellate neys on a daily basis. American Inns of Court & Sacks, P.c., Boston); court, and 3) demon with a total of 24,000 Martin O'Donnell '64 strated interest in interna "I come away energized about the practice of law:" says Inn Inn participants say that active members and (partner, Cesari & tionallaw issues. Lodging, co-founder Richard Gelb. sitting down to dinner 27,000 alumni. McKenna, Boston); and air transportation, and with their fellow mem William A. D. Wise Jr. a modest stipend are recruitment for the Law bers each month provides Membership (corporate counsel, Analog provided. School Inn. Through the them with a camaraderie Devices, Inc.). organization, he says, "I and personal contact that There is no admission have been exposed to the is sometimes lacking in process, but Inns are limit Inn Exchanges Further Information thinking and problem the larger bar association ed to seventy or eighty solving abilities of attor meetings. Because an members: a mix of judges, • The Pegasus Trust Schol The AlC Web site is neys, many of whom Inn's membership is lim masters (lawyers with arships are three-month www.innsofcourt.org. have practiced for several ited to approximately more than fifteen years of exchange programs for -SMC decades, regarding real seventy people, members world situations that may are virtually ensured of 6 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 A CLOSER VIEW Pedagogy Meets Public Service on Death Row ooking ahead to Phyllis Goldfarb's seminar was working closely with Goldfarb herself. "She was in it L on the death penalty, Norah Kane '00 told the with her sleeves rolled up," says Weyland. "We would not professor that she "didn't want to just write another have had this opportunity if it weren't for her," adds paper. I wanted to work on a real case." Goldfarb Kane. responded that she was a strong believer in the clinical The students were deeply affected by their experience. method of teaching law and that, in fact, she had been "I didn't expect there would be such overwhelming evi looking for a clinical niche in this area of the law. dence in his favor. That this country would want to exe Thus began a collaboration among Goldfarb, Kane, cute him on a record like this . .. ," Weyland muses in and Sarah Weyland '00, another student in the seminar. disbelief. Together they filed a petition for certiorari in the US According to Kane, the client fits the profile of so Supreme Court on behalf of a Pennsylvania death row many on death row. An African American man, he was inmate. twenty-four when he was sentenced to death more than For Goldfarb, the challenge was to find an appropri eighteen years ago. Kane visited him in prison. Clearly ate place for law students to contribute. Typically, capital moved by the encounter, she says, "I couldn't believe how cases are appealed to the state's highest court, at which his numerous constitutional rights were violated. It was point an inmate may petition the US Supreme Court for overwhelmingly unjust. And then, you have a face in certiorari. If the Court denies cert, the case goes to feder front of you." al court for habeas corpus proceedings and eventually Goldfarb doubts the Court will grant certiorari at this returns to the Supreme Court if the inmate receives no stage of the process; only rarely has it done so before relief at the lower level. exhaustion of habeas appeals. However, the state's attor Goldfarb rejected habeas practice for students, both neys are preparing an opposing brief. "This is unusual," because of the high stakes involved-any issues not Goldfarb says. "It suggests that they believe our brief was raised would be waived on appeal-and because habeas good and raised important arguments." cases can take too long for students operating within the Goldfarb, who hopes to starr a clinical program in confines of a semester schedule. Petitioning for cert after this area, says "capital casework with clients is an impor denial of state court relief was a better match. The stakes tant learning resource for students, but students are also The courtroom where Sacco and were lower, it fit within semester boundaries, and the stu an important learning resource for clients, especially the Vanzetti were sentenced to poor. Law students can fill a void that the bar hasn't been death is the backdrop for (I-r) dents' work was needed. Public defenders, with their lim Sarah Weyland, Norah Kane, and able to fill. Everyone should try to create these opportu ited resources, tend not to devote their energies here. Professor Phyllis Goldfarb, who Since Massachusetts has no death penalty, Goldfarb nities for these reasons." _ are working on a death row looked to Pennsylvania for an appropriate case. "It has a -Jeri Zeder inmate's appeal. huge death row and is close to Boston, so the students could visit the client if they wanted to," Goldfarb explains. She also saw an advantage in the fact that David Souter, presiding justice over the Third Circuit, which includes Pennsylvania, is known for his leniency in granting extensions of time. As it turned out, the case, which Goldfarb says was chosen randomly by the defender's office, gave them all reason to believe that their client was factually innocent and had not received a fair trial. "No live testimony was presented. Everything was hearsay, much of it quite con testable. The only eyewitness did not appear at trial, and he may have been a suspect, not a witness," says Gold farb. "The prosecutor relied on emotion, not evidence." Accordingly, the petition focuses on violation of the confrontation clause, prosecutorial misconduct, and inef fective assistance of counsel. "Nora and Sarah studied the full case record, identified the legal issues, made decisions about cert-worthiness, and drafted the petition," says Goldfarb. For the students, one of the greatest benefits SP RING 20 00 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 7 tion Trust. Income from attorney offices in Suffolk dation from the Ku Klux Loan Repayment the trust, along with gifts County, Massachusetts, Activist Elaine Klan. She was counsel of Assistance: Do from alumni and others, and Nassau County, New Jones Speaks at record in the landmark You Qualifyf provides funding for the York; as well as Southern Commencement US Supreme Court case Willier awards. Arizona Legal Aid. Furman v. Georgia, which The new millennium Defending inmates on abolished the death penal- marked a significant Over its twelve-year histo- Willier applications are death row. Facing ty in thirty-seven states. increase in the funds avail- ry, the Willier program available in early October; down harassment from the She also argued class able for public interest has aided ninety Law the submission deadline is Klan. Opening the US actions against some of the attorneys via the William School graduates in the December 1. Awards are Coast Guard to women. nation's largest employers. Willier Loan Repayment repayment of their educa- paid to recipients in Janu- Working to make the fed- Since she took charge of Assistance Program. This tionalloans. Eight of this ary and are renewable eral judiciary more the LDF in 1993, she has year, twenty-two Law year's recipients are new to annually. To receive infor- responsive to equal rights. broadened its mission to School graduates will the program, and fourteen mation and an applica- These are some of the include health care reform receive a total of $81 ,000 are renewals. Seven work tion, please forward your many accomplishments of and environmental justice, in loan repayment assis- for the Committee for name and address to: Elaine Jones, president even as it continues to tance, which represents an Public Council Services. Office of Admissions and and director-counsel of pursue equity in educa- 18 percent increase over Other organizations that Financial Aid, Boston the NAACP Legal tion, housing, employ- the 1999 awards. employ Willier recipients College Law School, 885 Defense and Education ment, voting rights, and Amounts range from include Greater Boston Centre Street, Newton, Fund (LDF), where she the criminal justice system. $1,500 to $5,000, with a Legal Charities; the Politi- MA 02459 or e-mail to has championed equal jus- median award of $4,000. cal Asylum Project of [email protected]. _ tice for almost thirty years. Jones's career includes Austin, Texas; district -Stephanie Munro Carmel '95 many "firsts." She was the In order to be eligible for On May 26, Jones deliv- first female African Ameri- a Willier award, potential ered the commencement can to graduate ftom the recipients must provide address to the Boston Col- University of Virginia Law the Law School with a lege Law School Class of School; in 1989, she commitment letter and a 2000. "Ir's a chance to became the first African promissory note confirm- teach one last lesson American elected to the ing that they intend to Par.ment Options There are three options before our new alumni board of governors of the remain in a law-related for repaying your loans: walk out the door, " said American Bar Association; public interest position for SUit Different Dean John Garvey. "She is and in 1993, she became the year of the award and Budgets o Standard Repayment the type of lawyer we the first female to head will repay it if they do Plan. Equal monthly pay- would like them to the LDE _ not. They must also Recent graduates: Are ments are made for ten become. " -Dan Booth promise to use the award you wondering how years. solely for the repayment of much your monthly pay- o Graduated Repayment Jones joined the LDF in Phowgraphs oftheAfay com- law school educational debt. ments will be to repay Plan. Monthly payments 1970, defending death mencement wiU appear in the your law school loans? Or begin at a low level and row inmates throughout faU issue of Boston College Other requirements are what options you have for increase over time. the South despite intimi- Law School Magazine. that first-time applicants repayment plans? The Law o Income-Sensitive Repay- must have graduated from School's financial aid ment Plan. Monthly pay- Boston College Law office has programs avail- ments are based on yearly School within the past five able to answer these ques- income and loan amount. years and be employed on tions. As income increases or a full-time basis in a pub- decreases, so does the lic interest job earning The office can provide monthly payment. $37,500 or less. There is a you with a repayment salary cap of $47,500 to summary of your loans, as Anyone with loans to remain in the program. well as with a consolida- repay will automatically tion summary for Stafford receive a Loan Profile and The Willier program was Loans. You can take this a Repayment packet. If you established in 1988 to step further and have the would like to review your assist new and recent grad- office calculate a budget loan repayment or consoli- ua,tes who pursue public summary based on your dation options, please interest law careers. It is state of residence, annual contact the financial aid named for a former Law salary, and student loan office at 617-552-4243. _ payments. -SAfe School professor who Elaine R Jones taught one lost lesson to the graduating closs of 2000 helped establish the at commencement "She is the type of lawyer we would like them to Boston College Publica- become," said Dean John Garvey. 8 BOSTON CO LLEGE LAW SCHOOL MAGAZINE / SPRING 2000 A Child's Dilemma Race for the Cure The Boston College Law The fourth annual Race Review and the Latino Law Campus lectures, visitors, symposia Ipsa Loquitor run upheld its Students Association pre successful tradition last fall, sented a panel discussion Compiled by Stephanie Munro Carmel '95 raising more than $1 ,000 on Elian Gonzalez's case for the Lutch Scholarship last winter, as the tensions Fund and $700 for the between the US and Cuba Dana Farber Cancer Insti were heating up over who tute's Jimmy Fund,The had custody rights to the opposed to legal aid lawyers Daniel R. Coquillette Rare scholarship fund was creat boy, Panelists included Law assisting tenants in disputes GAY and Book Room. The exhibit ed in memory of Dean School Professors Ruth against small landlords) and contained 200 years' worth Brian Lutch, who passed Arlene Howe, Daniel Stephanie Balandis, an LESBIAN of law students' class notes, away from cancer in 1995, Kanstroom, and David attorney from the Housing as well as an assortment of More than 100 law stu Wirth, as well as UMASS Unit of Greater Boston EDUCATORS doodles, calligraphy, and poet dents, faculty, and adminis Boston Professor Miren Legal Services, discussed ry Highlights included notes trators ran or walked the PERSO NAL Uriarte, who specializes in their respective positions of an anonymous student three-mile course through FREEDOMS, Latino studies, race, and on landlord-tenant laws, of famed English jurist Sir the Law School's Newton ethnic relations, legal services practice, and PUBL.IC William Blackstone; short neighborhood, The race is the best way to sustain C O NSTRAINTS hand notes taken by sponsored annually by the Taking Back affordable housing, Samuel Williston (author of Law Students Association KAREN M, HARBECK, PHD,jD the Streets the renowned treatise, and the Boston College Dream Job Hunting Williston on Contracts) in Chapter of the ABA's Law The Community Economic Career Services and the James Barr Ames' Harvard Student Division, Development law group of Public Interest Law Founda Law School legal history the Public Interest Law Speaking Out tion sponsored a public class; US Supreme Court Foundation collaborated Attorney Karen Harbeck interest law reception to Justice Thurgood Marshall's last February with the spoke at the Curtin Center introduce students to typewritten notes on Graduate School of Social for Public Interest Law in career options in the field, hearsay; and notes taken by Work to host a panel dis the East Wing about her A Civil Actor Sara Compton '00 both students and teachers cussion about the Dudley experiences as an advocate Grace jones, staff coun offered advice on pursuing at the Litchfield Law School Street Neighborhood Initia for gay youth in schools, sel of the Lawyers' Com a public interest career and in Connecticut, the nation's tive (DSNI), a successful Harbeck is the author of mittee for Civil Rights detailed the steps taken to first law school. grassroots community two books and a former Under Law of the Boston obtain her "dream job" as a development effort in the executive director of the Bar Association, was on deputy prosecutor; Profes Roxbury area of Boston, National Institute for Gay, Defending the Giant campus in February to sor Leslie Espinoza The event began with a Lesbian, Bisexual, and Trans Richard M. Salsman, speak about her career in commented on the Law presentation of the DSNI gender Concerns in Educa senior vice president and civil rights, including her School's clinical programs; movie Streets of Hope, tion, She also chaired the senior economist at H, C focus on race and nation and Witold Walczak '86, which traced the group's education committee of the Wainwright and Company al origin discrimination, executive director of the activism, Afterwards, DSNI Massachusetts Governor's Economics, an economic She also commented on American Civil Liberties activists Ros Everdell Advisory Commission on forecasting and investment the current state of civil Union in Pittsburgh, dis and john Barr spoke Gay and Lesbian Youth, Her advisory firm in Boston, rights, cussed civil rights law, Dean with students, February appearance at the came to the Law School john Garvey also attended, Law School was sponsored in November to speak Small Landlords by the Juvenile Justice Clinic, about the Microsoft the Women's Law Project, antitrust case, He took the v. Greater Boston the gay and lesbian student perspective of supporting Housing Unit organization LAMBDA, Microsoft's side of the argu Professor Paul Tremblay, Career Services, the Civil ment. Salsman's work has as part of his Homeless Rights Project, and the Law appeared in the Wall Street ness Litigation Clinic, invited Students Association, Journal, the New York Times, representatives from both Investor's Business Daily, sides of the affordable Forbes, Barron's, and The housing issue to debate at Notably Rare Intellectual Activist.The talk the Law School in January The Law School Library was sponsored by the Skip Schloming of the Witold Walczak found his dream ran a new exhibition, Federalist Society and the Small Property Owners job as executive director of the Notable Notes, through Committee for the Moral Civil Rights Activist Groce Jones Association (a group ACLU in Pittsburgh, December 1999, in the Defense of Capitalism. visited the campus, SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 9 Outreach for enforcement, and moderat Philadelphia the Eight ed a panel on the current Revisits Boston re-thinking of judicial The Domestic Violence Two representatives of the review.The conference, Outreach Project spon Alumni Association's entitled "US Immigration sored a screening of the Philadelphia Chapter visited Policy at the Millennium: documentary film Defending the Law School in March. With Liberty and Justice Our Lives in December. President Denis Cohen For All ... ?" took place in The subject of the film is '76 and executive commit December. at Harvard Law the "Framingham 8;' a group tee member Walter School. of eight women who were McDonough '79 toured serving time in a Massa the Law School's new facili chusetts state prison for ties, attended classes, and Covering killing their abusive part Alan Greenspan was a highlight of a financial summit at Be. met with faculty. staff. and ners. Following the film, a Public Interest students. They finished with panel discussion was held The thirteenth annual Cov dinner at the Boston Col on efforts to obtain er Retreat, a weekend con Financial Summit lege Club in Boston. clemency for the women. ference for public interest at The Heights Professors judith advocates, academics, and "The Boston College McMorrow and Phyllis students, took place in Finance Conference 2000: Setting International Goldfarb, with Attorney March in Peterborough, The New Economy" was Precedent Sandy Lundy- who rep New Hampshire.The event held in March at Conte Pierre-Richard Prosper, resented Debra Reid, one was organized by BC Law Forum on the main cam US Department of State of the Eight- spoke about School and Yale faculty as a pus. Congressman Edward special counsel and policy their experiences. living memorial to Yale Pro j. Markey '72 (D-Mass.) adviser-at-Iarge for war fessor Robert M. Cover, and University President crimes issues, gave a lecture Doing Lunch a dedicated legal scholar William P. Leahy, S.j., at the Law School entitled and activist. The event served as co-chairs of the "Genocide and Crimes with the D.A. Congressman Edward Markey brought together fifty public event, which was broadcast against Humanity in the At a Criminal Law Brown 72 was among the summit interest advocates and aca live on CNBC. More than United Nations Criminal Bag Lunch Discussion in luminaries. demics with 100 law stu 1,000 guests attended, Tribunal for Rwanda." Pros December at Stuart dents to network, discuss including Boston College Greenspan, Secretary of per is former lead prosecu House, students met Attor areas of mutual interest trustees and other promi the Treasury Lawrence tor for the United Nations ney Diane juliar, a former and concern, and consider nent business leaders and H. Summers, Securities International Criminal Tri public defender who also strategies for social change. public officials. Highlighting and Exchange Commission bunal for Rwanda. He suc spent twenty years with Van jones, executive the list of leading economic Chairman Arthur Levitt, cessfully prosecuted the the Middlesex County director of the Ell a Baker experts who spoke at the and Federal Communications first case of genocide and [Massachusetts] District Center for Human Rights in conference were Federal Commission Chairman argued for the recognition Attorney's office. She cur San Francisco, was the Reserve Chairman Alan William E. Kennard. that rape committed in rently teaches a clinical keynote speaker. time of conflict is an act of course on prosecution at genocide. The April event Harvard, and began teach was sponsored by the ing Introduction to Lawyer Owen M. Kupferschmid ing and Professional Dinners with Law Students Association Holocaust/Human Rights Responsibility here at the Diversity presented The Color of Fear, an emotional exploration Project. Law School in January. March was Diversity Month of racism. at the Law School, and the Coming to America Asian Pacific American Law The Law School's Immigra Student Association cele Animal Ethics tion and Asylum Project brated with two "Dinner The Student Animal Legal co-sponsored a national and a Movie" events. The Defense Fund featured its immigration conference Hindi film Bombay was first speaker in March. Paul with Harvard Law School's presented, preceded by a Waldau, vice chairman of Criminal Justice Institute traditional Indian dinner. the Great Apes Legal Pro and Immigration Refugee The Joy Luck Club was co ject and professor of veteri Clinic. Professor Daniel sponsored by the Women's nary ethics at Tufts Univer Kanstroom was a panel Law Center and was sity, spoke in Stuart House member for a discussion of Van Jones captured the interest accompanied by traditional regarding animal rights legal current trends in criminal of the audience at the Cover Chinese fare. The Diversity theory and the Great Apes Pierre-Richard Prosper, expert on and immigration law Retreat Month committee of the Project. war crimes issues 10 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 eigners in the US. His pre- tion that has fought for consisting of Dean john sentation, "Liars, Traitors, more than three decades Garvey, Associate Dean and Spies: Asians in the to improve the quality of Michael Cassidy, Associ- American Legal Imagina- life in the South End neigh- ate Dean Norah Wylie tion," focused particularly borhood of Boston by '79, and three Law School on Dr. Wen Ho Lee (no improving access to afford- students: Tanisha Sullivan relation), the nuclear physi- able housing, youth educa- '02, Lawrence Ma '0 I , cist who stands accused of tion, and computer training. and Adrian Guerra '00, spying for China at the Los The April event was spon- who are presidents of. Alamos Nuclear Laborato- sored by the Community respectively. the Black Law ries in New Mexico. Brant Economic Development Students Association, the Lee was former legislative Law Group of the Public Asian Pacific American Law counsel to the chairman of Interest Law Foundation. Students Association, and Roger Clegg, panelist and lecturer the Senate Judiciary Com- the Latino Law Students Humanitarian Marion Pritchard on disabilities law visited the Law School in April. mittee and the Subcommit- Association. A Voice for tee on the Constitution, Should Felons Vote? and also served as the Rescue and the Disabled The American Bar Associa- deputy staff secretary and tion sponsored a discussion Resistance Roger Clegg, general coun- special assistant to Presi- on campus entitled "Felony Marion Pritchard, who sel for the Center for Equal dent Clinton. Dean john Disenfranchisement Laws: has been honored by inter- Opportunity, a conservative Garvey, Professor Fred When People Lose the Right national, religious, and secu- Washington, DC, think tank, Yen, and the Asian Pacific to Vote!" in April. The pan- lar organizations for her came to the Law School in American Law Students elists were Roger Clegg, efforts in saving more than April to talk about the Association hosted the who also gave a separate 150 Jews during the Holo- Americans with Disabilities event, which was held in lecture on disabilities law; caust, spoke at the Law Act. Clegg was formerly a the East Wing last spring. Stephen Saloom of the School in April. As a twenty- deputy assistant attorney Criminal Justice Po li cy two-year-old social worker general in the Justice Coalition; and the Honor- in Holland, Pritchard wit- Department with both the The Nitty Gritty able Herbert Wilkins, nessed Nazi brutality against Environmental and Natural of Legal Research former chief justice of the Jewish children and had the Resources divisions, and the The Law Librarians of Massachusetts Supreme courage and compassion to Civil Rights Division.The New England sponsored Judicial Court and a visiting US Olympic Committee help save many Jewsh people. lecture was sponsored by an Introduction to Legal professor at the Law President William J. Hybl The event, which was held the Federalist Society. Research course at the School. in the East Wing, was spon- Law School Library during Olympic Event so red by the Jewish Law Liars, Traitors, March and April.The Town Hall Meeting The direction of the Students Association and class was taught by Legal and Spies "The Past, Present and Olympic movement in the the Law Students Associa- Reference Librarian joan Future of Students and Fac- new millennium was tion in commemoration of Professor Brant T. Lee of Shear. Attendees included ulty of Color at BCLS" was explored by William Holocaust Remembrance the University of Akron some lawyers, as well as the topic of a Law School Hybl, president of the US Day (Yom HaShoah). In School of Law traced I 50 several non-lawyers who Town Hall meeting in April. Olympic Committee 198 I ,Yad Vashem, Israel's years of case law and work in law libraries. The Three primary issues were (USOC); Steve Greyser, national Holocaust muse- statutes to explore how course is offered at the addressed: I) the admis- Richard P. Chapman profes- um, awarded Pritchard the Asian Americans have Law School twice a year sions process, to under- sor of marketing at Har- title "Righteous among the been considered racial for- and is popular because of stand what BCLS looks for vard Business School; and Nations" for risking her life its practical, "hands-on" when creating the student Bill Stapleton, chair of to save Jews. instruction. body; 2) the hiring and the USOC Athletes' Advi- tenure process, to under- sory Council and agent for APALSA Banquet Tent City stand how BCLS finds and Tour de France winner The Asian Pacific American David W . Price '91 , exec- retains faculty members, Lance Armstrong.The Law Students Association utive director of the Tent especially faculty of color; panel discussion was mod- had its annual banquet in City Corporation in and 3) the student experi- erated by Paul George, April at the Victoria Boston's South End, came ence, to understand how vice president of the Seafood Restaurant in to Stuart House to speak the lack of representation USOc. The Arts, Media, Brighton, Massachusetts. about his fifteen years of affects students of color. Entertainment, and Sports The Honorable Richard experience in the commu- The meeting was moderat- Law Organization spon- Chin '74, associate justice Professor Brant T Lee explored nity economic development ed by local consultant sored the event, which of the Superior Court in discrimination against Asian field. Tent City is a commu- Verna Myers. Questions took place in April in the Boston, was the keynote Americans. nity development organiza- were addressed to a panel East Wing. speaker. SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE II ed States Supreme Court protection divisions of enjoyed learning about all for the recent ruling of Tapping Top is cutting back on consti their state charters." of the ways the rights of that state's highest court in Constifutional tutional protections of the citizens can be protected Baker v. State that the Ver Brass Bill of Rights, a course And that's where Wilkins under state constitutions," mont legislature must Justice Wilkins like this takes on greater comes in. The author of she says. either permit same sex and greater importance," many of his court's most couples to marry or grant helps students Baron says. "State supreme important decisions inter Baron's class is relatively them the legal benefits of appreciate courts are rediscovering preting Massachusetts's small, consisting of ten to marnage. states' roles and reinvigorating long Declaration of Rights, twenty students, some of dormant provisions of Wilkins is a walking ency whom will go on to clerk The 1993 decision of the their state constitutions clopedia on state constitu for supreme courts or do Massachusetts Supreme tate constitutional that lapsed into relative tions. "He brought to the criminal defense or civil Judicial Court in McDuffi Slaw is a hot topic at disuse in the early 1900s class a wonderful perspec rights work that draws v. Secretary ofthe Executive Boston College Law when the US Supreme tive, very theoretical and heavily on state constitu Office ofEducation illus School. And it just got Court began to enforce also very practical," Baron tionallaws. One of the trates the use of a different hotter. Thanks to class the Bill of Rights. As the says. Wilkins, in turn, challenges-and assets sort of state constitutional toom visits by former Burger and Rehnquist says he was gratified by of the course, says Baron, provision without a federal Massachusetts Supreme courts have cut back on the interest of the students is its comparative nature. analogue--"positive Court Chief Justice Her these protections, state and their rigorous "We're dealing with fifty rights" clauses imposing bert Wilkins this spring, a supreme court justices questions. one constitutions-the duties to deliver enti tle subject that has increasing have found themselves fifty states's and the ments to the people, significance in the discus turning anew to rights "We were able to contrast US's-and that provides Baron says. In McDuffY, sion of rights across the our guesses as to why state provocation about funda the court found Massa land, took on clearer, courts may have done mental issues of constitu chusetts to be providing The Massachusetts Law more compelling dimen Review devoted on issue to things with Justice tionallaw. You don't get inadequate public educa sions for students. the accomplishments of Wilkins's thoughts on why that in a class on the fed tion in violation of Ch. 5, Wilkins, who is a visiting he thought they might eral constitution because Sec. 2, Pt. II of the Massa The State Constitutional professor at the Low School. have," says Pat Chris you're so busy just trying chusetts Constitution, Law seminar, one of only tiansen '01. She also to keep up with the doc which imposes on the about a dozen offered found the course as a trine. When you get into state a duty to "cherish the nationwide, has been whole edifYing. "The what's fundamental about interests of ... public taught for eight years by states have the right to do state constitutions, the dis schools and grammar Professor Charles Baron. more than I originally cussion is really incredibly schools in the towns." ''At a time when the Unit- thought they did, and I rich and philosophical." Other state constitutions also impose duties to pro In many instances, Baron vide public welfare or explains, the rights protec medical care to the poor tion provisions of state and disabled. constitutions take forms significantly different from No discussion of state those of the US Constitu constitutional law is com tion and have very differ plete, Baron says, without ent histories. For example, a nod to history. After all, most state constitutions he points out, the consti do not contain equal pro tutions of several of the tection clauses like that of first states served as mod the Fourteenth Amend els for the Constitution of ment. Instead, they typi the United States. John cally contain disparate Adams, the author of the provisions that are inter Massachusetts Constitu preted together to supply tion (ratified in 1780 and effects similar to that of now the oldest written the Equal Protection constitution in the world), Clause, while at the same exaggerated only a bit time holding meanings when he bragged: "I made that extend, in some a Constitution for Massa respects, beyond the feder chusetts, which finally al provision. Clauses of made the Constitution of Professor Charles Boron (D and former state Supreme Court Justice this sort in the Vermont the United States." - Herbert Wilkins bring issues of practicality and philosophy to a constitution were the basis - Vicki Sanders closs on state constitutional low. 12 BOSTON COLLEGE LAW SCHOOL MAGAZI NE / SPRJNG 2000 Pensive and Pla~l, O'Connor Personifies the New Ubrarian' ne of Sharon Hamby and faculty-but the ways O O'Connor's gifts in which we fulfill our is her ability to persuade mission is changing as the anyone who will listen that kinds of media grow. the life of an administrator There is a tendency today is a thrilling life indeed. "I to think that technology is know that administration the defining aspect, but can be thought of pejora what I get more excited tively," she says, grinning about is the big picture; at the understatement. that's what is interesting "But I just think it's vety and important. Technolo exciting. Working with gy is simply one of the others to construct a vision tools to fulfill the big pic and working together ture." Among the latest through a variety of steps to get there is incredibly exciting." It's true that in her rwenty picked one of the three mid-1980s (a master's in years as head of the library career options open to environmental studies at Boston College Law females in those days from Yale), and co- School, there has hardly (teacher, nurse, or librari- authored the prize-win- been a dull or stagnant things on that big-picture opportunity and motiva- an). She received her bach- ning 1995 book, A Guide moment. When she agenda are developing cion to work collaborative- elor's degree from South- to the Early Reports ofthe arrived in 1979, there was more guided research Iy toward mutually agreed- ern Methodist University Supreme Court ofthe not a single computer in instruction at the upper upon goals. Redirecting and headed to New York United States. But she still the library, the staff num levels of the curriculum, the work flow in this way for a master's in library sci- finds time to head for the bered eleven, and the col working with main carn- is important, she says, ence at Columbia Univer- hills for hikes with her lection consisted of about pus on a new, integrated because it's more flexible sity. Then she worked as a husband of eight years, 132,000 volumes. Today, library system, and com- and puts the library in the librarian at Harvard Uni- Ron O'Connor. She loves there is a new, $16 million pleting the upgrading and position to respond quick- versity for several years a good mystery novel and library housing nearly replacement of all comput- Iy to the constant and before deciding to study is an avid reader of chil- 383,000 volumes, and the ers at the Law School. often dramatic changes for her law degree there. dren's books, "usually those library has become the that the fast-paced world Getting her J.D., she says, for ten to rwelve year olds," Law School's technical O'Connor describes her- outside demands. "Build- "is one of the top five hap- she says, "though at the headquarters. It supports self as shy, but she is a ing a vision for the library py things in my life. I moment the Captain Un- faculty scholarship and powerful force at the Law -that's my job," O'Con- liked the way people who derpants series has to rank state-of-the-art classes in School, one whose diplo- nor says. "You have got to went to law school could right up there on the list." legal research, manages the macy, intelligence, and have a sense of where think, the way they could school's computing needs, persistence translate into you're going, and you have take issues, weigh the pros "Sharon's contributions and seeks ways to bring significant accomplish- to be able to work with a and cons, and evaluate," to the Law School are sophisticated technologies ments. For example, she group of people who share she explains. "I thought it immeasurable, " says into the classroom and was a member of the a vision and contribute to would be cool to be able Dean John Garvey. "She workplace. building committee that creating it. You have to to think that analytically." is a dynamic, thoughtful oversaw the design and marry institutional goals force for change and inno- Technology has revolu construction of the new with personal goals." Despite the implication of vation. There is no ques- tionized the ways libraries library, a daunting task her lengthy ti cle, associate tion that one of the rea- function, O'Connor that took many years from Few might have expected dean for library and com- sons for the school's high acknowledges, but she also planning to completion. such ambitions of the puting services and associ- standing as one of the keeps its role in perspec She has overhauled the bookish country girl who ate professor of law, nation's most wired- tive. "Our mission hasn't management structure of grew up among the cotton O 'Connor says her life is intellectually and techno- changed-to acquire, eval the library by "flattening and soybean farms of west- not all work and no play. logically-is Sharon uate, and preserve materi the hierarchy," as she puts ern Tennessee. When it She did slip another degree O 'Connor." _ als and to help students it, and giving her staff the carne time for college, she into her resume in the - Vicki Sanders SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZI NE 13 A CLOSER VIEW PlLF Expands Projects, Sets New Goals he results are in. Boston College Law School has creating new projects such as the Indian Law Group and T one of the top twenty public interest programs the Student Animal Legal Defense Fund, which were in the country, according to a survey by The established this year. With PILF initiatives now totaling National Jurist magazine. The school measured well for its ten (see below), the wide range of causes it promotes has efforts to ease student debt, place graduates in public sec brought more students into the fold. tor careers, and help students get experience in the field. PILF's expanded presence helps it lobby for more "So many people come to the Law School because of resources at the Law School, Eldridge says. O ne of the the public interest atmosphere," says Jamie Eldridge '00, group's primary goals is to reduce debt fo r students who president of the Public Interest Law Foundation (PILF), a want to pursue public interest careers. student gtoup that plays a large tole in the school's public Even with the Law School's nationally recognized interest presence. "If it's promoted in the application public interest programs, many graduates find it difficult booklets and it's bringing people in here, there should be a to afford careers in the field. "With the average graduate commitment to give people a real facing a $66,000 debt, many students have to go to work opportunity." at big law firms," Eldridge says. T his year, the Law To that end, PILF has expand School increased funding of the William W illier Loan ed greatly over the last couple of Repayment Assistance Program by 18 percent, bringing years. Founded in 1984, the group the median debt relief award up to $4,000 per recipient. has long offered stipends to stu "T he improvement is great, but the reality is, it's not dents working summer jobs in the going to make enough of a difference yet," he contends. public sector, but it has recently PILF proposes a substantial increase to the loan assis begun to broaden its profile by tance fund. chance to volunteer as Students Engage in advocates on behalf of a Variety of "Causes children in the criminal court, through the state's The student group PILF University's Boston Court Appointed Special operates ten projects that Medical Center Domestic Advocates Program. focus on various aspects Violence Research and of public service work. Advocacy Project. Stu • BC Law against the Whether providing stu dents interview women Death Penalty educates dents with direct oppor in the emergency room the college community tunities for advocacy, and offer information and local legislators on the bringing speakers to cam and services. disadvantages of capital pus, or serving as liaison punishment. to off-campus service • The El Paso Asylum groups, these projects are Project and the Miami • The Civil Rights Group the most public face of Asylum Project enable is an umbrella organiza PILE students to head south for tion for students pursuing Joseph Holden '0 I, Amy a week every year to help advocacy across the spec Vosburg '0 I , and Peter • The Conununity Eco people with immigration trum of civil rights. Farah '0 I get a big kick nomic Development Group problems. out of the goings-on at combines corporate, litiga the PILF fundraiser. • The Student Animal tion, and real estate law to • The Criminal Law Legal Defense Fund edu improve conditions in Group informs students cates and lobbies for ani poor communities. on career opportunities mal rights. within the fields of public • The Domestic Violence criminal defense and • The Indian Law Group Outreach Project raises prosecution. concentrates on the legal awareness on domestic concerns of Native violence issues and partici • The Children's Rights Americans. _ pates in Northeastern Project gives students a -DB 14 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 oughly Crime Pays researched in a in Clinica way that can Experience only be done in a clinical setting, s every attorney where there is A knows, the key to time to focus on maintaining some mod one case." icum of control in a trial is preparation, but prepara And focus they tion takes time. This year, did. In one case, ~ students enrolled in the a student, antici- ~ Law School's fall criminal pating that pros- ~ trial clinic had the option ecutors would "You have to live inside a case to get it" says to continue their work in try to block cer Professor Josephine Ross (r), whose criminal the spring, enabling them tain evidence clinic was expanded this year: (I-r) client to see their cases through from trial, did Aldaberto Dossantos and students Kathy Lind from arraignment to trial. social-science and David Jellinek. The Law School ranks right up Under the guidance of research as well there in public interest Visiting Professor as legal research to develop this person's individuality," Why some undt>rdog\ tw.e ~l'f Josephine H. Ross and an argument that the evi says McGowan. bdlpav,r SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZIN E I 5 tributions to the commu nerwork to help address Law Students nity, which was shared this these concerns. Alumni Honor Favorite year by Associate Profes who have come out and Faculty, Staff sors Ray Madoff and Judy have successful careers can McMorrow. Madoff has offer important lessons to he Boston College worked extensively on students. As Gaynor says, T Law Students trusts and estate planning; alumni can "act as role Association (LSA) paid McMorrow is a leader on models and potential tribute to members of the legal ethics. career counselors to give school's community at its gay and lesbian students a annual spring gala and The Staff Award was given realistic sense of awards evening on April 1. to campus secutity guard opportunity. " The event, which was Pat Buckley, to recognize attended by several hun both his outstanding work In April, lAMBDA dred people, recognizes in his official capacity and launched the new nerwork the contributions of the his engaged role in student at a dinner, which Gaynor school's outstanding facul life. "Pat epitomizes the moderated at Barat House ty and staff, with all nomi friendly atmosphere at the on the Law School cam nations and votes drawn Law School," said Thomas pus. "Make no mistake from the student body. "f'd like to thank the Academy ... " Professor judith McMorrow accepts Gaynor, president of the about it, being an 'out' her Faculty Award from Timothy Gray '0 I. LSA. "He probably knows attorney is an act of Associate Dean James everybody who ever courage, often still done at Rogers, who has been at his lifetime of service. The which he created the walked into that library." great personal sacrifice," the Law School for rwenty award specifically high Dean's Task Force. It he told the alumni. "We years, received a special lighted his recent term as played a prominent role in The ceremony was held at look to you for the inspi LSA President's Award for the interim dean, during the Law School's work on the Royal Sonesta Hotel ration to do the work that the Solomon Amendment, in Cambridge, Massachu cries out to be done in which threatened to cur setts, and was followed by both our society and our tail federal funds to swing dancing to a big law school." schools that didn't allow band. _ campus recruitment by -Dan Booth The dinner included non the armed services, despite gay and nonlesbian facul the fact that their "don't ty, staff, and alumni who ask, don't tell" sexual ori support the need to help entation stand conflicted LAMBDA Builds lAMBDA students and with many schools' anti alumni address their dis discrimination policies. a Bridge tinctive concerns. Atten between Gay dees were made aware of There was a rare tie for Students and the historic nature of the the Faculty Award for con- Alumni event by honoree David Mills '67. He noted that he hardest thing this was the first time an T for gay and lesbian event of this nature had students to figure out is been held at the Law how 'out' to be," says School. "I think it's fantas Thomas Gaynor '00, the tic," he said. first openly gay president of the Boston College Law Mills, who worked as chief Students Association. of the appellate section in "How out can you be at the Massachusetts attorney school? How will that general's office before affect your career? What going into private practice, mentoring will be avail was given a Pride Award at able?" the ceremony in recogni tion of his dedication to lAMBDA, the student the school and its students. Professor james Rogers steps up group that represents the In his acceptance speech, to receive the LSA President's gay and lesbian communi Mills singled out former Library security guard Pat Buckley talks with fellow nominee Rita jones, Award for his lifetime of service ty at the Law School, has Dean Dick Huber from associate director of admissions and financial aid. to the school. formed a student/alumni the audience for a person- 16 BOSTON COLLEGE LAW SCH OOL MAGAZINE / SPRI NG 2000 al tribute. Mills recalled demonstrate on campus proficient in Spanish the trepidation he felt and nationwide. "Just four and French. Hetnick has when, years after graduat students sparked the moved from financial ing, he came out to repeal of federallegisla aid to admissions. Huber, his favorite ptofes tion," she said. "But this is Recent hires, promotions, sor. "He mailed me a let not the culmination of and departures Linda Adoniou and ter, which had one sen LAMBDA's legacy. This is Sheila Rosselli have tence I'll never forget: the beginning." joined the Law School as 'Congratulations as you Compiled by Stephanie Munro Carmel '95 faculty support staff Ando celebrate your truth.'" The creation of connec niou holds a master's tions between LAMBDA degree in counseling psy The event also gave alum students and alumni is chology from Lesley Col ni a chance to learn how encouraged and supported lege. She worked as a busy LAMBDA has been by the Boston College Law licensed mental health lately. The gtoUp's leaders School Alumni Relations Judi Venezia and Leslie counselor prior to joining helped found the National Office, in the tradition of LeBlanc have joined the the Law School staff Committee to Repeal the services it offers to all stu Law School's Alumni Rela Rosselli has more than Solomon Amendment, dents and alumni. Any tions and Development twelve years of profession rallying the school to one, not only gay and les Office as administrative al secretarial experience, stand in the forefront of bian alumni, who wishes secretary and staff assistant, including four years as a public attention in opposi to be helpful, serve as an respectively. Venezia is legal secretary at Skadden, tion to that anti-gay legis adviser and mentor to responsible for a number Arps, Slate, Meagher & lation. Last fall, LAMBDA students, or offer other re of the central administra Flom LLP in Boston. She hosted the first annual sources is invited to do so. tive and budget activities, also has worked in the National Coming Our including implementing and Massachusetts Attomey Day for the Massachusetts Alumni interested in join coordinating a new donor General's Office. legal community. ing the network should stewardship program and send contact information assisting with all fund raising Claire Hickey, who sat Tracey West is the new Director At the dinner, the group to [email protected] or to programs. She comes from front and center in the ofAcademic Services. gave a Pride Award to its Alumni Coordinator Polly Advantage ESM, where she Admissions Office and current president, Kara Crozier, LAMBDA Law Tracey A. West is the was a marketing analyst whose face therefore Suffredini '01, who played Students Association, Law School's new Director and financial coordinator. was often the first that a pivotal role in those Boston College Law of Academic Services. She She replaces Ann O'Reilly, alumni saw when they activities. She paid tribute School, 885 Centre Street, comes from the Hale & who has moved on to a were applicants or stu to the leadership that Newton, MA 02459. _ Dorr Legal Service Center position in the development dents at the school, retired LAMBDA members -Dan Booth of Harvard Law School, office of St. Mark's School in January after twelve where she served as an in Southborough, Massa years. One of Hickey's attomey and clinical instruc chusetts. LeBlanc has nearly responsibilities was super tor. West also held posrtions twenty-five years of experi vising the administration as a litigation associate with ence working as a legal of the LSAT, and many McDermott & Padis in Mil assistant and office manager alumni were student ton, Massachusetts, and as for law firms in Boston. exam proctors for her. an assistant district attomey Most recently, she provided She retired at the same in the Middlesex County simultaneous support for time as her husband, Jim District Attomey's Office in McDenrnott, Quilty & Miller Hickey, who was the direc Cambridge, Massachusetts. LLP;Wise & Slater-Wise, tor of Public Works for the She is a certified mediator P.c.; and Fraser & Kretowicz. city of Newton.They will through the Harvard Medi be dividing their time ators Program. "We are Rosalyn Leshin has between their homes in St. delighted that we were replaced Kathy Hetnick Croix and West Roxbury. able to recruit someone as the assistant in the with Tracey West's back Financial Aid Office. Leshin Pattyanne Lyons left ground, both as a trial has a bachelor's degree the Law School Dean's lawyer and as a legal edu from Mount Holyoke, a Office in January to accept cator," said Law School master's degree in art a position as a legal assis Administrative Dean history from Boston Uni tant at the Boston law firm Michael Cassidy. "I predict versity. and experience in ofTruelove & Dee. She (I-r) Director ofAdmissions Elizabeth Rosselot speaks with Lorie that students will respond a number of administrative is an evening division law Dakessian '00, Robert Lafferty '00, and Dean John Garvey at the kick well to her energy and her positions. Leshin speaks student at New England off event for LAMBDA's new studenUalumni network enthusiasm." Dutch fluently and is School of Law. _ SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 17 As a student, Simon par For Outstanding The Rigors of ticipated in the Law Service, Five Competition School's oral advocacy Are Honored Prove Their programs, which he later Worth described as the most ben T hree Law School eficial part of his educa alumni and two he William E. and tion. As an alumnus, he administrators were hon T Carol G. Simon Oral decided to ensure that stu ored at the Boston College Advocacy Program recog dents who participated in Law School Alumni Asso nized outstanding law stu these rigorous competi ciation's annual Law Day dents at its fourteenth tions received recognition in May at the Seaport annual banquet at the for their efforts. The annu Hotel in Boston. Omni Parker House in al banquet provides a well Co-chairs J. Owen Todd '60 and Erin Higgins '91. Boston this April. Individ deserved celebration of the ]. W Carney] r. '78 ual and team awards were students' achievements. received the St. Thomas Richard P. Campbell '74 law. Goldbach has been a given for achievements in More Award in recogni in honor of his distin public defender for twen client counseling, negotia Simon endowed the advo tion of his exemplary ser guished legal career. ty years. She is the foren tions, mock trial, and cacy program in honor of vice and dedication to Campbell is a member of sics director for the moot court. his parents, former US the Law School and the the Founders Club of the Committee for Public Secretary of the Treasury legal community. Carney Dean's Council, recipient Counsel in Boston. The Oral Advocacy Pro William E. Simon and the is the lead partner in of the Law School's gram is endowed by late Carol Girard Simon. _ Carney & Bassil, a Founders Medal, and has The Daniel G. Holland William E. Simon Jr. '82. -Stephanie Munro Carmel '95 Boston firm specializing served for many years on Lifetime Achievement in criminal defense. He is the Law School's Alumni Award was presented to a nationally recognized Council. In recognition of ]. Donald Monan, S.]., expert on the insanity his generous donations, a for his ourstanding con defense and defended wing of the new library tributions over the years John Salvi, who mur was named in memory of to Boston College Law dered several people dur his brother Joseph Camp School. Father Monan, ing an abortion-clinics bell, who died from the currently the university's rampage in Boston in effects of exposure to chancellor, was president 1994. Carney has served Agent Orange. of Boston College from for many years on the 1972-1996, during Boston College Law Anne C. Goldbach '77 which time the Law School Alumni Council was presented with the School emerged as one and is past president of Hon. David S. Nelson of the top twenty-five the Law School Alumni Public Interest Law in the nation. Association. Award, which recognizes an alumnus who has Dean Robert H. Smith Dean john Garvey (0, who was instrumental in bringing Supreme The William]. Kenealy, made significant contri was the recipient of a Court justice Antonin Scalia to the Low School to judge the final moot S.]., Alumnus of the Year butions to the public sec Special Service Award for court competition, is presented with a photo of Scalia by Sarah Ruth Award was presented to tor or in public interest extraordinary service to Evans '00. Thomas J. Corey '65 applauds. the Law School. Smith is a former professor at the Law School, where he taught civil procedure, a Supreme Court seminar, and mediation. He is the past director of the Law School's Urban Legal Laboratory Program, and was involved in the Legal Assistance Bureau for many years. He also served as acting dean during Dean Daniel Coquillette's sabbatical. Smith is now the dean of Celebrating the success of oral advocacy teams are (clockwise from top Awardees (I-r) Robert Smith,). W Corney jr., Anne Goldbach, Richard P Suffolk Law School. _ lett) Dennis Lindgren '00, Ken Rosetti '97,jennifer Creedon '97, Greg Campbell, and J. Donald Monon, S. J. -Stephanie Munro Carmel '95 Oakes '00, Liz Heller '00, and jeff Pyle '00. I 8 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 Drinan Fund Judicial Clerkships Lure Many Winner Looks to t4ew Graduates Children's Needs Judicial clerkships, with give new graduates the t's a Catch-22. A law their unparalleled insight opportunity to attend I student who wants to into the judicial process, conferences in judges' pursue a career in the have long been sought chambers and to gain public interest, to give after by aspiring lawyers. experience in legal something back to society, This year, as in the past, research, drafting memo must first give something Boston College Law randa and opinions, edit back to the Law School: boasts an impressive list of ing, proofreading, and ver student loan repayment. appointments across the ifying citations. They also The low wages of most United States. These one serve as springboards into a variety of legal careers. _ public service jobs can and two-year clerkships steer people away from such positions. Class of 2000 Judicial Clerkships Andrew Don '00, who is pursuing a career in child Alvarez. Iraida Massachusetts Supreme Judicial Court, Hon. Ruth Abrams advocacy, avoided that fate Brenninkmeyer. Mary US District Court for New Hampshire. Hon. Paul Barbadoro this year when he won the Brochstein. Rebecca Massachusetts Probate and Family Court Drinan Family Fund Camp. Alexandra New Hampshire Superior Court. Award. Established in Hon. Bruce Mohl and Hon.Tina Nadeau 1998 in the name of the Cheyette. Cara Massachusetts Supreme Judicial Court former dean and congress Dowden. James US Court of Appeals for the Third Circuit, Philadelphia. man, Rev. Robert Drinan, Pennsylvania. Hon.Anthony Sci rica S.J. , the fund awards Easton. Susan US District Court of New Hampshire. Hon. Steve McAuliffe $10,000 annually for loan Fox Falk. Laura Massachusetts Superior Court repayment to a student Gibson. Moya Massachusetts Land Court. Chief Justice Peter W. Kilborn committed to a public Goldman. James Rhode Island Supreme Court. Hon. John Bourcier interest career. Groves. Judy US Bankruptcy Court, Massachusetts. Hon. Carol Kenner Hall. Heather New Hampshire Superior Court, "No one is as powerless Hon. Bruce Mohl and Hon.Tina Nadeau and disenfranchised as a Haynes. John Rhode Island Supreme Court, Hon. Robert Flanders child," Don wrote in his Hegger. Melissa Massachusetts Superior Court application essay to the Jellinek. David Arizona State Court of Appeals. Hon. Cecil Patterson scholarship committee. Kaczmarek. Christopher US District Court for New Hampshire. Hon. Paul Barbadoro His goal is to help ensure Lafferty. Robert Massachusetts Superior Court appropriate and timely Latta. Christina US Bankruptcy Court, California. Hon.Whitney Rimel placements for abused and lindgren. Dennis Massachusetts Superior Court neglected children. Mahoney. Julia Supreme Court of Connecticut, Chief Justice Callahan Montuori. Paul US District Court of Massachusetts. Hon. Edward Harrington Don has already worked Newton. Shelagh New Hampshire Supreme Court. Justice John Broderick extensively in the field. As a Pearlman. Jeremy Massachusetts Superior Court court appointed special Pyle. Jeffrey US District Court of Massachusetts. Hon. Michael Ponsor advocate, he served as a vol Reilly. Elizabeth US District Court of Massachusetts. Hon. Edward Harrington unteer guardian on care and Shea. Kristen Massachusetts Supreme Judicial Court . protection cases in Boston Sobol. David US Bankruptcy Court. Massachusetts. Hon.Wiliiam Hillman Juvenile Court. Through Taylor. Toiya Massachusetts Probate and Family Court the Law School's Juvenile Varsames. Kristen US District Court of Vermont. Rights Advocacy Project, he US Magistrate Jerome Neidermeirer represented six Department Werlin. Beth US Department of Justice. Court of Immigration Review. of Youth Services girls. He Massachusetts worked for the Roxbury Weyland. Sarah Montgomery County Circuit Court. Maryland. Defender's Youth Advocacy Hon. Nelson Rupp Project and for eight years - Stephanie Munro Carmel '95 at the New England Home for Little Wanderers. Don obtained his undergraduate degree from Boston College. _ -Dan Booth SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZI NE I 9 McBride '00 (60 points), CAMPUS Hoo~ Dreams, Kevin Riordan '01 (60 Law School-Style points) and Jennifer Rior dan '00 (57 points). Later, Justice Scalia Presides at Student he Boston College in the Parquet Challenge, T Law School Legal Lim was one of the top Eagles basketball team five overall scorers and he closest that most attorneys will ever get to placed third out of forty moved on to take second the US Supreme Court is when they cite this teams last semester in the T place in the Three Point ultimate authority in a brief. But Patrick Sixth Annual John Han Challenge. Manzo '01, Briana Thibeau '01, Whitney Roberts '01 , cock Parquet Challenge, a and Denis Cleary '01 have sparred face-to-face with a charitable basketball event A back-up team called the to benefit the Red Auer Legal Beagles was also Supreme Court justice, Antonin Scalia, before even bach Youth Foundation. chosen in the tryouts, in graduating from law school. They were the contestants Each of the five players on the event that any of the in the fortieth annual Wendell F. Grimes Moot Court the Law School team had Legal Eagles were unable Competition, which was held in April at BC Law. one minute to score as to attend the challenge. "It was an honor to have made it to the finals of many points as possible by They were Associate Pro the competition, and that honor was magnified by the taking shots from desig fessor Kent Greenfield (54 fact that we were arguing in front of Justice Scalia," nated areas on the court. points), Jay Northcutt '00 says Thibeau. "I never imagined that I would be argu (42 points), Tara Auciello ing in front of a Supreme Court justice, at least not Tryouts for the team had '01 (40 points), Brian during my law school career, and I count myself lucky been held in January. The Monnich '01 (40 points) to have had such a rare opportunity." five who scored highest and Jonathan Tsilimos '02 "For me, the most stressful argument was the week became the Legal Eagles. (40 points). A winning team, the Legal They were team captain prior, during the semi-finals," Manzo remembers. "It Eagles: (from left, top) Kevin Derek Lim '00 (72 Stewart F. Grossman '73 seemed that the prize was the chance to argue before Riordan, Thad McBride, Bryan points), Bryan Day '00 secured the backing for Justice Scalia. If we made it that far, winning the com Day; and (from left, bottom) (60 points), Thad the Law School team, petition would just be icing on the cake." Derek Lim, Jennifer Riordan. and Frederick Enman This year's problem addressed two issues of consti Jr., S.J., '78 served as tutional law. The first was whether a school voucher pro bono basketball program that includes religiously affiliated schools commissioner and team could be implemented by a state without violating the chaplain. First Amendment's Establishment Clause. The second issue was whether the inclusion of two single-gender Several celebrities were magnet schools in the voucher program violated the present at the Fleet Center challenge, Fourteenth Amendment's Equal Protection Clause. including Celtics Despite the formality of the proceedings, there greats Tommy Hein were moments of good-natured raillery between the sohn, M . 1. Carr, and judiciary panel and the student advocates, as well as JoJo White. Ex-Patri among the judges themselves. Judge Sandra Lynch of ot Ron Burton the US Court of Appeals for the First Circuit and attended, along with Chief Judge Paul Barbadoro '80 of the US District his son, WBZ Court of New Hampshire joined Justice Scalia on the sportscaster Steve bench. Burton. Other "The justices definitely kept us on our toes with media personalities their questions," Thibeau says, "but the arguments included sportscast had their humorous moments as well, as Justice Scalia er Gene Lavanchy ofWHDH and joked with us and offered unusual hypotheticals." Sports Illustrated The excitement of having a Supreme Court justice columnist Jackie on campus was evident. To accommodate the overflow MacMullen. The crowd in the East Wing, two extra classrooms were event raised more equipped with closed-circuit televisions for viewing than $100,000 . • the event. -Stephanie Munro Carmel '95 "Without a doubt, having Justice Scalia here enhanced the final ro und," says Thibeau. "It was cer tainly intimidating, but it also created more of an aca demic challenge than had he not been on the bench." 20 BOSTON COLLEGE LAW SCH OOL MAGAZI N E / SPRIN G 2000 Competition Manzo agrees: "It seemed that the judges came to the argument wi th some strong views on the iss ues and were actually engaging in a dialogue with us, as opposed to simply tes ting the cogency of our argu ments or our mastery of case precedent." Manzo and T hibeau won the competition. Roberts and Cleary argued for the respondents. T he event marked the culminatio n of a lengthy process for the four finalists. In February, each team wrote a brief based on a problem created by the moot court board. T he teams then argued in support of their briefs before a panel of judges in fo ur preliminary rounds. Eight teams wi th the highest point totals proceeded to the quarter fi nals, which were single elimination. T he two remaining teams were the fi nalis ts who argued before Scalia. _ Denis Cleary '0 I argues before moot court justices (I-r) Sondra Lynch, - Stephanie Munro Carmel '95 Antonin Scalia, and Paul Barbadoro. thus would come at us with guns blazing. Yet that's the What It Felt Uke way we wanted it. We consciously chose the respon Arguing before Justice Scalia is an opportunity coveted dent's side knowing that Scalia would do most of our by many lawyers. Denis Cleary got his chance- and he's not even out of law school. questioning. That was the point of this competition. If we were going to be in front of Antonin Scalia, why By Denis J. Cleary '01 not arrange for him to question us head-on, to see if we could withstand his questioning? I think it was evident he Moot Court Competition final was an from the minute that I began my argument, and con T incredibly intense experience in which I tinuing in Whitney's, that Scalia was much more active learned so much about the law and, more that he was with the defendants. Why not test ourselves importantly, about my own capabilities. T he fact that to find out if we can compete in the big leagues? BC Justice Scalia judged the final certainly added to the Law gave us this opportunity, and we wanted to take electric atmosphere that day. The way I saw it, he is full advantage of it. I now will know each time I appear probably the toughest, most prominent judge in the before a court in the future, that I have argued before a country to appear in front of-and I was able to do so Supreme Court justice and was up to the challenge. at the age of twenty-four, before my career has even BC Law is a wonderful place, with wonderful teach begun. Most lawyers strive to do that in the later years ers and administration. The Moot Court Competition of their career, and most never get the privilege. What was just another example of how the school combines a an incredible gift from Boston College Law School-to pure academic environment with a friendly atmosphere. give four participants the opportunity to challenge The defendants, Pat Manzo and Briana Thibeau, were themselves to the very limit of their wits and expertise, not our competitors that day. They were former mem in front of such an identifiable figure of our time. I feel bers of our first-year section, and I consider both of my career will benefit substantially from the success of them to be my good friends, as well as almost all of this experience. those in attendance. The support from our fellow stu My teammate Whitney Roberts and I knew we dents and the faculty was amazing and is a credit to the would draw Scalia's fire . We knew, before even going university as a whole. That is the type of environment into the argument, that he disagreed with our positions that is advertised at BC Law, and it was in full view on state funding of vouchers for private schools and that day. _ SPRING 2000 ! BOSTON COLLEGE LAW SCHOOL MAGAZIN E 2 I --- Though they entered politics through the same gate-Boston College Law School- the governor, house speaker, and attorney general of Massachusetts could not be more different in their personal and political styles. By BRIAN SULLIVAN WITH VICKI SANDERS ILLUSTRATION BY VAL MINA NTIL THE NEXT ELECTION AT LEAST, BOSTON COLLEGE LAw SCHOOL UCAN CLAIM THAT ITS GRADUATES HOLD THREE OF WHAT ARE ARGUABLY MAsSACHUSETTS'S FOUR MOST POWERFUL ELECTED OFFICES. Paul Cellucci, who also did his undergraduate work at Be, is the governor. Thomas Finneran is the Speaker of the Massachusetts House of Representatives. And Thomas Reilly is the state's attorney general. Only Massachusetts Senate President Thomas Birmingham did not attend BC Law. As an institution of working-class and middle-class upward mobility, the Law School has served as a training ground for the children of first- and second-generation immigrant fami lies-many of whom then run for public office. For instance, three of Massachusetts's ten cur rent congressmen hold law degrees from Boston College Law Schoo!. Even by that standard, though, the situation that exists today is unusual. While the three men may have entered the world of politics through the same gate, they are very different people whose careers have followed very different paths. Cellucci, the Republican governor of an overwhelmingly Democratic state, is a diligent and committed politician who has encountered much controversy in the state's top job. Finneran, a fiscally conservative Democrat who helped solve the state budget crisis of the early 1990s, has run the House with an iron hand. Fellow Democrat Reilly, who made his reputation as a crime-fighting district attorney, has defined his new job by presiding over the near bankruptcy and slow recovery of the state's largest health-maintenance organization. Politics, for all its emphasis on crowds, speeches, and hoopla, can be a lonely calling. Elect ed officials work long hours for a public that often holds them in contempt. At the root of pol itics, though, is a call to public service. Thus Boston College Law School, with its longstand ing emphasis on public service, was an appropriate place for these men to begin their careers and to shape the values that define them as decision makers. ~ SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 23 ity Director Peter Blute's getting caught on a ignored demands for Kerasiotes's head-even taxpayer-funded booze cruise featuring a choosing to look the other way when Kera breast baring young woman (Blute resigned), siotes boasted to the Wall Street Journal that and Lieutenant Governor Jane Swift's tapping Cellucci feared him, and added for good her staff for child care and taking a state heli measure that he considered two of the gover copter home to the Berkshires to avoid the nor's closest advisers to be a "moron" and a Thanksgiving rush. Political observers say "reptile." By waiting as long as he did, many or fifty-one-year-old Paul Cellucci, the there have been symbols of a lack of involve people felt that Cellucci was in reactive mode, Fgovernorship of Massachusetts has ment, such as Cellucci's distance from the trying to contain the damage after the fact turned out to be the test of his political life. 1999 budget summits between House Speaker rather than getting out ahead of the curve. A respected state senator in the 1980s, he was tapped in 1990 to be gubernatorial can didate William Weld's running mate. Weld and Cellucci won, and Cellucci, a nuts-and "We are all kind of still waiting for the The with a bolts State House insider, was the ideal com capital T Accomp]jshment with a capital A.... plement to the charming Weld, who dubbed Cellucci his "co-governor." When Weld He has got compassionate instincts, the best resigned in the summer of 1997 in a failed of intentions, but he really has not found a good way attempt to be confirmed as ambassador to Mexico, a smooth transition was anticipated. to make them matter in the lives of his constituents." If Cellucci didn't quite have Weld's popular Thomas Finneran and Senate President According to Dennis Hale, an associate Thomas Birmingham, his failure to win leg professor of political science at Boston Col -- islative approval for the death penalty, and the lege, the difference between Cellucci and --- legislature's enthusiastic override of his veto of Weld is that Weld-like Ronald Reagan millions in education reform money. And, of defined political leadership as devotion to a course, there is the Central Artery/Tunnel few broad themes, leaving it to others to dirty Project, better known as the Big Dig. their hands in the details. "Weld decided not Tuesday, April 11 , 2000, was a day Gover to descend into the minutiae of public policy, nor Cellucci would probably like to forget but instead chose to stand for a couple of big the sort of day, in other words, that has been principles, like lower taxes and to be tough on all too common in the nearly three years since crime," Hale says. "If you decide you are he moved into his well-appointed corner going to stand on those two things, you can office. The place: Washington, DC. The move the ball down the field pretty effectively." scene: a news conference called by US Secre Like Hale, State House News Service tary of Transportation Rodney Slater to owner/editor Craig Sandler points to Celluc announce the findings of a federal audit into ci's failure to be identified with one or two big cost overruns at the $13.6 billion (and count accomplishments as the reason for his diffi ing) Big Dig. Elected officials from Massa culties as governor. "I heard somebody with an chusetts gathered around the podium glum important role in the landscape of this admin faced, none glummer than the governor. "It istration say, 'We are all kind of still waiting for stands as one of the most flagrant breaches in the The with a capital T Accomplishment with the integrity of the federal-state partnership a capital A. He won the election, he has the in the history of the nearly eighty-five-year power, and nothing has come of it except for a appeal, he nevertheless was thought to have a old federal aid highway program," Slater read series of scandals and troubles of varying mag political savvy and a willingness to roll up his from the audit, referring to Big Dig chief Jim nitude,'" Sandler says. "It's frustrating. He is sleeves that Weld rarely brought to the job. Kerasiotes's months-long effort to cover up a not a jerk, he is interested in doing the right And for a time, Cellucci succeeded. He $1.4 billion overrun. thing. He has got compassionate instincts, the easily overcame a primary challenge from Moments after Slater had wrapped up, best of intentions, but he really has not found then-State Treasurer Joe Malone, despite Mal Cellucci was on the phone. And Kerasiotes a good way to make them matter in the lives of one's ties to grassroots Republican activists, was gone. "It's important that we open the his constituents." and he defeated the Democratic attorney doors, open the windows," Cellucci told general, Scott Harshbarger, to win the gover reporters. "The days of withholding are over." GETTING THE CREDIT norship in his own right in November 1998. Unfortunately for Cellucci, political ana Cellucci's answer to such criticism reflects But there haven't been too many good days lysts say, this attempt to look decisive was both his philosophy and the difficulties he for Cellucci since then. There have been a undermined by his own footdragging. The may face in trying to change the way the pub succession of minor but highly entertaining overrun, after all, had been exposed more lic perceives him. "It's not important who gets scandals, such as Massachusetts Port Author- than two months earlier. Cellucci had the credit," he says. The trouble is, in politics 24 BOSTON COLLEGE LAW SCH OOL MAGAZINE I SPRJNG 2000 it is important who gets the credit, and the attends Harvard.) In 1971 Cellucci was elect example he cites-a recent crisis involving ed to the Hudson Board of Selectmen; he Harvard Pilgrim Health Care-is actually an became the town's state representative in interesting example of why he may be wrong, 1978 and a state senator in 1984. Cellucci observers say. Cellucci's insurance commis was a promising political talent in 1990, and sioner, Linda Ruthardt, initially took the lead former federal prosecutor Weld-fearing Cel when cost overruns forced the Harvard Pil lucci might run for governor in his own grim HMO into state receivership. But she right-persuaded him instead to accept the was soon moved aside by Attorney General number-two spot on the ticket. Six-and-a-half Thomas Reilly, a Democrat, who won plau years after becoming lieutenant governor, dits for his cool management of what could Cellucci was sworn in as governor. The thrill, have turned into a fiscal meltdown. Once he says, has not worn off. again, analysts contend, Cellucci ended up "I love this job. I still pinch myself every looking like a bystander on an issue of vital morning to make sure it's real," Cellucci says importance to the public. with a laugh. But if Cellucci's self-effacing manner hurts A portrait of the late governor John him in public, it can be refreshing in private. Volpe-like Cellucci, a Republican governor Cellucci is a witry, friendly man, the product of Italian American heritage (Cellucci is also of a small-town upbringing in Hudson, half Irish, on his mother's side)-hangs on Massachusetts, where both his father and his the wall above Cellucci's desk. "I met Volpe grandfather are prominent in communiry when I was a teenager. My father was his local affairs. A movie buff, Cellucci bears a striking coordinator," Cellucci says. "There have only resemblance to the actor Robert De Niro. He been three Italian American governors, Foster has been known to come back with a quick Furcolo, Volpe, and myself And this is the "Are you talkin' to me?" to visitors who first time that the governor and the mayor of remark on the likeness. Boston [Thomas MeninoJ have both been As he sits in his State House office, arms Italians." folded, legs crossed, the bright afternoon sun Cellucci says he will remain governor as light streaming through the almost-floor-to long as the voters allow him to keep the posi ceiling windows, Cellucci recounts the tion. Although he has been working on Texas lessons he learned growing up in Hudson. Governor George W Bush's presidential cam There, he says he learned the value of a pay paign and is widely reported to be interested here's an old saying that nature abhors a check to working men and women, the value in joining a Bush administration, Cellucci T vacuum. Meet Thomas Finneran '78, of an education, and the principles of the himself claims that he has no ambitions force of nature, who is perhaps the most pow Republican Parry, taught by his father, Argeo beyond Massachusetts. erful man in state government. With Gover Cellucci Jr., who was an elected official in Which suggests that, his political prob nor Paul Cellucci faltering in some people's town as well as the owner of the local lems notwithstanding, there is still at least eyes, and Massachusetts Senate President Oldsmobile dealership. one more campaign in Argeo Paul Cellucci's Thomas Birmingham running his chamber "I learned at a young age how important future. The next gubernatorial election will in a decidedly low-key manner, it is Finner payday was," Cellucci says. ''I'd see the be held in 2002. In overwhelmingly Democ an-the fast-talking Speaker of the Massa mechanics, salesmen, and secretaries get their ratic Massachusetts, Cellucci and Jane Swift chusetts House-who has filled the power pay, and I saw how important it was to their are the only Republicans to hold statewide vacuum on Beacon Hill. families, to their abiliry to have a good life. office. Some Republicans, who admit to Finneran, thin, balding, and intense, sits That has stuck with me all my life." being nervous about losing even that like a man who can't wait to stand up. His Cellucci's grandfather Argeo Cellucci Sr. foothold, are whispering about drafting Mitt energy seems to radiate across his gymnasi came to the United States from Italy. His Romney, who gave Senator Ted Kennedy a um-size office and echo off the dark, paneled father, "Junior" Cellucci, built up the family scare in 1994, to replace Cellucci at the top of walls to punctuate every sentence and every Oldsmobile business and ran for public office the ticket. word he speaks. At fifty, Finneran is at his as a Republican. In March 1970, Paul Cel Cellucci, though, continues to have con apogee, a man at the height of his powers and lucci (Paul is his middle name; his first name siderable assets: his natural decency, his his political career, and he knows it. He also is Argeo, just as with his father and grandfa knowledge of state government, and a strong knows it will not last forever. ther) won a seat on the Hudson Charter economy. The challenge for him now is to "The thing I think about every day?" he Commission, the same year he graduated take charge of his own administration, pun asks rhetorically. "How short the horizon is from Boston College Law School. (His fami dits say. In addition to pinching himself to for all of us. Time is limited for all of us in ly still maintains tight ties to Boston College: make sure he's really governor, perhaps he public life. As leaders, we should look well his wife, Jan Cellucci, is a librarian at the uni ought to put the occasional squeeze on his beyond the next election. We are, unfortu versiry, and their daughter Kate earned her antagonists and his so-called allies. Just to nately, constrained by elections." degree from BC Their other daughter, Anne, make sure that they know, too. (continued on page 50) SPRIN G 2000 / BOSTO N COLLEGE LAW SC HOOL MAGAZIN E 2 5 n a wall at the David Clark Company in Worces [] ter, Massachusetts, a framed cover of Time maga zine shows astronaut John Glenn, bundled to his neck in an orange spacesuit, beaming at the camera after his 1998 mission aboard the space shuttle Discovery. The man who had piloted America's first manned orbit in 1962 had just made history again as the first seventy eight-year-old to fly a NASA mission. And he'd done it in a suit made by the David Clark Company. For a c:ompany that in it5 early year5 in the 19305 and '405 wa5 primarily c:onc:erned with the manufacture of girdle5 for men and women, the journey to the moon, in a manner of 5peaking, wa5 quite an adventure. Chuck Yaeger, who became the fastest pilot in the world when he broke the sound barrier in 1947, spent the next decade breaking other speed and altitude records, feats that would have been impossible for him and other test pilots without the full-pressure suits designed by David Clark. Similarly, the life of many a World War II fighter pilot had been saved by being able to execute high G-force maneuvers without blacking out, something that was unheard of before David Clark invented the first so called anti-G suits. Gemini astronaut Ed White took his first space walk in-you guessed it-a David Clark suit, and Frank Borman and Jim Lovell endured their four teen-day space flight in the reasonable comfort of special ly designed "soft" spacesuits. Even Norman Rockwell helped immortalize the Gemini suits with his 1965 Look magazine cover of the crew in full David Clark regalia. When another manufacturer was tapped to make the out fits for the Apollo missions, the David Clark Company got in on the act another way, with headsets nicknamed "Snoopy hats" that enabled flight crews to communicate with mission control. ~ SPRlNG 2000 / BOSTON COLLEGE LAW SCH OOL MAGAZINE 27 For a company that in its early years in the wanted to pay what I was after." The conver having hocked everything, including their 1930s and '40s was primarily concerned with sation was a lengthy one, and by the time it homes, and with the help of friends, banks, the manufacture of girdles for men and was over, Clark had persuaded Libby to start and a few employees-but no venture capi women, the journey to the moon, in a man his own business, arguing that he couldn't tal-they scraped together enough to buy the ner of speaking, was quite an adventure. And afford to employ him but could afford to hire net assets of the company at book value, a chief among the people who helped shepherd him as a consultant. By the time Libby transaction Libby calls "a good deal. " the eccentrically brilliant ideas offounder and returned to the car an hour later, Juliet had Things were bumpy for a while. The econ inventor David Clark into a prosperous busi read through nearly all the library books she'd omy was sluggish and employees were con ness enterprise was Darald Libby '55. brought to amuse the kids. "I'm glad I had sidering unionizing. Juliet remembers her those books," she remembers with a laugh. husband, sitting at the dining room table at 2 a.m., working the numbers, trying to make FINDING A WAY the company's ends meet. Libby's number For several years thereafter, Darald operat crunching gradually brought results, however. ed a private law practice and Juliet helped He managed to keep costs down, gave employees a stake in the business by imple Julie't remember§ with a different kind of book-the account ing kind. She had loved numbers since her menting a profit sharing plan (which since its her hu§band, §i't'ting girlhood days in New Hampshire when she inception in 1975 has meted out more than $10 million in surprise cash payments), and a't 'the dining room 'table did the bookkeeping for her father's coal and heating oil business. Temporarily foiled in her paid off the debt within three years. The new a't 2 a.m., working 'the efforts to become a licensed public accoun David Clark Company, prosperous before the recession, was on the rebound. number§, 'trying 'to tant because colleges at the time didn't accept women into those programs, Juliet prevailed make end§ mee't. once the war began. Men abandoned the classrooms for combat, and schools, desperate to fill the empty seats, permitted women to study. Though she soon gave up her career to raise the family-"When Darald asked me to marry him, I decided one CPA in the family After World War II, Libby had been dili was enough," she says-Juliet would remain gently amassing degrees under the GI Bill an important behind-the-scenes resource and while starting a family and working full-time. adviser to her husband on professional and He added to an accounting degree earned at philanthropic matters. Bentley College before the war with a busi In the meantime, Darald's relationship ness degree from Northeastern University, a with the David Clark Company and with J.D. from Boston College Law School, and John E. Flagg, a pilot whom Clark would an LL.M. in taxation from Boston University. eventually tap to succeed him, was develop Days, he worked for an accounting firm and ing well. In 1962, when the company's con two United States agencies that gave him troller resigned, Flagg summoned Libby and expertise in government negotiations and offered him a job. "He said, 'What do I have contracts. to do to get you?'" Libby recalls. "I asked him Meanwhile, Libby had heard about a com for $38,000," a handsome sum in those days. pany in Worcester that might be able to use "I had a lot of nerve to ask for that much," The couple begins a marriage that has lasted for fifty-four years. the skills of a good finance man with govern Libby says in retrospect. But Flagg agreed. It ment contract experience. With his pregnant wasn't until sometime later that Flagg told wife, Juliet, and three kids in their old Chevy, Libby he'd paid him more to be his vice pres SHAPED BY THE he pulled up to the front of a broken-down ident than he himself was earning as the com GREAT DEPRESSIDN factory building on Park Avenue, where he pany's president. Darald Libby, born in 1917, and Juliet was to have his job interview. Assessing the Several years later, after the company Roy, born two years later, were children of the situation, Darald turned to Juliet and said, had moved into a former leather plant across Great Depression. Darald's father worked in "This won't take long," and disappeared town, undergarment maker Munsingwear the paper mill in Berlin, New Hampshire. behind the battered wooden door. Inc., which owned 70 percent of the David Juliet, raised in the same town, was one of Inside, he met David Clark, a stout, Clark Company, decided to sell. Clark had eleven children. Neither had much money round-faced man with a rumpled shirt and retired, so it was up to Flagg and Libby to growing up, but both had happy childhoods. bemused glint in his eye, who was sitting in a decide what to do. It was 1974, the middle of "My father had a terrific sense of humor," chair, smoking a cigar. The two men hit it off. a recession, when they made their first Juliet recalls. "There was a lot of laughter in "He seemed like a sharp guy in a funny sort attempt to raise the funds to buy the business. our family." Both also believed that whatever of way," Libby recalls. "He was interested in "We struck out," says Libby. "We couldn't get was to be theirs in life, they would have to what I had to offer but there was no way he enough backers with money." The next year, earn for themselves. "We were taught not to 28 BOSTON COLLEGE LAW SC H OOL MAGAZI NE / SPRING 20 00 States. Libby retired in 1989 but remains chairman of the board of the company that is LIBBYS' GIFT now owned by the employees. In the years that Darald devoted himself FUNDS FIRST LAW to the business, Juliet used her still-sharp SCHOOL CHAIR financial skills in a volunteer capacity as trea surer of various church and social groups. She taught catechism classes at St. Paul's Parish in ,\V!hen Darald Worcester, organized children's programs, W '55 and Juli and studied art and calligraphy. The couple et Libby committed also befriended Father Michael G. Pierce, $1.5 million to Darald Libby on his Low School graduation day in I 955, S.J., whose retreats in Weston, Massachusetts, endow Boston Col with daughters (I-r) Therese, Susan, and Margaret Darald attended nearly every year. Their lege Law School's friendship flourished, even after Father Pierce first funded chair, take anything for granted. In our days, you they did so anony had to work," Darald says. Theirs was a work mously, wanting to call attention only ethic and generosity of spirit that years later to the man in whose would reap great benefits for themselves and The Libbys established name they made the others. "We've done very the Low School's first gift: Father Michael funded endowed choir They met in high school, but it wasn't well. bet.t.er t.han we G. Pierce, S.J. After in the nome of Father until ten years later, when a much-decorated Michael G. Pierce, Sj. ever deserved. some thought, how Darald had returned from the war in the ever, the Libbys South Pacific, that a friend told him that the God has been good decided to be public pretty girl he'd once danced with was living in t.o us and we feel about their gift. They hope it will encourage Boston. Their first date was on January 26, others to support the Law School in a similar 1946, at a restaurant on Tremont Street. They we have t.o share. fashion. were married five months and three days lat "We're very private people," says Darald, er. "It seems we've been hurrying all of our t.o pass it. on." "but we would like others to contribute. I'll be lives," Juliet marvels at the recollection of the -Juliet Libby interested to see how it goes, how people will speed of the courtship and of having to juggle respond. The Law School is a wonderful romance with practical demands. Darald was place. It can only stay that way if those who scheduled to begin a CPA class in July, so they care about it support it." had had to make up their minds quickly. "It's moved to the Jesuit's Mission Bureau in The man to whom the Libbys are paying been like that ever since," she laughs. Boston, and when he died in March 1998, tribute with their gift was a friend of many As the David Clark Company's prosperity the Libbys decided to honor him by estab years. They met Father Pierce through David grew, so did the Libby family's. They passed lishing the first endowed chair at Boston Col Clark, founder of the Worcester, Massachu down their appreciation for education to lege Law School and naming it after him. setts, spacesuit company where Libby is chair their four daughters, all of whom have college "We've done very well, better than we ever man of the board. The story goes that Clark, degrees, two of whom have, between them, deserved. God has been good to us and we who had a plane, wanted to be converted to Catholicism. Father Pierce wanted to learn to graduate degrees in engineering, law, and feel we have to share, to pass it on," says Juli fly. Clark promised to give him flying lessons criminal justice. The legacy continues with et, her eyes filling with tears. "In this world, if he'd teach him to be a Catholic. Clark ulti their eight grandchildren. The oldest received some people try to amass a fortune. We like mately became Catholic, but Father Pierce his undergraduate degree this year. The next to give it away and have the pleasure of doing never did get his wings. The game, however, two have been accepted at Boston College. it while we're alive." sealed a friendship that was shared by the Lib For people who've spent their lives work Over the years, Darald helped develop the bys. Darald attended retreats conducted by David Clark Company into a multimillion ing behind the scenes to ensure that people Father Pierce at Campion Hall in Weston, dollar enterprise with a host of products for like Glenn and Yaeger and White reached the Massachusetts, and both Libbys continued to niche markets. Muff-type hearing protectors heights they were capable of, giving a gift that visit him after he moved to the Jesuit Mission that were developed to help the US Navy deal elevates scholarship at Boston College Law Bureau in Boston. with the noise of jet planes on aircraft carri School is no less lofty an achievement. _ "We wanted to find some way to honor ers, are now sold for a variety of purposes. him. He had a great sense of humor. He was Their communication headsets and two-way always doing something for others," Darald radios are used by NASCAR racers, football says. teams, police, and construction crews. Med Vicki Sanders is editor in chief ofthe Boston The first occupant of the Michael G. ical anti-shock trousers, designed on a princi College Law School Magazine, a regular Pierce, S.J., Chair will be selected this fall. _ ple similar to the aviators' pressure suits, are writer for the Boston Globe Magazine, and standard equipment in ambulances and a frequent contributor to other national news -vs emergency rooms throughout the United papers, magazines and online publications. SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 29 OM BEETHAM HAD A PROBLEM. HIS BACKGROUND IN LIBERAL ARTS HAD NOT PREPARED HIM FOR A SPECIFIC CAREER, AND NOW HE WAS MULLING HIS OPTIONS. HE WAS ATTRACTED TO THE WORLD OF LAW. But, as he recalls, "I also liked business." So, what was this curious, well-rounded young man to do? Go to law and business school simultaneously, of course. Beetham '99 is one of a growing number of men and women who are taking the dual career route, both to broaden their academic credentials in today's complex business and legal environments, and to differentiate themselves in a competitive field of candidates. They may find themselves working in any of a number of areas upon graduating-corporate law, investment banking, or even, like Greg Boesel '99, a hybrid of law and entrepreneurship. Boesel and fellow grad uate Mark Hexamer formed the company, Sidebar Software, whose software ~ program Citelt! simplifies the tedious task of JJThere is a tremendous need for business lawyers, recording citations in legal documents. There is a natural link between the two because there are more businesses out there, fields of law and business, and a greater awareness these days of the value of a dual more companies going public, degree, says Wallace E. Carroll School of more start- ups that need legal advice. " Management Graduate Dean Hassell H. McClellan. "For example," he says, "law firms -LAUREN S77LLER RIKLEEN '79 are discovering that the lawyers who run the firms may be very good at being lawyers, but need business training if they are going to be firms are all booming," she says. "There is a The dual degree program generally responsible for making management deci tremendous need for business lawyers, requires one additional year of study. "You get sions within the law firm. The world is a because there are more businesses out there, two degrees in four years," explains McClel more complicated place than it used to be, in more companies going public, more start-ups lan, thus compressing a three-year J.D. pro need of more integrated thinking." that need legal advice." gram and a two-year M.B.A. program into a "Boston College has turned out some It's not surprising, she says, that many total of four years. Dual program students do great trial lawyers but a lot of our graduates young lawyers are responding to the needs of their first two years of study at the Law aren't trial lawyers at all," says Law School the new marketplace. "The opportunities in School, take their third year at the business Dean John Garvey. "They do business-ana business are greater than ever. It's very com school, and in the fourth year go back and lyzing people's securities, incorporating com petitive, and new lawyers will do whatever forth between both places. panies, giving tax advice." For students with they think will give them a competitive edge. Rogers says there isn't a specific list of those inclinations, courses at the Carroll It's not hard to draw the conclusion that if courses that a dual degree student has to take. School in securities, new ventures, or finan they had a dual degree, they would be more "Rather," he explains, "they get credit toward cial management can be a definite asset. attractive to business departments of law their law degree for one semester's work in the firms, or to businesses looking for in-house M.B.A. program." This arrangement enables A COMPETITIVE EDGE counsel." students to design a flexible curriculum III To be sure, Boston College Law School Law students who are business oriented their third and fourth years. isn't the only member of the law community say that certain aspects of legal training-the noticing that the boundaries between the intensive writing courses, for example, and IT TAKES A CERTAIN KIND worlds of law and business are becoming negotiation skills-are useful in corporate What sorts of students get law and busi more porous. The trends in law firms-and life. Some believe that understanding the ness degrees? Clearly, it is not for everyone. by direct implication, in law schools legal issues in, say, investment banking makes Dean McClellan says the dual degree is "directly mirror the economy," says Lauren them more astute and more effective decision intended for students who have a great level Stiller Rikleen '79, immediate past president makers. "If you know the rules of the game, of discipline and are flexible, because lawyers of the Boston Bar Association and an envi it allows you to work more effectively than if and business people tend to approach their ronmentallawyer with the firm of Bowditch you don't," says one student. "In addition, the work from different perspectives. In market & Dewey. Right now, the trend is all about logic skills you get in law school, and oratory, ing, he explains, the objective is to reach a business. "The business departments of law and issue-spotting skills really help." consensus on a product. But reaching con While working on two degrees at once can sensus is often irrelevant in a courtroom, he be daunting, it is not all that unusual at says, when the objective is to build a strong Boston College, which offers more than a case before a judge. Dual program candidates dozen different dual degree programs. In need to be able to move back and forth in 1998, the Carroll School alone introduced both arenas comfortably. "That," he con five new joint degrees in addition to the law cludes, "is what sets them apart." degree, and M.B.A. candidates can now Yes, it's challenging. "But I think people simultaneously work towards degrees in social who love this kind of thing really get a bang work, biology, nursing, and mathematics, out of it," Dean Garvey says. Beetham '99 among other disciplines. definitely found it stimulating to be studying The J.D.lM.B.A. option is longstanding. at both schools. Law and business comple As far back as 1980, James R. Repetti, who is ment one another, he says. "Business can be now a tax law professor at BCLS, was one of much more positive. You learn to create the first students at the Law School to gradu something. Sometimes on the legal side, you ate with both degrees. At the time, Repetti get caught up in minutiae, in the problems, was considered unusual. Today, according to rather than in the solutions." James Rogers, the Law School's associate dean The extra effort also has its financial "Having an M.BA. gains me credibility in the marketplace," for academic affairs, about ten of last year's rewards. Dean McClellan says the median says Sandra Smith. "It shows you are not a lawyer with a first-year students (out of the class of270) are salary for an M.B.A. graduate is $68,000, but narrow vision of the law." also working towards an M.B.A. the majority of this year's dual program grad- 32 BOSTON COLLEGE LAW SC HOOL MAGAZINE / SPRING 200 0 Two Hats Are Better Than One I ike any union, the marriage of two professions the product, the profeSSional version, which sells L...takes a certain amount of getting used to. Just for $229, and the student version, which is $89. ask Greg Boesel. He and his business partner Sidebar has four employees, including Boesel and Mark Hexamer received their JD.s and M.B.As in Hexamer; they hope to do $1 million in sales this 1999, and Boesel recalls how "schizophrenic" it year. Next year, says an optimistic Boesel, "we was to be a student expected to examine the probably could hit $SOO million." Professor James Repetti '80 was one of the fi rst to receive world from two totally different perspectives, the He concedes it is a bit unusual to wear two a JD.lM. BA from Boston College. microcosmic and the macrocosmic. hats to work every day, the legal one and the "Most law students pay attention to detail business one. What degree does he rely on uates are commanding "significantly above and are a bit retentive," he says, "which is fine if more? "On a day-to-day basis, it's definitely more that median," with starting salaries ranging you are just with law students. But in business the business one," he says. "I'd say it's something from $68,000 to $113,000. school, people tend to pay more attention to like 70-30:' However, he adds, "I think the law "The last year kind of wore on me," the big picture. It's easy for attorneys to get school training is more ingrained in the strategic acknowledges Stephen Mahoney, who gradu bogged down that way." approach you take, like I'm constantly making ated with a dual degree in May 1999, with He believes there are serious philosophical lists, and figuring things out logically. And I use it hopes of becoming a corporate lawyer. After differences between the two schools. "In law, in negotiations, too. For example, we're working working only six months as an associate in you are a lone ranger.You don't work in groups. on some strategic alliances now, and we find the corporate department of a Boston law You may collaborate in study groups, but you ourselves thinking about things like, if another firm, he accepted a position with Mintz, are competing with even your best friend for a company wants to do some derivative work, Levin, Cohn, Ferris, Glovsky & Popeo. They job. Law school is more competitive, because who actually owns the derivative work? It's an hired him as a second-year associate in their there is one route out of it; you are basically intellectual property issue. And that comes business section, even though he'd only going to go out and practice law." from the law side of our training." _ worked six months. "It means more money In business, on the other hand, "everything is -LM. for me, and I'm on a faster track for partner done in teams, including all of your big projects. If ship," Mahoney says. 'Tm a year ahead." you are not good in a team, you are not going to What does the interest in dual degrees do well in business school, or it will be a very imply for the future? Will the availability of painful experience.To have fun there, and get a lot dual degree programs create a breed of intel out of it, you need to be a good team member, but lectual monsters, raising the bar so high for that's difficult for a lot of law students to accept." graduate students that eventually employers In the work world, Boesel and Hexamer have will come to expect it? Repetti doubts it. "In taken the collaborative route. Their company, many forms of law practice, eventually you Sidebar Software, has developed a software pro acquire the equivalent of an M.B.A. some gram called Citelt! that draws on their business where along the way" on an experiential lev and marketing skills and their knowledge of the iii el, he says. He also cites the cost of this train legal world. The software, launched in April, is ing. It is more expensive to do an additional I designed to help attorneys and law students ~ year, a factor that he thinks will restrict the quickly create accurate legal citations that con Entrepreneurs Mark Hexamer and Greg Boesel got the number of students pursuing the option. form to Bluebook rules.There are two versions of best of both worfds in the dual program. "It's absolutely not necessary at all" to have both degrees, concurs Sandra A. Smith, a 1998 ].D.lM.B.A. who is doing general corporate law at Hutchins, Wheeler & gains me credibility in the marketplace. It tion to either field. "Some law firms, for Dittmar in Boston. "But it's incredibly help shows you are not a lawyer with a narrow example, might say to a graduate, 'Do you ful to have an understanding of finance and vision of the law." want to be a lawyer or a business person?' or accounting" in the practice of law. "I can't Dean McClellan points out that some ask, 'What is this person good at?'" stress that enough. I feel like I have a lot of employers are actually wary of dual degree The reality is, however, that for the fore doors open to me. And having an M.B.A. graduates, questioning the student's dedica- seeable future, dual degrees seem to be here to stay. "The world is a more complicated place than it used to be," Dean Garvey says. "And Will the availability of dual degree programs law grows as the world becomes more create a breed of intellectual monsters, complicated." _ raising the bar so high for graduate students that Linda Matchan is a reporter for the eventually employers will come to expect it? Boston Globe. SPRlNG 2000 / BOSTON COLLEG E LAW SCHOOL MAGAZI NE 33 FACUL7Y NEWS NOT E S Is the Internet More Feudal Than Futuristic? by Vicki Sanders rowing up in California, the math whiz son of a physicist (mother) and that may compromise its ability to perceive the Internet's effects. "We call it Gengineer (father), Fred Yen didn't have a crystal ball-but it turns out cyberspace, a land of boundless possibility, full of freedom of the individual to he didn't need one. When the Internet burst into the mainstream in the strike out; it's rugged American individualism finally realized in the electrons of early 1990s and began a revolution in communications, technology, and law a microchip;" Yen says. "I happen to think this metaphor colors what we see as that is still in its infancy, Yen was ready for it. "I just happened to be sitting there cyberspace's potential. We are conjuring up John Wayne and the Wild West. when the Information Age came rolling in," he says, only half facetiously. But a lot of terrible things happened in those times. There were bandits. Native What he also "just happened" to have was a bachelor's degree in mathemat Americans were slaughtered. I think the idea of a natural utopia is oversold by ics and a master's in operations research from Stanford University, a law degree the romanticism we've attached to the metaphor of cyberspace. That is why I from Harvard, and several years of experience teaching and researching copy think there is value in trying a more sobering metaphor like feudalism when right and intellectual property as a professor at Boston College Law School. A studying the Internet." violinist, he also had a personal interest in artists' rights, protections that have As fascinated as Yen is by his scholarly explorations, he believes part of their been severely tested in cyberspace. 'The Internet is one big copying machine. It worth is being able to bring his discoveries into the classroom. "In my copyright operates by sending copies of stuff to other people," says Yen. Because ofInter class, some of the material is conventional, some is unique to my research. Com net access to, say, music and the ease with which it can be downloaded through ing to BC Law School therefore gives students something special; they are at the personal computers, copies of a song can literally be sent to millions of people. cutting edge of the work," he says. "Even if the law inhibits this, it may be impossible to enforce," Yen observes, For a professor whose interest in law is so focused on the tomorrows of tech pointing to how furiously the music, sofTware, and movie industries are work nology, Yen stays his course with an appreciation for yesterday's and today's ing to forestall these effects. time-tested values. "Part of what makes instruction so strong at the Law School Even as the Internet has opened a Pandora's Box of perplexing practical is the faculty's sense that we're not just teaching information or a craft. We are questions concerning intellectual property and copyright laws, a scholar like Yen really teaching students about the larger role of lawyering in society. The Law cannot resist looking deeper, into history and aesthetic theory, for guidance. For School takes civil and individual rights seriously; these are values that are part example, in 1998 he published "The Danger of Bootstrap Formalism in Copy of the school's Jesuit tradition and consistent with what I understand 'law in the right" in the Journal ofIntelle ctual Property Law. In the article, Yen challenges service to others' to be about," he says. the long-held legal notion that aesthetics should not be considered when decid Yen does his own brand of service to others by participating in various soci ing copyright cases and argues that the eties and organizations that work to very structure of copyright law and its improve education and diversifY the ambiguities is comparable to basic aes profession. He was instrumental, for thetic theory. example, in establishing an organiza He is also at work on a project that tion of Asian Pacific American law is taking him as far back as the ninth professors. One of their conferences, century as he compares feudal prac held at Boston College Law School in tices to the development of Internet 1998, dealt with the history and poli sites and their proprietors' objectives tics of race, justice, and reparations. and methods of conttol. "My under The focus was on Fred Korematsu, standing of feudalism is that part of who spent forty years trying to get his the value of the feudal system was conviction overturned for refusing to serfs; it needed them tied to the land cooperate in the internment of Japan to make it productive. I think that ese Americans during World War II. many Internet businesses (such as He ultimately succeeded and was giv AOL and eBay) aren't valuable because en the Presidential Medal of Freedom they turn out earnings but because Award. "If you believe it is part of your they have people who are tied to identity and an issue in your life, you the sites as customers," he explains. start thinking there must be a story "People in the Internet business call it here about how law affects the lives of 'buying eyeballs.' The value of the Asian Americans," Yen says, explain acquired business is the value of users ing this aspect of his scholarship. tied to the site. If those 'eyeballs' In the absence of professors escape, the business isn't worth buy willing to tackle issues like Koremat ing." This becomes important legally, su's, important stories go untold. he says, because the commercial "Korematsu talks about civil rights in imperatives of controlling or exploit a concrete and important way, and if ing users create pressure to strip ~ people don't take the initiative to be Internet users of their legal rights. ~ sure they're told," then legal educa Yen is concerned that society views ______..... ~ tion, society-and history itself-are the Internet in metaphorical terms Fred Yen: A professor whose interest in law is focused on the tomorrows of technology. diminished, he says. _ 34 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 NEWS & NOTES FACULTY 10TES Institute. Assistant editor for 5 Legal Writing: Journal of the Legal Writing The following is a compilation of Imtitute. the recent activities and accom plishments of Boston College Law Appointments: Elected secretary of School's faculty. the section on legal writing, analysis, and research of the Association of American Law Schools. Reginald Alleyne, Visiting Professor Other: Testified before the standards review committee of the American Presentations: ''Arbi trator Bias and Bar Association Section on Legal Edu Conflict of Interest," at a conference cation Standards on 405c status for sponsored by the Commission on legal writing professionals, in Dallas, Conciliation, Mediation, and Arbitra Texas, in February. tion (CCMA) , in Johannesburg, South Africa, in December. Mark S. Brodin, Professor Activities: Member of a State Other: Spoke before a group of state Department-sponsored group of judges on the topic of codification of American labor arbitrators that assist Karen Beck, ologies, Institutions, and State Forma the Massachusetts law of evidence, in ed the CCMA in training South Legal Reference Librarian tion in the Atlantic World," at the March. African arbitrators, in Johannesburg, annual conference of the American South Africa. Recent Publications: "The Time Society for Legal History, in October. Has Come for Electronic Cite-Check George D. Brown, Professor Alexis Anderson, Lecturer in Law ing." AALL Spectrum 4: no. 7 (April Appointments: To a four-year term Recent Publications: "Putting Activities: Project director for the 2000). on the editorial board of the Law and Watergate Behind Us- Salinas, Sun History Review, the major peer-review 2000 Summer Institute in Reform in Activities: Participated on a panel Diamond and Two Views of the Anti publication in legal history. Elected a American History and Law for foreign entitled "Organizational Change in cortuption Model." Tulane Law resident member of the Massachusetts universiry professors. This is the sec Law Libraries," at the March 2000 Review 74 (February 2000): 747-813. Historical Society, in February. ond grant offered through the State meeting of direcrors of member Department's Fulbright program. The libraries of the New England Law Michael R. Cassidy, Associate program is a joint endeavor of Bosron Library Consortium. As a member of Robert M. Bloom, Professor Dean for Administration College's Law School and the School a panel enti tled "Legal Education: Activities: Acted as judge in a Massa Activities: Conducted trial advocacy of Arts and Sciences. Past and Future," discussed law stu chusetts Law Reform Institute pro training for the office of Massachu dent notebooks and the history of gram to train new legal service setts Attorney General Thomas Reilly, Hugh J. Ault, Professor American legal education in the nine lawyers, in March. in June. Presentations: "Trends in Interna teenth century, at the Spring 2000 Other: Appeared on the Newton, tional Taxation," at the University of meeting of the Law Librarians of New Massachusetts, cable system show Daniel R. Coquillerte, Professor Freiburg, in Germany, in February. England, held at Yale Law School. Legal Lines, regarding quality of jus "Alternative Dispute Resolution Tech Work in Progress: With Judith Appointments: Appointed to the tice issues. niques in International Taxation," at McMorrow. The Federal Law ofAttor American Association of Law the London School of Economics, in ney Conduct. Matthew Bender (forth Libraries Call for Papers Committee. London, England, in March. E. Joan Blum, coming December 2000). The History Associate Professor ofLegal of Harvard Law School. Cambridge, Activities: Represented the Organiza Mary Sarah Bilder, Reasoning, Research, and Writing MA: Spencer Foundation. tion for Economic Cooperation and Associate Professor Recent Publications: "Writing Presentations: "Treasures of Har Development (OECD) at the Ameri Presentations: "Law Books and Labs: Commenting on Student Work vard Law School," at the Boston can Bar Association section meeting, Lawyers in Colonial Rhode Island," at in-Progress." The Second Draft: Athenaeum, in April. Presented as in San Diego, California, in January. the University of Limerick Law Bulletin of the Legal Writing Imtitute reporter to the bankruptcy committee Participant in a panel discussion on Department, in Limerick, Ireland, in 14: no. 1 (November 1999): 11-12. at the Judicial Conference of the Unit "US-Switzerland Cross Border Merg February. er and Acquisitions," at the University Work in Progress: An article entitled ed States, in Key Largo, Florida, in Activities: Chair of the panel "Ide- March; and to the civil rights and the of St. Gallen, III Switzerland, "Revision as Reflective Practice," on in February. the importance of self-evaluation in appellate rules committees, in Wash ington, DC, in ApriL Other: Consultant to the OECD in writing, and a study of uses of tech Paris, France. nology in the law school classroom. Activities: Attended the Anglo Activities: Member of the committee American Legal Heritage meeting of the American Bar Foundation, at the Daniel Barnett, on national strategy on 405c status for Special Oxford Conference, in Lon Associate Professor ofLegal legal reading and writing profession don, England. Reasoning, Research, and Writing als. Co-chair, with Jane Gionfriddo, Activities: Executive committee of the oversight committee of The Sec Appointments: Visiting professor of member and chair of the programs ond Draft, the semiannual newsletter law under a three-year, renewable con committee of the legal writing, rea of the Legal Writing Institute. Co tract at Harvard Law School. Named soning, and research section of the Mary Bilder with Raymond Friel in his office chair of the membership outreach life member of the American Law Association of American Law Schools. at the University of Umerick in Ireland. committee of the Legal Writing Institute, in May. SPRI NG 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 35 FACULTY NEWS NOTES Other: As toastmaster, introduced ers?" Boston Bar Journal 44: no. 1 Oan Kent Greenfield, Commercial Law Journal 104 (Winter Edward Koch, former mayor of New uary/February 2000): 14-5,31-32. Associate Professor 1999): 377-425. With Raymond T. Nimmer and Michael G. Hillinger. York, at the Harvard Law Review's Presentations: "The Role of Work in Progress: "Ultra Vires Commercial Transactions: Secured 113th banquet. Fearured in an article Catholic Teaching in the Catholic Lives! A Stakeholder Analysis of Cor entitled "Law Abiding," in the Winter Financing: Cases, Materials, Problems. Law School," sponsored by the St. porate Criminality (with Notes on 2nd ed. Charlottesville, VA: Lexis 2000 issue of Boston College Magazine, Thomas More Society, at BCLS, in How Corporate Law Could Reinforce and in "Faculty Bookshelf," in the Publishing, 1999. November. International Law Norms)." "Corpo Summer 1999 issue of the Harvard Work in Progress: A teaching manu Activities: Led a panel presenration rate Law as Regulatory Tool to Law Bulletin. al that analyzes the problems under titled "Official Duties," for a sympo Achieve Social and Economic existing and revised Article 9. Leslie G. Espinoza, sium on the role of religion in the Change." Associate Clinical Professor administration of the death penalty, at Presentations: "The Use of the Presentations: "Case Law Miracle: the College of William and Mary Internet in the Classroom," to the Resurrection of a Lease Terminated Work in Progress: "The Histoty and Marshall-Wythe School of Law, in BCLS faculty, in November. "A Con Prepetition," at the winter meeting of Future of Latino Legal Scholarship." April. Chaired a program entitled tracrual View of Corporate Criminal the Northeast Region Commercial Activities: Chaired a panel entitled ''Anti-discrimination and the Reli ity," at a BCLS faculty colloquium, in Law League, in January. Gave the "Policing Gender: The Military," at gious Exemption," at the annual November. "The Essence of Legal keynote address at the 1999 meeting the Association of American Law meeting of the Association of Ameri Scholarship," to the Boston College of the North Carolina Bankruptcy Schools Workshop for Women in can Law Schools, in January. Law Review, in November. "The Bar Association, in November. Legal Education. Meeting of the WTO as a Constiru Jane Kent Gionfriddo, Associate tional Moment," at a BCLS faculty Anthony P. Farley, Professor and Director ofLegal colloquium, in December. "The Effi Associate Professor Reasoning, Research, and Writing ciency of Corporate Law as Regulato Recent Publications: "Faith, Hope, ry Tool," at the Conference on Socio Activities: Co-chair of the elections and Charity." In Urgent Times: Polic Economics, at Georgetown University committee and the programs commit ing and Rights in Inner-City Commu Law School, in January. "Ultra Vires tee of the Legal Writing Instirute, in nities, edited by Joshua Cohen and Lives!" at a faculty colloquium at the Seattle, Washington. Joel Rogers, 89-92. Boston, MA: Bea Benjamin N. Cardoza School of Law, con Press, 1999. Appointments: Accepted for mem in March. "Corporate Law as Regula bership in the legal writing organiza tory Tool to Achieve Social and Eco tion Scribes: The American Society of nomic Change," at the Twelfth Annu Writers on Legal Subjects. al Conference on Socio-Economics, at Urgent Ruth-Arlene W. Howe, Professor Times Other: Testified before the standards the London School of Economics. review committee of the American Activities: Panelist and commentator Recent Publications: "Adoption 11>1 lJINf • • ITl ''=~:;;;=~---I Bar Association Section on Legal Edu at the inaugural conference of the Laws and Practices in 2000: Serving C OJolJoluNITI ~ cation Standards on 405(c) srarus for Sloan Program fo r the Study of Busi Whose Interests?" Family Law Quar legal writing professionals, in Dallas, ness in Society, at George Washington terly 33 (Fall 1999): 677-689. Texas, in February. Responsible for Law School, in October. Presentations: "Money, Power, and choosing presentations, planning a Accountability: The Business of program, and creating a program Francis R. Herrmann, S.J., Adoption," at "Ethics and Adoption: brochure for a conference on legal Anthony Farley Associate Professor Challenges for Today and the Future," writing at Seattle University School of contributed to Presentations: ''A Continental Rule a conference sponsored by the Evan B. both these Law, to be held in Summer 2000. Against Hearsay," at the Association Donaldson Adoption Instirute, in anthologies. of American Law Schools, in Wash Anaheim, California, in November. Phyllis Goldfarb, Professor ington, DC, in January. "Roman and "'Tis Time to Claim Our Children," Activities: Counsel of record on a Canonical Roots of Hearsay Doc with Theodore H. Howe, at the Four Activities: Member of the "Knowl petition for certiorari to the United trine," at the Georgetown University teenth Annual Black Family Sum edge Production in the Legal Acade States Supreme Court in a capital case Law Center Advanced Evidence Sem mit-The Family and the New Mil my" panel at a national conference, from the state of Pennsylvania. inar, in January. lennium: An Agenda for the Twenty "Civil Rights-Civil Liberties at Thir Coach, with Michael Cassidy, of the First Century, at the University of ty-Five: Constitutional Lawyering in Criminal Procedure Moor Court Ingrid M. Hillinger, South Carolina School of Social the Twenty-First Century," sponsored Team that competed in April. Associate Professor Work, in March. by the Harvard Civil Rights-Civil Recent Publications: With Claudia Activities: Member of the panel enti Liberties Law Review, at Harvard Law Irene R. Good, Tobler. "Asset Protection Devices: tled "The Black Juris Doctorate and School, in March. Legal Reference Librarian Twyne's Case Retold." Journal of Her Role Entering the Next Millenni Promotions: Promoted to associate Activities: Participated on a panel Bankruptcy Law and Practice 9: no. 1 um," as part of the Black Law Srudent professor with tenure. entitled "Organizational Change in (November/December 1999): 3-58. Association program at Suffolk Uni Law Libraries," at the March 2000 With Michael G. Hillinger. "Section versity Law School, in March. Com John H. Garvey, Dean meeting of directors of member 365 in the Consumer Context: Some mentator and respondent for panel on Recent Publications: "What Does libraries of the New England Law thing O ld, Something New, Some racial identity, as part of a colloquium the Constitution Say about Vouch- Library Consortium. thing Borrowed, Something Blue." on the ethics of adoption, at the Uni- ]6 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 versiry of Massachusetrs's Department Family Policy in the United States and Nineteenth Hugo Sinzheimer Memo Cynthia C. Lichtenstein, Professor of Philosophy, in March. England," to be published in Cross rial Lecture, at the Universiry of Recent Publications: Introduction: Currents. O)(ford Universiry Press Frankfun, in Germany. Professor Other: Consultant for Between Black Panel on "Preventing Asian Type (forthcoming 2000). Kohler is only the second American to and White: Transracial Adoption in Crises: Who, If Anyone, Should Have deliver this endowed lecture, which is America, a film documentary pro Appointments: Co-director, Study Jurisdiction over Capital Move named in honor of the father of Ger duced by Big Mouth Productions. of Anglo-American Family Law, spon ments," ILSA Journal ofInternational man and continental labor law. sored by the OKford-New York Uni and Comparative Law 5 (1999) Daniel Kanstroom, versiry Institute of Global Law, at Activities: Held a seminar on devel 395-396. "Current Developmenrs in Associate Clinical Professor Pembroke College, OKford Universi opments in labor market regulations International Securities Regulation Work in Progress: "Deponation, ry, OKford, England. Cooperation." Pan 1, 5th Interim Social Control, and Punishment: Other: Visiting fellow at Pembroke Repon, Committee on International Some Thoughts about Why Hard College, OKford Universiry, OKford, Securities Regulation. In International Laws Make Bad Cases." Harvard Law England, 1999- 2000. Attended the Law Association: Report of the Sixty Review (forthcoming 2000). executive council meeting of the Eighth Conference, held in Taipei, Tai Activities: Participated in a panel dis International Sociery of Family Law, wan, Republic of China, 24-30 May, cussion of the Elian Gonzalez case, at in Modena, Italy, in March. Received 1998, 345-348. London: The Associ BCLS, in January. Traveled with a an award for rwenry-five years of dis ation, 1998. An anicle titled "Change group of Law School students to work cinguished service to the International to Architecture Must Fit the Frame on cases at the Florida Immigrant Sociery of Family Law (ISFL), at the work" was published in the Financial Times, on February 9, 1999. Advocacy Center, in February. Mem ISFL Tenth World Conference, In ber of the planning committee for Brisbane, Australia, in July. Work in Progress: "International immigration law and crimes training Jurisdiction over International Capital Elisabeth A. Keller, for state court judges, organized by Flows and the Role of the IMF: Plus Adjunct Associate Professor the Massachusetts Administrative <;:a Change.... " In International Mon Office of the Trial Court Judicial Recent Publications: "Audiotaped etary Law Issues for the New Institute, in February. Critiques of Written Work." The Sec Millennium. OKford Universiry Press Other: Interviewed for a feature col ond Draft 14: no. 1 (November (Summer 2000). "Public Liabiliry in and trends In working life arrange umn on politics in the Chronicle, 1999): 13-14. US Courrs and Brasserie du Pecheur menrs in the US, at the Universiry of regarding his position as director of Presentations: ''Academic Support and Factoname in the European Cologne Research Inscitute for Social the Boston College Immigration and at Boston College," a video presenta Coun." In Liber Amicorum for Gor Law, in Germany, in December. Par Asylum Project, in October. On New tion at the CLEO conference retreat, don Slynn: Court Review in Interna ticipant in the Seventh Annual England Cable News, discussed "Inter in Indianapolis, Indiana, in March. tional Perspective. Kluwer Academic Employment Policy Discussion on national Terrorism and Immigration Press (2000). "The Low-Wage Sector and Wage Control," in December, and the "Case Thomas C. Kohler, Professor Subvention in the Mirror of Employ Presentations: "Ingredients for a of Eli an Gonzalez," in January. Recent Publications: With Michael ment and Social Law, " sponsored by SuccessfulLBT Course," at the Amer Kittner. "Klindigungsschutz In Sanford N. Katz, Professor the Otto Brenner Foundation, at the ican Association of Law Schools Deutschland und den USA. " Betriebs Universiry of Frankfurt, in Germany, workshop, "International Business Recent Publications: "Epilogue." Berater 13: Beilage 4 (March 3, 2000): in December. Held a seminar encitled Transactions Plenary I," in February. Family Law Quarterly 33 (Fall 1999): 1-30 (insen pages). "Who is an Employee, and Why Does Commentator on "Plenary II: Mone 435-445. "Emerging Models for Presentations: "Labor Markets and It Matter?" as part of the trade union tary Law," at the annual meeting of Alternatives to Marriage." Family Law Labor Law in the United States: A program at the Harvard Universiry the International Economic Law Quarterly 33 (Fall 1999): 663-675. Contribution to the Flexibilisation Kennedy School of Government, in Group of the American Sociery of Work in Progress: "Family Law and Debate in Germany," as holder of the January. International Law, in February. Two Faculty Promoted ark Spiegel and Anthony Farley have received been facul ry director of the Boston College Legal Assis Mpromotions at Boston College Law School. tance Bureau. His research is focused on problems of Dean John Garvey announced that Spiegel, professional ethics, parcicularly lawyer-client relations. an associate professor, has been named full professor, Farley was an assistant US attorney in the District of and that Farley has been promoted from assistant pro Columbia before joining Boston College Law School in fessor to associate professor with tenure. 1994. He teaches constitutional and First Amendment Spiegel, who received his J.D. from the Universiry law, criminal procedure, and postmodern legal theory. A of Chicago Law School, has been at BC Law since 1987 graduate of Harvard Law School, Farley is widely 1980, teaching civil procedure, civil righrs litigation, published on topics ranging from globalism to hate Anthony Farley and federal couns, among other subjects. He has also Mark Spiegel crimes . • SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 37 Appointments: Vice chair-designate Zygmunt J. B. Plater, Professor Joan A. Shear, Hierarchies of Economic Oppression, of rhe Boston Bar Association's Inter Recognizing Judicial Disaffinity for Work in Progress: "Environmental Legal Reference Librarian national Law Section. Nominated to Black Women and Men." Journal of Law and Policy: Nature, Law, and Recent Publications: "On Target board of trustees of rhe Law School Gender, Race & Justice 3 (1999): Society," a supplement to the environ PR." AALL Spectrum 4: no. 3 Admission Council. 177-252. "Looking Beyond Tradi mental law course book. Beginning (November 1999): 14. (Electronic tional Educational Paradigms: When research work and editing on a book version available at hrtp:llwww.aall Old Victims Become New Victimiz Ray D. Madoff, on endangered species litigation net.org/committee/pr/Articles/Nov 19 ers." Hamline Law Review 23 (Fall Associate Professor (forrhcoming 2002). 99.html). 1999): 101-176. "Reliance on the Appointments: Appointed an acade Activities: Taught rhe introductory Paul Reingold, VISiting Professor Kindness of Strangers: The Myth of mic fellow of the American College of class on legal aurhority and citations Transracial Affinity versus the Reali Trusts and Estates Counsel. Work in Progress: "Recent Trends in for rhe Introduction to Legal Research ties of Transracial Educational Legal Education," Kwamei Gakuin Other: Received a faculty achieve course (April & May), sponsored by Pedism." Rutgers Law Review 52 (Fall English Language Law Journal (forth ment award from rhe Boston College rhe Law Libraries of New England. 1999): 1-122. "Teaching the coming 2000). Law Students Association for "extra Was a team member of rhe New Eng Retrenchment Generation: When ordinary service and inspirational Activities: Co-taught rhe civil litiga land Law Library Consortium, which Sapphire Meets Socrates at the Inter dedication to rhe Boston College Law tion seminar and supervised second won an Excellence in Marketing section of Race, Gender and Aurhori School community." and third-year students in rhe Boston Award-Technology Division, from ty." William and Mary Journal of College Legal Assistance Bureau, a the American Association of Law Women and Law 6 (Fall 1999): Libraries. Judith A. McMorrow, freestanding legal services office oper 53-214. "A Message to Sapphire and ated by rhe Law School, in Walrham, Her Sisters." Women in Higher Educa Associate Professor Francine T. Shennan, Adjunct MassachusettS. tion 9: no. 2 (February 2000): 31-34. Presentations: "The (F) Utility of Clinical Professor and Juvenile Rules in Regulating Attorney Con Other: On sabbatical, spent the fall Rights Advocacy Project Director Work in Progress: "Failing to Men 1999 term as visiting professor oflaw tor Sapphire: The Actionability of duct in Federal Court Practice," at the Recent Publications: Wirh William at rhe University of Salamanca Law Blocking Black Women from Initiat Boston College Jesuit Institute series R. Torbert, editor. TramformingSocial School, in Salamanca, Spain. ing Mentoring Relationships" and on Structutal Impediments to Erhical Inquiry, Transforming Social Action: "Race, Gender, and Subject Marter Behavior, in March. New Paradigms for Crossing the Theo Bias Facing Black Women Who Cre ry/Practice Divide in Universities and ate, Protect, and Teach Technology." John B. Nann, Communities. Boston, MA: Kluwer UCLA Women's Law Journal (forrh Legal Reference Librarian and Academic Press, 2000. "What's in a coming Spring 2000). "The Tyrannies Educational Technology Specialist Name? Runaway Girls Pose Chal of Silence of rhe Untenured Professors lenges for the Justice System," Appointments: Appointed to the of Color." UC Davis Law Review Women, Girls, and Criminal Justice 1: advisory commirtee for aallnet, rhe (forthcoming 2000). "The Social no. 2 (February/March 2000): official Web site of the American Immutability of Race in Real Time 19-20,26. Association of Law Libraries. and Cybertime," in rhe Tulane Law Presentations: "Female Delin School edition of National Black Law Sharon Hamby O'Connor, quents-Adolescent Prostitutes," at rhe Journal (forrhcoming Spring 2000). Associate Professor and James R. Repetti, Professor DePaul Law Review tenrh annual sym "Exploring Racial Barriers to Entry to posium, "Statutory Rape Realities: Associate Dean for Library Recent Publications: "The Case for Technology and the Information Scholarship and Practice," in Chica and Computing Services rhe Estate and Gift Tax," Tax Notes 85 Superhighway." Western New England go, Illinois, in March. Law Review (forrhcoming Fall 2000). Activities: Member of the panel (March 13,2000): 1493-1510. Wirh "Organizational Change in Law Paul R. McDaniel and Paul L. Caron. Activities: Sponsor, with rhe Ameri Presentations: "Race, Gender, and Libraries," at the March 2000 meet Federal Wealth Transfer Taxation: Cases can Bar Association and rhe Philadel Subject Marter Bias Facing Women ing of directors of member libraries of and Materials. 4th ed. Teacher's Manu phia Defenders Association, of rhe Who Teach Technology," at Stanford rhe New England Law Library Con al. New York: Foundation Press, Law Reform Strategy Session for Girls University Conference on Race, in sortium. Member of rhe panel "lead 1999. in the Justice System, in Washington, November. "Exploring Racial Barriers DC, in March. ing Law Libraries into rhe Twenty Work in Progress: "The Wealrh Tax: to Entry to Technology and rhe Infor First Century: Management and Valuation Is the Problem." NYU Tax mation Superhighway," at a sympo Pamela J. Smith, Organizational Change," offered by Law Review (forthcoming). sium at Boston College, in November. rhe Section on Law Libraries at the Assistant Professor Workshop on "Intellectual Property: annual meeting of the Association of Presentations: "The Case for rhe Recent Publications: "Sisters in rhe Entrepreneurial Employees in the American Law Schools, in Washing Gift Tax," to government officials Next Millennium." St. Hilda's College next Millennium," at rhe US Black from rhe Treasury Department and ton, DC, in January. In Tuscon, Ari of Oxford University Report and Engineers Awards Conference, in Bal Joint Commirtee on Taxation, at rhe zona, spoke about the organizational Chronicle (1998/1999): 100-103. timore, Maryland, lfi February. structure of rhe BC Law library, as NYU/Tax Analysts Government Tax "Part I-Romantic Paternalism: The "When Sapphire Meets Socrates at rhe part of a panel discussion on personal Policy Workshop. Ties That Bind Have Also Freed." Intersection of Race, Gender, and and cultutal change in rhe world of Other: Quoted on rhe front page of Journal of Gender, Race & Justice 3 Authority," at the Center for Gender work, at rhe "Living rhe Future 3 the Wall Street Journal, regarding (1999): 103-176. "Part II-Romantic Equity leadership symposium, at the Conference." Congress and the estate tax, in March. Paternalism: The Ties That Bind: University of California, in San Fran- 38 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 FACULTY NEWS & NOTES cisco, California, in March. "Barriers Capability." [Symposium Honoring Quesrionably Comperenr Clienr." In Presentations: "The Precaurionary to Entry to Technology," ar rhe Kennerh Karsr] UCLA Law Review 47 Ethical Issues for Legal Service Attor Approach," ar a North American Boston College College Bound Pro (forthcoming June 2000). "The Equi neys, edired by Lynn A. Girton, Commission for Environmenral gram, in March, and ar rhe Wesrern rable Distriburion ofInjusrice." [Sym 67-80. Boston: MCLE, Inc., 2000. Cooperation workshop on environ New England School of Law, in posium on Rebellious Leadership] 32 Work in Progress: With D. Binder, menral rrade, in Monrreal, Quebec, in Springfield, Massachuserrs, in April. Connecticut Law Review (forrhcoming December. "Foreign Investmenr Lib P. Bergman, and S. Price. Lawyers "The Theory and Pracrice of Recenr eralization and Social Welfare Regula July 2000). as Counselors: A Client-Centered Ap Trademark/Domain Names Contro rion," ar rhe Inrernational Law Week proach. 2nd ed. Wesr Publishing versies," ar rhe Inrellecrual Pro perry (forthcoming 2001). end, sponsored by the American Conrinuing Legal Educarion program Branch of Inrernarional Law Associa of rhe American Bar Associarion. Presentations: "Represenring rhe rion, in New York, New York, in "The Digiral Divide: A Legacy of rhe Quesrionably Competenr Clienr," ar November. "The Trade/Social Policy Historical Inrellecrual Disenfranchise the MCLE program on Legal Erhies Debare" ar a faculry colloquium at menr of Black Children," ar rhe E for Legal Services Attorneys, in BCLS, in December. Presenrarion on Awards Bridging rhe Digiral Gap Bosron, in February. "A Cririque of careers in inrernarionallaw and a pan Conference in San Jose, California, in Client-Centered Inrerviewing and el presenration regarding rhe Elian April. "Where rhe Girls Work: A Crir Presentations: "Proposal for an Counseling," ar the New England Gonzalez case, ar BCLS, in January. ical Review of Racial and Gendered Inrernarional Judicial Insrirure in Clinical Teachers Workshop, at Activities: Commenraror on rhe pan Barriers to Technology," ar rhe Third Jerusalem," ar rhe Brandeis Universiry BCLS, in March. el "Regulatory Comperition in the European Social Science History program on Erhies, Jusrice, and Public Activities: Moderaror of rhe panel EU Sysrem," ar a conference enritled Conference on gender and rechnolo Life, in Augusr. "Dignity and Defaulr: "Communiry Economic Develop "Regulatory Competition and Eco gy, in Amsterdam, Holland, in April. Full and Equal Access, Righrs, and menr in Clinical Programs," ar rhe Benefirs," ar the William S. Richard nomic Inregration: Compararive Per annual meeting of the Associarion of Activities: Conrinued The Journal, a son School of Law faculty colloqui specrives," ar Yale University, in Octo newsletter for the Boston College American Law Schools, in Washing ber. um, ar rhe University of Hawaii, In Council of Black Faculty. Organizing ton, DC, in January. Chair of the Ocrober. Appointments: Member of rhe member for rhe Northeast Professors Bosron Bar Association New Lawyer board of directors of the Harvard Pier of Color Conference held in Puerro Appointments: Chair of rhe J. Professional Developmenr Workshop an Foundarion, which supports rhe Rico, in April. Member of rhe Univer Willard Hursr Memorial Legal Hisro titled "Everyday Erhies in the Real Harvard-Radcliffe Orchestra. Mem sity budget committee. Created and ry Instirure of rhe American Society World: What to Look Out For," in ber of the steering committee of rhe managed a survey and database on the for Legal Hisrory. Appoinred ro rhe April. Yale Law School Association of New experiences of women who teach board of advisers ar the Universiry of England. inrellectual property, practice inrellec Limerick Law Departmenr and ar Catharine P. Wells, Professor rual property law, and create and/or Northeasrern Universiry School of Other: Member of rhe Council on Work in Progress: "The Perils of manage information technology. Law. Re-elecred ro the board of direc Foreign Relations srudy group on a Race and Gender in a World of Legal rors of the Sociery of American Law rechnology policy for global warming. Appointments: Awarded a Fulbright Abstraction." USF Law Review (forrh Teachers and ro rhe board of rrusrees lecrurer fellowship in inrellecrual coming). of the New England Medical Cenrer. Alfred C. Yen, Professor properry by the Educarional Exchange Other: On sabbarical for rhe Presentations: "Inrerner Service Office of the US Embassy in Beijing David A. Wirth, Professor and the Chinese Minisrry of Educa 1999-2000 academic year ar rhe Uni Provider Liabiliry for Subscriber Recent Publications: "Some Reflec rion for rhe 2000-01 academic year, versiry of Hawaii. Copyright Infringemenr, Enrerprise rions on Turtles, Tuna, Dolphin, and ar Peking University, in Beijing, Chi Liabiliry, and the Firsr Amenclmenr," na. This is the firsr Fulbrighr ro be Mark Spiegel, Professor Shrimp." Yearbook of International at Case Western Reserve Universiry awarded ro a BCLS professor. Recent Publications: "The Rule 11 Environmental Law 9 (1998): 40-47. School of Law, in November. "Globalizing rhe Environmenr." In Other: Inrerviewed for an article Srudies and Civil Rights Cases: An Activities: Member of the panel "The Inquiry inro rhe Neutrality of Proce Beyond Sovereignty: Issues for a Global ritled "Srudy Finds Women in IP K. Inrerner and Inequaliry," at rhe Asso dural Rules." Connecticut Law Review Agenda, edited by Maryann Cusi Have Come Long Way, Bur Aren'r mano, 198-216. Bosron: Sr. Martin's, ciarion of American Law Schools 32 (Fall 1999): 155-207. There Yet, " by D. Srandiford in the 2000. annual meeting and workshop on law Intellectual Property Weekly, In Promotions: Promoted from associ and technology, in Washington, DC, November. Inrerviewed by Jennifer ate professor to full professor of law. Work in Progress: "Compliance in January. Member of the panel "The with Non-Binding Norms of Trade Hiring of Asian American Law School Theland for an arricle in The Recorder, Other: Taught at the University of and Finance." In Commitment and Faculry," at the Sixth Annual Nation a legal newspaper in San Francisco, Paris, in Nanrerre, France, in April. California, regarding rhe assessment Compliance: The Role ofNon-Binding al Asian Pacific American Conference of barriers to entry and success Norms in the International Legal Sys on Law and Public Policy, in March. Paul R. Tremblay, tem, edited by Dinah L. Shelton for women inrellecrual properry Clinical Professor (1999). "Unilareral Trade-Based Mea Appointments: Appoinred to the attorneys. Recent Publications: "The New sures for Protection of rhe Marine board of governors of rhe Society of American Law Teachers. Casuistry." Georgetown Journal of Environmenr: A Legal and Policy Per Aviam Soifer, Professor Legal Ethics 12 (Spring 1999): specrive." In Values at Sea: Environ Other: Quored in US News and Work in Progress: "The Disabiliry 489-542. "A Primer on rhe Erhical mental Ethics for Marine Ecosystems, World Report on rhe case involving rhe Term: Digniry, Defaulr, and Negarive Duties of a Lawyer Who Represenrs a edited by Dorinda Dallmeyer (2000). Small Street Journal. • SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 39 Alumni NEWS NOT E S NASCAR a Pit Stop for Birmingham '70 by Jeri Zeder f a man's professional accomplishments tell something about him, Operating a championship-quality team requires big bucks. It I then the feats of John Oack) Birmingham '70 say that he can do costs $50,000 to $100,000 per car per week for maintenance, and anything he sets his mind to. Now the owner of NASCAR's Eel the typical team owns about ten cars (Eel River Racing has fifteen) . River Racing Team, which competes in nothing less than the Winsron The money in stock car racing comes mostly from sponsors, and Cup Series-the stock car racing that's where Birmingham, who also provides financing, directs most equivalent of major league base of his efforts. "Sponsors pay from $4 million to $10 million for ball-Birmingham has a history advertising on a car," Birmingham explains. Pfizer Chemical is Eel of making things happen. In River's primary sponsor. 1969, when he didn't get onto So how is the team doing? "They are not in the top five or ten, the Boston College Law Review, but that is not a realistic goal for them this year," says Zifchak. They for example, he founded the Law are aiming to be among the top twenty-five cars on the first day of School's Environmental Affairs qualifYing, and most of the time they are meeting the goal. But, he Law Review. adds, "the team feels it needs to improve its race day performance." Upon graduation, he was a tri Eel River has gone through two drivers already, but it is holding on allawyer with the prestigious to Dodson's lucky number 27 and the good karma Birmingham Boston law firm of Mintz, Levin, hopes it will bring. _ Cohn, Glovsky & Popeo and Jock Birmingham 70 left one business fast track for another. became a partner there in 1977. By the early 1980s, however, Birmingham decided to leave law and become a businessman. For a man like Birmingham, getting involved in business means owning one. First, he acquired Robert Williams Inc., in 1982, a sup plier of plastic film to the envelope industry. He soon sold that busi ness and bought Steinway & Son, where he manufactured and sold pianos to Steinway dealers worldwide and owned several stores in Berlin, Hamburg, London, and New York City. After ten years, Birm ingham sold Steinway, deciding it was time for a change. "It was a great ten years," he says, "but I knew it was not going to be a perma Birmingham's lucky No. 27 Pontiac Grand Prix nent thing. While I was still young, I wanted to do something else. " Why NASCAR? His son and business associate, Devon, speculates that racing appeals to Birmingham's competitive nature. Pete Zifchak, a team spokesman, says, "If you're successful in NASCAR, you're on Reunion '00 top of the world." Birmingham himself says simply that he became hooked on the sport watching races on Tv. But as exciting as it sounds Set for November to own a race car team, Birmingham wasn't on the fast track to buy one. He studied the industry for an entire year before deciding it was ttention all Law School alumni with graduation years end possible to own a team and make it profitable. In 1999, he bought Aing in 0 or 5 ('50-'95). Mark your calendars for Saturday, Ba'hari Racing, a team of thirty cars and a shop in Mooresville, North November 4, for Reunion 2000. A 6 p.m. reception will Carolina, US race car headquarters. "To start from scratch was too dif be held at the John F. Kennedy Library in Boston, followed by ficult," says Birmingham, who proceeded to rename the team Eel River respective class dinner parties. Other activities are being planned Racing. The Boston Globe reports that the purchase cost Birmingham for the weekend as well. $5 million to $6 million. For your convenience, rooms have been reserved at the Dou Birmingham's first major decision as team owner was to hire Barry bleTree Club Hotel, Boston-Bayside, 240 Mount Vernon Street, Dodson as crew chief, whose team won the Winston Cup Series cham Boston. You may contact the hotel directly at 617-822-3600. pionship in 1989. Describing Dodson as "knowledgeable and well More reunion information will be forthcoming. If you have regarded," Birmingham says that the crew chief "puts together the any questions, or would like to volunteer for your class's planning nucleus of the team and chooses the car that's best suited to the track." committee, please contact Linda Glennon, director of alumni rela Eel River races the No. 27 Pfizer/Viagra Pontiac, 27 being the number tions, at 617-552-3935 or bye-mail at [email protected]. _ of the car Dodson's former team drove to Winston Cup victory. 40 BOSTON COLLEGE LAW SCH OOL MAGAZI N E / SPRlNG 2000 Alumni NEWS & NOTES The private sector brings innova Burt recalls that when On a Clear tion to solving environmental she studied law at Boston problems, sometimes more so College Law School, Day, She than the government," she says. "environmental law was an "AMC deals with the preserva optional course for third Works to See tion and protection of moun year students. It was not a tains and rivers, but also seeks to major course of study." She Forever respect and sustain the local emphasizes, however, that in economy. My work there is a practice, the field requires a at is Laurie Burt good complement to my legal multidisciplinary approach to WJ'76, the new presi practice." problem solving. "I use every dent of the Burt starred her environmen aspect of my legal training," Appalachian Mountain Club's tal career fresh out of college in Burt says. Tax, property, courts, (AMC's) board of directors, the early 1970s, when she trusts, contracts, insurance, doing representing business in worked for the Environmental administrative law, land use-all envitonmental matters as a part Defense Fund in Washington, these and more come to bear in ner at Boston's prestigious law DC "Back then," she says, almost every case she handles. firm, Foley, Hoag & Eliot? Per "there were only rwo or three Different things come into haps the answer lies in Burt's major environmental laws and play when she's actually in the own self-description: "I thrive on no regulations." After she earned outdoors. Her most rewarding dealing with complexity." her ].D., she was a Massachu hike? "My husband and I made Complexity is Burt's watch setts assistant attorney general four unsuccessful ascents up word. She grew up in a family before joining Foley, Hoag & Mount Lafayette to Franconia of hikers, skiers, and sailors, and Eliot in 1980. She founded and Notch Traverse [in New Hamp loves the outdoors, but Burt is chaired the firm's environmental shire's White Mountains]. On too much of a thinker to align law department, consisting of one climb, the rain was so hard Environmental lawyer Laurie Burt '76 becomes board president of the herself with those who see envi rwelve to fifteen full-time attor we had to stay connected by Appalachian Mountain Club. tonmental issues solely in black neys and four paralegals. Four ropes. Another time, we couldn't and white terms. "I enjoy solving years ago, Burt became the first see because of a white-out. Final day. The view was spectacular. We complex problems and facilitat woman elected to the firm's ly, on the fifth try, we got to the could almost see to Boston." - ing different kinds of land use. executive committee. top of the ledge. It was a clear -Jeri Zeder want to understate the intense A 'Most Influential' Man pressures surrounding the decision to file," he insists, na flurry of activity involving driving over the speed limit and "but it was really a standard I using Montana's airplane fleet, a lawsuit was filed on December 12, response to an upcoming 1983, in federal district court, one minute before the statute of statute of limitations." While limitations expired. It turned out to be the largest piece of litigation in noting that his role in the liti the state's history. For insisting that it be filed, Frank Crowley '73 was gation was limited to the initi named among the 100 most influential Montanans of the rwentieth ation of the lawsuit, he century by one of the state's five major dailies, the Missoulian. acknowledges the David and Crowley, then chief legal counsel for the Montana Department of Goliath sense of the times. Health and Environmental Sciences, urged the governor at the time, Crediting Governor Ted Schwinden, to sue the Atlantic Richfield Company (ARCO) under Schwinden for going forward Superfund, the federal toxic cleanup law. According to the Missoulian, with the case, Crowley says, heavy metals from a copper refinery in "Montana had the audacity to Great Falls and a smelter in Anaconda had file a $50 million case against one of the largest oil companies. It was a floated down the Clark Fork River and very charged atmosphere." The case is still ongoing, and that number polluted areas of Butte, Anaconda, and has risen to $765 million. Milltown. Arco was responsible for the Now in private practice with Doney, Crowley, Bloomquist & Uda, cleanup. Crowley worked with Montana P.C, in Helena, Montana, Crowley specializes in water, natural Department of Fish, Wildlife, and Parks resources, energy, environmental law, and governmental relations. He legal counsel Stan Bradshaw (named thirty is married and the father of rwo high schoolers, a son and daughter. fourth on the Missoulian list with Crowley) Noting that former Congressman Mike Mansfield is among those on the filing. on the Missoulian's roster, Crowley says, "I feel very humbled to be list Crowley is alternately proud and mod Frank Crowley '73 makes ed with these extraordinary people from the state of Montana." - est about his role in the litigation. "I don't litigation history in Montano. -Jeri Zeder SPRING 2000 / BOSTO N COLLEGE LAW SCH OOL MAGAZI NE 4 1 Alumnip NEWS NOTES Schwartz's Little Firm Makes Big Waves on the Web by Dan Booth ave you ever sent a subpoena bye-mail? That's exactly how H Irwin Schwartz '86 helped Mattei's subsidiary Microsystems defend its Internet filtering program, Cyber Patrol. The program, which lets parents and schools screen out potentially objec tionable material, has been a focal point in the World Wide Web wars over freedom of expression. When two hackers published a Web site demonstrating how to bypass Cyber Patrol, Microsystems called in Schwartz to protect its intellectual property. His firm persuaded Federal Judge Edward Harrington '60 in Boston to shut the hackers down in late March. But already, mirror sites had sprung up to keep the bypass alive and available on the Web. As news of the injunction spread, more mirror sites sprouted. Anticipating this volley, Schwartz got Harrington's permission to automatically serve such mirror sites with subpoenas, making the new sites subject to the same court order that foiled the original hackers. "It's kind of like blips on the screen in a desert war," Schwartz said of the copycats the week after the ruling. "Every time one pops up, we drop an e-mail on them. We're getting sites taken down allover the net." Schwartz calls his firm an ''ultra-high quality litigation boutique"-a niche-marketing description if ever there was one. Irwin Schwartz enjoys being David in a world of Goliaths. Soon the phones were ringing off the hook: NPR, the Boston Globe, mania carves out space for specialized practices like his, Schwartz said. and the International Herald-Tribune wanted details. The Internet As he told the Boston Herald last spring, the big firms "can't represent community was "screaming bloody murder" that the hackers' free one big client against another, so if they are 'conflicted out' they can speech had been curtailed. "My name is mud on the Internet right just turn to us. They don't want the work to go to another big law now, " Schwartz said. firm that's a competitor, and they don't have to worry about me Schwartz started this tidal wave not from the safety of a large stealing their clients." law firm but out of the relative obscurity of his five-person office, Schwartz has seen the world from the other side of the fence. Schwartz and Nystrom, in Boston's Back Bay. Schwartz calls his He left an associate position six years ago at Skadden, Arps, Slate, firm an "ultra-high quality litigation boutique"-a niche-marketing Meagher & Flom to stake his own claim, and built his new firm description if ever there was one. Yet, in that niche, he has developed with the support of his former colleagues. He relishes his indepen a powerhouse client roster that includes such Fortune 500 names as dence, he said, and loves his work. Even if it means ruming a few Mattei and American General Insurance. The business world's merger virtual feathers. _ Pomp and Circumstance at the Supreme Court hirty-six Boston College began with an afternoon trol alumni at the reception that fol All qualified Law School T Law School alumni ley tour of the Capitol, followed lowed. Lunch on the Hill was alumni are eligible to participate. were admitted to the US in the evening by a reception hosted by Congressman William Next year's event will be held Supreme Court Bar in March at and welcome by Dean John D . Delahunt '67. April 2. the annual swearing-in ceremony Garvey. This is the thirteenth succes For more information, con in Washington, DC. The inductees were sworn sive year that the Law School has tact Paige Renaghan, assistant Law School alumni from in before the top bench the next sponsored the admission cere director of special events, at eight states converged upon morning, then given a guided mony, which grants the right of 617-552-8666 or bye-mail at the nation's capital to take part tour of the court. Associate Jus attorneys to argue their cases [email protected]. _ in the two-day program, which tice Ruth Bader Ginsberg joined before the Supreme Court. -Glenn Rochon 42 BOSTON COLLEG E LAW SCH OOL MAGAZI NE / SPRJ NG 200 0 Alumni NEWS NOTES Putting Heart into Public Housing by Jeri Zeder rom Vassar College to most lawyers do not begin their she could live in Newton person," she continues. "I need FBoston College Law higher education at age thirty and send her children to its to be in an environment where School to a Massachusetts eight, at the same time that the well-regarded public schools. the work I do reflects and acts Appeals Court clerkship to oldest of their four children McNeil's first exposure to out that belief system." Brown, Rudnick, Freed & starts college. housing law occurred at the For McNeil, CANDO provides Gesmer, one of Boston's presti From 1979 to 1984, McNeil Law School, when she studied that opportunity. Organized in gious law firms: It sounds like raised her children while pursuing the impact of a 1949 federal 1993, CANDO is a nonprofit, an impressive, if typical, career a college degree in a Vassar pro housing program on Massachusetts community-based organization path. But for Josephine McNeil gram for older students. When World War II veterans. She went charged with developing afford '87, executive director of Citizens she graduated, she applied to on to handle affordable housing able housing in the city of New for Affordable Housing in New law schools in Boston. "I was issues at Brown, Rudnick. In the ton. McNeil served as the presi ton Development Organization accepted everywhere," she late 1980s, residents of public dent of its volunteer board of (CANDO), that path was laughs, "except Harvard." and subsidized housing were directors from 1994 to 1999. anything but typical. Certainly, She chose BC Law because beginning to organize ro gain During that time, CANDO ownership and management partnered with a battered control over their housing. women's shelter, bought property, McNeil worked on the high and created three units of transi profile case of the Castle Square tional housing for battered housing development in Boston's women and their children. The South End, in which the resident women stay for two years while organization played a significant receiving social services from the role when the property changed shelter and then, if possible, ownership. move on to permanent housing McNeil enjoyed the work. "I in Newton. "One of the women liked helping people understand is now a police officer in the the process, to see them improve city," McNeil says proudly. the quality of their lives," she With the high cost of area says. "I was struck by how much housing, it was difficult for interest there was in housing but CANDO to find and acquire not in addressing the individuals developable properties. Newton's and improving their lives. There Housing and Planning Depart was a recognition that people ment asked the agency what it needed attractive, sanitary, needed to meet the challenge affordable housing, but not and proceeded to supply the that they needed services to resources. That's when, in make their lives better, such September 1999, McNeil as job training and child care." became a salaried staff member Eventually, McNeil decided to as executive director. Thanks leave the firm to devote her to the city's backing, she says, career to affordable housing "now we have a greater capacity development. to fulfill our mission." Though McNeil dates her Under McNeil's leadership, interest in issues around poverty CANDO is currently renovating back to her studies at the Law a large house in Newton School, it comes from more than Highlands, turning it into five, just intellectual curiosity. two-bedroom units of transitional McNeil's mother was a single housing for single mothers. The parent, and McNeil herself grew residents will receive child care, up in foster care. "I have a counseling, and education services knowledge of poverty," she says. from a Newton community service "That, coupled with my interest organization. It's the kind of in justice issues, complements support that someone with my skills and aptitudes. McNeil's background is only josephine McNeil takes on a new role in the ftght fo r affordable housing. "I consider myself a religious too happy to give. _ SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 43 Alumni,., NEWS NOTES It's Out with the Whiskers, In with the Women BCLSWomen on the Bench by Glenn Rochon The following thirty-one alumni represent a sampling ofBoston College he face of the Massachusetts judiciary Suzanne DelVecchio '67 is the chief justice Law School women currently serving as T is changing. No longer do whiskers of the state superior court and Barbara judges in Massachusetts and throughout and sideburns monopolize the bench. Dortch-Okara '74 serves as the chief justice the United States. A mere decade ago, men accounted for 90 for administration and management of the percent of the state's judges. Since then, Trial Court of Massachusetts. IN MASSACHUSETTS they've yielded to an upsurge in women DelVecchio was among those featured jurists, whose numbers now stand at 30 in an article on women judges in the Hon. Patricia E. Bernstein '76 percent. And, observers say, with males and Boston Globe earlier this year. Commenting females entering law schools in nearly equal on the trend, she told reporters, "We've Hon. Elizabeth Butler '75 numbers, the trend toward gender parity is been around for a long time, and it's just Hon. Kathleen Joyce Coffey '78 likely to continue. that through time and sheer numbers we've Hon. Lynda Murphy Connolly '74 Of the women on the bench in Massachu achieved these positions." Hon. Suzanne M. DelVecchio '67 setts, four sit at the head of court branches, In fact, women have "been around" the Hon. Barbara A. Dortch-Okara '74 and two of them are Law School alumni. American bench since 1870, when Esther Hon. Elizabeth M. Fahey '77 McQuig Morris stepped up as justice of the peace in a Wyoming mining town and set Hon. Margaret R. Hinkle '77 a precedent. According to the History ofthe Hon. Diane M. Kottmyer '74 Federal judiciary, 2,628 men and 196 women Hon. Elizabeth C. Lastaiti '68 have served as justices on US courts since Hon. Sheila E. McGovern '60 1789. While this ratio sounds dismal, it is Hon. Elaine M. Moriarty '73 encouraging to note that 36 of the female Hon. Mary Orfanello '78 judges received their commissions in the 1980s, and 126 have received them since Hon. Sally Forester Padden '82 1990. Hon. Barbara J. Rouse '73 Ellen Segal Huvelle '75 is one of the Hon. Bernadette L. Sabra '79 newly commissioned. She was sworn in as a Hon. Sarah B. Singer '74 US District Court justice in Washington, DC, Hon. Roanne Sragow '75 last February, joining three women already serving on the thirteen-member body. Huvelle Hon. Margaret A. Zaleski '77 had spent the previous ten years on DC's superior court bench. "She's a judge's judge," a colleague told Legal Times, "very thorough, THROUGHOUT THE very bright, [with] a lot of street sense." UNITED STATES Prior to entering the judiciary, Huvelle was a partner at the Washington firm of Williams & Connolly. In her fourteen years Hon. Sharon F. DeVries '83 there, she handled many legal skirmishes, Hon. Eileen Anne Donahue '78 including successfully defending boxing Hon. Janet Healy Weeks '58 promoter Don King on tax fraud charges, Hon. Nancy A. Holman '59 and employing-in her first important Hon. Ellen S. Huvelle '75 trial-the still novel "battered woman" Hon. Kathleen McGuire '83 defense in a case that is now textbook material. Hon. Carmen Messano '77 Huvelle, the daughter of a Massachusetts Hon. Sheryl Serreze '84 labor lawyer, found her way to the profession Hon. Ellen Miriam Shearing '64 circuitously. Having graduated from Wellesley Hon. Joyce A. Wheeler '78 College in 1970, she migrated to Yale for a Hon. Susan R. Winfield '76 few semesters of urban studies. She returned Hon. Bonnie G. Wittner '72 to her native state and attended the Law School at a time when comparatively few women were studying law. _ 44 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 Alumni NEWS NOTES The Friends of George V. Higgins Noted author leaves behind an adoring public by Glenn Rochon eorge v. Higgins '67, who burst onto the literary scene in After earning a degree in G1972 with the publication of his best-selling crime novel literature from Boston Col The Friends ofEddie Coyle, died of natural causes in his lege and an M.A. in English Milton, Massachusetts, home last November. He was a husband, a from Stanford University, he father, and a professor at Boston University, but he was best known worked as a reporter for the as a writer. Eddie Coyle brought to life the petty mobsters of the Providence Journal and the Boston underworld and was made into a film starring Robert Associated Press. The law Mitchum and Peter Boyle. degree he earned in 1967 led Higgins was widely lauded for writing gritty, snappy, authentic him to the attorney general's dialogue. He was revered by such authors as Elmore Leonard and office and then into private John Gregory Dunne, who described Higgins's third novel, Cogan's practice. Ever prolific, he con- Trade, as "perfection from intent to achievement." His talent for tinued to churn out novels George V. Higgins '67 was best known as the author of The Friends of Eddie Coyle. creating tough, realistic characters and capturing their lingo flowed and articles, leaving his prac- from rwo wellsprings. The first was the streets in and around Brock tice in the late-1980s to teach creative writing at Boston University. ton, where he hauled cases of Coca-Cola to earn his undergraduate His funeral drew some three hundred relatives and friends. He was tuition. The second was the three years he spent as a Massachusetts widely remembered as an affable, garrulous man, a brilliant speaker assistant attorney general, handling cases on organized crime. When with a razor-sharp wit, and an equally brilliant listener. As he told the Eddie Coyle was accepted, he drove to the Rockland dump with his London Daily Telegraph shortly before his death, "My whole life, I've fourteen rejected manuscripts, heaved them onto the soil, and watched been a great eavesdropper. ... The nuances of ordinary speech interest as a bulldozer buried them. He went on to publish thirty books, me, but what really fascinates me is the person who is so caught up in including twenty-six novels. what he's saying that he tells more truth than he intends to." _ Effective Volunteers Honored for Their Efforts wo Boston College Law his wife, Patricia's, contributions office of Bingham Dana LLP. Award, which recognizes "a T School alumni were to the new library, a wing was Robert A. Trevisani '55, '58, volunteer whose dedication among those honored named in memory of their son, a "Double Eagle," was honored to the advancement of legal in April at the Distinguished Edward. for both his own generosity and education at Boston College Volunteer Tribute Dinner, held Law School reflects the loyalty annually by Boston College Robert Trevisani and Edward Leahy were honored and constancy of this beloved in tribute to individuals who professor who has been teaching have been active and effective in for their generosity and fundraising efforts and inspiring students for over support of fundraising for the four decades." university. Trevisani is active in the Edward R. Leahy '71 received Leahy was the first Boston his fundraising efforts on behalf International Bar Association, the Rev. James B. Malley, S.]., College Law School graduate to of the Law School. He is a mem which is headquartered in London, Award, which recognizes an clerk for a US Supreme Court ber of the National Campaign England. He has written and alumnus "who has demonstrated justice (William J. Brennan). Committee for Boston College's lectured widely in the US and through commitment to the Law From 1996-98 he was a visiting $400 million Ever to Excel cam around the world on interna School a spirit of caring and ser professor at the Law School and paign, and he enabled the Law tional business law, commercial vice exemplified by Father Mal was chosen by the students as School to receive a major gift law, taxation and business crimi ley, a Jesuit, lawyer, adviser and the first recipient of the Emil from an alumnus who had nallaw. He also has served as an friend to the entire community." Slizewski Faculty Excellence not been actively supportive adjunct professor at the Law Leahy solicited gifts during the Award. He established the Lew before. Trevisani also has gained School, teaching transnational school's fundraising efforts for Gurwitz Public Interest Award, support from local and national mergers. He is a senior partner the library and he solicited lead given annually to a graduating foundations. in the Boston firm of Gadsby & ership level gifts for the Dean's student. Currently, he is a part Trevisani received the Rev. Hannah. _ Fund. In recognition of his and ner in the Washington, DC, Francis J. Nicholson, S.]., -Stephanie Munro Carmel '95 SPRI NG 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 4S Alu!(lni NEWS NOTES CLASS lI.rES son was a partner with the Washing department and specializes in com ron, DC, office of McGuire, Woods, mercial litigation and the representa e gladly publish alumni news Battle & Boothe LLP. tion of health professionals. He and W andphotos. Send submissions to his wife, Suzanne, live in Newton, Boston College Law School Magazine, MassachusettS. 885 Centre St., Newton, MA 02459- Raymond A. Noble '69 traveled 1163 or e-mail to [email protected]. to the Gaza Strip and the West Bank as part of an advisory team, under the Frank C. Crowley '73 was named auspices of the American Bar Associa as one of the "100 Most Influential tion and the US Information Agency, Montanans of the Twentieth Centu ro assist in the developmen t of the ry" by the Missoulian, a Missoula, legal profession in Palestine. He is cur Montana, newspaper. He was cited rently chief counsel and direcror of for filing the multimillion dollar 1950s legal affairs for the New Jersey State Superfund natural resource damage Bar Association. He and his wife, case against the Atlan tic Richfield Alice, have six daughters and two Company and its Anaconda Minerals John J. Walsh '58 has joined the grandchildren, and live in Princeron, Subsidiary, in 1983. He is a partner in New York City firm of Carter, Ledyard New Jersey. the law firm of Doney, Crowley, & Milburn as senior counsel in its liti Bloomquist & Uda, in Helena, Mon gation practice group. Recently retired tana, where he specializes in water, as a partner in the firm of Cadwalader, natural resources, energy, and envi Wickersham & Taft, he has exrensive ronmental law, and government rela experience in media, commercial free tions. speech, and Firsr Amendment issues. 1970s He resides with his wife, Mary Ellen, in Pelham, New York. Robert H. Flynn '73 was appoint ed chair of rhe railroad law committee John P. Birmingham '70 has of the Defense Research Institute, the entered the competitive world of nation's largest association of civil liti NASCAR racing as owner of Eel Riv gation defense attorneys. He is a part er Racing, a team that recently landed ner in the Bosron-based firm of Fay, the primary sponsorship of Pfizer Flynn & Fay, and focuses his practice Chemical. Formerly, Birmingham was on litigation involving serious trans a trial lawyer in the firm of Mintz, portarion cases. He and his wife, Levin, Cohn, Ferris, Glovsky & Mary, have five children and reside in Michael H. Rudy '67 was elected Popeo, in Bosron. secretary of Texa Wellesley, Massachusetts. co. From privare pracrice, he Charles J. Bowser '70 was elected Hon. Marianne D. Short '73 joined the legal ro the national board of governors of has resigned from her position as department In the American Academy of Marrimo judge of the Minnesota Court of Texaco's Corpo nial Lawyers. He was the immediate Appeals. Her ten ure in Minnesota's rate Center in past president of the MassachusettS judiciary was highlighted by her lead White Plains, chapter ro the national group. He is a ership in public service and her work New York, in 1972, concentraring in partner in the Bosron firm of Lee, educating school children about the corporare and securiries law, public Levine & Bowser and practices in the judicial system's role in government debt and equity financing, and com areas of family law and matrimonial and society. She has returned ro the pliance wirh international sanctions litigation. Minneapolis firm of Dorsey & Whit and boycotts. He and his wife, Lynne, ney as a partner in their trial department. live in Ridgefield, Connecticut. Alan K. Posner '70 was appointed chairman of the Stephen K Fogg '75 has been David J. Levenson '68 has joined board of direcrors named partner in the Bosron firm the Tysons Cor of Riverside McDermott, Will & Emery. ner, Virginia, Community office of Mays & Care, a nonprofit Valentine LLP as organization that Hon. Ellen S. Huvelle '75 was a partner. He provides mental sworn in as a federal judge in US Dis focuses primarily health and men trict Court in Washington, DC, last on federal securi tal retardation services ro residents in February. ries law and cor more than fifty Massachusetts com porate law, advising domestic, foreign, munities. He is a partner in rhe and multinational corporations. Prior Bosron law firm of Rubin & Rudman Laurie Burt '76 was recently to joining Mays & Valentine, Leven- LLP, where he is chairman of the trial named board president of the 46 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 2000 Alumni o NEWS NOTES Appalachian Mountain Club. After according to the publication. He is a Paul J. Gallagher '82 has become Annette, have three children and live four years as an assistant attorney gen partner in the firm of Mirick, O'Con vice president and general counsel for in Needham, Massachusetts. eral in Massachusetts, she joined the nell , DeMallie & Lougee LLP, where the Atlantic County Utilities Authority Boston law firm of Foley, Hoag & he concentrates in personal injury in Egg Harbor Township, New Jersey. Eliot. With extensive experience in work and eminent domain cases. He Valerie M. Welch '84 has been environmental litigation and compli and his wife, Nancy, have three chil promoted to senior vice president and ance counseling, she has represented dren and reside in Southboro, Massa John H. Geaney '82 participated general counsel of Heal thPartners, a both Fortune 500 and smaller compa chusetts. as seminar moderator in the Sixth family of nonprofit health care organi nies in the areas of enforcement, envi Annual Workers' Compensation zations in Minneapolis, Minnesota. ronmental permitting, and commer Update Program held in Mt. Laurel, Previously, she was a partner in the cial and industrial development pro Robert Tolins '77, after retiring New Jersey. He is an attorney in the Minneapolis firm of Faegre & Ben jects. She is also a frequent lecturer at from a twenty-year law practice for firm of Capehart & Scatchard, P.A., son. She is a member of the Minneso environmental programs sponsored health reasons, has had his first novel and focuses his practice on workers' ta State Bar Association. by Massachusetts Continuing Legal published to critical acclaim. It's a compensation issues and the represen Education, the Boston Bar Associa legal thriller entitled Unhealthy tation of employers in connection tion, and trade associations. Boundaries: A Story ofMurder and the with the American Disabilities Act Lauren W Mazzella '84 has Internet. His second novel, Albertine's and the Family Medical Leave Act. He joined the law Leap, is expected to be published next resides in Moorestown, New Jersey. firm of Nutter, Edward C. Bassett Jr. '77 was year. McClennen & Im among the ten LLP as of coun Massachusens Elaine Rappaport Lev '82 IS a sel. She concen attorneys named Judith Gail Dein '79 has been partner in the trates her prac as 1999 "Lawyers appointed a US Chicago, Illinois, tice in the areas of the Year" by magistrate judge branch of Barnes of Brown fields Massachusetts in the District of & Thornburg and redevelopment, Massachusens En Lawyers Weekly. Massach usens to practices in the vironmental Protection Agency Selection was fill a vacancy left areas of heal th reviews, and land use maners, based on "winning important deci by the death of care, products lia including zoning and environmental sions, being involved in cases that US Magistrate bility, and com permining. raise challenging legal issues, and oth Judge Zachary R. mercial litigation. She is a member of erwise furthering the profession's Karol. She will be sworn in following the Federal Trial Bar and the Ameri commitment to the rule oflaw and to completion of the approval process. can and Chicago bar associations, has Judith Woo Poutasse '85 joined justice In the commonwealth," Previously, she was a partner in the co-authored several publications, and the Portland, Ore Boston office of Kirkpatrick & lock frequently lectures on the topic of lia gon, firm of Black hart LLP, where she practiced in gen bility defense. Helteriine LLP as eral commercial and employment liti senior associate gation. Dein is a member of the and will practice American, Massachusetts, and Boston Kelvin H. Chin '83 resigned as business Immi bar associations as well as the regional vice president of the Ameri gration law. She is linkUp Women's Bar Association and the can Arbitration Association in Los a member of the Massachusetts Association of Women Angeles, California, to pursue a career American Immigration Law Associa toAlumni Lawyers. She is a member of the in cyberspace with an online alterna tion. In addition to her professional Supreme Judicial Court Clerk's Com tive health care company based in activities, she volunteers with non mittee on Professional Responsibility New York. He and his family contin profit mental health services for chil and serves on the board of directors ue to live in Los Angeles. dren and with arts organizations. e're wired! The of the Children's Law Center of W Office of Alumni Massachusetts. and Development Captain Robert F. Duncan '83 Suzanne Sheldon '86 has joined at Boston College Law has been appoint the US Depart School announces the arrival ed to the position ment of State as of its new Web link, where of assistant super a foreign service you can find the latest news intendent of the officer. Her first about your colleagues, United States Coast overseas posting change a mailing address, Guard Academy is at the US Em check our calendar of alumni in New London, bassay in Bogota, Richard K. Sherwin '81 has pub Connecticut. Pre Colombia, where events, and learn about our lished When Law Goes Pop: The Vtm viously, as chief of staff of the First she is working in the Narcotics Affairs programs and services. ishing Line between Law and Popul4r Coast Guard in Boston, he directed Section as a reporting officer. Sheldon Look for us at http:// Culture, an examination of legal prac missions of search and rescue, law earned her master's degree in public infoeagle.bc.edu/bc_org/avp/ tice in today's spectacle-saturated enforcement, commercial vessel certi administration from the John F. lawllwsch/alumni.html. _ world. Sherwin, a former prosecutor, fication, and manne pollution Kennedy School of Government at currently teaches law at New York response from the Canadian border to Harvard University in June 1997, and Law School. central New Jersey. He and his wife, previously practiced in the Boston SPRING 2000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 47 firms of Peabody & Arnold and Sally Development Organization, a com regulation of investment companies Gay Law Association at rhe annual & Fitch. munity-based organization rhat works and advisers under federal and state meeting in Seattle, Washington, in ro develop affordable housing in rhe securities laws, broker-dealer regula October. He also serves on rhe board city of Newton, Massachusetts, in tion, and banking laws. He also writes of directors of rhe Massachusetts les Franklin G. Stearns '86 joined September. Previously, she practiced a monthly column for The Investment bian and Gay Bar Association. rhe national law law in the Boston firm of Brown, Lawyer. firm of Kirk Rudnick, Freed & Gesmer. patrick & Lock Jason A. Farber '93 became a part hart LLP as a ner at Davis, Wright & Tremaine LLP. partner. He prac Robert Orsi '87, a partner at rhe He is a transactional lawyer and spe tices in rhe areas law firm Tarlow, 1990s cializes in healrh care deals, and merg of real estate de Breed, Han, Mur ers and acquisitions. He and his wife, velopment, land phy & Rodgers, Julie Park Farber '93, who has retired from law and is now a full-time use permitting, and environmental P.C, was elected Allison Flom Blackwell '90 is mom to rheir son Zachary, live in law. He resides with his wife, Susan, selectman for rhe manager of employee relations and Seattle, Washington. and rheir daughters in Newton, Mass rown of Millis, senior counsel of the Target Stores achusetts. Massachusetts, in Division of rhe Target Corporation in May 1999. He Minneapolis, Minnesota. is a lives with his wife, Candi, and their M. Kathleen McGowan '93 judiciary legal assistant in rhe office of Janet K. Adachi '87 is an associate rhree children in Millis. New York Senator Daniel Patrick in the firm of Calvin A. Jones '91 has been Shapiro, Israel & named partner in rhe Princeton, New Moynihan, stepping up from a posi tion as special projects intern. Prior to Weiner, P.C, a Melissa Raphan '87 is a partner in Jersey, firm of Reed, Smith, Shaw & joining rhe senator's staff on Capitol business law firm the trial depart McClay LLp, where he practices Hill, she was a rule of law liaison in based in Bosron. ment at Dorsey & healrh care law and commerciallitiga Tashkent, Uzbekistan, as part of rhe She is a member Whitney in Min tion. He and his wife, Elizaberh, have legal reform project of the American of the firm's neapolis, Minne two children and live in Plainsboro, Bar Association's Central and East employment and sota. She special New Jersey. technology groups. Previously, she izes in employ European Law Initiative. She was also was a corporate associate of Barry M. ment law. a litigation associate wirh rhe firm of Dicker & Associates and practiced in Mary Clemens Pajak '91 has Sidley & Austin, in Chicago, Illinois, employment law. joined the law and spent one year as visiting lecturer Thomas Rock '87 is general coun firm of Mofenson in rhe law and social sciences depart sel of Smarte Carte, Inc., headquar & Nicoletti LLP, ments at Vytauras University in Kau Xiomara Corral '87 married tered in White Bear Lake, Minnesota. In Newton, nas, Lirhuania. Michael Dominy in October 1999. Massachusetts, She is a compliance adviser in rhe cor where she will '88 was inter has porate compliance department of Ilhyung (Eric) Lee continue her Thomas P. Howard '95 viewed in the article, "Avoiding Glob joined rhe firm of Fidelity Investments in Boston. He is practice in the al Conflicts," published in rhe April Holland & Hart a client manager wirh Benchmarking areas of trust and estate administra 2000 issue of rhe ABA Journal. Lee LLP in its litiga Partners in Cambridge, Massachu tion, taxation and planning, corporate has practiced law in borh the US and tion department, setts. They live in Brighton, Massa law, and real estate. chusetts. Sourh Korea and is currently an asso in Denver, Col ciate professor at rhe University of orado. He prac Missouri, in Columbia, Missouri. He Maureen C. Pavely '91 and her tices in rhe areas Diane R. Kalin '87 is an associate recently legally restored his birth husband, John McCreedy, announce of technology in rhe Boston law name. rhe birrh of their twins, Ian Timorhy and trade law. firm of Shapiro, Pavely McCreedy and Katelyn Elise Israel & Weiner, Pavely McCreedy. Maureen currently P. C She will Robert Jon Blackwell '89 is man practices general commercial litiga David C. Johnson '95 has joined rhe Bosron firm of Burns & Levinson practice in the ager of Online Srores-Music for Best tion at Pitney, Hardin, Kipp & Szuch LLP as an associate in its professional firm's technology buy. com, a division of Best Buy Com LLP, in Morristown, New Jersey. group, with a pany in Minneapolis, Minnesota. practices group. focus on technol ogy development, licensing and main Gina M. Signorello '92 is in tenance agreements, and related e Lawrence P. Stadulis '89 was house counsel for Hewlett-Packard Anita 1. Meiklejohn '95 was commerce agreements. Prior to join named partner in Company in Silicon Valley, Califor elected a principal in the Bosron office ing rhe firm, she was a corporate asso the Washington, nia. She and her husband, Chuck ofFish & Richardson, P.C, where she ciate of Barry M. Dicker & Associates. DC, office of the Katz '93, live in Palo Alto, was formerly an associate. A member firm Morgan, California. of the firm's biotechnology group, she Lewis & Bockius provides patent prosecution, validity Josephine McNeil '87 was named LLP. His practice and infringement opinions, and litiga execurive direcror of Citizens for focuses on the John N. Affuso '93 was elected tion services to biotechnology clients. Affordable Housing in Newton registration and vice chair of rhe National Lesbian and Prior to joining Fish & Richardson, 48 BOSTON COLLEGE LAW SCHOOL MAGAZINE I SPRING 2000 she was a postdoctoral fellow at Har Warden PLLC, in Flagstaff, Arizona, McCray S. Pettway '99 joined vard Universiry in the Deparrmenr of where he will focus his practice on the Boston firm Biochemistry and Molecular Biology. Indian law, tribal law, and school law. of Kirkpatrick & Lockharr LLP as an associate. She Vicente M. Murrell '95 has Fernando M. Pinguelo '97 is an is a member of joined Ober, associate in the litigation deparrmenr the Massachu Kaler, Grimes & of Norris, McLaughlin & Marcus, setts Bar Associa Shriver as an P.A. , in Somerville, New Jersey. For tion, the Boston associate in its merly, he was an associate with anoth Bar Association, and the Women's Bar Baltimore, Mary er New Jersey firm, Bressler, Amery & Association. land, office, Ross. where he will serve in the firm's Jennifer A. Tumminelli '99 Linda PuIs McGuire '97 married financial instirutions and regulations joined the Buffalo, New York, firm of Terry McGuire in group. He lives in Alexandria, Phillips, Lytle, Hitchcock, Blaine & August 1999, in Virginia. Huber LLP as an associate concenrrat Napa, California. ing in general litigation. She lives in She is a public Williamsville, New York. Ingrid C. Schroffner '95, as pro policy analyst for bono chair of the Planned Parenr section, orga hood In Los nized a brown Angeles, focusing bag lunch series on women's reptoductive rights. Her IN MEMORIAM for the Young husband, a former arrorney with the Lawyers Section Boston firm of Testa, Hurwirz & of the Boston Bar Thibeault, is a murual fund invest Sylvan P. Wesalo '36 menr analyst for Capital Research Association James F. Dinneen '37 (BBA) in November. She recenrly Company in Los Angeles. They reside had rwo arricles, "Effecting Service in Manhattan Beach, California. Frank N. Gambale '38 of Process under the Hague Con Marrin]. Hanley '38 venrion: A Novice's Guide" and James 1. Ryan '49 "Trust Reformation Tips," pub Jonathan Wise '97 has joined the lished in the Young Lawyers Section New York office of Morrison & Foer Honorable John J. Hopkins '50 ster, a San Francisco-based firm. He is Newsletter of the BBA. She is with James T. O'Donnell '51 the Bosron firm of Burns & Levin working in the corporate finance son LLP. departmenr, focusing on venrure cap Henry E. Bogins '57 ital, private equiry, and deals for Inrer Robert A. Romero '60 net and technology companies. Andrew M. Apfelberg '96 joined George V. Higgins '67 the national law Joseph M. Kehoe '68 firm ofLuce, For Michael D. Chittick '98 joined Julio N. Evangelista '77 ward, Hamilton the law firm of & Scripps LLP as Adler, Pollock & an associate in the Sheehan, in Prov idence, Rhode firm's business DANIEL CoUGHLIN '56, ONE-TIME Island, as an attor practice group, in assistant dean of Boston Col ney in the labor Los Angeles, Cal lege Law School, died in April and employmenr ifornia. Formerly, he was an associate in Porrland, Maine. After serv group. He repre in the San Francisco office of Buchal ing in the Army during the senrs clients before administrative ter, Nemer, Fields & Younger. He is a Korean War, he attended the agencies and handles employmenr member of the Bar Association of San Law School, practiced patenr and labor matters, including collective Francisco and the American Bar Asso law in Washington, DC, then ciation and lives in Los Angeles. bargaining, employmenr discrimina tion, wage-hour laws, and medical rerurned and held the assistant leave. He is a member of the labor law deanship until 1961. Coughlin Carol 1. Tate '96 has joined Wild committee of the Rhode Island Bar was legal counsel to Senator man, Harrold, Allen & Dixon in Association. He lives in Atrleboro, Levererr Saltonstall of Massa Chicago, Illinois, as a lateral associate Massachusetts. chusetts in the 1960s, then in the firm's litigation practice. wenr on to a series of corporate counsel positions. He retired Eunice J. Paik '99 is an associate in in 1991. Howard 1. Brown '97 joined the the corporate group of the Boston law firm of Mangum, Wall, Stoops & firm of Burns & Levinson LLP. SPRING 200 0 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 49 HEADS OF STATE House members chanting, "Toga! Toga! One of seven children growing up in (continuedfom page 25) Toga!" on the floor, and by reports of legisla South Boston and Dorchester, the son of Bill tors drinking in their offices, Finneran and Mary Finneran, Finneran says he would As chairman of the House Ways and rammed through-for the second time in a not have gone to law school ifhis brother Bob Means Committee during the early 1990s, year-an amendment that would gut the hadn't suggested taking a law and business Finneran, a Democrat and fiscal conservative Clean Elections campaign finance reform law, course during his senior year at Northeastern who lives in Mattapan, was a key ally of then approved by voters in 1998 by a two-to-one University. Finneran says he did well at both, governor William Weld, a Republican, who margin. Critics such as Barbara Anderson, of and an adviser at Northeastern told him to was attempting to slash spending, cut taxes, Citizens for Limited Taxation, and Ken White, try for law school. He did. He also got mar and close a gaping budget deficit simultane of Common Cause, attributed the legislators' ried, to the former Donna Kelley, which ously. He was elected to the Speakership in shenanigans to their utter powerlessness under Finneran says proved to be a wise decision. "I 1996 by an unusual alliance of conservative Finneran. The Speaker himself was finally never would have made it through law school without her. She was a calming influence," he says. "At least back then I had a temper, a Finneran says he will not die in the Speaker's chair. short temper, and I became frustrated with law school." He says he will always work, but he sees a life beyond Just prior to Finneran's graduation from BC Law, Brian Donnelly was leaving his his role as Speaker and beyond politics. Massachusetts House seat to run for Con gress. Finneran says he was in Walsh's Tavern, on Dorchester Avenue, when a friend sug Democrats and Republicans after his prede prodded into a promise to investigate after the gested that he run for Donnelly's seat. "I can cessor, Charles Flaherty, pled guilty to federal Boston Herald reported on the party-like not tell you what I said in response, because tax-evasion charges and stepped down. The atmosphere, which included votes being mys it is absolutely unprintable," Finneran quips. choice of the Democratic caucus was Richard teriously cast by absent members. "I am deter But over the next month and a half, more and Yoke, a liberal, and most people assumed mined ... to improve both the substance and more people suggested that he run. When he Yoke had it in the bag, but Finneran came the image of our budget process," Finneran asked his wife what she thought, "she was back with all of the Republicans and enough said in a prepared statement. very enthusiastic," Finneran says. "Her dad Democrats to get a bare majority of the full [Gerald Kelley] had run for rep in Codman House, even though Yoke got more Democ AN INDIFFERENT ELECTORATE Square twenty or thirty years earlier." So, ratic votes. There exists a variety of reasons why without having a real job, Finneran decided Finneran quickly established himself as Finneran prevails, according to insiders. For to run for office. "It is the classic Irish the most powerful Speaker since "Iron John" one thing, he is a man of daunting intellect Catholic politician's entry into politics: I was Thompson in the early 1960s. He brooked who explains himself eloquently and with an unemployed, so I thought I would run for no dissent and stripped legislators who impressive command of detail. For another, office," Finneran says, laughing. opposed him of their chairmanships and though the sausage-making process of legis Finneran says he admires and draws per other perks. It wasn't pretty, but many lating can be mighty unattractive, the end sonal inspiration from the careers of Winston observers-disillusioned by the chaos of product during the Finneran years-tax cuts, Churchill, Abraham Lincoln, Harry Truman, George Keverian's reform Speakership in the budget surpluses, education reform, and an and Martin Luther King Jr. "They provide 1980s and by the laissez-faire spirit of Flaher overhauled welfare system-has been, by and example, they provide guidance," Finneran ty's tenure-saw Finneran's approach as the large, popular with the electorate. Perhaps the says. "If you look at their lives, they knew only way to control 160 unruly legislators. biggest reason for Finneran's charmed life, more about adversity, they suffered more Yet there are times when it's hard to dis though, is rooted in the public's indifference. adversity, more setbacks, more challenges, tinguish Finneran's refreshing candor from a Unlike the 1960s, '70s, and '80s, when more degradation, public contempt, public disconcerting harshness, some political Boston's newspapers and television stations ridicule, public scorn, and everything that goes experts say. When students at education col covered Beacon Hill in endless detail and with it. And they never lost sight of the larger leges performed poorly on the first round of state politics were a staple of talk radio, the situation. They never felt sorry for themselves teacher-certification tests, he publicly referred State House today is ignored by all but a and said, 'Oh, gee, I'm a martyr, the public to them as "idiots." During the New England handful of newspaper and wire service misunderstands me.'" Then, in a thought Patriots' years-long campaign to win state aid reporters. And no one seems to wish it were seemingly formed with his critics in mind, for a new stadium in Foxborough, a cam otherwise. Finneran adds, "What I admire most about paign that nearly landed them in Hartford, "Finneran's behavior doesn't move the them, and which seems to me so rare today, is Finneran referred to team owner Robert Kraft electorate," says Tom Vannah, managing edi that they never confused popularity with lead as "a whining multimillionaire" and "a fat tor and political columnist for the Valley ership. Churchill's story is remarkable. In the assed millionaire." (Finneran later claimed he Advocate in Northampton. "Finneran's great end, after leading [his nation] on and through was referring to another NFL owner.) est accomplishment has been making the leg the hideous spectacle of war, the voters tossed This past spring things got particularly islature less relevant to the lives of Bay State him out again. It is a great lesson for all of us. ugly. In an all-night budget session marred by voters than it already was." Political office comes and goes." 50 BOSTON COLLEGE LAW SC HOO L MAGAZI N E I SPRI NG 2000 As if to remind Finneran of how the love to teach at Be, but the commute is But when Reilly, now fifty-eight, decided march of time pushes today's well-known tough. It is easier to get to Suffolk," he says to run for attorney general in 1998, skeptics names into the obscurity of history, the faces with a laugh, alluding to Suffolk's location questioned whether he was up to the job. His of every previous Speaker stare down from across the street from the State House. immediate predecessor, Scott Harshbarger the walls above him. Their portraits form a Finneran is generally thought to be too far (who also preceded Reilly as Middlesex DA), double row anchored just below the ceiling. outside of the Democratic Party's political had made a name for himself on issues such And he can even picture how the room will mainstream to make a successful run for gov as bank redlining and environmental protec look when someone else holds the Speaker's ernor. Insiders, though, speculate that he may tion. Harshbarger's predecessor, James Shan office. He points to a space in the corner. someday run for mayor of Boston-if not in non, fought the nuclear power industry. And "That's where I'll be. I'll be able to keep an 2001, then perhaps in 2005, when the Shannon's predecessor, Frank Bellotti '52, eye on everything from up there," he says. incumbent, Thomas Menino, may be ready pursued consumer protection issues such as Though he is aware his time on stage is to retire. auto insurance relief Reilly was challenged in short, he is just as conscious of the danger of Finneran's public persona is not that of a the 1998 Democratic primary by then-state staying on. ''A lot of people in public life humble man. But he speaks with humility and senator Lois Pines, who had worked on con make the same mistake that professional ath warmth when he reflects upon his life, a reflec sumer protection issues as a federal official. letes make. You stay too long," Finneran says. tion that was particularly poignant this past Reilly easily beat her and, in November, "Mickey Mantle played too long. Willie Mays January, on the eve of his fiftieth birthday. trumped a token Republican opponent. Still, played too long. Prizefighters are famous for "You are supposed to sort of feel something even after he entered office, there were serious staying too long." In the political realm, he at such a milestone. I don't know what the concerns about what he intended to do with points to former governor Weld as one of the heck you are supposed to feel, but I feel extra it. So it is ironic, observers say, that Reilly's few people he has known who was secure ordinarily fortunate-in the life that I have biggest triumph to date has been in complex enough in his own sense of who he is simply had, the health that God has given me, the public policy in which he has prevailed by to walk away when the time was right. family that I have, my wife, my two daughters taking the reins of his own office and, in a Few elected officials emulate Weld, and [Kelley and Shannon, both of whom go to sense, that of the governor as well. Finneran says he wants to avoid the mistake Holy Cross], and last but not least the people In January of this year, Harvard Pilgrim of not knowing when to leave. Finneran says I get to work with, my colleagues. Health Care (HPHC), the state's largest he will not die in the Speaker's chair. He says "I am the quintessential example," Finneran health-maintenance organization, or HMO, he will always work, but he sees a life beyond says, "of the guy who has been very, very lucky." informed state regulators that it was essential his role as Speaker and beyond politics. He ly out of money. The state had to move in and has continued his law practice, and he cur take over lest HPHC's creditors force the rently teaches law at Suffolk University. ''I'd organization into bankruptcy. By law, Insur ance Commissioner Linda Ruthardt, an /-. - appointee of Governor Paul Cellucci, became ------HPHC's receiver and, thus, its temporary ~ chief executive. But Reilly, using the attorney general's own statutory authority, oversaw the he rap on Thomas Reilly had always receivership and managed to upstage both T been that though he was capable, honest, Ruthardt and her boss. Reilly went into over and tough, he didn't have the intellectual or drive, calling frequent news conferences and, temperamental range to be anything other at one point, threatening harsh action against than what he was: a career prosecutor who Harvard University, which wanted HPHC to put bad people in prison. As the Middlesex drop the "Harvard" from its name. County district attorney, Reilly was a fixture What many observers found remark on the evening news. He personally prosecut able-at least for a politician-was the solu ed Eddie O'Brien, the hulking Somerville tion Reilly finally struck upon: to do nothing. teenager who murdered a neighbor, Janet In early March, Reilly announced that Downing, in a horrifying sexual frenzy. He HPHC's finances were recovering, and that locked up Richard Rosenthal, who impaled the HMO was out of fiscal danger. He and his wife's heart on a stick after she reportedly Ruthardt signed off on a restructuring complained about his cooking. Most famous arrangement that protected HPHC from its ly-or infamously, depending on one's point creditors. And Reilly got credit for cool crisis of view-he charged the British au pair management, seizing the moment yet refus Louise Woodward with first-degree murder ing to be panicked into selling off a highly after Matthew Eappen, a baby in her care, regarded nonprofit to some out-of-state con died of traumatic head injuries. Woodward glomerate. Boston GLobe columnist David was convicted of second-degree murder but Warsh was so impressed that he called Reilly released when the trial judge reduced the con "perhaps ... the leading Democratic candi viction to manslaughter. date" for governor in the 2002 campaign. SPRING 1000 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 51 WHERE TO FROM HERE? Reilly's biggest triumph to date has been in Reilly himself declines to speculate on his political future. "I have a lot on my plate right complex public policy in which he has prevailed now," he says. "In terms of challenges, I've got a lot to do." It's just as well. For one thing, he by taking the reins of his own office and, surely knows that the best way to run for gov in a sense, of the governor as well. ernor is to do a good job as attorney general. For another, his office has been a burial ground for the politically ambitious. Both Bellotti and Harshbarger attempted to use it father, Joseph, a police captain and the first inspiration. "I keep it close to me," he says. as a springboard to the governor's office. Bel African American officer in Springfield histo Reilly's passion for the less fortunate is lotti, running in 1990 after having vacated ry, became a mentor to Reilly. Today Reilly what has made Edmund Beard, director of the attorney general's office four years earlier, remains close to Wayne Budd, as well as to the University of Massachusetts's McCor failed even to win the Democratic nomina several other African American lawyers with mack Institute of Public Affairs, a fan of his. tion. Harshbarger did somewhat better than whom he worked early in his career, includ "I really like Tom Reilly," says Beard. "I like that in 1998, but was defeated that fall by ing Suffolk County District Attorney Ralph what he's doing with the office." Republican Paul Cellucci, then the acting Martin and Fletcher "Flash" Wiley, who is in According to many observers, what Reilly governor. As for Shannon, he served just one private practice. is doing with the office now is nothing short of term as attorney general, losing his bid for re Reilly graduated from American Interna revolurionary. Using consumer protection laws election in the Democratic primary to Harsh tional College in Springfield and worked for already on the books, Reilly has gone after the barger in 1990. both the CIA and for Ford before enrolling in gun industry, attempting to halt the sale of Dennis Hale, an associate professor of Boston College Law School. In 1968, while weapons unless they have tamper-resistant ser political science at Boston College, thinks still a law student, Reilly and his wife, Ruth, ial numbers, trigger locks, childproof devices, these failures may have something to do with had their first daughter, Lesley (the Reillys and other safety features. It is a bold move, and the peculiar status of the job. In most states, now have three children). He would have Boston College's Hale, for one, thinks Reilly as in the federal government, the attorney dropped out were it not for the unbending may have overreached. "It is exactly the sort of general is appointed by the governor (or the stand taken by the school's then-dean, the Rev thing that [an attorney general] has to grab on president) to offer advice and counsel to erend Robert Drinan, S.]. "Father Drinan to," Hale says, "but that almost always elected officials and to enforce the law. In refused to hear any notion of that," Reilly says, inevitably results in trespassing on the rights of Massachusetts, the attorney general is himself leaning back in his chair at the end of the large the governor or the legislature." an elected official, giving him a great deal of conference table in his office. Drinan (who Not that it's likely to bother Reilly much. independence but winning him few friends. went on to serve in Congress from 1971 to '82 He is a tough man-tough enough to under A telling example of that is Harshbarger, who and is now a law professor at Georgetown Uni go two artificial knee replacements during the had zealously pursued political corruption versity Law Center) arranged for Reilly to 1998 campaign and to keep on running, at charges against several leading Democrats, work at Boston Legal Services. A trace of a least figuratively. He's always argued that the and who, as a consequence, received only smile touches Reilly's lips as he remembers. "I crime-busting Reilly is media stereotype. In tepid support from party leaders when he ran worked every day. I went to school every day," an interview with the Boston Phoenix in 1997, for governor. "I think that oblivion is the nat he says. "Withour Father Drinan's help, I nev he talked about the Tom Reilly whom the ural consequence of that office," says Hale. er would have been able to stay at Be." Just as public doesn't see: a person who spends much "Because it is a separate office, that creates a important, he adds, was that "working at of his time meeting with school leaders, law natural tendency to grandstanding." Boston Legal Services reminded me that a lot enforcement officials, and social workers to If Reilly's success in saving Harvard Pil of other people didn't have the opportunities I keep at-risk youth out of trouble; who has grim belies his image as a stereotypical conser had." Reilly worked in South Boston and in made a priority of going after deadbeat dads vative Democrat, so, too, does his upbringing. the Columbia Point housing project. He met and the perpetrators of domestic violence. Reilly had a singularly difficult childhood. people who did not have the education he had If there's a unifYing theme to Reilly's Growing up in the Hungry Hill section of been able to receive; many had not been able career, it's been to protect the public, whether Springfield, his parents were poor Irish immi to get beyond the fifth or sixth grade. "It both from teenage killers or an indifferent school grants; his father died when Reilly was just ers me greatly that children of the poor do not system or a financially insolvent HMO. He's sixteen. Reilly was one of six children. Two of have the same opportunity I had," Reilly says. never been shy about taking the credit. his brothers were killed in accidents, one Another important influence on Reilly's Observers say it remains to be seen whether while riding a bicycle on Christmas Eve. life was the late Lenny Zakim, the executive that will translate into a still-higher position From the age of twelve, Reilly's closest director of the New England region of the for the state's chief law enforcement officer. _ friend has been Wayne Budd, a former US Anti-Defamation League, who died toward attorney who is now execurive vice president the end of 1999, at age forty-six, after a long and general counsel of John Hancock Mutu battle with cancer. Zakim was an eloquent al Life Insurance Company. Reilly and Budd voice on behalf of the disenfranchised and Brian Sullivan is a freelance writer living played football together at Cathedral High against hate and prejudice; Reilly says he often in Needham, Massachusetts. Vicki Sanders is School. After Reilly's father died, Budd's re-reads Zakim's book Lift Up Your Voices for the editor in chiefof this magazine. 52 BOSTON COLLEGE LAW SCH OOL MAGAZINE / SPRING 2000