BC Law Magazine Spring/Summer 2011 Boston College Law School

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Boston College Law School Magazine

4-1-2011 BC Law Magazine Spring/Summer 2011 Boston College Law School

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This Magazine is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Magazine by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Online at www.bc.edu/bclawmagazine New Dean Thinks Out Loud | Bribery in Africa | Murder in Manila

BOSTON COLLEGE LAW SCHOOL MAGAZINE | spring / summer 2011

Individual Choice? HA! New book challenges our belief in the freedom to choose Before there was , there was “face to face!”

For Reunioners & Volunteers*

October 21–22, 2011

Please join us at the Alumni Weekend if you

* Graduated in a reunion class: 1961, 1966, 1971, 1976, 1981, 1986, 1991, 1996, 2001, 2006 * Volunteered for BC Law during the past year as a 1L mentor, reunion committee member, regional alumni chapter organizer, oral advocacy judge, admissions volunteer, class agent, or in any other capacity. To begin volunteering, visit www.bc.edu/lawalumnivolunteer.

Look for more information in the coming months, but please save the date now! Contents spring / summer 2011 Volume 19 | N u m b e r 2

FEATURES DEPARTMENTS 2 In Limine 12 Of Our Own Volition? 3 Behind the Columns In his new book, Professor Kent Greenfield debunks the idea that choice rules in life 5 In Brief or in law 10 Legal Currents By Jane Whitehead LISTEN TO THE WALLS Justice at Nuremberg? OUR ‘MORAL ARCHITECT’ great cases 18 On the Take A revealing biography of Robert Drinan The mastermind of a landmark defense for the mutual fund industry, John Donovan ’81 29 Commencement outflanked deep-pocketed plaintiffs, sidestepped 30 Esquire a world economic climate blunting his cause, and ALUMNI NEWS won over the US Supreme Court generations By Chad Konecky CLASS NOTES 39 Faculty 22 Reality Check scholar’s forum Despite the exotic locales and their best Making state rainy day funds viable intentions, law interns discover some difficult profile: Renee Jones truths about international human rights work Academic Vitae By Jeri Zeder 53 Light the World Campaign Report 55 Reunion Giving Report 2010 60 In Closing Cover art by Adam Niklewicz

www.bc.edu/lawalumni 1 [ I n L imine ]

spring / summer 2011

V o l u m e 1 9 n u m b e r 2

Interim Dean George Brown

The Clues to Leadership Editor in Chief Vicki Sanders ([email protected]) What kind of dean will Vincent Rougeau be?

Art Director oston Colllege Law School is in transition, and there is no greater manifesta- Annette Trivette tion of that than the arrival July 1 of Vincent D. Rougeau. A law professor Bfrom Notre Dame, he is an expert on Catholic social teaching and the role Contributing Editor of moral and religious values in law making and public policy. He is also a deeply Deborah J. Wakefield thoughtful man, someone admired by those who know and work with him as a

good listener and consensus builder. Contributing Writers Rougeau endured a rigorous vetting process—as did four other finalists—that Cynthia Atoji included several rounds of interviews with alumni, faculty, staff, students, and BC Chad Konecky leadership. What job candidates in any other industry get to meet everyone they’ll Michael O’Donnell ’04 be working with before they’re even hired? Those of us who sat in on those get- Cara Feinberg acquainted sessions are fortunate to at least have had some personal contact with the new leader. Amy Lai ’11 Still, there is much to learn about BC Law’s eleventh dean. In an effort to satisfy Jane Whitehead some of the curiosity about Rougeau, BC Law Magazine sat down with him for Jeri Zeder an hour this spring. The conversation was enlightening, touching as it did on the roots of his commitment to social justice and public service (hint: his father’s cour- Photographers age during the Civil Rights movement) and how his experience as a young lawyer Suzi Camarata in banking deregulation led to his progressive thinking about social responsibility. Frank Curran We also learned some fun facts, such as that his parents’ career tracks in law and Charles Gauthier science—his father (a lawyer) and mother (a dietician early in her career)—roughly Jason Liu parallels his own and that of his wife, Robin Kornegay-Rougeau, a pediatrician. Michael Manning Rougeau comes to BC Law at a time of rapid change in the legal pro- Jacob Silberberg ’12 fession, which means he will need to be one step ahead of the industry on Dana Smith the educational curve. One point of synergy is his commitment to clinical training and other hands-on experience for students, options that are in P r i n t i n g line with the profession’s increasing call for graduates with more practi- R. C. Brayshaw & Company WILDING - W H I T E cal skills. It’s very common in other legal systems, Rougeau notes, “for

T I FF AN Y students to leave their education and take on a period of apprenticeship Boston College Law School of Newton, or internship-type training as a bridge to practice.” Massachusetts 02459-1163, publishes BC Law Magazine two times a year: in Perhaps most important, Rougeau is an optimist. He imagines a reinvigorated January and June. BC Law Magazine is BC Law community, in which all parties are pulling toward the same goals and printed by R. C. Brayshaw & Company in Warner and West Lebanon, NH. We each member can say, “I am so excited about where Boston College Law School is welcome readers’ comments. Contact us heading. I am so excited about the young people we bring to this school. The future by phone at 617-552-2873; by mail at excites me.” Boston College Law School, Barat House, 885 Centre Street, Newton, MA 02459- For more hints about what kind of dean Rougeau is likely to be, read the inter- 1163; or by email at [email protected]. view on Page 3. Copyright © 2011, Boston College Law School. All publication rights reserved. Vicki Sanders Opinions expressed in BC Law Editor in Chief Magazine do not necessarily reflect the views of Boston College Law School or Boston College.

2 BC Law magazine | SPRING / SUMMER 2011 [ B e h ind t h e C o lumns ]

What were the forces that shaped your interest in social justice? My interest in social justice and thinking closely about how the law affects people, particularly people who tend not to have a voice, goes directly back to my parents and their involvement with the Civil Rights movement and their constant reminder to us of the obligation to give back. Part of that was because my father, and mother too, took risks at the time. My father took a risk [leading a Civil Rights sit-in in Baton Rouge] that got him jailed but [the notoriety of his case] led to a job with a Civil Rights organization called CORE and eventually to Harvard Law School. Also because they were devoted to changing social structures that they thought were inequitable. I see my responsibility as carrying that tradition forward. Circumstances change but justice remains. And when I went into law practice it became clear to me that in my service to corporate clients…it was often easy to forget the other side of the equation in terms of who is affected by the decisions that we make for our large corporate clients. One of the things I was doing in practice was banking deregulation. That had a tremendous impact on the economy, in many ways a very beneficial impact on the economy. But it also meant we restructured the law in a way that took out a lot of consumer protection. When I went into academia, I wanted to look more

gar y gilber t closely at the other side. I wanted to see how banking deregulation and free market economic activity were affecting consumers, in particular those who didn’t have the range of choices people like us have. It became clear to me that the law was being affected in real negative Introducing ways. So I got involved in things like the Community Reinvestment Act, writing about that, and looking at efforts the law was making to level the playing field. I the New Dean became interested in Catholic social teaching because it was one of the few things I could find that offered Interviewed by Vicki Sanders a response to the laissez-faire free market approach to regulation, which just let the market make determina- tions as to how much credit should be available, as to On July 1, Notre Dame professor where banks should locate and let people make their own choices. Vincent D. Rougeau became the But what Catholic social teaching tells us is that peo- eleventh dean of Boston College Law ple are situated in community; we don’t act completely as autonomous individuals. Our choices, our develop- School. In a wide-ranging conversation ment, our spiritual understandings are all affected by our relationships with others, so it’s important for the law to in April, he discussed his upbringing, take those relationships seriously, to take the community the forces that shaped him as a scholar, aspect of what we do seriously, and to take how we live seriously. What we’re seeing right now in our public and his thoughts on the future of BC life is this dramatic tension between political interests and economic interests that want to focus on individual Law and the legal profession. freedom and autonomy to one extreme and this concern

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about what is going to happen to those structures and the amount of power they wield, and who have a real institutions that allow us to work together and work in understanding of justice in the broad sense. common [on the other extreme]. Who is speaking for the Another important part of Jesuit and Catholic educa- common good in our public life? tion is how it gives content to concepts like justice. Justice You know how we have arguments about health understood as justice between people, as social justice, care reform or whether or not public employees should economic justice. All these different understandings of be able to form unions. Why do we demonize attempts justice that are so richly developed in the Catholic tra- that people make to create coalitions to work together dition can be more fully explored and expressed in the in favor of saying, “Well, it’s always better if you make context of a place like Boston College Law School and in your own choices if we do things independently and the the context of a profession that’s supposed to be focused government doesn’t tell us what to do”? There’s got to on justice. That full understanding of human beings and be a way to balance those two things and to speak of the their place in communities, and that rich understanding importance of individual dignity…without forgetting that of justice, provide a setting for learning about the law there is no one who operates completely that’s incredibly rich and important. autonomously. We need to pay attention to community and to how institu- Rougeau at a Glance How are you going to clarify that tions and structures and communities understanding of BC Law as a Jesuit, affect us and enable us. There are a lot age 47 Catholic school to the outside world? of very important positive outcomes family You don’t come to BC and say, “I’m from that. And that’s what Catholic Wife: Robin Kornegay- getting my law degree, getting out of social teaching tells us, that the person Rougeau, pediatrician here, and getting a job.” If that’s all doesn’t exist without the community. A Children: Christian,16; that’s on your mind, then we’re not lot flows from that. Alexander, 15; Vincent Jr., 10 doing what we need to be doing to education make this institution meaningful. I need What does it mean for a student BA: Brown University, to send a message to a student who to get a Jesuit, Catholic education international relations wants to come to BC that they’re enter- and how does that affect students jd: Harvard Law School ing into a much richer and deeper expe- graduating from the Law School? rience: an experience of community, an professional experience I route that back to key aspects of experience of formation, and an experi- Morrison & Foerster, Catholic social teaching. A Jesuit edu- associate ence that they’re not going to enter into cation looks at a whole student as a alone. What I hope would distinguish person who has a number of needs, but academic experience Boston College as a Jesuit and Catholic a person situated in something larger Loyola University Chicago institution is that we show students a than him or herself. That famous Jesuit School of Law, professor; range of things they can do that keeps Notre Dame Law School, phrase, “men and women for others” them rooted in a sense of responsibility professor says exactly that in a very few words. to the profession and to others, and par- And what could be more important research interests ticularly to those in need: the poor, the than keeping that message front and Law and religion—the role marginalized, those who suffer injus- center as you are developing a young of moral, community, and tice. No matter what kind of law a stu- lawyer? Because a lawyer is often in a religious values in law- dent practices, I hope he or she knows position, if focused on his or her own making and public policy; that if they come from this law school, needs, to do a lot of harm. A good law- Catholic social thought; they have those obligations. yer is behaving as a professional who theology; political philosophy understands commitments she or he has recent publications You’ve spoken about wanting to to the profession, to the client, to ethical Christians in the American further diversify the Law School. principles. Empire: Faith and Citizenship How will you do that? If you educate a lawyer as a techni- in the New World Order, The Catholic church is a universal cian, as a pure advocate, or in a purely Oxford University Press, 2008. church; it reaches out to people around adversarial way, you are not only rob- “Catholic Social Thought and the world. We should be able to form bing the lawyer of an appropriate type Global Migration: Bridging communities in our institutions that of development situated in a profes- the Paradox of Universal send a message to all people who are sional and a community life, but you Human Rights and Territorial interested in the learning we offer that are also robbing the community of Self-Determination,” Seattle they are welcome. As we look forward lawyers who understand how incredibly University Law Review, 2009. to what kind of institution we want to weighty their role is, who understand (continued on page 46)

4 BC Law magazine | SPRING / SUMMER 2011 [ I n B rief ] C a m p u s n ew s & e v e n t s o f n o t e

Wrongs Righted, No Cape Required

FTC ‘superhero’ Leibowitz stands up for the little guy

an a federal regulator be a superhero? Fed- C eral Trade Commis- sioner Jon Leibowitz made a case for the affirmative at BC Law during his March 17 lecture: “Everything but the Cape: Careers for Superheroes at the Federal Trade Commission.” Like their cartoon childhood heroes, said Leibowitz, the anti-trust and consumer protection attorneys who work for the bipartisan, independent agency call the powerful to account for abuse of power. “And though we don’t wear capes, we do fight for truth, justice, and the American way,” said Leibowitz. For the online-browsing rather than cartoon-watching generation, privacy on the internet is a major concern. “By that we mean more than just making sure your mom or your future boss doesn’t see those very unfortunate Face- book pictures,” said Leibowitz, outlining the agency’s proposed th e ispo t .com Do Not Track mechanism. If adopted, it will give consum-

ers options to specify what gordon s t uder / information they wish to share about their browsing behavior. which is really harming con- make more reasonably priced will outlaw settlements that “ As any superhero can tell sumers,” he said. One case in generic drugs available. increase the cost of prescrip- you: Where there’s money, point: In June 2010, the FTC The rise of so-called pay- tion drugs. “So we have a lot of there are villains,” said Lei- announced one of the largest for-delay patent settlements by lobbyists lined up against us,” bowitz. Foreclosure “rescue” judgments in its history against which pharmaceutical compa- he said. and debt consolidation scams two Countrywide mortgage nies pay their generic competi- But with the health of mil- mushroomed after the collapse servicing companies, returning tors to stay out of the market lions of Americans hanging in of the housing market, and over $108 million to 200,000 home- has added an average of $3.5 the balance, he pledged with the past two years the FTC has owners victimized by their billion per year to consumer superhero bravado: “We’re worked with states’ attorneys predatory practices. health care costs over the last going to continue to fight until general to “clear up this sort Leibowitz discussed the five years, he said. Congress is we win.” of Wild West type of industry FTC’s long-running battle to close to passing legislation that —Jane Whitehead

www.bc.edu/lawalumni 5 [ I n B rief ]

Post-Deportation Project Reunites a Family

HAITIAN DEPORTEE RETURNS TO WIFE AND CHILDREN

fter being separated that is the fruit of much excel- his application was pending, spouses, individuals who have from his US citizen wife lent hard work by our project’s he met his wife and became been deported or who have Aand his two young US attorneys. It is an example of the primary caretaker of the spent periods of time in the US citizen sons for the past two- the type of compelling case couple’s special needs son. His “unlawfully” are barred from and-a-half years, a client of for which the project was asylum application was ulti- re-entering the country. In such the Post-Deportation Human designed. We hope that it can mately denied, however, and instances, special waivers must Rights Project (PDHRP) at serve as a model for other law- Mr. L was deported to Haiti in be granted to allow the individ- Boston College was finally yers and law school clinics.” May 2008, leaving behind his ual to obtain an immigrant visa able to rejoin his family in Mr. L (not his real name) son and his wife, who at the and to return to their families. Massachusetts. The project’s fled Haiti in 2002, after being time was expecting the couple’s With PDHRP’s assistance, director, law professor Daniel the target of threats and harass- second child. Mr. L submitted applications Kanstroom, describes this as “a ment, and applied for asylum Although US citizens can to US Citizenship and Immi- great humanitarian decision in the United States. While generally petition for their gration Services documenting the extreme emotional and financial hardship his wife and PILF Pay Dirt children were experiencing as a result of the separation, and Moving the annual PILF requesting that he be granted Auction to Fenway Park’s a waiver. After waiting five EMC Club this April months for a decision, and paid off with a sellout more than two-and-a-half crowd and enough buzz years after his deportation, Mr. to extend sales over L was granted the waiver and several more weeks, issued his visa to return to the yielding $58,600. The US as a lawful permanent resi- most coveted of the dent. He was reunited with his 500 items on the block? family in January. BARBRI gift certificates. His wife explains what the Prized sports tickets and journey has been like for her his and her snowboards family: “When we were sepa- were also favorites. The rated it’s like we had no life, event’s honoree was but since he’s been back it’s John Montgomery ’75. like we’re living again. The Proceeds support student kids are doing better and are summer stipends. so happy to have their father home.” The PDHRP, based at the Center for Human Rights and International Justice at Boston College, aims to conceptualize a new area of law, providing direct representation to individuals who have been deported and promoting the rights of deportees and their family members through research, legal and policy analysis, media advocacy, training programs, and participatory action research. For more information on PDHRP, visit www.bc.edu/

j acob silberberg ’12 postdeportation.

6 BC Law magazine | SPRING / SUMMER 2011 nal First Things, University only religion, Islam. of Notre Dame theology pro- It should come as no sur- BULLETIN BOARD fessor Gabriel Said Reynolds prise, then, that the 2010 writes: “…From the perspec- Human Security Report indi- The third annual Diversity Bar tive of Islamic jurisprudence, cates that four of the five cocktail party drew a crowd of converts to Christianity are world’s deadliest conflicts are about 200 to BC Law in March. not Christians of Muslim in Afghanistan, Somalia, Paki- The largest in a series of Diver- background. They are Muslim stan, and Iraq, Muslim nations sity Month activities sponsored apostates, and all major tradi- with a variety of Islamic insur- by WilmerHale LLP, the event brought together students tional Islamic schools of law gents who reject religious free- with representatives from state agree that the punishment for dom under the guise of funda- affinity and mainstream bar apostates is death.” mentalist Shari’a law. associations. The Diversity Bar While Professor Rabb When state and religious was organized by Alumni Board concedes that Shari’a law is authority merge or overlap member for affinity groups In- characterized by a great deal and are intolerant or exclu- L e t t er s grid Schroffner ’95, the BC Law of diversity and dissent, oth- sionary to other Muslim sects Office of Institutional Advance- er commentators go further or religious traditions, the ment, and the LSA Diversity in depicting its weaknesses. result is armed conflict as the Committee. A Reader’s Challenge Jan Michael Otto, professor other group seeks protection I read as far in “The People’s of law at Leiden University and defense from repression. Among Asian-themed talks at Lawyer” (Fall/Winter 2010) as in the Netherlands, states as Pope Benedict XVI’s 2011 BC Law this spring were Da- the statement that Francis X. follows: “…Anthropological World Day of Peace mes- vid Sakura’s account of being Bellotti was the first lieutenant research shows that people in sage was on target when he interned as a child, which he governor in the nation to run local communities do not dis- observed that religious free- presented with correspondence, against his boss, the gover- tinguish clearly whether and dom is a security issue and that photographs, and newspaper nor, in 1964. I believe that, in to what extent their norms peace in the world depends articles about his family’s cap- tivity in a relocation camp for 1958 Rhode Island Lieuten- and practices are based on upon it. Japanese Americans during ant Governor Armand Cote local tradition, tribal cus- James T. Grady ’59 World War II while his father challenged his governor, Den- tom, or religion. Those who Marion, Massachusetts served in the US Army. …Peace nis J. Roberts, in a primary, adhere to a confrontational Corps volunteer Michael Meyer but lost. Governor Roberts view of Shari’a tend to ascribe Unexpected Memories spoke about his book, The Last then went on to lose to Chris- many undesirable practices I was pleasantly surprised to Days of Old Beijing, on the topher DelSesto. Two years to Shari’a and religion, while see a photo of my father, Phil consequences of the destruc- later, DelSesto was defeated in overlooking custom and cul- Callan ’64, being sworn into tion of neighborhoods in China the general election by Lieu- ture, even if high ranking reli- the Order of the Coif in the to prepare for the 2000 Olym- tenant Governor John Notte gious authorities have stated article on the deans (“For the pics. …Tom Vallely and Ben Jr. I think his lieutenant gov- the opposite.” Record,” Fall/Winter 2010), Wilkinson of Harvard’s Vietnam ernor was Edward Gallogly, Given the fact that in the which I enjoyed. Program formed a panel that who, in 1964, two years after world today there are 1.57 I recall Dean Huber talk- asked: “Vietnam: Is Good Gov- Notte’s defeat by John Chafee, billion Muslims who practice ing in my Property law class ernance Required for Economic challenged Chafee, who was Islam under countless versions in 1989 about teaching at St. Growth?” reelected that year. and adaptations of Shari’a Thomas More Hall in the late D. A. D’Andrea ’68 law, all being administered 1960s with the windows open. One of the more unusual top- Newport, Rhode Island and enforced subjectively He said there were days during ics discussed this spring was the birth of the so-called field [Editor’s Note: Mr. Andrea is purportedly to accommodate the Vietnam War when the of “road ecology.” University correct. Our apologies for the local custom, usage, and prac- class would be interrupted by of Utah Professor Amy Wilder- error.] tices, it is difficult to see how “Taps” as another local sol- muth is among those develop- Shari’a law can be considered dier was laid to rest. That story ing this new discipline, which Taking Issue as a legal system that is a ben- has always stayed with me. studies the impact of roads on with Shari’a Law eficial uniform standard, with He also told the class he the environment and wildlife. I must respectfully disagree justice being fairly adminis- was trying to teach us the They contend that many of the with Professor Rabb’s article tered thereunder. difference between a variance ill effects of roads can be re- extolling the merits of Shari’a Al Qaeda’s central goal is and a special permit because duced through smart design. law (“Which Shari’a, Which to establish an Islamic caliph- some of us would become America,” Fall/Winter 2010). ate throughout the Muslim zoning lawyers. My thought Russell Beck of Beck Reed Riden A key element of any sys- world under a fundamental- was immediately, “Not me.” LLP, an authority on the law of tem of law is whether it pro- ist version of Shari’a law. Here we are over twenty years trade secrets and noncompetes, vides for religious freedom. Because of its adaptability, later, and it is a large part of presented on the topic at a In- Shari’a law does not. In Shari’a is perfectly suited to my practice. tellectual Property and Technol- “Evangelizing Islam” in the function as al Qaeda’s rule of Michael K. Callan ’91 ogy Forum event in March. January 2011 issue of the jour- law and the interpreter of its Springfield, Massachusetts

www.bc.edu/lawalumni 7 [ I n B rief ] Jan Wolfe ’11 Graduate of Boston College ’06, English major. Intern The Long Arm of Scholarship to Judge Nancy Gertner, US District Court for District of Massachusetts, member of BC European Union Law LAW REVIEW REACHES 100,000 DOWNLOADS Moot Court Team, student in BC Law Criminal Justice Clinic. Sport: bicycling. ince first appearing in Bos- of Boston College Law School. ton College Law School’s The BC Law journals are YOU WERE CONSIDERING JOURNALISM. HOW DID YOU END UP AT SDigital Commons Reposi- hosted on the repository plat- LAW SCHOOL? I was an assistant to author and defense attorney tory in June 2010, articles form of the Berkeley Electronic Harvey Silverglate and was immersed in researching thought- from the Boston College Law Press—Digital Commons. The provoking opinion articles and his book, Three Felonies a Day. Review have been downloaded Boston College Law Review, I was also a paralegal for him on First Amendment, student more than 100,000 times. along with the Boston Col- speech, civil liberties, and prisoner rights cases. Working with The 100,000th article down- lege International & Compara- this guy, who has a fascinating legal practice, made me think load was: “Municipal Liabil- tive Law Review, the Boston I should go to law school. ity Under Section 1983 and College Environmental Affairs HAVE YOU GIVEN UP YOUR DREAM OF BEING A JOURNALIST? I’m the Ambiguities of Burger Law Review, the Boston Col- doing a journalism internship this summer at American Lawyer. Court Federalism: A Comment lege Third World Law Journal, on City of Oklahoma City v. and the Law School Faculty YOU’VE ALSO DEVELOPED A STRONG INTEREST IN CRIMINAL Tuttle and Pembaur v. City Publications series, are freely DEFENSE, RIGHT? Yes, I care a lot about civil liberties issues, and of Cincinnati—The ‘Official available online, helping to ful- as a defense attorney, you’re on the front line of those issues. Policy’ Cases.” The milestone fill the Law School’s commit- How we treat our accused and convicted says so much about article was written by Professor ment to the wide distribution of us as a society. George D. Brown, interim dean its scholarship. DESCRIBE YOUR CLINICAL WORK AT BOSTON MUNICIPAL COURT IN DORCHESTER. I don’t know how lifelong public defenders do it because it’s so sad—almost everyone you represent is the prod- BC Law Moves Up to 27th uct of very difficult circumstances. I was scared out of my mind beforehand about representing criminal defendants. I’d go to lockup trembling. But they were so kind, they’d say “sir,” SMALL VARIABLES CAN HAVE BIG IMPACT and they had great questions. Some were really bad apples, but by and large they were the most amazing people I ever met. oston College Law School an overall score of 65, up two moved up a point to 27th points from last year. IT SOUNDS LIKE THEIR HUMANITY WAS IMPORTANT TO YOU. The Bin the 2012 US News and The full rankings for gradu- legal problems they had were just one aspect of their life. One World Report rankings. ate schools are available online client faced a lot of charges and we got him a deal of one year. The report ranks ABA- at www.usnews.com. When we factored in time served and parole eligibility, the accredited law schools, taking Interim Dean George Brown term was even shorter. I thought that was amazing and expect- into account a number of mea- noted that BC Law is only two ed a hug and tears from him. He listened, and said, “Now I sures, including student-faculty points in overall score from have to figure out where to live.” He still had underlying issues ratio, admissions selectivity, being ranked 23rd. “We moved like homelessness and poverty; he needs a social worker and employment rates, bar passage up from 63 to 65 in overall education. It made me realize that his legal problems were not rate, and reputation. BC Law score this year,” he said. “This even the most important things, and that there was only so improved in nearly every cat- puts us among over a dozen much I could do as an attorney. egory this year. law schools that have total HOW DO YOU MAINTAIN A PROFESSIONAL BALANCE IN THIS In the US News specialty scores ranging from 68 to 64. SITUATION? It’s easy to represent someone who is guilty rankings, BC Law was No. 15 These schools are more tightly because they need advocacy. I’m not defending what they for Legal Research and Writ- bunched than ever, and because did, I’m defending their rights, and without me they could ing, No. 16 for tax, and No. 25 of that, a small change in one be steamrolled. Guilt or innocence is not as black and white when ranked by top law firms. variable can cause a larger as you think. In court, I saw what an honorable profession US News uses a weight- move on the overall list.” defense work can be. ed average to determine each Brown cited hiring more school’s final placement. A faculty and creating more job WHAT WOULD YOU LIKE YOUR FUTURE TO LOOK LIKE? I’ll be school’s score on each indicator opportunities as among recent an attorney who writes about the law. Many members of the was standardized. Then scores initiatives aimed at strengthen- defense bar are wary of writing because of confidentiality were weighted, totaled, and ing the Law School. “But we issues or because they’ve been burned in the past. More bridges re-scaled so that the top school are not done,” he said. “Our need to be built between parts of the bar and the press. I’d received 100 and other schools focus remains on improving like to bridge that gap and provide the public with the perspec- received a percentage of the over the long term, by strength- tive they’re not getting. I think it would do a lot of good. top score. BC Law received ening the school from within.” —Interviewed by Vicki Sanders mic h ael manning

8 BC Law magazine | spring / summer 2011 [ I n B rief ]

www.bc.edu/lawalumni 9 [ L e g al C urrents ] t re n d s a n d t i m el y i s s u e s

Listen to the Walls

New lessons from the Nuremberg Trials

“When I approached the walls, I was filled with horror. The walls began to speak.” —Red Army Sergeant S.N. Grutman ap p h o t / Ke v in Fra y er

n December 2, 1944, mere months spoke in Yiddish, Polish, and Russian, a director of Amnesty International USA, The after the liberation of Kovel, line drawn around each note. Not an inch Unknown Black Book is a companion to OUkraine, from German occupa- of wall was blank. Every entry addressed The Black Book, which contains statements tion, Red Army Sergeant S.N. Grutman a loved one. Many recorded the names of and documents from Holocaust survivors arrived in search of mementos of his family members and their dates of death. collected in the immediate wake of the Red murdered mother and mother-in-law. He Grutman felt his legs give way, and for the Army’s liberation of Soviet territory from found a ghost town. He stood at the first time in three-and-a-half years of war, the Germans. Soviet censorship blocked threshold of the synagogue. The Torah he wept. the publication of Russian-language edi- scrolls lay burned. The benches were gone. He wrote, “I still do not know the whole tions until 1993, after the regime fell. The The walls were pockmarked from auto- story of the Kovel tragedy, but I know that Unknown Black Book presents discovered matic weapons fire. Recording his immi- it will be a tragedy for many nations and materials omitted from The Black Book. nent impressions, Grutman wrote, “When for humanity if mercy triumphs on behalf A challenge implicit in Grutman’s sto- I approached the walls, I was filled with of the murderers.” ry—implicit in the stories filling both Black horror. The walls began to speak.” Grutman’s report is one of hundreds Books, really—is whether justice was ever They spoke with the penciled inscrip- recorded in The Unknown Black Book: done on behalf of the victims of the Holo- tions of doomed Jews, imprisoned in their The Holocaust in the German-Occupied caust. Rubenstein explored the issue when own house of worship, waiting to be Soviet Territories. Translated and edited he spoke at BC Law School this spring as herded, shot, and left in mass graves. They by Joshua Rubenstein, northeast regional a guest of the Center for Human Rights

10 BC Law magazine | SPRING / SUMMER 2011 [ L e g al C urrents ] and International Justice and the Owen M. Kupferschmid Holocaust/Human Rights Our ‘Moral Architect’ Project. To the question, Was justice done at Nuremberg?, Rubenstein’s answer was: BIOGRAPHY ILLUMINATES PRIVATE LIFE OF A PUBLIC MAN inconsistently, at best. Rubenstein explained how Hitler suc- riting a biography of Robert F. cessfully invaded the Soviet Union and Drinan must have been a chal- deployed the Einsatzgruppen: four mobile Wlenge because of the complexity shooting units of several thousand officers of his personality and the complicated life whose job it was to summarily kill the 2.5 he led as a Jesuit priest. Yet, Father Ray- million Jews living in German-occupied mond A. Schroth, SJ, has captured both in Soviet territories. They did so not by ship- this splendid and honest biography, Bob ping them off to concentration camps, Drinan—The Controversial Life of the but by shooting them by the thousands in First Catholic Priest Elected to Congress open-air massacres. They managed to mur- (Fordham University Press, New York, der over a million people this way. 2011). At the Nuremberg Military Tribunals, We cannot know what went through the United States named twenty-four high- the mind of Bob Drinan, a recent gradu- level officials as defendants in the Ein- ate of Boston College, as he waited for the satzgruppen Trial (September 1947 to train to take him to Shadowbrook in 1942 April 1948). Originally, fourteen defen- to enter the Jesuit order. He had consid- dants received a sentence of death; two, ered becoming a Maryknoll priest and had life sentences; three, twenty years in prison; even been accepted into the order. How- two, ten years. One got time served, one ever, in a discussion in a parlor at BC’s St. died in custody, and one committed suicide Mary’s Hall with Father Richard Gregory before the trial opened. Shea, a Jesuit who taught English at Bos- Justice, it appeared, would be served. ton College and whom Drinan looked up Except that, in the end, it wasn’t. Ulti- mately, the death sentence was carried The story in the book of Father Drinan’s permission to run out against only four defendants. Between 1951 and 1958, all surviving defendants for Congress should lay to rest false beliefs that Father Drinan were released. And the Einsatzgruppen Trial was not unique; within three years disobeyed any order not to run. after the war ended, increasingly lenient sentences were being handed down at the to as a mentor, Drinan was steered away given him.” Palace of Justice in Nuremberg. from doing missionary work in China with The book’s detailed description of the What happened? Politics, expediency, the Maryknoll priests and persuaded that day-to-day activities of the Jesuit-in-train- shifting alliances, the Cold War. Ruben- he could live a fulfilling life as a Jesuit. ing provides some understanding of a stein calls it “moral amnesia.” “I empha- Father’s Schroth’s description of Jesuit Jesuit’s outlook on life. It also may explain size this because it underscores the moral education, including an analysis of the Drinan’s reluctance to discuss his child- resiliency you need when you deal with curriculum Father Drinan followed, shows hood (He once ambiguously declared, “I criminals of this kind,” Rubenstein told his the extraordinary richness of the path never grew up. I’m Peter Pan.”) and was audience. “Why was Idi Amin permitted that Drinan stepped upon that day at the not demonstrative in his affection for to live his life out quite peacefully in Saudi train station. The period of formation was people, except perhaps for his immediate Arabia? Why does one generation after designed, Father Schroth writes, “to isolate family, with whom he remained close. another of Haitian army officers get to the young Jesuits from worldly distrac- Father Schroth writes that Drinan retire to Panama or Miami or Brooklyn?” tions” so that they could focus on devel- could appear to be distant at times, often Sixty years after the close of the trials at oping spiritual discipline and the ability detached. His mind seemed to be racing Nuremberg, Rubenstein says, we are only to live simply. It instilled the ideals of the at high speed and he often moved at a fast just starting to have the machinery to hold order, including the principle of obedience, pace. Sometimes he felt disagreement was accountable political leaders who kill thou- which would become a very public issue disloyalty. He was impatient with people sands of people. for Drinan later in life. The young Jesuits who did not understand the issues he was If walls could talk. were to replace the affections they had discussing, and he could be short or dis- —Jeri Zeder felt before entering the order with a “new missive. When, for example, Drinan was perspective—with the history and love of asked whether he liked fellow congressman Writer Jeri Zeder’s father’s relatives were the Society of Jesus.” Drinan accepted that Father Robert J. Cornell of the Norbertine killed in the Holocaust when the Germans this new way of living would provide him Order, the second Catholic priest elected to occupied Soviet territory. “the best ways to use the talents God had (continued on page 47)

www.bc.edu/lawalumni 11

In his new book, Professor Kent Greenfield debunks the idea that choice rules in life or in law by jane whitehead

of Our Own adam ni k lewicz vo l i t i o n ? If there’s one thing most Americans can agree on, it’s that choice is good. Politicians of all stripes use the rhetoric of choice. Most of us like to feel that we are the masters of our fate. But what if we’re deluded? What if our choices are shaped at every turn by forces beyond our control, like biology, economics and culture?

Kent Greenfield brings a law professor’s perspective to these The Myth of Choice’s first section examines the notion at the questions in his book, The Myth of Choice: Personal Responsi- core of the American story, that we are defined by, and respon- bility in a World of Limits, to be published by Yale University sible for, our choices. “We idolize choice,” Greenfield writes, Press in October. Drawing on legal cases, family stories, classic “using it to market everything from political causes to fast food.” psychological experiments, and the latest findings of neurosci- But, he asks, “What if our choices—even the ones we think ence, Greenfield sheds light on the complexities obscured by our we are making—are so limited that we are less like wild horses assumptions about choice and personal responsibility. on the plains and more like steers in a cattle chute?” The reason “What I’m doing is reframing this age-old debate about free this matters, he says, is that “it is fundamental to the American will, putting it into a modern context, using modern understand- sensibility to praise personal autonomy and require individuals to ings of neuroscience and the power of markets, authority, and take responsibility for their decisions,” and yet our thinking about culture, and then exploring the implications for law,” he explains. choice is confused. He has long wrestled with questions of agency, voluntariness, Take American attitudes towards the obese. We tend to see and coercion, as the concept of choice, in its various guises of being fat as “a failure of decision making, a sign of poor choices,” assent, consent, and free will, occupies a dominant role in virtu- Greenfield writes. Yet evidence is mounting that people are ally every area of United States law. He has become intrigued by “hard-wired” to eat certain foods by deep biological drives, and the ways that discoveries from the frontiers of brain science are that aggressive advertising, income level, and access to nutritious transforming our understanding of choice and decision-making. foods affect people’s eating choices. In other situations, “we seem He has seen this transformation reflected in legal scholarship and mainstream non-fiction, including Malcolm Gladwell’s Blink (2005), Richard H. Thaler and Cass R. Sunstein’s Nudge: Improv- ing Decisions About Health, Wealth and Happiness (2008), and Sheena Iyengar’s The Art of Choosing (2010). Questions of choice and coercion became more than academic puzzles for Greenfield in the early 2000s when he took a leading role in Rumsfeld v. FAIR, Inc., the lawsuit brought by the Forum for Academic and Institutional Rights (FAIR), a coalition of academic institutions, contesting the Solomon Amendment. This required universities to allow military recruiters on campus as a condition of receiving federal funds. “Our argument was that we were being coerced into accepting discriminatory employers onto our campus, because if we didn’t, they were going to take away all this money,” says Greenfield. The Supreme Court ruled against FAIR in 2006, in Greenfield’s view, sidestepping the question of whether the funding cutoff threat amounted to compulsion. The case prompted him to think more broadly, “What does it mean for things to be voluntary? How much free will do we have?” He delved into contemporary legal scholarship on agency, choice, and decision-making. Among those whose work he studied were “neurolaw” pioneer Owen Jones at the Law and Neuro- science Project at Vanderbilt University, and Jon Hanson, director

of the Harvard Law School Project on Law and Mind Sciences. adam ni k lewicz

14 BC Law magazine | SPRING / SUMMER 2011 to excuse people from personal responsibility,” he says, taking the example of a trio of climbers killed by a winter storm as they In Love with Choice scaled Oregon’s Mount Hood in December 2006. The climbers d were hailed as adventurers, while fat people, who “probably have less responsibility for their size than the climbers on Mount Hood Excerpted from The Myth of Choice: had for being on the slopes of a mountain in December,” are dis- Personal Responsibility in a World of Limits paraged. The book’s middle section shows how our freedom to choose f any slogan captures the American mindset, it’s is shaped by biology, economics, and culture. “The science is Burger King’s “Have It Your Way.” Originating increasingly clear: We are slaves to our brain chemistry more in 1974, the slogan was linked to a catchy jingle often and in more ways than we might like to admit,” he writes, that burrowed into your psyche like a Barry citing among many examples advertisers’ abilities to tap into the I Manilow song. pleasure-seeking centers of the brain. Burger King revived the slogan a few years ago after While brain chemistry influences us from within, says Green- ignoring it for a couple of decades because, according to a field, cultural values of which we are equally oblivious constrain company spokesperson, “mass customization is what’s in right us from the outside. One example taken from family history is a now.” The company wanted to emphasize the range of choic- description of the cultural expectations his mother faced as the es available to Whopper lovers, to mirror the choices consum- wife of a Southern Baptist preacher in the 1950s, codified in a ers have “when buying everything from coffee and clothes book called The Pastor’s Wife. Among its decrees was the warn- to breakfast bars.” The campaign makes sense, according to ing that: “never should the wife make the husband feel that he has Burger King’s ad agency, because “self-expression” is now a taken a second place,” and the requirement to “keep the bath- “critical element” of our culture. room immaculate day and night. . . .” Not everyone will see their desire for extra tomatoes on a “Now I understand why my mom would often stay up late Whopper as self-expression. Some people might, though, and at night doing housework,” comments Greenfield. “If the culture the campaign’s point is worth emphasizing: Choice is in. tells you that you are not equal, valued, empowered, or full of Choice is not only used to sell hamburgers and ways to potential, then you can hardly be accused of lacking ‘personal watch television. It is also a powerful notion in politics and responsibility’ if you act as if you were unequal, valueless, power- law. People use choice rhetoric to animate political move- less, and empty of potential.” ments and to justify legal doctrines. Greenfield uses the book’s final section to explore how our In politics, the entire concept of democracy is based on limited capacity for making choices can be strengthened. On the some form of social contract or democratic consent—another grounds that “the more we know about our own fallibility, the name for choice. In fact, choice is so engrained in our national better choosers we are likely to be,” he suggests individual efforts mindset that it made it into the third sentence of the Declara- and public policy initiatives that might lead to better outcomes. tion of Independence: “Governments are instituted among Men, deriving their just powers from the consent”—the Jane Whitehead is a contributing editor to this magazine. choice—“of the governed.” Without our consent, King George’s rule was illegitimate, so “We the People” instituted a government of our own. (That “the People” omitted women and people of color was ignored in polite company for a century or more.) Consent as a basis for government legitimacy was derived from European thinkers like Jean-Jacques Rousseau and John Locke, who argued that governments derived power to infringe on individuals’ liberty only if the subjects themselves consented either explicitly or implicitly to such authority. The American framers took this concept as the basis of their government. Yet it is not just wig-wearing eighteenth-century types who think of consent and choice as a powerful political frame. Present-day political movements also use it with great regularity. The biggest issue during Obama’s first two years in office was the effort to reform health care, and much of the debate depended on rhetoric about choice, freedom, and personal responsibility. Obama and the Democrats initially advocated a “public option,” which would give Americans an additional choice for health insurance, namely a government-run insurance company. The Republicans successfully opposed the pub-

www.bc.edu/lawalumni 15 lic option by saying it was inconsistent with the free market. prevents the other party from understanding what they are The Democrats were successful in winning protection for peo- buying. The doctrine of “unconscionability” is also related to ple with pre-existing conditions, giving them the freedom to choice. If a contract is so one-sided and unfair that it looks like buy health insurance and the right to protection from forced the product of coercion, misunderstanding, or the misuse of exclusion by insurance companies. But in order to make such power, it may be set aside. coverage work as a financial matter, the bill had to include One such case arose in California, in the bad old days when an individual “mandate”—a requirement that everyone buy homosexuality was a crime. Donald Odorizzi, an elementary insurance. This mandate is the target of a number of lawsuits school teacher, was arrested for homosexual activity. After around the country, with the principal argument being that he was questioned, booked, and released on bail, the super- the federal government does not have the constitutional intendent of his school district and the principal of his school authority to institute such a mandate. At the time of this writ- showed up at his apartment with a letter of resignation they ing, it is unclear how the constitutional debate will shake out. wanted Odorizzi to sign. The superintendent and principal But it is clear how reform’s opponents are attacking it. So- told him that if he did not resign they would fire him and called “ObamaCare” is a “death of freedom” and a violation publicize the proceedings, humiliating him. Odorizzi had not of “the growth of personal responsibility and self-reliance” slept in forty hours, and his bosses would not let him consult as well as the “cultural movement to choice.” an attorney. He signed the letter. A month later, the criminal case against him was dropped and he sued to get his job back, saying that the resignation, which was a kind of contract, was a product of “undue influence.” A lower court dismissed his he most prominent example of choice rheto- complaint but an appeals court reversed, saying that a con- ric of politics is around the topic of abortion. tract is not valid if it is a product of “persuasion which tends to Historian Rickie Solinger traces the use of the be coercive...which overcomes the will without convincing the word “choice” in this context to a 1969 decision judgment.” T by the National Abortion Rights Action League This raises the question of how much persuasion is too to name its first national action “Children by Choice.” Choice much, or when a choice is not a choice. As the Odorizzi court became the watchword of the abortion rights movement said, in language only an appeals court could love: “The diffi- because it permitted advocates to talk about a difficult subject culty, of course, lies in determining when the forces of persua- without alienating moderates. Solinger writes, “Many people sion have overflowed their normal banks and become oppres- believed that ‘choice’—a term that evoked women shoppers sive flood waters.” selecting among options in the marketplace—would be an There is not a person alive who has not had second easier sell.” thoughts after a purchase or regretted listening to that sales- In law, the notion of choice is also fundamental, driv- person who said, “Wow, that outfit looks great on you.” ing legal decisions and underlying a host of legal doctrines. Persuasion is not the same as coercion, and sometimes second Choice goes by a number of names in the law: assent, consent, thoughts are something we have to live with. Sometimes we free will. It can also be defined as the absence of coercion or can change our minds, sometimes not. In the Odorizzi case the duress. There are gradations of meaning, but the concept, by court was correct to give Odorizzi a chance to recant, since whatever name, occupies a dominant role in virtually every sometimes people are under such pressure (for example, when area of United States law. The examples go on and on. they’re essentially being blackmailed) that it is not fair to hold them accountable for their choices. The difficulty is drawing the line between choice and coer- Contract law cion. As a descriptive matter, courts are increasingly stingy in A couple of years ago I got a home equity loan to pay off giving people an out because they felt they were unduly pres- some credit card debt. It was the thing to do at the time. In sured or mistaken. The law assumes assent in a wide range my final meeting with the banker, he had me sign the last of so-called contracts even when no genuine choice existed. signature page and asked, as required by state law, “Do you Think of this the next time you buy software only to find that sign this as your free act and deed?” He also informed me that you cannot use it unless you agree to a contract that appears if I had second thoughts, I had three days to back out of the onscreen only when you insert the disk or start the download. contract. These requirements embody the legal notion that The contract is valid and limits your rights, even though you contracts depend on consent; the validity of a contract turns could not negotiate and had no way to review the terms on whether it was entered into freely by both parties. The law when you purchased the software. validates those contracts because of the belief that a contract resulting from the assent of both parties must, by definition, make both sides better off. Otherwise, the theory goes, one or Criminal law the other would not have agreed. Within days of starting a law school criminal law course, stu- Contract law also has built-in exceptions that allow people dents read famous cases in which someone committed a crime to get out of contracts if they really had no choice. Contracts while sleepwalking, hypnotized, or suffering from mental signed under duress—if Tony Soprano has a gun to your illness. One early case from the 1800s concerns a sleepwalker head—are not valid. The law can be quite nuanced in giv- who shot a porter in a small Kentucky hotel. The accused, a ing courts the authority to look behind appearances to see if man named Fain, was sleeping in the lobby and the porter the choices made by the parties were genuine. Courts do not was trying to wake him to get him to move along. Apparently enforce contracts that are the product of fraud or lying, which without waking, Fain rose up, pulled a gun he was carrying,

16 BC Law magazine | SPRING / SUMMER 2011 and shot the porter three times. The facts sound suspicious to Greyhound bus. But it always strikes me as odd to claim that me, but the court was told that Fain had a history of sleep- someone “consented” to a search that he knew would result walking and was often violent and panicky in such condi- in many years of jail time. Clearly, the passengers felt intimi- tion. The court required the jury to be instructed that if Fain dated and pressured. As Justice David Souter said in dissent, was not aware of what he was doing, then he could not be “The police not only carry legitimate authority but also exer- responsible for it. This is still a fundamental doctrine in crimi- cise power free from immediate check, and when the atten- nal law. People who are not aware of what they are doing are tion of several officers is brought to bear on one civilian the not acting criminally: If you have not chosen your behavior, balance of immediate power is unmistakable.” He went on to you are not responsible for it. say that such a “display of power” might “overbear a normal Sometimes the law will excuse you from a crime even when person’s ability to act freely, even in the absence of explicit you did make the choice, for exam- commands.” Again, the question ple if you were under duress or becomes how much choice counts faced such a horrible situation that as choice. you can claim what the law calls a necessity defense. But the law gives you only so much leeway. Some Free speech crimes are so serious that courts will One of the fundamental doctrines not allow such an excuse. Even if of free speech is that the govern- Tony Soprano has kidnapped your ment cannot force you to speak. family and requires you to mur- During World War II, a number der Phil Leotardo in exchange for of states began requiring school their release, murder is not a crime children to begin their school day where duress gives you an “I had no by saluting the flag and reciting choice” defense. the pledge of allegiance. In West Virginia, a child who was a Jeho- Search & seizure vah’s Witness refused to say the pledge because it conflicted with Under the Constitution, police must his religious beliefs, and the school generally have a warrant based on There is not suspended him. Justice Robert probable cause before they search a person alive who has not Jackson’s opinion for the Supreme your home, office, or private pos- Court striking down the compulsory sessions. There are exceptions, and had second thoughts after pledge is among the most famous the biggest exception is that the in free speech law: “If there is any police do not need a warrant if a purchase or regretted fixed star in our constitutional con- you consent to the search. Police stellation, it is that no official, high increasingly depend on “consensual listening to that salesperson or petty, can prescribe what shall searches,” since it allows them to be orthodox in politics, nationalism, bypass the warrant and probable who said, “Wow, that religion, or other matters of opin- cause requirements. outfit looks great on you.” ion or force citizens to confess by But how voluntary does the word or act their faith therein.” search need to be in order to be Persuasion is not the same Note that if the Court had had “consensual”? The answer, accord- a different view of what choice ing to the Supreme Court, is not as coercion, and sometimes meant, the case might have come very. In one case, a bus was stopped out the other way. Justice Felix in the middle of the night, far from second thoughts are some- Frankfurter, one of the more schol- its destination. Police boarded it arly justices of the last century, and stood at the front and rear. An thing we have to live with. wrote in a dissent that no one was armed officer walked up and down forcing the child to attend public the aisle, approached two seated school. If the school wanted to passengers, and asked them to open their luggage. The offi- make the privilege of coming to school conditional on his cer stood over them, blocking their exit, and did not say they saying the pledge, that should be permitted. The child could had a right to refuse. The passengers “agreed” to have the always go to a private school instead. cops look in their bags, and as you might have guessed from The Court has been tempted by Frankfurter’s view in some the fact that we’re talking about it, they were transporting other cases. If the government gives you benefits, some cases cocaine. The Supreme Court held that this was a consensual seem to say, the government can condition those benefits on search, since the passengers had a choice—they could have your giving up certain free speech rights, since no one is forc- gotten off the bus. Your guess is as good as mine as to wheth- ing you to accept the benefits. I was involved in a case a few er the police would have actually allowed the passengers to years ago that raised this issue. Congress passed a law requir- leave. But the Court assumed they had that choice. ing universities, as a condition of receiving federal funds, to It’s hard to sympathize with guys who have several kilos allow military recruiters on campus. A number of law schools of cocaine stashed in duffel bags in the overhead rack of a (continued on page 49)

www.bc.edu/lawalumni 17 great cases

On the Take

Federal corrupt-practices proceedings targeting a foreign consortium produced the largest settlement of its kind, showcased US laws’ ever-increasing jurisdictional reach, and unveiled a Nigerian gas scheme worthy of a best-seller. Matthew Feeley ’99 was there.

guy toting an attaché case Ingersoll & Rooney is populated by plenty of doesn’t draw attention in advocacy milestones, but his role in respond- Nigeria’s capital of Abuja. ing to a six-year, joint Justice Department and The city center is dominated SEC probe remains a small personal highlight by business travelers, so a inside a remarkable legal chronicle. neatly packaged million-dol- Feeley was still serving in a clerkship at larA kickback is virtually undetectable. On the New York’s United States Court of Interna- flip side of that coin, a $500,000 payoff in tional Trade when the worm turned for his equivalent Nigerian currency requires over future client back in 2001. What was arguably 77 million in naira, which means stuffing an France’s biggest legal investigation since, well, SUV with cash and leaving the beneficiary a the Dreyfus affair concluded in part with four key. Both bribes were part of a decade-long high-profile convictions, exposing evidence corporate scheme to buy off Nigerian govern- of illegal dealings by a state-owned oil comment officials to obtain multi-billion dollar pany—Elf—during the presidency of the late gas production contracts. And it might have François Mitterrand in the 1980s and 1990s. worked, too, if a tainted exec didn’t sing like As part of the Elf scandal inquiry, Georges Pavarotti once authorities closed in. Krammer, former director of French oil and gas service company Technip, flipped to become a witness for the state and avoid criminal prosecution. But Krammer didn’t merely testify. He ran his mouth. With vigor. In so doing, Krammer alleged that a four- firm consortium (TSKJ) consisting of Technip, then-Halliburton subsidiary KBR, and two other multinational engineering and construction companies conspired to make $182 million in corrupt payments to officials associ- On the Take ated with Nigeria LNG (NLNG) between at Matt Feeley appreciates the dramatic ten- least 1995 and 2004. The largest shareholder sion of the tale. Especially so because he of NLNG at that time? The government- was counsel to one of the defendants in the owned Nigerian National Petroleum Corpo- proceedings, and one of the first American ration, which, wait for it, awarded six suc- lawyers to sit with the client after a web of cessive LNG production facility construction

v asila k is corruption began to unravel. Feeley’s path contracts to TSKJ in the same span. from an upbringing in the suburbs of Detroit The risks of funneling that kind of cash to By

anas t asia to litigation partner at Miami’s Buchanan procure business were great—even under the Chad Konecky

www.bc.edu/lawalumni 19 great cases

camouflage of two shell companies run by third parties. But ners formed a euphemistically named “cultural committee” the reward wasn’t your run-of-the-mill building gig. It was a comprising senior sales executives at each firm to craft and $6 billion engineering, procurement, and construction (EPC) carry out the bribery scheme. The SEC’s Division of Enforce- opportunity. It was business some people wanted to obtain ment Director Robert Khuzami said the committee “openly by any means necessary. discussed, approved, and memorialized” bribes. And when it all went bad, the offenders found themselves The complaint further alleged that TSKJ, incorporated grappling with the long arm of the American legal system. in Portugal, hired British lawyer Jeffrey Tessler and his Gibraltar-based company, Tri-Star Investments, Inc., paying A Bonny Idea $132 million over the course of a decade for “consulting” A rugged, river-carved atoll at the edge of a reef in the Gulf of services. The consortium also engaged and paid more than Guinea, Nigeria’s Bonny Island was the ideal location for the $50 million to a Tokyo-based trading company. Both sham nation’s LNG infrastructure. Incorporated in 1989, NLNG contracts were conduits for “offloading” or “downloading” broke ground on the plant site in 1996, reclaiming suitable the bribes, according to court documents. acreage from dense mangrove forests that extend toward Charges also alleged that top-level TSKJ corporate officers thickly wooded hills. met with executive branch officeholders in the Nigerian gov- The bidding process for the contracts to build LNG pro- ernment at critical junctures preceding the award of the EPC duction facilities there began in 1992. The stakes were high. contracts, beginning in 1995. “Systematic and substantial” The bid-winner would gain the inside track on future EPC transfers of money were paid to a range of Nigerian govern- contracts for a nation that owns one-third of Africa’s proven ment officials at varying levels, according to court documents, gas reserves. including the disbursement of $32.5 million beginning in Liquefied natural gas is a remarkable concept: a shining March of 1999, just days after TSKJ was awarded a third example of corporate ingenuity in pursuit of higher profits. EPC contract valued at $1.2 billion. The SEC’s complaint LNG is basically the same stuff that heats many American added that internal controls at one of the consortium’s firms homes every winter, only in its liquid form rather than the failed to detect or prevent the bribery, and that company vaporized version that flows into residential boilers from the records were falsified in the wake of the scheme. gas company. Much like water becomes vapor in the form of steam at 212 degrees Fahrenheit, natural gas is a vapor at its standard temperature for household use, about 60 degrees. Water any cooler than boiling, even 211-degree water, remains a liquid. Likewise, when cooled enough—in the case of LNG to minus-260 degrees—natural gas becomes a liquid. The cost benefits of the process are staggering. LNG takes up 1/600th the space of the equivalent amount of natural gas vapor. It’s also about half as light as water, weighing less than four pounds per gallon. A typical LNG tanker carries enough liquefied natural gas to heat 21,000 New England homes for a year. Carrying a cargo of natural gas vapor, the same-sized vessel could transport enough to heat only 35 New England homes. Shipping natural gas as LNG allows energy companies to affordably transport product for sale in countries like the US, where consumption is about to outdistance existing supply, from countries that house the planet’s largest gas reserves, yet possess little need. The farther away the destination, the cheaper LNG gets as a method of transport relative to tradi- tional gas pipelines. The LNG production facilities in Nigeria were built to convert raw natural gas into LNG. In a fertile marketplace where governments control access and the cost of such entry with leasing, permitting, and contract awards, the temptation for some corporate entities to grease the wheels becomes too great. TSKJ apparently did what senior executives believed necessary to secure the EPC contracts from Nigeria LNG.

And in the final analysis, the four firms seem to have done so v asila k is rather brazenly.

According to the SEC complaint, the joint venture part- anas t asia

20 BC Law magazine | SPRING / SUMMER 2011 Absent two vital puzzle pieces, the big guns of US government The DOJ’s Principal Deputy Assis- tant Attorney General Mythili Raman of the Criminal Division character- enforcement could never have concerned ized TSKJ’s conduct as “a sophisti- cated, decade-long scheme to bribe a themselves with TSKJ and its backroom wide array of Nigerian government officials in order to win and retain dealings half a world away. But just as billions of dollars in contracts.” Absent two vital puzzle pieces, the big guns of US government enforce- in any good page-turner, the bad guys ment could never have concerned themselves with TSKJ and its back- made missteps. room dealings half a world away. But just as in any good page-turner, the bad guys made missteps. First, members of the joint venture routinely made use of Even standard practices can be a hurdle. For example: the US mails and other US common carriers in holding meet- The preservation of records. In the post-Enron era, litigation ings and carrying out all matters relating to the construction hold letters are a frontline multi-media evidence-protection contracts. In addition, payments to Tessler’s slush fund were tool in the US. To a subset of FCPA defendants, they are a routed through banks in New York. completely foreign concept. Open resentment, lack of coop- Next, in August of 2001, about the time Feeley was eration, and flat denials were certainly some of the issues at completing his clerkship in Manhattan, Technip’s American play for all of the TSKJ defendants and their US-based legal Depository Shares began trading on the New York Stock representation. Exchange. Once it became an American issuer, the firm What’s more, friction aside, lawyers like Feeley still need became subject to the Foreign Corrupt Practices Act (FCPA) to advise on the issues of law. and, eventually, a target of the SEC and DOJ. Similarly, “In the TSKJ case, at the same time we were navigating the parent company of the consortium’s Dutch firm had certain cultural barriers and conducting a factual investiga- securities traded stateside since 1995 and, as an American tion to try to figure out what had happened, we were also company, KBR was automatically subject to the FCPA. analyzing from a legal standpoint the reach of the FCPA,” The joint venture’s Japanese firm, JGC Corporation, was in explains Feeley. FCPA crosshairs because it allegedly co-conspired to commit Ultimately, White & Case’s client opted to settle. A key an “act in furtherance of a bribe within US territory” via driver behind the decision was the FCPA’s defined benefit Manhattan banks. relative to fines for cooperation and self-reporting. Convinc- The noose was about to tighten, and Matt Feeley would ing FCPA defendants that US courts’ jurisdiction could apply soon find himself serving a client feeling the squeeze. in the circumstances, however, isn’t always easy. “It was really an untested area, but because so much is Mum’s the Word at stake, companies haven’t really challenged the FCPA’s Fresh off two-and-a-half years as a commercial litigation reach,” says Feeley (though he notes a pending case in Los associate at Sidley & Austin in Chicago, Feeley joined the Angeles, US v. Noriega et al, could be a game-changer). “It’s White & Case Miami office in that same capacity in 2004, expressly stated that if you cooperate and self-report, the right about the time TSKJ entities began responding in relative lenience is significant. earnest to SEC and DOJ target letters. Before long, Feeley “The alternative is the government’s ace in the hole,” he was seated across a conference table from executives of a continues. “A violator, if convicted, would potentially no foreign company who also happened to be his clients in a US longer have access to US markets or government contracts. corrupt-practices proceeding. For most companies, it’s not feasible to be excluded from “It was really an odd situation because although we were contracting with the biggest contracting body in the world.” their lawyers, they were looking at us as Americans coming As the government’s legal adversary in the case, Feeley, in to review what they’d done and, perhaps, pass judgment a former All-Ivy Honorable Mention linebacker at Dart- on them,” recalls Feeley. “In general, FCPA investigations mouth, acknowledges the tactical savvy both the SEC and can involve tremendous resistance to the notion that US law DOJ have brought to FCPA enforcement. applies to a company that really feels like it has absolutely no “As a matter of resources and manpower, the DOJ and reason to answer to the US government.” SEC really extend their reach with the lure of self-reporting, That resistance can manifest itself in the form of—to put which makes the violator’s private attorneys do the work for it mildly—non-disclosure. them and give the evidence to them on a silver platter,” he “It’s not just that it can be a quasi-adversarial relationship says. “Meanwhile, the violator gets a defined benefit from when it shouldn’t be,” he continues. “It also has an element that.” of them [a client] not wanting us to tell them what to do.” (continued on page 49)

www.bc.edu/lawalumni 21 RealityC heck

Despite the exotic locales and their best intentions, law interns discover some difficult truths about international human rights work. By Jeri Zeder

22 BC Law magazine | fall / winter 2010 RealityC heck

www.bc.edu/lawalumni 23 the assignments Imagine bringing a war criminal to justice. In the exciting new course, International Or saving a refugee from the precarious life Human Rights Semester in Practice, BC Law of the stateless. Or fighting for the rights of sent ten students for semester-long indigenous Guatemalan women. The idea of internships with human rights groups around the world. Their total- practicing human rights law seems so exciting. immersion experiences gave them insights But what is it really like? into the actual practice of human rights law, To help BC Law students find out, Professor and injected needed resources into the Daniel Kanstroom created the International organizations they served. Here’s who they Human Rights Semester in Practice. The course are, and where they went: is divided into two semesters. The inaugural • Esther Adetunji ’11, Lawyers for Human class of ten students spent last fall on campus Rights, Pretoria, South Africa preparing for their internships in an intensive • Lisa Andre ’11, Government Post- human rights law seminar. They spent the Deportation Program, the Azores spring semester at human rights organizations • Martin de los Angeles ’11, Inter- around the world; Kanstroom’s wide network in national Bridges to Justice, Beijing, China the international human rights community was • Yliana Johansen ’11, Mujeres Transformando el Mundo, Guatemala an asset in helping students to land positions. • Benjamin Manchak ’11, While away, the students provided legal services, observed the activities of International Criminal Tribunal for the Former their NGOs, and completed a research paper for course credit. Most of all, Yugoslavia, The Hague, they encountered the intellectual, social, cultural, and emotional challenges of Netherlands human rights work. Their internships were as close as Boston and Washing- • Kathryn McHugh ’11, International Criminal ton, DC, and as far away as China. Kanstroom, who directs BC Law’s Human Tribunal for the Former Rights Program, called this pilot year an experiment. “It’s part of the Law Yugoslavia, The Hague, Netherlands School’s ongoing work to build a strong human rights curriculum,” he said. • Love Obasaju ’11, He’s so pleased with the outcome that he’s offering the course again next year. Jesuit Refugee Service, Kanstroom kept up with his students by reading their weekly email jour- Washington, DC • Lisa Owens ’12, nals and checking in regularly with their supervisors. “I have been so moved United Nations High by reading the student journals because they really demonstrate to me how Commissioner for Refugees, Washington, immersion in real world human rights issues powerfully affects law students,” DC. he says. The journals are case studies in how justice depends on the absence of • Corey Sullivan ’12, corruption, on the presence of adequate staff and resources, and on a society’s Institute for Justice and Democracy in Haiti, acceptance of human rights norms—conditions that are far from given. “We Boston, and Port-au- can’t sugar-coat the reality of the world for our students,” Kanstroom says. Prince, Haiti “They are going to be leaders and they have to learn to navigate these waters. • Ashley Werner ’11, Centre of Investigation That’s what the human rights enterprise is: a core of energy and optimism and Legal Assessment struggling against a history of evidence to the contrary.” of Human Rights (IALDI), Lima, Peru BC Law Magazine followed four of the first enrollees. Here are their stories.

24 “ There was the Somali woman, engaged to a South African man, who, when she tried to get documentation to get married, was told she needed documents from her embassy verifying she is not already married to someone back in Somalia. Problem here being, as a refugee she cannot approach her embassy for any reason. Not to mention the fact that Somalia doesn’t have a government right now.” —Esther Adetunji ’11

“Another woman told me she’d been sleeping on the street for the past three nights. She had no money, food, or any means of taking the pills she received from the doctor. I spent over two hours with her just trying to figure out what I could do for her. She was the last client I saw that day, and I was completely drained from the experience. I went home and just stared at the television for an hour or so.” —Esther Adetunji ’11

Adetunji experienced first-hand the Catch-22 that often char- acterizes human rights advocacy work. An example: Refugees whose applications for permanent residency are rejected have a right to appeal. But there is a moratorium on appeals because of a backlog of cases. The moratorium could last years. “In the mean- time,” Adetunji wrote in her journal, “all asylum seekers at this Esther Adetunji stage will just have to keep going back every three to six months lawyers for human rights, to renew their permits. It’s an imperfect system and most of our pretoria, south sfrica clients are just frustrated and weary of being in this limbo stage of here’s the pregnant woman who fled her home in the waiting and waiting.” Democratic Republic of Congo when rebels threat- Another example: A Rwandan family, permanent residents, ened her life if she did not turn in her husband, who were denied South African identification cards because officials was hiding from them. There’s the woman from would not accept their sworn affidavits, taken by police, as proof Ethiopia, who, homeless, has survived rapes and of dates of birth and marriage. They were told to get validating beatings on the streets of South Africa, the country documents from the Rwandan embassy—something that, as refu- sheT hopes will grant her asylum. There’s the elderly Somali man gees, they cannot do. It fell to Adetunji to intervene among the whose life on the streets of Pretoria is so miserable—local thugs bureaucrats and to draft documents that will meet their criteria. steal from him and urinate on him regularly—that he is actually Adetunji summed up her dismay and frustration in this candid trying to return to terrorist-infested Somalia. passage from her sixth weekly report to Professor Kanstroom. “I These are just three of the many refugees and asylum-seekers still want to do public interest and human rights work; I just need Esther Adetunji counseled and represented during her internship to reconceptualize my priorities and figure out what I can and can- with Lawyers for Human Rights in Pretoria, South Africa. Her not do. I am growing weary of the constant setbacks and failures clients came from tough places like Rwanda, Burundi, Zimbabwe, not due to my own doing, but to the inefficiency, lack of funding, Ethiopia, and Eritrea. They survived extreme violence, cruelty, and extraneous confounding factors that come into play. My big- and hardship not only in their homelands, but sometimes also in gest challenge here is myself and my expectations. Things are not as South Africa, where they came for refuge. easy or as manageable as I thought and hoped.”

www.bc.edu/lawalumni 25 “I have to admit that the more time I spend here, I start questioning the ways in which the reintegration program is run. The deportees are integrated into the same program as recovering drug addicts. While sometimes the deportees themselves are drug abusers when they arrive, I feel like their problems are only magnified by their surround- ings upon arrival.” —Lisa Andre ’11

and rape and child molestation; and (3) they were being deported to a small country with limited resources for preventing them from falling back to crime. “I inquired about what happens when these people, who in the US would be forced to register as sex offenders, arrive on the island,” Andre wrote in her journal. “Since their criminal record does not follow them, these deportees are basically given the opportunity to start with a clean slate….I find it disturb- ing that the US is deporting sex offenders en masse to small areas that are really incapable of dealing with these types of crimes.” The Ponta Delgada region of the Azores has a population of only 60,000 and must integrate a growing number of deportees each year, most of whom have known no other home than the US. She greeted one arriving deportee at the airport for an organization which runs transition homes and programs for deportees. “This man arrived wearing his prison sweats, carrying only a plastic bag with what looked like a few pairs of socks and underwear, and a legal file folder with some documents he thought might be useful,” Andre wrote in her journal. “He was deported after serving a three-year sentence for cocaine trafficking, but he told me that he was going to take this as an opportunity to turn his life around….I hope he is able to do this and that he does not get wrapped up in “ One deportee started doing the drug culture that most deportees seem to fall into here.” The international link to criminality that Andre describes, heroin at age eleven because his uncle injected where legal immigrants succumb to that life in the US, and then it for him and he got hooked immediately.” the US unloads them and their problems on the Azores, was some- —Lisa Andre ’11 thing Andre discussed with the governmental and nonprofit directors she encountered during her internship. She discerned that the Portuguese community in the US perceived the problem and its solutions very differently from the socialist-leaning community in the Azores: “There seems to be a sense [in the Azores] that society, Lisa Andre not the individuals themselves, is responsible for the existence direcção das communidades, of homelessness, drug abuse, etc., and therefore places a huge the azores emphasis on social welfare programs….That’s interesting to me irecção das Communidades is an office of the because the Portuguese community in the US, despite its attempts Azores regional government that works to reinte- to avoid assimilation, has embraced the American individualist grate citizens who have emigrated to the US and point of view,” Andre wrote. “To this end, we also discussed at then been deported back to the Azores. At her length the problems within the Portuguese communities in the US human rights internship there, Lisa Andre discov- that have contributed to such a high number of criminal deporta- ered that the deportees tend to have several things tions, lack of political power and community organization being Din common: (1) they came to the US as very young children and so the primary issues.” With that, Andre identified a not-uncommon are culturally American and speak English with little or no Portu- human rights issue that affects immigrants: being caught between guese; (2) they were legal permanent residents of the US who com- nations that lack the commitment, the resources, or both, to help mitted crimes, some as serious as heroin and cocaine distribution, them achieve productive, stable lives.

26 BC Law magazine | SPRING / SUMMER 2011 “ There is a constant awareness of the danger, effects of the internal armed conflict, political corruption, and impu- nity. People generally don’t go out at night. They are careful where they walk. They are careful about which cabs they take. Some people are hesitant to take public transportation since local buses are often targets for robberies. So I have had to adopt a certain amount of paranoia.” —Yliana Johansen ’11

“Every trip to San Marcos is not only more time, but more expensive for the victims who can’t afford to keep skip- ping work and paying for their transportation to San Marcos every two weeks.” —Yliana Johansen ’11, reflecting on how the inefficiency of the judicial system in Guatemala affects litigants.

lying. When a woman has been killed, the official autopsy does not automatically include a full test to see if she was also raped. Even when that test is administered, it is incomplete because it usually only includes a test to see if the hymen is broken and whether it was recent or whether she was already sexually active prior to her death.” Johansen saw some of this corruption firsthand when, in March, she and her colleagues met a potential new client: a fifteen- year-old girl with a six-month-old baby conceived through rape. The alleged rapist is a well-respected, well-connected attorney in the community. When the girl and her mother filed charges Yliana Johansen against him, someone in the police or prosecutor’s office tipped • mujeres transformando el mundo, guatemala him off, and he fled. In contravention of the law, the judge pres- • post-deportation human rights project, sured the victim to negotiate with the alleged rapist’s family. On zacualpa, guatemala top of everything, MTM’s employees strongly suspect that the TM is a small organization in Guatemala con- fugitive is connected to a human trafficking ring—which would sisting of three lawyers plus an office manager make this case very dangerous for MTM and the family if he is and administrative assistant. Yliana Johan- eventually found. “It seems clear that getting cooperation from sen assisted them this spring by conducting local officials will be nearly impossible,” Johansen wrote. “The legal research, attending court hearings as an case will probably have to be transferred somewhere else, in order observer, and offering emotional support to to have a chance at a fair trial.” Mclients. She also spent time working at the Guatemalan branch of Johansen also attended an MTM workshop exploring femi- BC’s Post-Deportation Human Rights Program. nism, discrimination, and sexism. She observed, “I quickly learned MTM’s work on behalf of Guatemalan women is stymied by that to say one is ‘feminist’ is very taboo in Guatemala. Most of institutional inadequacies and corruption, and by attitudes, held the women did not want to identify themselves as feminist when by both men and women, that permeate society. “It is interest- the workshop started. They said that feminists were women who ing to see that Guatemala has a lot of laws in place to protect thought they were better than men, cause the breakdown of women and has signed on to international human rights treaties,” families, and therefore of society.” Is change possible? “When the Johansen wrote in her journal, “but the problems arise mostly in facilitator began to ask how they felt about women’s rights and areas of enforcement. For instance, when a victim of rape makes put that within the context of feminism, it seemed like they soft- a report, the presumption during police interviews is that she is ened their position a bit,” Johansen reflected.

www.bc.edu/lawalumni 27 “From the outset, I was very excited but also felt a deep sense of unfamiliarity. Though I often traveled and had lived abroad in the past, this would be the first time I would be living in a place where I had no working knowledge of the language.” —Martin de los Angeles ’11

particularly interesting,” Angeles recorded in his journal, “because it showed me the importance of communicating with our local partners, as well as the need to understand the differences—both criminal and professional—in the way that certain matters are approached.” IBJ also put Angeles to work on its projects examining access to legal counsel in China, Cambodia, Vietnam, India, Indonesia, Malaysia, and the Philippines. The organization sent him to the Philippines, where he researched the effectiveness of IBJ programs that offer paralegal training to farmers and prison inmates. Ange- les wrote in his weekly journal, “I expect that this work will allow me to develop a stronger foundation of the criminal legal systems and legal mechanisms of these countries and recognize any important differences they may have from the US system.” When Angeles turned his attention to Vietnam, he reflected, “It was interesting to learn how [Vietnam’s] legal system has undergone so many transformations since the country’s transition from a centralized command economy to a market-based system. For example, it was only in 1992 that the Vietnamese government revised its constitution to formally recognize private ownership of Martin de los Angeles property as well as human rights in the political, civic, economic, international bridges to justice, cultural, and social fields….Prior to this point, equality before the beijing, china law, participation rights, children’s rights, freedom of speech and arly in April, International Bridges to Justice ran this assembly, freedom of religion, and access to a fair trial were rights headline on the homepage of its website: “IBJ Publishes that were not openly available to Vietnamese citizens.” Juvenile Training Manual for China.” The byline? In his memorandum to IBJ on India, Angeles documented the Martin de los Angeles ’11, who was stationed at IBJ’s plight of that country’s pretrial detainees, who are often denied offices in Beijing. IBJ is a State Department-funded swift justice and subjected to torture while in police custody. On NGO focused on human rights in developing countries. paper, Angeles said, India’s laws protect the rights of criminal E The training manual is part of a project to reform the juvenile defendants. In practice, however, “India’s current legal framework justice system in China by improving the practice skills of criminal remains disorganized and fragmented,” he wrote to Kanstroom. defense lawyers there. The trainings, distributed by DVD, cover One of Angeles’s greatest challenges was being in a country the basics of criminal legal practice and culminate in a Chinese- where he didn’t know the language. He was determined not to language, online test. Those who pass receive a certificate in “Pre- let that hold him back; he made a point of enrolling in Mandarin liminary Legal Skills.” Lawyers can advance their skills through lessons in Beijing. “I am starting to be able to communicate in additional trainings. Chinese on a very basic level,” he reported. “I remain pleasantly At a workshop held at a Beijing law firm where criminal surprised with how helpful and friendly people have been here law issues were discussed, Angeles was privy to feedback on the despite my language difficulties.” Training Manual offered by Chinese attorneys. Some thought that it was biased in favor of Western legal ideas. “I found this Jeri Zeder is a contributing writer to this magazine.

28 BC Law magazine | SPRING / SUMMER 2011 Launched! BC Law Commencement 2011

Commencement speaker the Hon. Roderick L. Ireland, chief justice of the Massachusetts Supreme Judicial Court suzi camara t a

www.bc.edu/lawalumni 29 [ E s q uire ] al u m n i n ew s & cla s s n o t e s

Film Explores Value of 9/11 Fund

Alumna featured for her victim advocacy

leven days after the terrorist attacks of 2001, the federal government put E into place the largest public entitle- ment program in history. Through the Sep- tember 11th Victim Compensation Fund, $7 billion dollars was distributed to more than 5,500 families. The story of seven of those families is told in Out of the Ashes: 9/11, a film co- produced and co-directed by Marilyn Berg- er of the Seattle University School of Law that features Debra Brown Steinberg ’79. They came to BC Law in February to screen the film at the invitation of the Center for Human Rights and the Owen M. Kupfer- schmidt Holocaust/Human Rights Project. Steinberg, a partner at Cadwalader, Wickersham & Taft, developed a holistic model for pro bono services, drafted state The film explains how the fund was created and implemented, portraying both its strengths and its weaknesses. and federal legislation, and worked with the Department of Homeland Security to develop a program of humanitarian parole, deferred action, and work authorization to eligible noncitizen spouses and children of 9/11 victims. She was accompanied by one of her clients, Ana Soria, spouse of Luis Chimbo, an undocumented worker who was working at Windows on the World in the North Tower on 9/11. The film explains how the fund was created and implemented, portraying both its strengths and its weaknesses with exclusive interviews with the special master of the fund, Kenneth Feinberg, the lawyers who helped families navigate the system, and the 9/11 families. It also raises difficult questions. among them about whether the fund undermined our legal system. To see a trailer of the film, visit www.

ou t o fth eas h es911.com outoftheashes911.com.

30 BC Law magazine | SPRING / SUMMER 2011 scholarshi p d inner [ E s q uire ]

B o o K S HEL F

THE HELLHOUND OF WALL tale from the past,” The STREET: How Ferdinand Hellhound of Wall Street is Pecora’s Investigation of both a gripping courtroom the Great Crash Forever drama and a timely remind- Changed American Finance er that the people’s repre- (The Penguin Press, New sentatives can and should York, 2010) by Michael hold financial malefactors Perino ’88. to account. A bank sells worthless bonds to investors without fully dis- THE DAY JOB (The Troy closing their risks, manipu- Book Makers, Troy, NY, lates its own stock price and 2010) by Tim O’Leary ’69. the stock prices of other com- In his first novel, Tim panies, and lavishly compen- O’Leary ’69 mines his sates its executives as the checkered past as a state country plunges into depression. The bank representative indicted for embezzlement was National City Bank (the precursor in 1992 and sentenced to serve one year to Citigroup), the period in question, the at the Billerica House of Correction. His years leading up to the great Wall Street amiable protagonist Connor McNeill, not crash of 1929. The contemporary reso- coincidentally a disgraced state representa- nances are deafening in Perino’s account of tive and disbarred lawyer newly released the 1933 Senate hearings that called Wall from jail, is hired to dig dirt on the Gov- Street to account, under the leadership of ernor of Massachusetts during a politi- chief counsel Ferdinand Pecora. cal campaign. The Beacon Hill setting is A former Wall Street litigator, now drawn with an insider’s eye, and the smells the Dean George W. Matheson Professor of bad coffee and greasy doughnuts rise of Law at St. John’s University, Perino from the pages as McNeill unearths toxic has combed hearing transcripts, commit- secrets in the Boston State House. tee minutes, Stock Exchange investigation files, the personal papers of President ALSO NEW AND NOTEWORTHY Franklin D. Roosevelt, and Pecora’s own Royal Gardner ’88, a professor at Stetson reminiscences, among other sources, to University College of Law, has written reconstruct the ten dramatic days in Feb- Lawyers, Swamps, and Money: US Wet- ruary 1933 during which Pecora single- land Law, Policy, and Politics (Island handedly revived the limping investigation. Press, 2011), a guide to the complex set of Pecora, a Sicilian immigrant and former laws governing these critical natural areas. assistant district attorney from New York With clarity and humor, the book explains City, was an unlikely champion to oppose the importance of America’s wetlands “the demigods of Wall Street.” But his rig- and the threats they face, and examines orous cross-examination of the officers of the evolution of federal law, principally National City Bank, particularly its chair- the Clean Water Act, designed to protect man Charles Mitchell, revealed shocking them....Richard M. Gelb ’73 and Daniel financial abuses, and the commission he K. Gelb ’03 of Gelb & Gelb LLP in Bos- spearheaded ended Washington’s hands- ton co-authored “A Guide to Electronic off approach to the stock market and led Discovery and Evidence” in The Compre- directly to the creation of the US Securities hensive Guide to Lost Profits Damages for and Exchange Commission (SEC) and Experts and Attorneys (Business Valuation other financial reforms. Resources, 2010). “In terms of rapt public attention, eco- —Jane Whitehead nomic impact, and long-lasting legislative Attendees at the Scholarship Dinner on May 6, top to accomplishments, Pecora’s investigation bottom: David C. Weinstein ’75, Vera Zavin ’13, Jeffrey must rank as the most successful inquiry Glick ’11, and Benjamin Greenberg ’11. Meagan Durigan in the more than 200-year history of con- ’13, Ray Mancini, and Katherine Connolly ’11. Kate gressional probes,” writes Perino. Praised Billman-Golemme ’11, James A. Champy ’68, and James Diaz ’12. Danielle Salvucci Black ’96, Fred Salvucci, Jorge by reviewers as “a penetrating Wall Street Gaitan ’11, Carla A. Salvucci ’03, and Rose Salvucci.

morality tale,” and “a vital cautionary Christopher C. Mansfield ’75 and David Mawhinney ’11. suzi camara t a

www.bc.edu/lawalumni 31 law[ E s dqayuire 2 0] 1 1

1 2

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32 BC Law magazine | fall / winter 2010

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law day awards Development Office Is Centralized A crowd of more than 250 gathered at the Seaport Hotel in Boston on April 26 to Overseers told of benefits to alumni relations, fundraising honor eight alumni for their service to the Law School and the legal community. Eve- he BC Law Board of Overseers The concern some overseers expressed lynne L. Swagerty ’84 and Mark J. Warner convened for its spring meeting on at the May meeting was that the depth ’89 bestowed the following awards: TMay 7 and devoted the bulk of its of that relationship remain intact, even as • The St. Thomas More Award on Mary K. time to a Boston College decision to realign economies of scale are attempted. “One Ryan ’77 of Nutter McClennen & Fish. the Law School’s Office of Institutional size does not fit all,” cautioned John Bron- Advancement (OIA) and bring it under zo ’74 of the need to continue to honor the • The William J. Kenealy, SJ, Alumnus of the supervision of University Advance- special nature of the kinship between the the Year Award on John F. Bronzo ’74 of ment (UA). The centralization changes the Law School and its alumni. Pfizer, Inc. reporting structure and the staffing of Law Board Chairman David Weinstein ’75 • Hon. David S. Nelson Public Interest Law School alumni relations and fundraising offered assurances to his colleagues, say- Award on ileta A. Sumner ’90 of the San operations. ing that after reviewing the plan he’d Antonio, Texas, Family Violence Preven- BC Provost Bert Garza told the over- concluded that “the functional integration tion Services and Francis M. O’Boy ’64 of seers that the change was prompted by the makes good operating sense,” especially the Law Offices of Francis M. O’Boy. increasingly important role that philan- the ability to better share communications, thropy plays in financing the Law School technology, and other office functions. He • The Recent Graduate Award on Michelle and the University. Boston College, he said he believed it would enable the Law B. Limaj ’07 of Foley Hoag. said, “is no longer able to raise tuition School to take advantage of the Univer- Chapter awards were presented to: ahead of the Consumer Price Index and, sity’s greater resources while preserving its therefore, we must significantly increase own unique character and identity. • Patricia K. Rocha ’82 of Adler Pollock & voluntary private support.” He predicted “University Advancement recognizes Sheehan, Rhode Island Chapter. that centralizing the Office of Institutional the power of these relationships and seeks • Molly Agarwal ’06 of Miller Law Group Advancement will result in greater efficien- to preserve and strengthen those bonds,” and Judy Liao ’05 of Maranga Morgen- cies and expanded resources. said UA Senior Vice President James Hus- stern, both of the Northern California For the past several decades, since the son, who along with Vice President for Chapter. deanship of Daniel Coquillette, the Law Development Thomas Lockerby, spoke at School has been responsible for the culti- the meeting. Proceeds from the event are donated to vation, solicitation, and stewardship of its Lockerby listed additional benefits of the Law School Fund in support of the alumni, parents, and friends. University centralization, among them expanding Francis X. Bellotti Loan Repayment and Advancement provided back-office func- contact with alumni in the regions and Forgiveness Program. tions, such as gift processing, and expertise increasing exposure to non-law alumni in planned giving as the ranks of legacy who may be moved to support the Law

1) J. J. Meng ’01 and Professor Judy McMorrow. 2) donors grew. However, donor relations School once familiarized with its agenda. Colin Coleman ’87 and Hon. Wilbur Edwards ’84. 3) involving the education and engagement In other business, the board heard from ileta A. Sumner ’90 and son Joshua Sumner, Sean of alumni, parents, and friends remained overseer Paul Dacier on the Law School’s Going, and Lisa Going. 4) Rev. Frederick M. Enman Jr. the purview of the Law School. In recent June 22 Directors Intensive Program on ’78, Marian T. Ryan ’79, and Rosemary Daly ’87. 5) Mary Welby ’51. 6) Evelynne L. Swagerty ’84, Michelle years, donors with high capacity and grow- Corporate Governance that he was instru- B. Limaj ’07, Professor James Repetti ’80, Mary K. Ryan ing inclination became more intricately mental in planning, and listened to a pre- ’77, Mark J. Warner ’89, Patricia K. Rocha ’82, John F. involved in the planning of the Law School sentation by Professor Daniel Lyons on the Bronzo ’74, ilea A. Sumner ’90, and Francis M. O’Boy ’64. 7) Kevin Byrne ’64 and James R. Skahan Jr. ’64. and their giving was moving from transac- recently enacted FCC regulations govern- tional to transformational because of that ing “net neutrality.” close personal relationship with BC Law. —Vicki Sanders

overheard “You can be in favor of good management and not be anti-worker. But managers have to be given the tools to manage well. So let’s go back to the classic topics of bargaining—wages, hours, and working conditions—and reserve to management the means of running the organization.” —Daniel B. Winslow ’83, Republican state senator from Norfolk and former chief legal counsel to Governor Mitt Romney, talking to the Boston Globe in March during the national firestorm over public-employee unions’ bargaining rights. j acob silberberg ’12

www.bc.edu/lawalumni 33 [ F acult y ] GAU TH IER C H ARLES BC Law Generations r Jane Tobin Lundregan ’67 (foreground) and William J. Lundregan ’67 (right)

with their son William J. Lundregan ’96 (far left), son-in-law Andrew M. Oatway ’92,

and daughter Catherine Lundregan Oatway ’93

34 BC Law magazine | fall / winter 2010 [ E s q uire ] Class Notes

Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news president of the Town Council and photos. Send submis- in East Greenwich, RI. He is an sions to BC Law Magazine, attorney in private practice in 885 Centre St., Newton, MA Rhode Island. Paying Back a Kindness 02459-1163, or email to sand- [email protected]. Joan A. Lukey ’74 was ap- Eskridge ’05 surprises Oprah on her show pointed by Massachusetts REUNION Senator John Kerry to head a hen Robert Eskridge Columbus Dispatch in Ohio, 1960s [ ’61 & ’66 ] federal judicial selection com- III ’05 faced the where he is an assistant mittee to screen candidates for Wprospect of having attorney general, “Ms. Win- federal court judgeship vacan- Alan S. Goldberg ’67 is an to drop out of Morehouse frey’s act of generosity is the cies in Springfield and Worces- adjunct faculty member at ter, MA. She is a partner in the College in Atlanta after his single most generous thing American University Washing- litigation department at Ropes freshman year because he anyone has done for me in ton College of Law in Wash- & Gray LLP in Boston. couldn’t afford the annual my life, other than my moth- ington, DC, and George Mason $40,000 cost, Oprah Win- er raising me by herself.” University School of Law in Arlington, VA. In addition, he Regina Snow Mandl ’74 was frey came to the rescue with Eskridge also won a is vice chairman of the Health elected trustee-at-large of a full scholarship. scholarship to BC Law and Law Section of the Virginia Bar the American Inns of Court When Winfrey was tap- after graduation interned Association and the Technol- Foundation in Alexandria, VA, ing her next-to-last show in for the United Nations and serves on its Mentoring ogy Committee of the Virginia Chicago in May, Eskridge in the Hague before join- State Bar. Committee. She is a partner at Smith & Duggan LLP in was among 400 “Oprah ing the Ohio firm Porter Boston and Lincoln, MA, and Scholars” from Morehouse, Wright Morris & Arthur. Timothy F. O’Leary ’69 is the specializes in family law, estate a school for black men, who He has worked in the Ohio author of The Day Job, a polit- planning, and administration. surprised her on the set. Attorney General’s office ical thriller set in Boston, published by Troy Book Makers in As Eskridge told the since 2007. Paul B. Smyth ’74 is of counsel 2010. He is the deputy director in the environment, energy, and of the Massachusetts Associa- natural resources practice in tion for Mental Health. the Washington, DC, office of of National Grid, an electric & Dewey LLP. and gas utility that serves sev- REUNION Perkins Coie LLP. 1970s [ ’71 & ’76 ] eral northeastern states and is David W. Zizik ’79, manag- William D. Kirchick ’76 was based in Waltham, MA. ing attorney of Zizik, Pow- elected to the Board of Direc- ers, O’Connell, Spaulding & Hon. Paul S. Waickowski ’72 tors of the National Asso- Robert M. Steeg ’78, manag- Lamontagne PC in Westwood, joined his son as a partner in ciation of Estate Planners and ing partner at Steeg Law Firm MA, has been elected vice the Law Office of Robert P. Councils. He is a partner in LLC in New Orleans, LA, was president of the Association of Waickowski in Nantucket, MA. the Boston office of Bingham appointed by Mayor Mitch Defense Trial Attorneys for the He retired in 2010 as presid- McCutchen LLP and focuses Landrieu to the Tax Fairness 2011-2012 term. ing justice of the Westborough on estates, trusts, and business Commission established to rec- District Court in Worcester succession planning. ommend changes in policies or REUNION (MA) County. laws to create a more equitable 1980s [ ’81 & ’86 ] Hon. Margaret R. Hinkle system of taxation for New Richard M. Gelb ’73 is co- ’77, a retired Massachusetts Orleans. Gary B. O’Connor ’80 has author with Daniel K. Gelb ’03 Superior Court judge, joined joined Pullman & Comley LLC of “A Guide to Electronic Dis- JAMS in Boston as an arbi- Bruce R. Fox ’79 is general in Hartford and Waterbury, covery and Evidence” in The trator, mediator, and special counsel at Main Street America CT, as partner. His practice Comprehensive Guide to Lost master for disputes in the areas Group in Jacksonville, FL. focuses on environmental, real Profits Damages for Experts of accounting/finance, bank- estate, and development and Attorneys published by ing, business/commercial, class Lauren Stiller Rikleen ’79 was matters. Business Valuation Resources action, insurance, intellectual named executive in residence in 2010. He is a partner and property, professional liability, at the Center for Work and Hon. Robert N. Scola Jr. ’80 co-founder of Gelb & Gelb and securities. Family at Boston College’s Car- was nominated on May 4 by LLP in Boston. roll School of Management in President Barack Obama to the Peter G. Flynn ’78 was ap- December. She was formerly a United States District Court Michael B. Isaacs ’74 was pointed president of the feder- senior partner in the Framing- for the Southern District of re-elected for a fourth term as ally regulated utility businesses ham, MA, office of Bowditch Florida. Scola currently serves

www.bc.edu/lawalumni 35 [ E s q uire ] as a judge on Florida’s Eleventh board of directors. He was Judicial Circuit, where he has previously vice president in the presided over criminal, civil, Financial Performance Manage- and family law matters since ment Business Unit at IBM. Just Causes 1995. Dean Papademetriou ’87 was Sood’s pro bono service recognized William F. Grieco ’81 was ap- selected to participate in the pointed to the Board of Direc- Boston–Haifa Leadership Ex- riya Sood ’10 had nolly Most Valuable Partner tors of Echo Therapeutics, a change, an intercultural pro- barely finished taking Award. The award is named medical device and specialty gram sponsored by the Jewish the bar exam when she for a BC Law alumna. pharmaceutical company. He is Community Relations Council P began volunteering three or “Volunteering has been a managing director of Arcadia and the Boston Center for more days per week with the two-way street for me,” says Strategies LLC in Natick, MA. Community and Justice. Senior Partners for Justice Sood. “Not only do I help Christopher R. Vaccaro ’84 Mildred Quinones-Holmes Volunteer Lawyers Project in clients with their legal woes, was elected chairman of ’87 is a partner and a member Boston. In any given week, but being a newly admit- the Board of Directors of of the commercial and public you could find her at guard- ted attorney I get to take Bridgewell, a nonprofit based finance group in the New York, ianship clinics in Cambridge on interesting cases, receive in Lynnfield, MA, that provides NY, office of Thompson Hine and Boston, at the Fair Debt training and mentorship housing, transportation, treat- LLP. She was formerly man- Collection Lawyer of the Day from senior lawyers, interact ment, and other services to aging counsel for the global at the Boston Medical Cen- with and represent clients, disabled individuals. agency and trust business of ter, and at the Suffolk Fam- and be challenged everyday the Bank of New York. ily Law Limited Assistance in every way.” Paul E. Bouton ’85 was named to the leadership team at Nixon Frederick S. Lane ’88, an au- Representation Courtroom In addition to making Peabody LLP. He is a partner thor, attorney, expert witness, Lawyer for the Day. Between numerous professional con- and head of the regulatory and and lecturer based in Burling- projects, Sood took pro bono nections, Sood says, “I have real estate department in the ton, VT, was interviewed on unemployment insurance gained so many valuable firm’s Boston office. a CBS News Sunday Morning and guardianship cases. skills in such a short time program on the history of pri- Sood was honored in and every day I come home, Kevin C. Cain ’87 was one of vacy in America. He presented March by Senior Partners it makes me that much more four BC Law alumni who won “Integrating Cyberbullying for Justice, which bestowed grateful that I am actually summary judgment and the Prevention within a Compre- on her the Mary M. Con- helping someone else.” plaintiff’s subsequent appeal of hensive All-Hazards School that summary judgment in the Crisis Plan” and “There’s No case of William White et al. v. Such Thing as Safe ‘Sext’” at R.M. Packer Co., Inc., et al. the National School Boards As- president of Legal and Business He is a partner at Boston-based sociation 2011 Annual Confer- Affairs at National Amuse- REUNION ’91 & ’96 Peabody & Arnold LLP. ence in San Francisco. ments, the parent company of 1990s [ ] CBS and Viacom, in Norwood, Andrew J. Fay ’87 is a partner Michael A. Perino ’88 is the MA. Kelly Wilkins MacHenry ’91 is in the Boston office of LeClair- author of The Hellhound of a partner in the Phoenix, AZ, Ryan and focuses his practice Wall Street: How Ferdinand William P. Fuller ’89 is a part- office of Snell & Wilmer LLP, on the representation of clients Pecora’s Investigation of the ner in the estate planning and where she represents clients in in civil litigation and other Great Crash Forever Changed administration practice in the product liability, financial ser- disputes. American Finance published by San Francisco, CA, office of vices, and business litigation. Penguin Press in 2010. He is Hanson Bridgett LLP. He was Brian A. O’Connell ’87 was the Dean George W. Matheson formerly with Howard, Rice, Megan E. Carroll ’92 is a mem- one of four BC Law alumni Professor of Law at St. John’s Nemerovski, Canady, Falk & ber of the Board of Directors of who won summary judgment University School of Law in Rabkin PC in San Francisco. the Arts and Business Council and the plaintiff’s subsequent Jamaica, NY. of Greater Boston. appeal of that summary judg- Gary J. Oberstein ’89 is man- ment in the case of William Kimberly A. Rozak ’88 was aging partner in the Boston of- Scott Toomey ’92 was named White et al. v. R.M. Packer recognized by Massachusetts fice of Nixon Peabody LLP and managing partner of the Co., Inc., et al. He is a partner Lawyers Weekly as one of focuses his practice on labor new Pennsylvania office of at Zizik, Powers, O’Connell, the “Top Women of Law” for and employment law. Littleton Joyce Ughetta Park & Spaulding & Lamontagne PC 2010. She is a partner and Kelly LLP. He was previously in Westwood, MA. chair of the labor, employment, Kevin J. Simard ’89 is a partner a shareholder with Campbell and employee benefits group at and a member of the finance Campbell Edwards & Conroy Michael A. Morrison ’87 is Mirick, O’Connell, DeMallie and restructuring group at PC. president and chief executive & Lougee LLP in Worcester, Choate, Hall & Stewart LLP officer of Datawatch Corpora- MA. in Boston. He was formerly a John D. Casais ’94 is a partner tion in Chelmsford, MA, and partner in the Boston office of and a member of the bank- a member of the corporation’s Shawn M. Sullivan ’88 is vice Riemer & Braunstein. ing and finance practice in the

36 BC Law magazine | SPRING / SUMMER 2011 [ E s q uire ]

Boston office of Jones Day. representing his constituency in Peabody LLP in Boston. insurance denials, bad faith He was previously a partner Kalaki County for the period insurance denials, personal at Edwards, Angell, Palmer & of five years that began in May. Richard W. Paterniti ’99 was injury, business and personal Dodge LLP in Boston. one of four BC Law alumni contracts, and tenant represen- Fernando M. Pinguelo ’97 who won summary judgment tation. William J. Fidurko ’94 was one spoke at a panel discussion, and the plaintiff’s subsequent of four BC Law alumni who “Virtual Crimes–Real Dam- appeal of that summary judg- Christopher M. Morrison ’01 won summary judgment and ages: Challenges Posed by Cy- ment in the case of William is a partner in the Boston office the plaintiff’s subsequent ap- bercrimes in the US and Efforts White et al. v. R.M. Packer of Jones Day and concentrates peal of that summary judgment to Combat Cybercriminals,” Co., Inc., et al. He is a partner his practice in intellectual in the case of William White hosted by the Virginia Journal in the Boston office of Cooley, property litigation and general et al. v. R.M. Packer Co., Inc., of Law and Technology at the Manion, Jones LLP. business litigation. He is also et al. He is a partner at Zizik, University of Virginia School of co-chair of the Business Litiga- Powers, O’Connell, Spaulding Law in March. He is a partner REUNION tion and Antitrust Committee & Lamontagne PC in West- and co-chair of the response to 2000s [ ’01 & ’06 ] of the Boston Bar Association. wood, MA. electronic discovery and information group in the Bridge- Gregory S. Oakes ’00 an- Cameron A. Myler ’01 was a Rebecca A. Matthews ’94 is a water, NJ, office of Norris, nounced his candidacy for featured artist at the Cultural partner and a member of the McLaughlin & Marcus PA. district attorney in the Oswego Art Gallery at the Art of the corporate and health care de- County (NY) District Attor- Olympians Center for Excel- partments in the New Haven, David M. Shamberger ’98 is a ney’s Office, where he currently lence in Fort Myers, FL, for her CT, office of Wiggin and Dana partner in the Boston office of serves as the first assistant photography collection Shutter LLP. Burns & Levinson LLP, where district attorney. Speed. She is an associate in he is a member of the corpo- the New York, NY, office of Heather S. Bradley ’95 was rate, finance, life sciences, and Brandon L. Bigelow ’01 is a Frankfurt, Kurnit, Klein & Selz confirmed as associate justice securities groups. He was previ- partner in the Boston office of PC and focuses on intellectual of the Plymouth (MA) District ously an attorney at Day Pitney Bingham McCutchen LLP and property, entertainment, and Court in February. She was LLP in Boston. focuses his practice on complex sports law. previously chief of the For- commercial matters, including feiture Unit of the Plymouth Nicole J. Desharnais ’99 is a antitrust, consumer class ac- Douglas A. Sondgeroth ’02 is a County District Attorney’s partner in the business depart- tion, and securities litigation. partner in the Chicago, IL, of- Office. ment at Nutter, McClennen & He is also an adjunct faculty fice of Jenner & Block LLP and Fish LLP in Boston. She was member at BC Law. a member of the firm’s complex Raj D. Jha ’95 in May was previously a corporate associ- commercial litigation, ERISA named chief operating officer ate at Ropes & Gray LLP. Eric J. Dinnocenzo ’01 estab- litigation, and international of Credit.com, a consumer edu- lished the Law Offices of Eric arbitration practice groups. cation and financial resource Lee A. Harrington ’99 is a Dinnocenzo, a litigation firm website. He has spent nearly partner and a member of the with offices in New York City Ileana E. Christianson ’03, twenty years in data licens- financial restructuring and and New Jersey, and focuses an attorney in the Miami of- ing, content syndication, social bankruptcy practice at Nixon his practice in the areas of life fice of GrayRobinson PA, was media, and internet advertising in roles ranging from attorney to executive management. He was previously vice president of strategic transactions for Ask. Young Advocate Helps Youth in Need com. Margaretta Homsey ’10 wins Skadden Fellowship David M. Ryan ’96, a partner in the Boston office of Nixon argaretta Homsey While at BC Law, Homsey, achievement and leadership, Peabody LLP, was appointed ’10 was recently a Public Service Scholar, was the Public Interest Law Foun- deputy practice group leader of Mawarded a pres- an editor of the Boston Col- dation Student Award, and a the firm’s government investi- tigious Skadden Fellowship. lege Law Review, vice-presi- Pro Bono Excellence Award. gations and white collar crime Hers was among 29 fellow- dent of the Public Interest Law Homsey also served as a group. ships given to law students Foundation, a coordinator of law clerk to Justice William John E. Nilsson ’97 is counsel and recent graduates around the Immigration Law Spring P. Robinson III ’75 on the in the Washington, DC, office the country. Break Service Trips, and co- Rhode Island Supreme Court. of Arnold & Porter LLP, where Homsey received the founder of the Immigration The Skadden Fellowship he does litigation involving award to work at Greater Law Group, and an active Foundation was established medical device technology. Boston Legal Services, where participant in the Pro Bono in 1988 to fund graduating she represents youth with dis- Program. She was the recipi- students who wish to devote C. Kenneth Ongalo-Obote ’97 abilities aging out of the foster ent of the Aviam Soifer gradu- their lives to public interest was elected a member of the care system. ation award for public service work. Parliament of Uganda and is

www.bc.edu/lawalumni 37 [ E s q uire ] honored at the Dade County the College of Architecture at Bar Association’s 22nd Annual Texas A&M University in Col- save the date: alumni assembly Recognition Luncheon with the lege Station, TX. Pro Se Clinic Award for her pro bono work with Legal Aid. Meredith L. Ainbinder ’04 New dean to give keynote address Christianson is part of Gray- was named secretary of the All alumni are invited to the Third Annual BC Law Robinson’s litigation team and Women’s Bar Association of Alumni Assembly works with the bankruptcy, Massachusetts. She is an as- restructuring, and creditors’ sociate and a member of the WHEN: October 21, 2011, 4 p.m., cocktail reception rights departments. intellectual property litigation to follow and copyright practice groups Daniel K. Gelb ’03, a partner at Sunstein, Kann, Murphy & WHERE: BC Law School at Gelb & Gelb LLP in Boston, Timbers LLP in Boston. is co-author with Richard M. KEYNOTE SPEAKER: Dean Vincent Rougeau Gelb ’73 of “A Guide to Elec- Lt. Janelle Kuroda ’04 was the An Alumni Board meeting will be held on Oct. 21, tronic Discovery and Evidence” keynote speaker at a celebra- prior to the Assembly. At the Assembly, Assembly in The Comprehensive Guide tion in May of Asian Pacific to Lost Profits Damages for Islander Heritage month by the members will vote for the new members of the Experts and Attorneys pub- Geico insurance company at its Alumni Board. If you are interested in running for lished by Business Valuation world headquarters in Chevy a position on the 2012 BC Law School Alumni Board, Resources in 2010. Chase, MD. Kuroda, a member please contact Christine Kelly, assistant dean for of the Navy’s Judge Advocate alumni relations, at [email protected] no later than Emily Milligan ’03 is counsel General’s Corps, credited her in the New York, NY, office father’s guidance and directive July 20 for details on the nomination and election of Carter, Ledyard & Milburn to “never give up,” as a key process. To learn more about the Alumni Board and LLP. motivator in her life. She was this process, go to www.bc.edu/lawalumni. president of the Asian Pacific Linda Gonzalez Ronan ’03 is American Law Student Asso- counsel in the Los Angeles, CA, ciation while at BC Law. office of Tucker, Ellis & West Leila A. Amineddoleh ’06 is group in the Charlotte, NC, and focuses her practice on Kirsten A. Noethen ’04 is an of counsel and chair of the art office of Moore & Van Allen general litigation and pharma- attorney advisor in the Office law group at Lysaght, Lysaght PLLC. ceutical and medical products of Financial Stability of the US & Ertel LLP in New York, NY. liability. Department of the Treasury She was previously an associate Robert C. Garcia ’08 is a com- in Washington, DC. She was at Fitzpatrick, Cella, Harper & mercial litigation associate in Louis G Tassinary ’03 is co- previously a corporate associ- Scinto in New York. the Tucson, AZ, office of Far- author of “Equal Protection ate at Weil, Gotshal & Manges hang & Medcoff PLLC. and Aesthetic Zoning: A Pos- LLP in New York, NY. Charles E. Lyon ’06, a partner sible Crack and a Preemptive in the Intellectual Property Austin Kim ’09 is an associate Repair” in the Urban Lawyer Matthew A. Brunell ’05 is chief Group at Choate, Hall & Stew- and a member of the patent and “Stone Walls, Cities, and operating officer for Building art LLP in Boston, has been group in the Boston office of the Law” in Preservation Excellent Schools, a leader in the selected by Massachusetts Law- Fish & Richardson PC. Education and Research, both national charter school move- yers Weekly as a 2011 “Up & published in 2010. He is the ment, based in Boston. He was Coming Lawyer.” s executive associate dean of formerly president of Nativity 2010 School of Worcester (MA). Nicole L. Mondschein ’06 relocated to Helsinki, Finland, Christopher J. Heller ’10 is an for a new position as corporate associate in the Buffalo, NY, I n m E m o ria m counsel at Nokia Corporation. office of Hodgson Russ LLP and focuses his practice in the Henry J. McCusker ’43 John F. Gill ’55 Joseph Palazzo ’07 is the re- areas of torts, insurance, and Anthony G. Muello ’44 Edward J. Powers ’57 cipient of the 2011 Thomas products liability litigation. Albert H. Labastie ’48 Richard J. Cain ’58 F. Reilly Trial Team Award in Joseph J. Hurley ’49 Santo Joseph Ciccia ’60 honor of his exemplary service Hon. Mary M. Brennan ’50 Edward L. Hoban ’60 to the Middlesex District At- Joseph J. Mahoney ’50 Robert M. Salerno ’62 torney’s Office in Woburn, Update your Hon. Alfred L. Podolski ’50 John J. Thornton ’64 MA. He is an assistant district information, John F. Zamparelli ’50 Daniel R. Salcito ’65 attorney in the office’s PACT contact your John N. Nestor ’51 Joseph F. Flynn Jr. ’69 Unit and oversees the forfeiture classmates, Eugene J. Ratto ’51 Ronald E. Lasky ’75 operation. keep in touch. Register Jeremiah F. Murphy ’52 Nicholas Sarris ’75 at www.bc.edu/lawnet Albert G. Tierney ’52 Martin J. Golub ’77 F. Emmett Weindruch ’07 is an to become part of the new online community. John E. Curley ’54 Kevin C. Marshall ’12 associate and a member of the intellectual property practice

38 BC Law magazine | SPRING / SUMMER 2011 [ F acult y ] n ew s & re s earch

s ch o lar ’ s f o r u m A Federal Umbrella for State Rainy Days

by BC Law Professor Brian Galle and U CLA Professor and V ice Dean Kirk J. S t a r k tate budgets are a national disaster. As we write, economists are declar- ing that the Great Recession ended more than a year ago, and yet many states face yawning funding gaps in the year ahead. Legislatures are slashing jobs, acquisitions, and building projects, while raising tax rates, Sin order to meet the harsh demands of constitutional each state to steal business from the others by cheating balanced-budget requirements. By employing fewer peo- on the agreement. ple, buying less, and taxing more, states undermine their Even if exit were not a serious issue, states also can- local economies, which of course in turn further wors- not borrow because they have tied their own hands out ens their budgets. And existing research has shown that of fear of excessive debt. In the absence of self-imposed cuts tend to be steepest in social safety-net programs, so limits, borrowing might grow out of control because that the growing ranks of the poor and unemployed are either voters or officials could be present-biased: They hardest hit by budget shortfalls. weigh the benefits of spending today more heavily than The cycle of recession-reinforcing budget crises has the cost of repaying tomorrow. Voters can be present- repeated itself again and again in recent US history. The biased because they expect to move somewhere else reasons for the states’ rut are by now well known. Most before the bill comes due, or for psychological reasons. state sources of revenue are “procyclical”: They vary Officials are people, too, and so could also be subject directly with the local economy, so that the state must to psychological present-bias; they also can rationally tighten its belt just when the need for social safety-net expect that they will be out of office before the bur- spending is increasing. States cannot borrow their way den of excessive debt comes to bear. Thus, most states out of the resulting crisis, because excessive debts would impose some form of balanced-budget requirement on portend large future tax increases, which might drive their officials. away businesses and the most mobile citizens. States For many economists, the ideal theoretical path out could cope if they could all agree to borrow simultane- of this briar patch is for states to save, rather than bor- ously, but such coordination is stymied by varying bud- row. By saving, state and local governments can build a get and political situations, and by the temptation for (continued on page 50) is t oc k p h o o.com / s k odonnell

www.bc.edu/lawalumni 39 [ F acult y ]

PR o f ILE A Corporate Watchdog

RENEE JONES GUARDS AGAINST SECURITIES AND GOVERNANCE MALFEASANCE

rofessor James R. Repetti noticed Renee Jones at the Boston law firm of Hill P & Barlow, where he was serving as of counsel and she was a senior associate. Repetti was impressed with this Princeton and Harvard Law School graduate and former Harvard Law Review editor, whose job it was to review securities transactions valued in the hundreds of millions of dollars. He stopped by her office one day and said, “Hey, have you ever thought about teaching?” Actually, she had, but she detoured first through firm life to acquire practical experience. There, she saw how SEC and IRS rules affect corporate decision-making—observa- tions that would inform her scholarship. She joined the BC Law faculty in 2002, where she is now an associate professor with tenure. The fourth of eight children, Jones was born in 1965 to activists and educators Kath- erine Butler Jones and Hubie Jones, the former dean of the Boston University School of Social Work. She remembers her childhood in Newton as fun, chaotic, and stimulating. Education was prized, television restricted. “When we were little, my parents had a ‘Black History Month Contest’ every year where we all did research projects on a black history topic and presented a report to win a prize. Everyone loved working on these little reports and we all competed to win the prize, which was about ten dollars or something like that,” Jones recalls.

A Sample of Professor Renee Jones’s Scholarship

• Legitimacy and Corporate Law: The Case for Regulatory Redundancy, 86 washington university law review 1273 (2009) • Law, Norms, and the Breakdown of the Board: Promoting Accountability in Corporate Governance, 92 iowa law review 105 (2006) • Rethinking Corporate Federalism in the Era of Corporate Reform, 29 (iowa) journal of corporation law 625 (2004), dana smi th reprinted in Jones’s political awakening began in sixth grade during the 1976 presidential campaign. corporate practice commentator

40 BC Law magazine | SPRING / SUMMER 2011 [ F acult y ]

Her political awakening began in sixth grade, when she was captivated by the primary process for the 1976 presidential Academic Vitae campaign. A few short years later, her sum- Compiled and Edited by Deborah J. Wakefield mer camp in Maine took the older children to see a play about a shareholder activist ris- ing up in battle over corporate control. She remembered that play when working at Hill Richard Albert Filippa Marullo Anzalone Assistant Professor Professor of Law and Associate Dean for & Barlow. “I became aware of the latent Library and Technology Services power that shareholders have. They could Recent Publications: “Constitutional Hand- be disruptive, if they were willing,” she says. cuffs.” Arizona State Law Journal 42 (2010): Presentations: “Servant Leadership: A Model Today, Jones, who is married to her 663–715 for Law Library Leadership,” Servant Lead- ership Webinar, American Association of law school sweetheart Michael Chaffers Presentations: “The Public and Private Face Law Libraries in March. and has three children, Alex, Shannon, and of the Law,” discussion entitled “A Jury Julia, focuses her scholarship on corporate of Your Peers: A Forum on Peremptory Activities: Panelist, “New Directors Work- governance and regulation. Her critiques, Challenges” sponsored by the Black Law shop—Managing Change: So Much to Do, Students Association and the Litigation and So Little Time,” Association of American though soft-spoken, are blistering. Of the Advocacy Society, BC Law in Nov. “Presi- Law Schools (AALS) 2011 Annual Meeting, way Delaware corporate laws are drafted dential Roulette,” Boisi Center for Religion San Francisco, CA, in Jan. and adopted, Jones says, “Almost every- and American Public Life, Boston College Other: Member, American Bar Associa- body who has an interest in the outcome is in Nov. “Democratic Revolutions,” faculty tion/AALS Site Evaluation Team, Villanova workshop, University of San Diego School excluded from the process, other than the University School of Law, Villanova, PA, in of Law, San Diego, CA, in Feb. and Vil- corporate managers who employ the law- March. lanova University School of Law, Villanova, yers who are making these decisions. As far PA, in March. “Reclaiming Confederation,” as I’m concerned, that’s not a democratic Charles H. Baron Governmental Powers Panel, University of Professor Emeritus process.” Of paying corporate executives Detroit Mercy Law Review Annual Live in stock options, Jones says, “Some execu- Symposium, “Celebrating an Anniversary: Recent Publications: “The Right to Die: tives seem to be motivated to do anything A Twenty-Year Review of Justice Clarence Themes and Variations.” In vol. 2 of Il to keep stock prices up, even to the point Thomas’s Jurisprudence and Contributions Governo Del Corpo, edited by Stefano Can- estrari et al., 1844–1863. Milano: Guiffrè, of committing outright fraud to create this as an Associate Justice on the US Supreme Court,” UDM School of Law, Detroit, MI, 2011. illusion of prosperity and growth.” in March. “The Constitution of Evil,” New Presentations: “The Right to Die: Themes Jones’s influence is wide and growing. England Junior Scholars Conference, BC and Variations,” Wellesley College, Welles- “All corporate and securities law scholars Law in March. ley, MA, in March. read Professor Jones’s work and she is Activities: Discussion moderator, “Arizona New Appointments: Visiting professor, widely sought after as a panelist at confer- Senate Bill 1070 and Immigration Reform Dipartimento di Scienze Giuridiche, Uni- ences,” says Professor Lawrence A. Cun- Today,” BC Law chapter of the American versità degli Studi di Trento, Trento, Italy, ningham, who mentored Jones at BC Law Constitution Society and Federalist Society, April–May; and Roger Williams University BC Law in Nov. Panel moderator, “The before joining the faculty at George Wash- School of Law, Bristol, RI, 2011–2012. ington University Law School. “Her work Constitutional Politics of the Tea Party is cited a couple of dozen times every year Movement,” Association of American Law Paulo Barrozo in leading articles—the coin of the realm.” Schools (AALS) 2011 Annual Meeting, San Assistant Professor Francisco, CA, in Jan. Judge for the League Jones is admired at BC Law as a hard of Women Voters Third Annual Civics Bee, Recent Publications: “Finding Home in the worker, generous thinker, and attentive Sudbury, MA, in April. World: A Deontological Theory of the Right teacher. Daniel Wilcox ’12 appreciates her to Be Adopted.” New York Law School Law New Appointments: Mentor, McNair ability to explain difficult concepts clearly, Review 55 (2010–11): 701–731. Exploratory Program at Boston College, and says, “She treats everyone with respect.” Jan.–May 2011. Executive Committee, Presentations: “Law as Moral Imagina- Trusts and estates professor Ray D. Madoff AALS Section on Constitutional Law. Chair, tion: The Great Alliance and the Future of says, “Some people will talk only about how Younger Comparatists Committee, American Law,” Faculty Colloquium Series, University your work relates to her work, but she can Society of Comparative Law. of Colorado Law School, Boulder, CO, in March. talk about it on your terms.” Alexis J. Anderson Professor Mary Sarah Bilder says, “I Associate Clinical Professor Activities: Panelist, “Missing the Transition never thought securities regulation was from Emergency Relief to Systemic Devel- interesting until I met Renee. Now, I read Activities: Taught Introduction to American opment in Haiti,” Northeastern University Law with an emphasis on the history of free those sections of the paper so I can talk to School of Law International Law Society and speech theory to undergraduate and gradu- the Northeastern Law Forum, Boston in Oct. her about it at lunch.” That’s probably the ate law students, Faculty Exchange Program, Spoke on the topic of intellectual projects highest praise a teacher could ask for. Université Paris Ouest Nanterre La Défense, and academic careers in law to SJD candi- —Jeri Zeder Paris, France, in March. dates, Harvard Law School in Oct.

www.bc.edu/lawalumni 41 [ F acult y ]

Mary Sarah Bilder Liability Policy, edited by Rutkin Presentations: With Herbert P. Activities: As reporter to the Professor and Robert Tugander. Chicago: Wilkins, “The SJC’s Treatment Standing Committee on Rules ABA Publishing, 2010. “Dodd- of the Massachusetts Declaration of the US Judicial Conference, Presentations: “Madison’s Frank Act: Act Changes Legal of Rights Compared to Cognate attended a meeting of the Advi- Hand,” Law and History Con- Landscape of Insurance.” Tort, Provisions of the United States sory Committee on Civil Rules, sortium, University of Pennsyl- Trial and Insurance Practice Constitution,” Supreme Judicial University of Texas School of vania, Philadelphia, PA, in Feb.; Insurance Regulation Committee Court Historical Society, Wash- Law, Austin, TX; and meetings and the Rhode Island Chapter of Newsletter (Winter 2011): 10–11. ington, DC, in Feb. of the advisory committees on the BC Law Alumni Association, Appellate Rules and Bankruptcy Providence, RI, in April. Mark S. Brodin New Appointments: Member, Rules, San Francisco, CA, in Professor Supreme Judicial Court Standing New Appointments: Program April. Reelected vice president, Advisory Committee on the Rules Committee and the Advisory Colonial Society of Massachu- Recent Publications: With Ste- of Professional Conduct, for a Committee on the Cromwell setts. Member, Editorial Board of phen N. Subrin, Martha L. three-year term in March. Prizes, American Society for Minow, and Thomas O. Main. the New England Quarterly and Legal History. Federal Rules of Civil Proce- Other: Member, American Bar the Board of Editors of Moore’s Federal Practice. Continues as dure: With Resources for Study. Association Site Evaluation Robert M. Bloom director, Harvard Law School 2010–2011 ed. Austin: Aspen Team, Cornell University Law Professor History Project. Publishers, Wolters Kluwer Law School, Ithaca NY, in April. Recent Publications: Cases on and Business, 2010. New Appointments: Reappointed Mary Ann Chirba Criminal Procedure. New York: reporter, Committee on Rules of Works in Progress: “Bush v. Associate Professor of Legal Aspen Publishers, 2011. With Practice and Procedure of the US Gore: The Worst (or at least Reasoning, Research, and Writing David H. Fentin. “‘A More Judicial Conference by US Chief second-to-the-worst) Supreme Majestic Conception’: The Justice Roberts. Reappointed Court Decision Ever.” Nevada Works in Progress: With Stepha- Importance of Judicial Integrity Charles Warren Visiting Profes- Law Journal (forthcoming Sum- nie Garfield. “FDA Oversight of in Preserving the Exclusionary sor of American Legal History at mer 2011). “What One Lawyer Autologous Stem Cell Therapies: Rule.” University of Pennsylvania Harvard Law School. Can Do for Society: The Career Legitimate Regulation of Drugs Journal of Constitutional Law 13 and Devices or Groundless of William P. Homans Jr.” New Scott T. Fitzgibbon no. 1 (November 2010): 47–80. Interference with the Practice England Law Review (forthcom- Professor of Medicine? Suffolk Journal Works in Progress: Article coming). paring exclusionary rule in the of Health and Biomedical Law Activities: Panelist, “Debating Presentations: “William P. US with Ireland, Canada, and (forthcoming July 2011). With E. the Future of Marriage,” Ideas Homans Jr.: A Life in Court,” New Zealand. Joan Blum, Elisabeth A. Keller, Matter, a project of the Boston Litigation and Advocacy Society, and Judith B. Tracy. “What Legal Review and the Massachusetts E. Joan Blum BC Law in March. Employers Want…and Really Institute of Technology Depart- Associate Professor of Legal Need.” The Second Draft (forth- ment of Political Science, in Activities: Member, BC Law Reasoning, Research, and Writing coming 2011). Federal Health March. Dean Search Committee. Care Reform Treatise. New Works in Progress: With Mary Brian D. Galle George D. Brown Providence, NJ: LexisNexis/Mat- Ann Chirba, Elisabeth A. Keller, Assistant Professor Robert E. Drinan, SJ, Professor thew Bender, forthcoming 2011. and Judith B. Tracy. “What Legal of Law and Interim Dean Recent Publications: “The Taxing Employers Want…and Really Activities: Conference planner Power, the Affordable Care Act, Need.” The Second Draft (forth- and panel moderator, Biannual Recent Publications: “Account- and the Limits of Constitutional coming 2011). Conference of the New England ability, Liability, and the War Compromise.” Yale Law Journal on Terror—Constitutional Tort Consortium on Legal Writing, Presentations: “Teaching Legal Online 120 (2011): 407–419. Suits as Truth and Reconciliation BC Law in Dec. Research and Citation,” Legal With Jonathan Klick. “Recessions Vehicles.” Florida Law Review Writing Institute One-Day Work- and the Social Safety Net: The 63, no. 1 (January 2011): 193– Daniel R. Coquillette shop, Suffolk University Law Alternative Minimum Tax as a 249. J. Donald Monan, SJ, Professor School, Boston in Dec. of Law Countercyclical Fiscal Stabilizer.” R. Michael Cassidy Stanford Law Review 63 no. 1 Activities: Conference chair Works in Progress: With Judith Professor (December 2010): 187–246. With and panel moderator, Biannual A. McMorrow. “Zacharias’s Manuel Utset. “Is Cap-and-Trade Conference of the New England Recent Publications: “Talking Prophecy: The Federalization Fair to the Poor? Shortsighted Consortium on Legal Writing, Sense about Sentencing.” Mas- of Legal Ethics through Legisla- Households and the Timing of BC Law in Dec. sachusetts Lawyers Weekly, April tive, Court, and Agency Regula- Consumption Taxes.” George New Appointments: Coordinator, 11, 2011. tion.” San Diego Law Review 48 Washington Law Review 79, no. (2011). With Judith A. McMor- 1 (November 2010): 33–100. Legal Reasoning, Research, and Works in Progress: “Some Reflec- Writing Program at BC Law for a row. “The Federal Law of Attor- tions on Ethics and Plea Bargain- ney Conduct.” In Moore’s Federal Presentations: “Federal Sup- two-year term effective Aug. ing: An Essay in Honor of Fred Practice, 4th ed. Newark, NJ: port for State Rainy Day Funds: Zacharias.” San Diego Law Karen Breda LexisNexis, forthcoming 2011. Options and Evidence,” National Legal Information Librarian and Review 48 (forthcoming 2011). Tax Association Annual Confer- Lecturer in Law “Plea Bargaining, Discovery, Presentations: “The Current Edu- ence on Taxation, Chicago, IL, in and the Looming Battle over cational Landscape: Perspectives Nov. “Delivering Cash Benefits Recent Publications: Assisting Impeachment Evidence.” Vander- from the Top,” keynote presen- to Poor Households,” Houston editor, The Reference Handbook bilt Law Review 64 (forthcoming tation and panel, Harvard Law Business and Tax Journal sym- on the Comprehensive General 2011). School Reunions in April. posium, University of Houston

42 BC Law magazine | SPRING / SUMMER 2011 [ F acult y ]

Law Center in Feb. “The Tax- versity of Oregon School of Law, Gregory A. Kalscheur, SJ Kentucky,” New England Law ing Power and the Affordable Eugene OR, in March. Associate Professor Review symposium, “Crossing Care Act,” Federal Courts Law the Border: The Future of Immi- Activities: Moderator, Third Works in Progress: Review of Review symposium, “Healthcare gration Law and Its Impact on Annual Investment Fund Round- Religious Liberty, vol. 1: Over- Law in the Federal Courts,” Lawyers,” New England Law, table, Boston University School Charleston School of Law, view and History, by Douglas Boston in Nov. Panelist, training of Law in Dec. Program orga- Charleston, SC, in Feb. “The Laycock. Theological Studies session for the Criminal Justice nizer and moderator, “Corporate Role of Charity in a Federal (forthcoming June 2011). Institute, Harvard Law School Political Speech and Dueling System,” Tax Policy Colloquium in Jan. Conceptions of the Corporation Presentations: “Catholic Social Series, Indiana University Maurer in Supreme Court Jurispru- Thought and the Law,” Harvard Other: Appeared on WGBH’s School of Law, Bloomington, IN, dence,” Association of American Catholic Law Students Associa- in March. Greater Boston regarding the Law Schools (AALS) Section on tion in March. DREAM Act in Dec. Featured Frank J. Garcia Business Associations, co-spon- Activities: Respondent, “Robert in Deportation Nation’s online Professor and Director of the sored by the Section on Constitu- Drinan: Man, Priest, and Politi- video, “Deportation Nation: A Law and Justice in the Americas tional Law, AALS 2011 Annual cian,” BC Law in March. Timeline of Immigrant Criminal- Program Meeting, San Francisco, CA, in ization,” accessed at deportation- Jan. Commentator, Abraham L. Daniel Kanstroom nation.org. Participant, session Works in Progress: With Lindita Pomerantz Lecture presented by Professor and Director of the sponsored by the Ford Foun- Ciko, “Theories of Distributive Professor Frank Partnoy, Brook- International Human Rights dation to develop ideas about Justice and International Trade lyn Law School, New York, NY, Program immigration law and policy, Law.” In Research Handbook on in March. Co-organizer and Tides Foundation, San Francisco, Recent Publications: “Loving Global Justice and International moderator, “The Sustainable CA, in March. Traveled to the Humanity While Accepting Real Economic Law, edited by John Corporation,” Wake Forest Law Azores as a guest of the Portu- People: A Critique and a Cau- Linarelli. Edward Elgar Publish- Review’s 2011 Business Law guese government to visit student tious Affirmation of the ‘Politi- ing, forthcoming 2012. Symposium, Wake Forest Uni- human rights placement, exam- cal’ in US Asylum and Refugee versity School of Law, Winston- ine programs, and interview US Presentations: “Negotiating Law.” In Driven from Home: Salem, NC, in March. deportees in March. the Non-negotiable: Protecting Protecting the Rights of Forced Human Rights in Negotiat- Other: Member, Convening Migrants, edited by David Hol- Sanford N. Katz ing and Implementing Trade Committee, Directors’ Intensive lenbach, 115–145. Washington, Darald and Juliet Libby Professor Agreements,” Global Economic Program on Corporate Gover- DC: Georgetown University of Law Governance Program, University nance, BC Law. Led the organi- Press, 2010. of Oxford, England, in March. zation of 36 law professors in the Recent Publications: “Keep CPCS Works in Progress: “Deportation “Globalization and the Theory submission of an amicus brief in as the Model for the Nation.” and the Right to Counsel: Padilla of International Law,” guest the case of Business Roundtable Massachusetts Lawyers Weekly, v. Kentucky and the Challenging lecturer, Future of International and Chamber of Commerce v. April 18, 2011. Construction of the ‘Fifth-and- Law course, BC Law in Nov. SEC. a-Half’ Amendment.” UCLA Works in Progress: Family Law Activities: Convener and com- in America, paperback edi- Renée M. Jones Law Review (forthcoming 2011). mentator, Globalization of Legal Associate Professor “The Problematic Construction tion with a new introduction. Sources, by Sophie Robin-Olivier, of the Border as a ‘No-Rights’ Oxford: Oxford University Press, BC Law London Program Gradu- Recent Publications: “The Role Line.” The Fletcher Forum of 2011. “Family Solidarity versus ate and Faculty Seminar, King’s of Good Faith in Delaware: How World Affairs (2011) “Padilla v. Social Solidarity in the United College, London, England, in Open-Ended Standards Help Del- Kentucky and the Evolving Right States.” International Journal of March. aware Preserve Its Edge.” New to Deportation Counsel: Water- the Jurisprudence of the Family York Law School Law Review shed or Work-in-Progress?” New (forthcoming 2011). New Appointments: Director, 55 (2010/2011): 499–522. BC Law London Program for England Law Review (forthcom- Activities: Panel moderator, 2011–2012. Works in Progress: “The SEC’s ing 2011). “Deportations and “Reconstitution of Families— Revolving Door.” With Michelle Repatriations.” In The Oxford Paternity and Adoption Issues,” Other: Awarded a 2010 Faculty Welsh. “Enforcing Directors’ Encyclopedia of American Social International Society of Family Teaching Commendation for his Duties in US and Australia: A History, forthcoming 2011. Law Caribbean Regional Con- seminar on globalization and Comparative Analysis.” ference, Nassau, The Bahamas, economic law, Monash Univer- Presentations: Guest lecturer, Harvard Kennedy School of in March. Participant, meeting sity, Melbourne, Australia. Presentations: “Enforcing Direc- of the Executive Council of the tors’ Duties: A Comparative Government in Nov. “Draft Kent Greenfield Principles on the Rights of Non- International Society of Family Analysis,” symposium entitled Law, London, England, in Feb. Professor “Corporate Governance and citizens,” Northeastern University School of Law, Boston in Dec. Panel moderator, “Robert Dri- Recent Publications: “Law, Business Ethics in a Post-crisis Presentation on the intersection nan: Man, Priest, and Politician,” Politics, and the Erosion of World,” Notre Dame Law of immigration and criminal law, BC Law in March. Legitimacy in the Delaware School, South Bend, IN, in April. UCLA Law Review symposium, Courts.” New York Law School Elisabeth A. Keller Activities: Commentator¸ Junior “Immigration Law and Crimi- Law Review 55 (2010/2011): Associate Professor of Legal Faculty Business and Financial nal Law: Defining the Outsider, 481–496. Reasoning, Research, and Writing Law Workshop, George Wash- UCLA School of Law, Los Ange- Presentations: “The Myth of ington University Law School, les, CA, in Jan. Works in Progress: With E. Joan Choice,” Oregon Law Lectures Washington, DC, in April. Blum, Mary Ann Chirba, and Activities: Panelist, “Padilla v. and Awards Speakers Series, Uni- Judith B. Tracy. “What Legal

www.bc.edu/lawalumni 43 [ F acult y ]

Employers Want…and Really Bar Review in March. Works in Progress: “Tethering Vlad Perju Need.” The Second Draft (forth- the Administrative State: The Associate Professor coming 2011). Ray D. Madoff Judicial Role in Telecommunica- Works in Progress: “Freedom Professor tions Reregulation.” Journal of and Imagination: Constitutional Activities: Conference planner Corporation Law 36 (forthcom- Recent Publications: With Cor- Space in the Cosmopolitan and panel moderator, Biannual ing 2011) “Virtual Takings: The Conference of the New England nelia R. Tenney, Martin A. Hall, Project.” “Cosmopolitanism in and Lisa N. Mingolla. Practical Coming Fifth Amendment Chal- Consortium on Legal Writing, lenge to Net Neutrality Regula- Constitutional Law.” BC Law in Dec. Guide to Estate Planning. 2011 edition. Chicago: CCH, Inc., tion.” “The Common Law of Presentations: “Freedom and Cynthia C. Lichtenstein 2010. “What Leona Helmsley Patentable Subject Matter.” Imagination: Constitutional Professor Emerita Can Teach Us about the Chari- Presentations: “Empirical Study Space in the Cosmopolitan Proj- table Deduction.” Chicago-Kent ect,” international conference, Activities: Treasurer, Interna- of Dissemination of Information Law Review 85, no. 3 (2010): “Constitutionalism in a New tional Law Students Association. via the Patent System,” Fifth 957–974. Annual Conference on Empirical Key,” Social Science Research Continues as vice-chair of the Center Berlin and Humboldt International Law Association Works in Progress: “The Role Legal Studies, Yale Law School, New Haven, CT, in Nov. “The University of Berlin, Germany, and a member of the associa- of Judicial Discretion in Dispute in Jan. “Cosmopolitanism and tion’s International Monetary Settlement.” Common Law of Patentable Subject Matter,” 2011 Works- Constitutional Self-Govern- Law and International Securities Presentations: “Immortality and in-Progress Intellectual Property ment,” annual seminar series, Regulation committees. Mem- the Law,” Harvard Law School Colloquium, Boston University “Legal Philosophy between ber, panel of arbitrators assigned in Feb. “Law of the Dead,” School of Law in Feb.; and Uni- State and Transnationalism,” to a NAFTA Chapter 19 case Boston Probate Forum in Feb. versity of Kansas School of Law, Osgoode Hall Law School and between Mexico and the US. “Preserving Donor Intent: The Lawrence, KS, in April. York University Department of Myth of Forever,” 2011 Jewish Philosophy, Toronto, Ontario, Daniel A. Lyons Activities: Co-founder and orga- Funders Network International Canada, in Feb. “Cosmopoli- Assistant Professor nizing member, Patent Confer- Conference, Philadelphia, PA, in tanism in Constitutional Law,” ence. Organizing member, New Recent Publications: “Virtual March. Comparative Constitutional Law Takings: The Coming Fifth England Law Schools Junior Roundtable, George Washington Amendment Challenge to Net Activities: Debated Jonathan Faculty Group. University Law School, Wash- Neutrality Regulation.” Notre Blattmachr on dynasty trusts, ington, DC, in March. Mary-Rose Papandrea Dame Law Review 86, no. 1 American College of Trust and Associate Professor Activities: Moderator and (February 2011): 65–118. Estate Counsel 2011 Annual discussant, “The Past and the Meeting, Phoenix, AZ, in Works in Progress: The Story Future of Constitutionalism: Works in Progress: “Tethering March. of New York Times Co. v. Sul- Theory and Practices from Com- the Administrative State: The livan. In First Amendment Sto- Other: Guest on NPR’s On parative Perspective,” Harvard Judicial Role in Telecommunica- ries, edited by Richard Garnett Point program, “Estate Taxes Law School in Nov. Panelist, tions Reregulation.” Journal of and Andrew Koppelman. New and Political Calculations,” “Proportionality in the Euro- Corporation Law 36 (forthcom- York: Thomson Reuters/Founda- in Dec. Visiting professor for pean Court of Justice: Theory, ing 2011). “Net Neutrality and tion Press, forthcoming 2011. the January term, William S. Practice, and Institutional Self- Nondiscrimination Norms: A “The First Amendment and the Richardson School of Law, Historical Perspective.” Non-Work-Related Expressive Understanding,” conference University of Hawaii at Manoa, Activities of Public Employees.” entitled “Reappraising the Judi- Presentations: “The Judicial Role Honolulu, HI. cial Role: European and Austra- Brigham Young University Law in Telecommunications Reregu- lian Comparative Perspectives,” Judith A. McMorrow Review (forthcoming 2011). lation,” Journal of Corporation Australian National University Law symposium, “Reregulation Professor “The Press and National Secu- rity Information in the Digital Centre for European Studies, and the Business Firm,” Uni- Canberra, Australia, in Feb. Works in Progress: With Daniel Age.” Journal of National Secu- versity of Iowa College of Law, R. Coquillette. “Zacharias’s rity Law and Policy (forthcom- Promotions: Promoted to associ- Iowa City, IA, in Feb. “The Prophecy: The Federalization of ing 2011). ate professor with tenure at BC Coming Fifth Amendment Chal- Legal Ethics through Legislative, Law in March. lenge to Net Neutrality Regu- Court, and Agency Regulation.” Activities: Moderator and orga- lation,” IP Brown Bag Series, San Diego Law Review 48 nizer, “The First Amendment Zygmunt J. B. Plater Center for Advanced Legal Stud- (2011). With Daniel R. Coquil- and the Roberts Court,” Asso- Professor ies, Suffolk Law School, Boston lette. “The Federal Law of ciation of American Law Schools in March. “Net Neutrality and Attorney Conduct.” In Moore’s (AALS) Section on Mass Com- Recent Publications: “Learning Nondiscrimination Norms in Federal Practice, 4th ed. New- munication Law, AALS 2011 from Disasters: Twenty-One Telecommunications,” faculty ark, NJ: LexisNexis, forthcom- Annual Meeting, San Francisco, Years after the Exxon Valdez workshop, Washington and ing 2011. CA, in Jan. Panelist, “Espionage Oil Spill, Will Reactions to the Lee University School of Law, and the First Amendment after Deepwater Horizon Blowout Lexington, VA, in March. “Net David S. Olson Wikileaks,” American Society of Finally Address the Systemic Neutrality and Nondiscrimina- Assistant Professor International Law 105th Annual Flaws Revealed in Alaska?” tion Norms,” New England Meeting, Washington, DC, in Environmental Law Reporter Recent Publications: “First Junior Faculty Workshop, BC March. 40 (November 2010): 11041– Amendment Based Copyright Law in March. 11047. Misuse.” William and Mary New Appointments: Chair, Other: Lecturer, Massachusetts Law Review 52, no. 2 (Novem- AALS National Security Law Works in Progress: “The Exxon Property Distinctions, Themis ber 2010): 537–606. Section. Valdez Resurfaces in the Gulf

44 BC Law magazine | SPRING / SUMMER 2011 [ F acult y ] of Mexico—and the Hazards of Brian J. M. Quinn in Progress Workshop, Yale Law tion: Cases and Materials. 3rd ed. ‘Megasystem Centripetal Dipolar- Assistant Professor School, New Haven, CT, in Feb. New York: Thomson Reuters/ ity,’” Boston College Environ- “Doubt Jurisprudence in Early Foundation Press, 2011. Recent Publications: “Optional- mental Affairs Law Review 38 Islamic Law and Society,” New ity in Merger Agreements.” The Works in Progress: With Bernard (forthcoming 2011). Classic Les- York University, New York, NY, Delaware Journal of Corporate Wolfman. Federal Income Taxa- sons from a Little Fish in a Pork in Feb. “Legal Minimalism as Law 35, no. 3 (2010): 789–828. tion of Corporate Enterprise. Barrel—Featuring the Notorious Good Governance,” conference Foundation Press, forthcom- Story of the Endangered Snail Works in Progress: “Shareholder entitled “Contemporary Muslim ing 2011. “Backdoor Harmo- Darter and the TVA’s Final Dam, Lawsuits, Status Quo Bias, and Thinkers on Good Governance,” nization? Implications of the or News from 30 Years Ago— the Exclusive Forum Provision.” Harvard University in April. New Era of Tax Information Extracting Modern Lessons from UC Davis Law Review (forth- Activities: “Mosques, Muslims, Exchange.” “Sovereign Har- a Misbegotten Eco-Icon. Salt coming Fall 2011). “Reevaluat- and the Midterms,” brown bag mony, Domestic Discord: The Lake City: University of Utah ing the ‘Emerging Standard’ talk with Asli Bäli, UCLA School Gap between International Agree- Press, forthcoming 2011. for Matching Rights in Control of Law, Los Angeles, CA, in ments and Domestic Politics.” Transactions.” Delaware Journal Presentations: “The BP Deep- Oct. Panelist, “New Approaches With Luzi Cavelti. “Concepts of Corporate Law (forthcoming water Horizon Blowout Spill: to Late Antique and Medieval and Enforcement of Tax Fraud 2011). “The Performance of Ear- Lessons from the Past,” Wal- Islamic Criminal Legal History,” in Switzerland and the United nouts in Merger Agreements.” lace Stegner Center for Land American Society for Legal His- States.” Resources and the Environment; tory 2010 Annual Meeting, Phila- Presentations: “The Performance Presentations: With Scott Michel. and “Classic Lessons from a delphia, PA, in Nov. of Earnouts in Merger Agree- “The Ethical Framework: Duties Little Fish in a Pork Barrel—Fea- ments,” Center for Law, Eco- New Appointments: Treasurer of the Tax Practitioner to the Cli- turing the Notorious Story of nomics, and Finance, George for 2012–2015, Yale Law School ent and to the System,” Gradu- the Endangered Snail Darter and Washington University Law Alumni Association Executive ate Tax Program, University of the TVA’s Final Dam,” Wallace School, Washington, DC, in Committee. Miami School of Law, Coral Stegner Lecture, Stegner Center April. “Reevaluating the ‘Emerg- Gables, FL, in April. “Backdoor Sixteenth Annual Symposium, Other: Guest, National Public ing Standard’ for Matching Harmonization: Implications of “Wildlife Conservation in the Radio’s Tell Me More program, Rights,” conference entitled the New Era of Tax Informa- 21st Century,” University of Utah “States Move to Ban Islamic “Irreconcilable Differences: tion Exchange,” Tulane Tax S.J. Quinney College of Law, Director, Manager, and Share- Sharia Law,” in March. Inter- Roundtable, Tulane University Salt Lake City, UT, in March. holder Conflicts in Takeover viewed by Sally Steenland for Law School, New Orleans, LA, “The BP Deepwater Horizon Transactions,” Widener Univer- an article, “Setting the Record in March. Blowout Spill: Comparisons with sity School of Law, Wilmington, Straight: An Interview with the Wreck of the Exxon Valdez,” DE, in April. Intisar Rabb,” published by the Activities: Panelist, “Ethics Issues Boston College Environmental Center for American Progress in in International Tax Practice,” Activities: Coach, BC Law Trans- Studies Senior Seminar in March. March. Twenty-Third Annual Institute actional Lawyer Moot Team “Teachers and Students: BC Law on Current Issues in International James R. Repetti Environmental Task Forces from Intisar A. Rabb William J. Kenealy, SJ, Professor Taxation, George Washington Alaska to the Gulf of Mexico, Assistant Professor of Law and Associate Dean for University Law School, Washing- and Beyond.” Public Interest Law Academic Affairs ton, DC, in Dec. Foundation (PILF) End-of-Year Recent Publications: “Which Dinner, BC Law in April. Shari’a? Which America?” Bos- Recent Publications: With Wil- Other: Named national reporter, ton College Law School Maga- liam H. Lyons. Partnership Debt-Equity Conundrum semi- Activities: Panel organizer, “Hot zine, February 2011. Income Taxation. 5th ed. New nars, International Fiscal Associa- Topic Session: The BP Blowout York: Thomson Reuters/Founda- tion 2012 Boston Congress. Spill and Its Implications,” Asso- Works in Progress: “The Islamic tion Press, 2011. ciation of American Law Schools Rule of Lenity,” Vanderbilt Jour- James S. Rogers 2011 Annual Meeting, San Fran- nal of Transnational Law (forth- Presentations: “What Is the Professor cisco, CA, in Jan. Panelist, “Cre- coming 2011). “Damages” and Appropriate Role of Horizon- Presentations: “Indeterminacy ating a Green Economy,” Boston “Confessions.” In Encyclopaedia tal Equity in Tax Policy?” Tax and the Law of Restitution,” College Energy and Environment of Islam, Three, Gudrun Krämer Policy Colloquium, Indiana Uni- symposium entitled “Restitution Alumni Network Conference, et al. eds.; Islamic law section versity Maurer School of Law, Rollout: The Restatement (Third) “Excelling at Sustainability: ed. David S. Powers. Leiden, the Bloomington, IN, in March. of Restitution and Unjust Enrich- Leadership for Others,” in April. Netherlands: Brill. ment,” Washington and Lee Uni- Panelist, “Deepwater Drilling: Diane Ring Presentations: “Doubt Jurispru- versity School of Law, Lexington, The Price of Energy Security,” Professor and Associate Dean VA, in Feb. Tufts Energy Conference, Tufts dence and Maxims in Islamic for Academic Affairs Law, or Legal Maxims as Invis- University, Medford, MA, in Joan A. Shear April. ible Constitutions,” Annual Recent Publications: “United Legal Information Librarian and Princeton ConLaw Schmooze, States.” In Taxation of Perma- Lecturer in Law Other: Advisor, National Associ- “Invisible Constitutions,” hosted nent Establishments, edited by ation of Environmental Law Soci- by the Program in Law and Pub- Irene J. J. Burgers et al. Amster- Presentations: “Massachusetts eties 2011 Conference, Boston lic Affairs, Princeton University, dam: International Bureau of Fis- Inventory of Legal Materials,” in March. Named Public Interest Princeton, NJ, in Dec. “Compar- cal Documentation Publications. workshop, “Law.gov: Massa- Law Professor of the Year at the ative Law and Islamic Law: Simi- 1993– (Updates Fall 2010). With chusetts,” Harvard Law School PILF End-of-Year Dinner, BC larity, Difference, Identity,” Sixth Reuven S. Avi-Yonah and Yariv in June 2010. “Massachusetts Law in April. Annual Comparative Law Works Brauner. US International Taxa- Statutory and Constitutional

www.bc.edu/lawalumni 45 Law,” Massachusetts Continuing Legal Educa- Between the Columns tion seminar, “Unlocking Massachusetts Legal faculty are recognized by their peers. Research: Effective Use of Collections and (continued from page 4) They need to be active scholars and part Online Resources,” Boston in Feb. of scholarly conversations in their fields. be, we should keep in mind that sense of That helps the rankings because then their Activities: Workshop participant, “Law.gov: Putting It All Together,” Harvard Law School openness and welcome, that we are seek- colleagues say, “All the guys at BC are in June 2010. ing to learn from the myriad communities doing great stuff.” that exist beyond our walls. This is an Another big part of rankings is the Francine T. Sherman incredibly vibrant and diverse city, and quality of the student body in terms of Clinical Professor and Director of the Juvenile Rights Advocacy Project it would be very odd if the institution their incoming statistics. Students are very didn’t reflect that. The only way we’re focused on the rankings when it comes Recent Publications: With Meda Chesney- going to achieve the kind of excellence we to choosing us, and, frankly, we’re very Lind. “Gender Matters in Juvenile Justice.” all aspire to is if on a human level we’re focused on their scores and grades when New York Law Journal, December 07, 2010. really engaged in a conversation with all it comes to choosing them. So what you Activities: Panelist, “The Place of Young the communities that make up the appli- seek is the broadest possible pool of Women in the Juvenile Justice System,” 17th cant pool and the community of the bar. strong students so you can shape the kind Annual Paul Robeson Conference, “Realiz- of community you want. That means geting Justice: Incarceration, Advocacy, and the Consequences of the Juvenile Justice System,” The law profession is changing, and ting out a message about what is unique Columbia Law School, New York, NY, in there’s a growing emphasis on skills about the experience here. I think a lot April. training. What impact will this have on of what I was talking about in terms of how the law is taught? the kind of community and formation Judith B. Tracy Associate Professor of Legal Reasoning, We’ve got to come up with some seri- experience in a diverse setting will be very Research, and Writing ous plans about what is the appropri- compelling to students. ate way to incorporate skills-based or The other thing is promoting a more Works in Progress: With E. Joan Blum, Mary experienced-based learning into a legal international outlook. I want to be able Ann Chirba, and Elisabeth A. Keller. “What Legal Employers Want…and Really Need.” education. That doesn’t totally relieve to say to students that the education they The Second Draft (forthcoming 2011). the bar of its responsibility as well. The receive at Boston College will give them a training of young lawyers should be a sense of engagement with changes in the Activities: Conference planner and panel partnership between the law schools and profession that are global, with training moderator, Biannual Conference of the New the profession. Maybe this idea that you England Consortium on Legal Writing, BC that they may need to respond to those Law in Dec. walk out of law school and directly into changes. That might involve skills and a job needs some refining. It’s probably learning strategies we may not have used Paul R. Tremblay time for American legal education and in the past. Those kinds of things will Clinical Professor the American legal profession to say, “Is mark us as distinct if we do them well and Recent Publications: With Anna E. Dodson. there a way that we can do something can demonstrate that they are actually “Transactional Legal Services under Model similar to a medical residency, where a having some effect. Rule 6.1.” Essay presented at the American student gets a wage that can support him Bar Association, 2011 Business Law Section, or her reasonably as they move toward Do you plan to work with the faculty Spring Meeting, panel on Providing Legal Assistance to Low-Wealth Entrepreneurs and proficiency?” to narrow the focus of the Strategic Very Small Businesses, Boston, MA, April Plan and establish priorities? 14–16, 2010. Where do you feel BC Law’s real Absolutely. That’s not a decision that the strengths are at the moment? dean can make top-down. I’ve offered Works in Progress: With Steven Blatt, Paula Galowitz, and Jerome Tichner Jr. “Professional The strength of BC is the breadth that some suggestions in the interview process Ethical Rules for Doctors and Lawyers in it offers. I know the Law School is rich and I’ll want to emphasize those things, Interdisciplinary Practice.” In Poverty, Health, in clinical opportunities. And in non- but there will be some interesting and and Law: Readings and Cases for Medical- clinical areas we have strengths across critical thinking to do about teaching Legal Partnership, edited by Liz Tobin Tyler the board. We have so much in place and learning to respond to changes in et al. Durham: Carolina Academic Press, 2011. already. Maybe after I’ve spent some the market and the professional world. Presentations: Workshop on planning for inca- more time, I’ll be able to say, “Well, Global exposure is going to be critical. pacity and the benefits of advance directives, there’s this and that,” but right now The public interest, public service, social Boston College Faculty Staff Development it’s more a question of tweaking, fine- justice dimension of the Jesuit, Catholic Program in March. tuning, talking to the faculty and [seeing mission offers us tremendous opportu- Activities: Panelist, “Providing Legal Assis- if there are] certain programs we want nity. I’d love to be a school that attracts tance to Low-Wealth Entrepreneurs and Very to emphasize as markers of distinction, students who are really passionate about Small Businesses,” American Bar Association because you can’t be great at everything, serving in those kinds of capacities, to say Business Law Section Spring Meeting, Boston in terms of an external view. But you to a student, “Come to Boston College in April. should be excellent across the board in because we are really excited about train- Catharine P. Wells what it takes to provide a rich educa- ing lawyers to go out and serve all of these Professor tional experience. unmet needs.” Recent Publications: “Langdell and the Inven- tion of Legal Doctrine.” Buffalo Law Review What are your thoughts on rankings? We have up to ten spots for new 58 (2010): 551–618. A big part of rankings is whether the faculty. Have you thought about the

46 BC Law magazine | SPRING / SUMMER 2011 kinds of people you want to hire? engaged in this process of the shared goal: Drinan had become a lawyer after his I want to talk to the faculty more, but I building a great law school and achieving Jesuit training, earning both a bachelor’s can say we want to develop young schol- personal things. and master’s in law from Georgetown ars. There’s a lot to be said for bringing in Each of us wants to do great things— Law School. He was ordained in 1953, junior people and developing them. As I someone wants to write a book, someone studied in Florence, Italy, for the period of said, our Jesuit, Catholic mission is about wants to open a center. How can we bring tertianship, and in 1955 began his career community-building, about formation— that all together into something that will at Boston College Law School, becoming and that’s true about our faculty as well. make us all proud and excited to be part of dean in 1956. So let’s take that seriously and go into the this institution and its direction? In a sense, Father Drinan’s fourteen-year dean- market, identifying people with tremen- what we’re all trying to do is to say, “The ship was a period of tremendous growth dous promise, who have done interesting future excites me.” My role is to make sure for Boston College Law School because of things, and help them become great schol- we can keep that excitement moving the the initiatives he undertook. He strongly ars here. Obviously, from time to time we institution forward. I don’t see accomplish- believed that lawyers were “the moral want to bring in someone senior, maybe to ing that by telling people what to do. I’m architects of the nation” and wanted to provide the necessary leadership spark for going to tell them to do some things, but I instill that message in his students. He a particular area, or just generally because want to know how they seek to contribute took a small local law school and turned it’s helping the faculty to realize certain to the vision. That’s why it’s important that it into a nationally respected institution, possibilities. Those are careful choices you we have conversation as a community and one which is known to this day as “Father make based on a more concrete under- that everyone takes ownership of that con- Drinan’s law school.” standing of where the faculty want to go. versation. You said you wanted BC to be It is said that “God works in mysterious this. Well, I’m not going to do it by myself. ways,” and perhaps that was the case with How do you see your relationship What are you doing? I’m hoping that that Drinan. In the late 1960s, he sought the to alumni? model will give everyone an investment in presidency of Boston College but lost out I’m very anxious to meet the alumni. They what we’re doing and the excitement that to a safe choice, Father Seavey Joyce, SJ, are a critical part of this community. In will keep us moving forward. the uncharismatic dean of the management particular, I need to know what our alumni school. The 1960s and 1970s were also the are experiencing, what they’re hearing, After whom do you like to model period of the Vietnam War, a war Drinan and what their sense is of the future of yourself? Did you have a mentor? felt was immoral. So, when a group of the practice. They’re such a critical part of I guess I go back to the people of the early peace activists in Newton approached him expanding opportunities for our students, Civil Rights movement. Not just Martin about running for Congress to represent but also for keeping our ear to the ground Luther King because there were so many the Third Congressional District, he was as an institution as to what’s actually hap- other people who were probably less cel- intrigued. pening out there. ebrated. What I saw there was a movement But the decision would not be his that galvanized people with a goal that to alone. He had to get permission from People have described you as a their parents would have seemed impos- Father William Guindon, the New Eng- consensus builder. How will you use sible. It drew people out of themselves and land provincial of the Society of Jesus, that skill here? allowed them to see beyond what seemed which he did. The Secretary General of If I were going to describe what I hope to possible. And it did it through making the Society of Jesus, then Father Pedro do as a leader, I would put it this way: I people act based on their best and highest Arrupe, was reluctant to give permission will be successful as a leader if I inspire selves. You say you believe in this, well because of his belief, not uncommon in leadership in others. I don’t see being the then act like you believe in it. You say Rome, that clergy should not be involved dean as sitting up above the faculty and that this is what is right, well then do it— in partisan politics. Father Guindon, telling them what to do. I see the dean because it’s right, because you know it’s however, wrote a seven-page letter to as being the central point of focus where the right thing to do, and because it will be Father Arrupe arguing that for Rome to the faculty can come and offer ideas and good for all of us. interfere with an American Jesuit running suggestions—a point of communication. At the end of the day the community is for Congress “would appear as ecclesi- Obviously, decisions will have to be made uplifted. Americans can always look back astical interference with the American and I’ll make those decisions. But I want and say that one of our greatest modern democratic process.” Father Guindon to hear from my faculty what’s important achievements was ridding the society of sought and received the support of other to them, what inspires them, what they racism and segregation nonviolently, by Jesuit provincials in the United States. At find difficult. And I want to use my posi- pushing ourselves to be better, to be the one point, the provincial rejected the idea tion as a means of stimulating them to be kind of people that we said we were. So I coming from Rome that Drinan consider the best they can be. I know that sounds a guess that would be my model. a “qualified exclaustration,” meaning little trite, so let me put it this way. What a temporary leave of absence from the are you passionate about? How can I take priesthood, to run for office. your passion and connect it to our goals as Our ‘Moral Architect’ Drinan supporter Vincent O’Keefe, SJ, a community for making the law school (continued from page 11) Arrupe’s special assistant and former Ford- great? I’m going to give you what I think ham University president, invited Father you need to do, and what are you going Congress, Drinan responded, “Not much.” Drinan to Rome to meet with Father to give back to the community to help us For his part, Cornell thought of Drinan as Arrupe and explain, in person, the reason achieve our goals? So, in a sense, we are “not a nice person. He never smiled.” for his running. Father Arrupe conceded,

www.bc.edu/lawalumni 47 deciding the issue was a local matter. in 1978. The new Pope was not in favor of his role in Congress as a “moral influ- Father Drinan was elected to Congress in of priests holding elective offices and had ence on that body” through all his efforts 1970 and served for a decade. let that be known, especially with regard and in particular his work on the criminal The story in the book of Father Dri- to four priests in Nicaragua. In 1979, at code. He argued for his retention so that nan’s permission to run for Congress a meeting of the American provincials, he could continue the good works, includ- should lay to rest false beliefs that Father the new New England provincial, Edward ing efforts to have the Society of Jesus Drinan disobeyed any order not to run. O’Flaherty, SJ, and Father Arrupe’s Amer- returned to China. But the issue of abor- He remained steadfast to his vow of obe- ican assistant, Gerald Sheehan, SJ, dis- tion plagued him. Father Arrupe, who dience; he was first and foremost a Jesuit cussed Drinan’s future in politics, given could not understand Drinan’s position on priest. Indeed, during his 1974 re-election Father Arrupe’s negative position on Dri- the federal funding of abortion, eventually campaign, when the issue of permission nan. In fact, Father Arrupe had indicated agreed to give him time to extricate him- was raised, then-New England provincial to Father O’Flaherty’s predecessor, Father self from Congress, but that was all. The Richard T. Cleary issued a statement, Cleary, that Drinan had to leave Congress, Vatican’s May 1980 decision was final. “As his present religious superior, I have but he left the timing to Father Cleary. Often misunderstood and certainly granted Fr. Drinan my permission to carry Thus, Father O’Flaherty inherited the Dri- distorted is Father Drinan’s position on on as a member of the US House of Rep- nan problem. abortion. As Father Schroth makes clear: resentatives.” How and why did Father Drinan have Drinan was personally against it; to him, it Looking back on Drinan’s decade in to leave politics? Father Schroth cites a was a sin. But Father Drinan believed that the House, it is difficult to fully compre- number of factors which had less to do such a personal decision should be left to hend that one congressman could have with Drinan personally than with the Jesu- a woman and her physician, not a group accomplished so much in five terms. He its. Among the factors were: the personal- of men in suits sitting in some legislative was considered “the conscience of the ity of the new Pope, the concern in Rome body. He truly respected the person and Congress,” a man whom Father Schroth over the liberalizing tendencies of the Jesu- believed that people have the capacity describes as a “fearless leader seeking its, and what Pope John Paul II saw as the to discern what is best for them. He also what is really the reform of social struc- “secularizing tendencies” of the Jesuits. believed that people should be treated tures.” Drinan’s unyielding position on In America, Father Schroth points out, equally before the law and that neither the Vietnam War and his desire to see it other factors were at work against Dri- gender, financial status, social status, race, end, his leadership in suing the President nan. Cardinal Humberto S. Medeiros of religion, nor ethnicity should define a for the unlawful bombing of Cambodia, Boston was not a Drinan supporter. A person in terms of receiving government his membership on the Watergate Com- more immediate and direct impact was a protection or benefits. mittee, and his participation in Congress’ campaign waged by Congressman Rob- The years following Drinan’s departure efforts to impeach President Nixon would ert F. Dornan, a right wing California from Congress proved to be enormously be enough for three congressmen—but for Republican, against Drinan’s position on productive, even though he was living a one? It is not surprising that Father Dri- the federal funding of abortion. Father less public life. Except to visit family and nan was on Nixon’s Enemies List. Schroth tells of Dornan’s conversation brother Jesuits in the hospital or nursing Yet, there was more, including his with Drinan in the halls of Congress in home, he did not return to Massachu- efforts to reform the federal criminal code which Dornan asked Drinan, “Why are setts, but remained in Washington, DC, and his work on behalf of Soviet Jews. you doing this [supporting the bill] when and taught at Georgetown Law Center. He was a constant force for supporting it is against our Catholic training and He wrote seven books and many articles Israel and fighting anti-Semitism wherever teaching of our Church?” Father Schroth for the National Catholic Reporter and he saw it. For his contribution to those recounts that Drinan made no reply and America. He served as board member and efforts, the Jewish voters in his district saw walked away. The final blow was the sometimes president of major public ser- him as their true friend and advocate, and work of the pro-life forces, in Massa- vice organizations. He was awarded over when Jewish candidates ran against him in chusetts and elsewhere, who worked to twenty honorary degrees from American the district, he beat them one by one. undermine Drinan. Their voices on the colleges and universities, but not from Father Drinan’s career as the first Cath- narrow issue of abortion were heard by Boston College, his alma mater. olic priest elected to Congress essentially Pope John Paul II when he visited Boston On January 27, 2007, Father Dri- ended on May 3, 1980 when Pope John on October 1, 1979. nan died in Washington, DC. He had Paul II, the Polish pope who had been Previously, Drinan had been able to two funerals, one there and the other at instrumental in bringing about dramatic “file away the issue of the three-way St. Ignatius Church at Boston College. political changes in his own homeland, relationship between abortion, his priest- Using any standard, his eighty-six years decided that Drinan must not stand for ly identity, and his role in Congress,” had been remarkable. No doubt he had re-election. Drinan immediately agreed to according to Schroth. However, earlier in fulfilled the prophecy in his high school comply with the directive. The decision 1979, prior to the Pope’s visit and when yearbook as “the most likely to succeed.” was supported by Father Arrupe, who the issue of Drinan remaining in Congress But, it is hard to imagine that he had ever on May 5, 1980, thanked Drinan for his already was being discussed in Rome, Dri- contemplated the life he was to lead when compliance with the wishes of the Pope. nan attempted to persuade the Secretary he waited for that train to Shadowbrook The seeds for Father Drinan’s being General of the Society of Jesus that he sixty-six years earlier. That life is the sub- forced to leave Congress were sown in should remain in Congress. On April 10 ject of this wonderful biography. 1979, a year before the announcement in that year, Drinan wrote to Father Arrupe —Sanford N. Katz, Rome. Pope John Paul II was elected Pope a long letter emphasizing the importance Libby Professor of Law

48 BC Law magazine | SPRING / SUMMER 2011 The Myth of Choice of that choice. Except when she is not. Bribery Act went into effect in April of (continued from page 17) Sometimes we respect the choices of indi- this year and boasts some tenets that reach viduals, and sometimes we do not. The even further than the FCPA. around the country objected on the basis law frequently fixates on the question of “In general, I think enforcement will that the military refused to sign a pledge consent as the only controlling legal issue. grow exponentially,” says Feeley, who (which all other employers were required At other times it dismisses consent as joined his current firm in April 2007 to sign) that they would not discriminate beside the point. and made partner in February of last against students on the basis of race, sex, Choice is the elephant in the room, year. “Here in the US, the DOJ has hired disability, religion, or sexual orientation. whether we are discussing money, sex, a number of prosecutors committed to Because it discriminated against gays and politics, or crime. Yet we don’t recognize FCPA work. The SEC recently restruc- lesbians under the “Don’t ask, don’t tell” it, much less understand it. tured and part of that was setting up units policy (now repealed), the military refused committed solely to FCPA investigations to sign the pledge, and the law schools The Myth of Choice is available for pre- and enforcement actions. If you look wanted to restrict their recruiting on cam- order now at Amazon.com. at the number of cases that have been pus. The schools sued, using an organiza- brought over the last ten years, year-to- tion I helped create called the Forum for year, and the size of the fines, it’s clearly Academic and Institutional Rights (FAIR) On the Take a priority.” as the plaintiff. We argued that the uni- (continued from page 21) To wit, a January 2011 story in the versities had a free speech right to exclude Wall Street Journal detailed an ongoing the discriminatory recruiters, even if they The federal probe and proceedings tar- SEC investigation into whether US banks were part of the government. We also geting TSKJ endured seven years. All and private-equity firms violated bribery argued that it made no difference that the four entities elected to settle, consenting laws in their dealings with sovereign- requirement to allow recruiters on campus to a variety of criminal fines, civil finan- wealth funds, which are investment funds came not as a direct command but as a cial disgorgement penalties, and different owned and generally operated by overseas condition of funding—a threat of a fund- prosecution agreements. Tessler was one governments. Such funds have invested in ing cutoff was coercive, too. Over several of multiple parties who were prosecuted both private-equity managers and the big- years, we fought the case all the way to the individually and hit with massive penal- gest Wall Street firms over the past several Supreme Court. ties. years. In the oral argument at the Supreme KBR played ball first, agreeing in Feb- “There are definitely trends emerging,” Court, the question of whether condition- ruary 2009 to pay a $402 million penalty notes Feeley. “The government has made ing the funds amounted to compelled and disgorge $177 million in profits. In clear it’s going to target specific under- speech was front and center. Our attorney June of last year, Technip consented to takings. Oil and gas and the infrastruc- argued that cutting off millions of dollars a $240 million criminal fine and a $98 ture around it are always an easy target to a university amounted to a punishment million disgorgement penalty. A month because you have government permit- for exercising its speech rights. Chief later, TSKJ’s Dutch entity, Snamprogetti ting and so forth. More recently, they’ve Justice John Roberts was not convinced, Netherlands, paid a total of $365 million looked at the pharmaceutical industry and saying that the statute “doesn’t insist that in fines and penalties. Japan’s JGC Cor- the financial services industry.” you do anything. It says that, ‘If you want poration was the last to fall, agreeing to Though more than half his current our money, you have to let our recruiters pay a $218.8 million criminal penalty in practice is general commercial litigation, on campus.’” April 2011. Feeley owns a passion for international The Supreme Court eventually decided According to the DOJ, the $1.5 billion matters and, in particular, FCPA enforce- against us, but it sidestepped the question in total fines imposed on the joint ven- ment. As part of the TSKJ settlement, of whether the threat of a funding cut- ture exceeded the consortium’s profits in some defendants agreed to retain an inde- off amounted to compulsion. It decided executing the NLNG contracts. And, there pendent compliance monitor to review the case on different grounds, saying are clear indications that the settlement the design and implementation of their that the statute requiring universities to wasn’t just an isolated home run swing internal FCPA compliance programs mov- allow recruiters on campus was not about by law enforcement. Though the FCPA ing forward. Feeley points out that the speech but behavior. This was a dubi- has been on the books since 1977, legal compliance vein is a core piece of any law ous distinction, and the Court still lacks actions under the statute by the Depart- firm’s FCPA practice in this new era of a clear rule about when the government ment of Justice and the Securities and enforcement. can condition government benefits on the Exchange Commission are at a historic This type of prophylactic counsel recipients’ giving up speech rights. The high. Of the top ten FCPA settlements involves drafting and updating corporate question of choice is still alive. by corporate defendants in terms of dol- compliance programs, training personnel, In these examples and many others, lar amounts, all of them have come since and developing tools for internal oversight free choice is often the key issue in the 2007. and for vetting and monitoring consul- debate. What is choice, who has the right The US is the bell cow in anti-corrup- tants, distributors, and agents relative to to choose, and what power does choice tion oversight, but international coopera- FCPA compliance. have? Usually, if a person agrees to some- tion has spiked in recent years, making an “Any multinational company associ- thing—if a person makes a choice—she is increasing number of multinational cor- ated with the US needs to develop and considered to have accepted the respon- porations subject to cross-jurisdictional, implement a compliance program,” says sibilities and to bear the moral burden anti-bribery investigations. The UK Anti- Feeley. “For US companies, we advise a

www.bc.edu/lawalumni 49 separate policy for each at-risk area of largely ineffective at sheltering states from that there is one perfect solution to the operation.” recessions. RDF problem. Instead, we start with first Another key component of FCPA prac- We propose to remedy these problems principles, attempting to diagnose more tice involves mergers-and-acquisitions by designing a set of federal incentives to precisely the political failures that doom screening of corporate entities for sale encourage states to actually deposit signifi- rainy day funds, and suggesting alternative to ensure the company is free of FCPA cant sums in their rainy day funds (RDFs), sets of solutions for each possible failure. violations, lest the buyer assume potential and to leave the money there until a The central diagnostic problem in liability. Sellers proactively self-screen to genuine fiscal emergency. Given the stakes designing a federally supported RDF pro- make companies more attractive to poten- for the national economy, and the collec- gram is that it is unclear whether the tial suitors. “There are lawyers who handle tive action problem facing states, federal current state failures are attributable to both ends of that business full-time,” says intervention is both merited and necessary. individual voters, state officials, or both. Feeley. Moreover, the problem in the United States As we noted, there are good reasons to Naturally, defending enforcement is one largely of the federal government’s think both groups are biased in favor of actions remains central to any litigation making. By devolving an increasing share spending over savings. But there are also department’s FCPA business: conducting of social insurance functions to states over plausible theoretical arguments that either an internal investigation to discover facts, the last two decades, Congress has ren- one might actually be willing to save. Eco- issuing a report for the client, advising dered these programs increasingly vulnera- nomic theory suggests that state budget on a legal stance and, if the decision is to ble to the fiscal vicissitudes of the states—a surpluses should increase home values, settle, negotiating with the government for vulnerability that the national government, providing an immediate financial reward resolution. In an age where the devil folks with its indifference to exit pressures and at least for homeowners in responsible know is usually a negotiated settlement, vastly superior borrowing capability, does states. Similarly, studies find that RDFs Feeley believes the value of a robust com- not share. improve a jurisdiction’s credit rating, low- pliance program can’t be understated. Surprisingly, despite the depressing rep- ering borrowing costs, and thereby freeing “The compliance component is so etition of budget crashes and the theo- up extra funds for officials to spend in the important,” he says. “If a violation is retical consensus in favor of rainy day short term. uncovered and the government is inter- funds, there is almost no scholarship in Identifying the sites of the political ested in pursuing it, having a robust and any discipline on how to design an RDF failures is important because it allows for appropriate compliance program in place system that would actually work. One better design of federal policies encourag- will go a long way in helping you as you official at the Federal Reserve has written ing savings. For instance, if officials are the present your case for punishment.” a brief conference paper proposing that sticking point, a federal policy that gave TSKJ must instead live with having left states might set up a shared pool of emer- immediate political rewards to officials, itself defenseless. gency funds, and recently some European such as unrestricted grant funds, might flip scholars have begun to think about how to the state officials’ incentives and trigger Chad Konecky is a contributing writer to encourage EU nations to reduce their need significant RDF utilization. On the other this magazine. His last Great Case was for future bailouts. These are good starting hand, if voters are the problem, giving “Facing Down the Phalanx” in the Fall/ points, although ultimately both have seri- grant funds to state officials would simply Winter 2010 issue. ous flaws. Most significantly, since each be wasteful; in that case, subsidies must state bears only some of the cost of deplet- be delivered to the voters, such as through ing the residual fund, each has an incentive a federal tax deduction set to the taxpay- Scholar’s Forum to over-rely on the pool. And, since each er’s per-capita share of the state’s annual (continued from page 39) knows the others have that incentive, they amount saved. all are likely to race to be the first to get It is also useful to understand why a reserve they can draw on when times get their money out, a phenomenon known particular failure happens. For example, tougher. Just as families save for retirement (aptly enough) as the common-pool prob- we argue that the nature of present-bias and insure against disasters, governments lem. allows for the design of psychologically should “smooth” their revenues over time, Other scholars have examined which informed policy tools that could flip bias giving up some government services when features of state RDFs make them slightly against itself. Thus, we suggest letting those services are less urgently needed to less useless than others. But as we have just states “save more tomorrow,” as Richard ensure that the bottom doesn’t fall out noted, states have little incentive to adopt Thaler and Cass Sunstein (in their book, when they are. policies that would actually force them- Nudge) have proposed for individual sav- Unfortunately, studies find that sav- selves to save. Federal intervention is likely ings towards retirement. “Present-biased” ing, too, hasn’t worked out well. States needed, yet there has never been any prior officials will discount both the future costs can’t save for the same reason they bor- analysis of how federal intervention could of savings as well as the rewards. That is, row excessively: Savings means giving up facilitate state savings. they are more willing to pay if they don’t benefits today in order to reduce the pain As a result, our effort here is in many need to pay until later. For example, they of tomorrow. Even if some officials do ways preliminary, in that we hope that may be willing to agree now to save later, manage to put money aside in their “rainy ours will be only the first of many efforts since they likely believe someone else will day fund,” future officials may raid the towards designing an efficacious RDF sys- be in office by the time savings have to fund for their own purposes. As a result, tem. Because there is still much the schol- begin. Similar kinds of tools can also work it is unsurprising that empirical studies arly community does not know about why at the individual level. By offering incen- have shown existing rainy day funds to be RDFs fail, we cannot confidently claim tives that appeal differently to impatient

50 BC Law magazine | SPRING / SUMMER 2011 www.bc.edu/lawalumni 50 voters and voters who are willing to save, both nations by jeopardizing their ongoing fundamental freedoms. Article 3 of the federal officials could more easily identify relationship. Three, the law may not be Declaration states that “everyone has the those who oppose savings policies and tar- clear and could lead to an uncertain result. right to life, liberty, and security of person,” get incentives towards them. To illustrate why China should not take while Article 5 states that “no one shall be Again, though, savings are only half this case to the court and why the court subjected to torture or to cruel, inhuman, the story; there must also be mechanisms probably would not agree hear it—even or degrading treatment or punishment.” for protecting RDFs against premature assuming it could assume jurisdiction—it is The Philippine government’s handling of “raids,” so that money is available when necessary to study three factors relating to the crisis raises questions about whether a recession hits. Accordingly, we also the incident. Articles 3 and 5 were violated because, as consider the pros and cons of several alter- First, the fact that non-adjudicatory several experts have noted, poor negotia- native methods of restricting RDF with- dispute-settlement approaches might be tion skills and the poorly equipped SWAT drawals. Allowing states to control their openly judgmental is not a strong reason team subjected the hostages to unnecessary own funds, subject to federal approval of for China and the Philippines to avoid tak- trauma, which led to the eight deaths. Nev- the state plan or federal penalties for early ing the dispute to the ICJ. The bus hijack- ertheless, the Declaration’s standards are withdrawal, might permit more flexibility ing drew worldwide attention. Hence, the not robust and detailed enough to allow and innovation. But it also opens the door Philippine government should be willing to the ICJ to adjudicate the dispute. The to rent-seeking and the pathologies of state deal with the dispute openly. Philippine government’s actions might be budgeting. Alternately, granting control to Second, rather than jeopardize rela- construed as ordinary negligence or gross federal officials can insulate RDFs from tions between Hong Kong and China negligence, but not necessarily as human state politics, but at the cost of particular- and the Philippines, adjudication might rights violations. Although negligence and ized information about state needs. The well improve them by breaking a chain human rights violations are by no means ideal tradeoff therefore is hard to identify of human rights abuses. The tragedy was mutually exclusive, the lack of detailed in the abstract; society will have to experi- arguably fueled by the Philippine govern- international legal standards likely would ment with different rules until we get it ment’s refusal to provide Mendoza a fair pose tremendous difficulties for the court. right. The key is to be willing to take the hearing, which subsequently led to his Rather than an accepted resolution, such first step. abuse of the rights of the bus passengers an inquiry might produce only greater and to the police force’s alleged inhumane uncertainty and further disputes. This piece is based on the authors’ article, treatment of them as it attempted to cap- One must note that the International “Beyond Bailouts: Federal Tools for Pre- ture Mendoza. Taking the dispute to the Convention against the Taking of Hostag- venting State Budget Crises,” forthcoming ICJ could end the Hong Kong public’s cur- es, to which both China and the Philippines in volume 86 of the Indiana Law Journal. rent animosity toward Filipino citizens as are signatories, could let China take the well as minimize its anger that sometimes dispute to the ICJ, but this method would has been directed against the many Filipino be both difficult and indirect. Article 16, In Closing domestic workers in Hong Kong—who paragraph 1, states that if the parties have (continued from page 60) had nothing to do with the case. Ending failed to settle on the interpretation or this misdirected anger seems especially application of the convention by negotia- in this case. President Aquino has been urgent because the forced repatriation tion, then one party can ask that the case unresponsive and evasive, while the Hong of newly fired Filipino domestic workers be submitted to arbitration; if they are Kong and Chinese governments have vac- would create an additional economic bur- unable to agree on how to organize arbi- illated between low-key diplomacy and den there and perhaps aggravate human tration within six months, either party may expressions of anger and dissatisfaction. rights problems. By investigating the ques- refer the dispute to the ICJ in conformity Through adjudication, the Philippines tionable conduct of Filipino negotiators with the Statute of the Court. A key article could avoid the embarrassment of having and the SWAT team and by rendering a that would apply is Article 3, which states to admit to any additional wrongdoing decision that properly compensates victims that the government of the territory where by its officials, while the Hong Kong and and their families, adjudication by the ICJ a hostage is held “shall take all measures it Chinese governments could avoid the dip- could produce a decision helpful to all con- considers appropriate to ease the situation lomatic risks of blaming Manila directly. cerned and create a win-win situation. of the hostage, in particular, to secure his In addition, the World Court might resolve Although the first two factors seem release and, after his release, to facilitate, arguments about the SWAT team’s assault, to weigh in favor of doing so, the law’s when relevant, his departure.” which involve complex technical issues uncertainty—or, to be more precise, the The Philippine government seeming- concerning its poor equipment, how the lack of detailed, robust international legal ly violated Article 3 by failing to take victims were killed, and whether the young norms—is a strong factor weighing against “all measures it considers appropriate” to boy who was hurt was injured by a gun- trying to use the ICJ. secure release of the hostages. It accused man’s bullets or by police sledgehammers. Apparently, if the court has compulsory the Manila Chief of Police of failing to use It must be emphasized that adversarial jurisdiction over a case, the dispute can be a better equipped (and available) police adjudicatory processes remain very much adjudicated on the basis of human rights commando unit to storm the bus and res- the exception, not the norm, in interna- norms specified in the Universal Declara- cue the victims. Moreover, the government tional relations, for several reasons. One, tion of Human Rights. Drafters of the UN has not explained its reasons for arresting adjudication can be openly judgmental Charter declared its purpose to be not only Mendoza’s brother during the crisis, the by labeling one party a lawbreaker. Two, maintaining peace and security, but also move that triggered the shooting. This sug- such a judgment could be detrimental to promoting respect for human rights and gests it did not agree with Hong Kong and

www.bc.edu/lawalumni 51 China on a definition of “appropriate measures” and the interpretation and application of Article 3 in this case. Therefore, Bei- jing could act under Article 16 and request Stay in Touch that the case be submitted to arbitration; if Please send your news an agreement about arbitration procedures for the Fall/Winter issue by is not reached within six months, China October 15. could then refer the case to the ICJ. This method might seem workable but is quite Fax: 617-552-2179 indirect and, as in the alleged violations Email: [email protected] of human rights, would not necessarily US mail: 885 Centre Street, Newton, MA 02459-1163 provide the ICJ with clear guidelines for resolving the dispute. Career It remains to be seen how the case will be resolved. One must say, however, that despite the instinctive appeal of using the International Court of Justice, it might be Personal more effective if the Chinese and Hong Kong governments pursue their claims via diplomatic channels and avoid legally complex international tribunals.

Amy Lai developed this paper for Professor Name David Wirth’s International Organizations (first) (last) (maiden, if applicable) seminar. A version of this article appeared Business Address in the Hong Kong Journal (www.hkjour- (street) nal.org) and another is pending in the International Lawyer. (city) (state) (zip)

Title Phone

Email Class year Do You Have a

BC Law Love Story? Address change? o yes o no o Please check here if you do not want your news in Esquire, the alumni class notes section.

In the magazine, I would like to read more about

• Did your study partner become your life partner? • Did your law review colleague become your spouse? • Did your dreams of becoming a lawyer include marrying one?

We’d like to hear your story.

Please contact editor Vicki Sanders at 617-552-2873 or [email protected].

52 BC Law magazine | SPRING / SUMMER 2011 The Importance of Annual Giving by marianne e. lord, associate dean, office of institutional advancement

To date in this report we have touted the big gifts aside some portion of their fortunes to establish founda- and the wonderful new endowments that ensure the fu- tions with funds that are there when the combination ture strength and flexibility of our Law School programs of opportunity and need arises. Such capital stokes the and that will enhance scholarship assistance, public in- flames of great ideas, bridges the gap between talent terest stipends, faculty research, and loan repayment in and achievement, and opens the path to careers charac- the years to come. A fully funded endowment commit- terized by altruism. It is direct and it is immediate and ment of $1 million would produce at Boston College ap- the success it generates inspires even greater giving and proximately $50,000 each year in support of those pro- achievement. grams. A mature annual giving program could produce Every alumnus, parent, faculty, staff, and friend who $3 million-plus to be spent in full on such programs each has made a contribution to the annual giving program year. It would take $60 million in endowment funding deserves credit for inspiring those things at BC Law. to generate such annual support. The accompanying Law School Fund chart shows the A little more than halfway through the Light the progress you have made in annual giving from 2002 World Campaign, readers of this report have become ac- through 2011. The books are not yet closed on 2011, but customed to seeing the charts of our progress. However, expendable gifts this fiscal year have already exceeded what we have not yet focused on is the pipeline of an- $2.4 million, including an unprecedented expendable nual support that allows for immediate and significant contribution of more than $800,000 to Loan Repayment investment in human capital. That is the Law School’s Assistance from the Arbella Foundation and friends. annual giving program, known as the Law School Fund. Because of increases in annual giving commitments To date, $9,377,019 of the campaign total is made up throughout the campaign, Loan Repayment Assistance of expendable gifts to the Law School Fund and to other has risen from $180,000 and 53 recipients in 2006 to expendable purposes that are put to use immediately $459,000 and 95 recipients in 2011, scholarship assis- for the purpose of scholarship assistance, loan repay- tance has doubled, and faculty research grants have ment assistance, and innovative programs not yet fully expanded. Programs such as the Community Enterprises budgeted. Clinic at LAB have been established, and PILF stipends All of our alumni and friends who have made contri- have increased substantially. butions to the annual giving program can be compared Boston College Law School is a stronger, more nimble to the country’s greatest philanthropists who have set place, thanks to all of these efforts.

The Law School Fund The Law School Fund FY11 Expenditures $2.0M

$1.5M Other 6% Summer Stipends 17% $1.0M PILF 5% LRAP $.50M 6% Scholarship 66%

$0 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11

www.bc.edu/lawalumni 53 D inner for Bellotti Completes Gift notables, friends take arbella past $3 million mark

crowd numbering nearly 700 and including a number of dignitaries filled the Sea- A port Hotel Ballroom on February 17 for the bc law campaign a dinner honoring former Massachusetts Attorney committee General Francis X. Bellotti ’52. The event in Boston was part of the Arbella Honorary Insurance Group’s fundraising initiative to cre- Senator John Kerry ’76 ate the Francis X. Bellotti Loan Repayment and Representative Edward Forgiveness Program. Bellotti is vice chairman of Markey ’72 Arbella’s board. The gift, $2 million from Arbella Thomas Reilly ’70 in January, and over $1 million from Bellotti’s col- Warren Rudman ’60 leagues and friends—most of it raised at the dinner—funds in perpetuity BC Law’s program for Representative Robert graduates in modest-paying public service jobs. “Bobby” Scott ’73 Among the public figures in attendance were former US Congressman William Delahunt ’67, Chairs/Co-Chairs former Massachusetts Governor William Weld, John Boc ’74 and former Vermont Attorney General and Chief David Donohue ’71 Justice of the Vermont Superior Court Jeff Amestoy, all of whom spoke warmly— Christopher Mansfield ’75 and sometimes humorously—about their long years of friendship with Bellotti. Fellow BC Law alumni included R. Robert Popeo ’61 of Mintz, Levin, Cohn, Ferris, David Weinstein ’75 Glovsky, and Popeo, and John T. Montgomery ’75 of Ropes and Gray. John Donohue, Arbella chairman and CEO and a driving force in the fundraising Members effort, chronicled the history of Bellotti’s role in creating and guiding Arbella through John Bronzo ’74 challenging times. Joanne Caruso ’86 But the last word was reserved for Bellotti’s son, Norfolk County Sheriff Michael James Champy ’68 Bellotti, who amused the gathering with tales of growing up as one of twelve children Kevin Curtin ’88 of a driven father, but one who always found time to do the right thing by others. The Arbella gift is the second largest in the Law School’s history. Barbara Cusumano ’08 John Hanify ’74 Donald Keller ’82 Michael Lee ’83 Capital Campaign Progress Joan Lukey ’74 GOAL John Montgomery ’75 $50 Jeanne Picerne ’92 Michael J. Puzo ‘77 40 Joseph Vanek ’87

20 Dollars in millions

0 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15

Total by year

54 BC Law magazine | SPRING / SUMMER 2011

2010 Reunion Giving Report Illustrations by Andre da Loba

Reunioners Sow Law School Growth 2010 Reunion Campaign Sets Attendance, Gift Participation Records

hank you to alumni from the classes of 1960, 1965, 1970, 1975, 1980, 1985, 1990, 1995, 2000, and 2005 for their participation in the 2010 Reunion program. Faculty, staff, and current students welcomed back a record-setting 525 alumni and guests to Reunion TWeekend events in October. Highlights of the weekend included the annual Black Alumni Network meeting, a Class of 1985 panel on the topic of “Reinventing Lives and Careers after Lawyering,” the annual Half Century luncheon to honor alumni from the classes of 1932–1960, and the main event, class dinners on Saturday evening at the Ritz-Carlton in Boston. The weekend also featured several events on campus in conjunction with the Alumni Association’s annual Alumni Assembly meeting, including a faculty lecture on “The Future of the Legal Profession” by Professor William Henderson of the Indi- ana University Maurer School of Law. a record-setting 83.5 percent of alumni who returned to celebrate Reunion Weekend also demonstrated their class loyalty by making a reunion gift, a 4 percent increase over the previous year. In total, the Reunion Giving Campaign raised $1,458,332 from 35 percent of reunion alumni, thereby setting a new record for reunion gift participation (an increase of 35 donors above the previous record). special recognition also goes to the classes of 1970 and 1985. The Class of 1970, chaired by Meg Connolly and Andy McElaney, raised $359,940, the greatest total of gifts/pledges from any 2010 reunion class, thereby earning them the 2010 Reunion Giving Cup. The Class of 1970 also achieved the greatest alumni donor participation for any 2010 reunion class (at 55 percent), thereby earning them the 2010 Legal Eagle Spirit Award. The Class of 1985, chaired by Renée Landers, David McKay, and Mark Michalowski, and with significant leadership from Margie Palladino, who created class newsletters and a formal class yearbook, set a new record for Reunion Weekend attendance, with an unprec- n O verall Campaign edented 105 classmates returning for their 25th reunion. total: $1,457,097 Thank you to the hundreds of reunion alumni who honored their reunion by making gifts and pledges to the Law School. Gratitude n 35% participation also to the reunion committee volunteers and to Kevin J. Curtin ’88, the Reunions and Classes Alumni Board liaison, for their significant n New record! investments of time and effort to personally re-engage their classmates with each other and BC Law. Robert E. McGinness Committee Co-Chair Paul F. Lorincz Hon. Edward F. Donnelly 1960 Paul J. McNamara Joseph P. McEttrick Joseph C. Maher Neil S. Ende 50th Reunion Arthur P. Menard Michael J. Mellen Robert Mangiaratti Jack H. Fainberg Class Gift Total: $28,790 Robert J. Muldoon David S. Mercer Christopher C. Mansfield Lawrence E. Fleder Participation: 46% Peter J. Norton The Honorable Richard T. Ronald C. Markoff Peter C. K. Fong Hon. Richard W. Norton Moses Pamela Basamania Marsh Jonny J. Frank Philip T. Breen Kevin L. O’Brien Vincent A. Murray Kathleen F. McCarthy Jeffrey D. Ginzberg Brian T. Callahan Stuart L. Potter Joseph E. O’Leary Larry J. McElwain Jane Climenko Gottschalk Joseph Ciccia Paul V. Reynolds Terence P. O’Malley Terence A. McGinnis William L. Green Richard W. Coleman Nick Soloway Edward M. Padden John J. McHale Gary R. Greene Hon. Dominic F. Cresto Thomas H. Trimarco Alan K. Posner Catherine D. McMahon Steven S. Greenzang Richard E. Daly Stanley M. Poster Hon. Richard B. McNamara Tren J. Griffin Peter A. Donovan Thomas F. Reilly Ruth E. McNiff Carol A. Gross Marcel Charles Durot Gary B. Richardson Michael H. Miller Thomas R. Hanna David B. Finnegan 1970 Norman C. Sabbey John T. Montgomery Rita Whaley Hanscom Joseph E. Fiore 40th Reunion Anthony B. Sandoe Daniel F. Murphy Paul J. Hartnett Robert A. Gorfinkle k Class Gift Total: Richard J. Schulman Kathryn Cochrane Murphy Joseph M. Hinchey Hon. Edward F. Harrington $359,940 Walter R. Smith Philip E. Murray Blake Hornick Robert F. Jakubowicz (40th reunion record) Kurt M. Swenson Marshall F. Newman Constance S. Huttner John F. Keenan k Participation: 55% Joseph C. Tanski Bruce A. Nicholson Stephen J. Imbriglia E. Paul Kelly (40th reunion record) Michael C. Towers J. Norman O’Connor Ann Kendall Hon. Joseph Lian Jr. Michael J. Addis Hon. Mark W. Vaughn Jeffrey A. Oppenheim Catherine Norman Keuthen Hon. William A. McCarthy Victor A. Aronow Stephen W. Webster Clifford Orent James H. Lerner, Hon. Robert C. McGuire Michael R. Berlowitz Mark L. Ostrovsky Committee Co-Chair Robert E. McWalter Louis B. Blumenfeld Kathleen King Parker Janet H. Magenheim Elwynn J. Miller Richard S. Bowers Stephen Parker Michael F. Magistrali Daniel J. O’Connor Charles J. Bowser 1975 George E. Pember James E. McDermott, Philip W. Riley 35th Reunion James J. Brennan Marcia Allara Peraza Committee Co-Chair Bruce N. Sachar Class Gift Total: $289,495 Thomas S. K. Butler Kevin P. Phillips Richard G. McLaughry Francis J. Shea k Participation: 43% Hon. Andrew J. Chwalibog Kenneth S. Prince Robert C. Mendelson Allan B. Solomon (35th reunion record) Robert C. Ciricillo Hon. William P. Thomas Paul Millott J. Owen Todd, Committee Stephen D. Clapp Susan P. Adler Robinson III John N. Montalbano Chair Gerald S. Cohen Jan Akre Charles F. Rogers Janet Wilson Moore Kenneth T. Weafer Robert S. Cohen Berndt W. Anderson Carolyn T. Ross Gary B. O’Connor Mary M. Connolly, William T. Baldwin Stephen R. Rubenstein Thomas O’Halloran Committee Co-Chair David M. Banash James L. Rudolph David J. Oliveira 1965 Thomas A. Coughlin Kevin B. Belford Kathleen E. Shannon Jane Serene Raskin 45th Reunion Thomas M. Cryan Larry E. Bergmann Donna M. Sherry, James F. Raymond Class Gift Total: $24,100 Michael J. Dale Michael J. Betcher Committee Co-Chair James R. Repetti Participation: 31% Edward J. Dimon Howard W. Burns Eugene A. Skowronski Susan L. Repetti Christopher E. Doyle Hon. Elizabeth Butler (Ret.) Howard Jay Alperin Barbara J. Stedman Fradique A. Rocha Claire Fallon Paul F. Callan Constance Jane Betley William S. Stowe Michael Roitman John M. Farrington Robert B. Carpenter Edward M. Bloom David S. Strauss Nathaniel M. Rosenblatt Peter W. Fink Ann Clarke Alan A. Butchman Robert E. Sullivan Linda J. Sanderson Edward L. Finn Daniel C. Crane, Thomas J. Carey Michael J. Vartain Prof. Mary Lou Savage Eugene P. Flynn Committee Co-Chair Rae B. Condon Thomas R. Ventre Hon. Robert N. Scola Jr. David Thomas Gay Elizabeth A. Deakin James J. Coogan David C. Weinstein Douglas D. Scott Charles B. Gibbons Jaffe D. Dickerson Joseph L. De Ambrose Jeffrey M. White Larry G. J. Shapiro James S. Goldberg Robert F. Dore John F. Dobbyn Carolann Kamens Wiznia Francine T. Sherman Marc J. Gordon Shelley McIntyre Draper Thomas J. Dorchak Robert J. Zapf Winthrop A. Short Frederic N. Halstrom Howard L. Drescher Joseph Engler Debbie-Ann Sklar Gerald A. Hamelburg Ellen Mattingly Driscoll Sidney P. Feldman Jeffrey B. Sklaroff Mark P. Harmon Randolph H. Elkins George M. Ford Roger W. Smith Edward P. Henneberry Steven B. Farbman 1980 Hon. Douglas R. Gray 30th Reunion Dana J. St. James Donald C. Hillman Thomas J. Flaherty Frank E. Green Class Gift Total: $348,915 Mark W. Stockman Richard J. Hindlian Thomas E. Fleischer Paul R. Lawless Participation: 29% Alan R. Stone Frances X. Hogan Stephen K. Fogg, Robert G. Lian Richard E. Tejera Fred Hopengarten Committee Co-Chair Mark J. Albano Richard F. Locke Steven A. Wilcox Justin P. Hughes James A. Frieden Hon. Paul J. Barbadoro William J. McDonald Nancy R. Wilsker Paul M. Kane Kevin P. Glasheen Thomas A. Barnico John F. McDonough Dion C. Wilson Stephen J. Keating Wendy S. Harrison Ada-Maria A. Barry Douglas Wayne Wright Hon. Peter J. Kilmartin Bruce A. Haverberg Madeline Mirabito Becker Joseph M. Kozak Mary Ann Higgins Kathleen C. Caldwell key Willard Krasnow Ruth S. Hochberger Eva H. Clark k = Record for Edward J. Krisor Hon. Ellen S. Huvelle Foster Jay Cooperstein 1985 25th Reunion highest Hon. Robert F. Kumor Robert P. Joy Mary E. Corbett Class Gift Total: $263,117 participation Gary P. Lilienthal Richard G. Kent Louise Richter Corman Participation: 49% or largest Peter G. Marino Betty Kornitzer Michael S. Delucia class gift James F. McConville Susan Kagan Lange Lidia B. Devonshire David M. Abbey Andrew J. McElaney, Anne Maxwell Livingston Brian J. Donnell Alicia Alvarez

www.bc.edu/lawalumni 57 Nancy A. Armstrong Kathleen C. McCabe Debra Wong Yang Michelle R. Peirce Karen Lane David L. Arons James G. McGiffin Audrey L. Yee Stephen Joseph Pender Edouard Charles LeFevre Christopher A. Bandazian Lisa M. McGrath Maribeth Petrizzi, Sandra Lespinasse Dianne M. Baron Rebecca P. McIntyre Committee Co-Chair Michael Alan Lewis Steven N. Berk David A. McKay, 1990 Deirdre O’Connor Quinn Jylene Marie Livengood Amy S. Berlin Cook Committee Co-Chair 20th Reunion Frank T. Ravinal Emily Powers Lori Mark W. Bloom Daphne G. Meredith Class Gift Total: $87,645 Amy Dwyer Ravitz Shannon M. Lynch, Esq William T. Bogaert Mark C. Michalowski, Participation: 34% Karen Marie Reetz Pamela B. Lyons Paul E. Bouton Committee Co-Chair John Charles Reilly Douglas John McDermott Susan E. Bow Peter M. Michelson Oliver F. Ames Jr. Joshua D. Rievman Joseph P. Mingolla Toby G. Brink David T. Miele Timothy F. Anderson Maria C. Rodriguez Lisa Nalchajian Mingolla Sen. Scott Philip Brown Tracy A. Miner Albert P. Bedecarre Steven M. Roses Elizabeth Madden Mirabile Stephen A. Caldara Darrell Mook Ivelisse J. Berio LeBeau Lori A. Rutledge Nicole Shurman Murray Barbara A. Cardone Randy T. Moore Allison F. Blackwell Deborah C. Segal Vicente Matias Murrell Joanne E. Caruso Laura A. More Steven L. Brown Laura Ryan Shachoy Dana Ng Michael J. Catalfimo Harriet Moss Diane Bunt Power Brenda Ruel Sharton Susan J. Nock Curtis B. Ching Michelle A. Mullee Timothy J. Byrne Benjamin Sison John D. Norberg Robert Earle Cleaves Carol G. Mullin Thomas M. Camp Judith A. Solomon John G. O’Neill Kimberly M. Collins Fritz Neil Kerry A. Congdon Charles Lorin Solomont Lisa M. Ortiz Michael J. Colucci Mary A. O’Connor Wilson Colleen A. Conry Daniel C. Stockford Denise Ann Pelletier Carol M. Connelly William P. O’Donnell Paula G. Curry Vera Sung Philip Privitera, John Phillips Connelly Michael F. O’Friel Joseph P. Curtin, Rajaram Suryanarayan Committee Chair Richard Placido Consoli Herbert G. Ogden Committee Co-Chair Thomas C. Walsh A. Paul Rimas Brian R. Cook Deborah Anne O’Malley Monique D. Donovan James M. Wilton Ana M. Rivera Mark C. Cowan Julia K. O’Neill Patrick Donovan Jill Rizzotti David P. Curtin Susan Antonio Pacheco Brian C. Dunning Steven Marc Rosenthal Josephine Ragland Darden Jonathan W. Painter Carol Ann Dunning Ingrid C. Schroffner Bonnie Belson Edwards 1995 Judith A. Davidow Robin A. Painter 15th Reunion Alexis H. Shapiro Stephen E. Ferrucci Melissa M. Der Margaret J. Palladino Class Gift Total: $25,755 Mathieu Shapiro Marilyn French Jean-Charles Dibbs Jennifer A. Parks Participation: 28% Catherine Sheehan Bruno Francis M. Doran Gregg J. Pasquale Jessica D. Gray Kimberly Kirsten Short Marguerite Dorn Ann F. Pauly Thomas H. Hayman David Andrew Anderson Daniel Greg Skrip Polly R. Dowton David J. Perkins Chantal M. Healey Danilo Antonio Avalon Shaun B. Spencer Richard H. Durben Andrea Petersen Micheline K. Hershey Bernard David Berman Nathan H. Stearns Honore J. Fallon Perri C. Petricca Rebecca A. Ivry Garrett J. Bradley Joan E. Tagliareni Scott A. Faust Rodolfo Pittaluga Adolfo E. Jimenez Heather M. Bradley William Taussig David P. Fialkow Virginia S. Renick Janet Eve Josselyn David William Brown Lisa A. Tavares Thomas L. Finigan Walter A. Reynoso Walter E. Judge Bruce David Burkley Paul Testa Donna B. Ford Eugene R. Richard Joseph J. Kim Mark A. Burnham Kathryn Allaire Thomas James F. Freeley Toby B. Richard Seong Soo Kim Christopher A. Callanan Timothy J. Turner Paulette A. Furness Michael J. Richman Elaine Kleinberg Daniel T. Cavarello Andrew F. Upton Ronald T. Gerwatowski Teresita D. Rodriguez William S. Landay John A. Cecere Carlos Zimmerman-Diaz Sheila B. Giglio Erica Rosenberg Carmel Anne Leonard Robin C. Cecere Jill Zimmerman-Diaz Hon. Robert J. Gilson Judith Duker Rosenberg Vivian Liu-Somers Denise Choquette Lisa R. Gorman Susan Maze Rothstein Jeffrey Michael Lovely Lise Renee Connell-Blake Carolyn D. Greenwood Michael L. Roy Chih-Pin Lu Sarah Elisabeth Curi, JD, Michele C. Lukban MPH 2000 David A. Grossbaum Sharon R. Ryan 10th Reunion Hon. Lourdes Martinez- Eric Einhorn Joseph M. Hamilton Ettore A. Santucci Class Gift Total: $17,893 Esquivel Susan Christine Ellison Cynthia Kaluza Hern Richard A. Sawin Participation: 24% Geoffrey E. Hobart Jonathan Michael Schneps Alicia Mawn-Mahlau Rebecca H. Ethier Nina V. Huber Hon. Ramona Gail See Sam A. Mawn-Mahlau Scot Edward Gabriel Cleora S. Anderson Maria Hickey Jacobson Lloyd Elliot Selbst Kevin J. McCaughey Dennis P. Gallagher Patricia E. Antezana Karen V. Kelly Kathryn S. Shea Kevin M. McGinty Glenn Gates Ashley E. Arroyo James A. Killen Robert J. Shea Maura K. McKeever Joshua S. Goodman John Thomas Bennett Sandra S. Landau Anne Tucker Shulman Dennis E. McKenna Michele Goodwin John Bentas Renée M. Landers, Mary Ann Snyder Rosemary E. Mullaly, Christopher D. T. Guiffre Kathleen Benway Committee Co-Chair Mary Ellen P. Sowyrda Committee Co-Chair David Hammer Anne M. Bongi John F. Lawler Constance D. Sprauer Maureen Mulligan George H. Harris Ossie Borosh William P. Lee Deborah S. Steenland Colleen M. Murphy Joseph Laurence Harrold Joshua M. Bowman Thomas M. Letizia Sherri B. Stepakoff Hugh Murray Heather Lynn Hayes Jason A. Brenner Wendy B. Levine Joseph M. Stockwell Patricia E. Muse Leslie Hirsch Hochstein Mary Liz Brenninkmeyer Cindy A. Lewis Jane W. Straus Joris Naiman John J. Hitt David A. Brown Frank A. Lombardi Jane E. Sullivan Mary Ellen Natale Duncan Baker Hollis Brian J. Carr Julie Scott Lovell Michael A. Sullivan Aaron Martin Nisenson Stephen Everett Hughes Eric Chodkowski, Anne Cushing Magner David E. Surprenant Laurel B. O’Connell Bradley Aaron Jacobson Committee Co-Chair Nicholas P. Mariano Ann Nicholson Townes Terrance P. O’Grady George N. Kasparian Julia K. M. Conlin Martha Rice Martini Karen Barrios Vazquez Sister Maureen O’Halloran Melinda Jan Kent Gregory Paul Connor Jill L. Matsumoto Terry Barchenko Weigel Kathleen O. Pasqualini Lani Anne Kimura Lorie K. Dakessian Nicole Mauro Peter E. Wies Martin J. Pasqualini Stephen Allan Kremer Tamara J. Devieux-Adams

58 BC Law magazine | spring / summer 2011 Susan Harriette Easton Charity R. Clark Sen. James Bradley Eldridge Robert Eskridge Sarah Weyland Ellis Robert S. Finnerty Susan Flanagan-Cahill Ross E. Firsenbaum Erika Joy Hafner Sarah Jane Forman Heather E. Hall Andrew S. Gallinaro Joanna R. Herrera Joshua J. Gallitano David Moses Jellinek David A. Giordano Alexander D. Jones, Dominic A. Gomez Committee Co-Chair Kelly M. Gonzalez Christopher B. Kaczmarek Lee-Althea S. Griffith Kristen Michelle Kenney Brigid A. Harrington Peter J. Kirk Kevin C. Heffel Jacob A. Labovitz James K. Hein Kerry Florio Labovitz Misha K. Hill Robert M. Lafferty John V. Hobgood Louis P. A. Lehot Colleen M. Johnston Derek H. Lim Puja M. Kaul Jennifer Madden Bradley T. King Scott S. Mazur Nicole E. Kopinski Thaddeus R. Mc Bride John S. Logan Allison Marie McCarthy Meghan M. Lynch David Kenneth McCay Jason P. Makofsky Danielle L. Meagher John A. McBrine Kevin M. Meagher Erin E. McFeron Shelagh C. N. Michaud, Robert M. McGill, Committee Co-Chair Committee Co-Chair Nicole Ciszak Murphy Stacie M. Moeser Suzanne E. Murray Julie A. Muse-Fisher, Gregory S. Oakes Committee Co-Chair Suzanne O’Brien Jason R. Nelms Jennifer Clark Pearson Beth A. Norton Matthew S. Podell Sydney J. O’Hagan Jason P. Pogorelec Allen R. O’Neil Brian R. Pollack Julia Yong-Hee Park Elizabeth M. Pyle Cesar F. Pereira Jeffrey J. Pyle Joseph C. Perry Rebecca O’Brien Radford Kristin A. Potdevin Jennifer M. Riordan Samuel Roy Weldon Price Joseph Edward Ruccio Christopher B. Primiano Stacey Nicole Schmidt Amy M. Reichbach Save the Date Franklin L. Simpson Christian A. Rivera David Gary Sobol Gabriel R. Safar for Reunion 2011 Dr. Diana M. Steel Jennie Santos-Bourne Heather Egan Sussman Susan Ellen Schorr lumni from the classes ending in “6” and “1” Meghan Hannigan Swenson Lisa M. Senay are encouraged to complete the “Reunion Meredith A. Swisher Steven E. Sexton Donaldine B. Temple Nathaniel C. Stinnett Trifecta” by returning for Reunion Weekend Amber Anderson Villa Rebecca L. Tobin October 21–22 (please note that the date has Ingrid White Shagha Tousi Abeen changed), sending in a yearbook form with photo(s), Julia B. Vacek, Committee Co-Chair and making a participation gift to the class’s Reunion Gift 2005 Emily A. Vainieri Campaign. Visit the website for a complete schedule and 5th Reunion Rosaline Valcimond accommodations options or to download a Class Reunion Class Gift Total: $11,447 Keith R. Walsh Book form or Pledge form: www.bc.edu/lawreunion2011. Participation: 26% Michael W. Wong Christine L. Zemina You can also look up classmates in the directory today Stacey B. Ardini and encourage them to attend at www.bc.edu/lawnet. Jessica Baumgarten Baggenstos Any gifts to BC Law from June 1, 2010 through Julia Beckley Reunion Weekend will be counted as reunion gifts and Jonathan B. Berroya key also receive recognition in the Law School’s campaign. Meghan C. Berroya Five-year pledges are encouraged, as the full pledge will be Steven J. Boyajian k = Record for Nicole L. Campbell highest counted toward the class’s total. To make a reunion gift/ Richard L. Campbell participation pledge, contact Christine Kelly, assistant dean for alumni or largest Jason P. Casero relations, at 617-552-4378 or [email protected]. Kathleen M. Celio class gift Javier Chavez Jr. We look forward to welcoming you back. [ [I I nn C C ll oo sinsin gg ] ]

A Tragedy’s Aftermath

What the Manila hostage case says about international dispute resolution

by Amy Lai ’11

n a hot day in August 2010, an angry former Philippine National Police officer took a Manila tour bus hostage. As millions watched, horrified, on live television, the incident turned from standoff to bloodbath. When it was all over, eight Hong Kong tourists were dead and nine other people were injured. O The event has severe- Let’s assume for discus- ly tested the relationship sion’s sake, however, that between the Philippines and the World Court could gain Hong Kong/China because jurisdiction and then con- so many questions remain sider whether the case should unanswered; these include the be taken there or whether guilt or innocence of Rolando other methods of interna- Mendoza (the ex-cop who tional dispute settlement reasoned that seizing a tour should be used. bus somehow would help him The Philippine Govern- regain his old job), the con- ment should have been able troversial conduct of the Phil- to negotiate directly with ippine police during the hos- Hong Kong on matters tage situation, and whether related to the hostage trag- and how the victims should edy, but President Benigno be compensated. Aquino’s conduct through- In order to get to the bot- out the incident pushed their tom of what happened, it relationship to an impasse has been suggested that the and has thus far prevented matter be taken to the International Court of Justice a productive outcome. He has, for example, defended (ICJ) or World Court, the principal judicial organ of the police and blamed the media, ignoring the ques- the United Nations since 1946. There are numerous tionable conduct of his own bureaucrats, the negotia- reasons that this is not a viable option, not the least tors, and the SWAT team. As a result, more complex of which is that the ICJ does not have compulsory and formal dispute settlement methods need to be jurisdiction over China, although it does have such an considered, even if they would take more time and be agreement with the Philippines. China and the Philip- less flexible. pines could decide to submit the dispute by special The next step is to examine the pros and cons of agreement, but this would be improbable given Chi- formal ICJ adjudication and ask if this method appears na’s sensitivity about anything that could impinge on preferable to other third-party settlement procedures. its sovereignty. Further, if somehow the World Court Compared to other third-party dispute settlement could gain jurisdiction, it is unlikely that it would be methods such as mediation, adjudication is impersonal able to find meaningful standards for adjudication. and dispositive. Hence, in disputes where governments Alternatively, there is reason to conclude that the have found it difficult to concede or compromise when best approach for China and Hong Kong may be attempting negotiation or mediation, adjudication through diplomatic channels, using international dis- could be a politically useful way to settle problems.

ue R o q ue pute settlement methods such as negotiation or media- The impersonal and dispositive nature of settlement

P a t tion as set forth in Article 33 of the UN Charter. through the ICJ would seem to have great advantages (continued on page 51) ap p h o t /

60 BC Law magazine | SPRING / SUMMER 2011 Before there was , there was “face to face!”

I love my job, “ I love my profession, and I want to give back to the Law School that’s been so good and helpful to me. I’m an estates and trusts attorney, and so I live in the world of wills and trusts, and I view planned giving as a great way to express a final thank you to people and organizations that have really mattered. A will is so personal. What I put in my will and what I put in my estate plan is a reflection of what’s important to me.” — Karen G. DelPonte ’83 Cameron & Mittleman LLP d a n s m it h Make a legacy gift to BC Law School today One of the simplest ways to make a legacy gift to Boston College Law School is to include a bequest provision in your estate plan. A bequest may be a dollar amount or a percentage of your residual estate. It is an opportunity to make a substantial gift to the Law School without depleting lifetime assets and is an ultimate expression of your devotion to BC Law. To request sample bequest language or learn more, contact Michael Spatola, assistant dean for institutional advancement, at 617-552-6017 or [email protected]. Boston College Law School Non-profit org 885 Centre Street US Postage Newton, MA 02459-1163 PAID Permit No. 86 White River Jct., VT

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