Boston College Law School Digital Commons @ Boston College Law School

Boston College Law School Magazine

4-1-1997 Boston College Law School Magazine Spring 1997 Boston College Law School

Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclsm Part of the Legal Education Commons

Recommended Citation Boston College Law School, "Boston College Law School Magazine Spring 1997" (1997). Boston College Law School Magazine. Book 9. http://lawdigitalcommons.bc.edu/bclsm/9

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].

PUBLICATION NOTE

B OSTON COLLFCL LAw SCHOOL D EAN Aviam Soifer

DIRECTOR OF I NSTITUTIONAL ADvANCEME"T Deborah Blackmore Abrams

EDITOR IN CHIEF ViclD Sanders

CONTRIBUTING EDITORS Suzanne DeMers Paula Ogier Robin L. Rosiello

Boston College Law School Magazine has undergone a number of design and comenr changes in chis issue. W e welcome readers' comments on rh e new prese ntation. You may conrace liS by phone at (617) 552-2873; by mail at Boston College Law School, Rarar House, 885 Centre Street, Newton, MA On the Cover: 021 59- 1163; or bye-mail at sa [email protected].

Copyright 1997, Boston College law School. Art and the law converge in many ways. All publi cation rights reserved.

Painter Alex Katz's Granite Passage is Opinions expressed in Boston College Law part of alumnus William Farley's private School Magazine do nO( necessarily reflect rhe views of Boston College Law School collection, and Karen Watson's edgy or Bosron College. collage illustrates the colorful world of entertainment law. SPRING 1997 VOLUME 5 N U MBER 2

FEAT U RES

The Collectors BOSTON 14 COLLEGE Those who foLLow their passions discover the 'art' ofliving well By Vicki Sanders LAW SCHOOL MAGAZINE The Pros of Pro Bono 20 George P Field's valiant battle to save a work ofart By Dan Kennedy

Entertainment Law: Lending Substance to Celebrity There's never a dull moment in the wild and wonderfol world ofcultural affoirs By John Lauerman

Unmasking Undue Influence 0 How presumptions ofinheritance have foiled to keep up 3 with a changing society By Assistant Professor Ray D. Madoff

10 24 30

DEPARTMENTS

IN BRIEF 2 ALUMNI NEWS AND NOTES 44 FACULTY NEWS AND NOTES 37 Deval Patrick to Teach at Law School

IDIeval L. Patrick, former U.S. assistant to second- and third-year students, begin­ attorney general and top-ranking ning in the fall semester. Clinton Administration civil rights offi­ "We are pleased to have him because of cial, has accepted an invitation to become the magnificent role Mr. Patrick played as an adjunct professor at Boston College the country's number-one official in Law School. charge of civil rights enforcement," said Patrick, who resigned from his federal D ean Aviam Soifer. office in January after three years in Wash­ Indeed, it was in large part because of ington, D.C., to return home to his fami­ his own regard for Dean Soifer that ly in the Boston area, will teach a course Patrick agreed not only to teach at the Law brief titled Current Issues in Civil Rights Law School but also to be the 1997 com-

A former u.s. asslstont attorney general in the O nton Administration, Devol Patrick bnngs hiS expertise in civil rights 10 Ihe Low School as on odJunct professor

2 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1997 men cement speaker. Patrick had been the And the Winner Is ... the Dean Lutch Scholarship Fund students' first choice as keynoter, and when Soifer asked him, he readily said yes. "The reason I accepted is because it came 1"1 Idon't have a gun!" student coordina­ ran 111 the race. "It's a wonderful event from the dean of the Law School, whom I tor Geaneen Washington '98 shouted and he would be thrilled to be remem­ greatly respect and admire," Patrick said. from her post at the starting line of the bered this way." Now a partner with the Boston office Race Ipsa Loquitur. Peter Hogan '98 was the first to cross of the Hartford-based firm of Day, Berry A police officer standing nearby joked, the finish line in just over 11 minutes; & Howard, Patrick was recently the recip­ "Want to borrow one of mine?" Katherine McConville '98 was the first ient of the Learned Hand Human Instead, she bellowed at the top of her woman to finish. Relations Award given by the American lungs, "On your mark. Get set. Cheers and high-fives greeted the com­ Jewish Committee. GOOOOOOO!" to the motley crowd of petitors as they circled the campus on sur­ While in the office of Attorney General 100 runners, walkers, in-line skaters, dogs, rounding streets in the name of a beloved Janet Reno, during which time he devel­ and kids assembled to compete in the colleague and an important cause. As they oped a close personal relationship with Pres­ April 12 Law School fundraiser. gathered afterward for refreshments and ident Clinton, Patrick led his department in By the time the second annual 2.5-mile live music, it was clear that their spirited making major advances in civil rights road race was over, more than $3,000 had contribution did, indeed, speak for itself. _ enforcement of voting, education, employ­ been raised for the Dean Brian P. Lutch - Paula Ogier ment, police misconduct, and housing cas­ Memorial Scholarship Fund es, according to the Boston Globe. through registration fees and At the time of his departure, Patrick donations from businesses. told the newspaper, "We have broken Dean Lutch, who was a run­ every record in the division's history, in ner, died of cancer in Decem­ terms of the number of cases brought and ber 1995. Funds raised by the successful investigations. The level of race, whose name is a word activity and the variety of cases have never play on the Latin res ipsa been higher. This we have done at a time loquitur meaning "the thing of restrained resources and occasional hos­ speaks for itself," assist stu­ tile forces in Congress." _ dents who have debilitating ill­ - Paula Ogier nesses or other extenuating cir­ cumstances. T his year's event held spe­ Law School Ranked Among cial meaning because of its the 'Nation's Best' timing. "It was particularly nice for me because it landed on Brian's birthday," said Dean Boston College Law School again has Race Ipsa Loquitur winner Peter Hogan '98 (right) greets the {lrst Lutch's wife, Julie Watts, who woman to cross the {lnlsh Ime, Katherine McConville '98. been included in U.S. News and World Report's list of the top 25 law schools in the United States. The Law School was ranked 22nd among the coun­ try's 179 American Bar Association­ accredited schools in the 1997 sur­ vey, moving up from its 1996 position of 26th. In determining its rankings, the magazine assesses factors such as academic reputation, student selectiv­ ity, faculty resources, and placement success. This year the method for ranking law schools was refined to take into account a new American Bar Association survey that collected detailed information on all accredited institutions. The Law School scored particularly high in the area of reputa­ tion among lawyers and judges (20th in the nation). _

And they're off! The runners rOised more than $3,000 for a fund that assIsts students who have debilitating illnesses .

SPRJNG 1997 / BOSTON COLLEGE LAW SC HOOL MAGAZINE 3 Going ... Going ... GONE! Auction Nets $10,000 for Public Interest Stipends

orne 250 students, staff, and faculty lSIhlJ raised more than $10,000 for the Pub­ lic Interest Law Foundation's summer stipend program during the Ninth Annual PILF Auction. Among the items auctioned were a week's stay at a Loon Mountain cabin, a row on the Charles River with rwo Olympic crew members, an autographed Roger Clemens baseball, a buffet dinner for 50, a faculty parking permit, and a vari­ ety of lunches and other activities with Law School professors. Professors Kent Greenfield, Peter Donovan, and Norah Wylie raised more than $400 by offering students the chance to throw pies in their faces. Professor Ingrid Hillinger drew several rounds of applause when she auctioned her tradition­ al Uniform Commercial Code trinkets,

including coffee mugs, pencils, and a life­ Eager bidde rs co mpeted for everything fro m a week's vacation in the Loon Mountains to faculty parking permits size cardboard cutout of Darth Vader to a cardboard cutout of Darth Vade r adorned with UCC paraphernalia. PILF is a student organization dedi­ cated to furthering public interest law. It provides funding, information, and opportunities for students to become involved in public service. Throughout the yea r, PILF sponsors presentations and panel discussions, including the annual Robert M . Cover Public Inter- ~ est Conference, an opportunity for ~ students, practitioners , and academics c § to share experi ences, aspirations, and philosophies of public interest law. Proceeds from the auction and PILF's other fundraising and grants- writing efforts this year helped to fund summer public interest jobs for more than 30 law students. Grants ranged up to $2,000. The recipients, who accepted underfund­ ed or volunteer positions in public interes t law, will be working in the United States and for human rights projects overseas . Save the date: On February 7, 1998, PILF will hold the first Alumni Auction to celebrate its 10th anniversary and to raise additional monies for the program. Vol­ unteers and donations are being sought. Everything from hand-knit sweaters and homemade beer to cars and exotic vaca­ tions is needed. Participants are encour­ aged to think big and be creative. For more information on volunteering or donating an item, contact the PILF Auc­ tion Committee at (61 7) 55 2-8581 . • "Pieing the professor". Michaela 5 Moore '99 (top) creams Professor Peter A Donovan and Dana Zaka ri an '98 - Tara Twomey slams Assistant Pro fessor Kent Green field

4 BOSTO N COLLEGE lAW SC HOOL MAGAZINE / SPRJ NG 1997 Michael Cassidy Fills a Tall Order as New Administrative Dean

I Bloston College Law School's new asso- ciate dean for administration, R. Michael Cassidy, has long been fascinated with law as an instrument of social change. That is what attracted him to Harvard Law School as a student, to the criminal bureau of the Massachusetts Attorney General's office as a prosecutor, and to Boston College Law School as a manager. As Dean Aviam Soifer completes the restructuring required following the death in late 1995 of administrative dean Brian P. Lurch, Cassidy finds himself at the hub of the Law School's administrative wheel. He handles matters pertaining to admis­ sions, placement, budget, accreditation, publications, word processing, building construction, support staff, and more - nearly everything, as he purs it, that is not academic. "It's a Type 1\s dream," says Cassidy, 36. "I like juggling. I thrive on being busy. I'm here to make everybody's job easier." Many people stepped forward to fill in after Lutch's death, often making sacrifices to do so. Now Cassidy will ensure that the faculty can concentrate on teaching and research, admissions can focus on attract­ ing the best students, and career services can target the top placement opportuni­ ties for graduates. He views his role as that of a facilitator, and he is placing strong emphasis on com­ munication. He looks forward to con­ tributing not only to the bricks-and-mor­ tar projects bur also ro the less tangible but no less important quality of life at the Law School. 'The remarkable thing about Mike is his combination of skill and roughness On top of the world: Michael CaSSidy colis his new job a 'Type A's dream:' and his wonderfully warm personality and sense of humor," says Dean Soifer. "It makes him just right for the job, and it is investigative, and support staff of more Cassidy is articles ediror of the Massa­ why he has fit into the Law School com­ than 100. chusetts Law Review and serves on the munity in such a quick fashion." Cassidy received his B.A. magna cum Supreme Judicial Court committee draft­ Cassidy comes ro the Newron campus laude from Notre Dame in 1982 and his ing model jury instructions for the crime after 11 years of law practice, the bulk of J.D. magna cum laude from Harvard in of homicide. it in the attorney general's office as a crim­ 1985. He taught in an adjunct capacity at A native of Falmouth, Massachusetts, inal prosecutor. When he left ro join the both Suffolk University and Harvard law Cassidy is married to attorney Mary Law School staff last December, he was schools and now conducts a class in pros­ Beth (Downing) Cassidy. They have two chief of the criminal bureau, supervising ecurorial ethics ro second- and third-year young sons. _ 45 assistant attorneys general and a legal, students at Boston College Law School. - Vicki Sanders

SPRING 1997 / BOSTON COLLEGE LAW SCHOOL l\.1AGAZINE 5 Rogers Ready to Dig in as Academic Dean

IN ewly named associate dean for acade- thrive," says Rogers, a commercial law is part of my job description," he says. mic affairs James Steven Rogers has professor at the school since 1980. He suc­ Good scholarship is closely linked to plucked from his wife's garden the perfect ceeds fellow professor George D. Brown, good pedagogy, Rogers believes. "I don't metaphor for his new job. What he's who returns to full-time teaching and draw a sharp divide between scholarship learned from her, he says, is that the smart research after a year as academic dean. and teaching. The reason law schools are gardener doesn't come in and tear every­ Rogers says the job appealed to him in and should be in the university and com­ thing out; she watches, lets things follow part because of a longstanding interest in mitted to the model of the teacher-scholar their natural cycle, creates a nourishing his colleagues' scholarly development, par­ is that scholarship is an important part of climate, then makes prudent decisions on ticularly that of junior faculty. "I love teaching," he says. "It's the activity that how to arrange the garden. reading others' articles and talking to forces us to push ideas hard, to think cre­ "You can't make a plant grow, but you them, but as a faculty member you have to atively and deeply, and that usually affects can create an environment to let plants work to make time to do that. Now, that our teaching." He'd like to make it easier for col­ leagues to share their classroom and research discoveries, or to tap into each other's expertise when they need to do so. "We have all kinds of individual strengths and a lot of interesting projects going on here," says Rogers. "I'd like us to be doing more to share them." Rogers is a Phi Beta Kappa graduate of the University of Pennsylvania where he received his A.B. degree summa cum laude. He is a magna cum laude graduate of Harvard Law School, which awarded him the Fay Diploma for finishing first in his class in cumulative grade point aver­ age. He has taught commercial, contract, bankruptcy, corporate, restitution, and constitutional law, and will continue to teach contract law while serving as acade­ mic dean. He has been active in revising the Uniform Commercial Code and has published and spoken widely. _ - Vicki Sanders

Save the Date for Reunion '97

Reunion '97 will be held November 8 for the classes of 1947, 1952, 1957, 1962, 1967, 1972, 1977, 1982, 1987, and 1992. For more information or to volun­ teer to be a member of your class reunion planning committee, contact Terri Arnell, director of special events, at the Office of Alumni Relations and Development, (617) 552-8666. _

Jam es Rogers hopes to create on environment in which his colleagues con thrive.

6 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1997 Three Honored at Law Day '97

ITI he Boston College Law School Alumni Associa­ tion honored three of its own at the Law Day '97 ceremony held at the Westin Hotel in Boston, in May. R. Robert Popeo '61 received the St. Thomas More Award in recog­ nition of his career as a highly successful advocate and litiga­ tor. Edward R. Leahy '71 was honored with the William ]. Kenealy, S.]., Alumnus of the Year Award for his service and dedication to the law school. Marian T. Ryan '79 received the Hon. David S. Nelson Public Interest Law Award for her exemplary commitment to public service. The Alumni Association has sponsored Law Day ceremonies since 1958 to advance equality and justice under law, to encourage the observation and enforcement of law, and to foster respect for law and an understanding of Celebrants ((rom le~) Boston College President Rev. William P Leahy, Sj., honoree R Robert Popeo '61; honoree Marion TRyon 79, its essential place in the life of honoree Edward R Leahy 71 ;Joanne C Locke '87; Alumni Association President James j. Marcellino '68; and Dean AVlam Soifer every citIZen. •

Alumnus of the Year Edward Leahy 7 1 (right) accepts congratulations (rom Sarifoh F Boliey '99 (l eft) ond Borbara M Senecal '82. Th e onimated got/hering included ((ro m left) th e Hon. Roy Brossard 71 , LOUIse Corman '80, and PatriCiO M Leahy.

SPRING 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 7 Wylie Steps in as Interim Dean for Students

IJ3l oston College Law School visiting pro­ lQJ fessor Norah Wylie has stepped in as acting dean for students while Lisa DiLuna recuperates from surgery. Wylie expects to be in the post until late September. An lllterest in higher-education administration, a general love of working here, and an interest in helping out the Law School and Lisa DiLuna" are what inspired her to accept the position of interim dean for students, Wylie says. A 1979 cum laude graduate of the Law School, Wylie has taught here for six years. In addition to her classes, Legal Reasoning, Research, and Writing and Introduction to Lawyering and Professional Responsibility, she teaches upper-level advocacy courses and has been director of the Urban Legal Laboratory for three-and-one-half years. Wylie was formerly an assistant attor­ ney general and deputy chief of the Mass­ achusetts Family and Community Crimes Bureau, special assistant district attorney in Middlesex County, general counsel for the state Office for Children, and advoca­ cy coordinator for the Disability Law Center. She was also in private practice for six years with the firm of Gitlin, Emmer, and Kaplan. • - Paula Ogier Pinch-hitter: Norah Wylie tokes over until the return o( Usa DiLuna In the (oil .

Popular Alumni Director Promoted to 'Major Gifts' Job

C athy L. Dernoncourt, who during her marily by the Alumni Council to one that Dernoncourt will continue the outreach ~ 10 years as director of alumni rela­ placed great emphasis on the broad-based efforts that have distinguished her Law tions generated tremendous growth in the involvement of alumni through a commit­ School career. "This school has so much Law School's alumni network, was pro­ tee structure that included the develop­ potentia!," she says. "We must look for moted in March to Associate Director for ment of such groups as the Women's ways to enhance our endowment and oth­ Major Gifts. Alumnae and Recent Graduates commit­ er programmatic funds so the Law School In her new role, she will be in charge of tees, and the Admission Assistance flourishes and fully reflects the quality that securing gifts of $25,OOO-and-up and of Program. already exists in the faculty and student broadening the base of support among Development of the chapter system body. I want to remain a member of a corporations and foundations. "allows us to involve a wider range of indi­ growing institution whose priorities reflect As the second alumni director in the viduals and gives alumni and students an my own and which is earnest about setting Law School's history, Dernoncourt shep­ informational network they didn't have and attaining very high goals." herded the expansion of the national dele­ before," says Dernoncourt. A native of Charleston, Missouri, and a gates program and established alumni Graduates' appreciation for her efforts graduate of the University of Mississippi, chapters in Providence, Washington, is widespread but was particularly evident Dernoncourt began her career in journal­ D.C., New York, Chicago, Los Angeles, at a recent Black Alumni Network event at ism and public relations at the University Philadelphia, and New Hampshire. which Dernoncourt was honored for her of Tennessee. She came to the Law School Under her guidance, the Alumni Asso­ zeal and commitment. in 1987 . • ciation grew from an organization run pri- As associate director of major gifts, - Vicki Sanders

8 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1997 Student Achievement Is Focus of Oral Advocacy Banquet

[TI he William E. and Carol G. Simon Oral Advocacy Program honored Law School students at its Eleventh Annu­ al Awards Banquet at Boston's Omni Parker House, in April. Law School faculty and alum­ ni presented awards to stu­ dents for their excellence in negotiations, mock trial, client counseling, moot court, and national environmental nego­ tiation, both as individuals and in teams. •

SPRIN G 1997 / BOSTON COLLEGE. LAW SCHOOL J\1AGAZINE 9 Bilder and Spielberg - A Serendipitous Courtship

ITI he telephone call last January is right up being played by Anthony Hopkins, "Wigs were one of the few things I was there on MalY Bilder's list of stunners. argued on behalf of the Africans. successful with - getting rid of the It was an otherwise uneventful day for To prepare for her "day in court," so to judges' wigs," Bilder says. Judges had the Boston College Law School assistant speak, Bilder did extensive research on stopped wearing them by the 1790s. She professor, but when the phone rang, she legal procedures of that period and didn't do as well on the question of hats, found herself talking to someone claiming perused everything she could find on the however. Some spectators' hats had to be to be with Steven Spielberg's movie com­ Amistad. "I read all the books on the case," kept on in the scene because they were pany, DreamWorks SKG. The caller said she says. "I wanted to show up prepared." covering 20th-century haircuts. the director needed advice on 19th-cen­ One of the volumes she consulted is There were also no juries in admiralty tury court procedures for a film he was Andrew Dunlap's 1836 admiralty treatise court. But the "logic of the visual," the fact making about the Amistad case, involving that belongs to the Law School's rare book that Spielberg liked the way a jury looked the mutiny of a gtoup of illegally enslaved collection. in the scene, meant that the jury stayed. Africans whose fight for freedom led to the Yet fount of information that Bilder And to provide a source for the sketches of U.S. Supreme Court. was, she quickly discovered that while the the Africans published at the time, the Bilder, a legal historian, knew of the moviemakers solicited her opinion, they filmmaker took artistic license by placing a case bur was wary of the caller. "I thought often chose the cinematically compelling sketch artist in the courtroom. it was a joke," she says. After they hung over the historically accurate. Spielberg himself sidled up to Bilder at

Mary Bilder and Steven Spielberg on location at th e Newport courthouse where she worked as a historical consultant.

up, she even checked the area code to verify the Los Angeles phone number she'd been given. Not only did the call turn our to be legit­ imate' but Bilder was hired as a consultant and eventually spent two days on the set in Newport, Rhode Island, where Spielberg was filming an arraignment scene. On July 1, 1839, the Africans aboard the Amistad seized the ship as it sailed between Cuban ports. They killed several of the crew members. A month later, the Amistad was captured off Long Island by a U.S. warship. The Africans were freed by a federal court in Connecticut. The decision was upheld by the U.S. Supreme Court in 1841 on the grounds that people escaping illegal slavery had the right to fight for their freedom. John Quincy Adams, who is

10 BOSTON COI.LEGE LAW SCHOOL MAGAZINE / SPRING J997 one point and asked, "Is there anything we can do to make this more authentic?" to which she replied that the court papers should be handed to the clerk, not to the judge. And so it went, with Bilder rubbing elbows with some of the most respected movie-making talent in America, includ­ ing actors Morgan Freeman, who plays a black abolitionist, and Matthew McCon­ aughey, who portrays a lawyer. She even got her picture taken with Spielberg, whom she describes as "generous" and "unbelievably nice." In addition to the sheer fun of hobnob­ bing with the famous, Bilder was able to do what she loves most: explore cultural history, an interest she has pursued since her under­ graduate years as an English major at the University of Wisconsin, and continues to study as a Ph.D. candidate in the History of American Civilization at Harvard. A recent paper she wrote for the Mis­ souri Law Review was what led to her con­ tract with Spielberg. Her article studied the way in which the 19th-century Twen ty years in aliTem I Arnell (left) and Ca thy L. Dernoncourt Supreme Court viewed people, particular­ ly African-Americans, as a form of proper­ Two Staff Cross IO-year Threshold in Alumni Relations ty. Dream Works had contacted an acquaintance of Bilder's at Yale, who knew about her research on the development of ITI he alumni make all the difference. Cathy building on the network of relationships 19th-century courts. The Missouri article, L. Dernoncourt and Terri J. Arnell, that have been established over the years," which expanded on that theme, was fresh both of whom are celebrating their 10- she says. in his mind when he referred Dream­ year anniversaries in Boston College Law Dernoncourt came to the Law School Works to Bilder. School's Office of Alumni Relations and in 1987 from the University of Tennessee, The Spielberg research expanded Development, say it's the people who have where she handled public relations and Bilder's perspective on the physical struc­ kept them here year after year. publications, and helped to launch alum­ ture of courts. ''As someone who studies "The alumni are fun, kind, hardwork­ ni associations for three colleges. At courts, I hadn't spent time thinking about ing, and they celebrate their connection to Boston College Law School, she worked what they actually look like or how court the Law School in a positive way," says with the Alumni Council to strengthen officials' actions - where they stand, Arnell, director of special events. "They and broaden the responsibilities of the what they wear, how they handle docu­ want the best for the institution and are national delegate program and initiated a ments and the like - affect people's per­ always willing to help. They want the stu­ network of chapters that support the mis­ ception of whether justice is being done in dents to have a positive experience - to sion of the Alumni Association. their case," she says. keep the legacy alive." Amell, who holds a degree in psychology None of this would have happened, Both women say their work has been from the University of Pennsylvania, worked says Bilder, were it not for the commit­ enriched by the personal relationships in the corporate world as well as academia ment of the Boston College Law School they've developed with graduates over before coming to the Law School, first as alumni to faculty research. There would the years. assistant director of alumni relations and have been no Missouri paper and without Dernoncourt, who was director of most recently in special events. that there would have been no Spielberg alumni relations until her promotion this "I just can't believe I've been here 10 contract. "I didn't get this job because I spring to associate director for major gifts, years," she says . "1 thought I would give it am a famous person," she explains. "I got sees her new role as an extension of her a few good years. 1 never imagined I'd still it because someone had read my article." _ previous job. "It's a natural transition be here." _ - Vicki Sanders - Vicki Sanders

SPRlNG 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE I I New Board of Advisors Broadens Law School's Horizons

Ijl n another Law School first, Dean Avi­ have already seen evidence of the board's tion; James A. Champy '68, chairman of L!J am Soifer has assembled a Board of ability to help with placement, admis­ Perot Systems; John Hart Ely, the Richard Advisors to assist him in the realization of sions, and other curricular and extra-cur­ A. Hausler Professor of Law at the Uni­ wide-ranging goals. ricular activities," Soifer says. versity of Miami School of Law; Daniel "Their role is to advise us about the The Law School advisors share two Greenberg, head of the New York Legal world far beyond the walls of the Law members with Boston College's Board of Aid Society; A.nn P. Jones '61 of Bethesda, School," says Soifer, "and to take the good Trustees, Michael D. Jones '76 of the Maryland; U.S. Representative Edward J. news of the Law School into the many National Association of Securities Dealers Markey '72 of Massachusetts; Newton N. worlds in which they are leaders." and the Hon. Marianne D. Short '76 of Minow, managing partner of Sidley & Sixteen members strong and growing, the Minnesota Court of Appeals. Austin in Chicago; the Hon. Jon O. New­ the Board of Advisors has met twice to date John J. Curtin '57 of Bingham, Dana man, chief judge of the U.S. Court of to establish priorities and committees. & Gould in Boston is chair of the Board Appeals for the 2nd Circuit; David Perini Among the group's first initiatives is empha­ of Advisors. Michael E. Mone '67 of '62 of Perini Corporation; U.S. Represen­ sizing the Law School's potential in the areas Esdaile, Barrett & Esdaile in Boston is tative Robert C. Scott '73 of Virginia; of international and public interest law. chair of the development committee. John Shattuck, U.S. Assistant Secretary of The advisors have wasted no time in Other members are: Wayne A. Budd, State for Human Rights; and Arthur Stern getting results in a number of areas. "We senior vice president ofNYNEX Corpora- '74 of the Colonial Group in Boston . • - Vicki Sanders

Phyllis Goldfarb Ascends to Full Professorship

[B[oston College Law School Associate legal theory and the lessons this relation­ mittee on defense services since 1985. In Professor Phyllis Goldfarb has been ship has for legal education. Although her addition to the LL.M. from Georgetown, promoted to the rank of full professo r. publications and presentations have she earned a B.A. from Brandeis Universi­ Since 1991, Goldfarb has taught Crim­ addressed divergent topics such as crimi­ ty (summa cum laude), an Ed.M. from inal Procedure, Gender and Legal Theory, nal procedure, jurisprudence, feminist Harvard University, and a J.D. from Yale and Criminal Process. As director of the theory, domestic violence, and clinical Law School. • Criminal Process program, she has been education, she consistently attempts to - Robin L. Rosieffo responsible for developing and teaching a im prove legal and pedagogical methods by curriculum relating to the students' crimi­ addressing the contexts within which legal nal practice as they prosecute or defend conflicts arise. criminal cases in local courts. This fall she Goldfarb represented, on a pro bono will also teach a seminar on the death basis, one of the Framingham Eight, a penalty at the Law School. group of women incarcerated in Massa­ Goldfarb joined the Law School facul­ chusettS for killing their batterers. She ty in 1986 after two years as an assistant organized a team of Law School faculty, professor at Northern Illinois University's students, and alumni to assist her. The College of Law, where she designed and result was parole for her client in 1995. taught their first clinical program, Appel­ Based on her work with the Framingham late Defender Clinic. From 1982-1984 Eight, Goldfarb wrote "Describing with­ she was an E. Barrett Prettyman Fellow in out Circumscribing: Questioning the Criminal Law and Trial Advocacy, and Construction of Gender in the Discourse served as supervising attorney and class­ ofIntimate Violence," (George Washington room instructor in the Juvenile Justice Law Review 582-631, 1996). In it, she Clinic while she earned an LL.M. from examined the unexamined gender Georgetown University Law Center in assumptions within the dominant rhetoric Washington, D.C. Also, as visiting profes­ of domestic violence and suggested ways sor at the University of Paris X, in Nan­ to improve how people think and talk terre, France, she developed Introduction about it. to A.nglo-A.n,erican Law, a course she Goldfarb has been a member of the taught there in the fall of 1990 and 1996. American Association of Law Schools sec­ Goldfarb's scholarly emphasis is on the tion on clinical education since 1984, and relationship between law practice and of the American Bar Association's subcom- A Goldfarb strength: clinical education.

12 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING f997 In Career Services, Two Heads Prove Better Than One

udith A. Levenfeld and Serena Eddy­ IJll1J Moulton have been co-associate direc­ tors of career services at Boston College Law School since January. They combine their unique backgrounds and unusual strengths to ptovide the best possible assis­ tance to students and alumni. Levenfeld is a 1983 Harvard College graduate. She obtained her master's degree from the London School of Economics as a Radcliffe Fellow and her law degree from New York University, then spent seven­ and-one-half years as an assistant general counsel at the Division of Medical Assis­ Job sharing a position in student placement allows Judith A. Leven(eld (l eft) and Serena Eddy-Moulton to meet the tance in Massachusetts. She came to the needs o( (amily and career Law School in the fall of 1995 as regional director of the national nonprofit Pro oversees major policy decisions for PBSA dIed the agency's marketing. During her Bono Students America (PBSA). The Law and is a liaison to member schools and the time at GBRS, Eddy-Moulton spent five School is the host institution for the national board. years rowing on the U.S. Olympic team, regional center, which serves ten law Eddy-Moulton, also a graduate ofHar­ which she says was great training for the schools in New England. vard, worked for eight years at Greater kind of work she does today. "It cultivated Levenfeld spent 15 months getting the Boston Rehabilitation Services (GBRS), a teamwork, perseverance, and commit­ program on its feet, then moved into the nonprofit vocational agency providing ment," she says. She retired from rowing associate directorship in career services, career counseling and professional job and GBRS in 1994 and started a family, becoming the first lawyer to hold such a placement assistance to people with phys­ but returned to work when offered the position at the Law School. She also still ical and mental disabilities. She also han- chance to job share the career services' associate directorship. The two women say Levenfeld's Construction Begins on New Classroom Facility lawyering and administrative experience is a perfect complement to Eddy-Moulton's direct counseling background. They col­ I pI hase II of the Law School's four-part New construction rather than renova­ laborate on many projects, overlap their building and expansion project begins tion proved to be a more cost-effective hours so there is someone available to stu­ this summer with the demolition of the approach because of the extensive updates dents five days a week, and feel fortunate three-story Barry Pavilion. In its place will needed to Barry's existing heating and ven­ to work together. "I couldn't have asked rise a four-story, 48,000-square-foot class­ tilation systems and to comply with the for a better career opportunity," says room and administrative wing adjacent to Americans with Disabilities Act. Eddy-Moulton. "I love working with stu­ the Law Library, itself a new facility com­ Phase III of the building program will dents and giving them the confidence to pleted in 1996. involve the conversion of the Kenny Cot­ prepare professionally." For her part, Lev­ The new building's L-shaped configu­ tle building that formerly housed the enfeld enjoys exposing students to the ration, which will form a landscaped library into a 49,GOO-square-foot dining myriad career options available to them. courtyard, will be linked to the Law facility with seating for 550 students, and "A law degree only increases the career Library on two levels and connected to a a GO-seat faculty and staff dining room. opportunities available to graduates. J.D.s later Phase IV structure through the main Phase IV includes the demolition of Stuart should never feel limited to a traditional atrium entrance of the Law School com­ Hall and the Smith Wing and the con­ practice," she says. plex. The new facility will house two 150- struction of a 5G,200-square-foot building The innovative arrangement allows seat lecture halls that can be used individ­ to include classrooms, a moot courtroom, both women to maintain commitments to ually or as a combined auditorium, seminar rooms, the dean's suite, faculty their careers and families, and they are expanded space for career services, and offices, and other administrative offices. grateful to the Law School for the oppor­ offices for student organizations, in addi­ The entire Law School building pro­ tunity. Without compromising its excel­ tion to other classrooms and seminar gram, designed by Earl R. Flansburgh & lence in service, Levenfeld says, "the Law rooms. The scheduled completion date is Associates, totals 238,300 square feet and School is very nurturing to students and December 1998. is slated for completion in 2004. _ staff" _ - Suzanne DeMers - Paula Ogier

SPRING 1997 / BOSTON CO LLEGE LAW SCHOOL MAGAZINE 13

Those who follow their passions discover the art' ofliving well

HAT BEGAN FOR WILLIAM F. FARLEy'69 as the need to decorate a new apartment in Chicago has grown during the past 15 years in to a collection of abstract expressionists and New England landscape artists vast enough to fill four homes and a suite of offices. For Margaret S. Travers '69, collecting was a way to understand the grandparents she lost in World War II and to stay in touch with the adventurous spirit of her late father, whose sometimes perilous quest for arti­ facts took him deep into the wilds of Peru. Historian and former Law School Dean Daniel R. Coquillette's passion for Oxford University ephemera started as an excuse to prowl the musty old bookstores in England, spending the book allowance his Fulbright Scholarship afforded him. When William E. Simon Jr. '82 required time to himself as an undergraduate at Williams College, he would find inspiration among the Frederic Reming­ tons at the nearby Clark Art Institute. Ever the engineer, James A. Champy '68 wanted, among other practical things, a comfortable place to sit. And Janet L. Hoffman '82 did what many collectors

can only imagine doing - she married an artist. ~ OLLEC ORS By Vicki Sanders Photograph by Jim Purdum

William F Farley '69 with Alex Katz's Gran ite Passage.

SPRI NG 1997 / BOSTON COLLEGE LAW SC HOOL MAGA ZIN E IS noting her interest, finally asked her how much money she had. ''Ten marks," she replied, and with that he selected a small Matisse lithograph and sold it to her for the equivalent of $2.50. Today, the Matisse hangs in Travers's suburban Boston home along with scores of paintings by her paternal g~andfather and the early 20th-century German artists her grandparents acquired before the Sec­ ond World War (among them Christian Rohlfs, Franz Marc, Wilhelm Lehmbruck, and Paula Modersohn-Becker). "I did not know my European grand­ parents," says Travers, "but I know inti­ mately their taste in art. I really know them by their love of landscape and flow­ ers." This connection to Arthur and Lucy Strauss and a past that othelwise would have been lost to Travers is of far more worth to her, she says, than any dollar val­ ue her belongings may possess. The gift Travers inherited from her fami­ ly is as much a legacy of romance, death, and intrigue as it is of art, furniture, artifacts, and ephemera (the entire household) that was shipped to America before the Strausses per­ ished trying to escape the Nazis. Travers's father, pathologist Arnold Strauss, had come to the United States from Germany ahead of his parents, ulti­ mately settling in Norfolk, Virginia. Over the years, as Travers grew up among the treasures, she came to know them and the stories they held. There is the tale of the German banker who risked his own life to get the Strauss's money out of the bank so Margaret S. Tro vers '69 In her office with a walnut statue of St. Peter they could ship their belongings to their son in the States. There is the book of let­ NEVER UNDERESTIMATE THE day I could walk," says Coquillette. "One ters written by German novelist Irmgard POWER OF ART of my first collections got me into a great Keun to Travers's father, her fiance, before deal of trouble." One hot summer's day the war separated them forever. There are I ollectors are a breed apart. They are when he was a little boy, Coquillette the missives from the escaping grandpar­ apt to drop everything to pursue a scoured the Cape Cod beach, gathering all ents, then the silence. The Strausses had hot tip or to fly thousands of miles to fetch sorts of debris and dead sea creatures for a gotten as far as Holland with four days left a prized work. They will sandwich a deal­ marine museum in his backyard. A few before their departure for America when er's visit into a busy workday schedule, hours later, the smell emanating from the Nazis invaded. They were never heard scheme at auctions to outbid another buy­ behind the family cottage became so bad from again. er, and prowl tag sales and church bazaars that he had to throw everything away. But their appreciation for art has lived in search of the ul tim ate bargain. Let there Travers was 11 years old and traveling on, first in their son, who became an avid be no mistake about it: The mere word in Europe with her parents when they collector of Peruvian artifacts, and now in "collecting" can stop a busy lawyer in her stopped at a Zurich gallery. "I thought all their granddaughter, whose own acquisi­ tracks, delay a businessman's next meet­ art was in a museum or inherited," she tions include the fabric art of Ruth B. ing, send a scholar into paroxysms of glee, recalls. "I didn't have the concept that you McDowell, the sister of a Law School and alter the itinerary of a company could buy art. When I saw the Miros and friend. She recently loaned Uneasy Neigh­ president. Matisses for sale, it absolutely set me on bors, a rendering in cloth of Copley The bug often bites early. fire." She returned several times to the Square, to the Museum of the American "I was a collector practically from the gallery to look and wonder. T he dealer, Quilter's Society.

16 BOSTON COLLEGE LAW SCHOOL lvlAGAZINE / SPRING 1997 think he's improved as an artist. I'm delighted to watch his growth and to have For a man who counts among his other participated in it through my purchases. A Welliver just arrived here today," he said, art holdings the highly valued work ofs ome speaking from his Chicago office. For Coquillette, a sense of place is not ofAmerica's great abstract expressionists, only important to his collecting, it is essential to it. Now an historian of univer­ modernists, and pop artists, William Farley sities, Coquillette began his avocation dur­ ing his Oxford years , gathering up the remains loyal to the landscapes ofhis youth. trivia of daily college life. "It's a fun collec­ tion," he says, "and it all started because I L had such a wonderful experience at the university." "Everyone has a different attitude the Maine woods. Farley was not well He has copies of examinations from about collecting, but there is a common acquainted with Welliver's work initially, the 17th and 18th centuries; comic books theme," says Travers, who practices law in but he knew he liked it. "Now I have a about an idiot student named Verdant the Boston firm of Travers & Gargas, Pc. number of his pieces and I've grown to Green; books about educator William "Most of us acquire art in a personal way, appreciate him more and more. I have Spooner, the man whose verbal fumbles either from people we know or because it looked at his work fo r over a decade and gave rise to the term spoonerisms (in is related to a place we care about."

A PLACE IN THE H EART

lace plays an important role m the I collecting of William Farley, chair­ man and chief executive officer of Ftuit of the Loom in Chicago. Born in Rhode Island and educated at Bowdoin College in Maine and at Boston College Law School, Farley possesses· a strong aesthetic attachment to his native New England, particularly to Maine with its rural sophis­ tication. "It's informal and casual," says Farley, "and the coastline is spectacular. I love the warm days and cold nights, the fireplaces in summer, the cool crystal air." For a man who counts among his oth­ er art holdings the highly valued work of some of America's great abstract expres­ sionists , modernists, and pop artists - Roy Lichtenstein, Alexander Calder, Hen­ ry Moore, John Marin, Frank Stella, Jules Olitsky, and Jean Dubuffet, to name a few - Farley remains loyal to the landscapes of his youth. He demonstrates it in his acquisition of the work of such painters as Winslow Homer, Fairfield Porter, and Marsden Hartley. He also collects contemporary Maine artists, either for the fun of discovering and nurturing emerging talents or as part of cultivating friendships with the artists he admires. One example is Alex Katz, whom Farley has gotten to know person­ ally and whose Granite Passage appears on page 14. Another is Neil Welliver, a painter noted for his realistic depictions of Tn via rush.· Daniel R Co quillette co llects ephemera about hiS beloved Ox ford University.

SPRl NG 1997 / BOSTON COLLEGE LAW SCHOO L lvlAGAZIN E 17 wonderful art that has meaning to you," he says. "It's a feeling that is hard to '7ts always just a thrill to be able to look at describe, to have it in your office where you spend so much time. You take a break, wonderfol art that has meaning to you, " says William look up and see a piece that you think is beautiful. I feel like the luckiest guy." Simon. '7ts a feeling that is hard to describe, to have As many patrons discover, once they begin collecting, they can rarely stop. it in your office where you spend so much time. " With the American West as his prevailing theme, Simon also buys paintings by L George Catlin and Karl Bodmer. "One of the neatest aspects of the work of Bodmer is that he was commissioned by Prussian toasting his dear Queen Victoria, he once Coquillette's love of history extends to Prince Maximilan to ride up the Missouri blurted, "to our Queer Old Dean"); and rare books. When he was a student at River in the 1830s. He painted the land­ posters warning students to stay away Williams College, he spent a lot of time in scape and the Indians along the way. The from the townsfolk on the anniversary of a the school's Chapin Library of rare books, tribes were later wiped our by a plague. famous town-and-gown rumble on Guy loving the quiet, the smells, and the tex­ Bodmer's renderings are the only ones of Fawkes night. tures. The librarian noticed his curiosity those extinct tribes." 'This is the picture of a great universi­ and began teaching Coquillette many of The preciousness of art as historical ty but not the formal portrait," says the secrets of printing, binding, and curat­ record is not lost on James Champy, Coquillette. "What is the purpose of hav­ ing. In 1996, when Boston College Law chairman of the international consulting ing a private collection that is not just for­ School opened its new library, the rare firm, Perot Systems Corporation, in Cam­ mal books but contains all this trivia? book room was named for Coquillette. bridge, Massachusetts. "Art represents a Well, the scholarly libraries keep the "The reason I supported the rare book certain point in time. It is a way of relat­ books, but private collections are the only room so passionately," he says, "is because ing to that point in time and understand­ source for the trivia. In didn't collect these I know the way that people will become ing it, a way of seeing through others," he posters, guidebooks, postcards, and pam­ interested is by walking in and looking says. "And because I think art is essential phlets, they'd be lost forever. Besides, I around. Law students in a modern library to one's environment, it's very important think they give a more compelling view of don't use books; they use databases. How to support younger artists. They are writ­ what life was really like." else are they going to learn about books ing the history of the present." Apparently, Coquillette is not the only not just as a source of information but as Environment is indeed a key operative New Englander with a fondness for such an art form?" word for Champy, an engineer, and his things. H e considers his best buy in the wife, Lois, an architect, whose talents are Oxford collection to be something he pur­ LIVING WITH ART well suited to creating an entire world chased at a bookstore in Marblehead, from space and three-dimensional shapes. Massachusetts: a first-edition volume of he impressions of youth can indeed Their aesthetic informs a collection that is Verdant Green he got for 50 cents. His II awaken an enduring interest in col­ as much lived in as looked at: the best find was a bundle of old Oxford lecting, as William Simon's undergraduate Champys reside in a home of their own guidebooks that a suburban Boston forays to the Clark Art Institute can attest. design, sit in the chairs and read by the woman had stashed away Years later, when his mother gave his lamps of Alberto and Diego Giacometti, in a hen house on her father a work by Remington, the gesture sleep beneath two reclining nudes (one property and then donat­ reignited in Simon his long-dormant front view, one rear view) purchased years ed to a Bryn Mawr used- fondness for the famed sculptor of the apart and discovered by chance to be by book sale. American West. His father shared his the same artist. interest, and soon the two found them­ Their most significant collection is ear­ selves transformed from admirers to col­ ly 20th-century European furniture, bur lectors, though Simon modestly deflects their holdings include an Auguste Rodin, the title. "To call me a collector would be work by Reginald Marsh and Walt Kuhn, a misnomer," he says. "We own some and figure and portrait paintings and pieces, 30 or 40 pieces. I wouldn't call it a drawings by American modernists and collection." contemporary Boston artists such as Allan Like Farley, -lfavers, and Coquillette, Rohan Crite. Simon lives with his art, collecting what The Champys' involvement in art gives him pleasure, displaying it in his extends to the local arts community - home and in the Los Angeles office of Lois is a trustee of the Massachusetts Col­ William E. Simon & Sons LLC. "It's lege of Art and Jim has raised money for always just a thrill to be able to look at the school. They are well-known figures at

18 BOSTON COLLEGE LAw SCHOOL Ivl;\GA ZJ NE / SPRlN G -'-997 area galleries, artist studios, and fundrais­ ers. "We enjoy living with art," says Champy, "but we also enjoy artists and The most important criterion in collecting is knowing them and talking to them. So we buy art of the period from around Boston buying what appeals, which in Janet Hoffinan's case and New England." Janet Hoffman, a lawyer with Fross, can mean anything from a traditional self-portrait Zelnick, Lehrman & Zissu, P.e., in New by Robert Beauchamp ... to an outrageous toilet bowl York, doesn't simply visit artists' studios, she lives in a loft containing one - the by Mexican ceramist Luis Miguel Suro. workplace of her artist husband Leonard Rosenfeld. A Wellesley graduate and linguistic L scholar before obtaining her degree at the Law School, Hoffman acquired art casual­ says, "but now I'm drawn ro good paint­ Kline, and Jackson Pollack, Rosenfeld ly before meeting Rosenfeld. "He was the ing; I have a better sense of what's good shares with his wife the recognition that first really good artist I ever collected," she and what's junk. I've discovered I have an good art need not be necessarily expensive says with a laugh. Shortly after they had instinct for it. " or well-known. met, he came to her apartment, she says, Rosenfeld, a self-described narrative One of their favorite artists, Konstan­ "and the only piece of art he liked was artist because of the storytelling of his art tine Bokov, sells his work from a shopping something I'd painted when I was 12 work, creates in various styles that run the cart 011 the streets of New York. "He years old. A crayon and watercolor." gamut from crayon renderings of elevated comes out with his cart, wearing a black That has changed. Rosenfeld has taught rail toad tracks in Manhattan to wire­ coat with white writing all over it, and a Hoffman a lot about art, and they own bound frames containing elements of black cap," says Rosenfeld. "He does beau­ about 100 pieces. "I was always drawn to tough urban scenes. Despite being a col­ tiful work: paintings, constructions that color, form, and subject matter," Hoffman league of Will em de Kooning, Franz he sells for $10 to maybe $40 or $50." Their most important criterion in col­ lecting is buying what appeals, which in Hoffman's case can mean anything from a traditional self-portrait by Robert Beauchamp or a hard-edged abstract painting by Roy Newell to an outrageous toilet bowl by Mexican ceramist Luis Miguel Suro. "On our level, it starts off with liking the piece," she says . "If you're talking about a millionaire collector of great art, then I guess you might buy a piece you don't care for, but we buy what we like." Hoffman's words echo the sentiments of her Law School colleagues. For all of them, collecting is a pastime that is based less on a rational, economic agenda (though that element is often present) than it is on a more emotional, instinctive pursuit of beauty and memory. "It makes my world bigger somehow. "My little space is richer," Hoffman says. "I don't mean monetarily richer, just richer." _

Vicki Sanders has written about the arts for the Miami Herald, the Boston Globe Magazine, Rhode Island Monthly, and numerous other publications. She is the editor 0/ the Boston College Law School Maga­ zine and the president o/Vicki Sanders Com­

Art of th e American West holds a deep a ttraction fo r William E. Simon Jc '82. munications, a publications consultingfirm.

SPRI NG 1997 / BOSTO N COLLEGE LAW SC HOOL MAGAZINE 19 ROS 0

George P Field 78 spent seven years trying to protect a mural by John Moakley. Shown here is an example of the artist's work though not the one for which Field fought so hard.

20 BOSTON CO LLEGE LAW SC HOOL MAGAZ INE / SPRlNG 1997 F ONO

George P. Field's valiant battle to save a work ofart

By Dan Kennedy Photograph by Dana Smith

RAVEL TO THE CENTER of East Bridgewater, Massachusetts, and you'll find a classic New England scene. A handsome common with a gazebo, two war memorials, and neatly laid red-brick pathways. An American flag fluttering overhead. And across the street, a church dating back to the early Puritan era, its magisterial white spire emanating heavenward from otherwise modest surroundings.

Take a stroll through the churchyard, subjects as civil unrest, nuclear war, and though, and you'll find something else: a drug abuse. Field, representing Moakley 68-foot-long concrete foundation, level pro bono through the Volunteer Lawyers with the ground and running from the for the Arts in Massachusetts, was deter­ side of the building through an expanse of mined not to let it happen. shrubbery, with chips of ocher-colored Field's weapon was a little-known state stone scattered along the way. law called the Art Preservation Act (APA), It was here, a quarter of a century ago, which forbids property owners from where a sculptor named John Moakley destroying or defacing arrwork that comes toiled for a year, mounting some 600 indi­ into their possession. Field and Moakley vidually carved ceramic panels to create a lost - rwice. In the first instance, Massa­ panoramic mural depicting the history of chusetts Superior Court Judge Catherine Boston's South Shore, from the earliest White ruled in 1992 that Moakley's mur­ European settlements to the social turmoil al was a "work of fine art of recognized of the late 1960s and early 1970s. quality" entitled to APA protection, but And it was here where attorney George that requiring the church to maintain the p. Field '78 waged a seven-year battle to mural would amount to an unconstitu­ save Moakley's mural from destruction at tional abridgement of its religious free­ the hands of the Grace Bible Church. The dom. In the second instance, the Supreme conservative Christian congregation pur­ Judicial Court late last year decided on chased what had long been known as the narrower grounds that the APA, which First Parish Church in 1989, and immedi­ went on the books in 1985, could not be ately sought to dismantle the wall, whose applied to protect art in existence before secular themes included such controversial the law's effective date. ~

SPRING 1997 / BOSTON COLLEGE u..w SCHOOL MAGAZINE 2 I Just before Christmas, the wall came by the church - which led to Rich's sug­ he wanted the mural removed. Otherwise, tumbling down. The foundation and the gesting something grander. The result: the he said, he'd order it knocked down. reddish clay chips are all that is left. historical mural in the churchyard, which "[The mural] was highly controversial and "How can we put a positive cast on a took a year's worth of 12-hour days to pro­ political," Eastwick later testified in court, case that we lost?" muses Field, a thought­ duce, and whose $2,500 fee didn't even "and we really wanted to distance our­ ful, good-humored 47-year-old. Field offset the cost of the materials Moakley selves from that and return it to a house of concedes that, for Moakley, there was little purchased. worship." consolation: a sculpture in which he'd It was the most ambitious work Moak­ During a church clean-up day that fall, invested his soul was destroyed, and he ley had created, and it came from the the most controversial section of the mur­ had to endure a legal gauntlet that was heart: Rich hadn't suggested a theme, and al, depicting drug abuse and civil unrest, antithetical to his artistic temperament. Moakley had complete freedom. The was destroyed; Eastwick said it was an Even though the SJC's decision struck mural took the form of a tim eline, with accident, though Moakley thinks other­ the fatal blow in the case, by appearing to the earliest scenes of Native American and wise. Moakley, outraged, recalled reading accept the constitutionality of the APA the Colonial life on the left, proceeding something about the APA. He got in court helped to advance an evolving legal through the Revol utionary War, the touch with Volunteer Lawyers for the Arts concept of moral rights - the notion, on Industrial Revolution, the Civil War, and, (VLA) through board member Sigmund J. the books in about a dozen states and on the right, World Wars I and II, fol­ Roos. Roos, in tum, referred Moakley to enshrined in international copyright law lowed by the civil unrest of the 1960s. George Field, who had only recently since 1988, that an artist maintains some T he work, dedicated in 1973, was well­ joined VLA's roster. (Field and Roos are control over how his or her work is used regarded, receiving favorable reviews in now partners, along with associate Jen­ even after the property rights have passed newspapers, and even getting mentioned nifer McGuone Lantz, in their own firm, to someone else. in a guidebook for tourists. Schoolchild­ Field & Roos LLP, which specializes in "The next artist to use the APA will ren would visit the mural on fi eld trips to resolving commercial disputes, including have John Moakley to thank," Field says. learn about the history of the area. "It was trials, appeals, bankruptcy, and intellectu­ "There's also the satisfaction of knowing generally acknowledged to be a pretty fair al property law.) we did the very best we could. This is not piece," is the way Moakley puts it, Field sought and obtained a temporaty an instance where an artist just rolled over although he quickly adds: "I don't specu­ restraining order; the church responded by and let people do to his work whatever late on my own work. I just do it." covering the mural in black plastic, a step they proposed." But the forces that would eventually Moakley considered almost as offensive as destroy Moakley's mural were beginning destruction of the work seven years later. HOW ART CAN BECOME A VICTIM to stir. Rich was a divisive figure within The church's principal argument was OF POLITICS the community, both for his outspoken that it should not be forced to maintain a antiwar activism and for his loose-lipped piece of art that it found uncongenial to ohn Moakley is a man of craggy fea­ penchant for provoking controversy. A few its religious mission - and that Moakley, Dtures and flinty demeanor. Trim and years after the mural was completed, Rich the town, or any interested third party was fit-looking in jeans, sneakers, and a flannel was alleged to have stolen from his con­ free to move the mural to any place they shirt, with thin, sandy-gray hair, bushy gregation and was driven out of town. liked. The trouble was, it was estimated eyebrows, and a beard, Moakley offers a And, in a harbinger of what was to come, that it would cost at least $15,000 (and visitor a brief tour of the Waldo-Moakley the town purchased the common by emi­ possibly much more) to move the mural, Art Gallery, in a small commercial devel­ nent domain and destroyed Moakley's and no one was willing to fund such an opment in Dennis, Massachusetts. antiwar mural, apparently as a final rebuke undertaking. In addition, Moakley insist­ Upstairs are bold-looking sculptures pro­ to Rich. ed that he had designed the mural with duced by him and his partner, Sonni Wal­ In the wake of Rich's apparent mis­ the specific churchyard location in mind, do. Downstairs is a studio filled with management, the First Parish Church had and that moving it would undermine the works by their students. Moakley declines to be sold. It changed hands several times; integrity of the work - a proviso covered to reveal his exact age, although he con­ by 1989, when the Grace Bible Church by the APA, which grants artists certain cedes the accuracy of newspaper clippings expressed interest in buying it, the struc­ rights over the way their work is displayed. that place him in his mid-60s. "I don't like ture was being used by a Hare Krishna In the end, though, Field's legal work categories," he says simply. "That's a small sect. The years had taken their toll and the was not enough to overcome the church's protest on my part." building was in disrepair. religious-freedom argument and the fact Moakley was living in Middleborough According to the church's subsequent that Moakley's mural predated the APA. in 1970 when he got to know the Rev­ court filings, the mural, too, had deterio­ Moakley credits Field with "working erend John Paul Rich, minister of the First rated, although Moakley says he'd done awfully hard" on the case, but adds that Parish Church, which was a Unitarian maintenance work on several occasions. In when the SJC handed down its ruling, he Universalist congregation. Moakley did any case, shortly after taking charge of the had no stomach to keep fighting, which some work for the church - including an premises, the new pastor, the Reverend theoretically he could have done by claim­ antiwar mural that he built on the East Maurice Eastwick, notified the East ing copyright protection and taking his Bridgewater town common, then owned Bridgewater Historical Commission that case to the federal courts.

22 BOSTON COLLEGE lAW SCHOOL MAGAZINE / SPRING 19 97 Alfred Yen: A Friend to the Arts, Even When the Going Gets Tough

When Alfred Yen hears the late Roy no matter how hard he worked, he of the New England Conservatory and Orbison warbling and snarling his way could probably not transform himself president of the Harvard Pierian Foun­ through "Oh, Pretty Woman," the pic­ into one of the top concert violinists in dation, which supports the Harvard­ ture that pops into his mind can be the world. Radcliffe Orchestra (he was concert­ described by two words: fat and ugly. "That's one of those decisions you'll master of the orchestra when he was a It's not that Yen, an associate profes­ second-guess for the rest of your life, Harvard Law student). And he sits on sor of law at Boston College Law even though there's no way I can com­ the board of directors of Volunteer School and a Volunteer Lawyer for the plain about how it's turned out," says Lawyers for the Arts. In that capacity, Arts, is hearing things. It's just that he Yen. His loft-like office is filled with Yen was one of a number of lawyers cannot forget the scenario laid out in books, computer equipment, even a who helped George Field '78 put "Big Hairy Woman," the rap group 2 bicycle wheel - which is not trans­ together an appeal to the Massachu­ Live Crew's parody of Orbison's classic portation but, rather, a classroom prop. setts Supreme judicial Court last year, - a parody that the U.S. Supreme Yen's involvement in the arts arguing that the Grace Bible Church in Court in 1994 ruled to be constitu­ remains substantial. He is an overseer East Bridgewater had no right to tionally protected free speech in part destroy a mural constructed before the because of an amicus curiae brief writ­ church bought the property. ten byYen. "I like to give people advice," Yen "I'll never think of that song the says of his career switch from artist to same way now," says the 38-year-old advocate, "and I don't mind arguing Yen, an intellectual property specialist with people occasionally." Besides, he with a keen interest in both law and adds, intellectual property law is all the arts. about "the creations of the mind" and Born in Boston to Taiwanese immi­ therefore continues to challenge his grants who were studying at MIT, Yen own artistically tuned creative intelli­ was raised in Los Angeles, where he gence. On its face, you don't have to took up the piano at six and the violin understand art to practice copyright at nine. He was a serious musician law, Yen says, "but copyright is just throughout high school and college another way of understanding art.... You (Stanford, where he earned a bache­ have to appreciate art the way courts lor's degree in mathematics and a mas­ tend to view it, with varying degress of ter's in operations research), and spent sophistication, depending on the judge. summers at the Aspen Music Festival. You can easily identify the aesthetic He considered pursuing a career in theory that influences the judge:' music toward the end of his Stanford Yen is currently writing an article years, but opted for Harvard Law titled "Copyright Opinion as Aesthetic School after deciding there were more MusIClan-turned-law-school-proressor Fred Yen knows Criticism," which examines how public career opportunities. In part, he says, how to ploy both Sides or the intellectual property response to art influences the laws that he was daunted by the knowledge that fiddle. so to speak. deal with it.

"It was the largest piece I had ever showed the mural interfered with the the basis of the lower-court ruling - was done," says Moakley. "It was dedicated to church's mission. Even so, he acknowl­ "the right way to decide this." my recently deceased father. Obviously, it edges, it was a powerful element. "We Then, too, the refusal of the East meant a lot to me. But the bottom line is, always understood that there was at least Bridgewater Historical Commission to politically, it's very difficult to fight a reli­ one other side to the story," he says. intervene forced Moakley and Field to rely gious group. We have to move on, and Robert Cooley, of the Boston law firm upon an obscure, virtually untested state certainly there's nothing to be gained from of Jacobi & Associates, who argued the law. Because of the church's historical val­ mourning what can't be changed." church's case before the SJc, calls the "com­ ue, the commission must approve any peting interests" of the church's First changes to the property. Certainly, the THE LEGAL CONUNDRUM Amendment religious-freedom rights and commission could stop the church from Moaldey's First Amendment freedom-of­ painting the building, say, lime-green; yet iii eorge Field contends that the church's expression rights "what made the case so it made no effort to stop the destruction of ~ religious-freedom argument was interesting." In fact, Cooley expresses some the mural. without merit: it introduced that argu­ disappointment that the SJC fell back on Despite the fact that the commission ment haphazardly and at the last minute, the narrow issue of retroactivity, explaining and it never produced evidence that that he believes that religious freedom - continued on page 36

SPRING J997 / BOSTON COLLEGE L\W SCHOOL MAGAZINE 23 There's never a dull moment in the wild and wondeiful world ofcultural affairs

0, IT'S NOT ANOTHER WORD FOR "LA LAW," nor is it synonymous with the blind-faith bumbling of Broadway Danny Rose. Entertainment law encompasses all aspects of a burgeoning industry, from pro­ gramming to distribution, from copyright to merchandising, from theatrical management to censorship. It is a business as much shaped by celebrity as by substance and one that can be defined broadly to include everything from ballet companies

to sports teams. ~

By John F. Lauerman Illustration by Karen watson IIII ----~ Entertainment law is not a definable Intercollegiate Athletics, and he is current­ set of laws, like contracts or torts, but an ly a visiting professor at Ohio State Uni­ area in which a wide variety of laws are versity Law School. applied, and the field is growing. As Entertainment law has become increas­ Boston College Law School Professor ingly popular with Law School graduates, Robert C. Berry points out, the cost of not only because of its cachet, but because producing a typical Hollywood film has of the multitude of opportunities it offers. grown over the past 20 years ftom $8-$9 Here we introduce to you just a few of the million to some $40 million today, 5 per­ Eagles who have found their niche in the cent of which may be legal costs alone. big time. On with the show! Twenty-five years ago, in an era before sports and entertainment were synony­ SHOW BIZ BOY media and the opportunities they pre­ mous, Berry began offering his course in sent." Regulation of Professional Athletics. He t wasn't until a few years after he had Today, Neigher is involved in both says it was the first such class in the coun­ Dgraduated from the Law School that contract negotiations and litigation in the try. As he recalls, 1972 was three full sea­ Alan L. Neigher '65 looked back to his entertainment world. The cases of which sons after the four major professional roots and realized that he had loved show he's most proud have focused on securing sports - baseball, football, basketball, business all along. By the time Neigher rights and recognition for artists. In one and hockey - developed collective bar­ was a teen, he was a seasoned observer of instance, he represented the estate of the gaining agreements; the year that the so­ glitz. While his high school friends were late Nelson Riddle, whose arrangement called Curt Flood decision reaffirmed reading Sports Illustrated, he read Variety, for Unforgettable backed up Natalie Cole's baseball's antitrust immunity; and when and he knew the names of hundreds of 1991 Emmy Award-winning version of Patriots quarterback Joe Kapp filed an actors and writers. The explanation, he the song. Unfortunately, the credit for antitrust suit against the National Football says, was that the entertainment world was the arrangement was given to another League. In short, it was a time when sports part of his home. composer. was breaking out of the old-fashioned, "My father was a gossip columnist in "When the award was called to the closely knit mold of paternalism, and the old-fashioned tradition," recalls attention of Mr. Riddle's widow, she was players and teams were beginning to assert Neigher. "He wrote crisp, flowing very upset that her late husband's contri­ their rights. columns full of short items - bang, bang, bution had gone untecognized," Neigher "J contacted the Sullivans [former bang. Walter Winchell would sometimes recalls. "When we apptoached Elektra owners of the Patriots] and they sent me call our house, and we have pictures of Music and tried to convince them to all the court papers to use in my course," my father with Cary Grant and lots of change the credit for the arrangement, recalls Berty. "It was also the year of the other stars." they laughed at us. So we sued in the U.S. Munich Olympic massacre, so there was a When Neigher first opened a small District Court under the Lanham Trade­ lot going on in sports at the time." practice in his hometown of Westport, mark Act of 1946. Elektra got the point Berry, an experienced negotiator who Connecticut, he didn't even think of and setded out of court." has represented the Boston Red Sox in working in entertainment law. Eventually, In 1988, Neigher also represented arbitration hearings, stopped thinking however, a few of the authors he repre­ sportswriter Peter Golenbach, author of about sports and entertainment as sepa­ sented sold their book rights to film pro­ Personal Fouls, an expose of recruiting rate domains when he realized that many ducers and started to have some success. abuses and other questionable practices in of the problems having to do with con­ As his involvement in their careers grew, the North Carolina State University men's tracts, litigation, and client relations were he realized that his understanding of the basketball program under the late NCAA similar. He then began offering Entertain­ entertainment industry was invaluable. Championship-winning coach, Jim Val­ ment Law, which immediately rose to the Just as important, he thinks, was his rela­ vano. When word of the book's inflamma­ top of the charts in student popularity. tive indifference to celebrity. tory contents leaked out, Valvano and the The soft-spoken professor has been a "I was never impressed by talent," he university threatened to sue. Golenbach's mentor to many students who have gone says, "because I already knew so many publisher declined to print the book. on to careers in entertainment law, such as stars and what they were like. The key is Neigher sued to have the rights Glenn Wong '77, now chair of the sports the development of the written word. The returned so the book could be published management program at the University of idea and the way it's expressed become the elsewhere. "Carroll and Graf ended up Massachusetts at Amherst, with whom he software; the film, the video, the gadget, publishing it," he says. "It was an instant co-authored Law and Business in the Sports the toy, all stem from that original idea. hit and spent five weeks on the New York Industries. Another textbook, Law and All the media are intelwoven today: a Times bestseller list." Business in the Entertainment Industries, is magazine article becomes a book, which also available at law school campuses becomes a screenplay, which becomes a THE MUSIC MAN nationwide. Berry himself has taugh t these Saturday morning cartoon, which courses at many law schools, as well as the becomes a series of action figures. In always wanted to be in entertain­ occasional seminar, Legal Problems in essence, you've got to understand the new II ment, from my first taste of it," says

26 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1997 Shea's clientele spans the entertainment world, including the Boston Dance Company, the Boston Rock Opera) rock singer/songwriters) the choreographer Patrie Lacroix) as well as art collectors) patrons) and p roduction Glenn A. Gulino '89. "1 was in a band, companies for films and music. and I loved performing. We were called Manoverbord, whatever that was sup­ L posed to mean. What jazzed me was the crowd, being on stage, and having all your peers be excited about the music you ers on his own, including the band Room­ added insight into the wants and needs of were playing. ful of Blues. Eventually, he realized that to the artists and performers who form the "In high school, I got to a crossroads be satisfied with his work he had to get bulk of her client list at Carroll Associates, where 1 had to decide whether I wanted to more involved in entertainment. In late a law and consulting firm for the arts go to music school or do something more 1993, he was accepted into an agent train­ in Boston. professionally oriented. 'Do 1 want to be ing program at William Morris Agency in "1 like helping people in the same posi­ one of them or represent them, so I can be New York, the largest and oldest talent tion I was in," she says. "There's a lo t of in that world?' I wish I were more talent­ agency in the world. hand-holding dispensed in addition to ed on the music side, but I found that I Today, Gulino is an agent at William legal advice, and you end up playing psy­ was perhaps more motivated to be in on Morris involved in product licensing and chologist, best friend, confidant, as well as the business side of it. Music was my hob­ merchandising. The business involves all business and legal advisor. There are by, and I tell people that if you can turn kinds of performers and all kinds of prod­ things you find out, like which dancers are your hobby into a job, then you're bound ucts: T-shirts, scents, sneakers, watches, pregnant and about to leave the company, to be successful. " bags - you name it. He works closely and who's buying an engagement ring." Gulino got a head start in the field by with clients to find products they feel Shea started out as an assistant district managing and booking bands in the comfortable artaching their names to. attorney in Boston, but was attracted to Boston area. By the time he was a junior at "It makes our job easier if we know the independence of a private practice. Boston College, he was sitting in on Pro­ what direction the client wants to go in," Her clientele spans the entertainment fessor Berry's course in entertainment law, he says. "It's when someone has no ideas world, including the Boston Dance Com­ looking for ways to resolve some problems about what products they'd like to be asso­ pany, the Boston Rock Opera, rock he was encountering in his work. After ciated with, or wants to be in a world singer/songwriters (one named Free, graduating from the Law School, he they're not suited for, that we have the another, Bleu) , the choreographer Patric worked in a large corporate law firm for most problems. But we never close doors; Lacroix, as well as art collectors, patrons, five years but kept his hand in entertain­ if a client has strong opinions about some­ and production companies for films and ment by representing a variety of perform- thing, we discuss the pros and cons and do music. The type of work she does is just as what we can." varied: in addition to contracts, copy­ Gulino says the most gratifying deals rights, trademarks, record deals, and con­ have not been the big ones: "It's been signment agreements, there's a lot of gen­ when I've taken small properties and eral legal work such as real estate, wills, younger artists and found a product and a and trusts. consumer that works for them. That is "There are lots of rewards," she says. found money for the client, and they like "Personally, I can relate to the people with to know that someone is out there in the whom I work, and it's always exciting to trenches working for them." be part of a production, even when you're not performing." AN OTHER OPEN ING, ANOT HER SHOW "Plus," she adds, "there are a lot of free tickets." 1m egan Carroll Shea '92 has been in The New York practice of Marguerite IW toe shoes since she was a four-year­ M. Andro '80 is similar to Shea's in that old in Chicago. While most people she's involved in a variety of legal situa­ wouldn't consider this to be training for a tions; however, the bulk of her work focus­ Matching celebniles to products. Glenn A. Gulino ·89. law career, Shea found that it gave her es on the business affairs of one client, Joe

SPRING 1997 I BOSTON COLLEGE LAW SCHOOL MAGAZIN E 27 Cacaci. A writer and producer, Cacaci's attached to an antenna. One person who credits include the prime-time miniseries clearly remembers that time is Andrew P. "The Trials of Rosie O'Neill," the televi­ Brilliant '73 because in 1980, while the sion movie "Not in My Family," as well as country was becoming sheathed in a fish­ several plays, including Old Business. net of cables, Brilliant was working for a Andro handles all of his contract work. fledgling station in Bristol, Connecticut, "What's interesting about working in called ESPN. television is that often the contracts are Brilliant had started out in the cable signed after the work has begun," she television bureau of the Securities notes. 'Things happen so fast in Holly­ Exchange Commission (SEC), where he wood that Joe is writing and attending worked on the first authorization for a pri­ preliminary meetings before the networks vate communications satellite, which went and made reference to SEC tariffs that have sent out the paperwork to us. It's pos­ to RCA American. He had a feel for satel­ were totally irrelevant. It would have been sible that a show will be on the air before lites, as he says, and what they could do laughable if it hadn't been for the fact that there's any signed deal. A lot is based on for television, and he was the first lawyer we were in a life-and-death struggle to sur­ trust out there." hired by HBO to negotiate contracts with vive. Getty came very close to pulling the plug." ESPN thrived, and Brilliant has since moved to another company, a pair of linked networks in Stamford, Connecti­ cut, called Speedvision and Outdoor Life, where he is senior vice president of inter­ national sales. Bur Brilliant's latest jump was a small one compared to one taken back in late 1979 by Leonard F. DeLuca '77. Then an associate doing litigation work at White, lnker, Aronson, P.C., in Boston, DeLuca was driving down the Mass Pike, listening to a Celtics play-by-play, and wondering whether to take a shot at a job offer. He had just received a call from Boston Col­ lege graduate Kevin O'Malley, who was vice president for communications at Performing artist and Masai warrior Mpeti Ole Surum is among the clients of Megan Ca rroll Shea '92 CBS. O'Malley had asked DeLuca to join his team, and DeLuca, who had done Although she had no aspirations to local cable distributors. some sports reporting at local radio sta­ work in entertainment law as a student, "The principle was to establish their tions, decided that it was a career change Andro took the entertainment law and cable network affiliate base," Brilliant he would welcome. copyright courses and briefly worked with recalls, "so I traveled around the country Boston's American Premier Stage in 1980, three or four days a week and negotiated immediately after graduation. Three deals with cable operators. They had just years later, she joined the practice of an begun transmitting a few months before, established New York entertainment and they were the first cable station to use lawyer, Harold Messing, and got involved a satellite." in every aspect. Not long afterward, ESPN hired Bril­ "I found that I like contracts," she says. liant to do for them what he had done for "I liked drafting them, editing them, HBO, only there was a significant detail reviewing them. It's not like litigation, that Brilliant was unaware of: ESPN's pre­ where you might win something, but your vious legal work had been done by their client is never really happy. It's a positive parent company Getty Oil, and all their thing, and I like working toward some­ contracts with local operators looked sus­ thing positive." piciously like oil leases. He took it upon himself to develop THE SPORTING LIFE contracts that would suit the business. "It was really mind-boggling," he says. t's hard to believe today, but there was "These cable affiliation agreements were I Sports programming with the big guys: Leonard F a time when every television was written on parchment, folded in thirds, DeLuco 7 7.

28 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRlNG 19.97 erty are at stake, where the remainder of that person's life may be spent incarcerat­ ed, if you can prepare for one of these cas­ es, then you can do anything. "The criminal case presents you with a set of facts and a position you must take, and it forces you to make decisions. And in live sports programming, the decision­ making, the negotiating, and the competi­ tion are all relentless. I think that in the arena of live programming - sports and From 1980 ro 1982, DeLuca was the news - you'll find that a disproportionate legal "in-house cop" for all of CBS' sports number of executives are trial lawyers." programming, responsible for ensuring Frie nd to Capote and Billy Jo el: Th omas McVonn '7 I. that the network's contracts were accurate LONE STAR and fulfilled. At about that time, excite­ ment was building around college basket­ t was an unlikely scenario: in 1978, and other notables. Once when McVann ball, and DeLuca was made part of the I Thomas MeVann '71 had just left the was representing Truman Capote on a team negotiating contracts for the NCAA Suffolk County District Attorney's office misdemeanor charge, the renowned basketball tournament, often called the in Eastern Long Island to open a private author showed up for his court date in Final Four. Eventually, as vice president of practice in the resort community of West­ pajamas to protest the early hour of football and basketball programming, he hampton Beach, when he suddenly found his arraignment. was pur in charge of "everything that was Some of McVann's visibility has come from his work in the first case in which DNA fingerprinting was used. McVann was asked to represent Leonard Callace, Once when Thomas McVtm n was rep resenting who had been convicted of rape in New York yet maintained his innocence. Truman Capote on a misdemeanor charge) McVann, who had graduated from St. Louis University with a degree in biology the renowned author showed up for his court and had taught biology and physics, saw a potential application for DNA technology date in pajamas to protest the early hour and took on the case. "I realized that if I could find physical evidence from eight ofhi s arraignment. years before, perhaps the DNA could exclude him as a rapist," McVann says. L Callace's exoneration was followed by tremendous publicity. kicked or dribbled, college or pro, at himself representing Caroline Kennedy. More recently, because of his expertise CBS." In 1994, he became vice president "They had issued the warrant for her in DNA evidence, McVann was frequent­ of programming at CBS Sports, where he arrest on a traffic charge after she'd left a ly called upon by the media as an expert in established relations with the college foot­ party at George Plimpton's," recalls the 0.]. Simpson case. ball Bowl Alliance and extended CBS' McVann, "and Jackie Kennedy knew Pete "It's interesting to represent celebrities, rights to the Final Four through the year Hamill who knew Jimmy Breslin, whom I because they're often more concerned with 2002. Last year, he jumped from CBS to knew from an earlier job in the DA's office what's going on in the press than what's ESPN where, as senior vice president of in New York City. I was the only lawyer going on in the case," McVann says. "I programming development, he works on Breslin knew in the Hamptons. So Jackie guess I try to handle everything in a digni­ their major projects such as NASCAR Kennedy retained me before I even had a fied manner and not to pander to the press auto racing and a new Bowl Alliance phone in my office, and the reporters were for the sake of publicity, and I discourage agreement that will bring more college writing that this lawyer was so chic that clients from doing that, too." _ football to ESPN in 1998. his number was unlisted." "How does a BC law degree have any­ It was the beginning of a series of high­ thing to do with this?" DeLuca asks. "I go profile cases for McVann. He has since all the way back to the Newton Campus, represented the likes of rock star Billy Joel; John F Lauerman is a freelance writer where I was taking Trial of the Criminal Denis O'Brien, a one-time manager of the living in Brookline, Massachusetts. His book Case, taught by Monroe Inker. He once Beatles; Amy Fisher, now incarcerated for Diabetes, co-authored with Dr. David M. said in class that if you can try a criminal the attempted murder of Mary-Jo Butta­ Nathan, was published in April by Times case, one in which someone's life and Iib- fucco; former President Richard Nixon, Books.

SPRI NG 1997 / BOSTON COLLEGE LAW SC HOOL MAGAZINE 29 30 BOSTO N COLLEGE LAW SCHOOL i\V\GAZINE / SPRl N G 1997 sents the undue influence doctrine as pro­ In 1948 Kaufmann took up painting viding the double benefit of protecting and moved to New York City, where he I EI ~~~ ~I:~RE ;~: freedom of testation as well as preventing met Walter Weiss. Kaufmann and Weiss' hands at death in the overreaching by others, the doctrine has relationshi p was both professional and received wide support. personal. Weiss was employed as Kauf­ United States. T his passage of In this article, I challenge the domi­ mann's financial advisor and was given a wealth brings into focus the ten­ nant paradigm. I show that rather than general power of attorney. The following furthering freedom of testation, the undue year Weiss moved into Kaufmann's apart­ sion between the belief that people influence doctrine denies freedom of tes ta­ ment where they lived together for 10 should be able to dispose of their tion for people who deviate from judicial­ years until Kaufmann's death. The rwo ly imposed testamentary norms - in par­ men shared interests in art and literature wealth as they wish and society's ticular the norm that people should pro­ and traveled together extensively. For interest in maintaining social sta­ vide for their families . I argue that this many years of their relationship, Kauf­ approach fails to recognize that family mann gave Weiss annual gifts of $3,000 bility. Nowhere is this tension more protectionism is built into the velY fabric (the maximum amount that could be giv­ apparent than in the law of undue of the undue influence doctrine. Rather en free of gift tax). Weiss was also given than resulting from a misapplication of the power to make decisions in the event influence. the doctrine, I show how the correct appli­ of Kaufmann's illness or death. The concept of undue influence is part cation of the doctrine mandates a prefer­ Kaufmann executed a series of wills of the popular culture, with cases often ris­ ence for the biological family over non­ during the course of his relationship with ing to the level of media event. One need family members. The doctrine does not Weiss. In 1950 his will provided for most only open a newspaper to see a case act to protect the intent of the testator, but of his property to go to his brothers and involving this doctrine - Doris Duke, rather to protect the biological family Joel's children. From 1951 to 1959 Kauf­ Georgia O 'Keeffe, J. Seward Johnson, and from disinheritance. mann revised his will five times, each time Pearl S. Buck are just some of the famous giving Weiss a larger share of his estate. In people whose wills have been challenged THE KAUMA NN CASE his final will, executed in June 1958, one based on the undue influence doctrine in year before his death, Kaufmann gave his recent years. The prevalence of this doc­ t is useful to test the dominant para­ interest in Kaufmann Furniture to his rwo trine is not limited to the rich and famous. I digm through the lens of a particular nephews and left the remainder of his In conjunction with lack of mental capac­ case from the 1960s, In re Estate ofK auf estate to Weiss. ity, undue influence is the most frequent mann. In that case, the testator, Robert ground for invalidating a will. Further­ Kaufmann, left the majority of his estate A LETTER OF INTENTION more, for every reported case there are to his long-time live-in companion, effec­ many more cases that settle before trial or tively disinheriting his brothers and n hether a will is the result of undue even before filing suit. And yet, despite its nephews. Kaufmann wrote a letter to his aD influence is an inquiry into the state prominence, little scholarly work has been family explaining his reason for the of mind of the testator. As such, the diffi­ done examining the parameters and justi­ bequest. Despite ample evidence that the culty with defending against charges of fication of the undue influence doctrine. testator intended to make the bequest that undue influence lies in the fac t that the All wills are the result of infl uence. T he he did, three courts set aside his will based best evidence, the testimony of the testator, law recognizes this by drawing a distinc­ on undue influence. is not available at the time the will is being tion berween influence and undue influ­ Unique aspects of this case make it use­ probated. However, the Kaufmann case is ence. According to the dominant para­ ful for testing the dominant paradigm. unusual in that Kaufmann's statement digm, the key distinction is that undue This is one of the few cases in which the abour his view of his relationship with influence involves the substitution of the testator's view of the relationship and his Weiss was presented in part through a let­ mind of the person exe rcising the influ­ reasons for the bequest are presented in his ter that he wrote to his family at the time ence for the mind of the person executing own words. Moreover, it is illuminating to that he executed his 1951 will . This letter the instrument, resulting in an instrument look at a case from the past because it is was kept with all of the wills that Kauf­ that would otherwise not have been made. easier to see how such a case reflects the mann executed until his death. He wrote Understood in this way, the undue influ­ societal values of its times. This is particu­ that the purpose of this letter was to pro­ ence doctrine is akin to the doctrines of larly true when it involves an issue about vide an explanation for the disposition of a fraud and duress in its attempt to protect which views have changed, namely, what substantial portion of his estate to a man testators' rights to freely dispose of their makes a family. who was "not a member of my family." property. So if an aged testator leaves Robert Kaufmann was a millionaire by The letter describes how when Kauf­ everything to his nurse of one month, dis­ birth and an artist by temperament. He mann first met Weiss, Kaufmann's out­ inheriting his family, the court will find . had rwo brothers, Joel and Aron. After the look was then "approaching the nadir"; he undue influence on the basis that the will death of their parents, the fa mily business­ was a "frustrated time-wasting little boy"; does not represent the testator's true wish­ es were run primarily by Joel, with whom he was "terribly unhappy, highly emotion­ es. Because the dominant paradigm pre- Robert lived until the age of 34. al, and filled to the brim with a grandly

SPR1NG 1997 / BOSTO N COLLEGE LAW SC HOOL MAGAZ INE 3 I replete with statements that make it clear dant that is "unnatural." For purposes of the court viewed Weiss as an opportunist this rule, a "natural" disposi tion is one who took advantage of a naive and inno­ which is made in favor of family members. cent Kaufmann. One subtle way that the A confidential relationship is generally court expressed its view was in its nomen­ defined as a relationship of trust and clature. Throughout its opinion, the court reliance whereby the testator reasonably makes Kaufmann appear child-like and believed that the confidant was acting in innocent by referring to him as "Robert." the testator's best interest. The rationale This contrasts sharply with the court's ref­ for the presumption of undue influence erence to Walter Weiss as "Weiss." More seems to be that where the testator is directly, the court characterizes the rela­ dependent or relies on a person, then that tionship as one in which Weiss tricked person can use his position to overwhelm Kaufmann into believing that he was the testator's free will. independent, all the while encouraging his Certain relationships are categorized as dependence on Weiss. "confidential" as a matter of law. A classic The court dismissed Kaufmann's letter example of such de jure confidential rela­ to his family, saying that "the emotional tionships is that of a lawyer and client. base reflected in the letter... is gratitude However, confidential relationships may variegated group of fears, guilt, and assort­ utterly unreal, highly exaggerated, and also exist between people who do not fall ed complexes." It expresses Kaufmann's pitched to a state of fervor and ecstasy." within any specifically defined category. A appreciation for meeting Weiss, who confidential relationship comes about encouraged him to submit to psycho­ THE PARADOX OF KA UFMANN whenever trust and confidence are placed analysis. The letter goes on to state: by one person in the integriry and fideliry he decision in the Kaufmann case to of another. Some examples of these rypes Walter gave me the courage to I set aside the will based on undue of confidential relationships are friends, start something which slowly but even­ influence seems to be in contradiction neighbors, and lovers on whom the testa­ tually permitted me to supply for with freedom of testation - the very tor has become dependent. myselfeverything my lift had heretofore principle that the undue influence doc­ An obvious example of relationships in lacked: an outlet for my long-latent but trine purports to uphold. Yet, three courts which people repose special confidences in strong creative ability in painting... ; a determined that this will was the result of one another are family relationships. How­ balanced, healthy sex lift, which before undue influence. ever, the undue influence doctrine only had been spotty, furtive, and destruc­ It would be easy to dismiss Kaufinann categorizes family relationships as "confi­ tive; an ability to reorient myself to as just another example of judicial homo­ dential" in very limited circumstances. actual lift and to face it calmly and phobia from an era in which courts and By holding a power of attorney and realistically. All ofthis adds up to Peace sociery at large were openly prejudiced managing all of Kaufmann's personal ofMind - and what a delight, what against homosexual relationships. Howev­ affairs, Weiss easily fit the mold as the a relief after so many wasted, dark, er, to categorize this case as an aberration, dominant parry in a confidential relation­ groping, fombling, immature years to a misapplication of the undue influence ship. The establishment of a confidential be reborn and become adult! doctrine, is to miss the more significant relationship goes a long way toward prov­ 1 am eternally grateful to my lesson that it offers. What is notable about ing undue influence since many courts dearest fiend - best pal, Walter A. the Kaufmann decision is that it rests on have taken the position that the existence Weiss. What could be more wonderful firm ground under the standard doctrinal of a confidential relationship combined than a fuitful, contented lift and who undue influence analysis. Changing mores with a benefit to the dominant parry in more deserving ofgratitude now, in the have given us the opportuniry to see this the relationship is enough to raise the pre­ form ofan inheritance, than the person doctrine for what it is: an imposition of sumption of undue influence. However, who helped most in securing that lift? societal norms as to appropriate testamen­ the other factors were also easily estab­ 1 cannot believe my family could be tary behavior. lished in the Kaufmann case. anything else but glad and happy for The standards for proving undue influ­ There was abundant evidence that my own comfortable self-determina­ ence generally involve four factors: 1) Weiss played a role in the preparation and tion and contentment and equally whether a confidential relationship existed execution of the will. Kaufmann was also grateful to the fiend who made it pos­ between the testator and the person easily portrayed as a person who was sus­ sible. allegedly exercising the influence; 2) ceptible to undue influence as the court Love to you all, whether the confidant played some role, described him as "weak-willed, trusting Bob however indirect, in the formulation, and inexperienced." The court's theory of preparation or execution of the will; 3) the case was that Kaufmann was the rype The court was considerably less whether the testator was susceptible to of person to be dependent and that he impressed with Weiss than Kaufmann undue influence; and 4) whether the testa­ merely switched the object of his depen­ appeared to be. The court's opinion is tor made a testamentary gift to the confi- dence from his brother Joel to Weiss.

32 BOSTO N COLLEGE LAW SCHOOL .MAGAZI NE / SPRING 1997 Finally, applying the doctrinal theory of the testator's spouse or blood relatives - "naturalness," the court easily determined that generally serves as overwhelming evi­ that Kaufmann's will was "unnatural." dence that there was no undue influence. Comparing Weiss to Joel and his family The dichotomy is also reflected in under the standards of formal status, Joel courts' systematic exclusion of families and his family were the clear winners. from the confidential relationship catego­ What about the fact that four prior wills ry. This failure to find a confidential rela­ provided for Weiss and that each succeed­ tionship in the context of the family is not ing will gave him a larger share? That was because family relationships lack the char­ used as evidence of Weiss' influence and acteristics of dependence and reliance - Kaufmann's susceptibility to undue influ­ indeed, it is these very characteristics that ence and was considered irrelevant for pur­ are the hallmarks of the family relation­ poses of determining what would consti­ ship. Rather, this exclusion can be under­ ture a natural disposition for Kaufmann. stood as a result of an unconscious recog­ The analysis of the Kaufmann case nition of the problematic nature of the illustrates a paradox in the undue influ­ confidential relationship/natural bequest ence doctrine. The doctrine purports (and dichotomy. in many cases acts) to protect an individ­ What are the characteristics presumed ual's freedom of testation by not admitting to be associated with each of these cate- these presumptions operate in the context of the undue influence analysis. It was the court's theory of the case that Kaufmann merely switched the object of his depen­ dency from his brother Joel to Weiss. However, where the dependence on Joel The notion that it is "naturat' to leave was described as being "natural warm fam­ ily attachment," the dependence on Weiss the bulk ofone's property to blood relatives) was described as "unnatural" and "insidi­ whereas non-family members should be ous." The court was so locked into the confidential relationship/natural bequest compensated on a contract model relative to dichotomy that it was unable to accept that to Kaufmann, Weiss was family. the value oftheir services) is well illustrated. The notion that it is "natural" to leave the bulk of one's property to blood rela­ L tives, whereas non-family members should be compensated on a contract model rela­ tive to the val ue of their services, is also wills that represent the wishes of someone gories such that they are treated as being in well illustrated in Kaufmann. Kaufmann's other than the testator. Yet, as illustrated a dichotomous relationship? The pre­ 1950 will leaving the bulk of his property in Kaufmann, the doctrine can also deny sumptive characteristics can be understood to Joel's family was described by the court freedom of testation for some individuals in terms of two related but separate cate­ as a "natural testamentary disposition." irrespective of the existence of substantial gories: the dependability of the relation­ This contrasts sharply with the court's evidence that their will represented their ships and the appropriate ways of recog­ approach to the bequest to Weiss under true wishes. This is paradoxical because nizing them. In particular, the unstated Kaufmann's final will. D escribing that both results occur from the correct appli­ assumptions of the undue influence doc­ bequest, the court noted that the services cation of the established doctrinal stan­ trine as expressed in the dichotomy are: 1) provided by Weiss did not warrant such a dards. people can depend on spouses and blood large bequest. Under the court's view, I believe that this paradox can be relatives to look out for their best interest; since Weiss was not a family member, explained by the confidential relation­ 2) non-family members can generally not Kaufmann, left to his own devices (i.e. ship/natural bequest dichotomy, which be depended on because they will act self­ withour the undue influence), would have provides the underlying structure to the ishly; 3) people want to leave the bulk of compensated Weiss under the contract undue influence factors. That is, if there is their property to spouses and blood rela­ model. a confidential relationship and the confi­ tives (regardless of the level of services pro­ dant receives a benefit under the will, that vided by the members of the family); and CHALLENGING THE DIC HOTOMY raises the presumption that the will is the 4) people want to benefit non-family result of undue influence. On the other members based on a contract model (with he confidential relationship/natural hand, if the will represents a "natural" bequests relative to the value of the services i bequest dichotomy can be under­ bequest - traditionally meaning one in provided by the non-family member). stood in terms of the larger context of the which all or most of the estate is given to The Kaufmann case illustrates how market/family dichotomy discussed by

SPRING 1997 / BOSTON COLLEG E LAW SCHOO L J\1AGAZ INE 33 Thus, embedded in the undue influ­ the testator was not acting freely. ence analysis are two assumptions about If the bequest fails to meet the pre­ the world: 1) family relationships are co­ scribed norms, the will is set aside and the extensive with caring relationships and 2) property passes under the law of intestacy. confidential relationships are market rela­ The rules of intestacy provide for the tionships governed by an ethic of selfish property to pass to the surviving spouse individualism. and blood relatives. Thus, the impact of Many family relationships are caring the undue influence doctrine is to act as a relationships. One must question, howev­ form of forced heirship. A person can er, whether the correlation between caring either provide for a "natural" disposition relationships and traditional family rela­ of their property themselves (i.e., to their tionships is so significant that it should families) or the court will do it for them serve as a presumption, particularly when via the intestacy statutes. there is evidence in the form of a will that the testator believed otherwise. A TALE OF TWO STATES There is an abundance of evidence that families are not always governed by an eth­ he construct of the undue influence ic of altruism. Statistics on spousal abuse, i doctrine as a family protection doc­ Frances Olsen in her article The Family elder abuse, and child abuse belie the trine can be tested by checking for correla­ and the Market: A Study of Ideology and notion that the family relationship is tion between the level of protections Legal Reform. She describes the always a relationship of trust and caring. against disinheritance for family members market/family dichotomy as a "structure Moreover, shorr of abusive situations, and the standards for undue influence. If of consciousness ... " a shared vision of the many individuals are estranged from their the purpose of the undue influence doc­ social universe that underlies a society's families. trine is, as it is presented under the domi­ culture and also shapes the society's view Just as many family relationships are nant paradigm, to protect testator autono­ of what social relationships are "natural" not always caring relationships, the con­ my, then application of the doctrine and, therefore, what social reforms are verse is also true - caring relationships should not be affected by the level of pro­ possible. In Olsen's view, the marketplace are not always found in traditional family tection provided for the family against dis­ and the family have been seen to exist in relationships. Many loving and caring inheritance since that would be irrelevant radical opposition to each other. "The relationships occur outside of the tradi­ to whether the testator's free will was over­ marketplace was considered competitive, tional family structure. Relationships ridden. On the other hand, if the undue the family cooperative ... .The marketplace between same sex couples are particularly influence doctrine is primarily concerned was animated by an individualist ethic; to likely to fall into this category since the with protecting the family against disin­ act selflessly was considered foolish as well prohibition against marriage for same sex heritance, then it would be reasonable to as unnecessary," she writes. "In contrast couples denies them the option of becom­ expect that application of the doctrine the family was based on the ethic of altru­ ing family in the traditional sense. Caring would be affected by the level of other ism." relationships outside the traditional family protections for the family against disinher­ The market/family dichotomy pro­ structure are not limited to same sex cou­ itance. Georgia and Louisiana provide two vides context for the undue influence ples, however. People frequently form good examples against which to test this assumptions. The dichotomy between family-type relationships with neighbors, hypothesis. confidential relationships and natural friends, religious groups, and others out­ Georgia is the only separate property bequests makes sense in a structure of con­ side the traditional family structure. state that fails to provide any protection sciousness in which the family is perceived The assumptions underlying the for a surviving spouse. In 1969 the Geor­ to be governed by an ethic of altruism, and undue influence doctrine as reflected in gia legislature abolished dower and reject­ relationships outside the family are seen to the dichotomy between confidential rela­ ed the notion of a forced share for a sur­ be governed by an individualist ethic. tionships and natural bequests purport to viving spouse by providing that "[aJ testa­ The market/family structure of con­ assist in determining the true intent of the tor may bequeath his entire estate to sciousness provides justification for the testator by providing general norms for strangers, to the exclusion of his spouse undue influence doctrine assumptions on the way the world operates. To the extent and children." However, a disinherited the ground that people "naturally" leave that the testator has deviated from such spouse was not left without resources. The most of their estates to spouses and blood norms, such deviance provides evidence same provision allowing disinheritance of relatives because those are caring relation­ that the testator was not acting of his or a spouse went on to provide that "[iJn ships, and people do not leave bequests to her own free will. such a case the will should be closely scru­ those with whom they are in a confiden­ However, although these assumptions tinized; and, upon the slightest evidence of tial relationship because they are market are nominally descriptive, the effect of the aberration of intellect, collusion, fraud, relationships that people "naturally" rec­ undue influence doctrine is to make them undue influence, or unfair dealing, pro­ ognize based on the value of services pro­ prescriptive insofar as deviance from the bate should be refused." The effect of this vided. norms serves as compelling evidence that provision was to give freedom of testation

34 BOSTON COLLEGE LAW SCHOOL !v1AGAZINE / SPRING 1997 with one hand while taking it back with grounds on which a will could be set aside. the other. If a testator in Georgia chooses Specifically, the Civil Code provided that to disinherit his spouse and children, his a will could not be set aside based on will is much more likely to be overturned undue influence. based on the undue influence doctrine. When the legislature adopted the pro­ The irony of this is that as the testator's vision limiting forced heirship in 1989, it will is being thrown out, it will be done so repealed the statute prohibiting challenges under the pretext of preserving freedom of based on undue influence. Finally, the testation. subsequent amendment to the constitu­ Louisiana is on the opposite end of the tion and re-enactment of the limitation of spectrum from Georgia in terms of pro­ forced heirship was coupled with the tecting the family from disinheritance. repeal of the provision prohibiting chal­ Louisiana is the only state to protect chil­ lenges based on undue influence. dren from disinheritance through "forced The irony of the Louisiana system is heirship." This is a statutory system that although it was widely perceived as whereby the children of a testator are enti­ limiting freedom of testation in that it tled to claim between 25 percent and 50 imposed a forced share for the testator's percent of a testator's property at death. family, in actuality it afforded greater free­ Forced heirship existed in Louisiana dom of testation than other states in that That depends on which version of undue influence is at issue: the mythical doctrine that protects freedom of testation or the actual doctrine that protects family mem­ bers from disinheritance. If the mythical version that protects freedom of testation Rather than protecting freedom oftestation, beyond the doctrines of fraud and duress is to become realiry, then the confidential the undue influence doctrine denies freedom relationship/natural bequest dichotomy must be abandoned. On the other hand, if oftestation to those testators who deviate from the doctrine is to be maintained in its cur­ rent form, then courts and commentators prescribed testamentary norms in failing to must seriously explore its justifications before rushing to surround it with a provide for their families. new myth. _ L Assistant professor Ray D. Madoff received her A.B. from Brown University since its adoption of the Civil Code in the a testator was truly free to dispose of that and her jD., LL.M. from New York Uni­ early 19th century. In 1989 the state legis­ portion of his estate (between 50 percent versity. She teaches lature adopted changes to the forced heir­ and 75 percent) that was not governed by courses in tax law ship provisions that essentially eliminated the forced share. This is in contrast to the and trusts and estates. protections for adult children against dis­ 49 other states that ostensibly have com­ A former associate in inheritance. However, no sooner had plete freedom of testation (subject only to the Boston law firms forced heirship been repealed, than the a surviving spouse's share) but where the of Foley, Hoag 6- Louisiana Supreme Court declared the entire will is subject to being thrown out if Eliot and Hill & Bar­ repeal to be unconstitutional under their the undue influence doctrine is found to low, she has also writ­ state constitution. Louisiana subsequently apply. ten extensively about amended its constitution to allow for the The undue influence doctrine has con­ tax law. limitation of forced heirship, and the sistently been presented under the domi­ statutory provision was re-enacted 111 nant paradigm as a doctrine that protects Ann F McDonald received a BFA from 1996. freedom of testation. In this article I have Tufts University/School of the Museum of The undue influence doctrine in demonstrated that rather than protecting Fine Arts. She is administrative and com­ Louisiana underwent changes in lockstep freedom of testation, the doctrine denies puting support specialist at the Law School with the changes to the forced heirship freedom of testation to those testators who library. provisions. At the time of the adoption of deviate from prescribed testamentary the Civil Code of 1808 that provided for norms in failing to provide for their fami­ This article has been excerpted ftom the forced heirship, the Louisiana legislature lies. Minnesota Law Review, where it appeared in also adopted a provision limiting the What is the future of undue influence? February 1997

SPRING 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 35 The Pros of Pro Bono continued from page 23 Lawyers Helping Artists: The Gift of Volunteering could have intervened at any point, chair­ woman Wilmar Armer chose to defend T he photographer had transformed ant issues, and censorship. the commission's failture to act in the the experiences of a painful childhood Thomas Saunders '78, a member of wake of the Supreme Court ruling. "We into a documentary about others who the Boston firm of Lorusso & Loud, had a Supreme Court decision," she says. had endured similar ordeals. The work became a VLA volunteer as an exten­ But that's not exactly relevant: the sJes about incest survivors was exhibited sion of his work as a trademark and decision applies to the APA, not to the at the Boston Public Library and was copyright lawyer. (He was formerly deed restriction the commission holds on selected by the New England Founda­ based in New York, where one of his the church's property. Armer does allow tion for the Arts Exhibition Touring clients was the creator of "Saturday that she wishes the mural had remained. Program. Now she was worried. Might Night Live's" Mr. Bill. He also once It's easy to get swept up in anger at the the relatives of the survivors she pho­ sued He-Man on behalf of Conan the notion of a critically acclaimed artwork's tographed sue her for defamation? Barbarian.) A lawyer from Volunteer Lawyers Saunders says a lot of the work he being destroyed simply because a religious for the Arts (VLA) helped steer her does with artists is hand-holding. "As organization doesn't like it. It's a situation through this potentially hazardous creators, they're basically worried that conjures up images of book-burning territory. When she was offered a about giving up their children. If you and of intolerant preachers inveighing book contract and the chance to don't think of it that way, you're not against anyone who disagrees with their develop a videotape, the lawyer really an artist." views. But are the stereotypes fair? helped her protect her rights. And "Artists have very unique prob­ The Reverend Dr. Robert Burrelli, who because the photographer's family lems," says VLA co-director Carolyn succeeded Maurice Eastwick as pastor of income was less than $15,000, she Rosenthal, who works out of a the Grace Bible Church, thinks not, and received this legal assistance for free. cramped, partitioned-off space in complains that his church was unfairly Such work is typical ofVLA, formed Boston City Hall. "These people don't in 1989 by the Boston Bar Associa­ portrayed in the media as anti-art when all even know where to turn because tion, the Artists Foundation, and the their issues are so obscure." The VLA it wanted to do was gain control of its own city of Boston's Office of Cultural works to contact those artists by property. Because no one was willing to Affairs. More than 160 lawyers across offering educational outreach pro­ pay for Moakley's mural to be moved, he Massachusetts handle some 120 refer­ grams. says, the church was left with no choice rals a year and provide training to For more information on volunteer­ but to take it down. artists and other lawyers in such areas ing, call Rosenthal at (617) 523-1764, or "It was never an issue whether it was as copyright protection, landlord-ten- inquire bye-mail [email protected]. good art or bad art," Burrelli says. "The issue was that we as a church have a spe­ cific message. There are things by Michelangelo that I love that would not suit our purposes on the property." The 38th-floor conference room at 60 cult thing to endure. It's a privilege to rep­ Even if it may be unfair to cast the State Street, where Field & Roos keeps its resent somebody like that. It's a privilege Grace Bible Church as the villain, the offices, offers a spectacular view of the to be able to help a person like that. I'm church's invocation of religious freedom Custom House and Boston Harbor proud of what we did and of what John may have been, as Field suggests, at least beyond. George Field, leaning back in a did, because I'm sure there were times somewhat disingenuous. Field says he and leather chair, is attempting to explain how when he wanted to quit. And even though Moakley proposed various compromises, he got interested in helping artists with we lost, it's contributed to a broader including a plaque that would have made their legal problems. Born in South understanding of our artists' moral rights clear the church's non-endorsement of the Boston, he graduated from Boston Latin and what can be done to enforce them." work, all to no avail. School and from Harvard, and was a high­ In fact, Field says he recently let Volun­ James Silverberg, an intellectual prop­ school drama coach for a while before he teer Lawyers for the Arts know that he was erty lawyer with the Washington, D.C., decided to go to law school. He, his wife, ready for another case. His only condition: firm of Kaufman & Silverberg, thinks the the former Katherine Dwyer McDowell that it not take seven years. SJC was "technically right" in finding that '84, and young son now live in Wellesley. "Of course," he adds, chuckling, "that's the APA couldn't be applied to a work cre­ "I was sort of a frustrated actor, I sup­ not under anyone's control." _ ated before the law was written. But he pose," he says, fiddling with a pair of read­ staunchly supports the use of legal reme­ ing glasses. "I see this as sort of a tithe that dies to prevent artwork from being we make to the community. When John Dan Kennedy is on the staff of the destroyed. "If we are going to preserve the Moakley's work was first attacked, he was Boston Phoenix and writes for Northeast­ roots of our culture, it's going to be impor­ genuinely shocked and felt personally vio­ ern University Magazine and World, tant that we have a method for preserving lated. To see an expression of your person­ the journal of the Unitarian Universalist the integrity of artists' work," he says. ality sledgehammered is obviously a difb.- Association.

36 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRlNG 1997 AsSOCIATE PROFESSOR the Norm?" at the Boston Health Council MICHAEL A.J. ANSALDI in Massachusetts. Recent Publications: "Gossip and Meta­ Appellate Work: Filed amicus curiae brief physics: The Personal Turn in Jurispru­ before the U.S. Supreme Court on behalf dential Writing." Michigan Law Review 94 of Law Professors in Support of Respon­ (May 1996): 1517-1545; "The Spanish dents in 0till v. Vacco and Washington v. Products Liability Act of 1994." ILSA Glucksberg. Journal of International 6- Comparative Other: Appeared on Newton Cable Televi­ Law 2 (Winter 1996): 371-431. sion with Professor Scott FitzGibbon regarding the issue of physician-assisted PROFESSOR HUGH J. AULT suicide, Baron arguing in favor, FitzGib­ Recent Publications: Principle Author. bon against. Also, participated in panels Comparative Income Taxation: A Structural on physician-assisted suicide at the 1997 Analysis. The H ague: Kluwer Law Interna­ National Conference on End-of-Life tional, 1997; "The Impact of Tax Rules on Issues in Chicago, Illinois, and the Boston Corporate Governance." Till Gunnar University School of Medicine reunion Nord (1996): 47-56. weekend in Boston, Massachusetts, both Other: Elected president of the Federal in May; at Boston's Faulkner Hospital's Tax Institute of New England, the third Ethics Grand Rounds and Harvard Med­ person to hold the post in the institute's ical School's Division of Medical Ethics, 48-year history. Also, currently a consul­ both in June; and at the Consortium for tant to the Organization for Economic Learning and Research in Aging in San Cooperation and Development in Paris. Francisco and Los Angeles, California, also in June. PROFESSOR CHARLES H. BARON Recent Publications: Droit Constitutionnel LEGAL REFERENCE LIBRARIAN et Bioethique: IExperience Americaine. Paris: KAREN S. BECK Economica, 1997; "The American Patients' Recent Publications: "Book Reviews." Rights Movement and Bloodless Surgery." Law Library Journal 88 (Spring 1996): In Bloodless Surgery: Surgical and Anaesthet­ 178, 194-95, 211-14; "Oregon Practice ic Aspects, Legal and Ethical Issues, Interna­ Materials: A Selective Annotated Bibliog­ tional Symposium, 1996. 167-172. Paris: raphy." Law Library Journal 88 (Spring Arnette Blackwell, 1997. English and 1996): 288-321; "Foraging for Personnel French editions; "Aspects Relatifs au Mou­ - How to Attract and Keep Good Peo­ vement des Droits des Malades aux Etats­ ple." WestPac News 20 (January 1996): 3; Unis." In Consentement Eclaire et Transfu­ Review of "The Court TV Cradle-to­ sion Sanguine, edited by Sophie Gromb and Grave Legal Survival Guide" by the editors Alain Garay, 130-145. Paris: Editions Ecole of "Court TV" and American Lawyer. Nationale de La Sante Publique, 1996. Legal Reference Services Quarterly 1 5 Also, ''1.: Interpretatzione Constitutzionale (1996): 147-15 1. negli Stati Americani." In Analsi e Diritto: Ricerche di Giurisprudenza Analitica, edited PROFESSOR ARTHUR L. BERNEY by Paolo Comanducci, 127-138. Torino: Recent Publications: With S. Dycus, W.e. G. Giappichelli Editore, 1996; With Clyde Banks, and P. Raven-Hansen. National Bergstresser, Dan W. Brock, Garrick F. Security Law. Boston: Little, Brown and Cole, et a1.: ''A Model State Act to Autho­ Co., 1997. rize and Regulate Physician-Assisted Sui­ cide." Harvard Journal on Legislation 33 AsSISTANT PROFESSOR (Winter 1996): 1-34. MARy SARAH BILDER Presentations: "The Seven Deadly Sins of Recent Publications: "The Struggle Over the Status Quo on Physician-Assisted Sui­ Immigration: Indentured Servants, Slaves, cide" at Salem, Massachusetts' North and Articles of Commerce." Missouri Law Shore Medical Center, in February; "Rap­ Review 61 (Fall 1996): 743-824. port Nationale: Etats-Unis" at the Col- . Presentations: "Salamanders and Sons of loque International Constitution et God: The Culture of Appeal in Early Ethique Biomedicale in Paris, France, in Rhode Island and MassachusettS" at The February; "Will Assisted Suicide Become Many Legalities of Early America, a confer-

SPRING 1997 / BOSTON COLLEGE LAW SC HOOL MAGAZINE 37 ence sponsored by the Institute for Early and Michael Avery. 1996 Supplement to American History and Culture and the Handbook of Massachusetts Evidence, 6th Emeritus Status Institute of Bill of Rights Law in Williams­ ed. Boston: Little, Brown and Co., 1996. burg, Virginia, in November 1996. PROFESSOR GEORGE D. BROWN PROFESSOR ROBERT M. BLOOM Recent Publications: 'The Constitution as The last thing professor Arthur Recent Publications: Chapter aurhor for an Obstacle to Government Ethics - Berney, 66, intends to do is go quietly "Commencement of Action." Chapter 3 Reformist Legislation after National Trea­ into the night of retirement. (Co-authored with Daniel R. Coquillette) sury Employees Union." William and Mary So determined is he to remain 3-1 - 3-34, "Time." Chapter 6, 6-1- 6- Law Review 37 (Spring 1996): 979-1043. active in the Boston College Law 143, and "Applicability in General." Chap­ School community that he has done WOrk in Progress: "Should Federalism ter 81, 81-1 - 81-40, in Moore's Federal what all good lawyers do - set a Shield Corruption?" (forthcoming in Practice, 3rd ed., edited by Daniel R. precedent - by becoming the first Cornell Law Review). Coquillette, et al., New York: Matthew emeritus professor to teach on a regu­ Bender, 1997; With Mark S. Brodin. Other: In May, after a year as associate aca­ lar and sizeable part-time basis. Criminal Procedure: Examples and Explana­ demic dean at the Law School, rerurned "One of the noteworthy things tions. Boston: Little, Brown and Co., 1996. to full-time teaching and his scholarly about Arthur as an emeritus is how work on federalism and laws regarding WOrk in Progress: "Suppression ofIlIegal­ energetic and involved he remains;' says corruption. Iy Obtained Evidence: Pretext Searches." Dean Aviam Soifer. "Certainly, while he Chapter 83, Criminal Defonse Techniques, can be considered an elder because of PROFESSOR DANIEL R. COQUILLETTE New York: Matthew Bender (forthcoming his wisdom, it is certainly not for a lack in 1997). Recent Publications: Co-editor and chap­ of energy and commitment:' ter author for "Scope and Purposes of Berney's career, distinguished by his Appointments: Elected to the Alumni Rules." Chapter 1, 1-1 - 1-58, "One unwavering dedication to the righting Council, the first faculty member to be Form of Action." Chapter 2, 2-2 - 2-44, of injustices and to the causes of the so since former Law School Professor and "Commencement of Action." Chap­ underprivileged, is rooted in a New Jer­ James Smith. ter 3 (Co-authored with Robert M. sey childhood where he experienced Other: Quoted extensively regarding the Bloom), 3-1- 3-34, in Moore's Federal discrimination first-hand. "I've always 0.]. Simpson case; in the Providence Sun­ Practice, 3rd ed., New York: Matthew had a deep sense of the nature of injus­ day Journal, Bloom echoed the legal com­ Bender, 1997. Also, "Incipit Lex Mercato­ tice," Berney says. "I grew up in a neigh­ munity's surprise over the dismissal of ria, Que, Quando, Ubi, Inter Quos et de borhood where I was the only Jewish bribery and extortion charges against for­ Quibus Sir: el Tratado de Lex Mercatoria kid and where I felt in direct form the mer Rhode Island Governor Edward D. en el Little Red Book de Bristol." In Del nature of prejudice:' DiPrete on the grounds that the prosecu­ Ius Mercatorum al Derecho Mercantil, edit­ After receiving his bachelor's and tion withheld information; regarding the ed by Carlos Petit, 144-228. Madrid: law degrees from the University of Vir­ Malden, Massachusetts, Fells Acre child Marcial Pons, 1997; "First Flower - The ginia, Berney carried out the usual flir­ abuse case, Bloom appeared on various Earliest American Law Reports and the tation with corporate law, only to dis­ Boston radio and television broadcasts. Extraordinary Josiah Quincy Jr. (1744- cover during interviews on Wall Street 1755)." Suffolk University Law Review 30 that his religion was still an issue. "I felt AsSOCIATE PROFESSOR OF LEGAL (Spring 1996): 1-26. very out of place in that context;' he REAsONING, RESEARCH, AND WRITING remembers. E.]OAN BLUM WOrk in Progress: Volume 1 of a two-volume work on the 19th-century history of Harvard Then, during a stint as a teacher and Recent Publications: Co-editor. With Jane Law School, in preparation for which he pre­ research fellow at Rutgers, Berney Kent Gionfriddo, The Second Draft, the sented numerous talks this spring. found not only his place (academia) but semiannual bulletin of the Legal Writing also his calling (teaching). The son of a Presentations: Research paper on writing Institute. Each issue focuses on a specific high school physics teacher, Berney instirutional histories, to the Law School topic, with contributors from around took to mentoring right away, particu­ faculty in May; spoke on recent develop­ the country. larly since he found in students some of ments in professional responsibility and the same anti-authoritarian, rebellious PROFESSOR MARK S. BRODIN rules of attorney conduct at the American spirit that was guiding his own life and Bar Association's Annual Conference on Recent Publications: Contributor. Jury work. "My greatest satisfaction as a Professional Responsibility and at the Trial Innovations, edited by Thomas Mun­ professor is to connect with the people Norfolk County Bar Association's annual sterman, Paula Hannaford, and Marc who have also been rebels in the law, dinner, both in May. Whitehead. Williamsburg, Va.: National students who feel like challenging the Center for State Courts, 1997; With Other: Hosting the Judicial Conference of system. And I try to assist them in Robert M. Bloom. Criminal Procedure: the United States at the Law School, with doing so;' he says. Examples and Explanations. Boston: Little, University of Michigan Law School's When he published his first book, Brown and Co., 1996; With Paul J. Liacos Associate Dean Edward Cooper, in Sep- Legal Problems of the Poor, in 1976, he

38 BOSTON COLLEGE LAW SCHOOl-MAGAZINE / SPRING 1997 Can't Slow Down a Rebel with a Cause

credited his two student assistants as co-authors. "His book on poverty law was a real trailblazing effort," says Law School professor George Brown. "No one had thought of poverty law as a field [until then]." Given Berney's championship of such causes, it is not surprising that he is highly regarded by his colleagues for his work in constitutional, communica­ tions, and national security law. "He has been one of the bulwarks of our con­ stitutional law offerings;' says Brown, "and he has probably taught more con­ stitutional law students than anyone else in the history of the Law School. He has always done it with fairness for all points of view, even though he's known for his vigorous advocacy of individual rights, particularly in the area of the First Amendment." But no rebel lives a life without con­ troversy, and Berney is no exception. His participation in students' Vietnam anti-war protests threatened to com­ promise his teaching career at one point. A few years later, he found him­ self on the other side of the fence. When he and two fellow faculty mem­ bers prevented Dow Chemical (which had been implicated in the use of chemical warfare in Vietnam) from job recruiting at the Law School, the major­ ity of students raised up in protest against him. Nowadays, Berney uses some of his spare time to enjoy the quieter things in life: winter in the tropics, painting, playing his cello. The social activist in him, however, refuses to sit still. He continues to research and write for the Third World Law Journal, the school's youngest law review, and he's active in the Owen Kupferschmid Holocaust! Human Rights Research Project, which is currently involved in a lawsuit that charges Unicoi with using slave labor to build a pipeline in Myanmar, formerly Burma. This is one rebel, it seems, who will never be without a cause. _ - Vicki Sanders Semi-retirement leaves time for some of the finer things in life. For Arthur Berne y, that means playing his cello.

SPRING 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 39 tember; prepared two reports for the Judi­ [Reprinted in Boston College Law School Decline of the West." In Immigrants Out! The cial Conference of the United States' June Magazine 5 (Fall 1996): 27 -31.J New Nativism and the Anti-Immigrant meeting, where proposals for adopting Work in Progress: 'The Case of the Miss­ Impulse in the United States, edited by Juan F. uniform systems of Federal Rules Govern­ ing Statute: The Curious Absence of Fed­ Perea, 300-317. New York: New York Uni­ ing Attorney Conduct were debated. Also eral Fraud Protection in the Labor Mar­ versity Press, 1997; Immigration Consequences serving on: committee on the Rare Books ket" (forthcoming in Yale Law Journal, ofCriminal Convictions. Boston: Committee Room of the new library at the Law December 1997); "From Rights to Regu­ for Public Counsel Services, 1996. School; visiting subcommittee of the Har­ lation in Corporate Law" (forthcoming in Work in Progress: Co-editor. 1993-1996 vard Overseers to the Harvard Law Perspectives on Company Law 2, edited by Supplement to Massachusetts Criminal School; special committee drafting Massa­ Fiona MacMillan Patfield. Boston: Kluw­ Defense. Salem, N.H.: Michie Co., 1997 chusetrs Rules for Professional Conduct; er Law International). (forthcoming). and subcommittee of the new Boston Bar Presentations: "Immigration Conse­ Task Force on Professional Fulfillment. AsSOCIATE PROFESSOR quences of Criminal Convictions" at Ver­ DEAN M. HAsHIMOTO PROFESSOR PETER A. DONOVAN mont Law School, in April. Recent Publications: "The Future Role of Presentations: "Punitive Damages: As Managed Care and Capitation in Work­ PROFESSOR SANFORD N . .KATZ Confused as Ever," at the annual meeting ers' Compensation." American Journal of of the Association of Trial Lawyers of Recent Publications: "Remembering Mel­ Law & Medicine 22 (1996): 233-261; America in Boston, Massachusetts, in July. ba McGrath." Boston College Law School "Defining the Role of Managed Care in Magazine 5 (Fall 1996): 34. Workers' Compensation." Occupational AsSISTANT PROFESSOR LESLIE G. EsPINOZA Other: Visiting Fellow at All Souls Col­ Medicine: State ofthe Art Reviews 11 Qan­ lege, Oxford, England, spring semester. Recent Publications: "Comments: Collo­ uary/February 1996): 101-112; With quium on Latino and Critical Race Theo­ Howard Hu and Michael Besser. "Levels PROFESSOR THOMAS C. KOHLER ry." La Ram Law Journal 9 (1996): 33-37. of Lead in Blood and Bone of Women Recent Publications: "Labour Law and Giving Birth in a Boston Hospital." PROFESSOR SCOTT T. FITZGIBBON Labour Relations: Comparative and His­ Archives of Environmental Health 51 Qan­ torical Perspectives." International Journal Recent Publications: With Kwan Kew Lai. uary/February 1996): 52-58. "The Model Physician-Assisted Suicide of Comparative Labor Law and Industrial Other: Promoted to the rank of associate Act and Jurisprudence of Death." Har­ Relations 12 (1996): 213-234; Remarks (as professor and awarded tenure, in Febru­ vard Journal of Law & Public Policy 19 panelist) in Krise des Flachentarifvertrages? ary; led session, "Ought Judges to Judge (Fall 1996): 127-173. Dokumentation eines Gesprachs der Otto People Differently?", with Dean Aviam Brenner Stiftung (Frankfurt am Main, 8 AsSOCIATE PROFESSOR OF LEGAL Soifer at Massachusetts All-Courts Dezember 1995), edited by Michael Kit­ REAsONING, RESEARCH, AND WRITING Conference. tner, 142-144. Koln: Bund-Verlag, 1996. JANE KENT GIONFRIDDO AsSISTANT PROFESSOR Work in Progress: Editor. Pontificiae Acad­ Recent Publications: Co-editor. With E. emiae Scientiarum Socialium Acta, Volume FRANCIS R. HERRMANN, S.J. Joan Blum, The Second Draft, the semi­ 2. Rome (forthcoming). annual bulletin of the Legal Writing Insti­ Appointments: Named rector of the Jesuit Community at Boston College. He will Presentations: Delivered guest lectures at tlue. Each issue focuses on a specific topic, the Hamburg School of Economics and with contributors from around the country. continue to be on the Law School faculty, assumll1g his new responsibilities this Politics and at the Law Faculties of the Other: Has taught Legal Reasoning and summer. University of Passau and the University of Argument at Harvard Law School for the Regensberg, all in Germany. Testified last two spring terms. AsSOCIATE PROFESSOR before the Labor Committee of the U.S. RUTH-ARLENE W. HOWE Senate concerning the TEAM (Teamwork PROFESSOR PHYLLIS GOLDFARB Work in Progress: "Transracial Adoption for Employees and Management) Act. Recent Publications: "Describing without (TRA): Old Prejudices and Discrimina­ Addressed the question, "Has the Employ­ Circumscribing: Questioning the Con­ tion Float Under a New Halo" (forthcom­ ment Relationship in the U.S. Changed?", struction of Gender in the Discourse of ing in Boston University Public Interest Law at the annual meeting of the Otto Brenner Intimate Violence." George Washington Journa17). Foundation in Frankfurt, Germany, which Law Review 64 (March 1996): 582-631. brought together leading German Other: Promoted to the rank of full pro­ AssISThNT PROFESSOR DANIEL KANSTROOM employment law scholars, along with sev­ fessor at the Law School, in May. Recent Publications: "Surrounding the eral members of the German Constitu­ Hole in the Doughnut: Discretion and tional Court and the Federal Labor Court, AsSISTANT PROFESSOR KENT GREENFIELD Deference in U.S. Immigration Law." in December 1996. Recent Publications: "Cruelty and Origi­ Tulane Law Review 71 (February 1997): Appointments: Named to the editorial nal Intent: a Socratic Dialogue." Indiana 703-818; "Dangerous Undertones of the board of the Journal ofComparative Labor Law Journal 72 (Winter 1996): 31-40. New Nativism: Peter Brimelow and the Law and Policy.

40 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRlNG 1997 PROFESSOR CYNTHIA C. LICHTENSTEIN Paul L. Caron, Karen C. Burke, and (September 1995): 889-897. Recent Publications: "The New Financial Grayson M. P. McCouch. Cincinnati, Presentations: Co-presenter, "Interdisci­ World of Cross Border Capital Move­ Ohio: Anderson, 1997; "General Descrip­ plinary Training for Interdisciplinary Ser­ ments: The International Monetary Fund tion: United States." In Comparative Income vices: Models, Challenges, Satisfactions," Agreement in Light of the 1994 Mexican Taxation: A Structural Analysis, by Hugh sponsored by the Harvard School of Edu­ Peso Crisis." In Wdhrung und Wirtschaft: Auk 131-153. The Hague: Kluwer Law cation; "Recent Developments in Massa­ Das Geld im Recht: Festschrift for Prof Dr. International, 1997; "Entity Classification ch usetts Juvenile Justice" at Juvenile J us­ Hugo J Hahn zum 70 Geburtstag, edited and Overview of Subchapter K." In 94 Fed­ tice Roundtable sponsored by the Public by Albrecht Weber, 191-199. Baden­ eral Tax Institute of New England, 1-22. Welfare Foundation in Washington, D.C. Baden: Nomos Verlagsgesellschaft, 1997; Boston: The Institute, 1996; "The Import "European Monetary Union and the of Taxation on Selection of Form of Busi­ DEAN AVlAM SOIFER ness Organization." In Business Lawyers European System of Central Banks." In Recent Publications: "Who Took the Awe Guide to Corporate Tax, edited by Joseph B. Current Legal Issues Affecting Central Our of Law?" in Graven Images: Studies in Darby, 1-36. Boston: Massachusetts Con­ Banks, edited by Robert C. Effros, Volume Culture, Law and the Sacred 3 (1996): tinuing Legal Education, 1996. Also, 4,65-72. Washington, D.C.: Internation­ 173-182. Issue title: "Madness, Melan­ "International Guide to Partnerships - al Monetary Fund, 1997. choly, and the Limits of the Self." United States." In The International Guide AsSISTANT PROFESSOR to Partnerships, edited by Kees van Raad and Appointments: Became a member of the RAy D. MADOFF Rijkele Betten, 1-128. Amsterdam: Interna­ ABA Commission on College and Univer­ tional Bureau for Fiscal Documentation, sity Legal Studies; appointed vice chair­ Recent Publications: "Unmasking Undue 1996; "Minority Discounts: the Alchemy in man of Task Force on Judicial Education Influence." Minnesota Law Review 81 Estate and Gift Taxation." Tax Law Review established by the Supreme Judicial Court (February 1997): 571-629. (Excerpted in 50 (Spring 1995): 415-486. of Massachusetts. this issue.) Other: Chaired Federal Tax Institute of Other: Delivered the luncheon address at AsSOCIATE PROFESSOR OF LEGAL New England conference on estate plan­ the annual meeting of the Roscoe Pound REAsONING, RESEARCH, AND WRITING ning, in December 1996; spoke on the Foundation and a talk at the Yale Club of JEAN E. McEWEN misuse of tax law to align management Boston. Led workshop sponsored by the Recent Publications: With Philip R. Reil­ with stockholders, at a conference on Cor­ Massachusetts Trial Court's Changing ly. "Setting Standards for DNA Banks and porate Governance at the Cardozo Law Lives Through Literature program in DNA Databanks: Toward a Model Code School in New York, New York, in which April; led sessions at the New England of Conduct." Microbial 6- Comparative Warren Buffet participated. Regional Appellate Judges' Conference, in Genomics 1 (1996): 165-177. September, and at the Massachusetts AlI­ PROFESSOR JAMES STEVEN ROGERS Courts Conference, "Ought Judges to AsSOCIATE PROFESSOR Recent Publications: "Sobre los Origenes Judge People Differently?", with Associate JUDITH A. McMoRROW del Moderno Derecho Ingles de Professor Dean M. Hashimoto; panelist Recent Publications: "Establishing Nation­ Sociedades." In Del Ius Mercatorum al at Gender Bias Forum held in Springfield, al Rules of Lawyer Conduct in Federal Derecho Mercantil, edited by Carlos Petit, Massach usetts; panelist at The Misery Fac­ District Courts." The Proftssional Lawyer 307-332. Madrid: Marcial Pons, 1997; tor: IdentifYing and Overcoming the Dis­ (Symposium Issue, 1996): 1-35. "Policy Perspectives on Revised Uc.c. contents of Law Practice in the '90s, a ses­ Article 8." UCLA Law Review 43 Qune sion organized by B.J. Krintzman '91 and PROFESSOR ZYGMUNT J.B. PLATER 1996): 1432-1503; With William D . sponsored by the Women's Bar Associa­ tion; continuing service on the nominat­ Recent Publications: "Environmental Law Hawkland. Revised Article 8: Investment ing committee of the American Society of as a Mirror of the Future: Civic Values Securities, Uniform Commercial Code Legal History and on the steering com­ Confronting Market Force Dynamics in a Series, Volume 7 A. Deerfield: Clark, mittee of the First Circuit Task Force on Time of Counter-revolution." Boston Col­ Boardman, Callaghan, 1996. Race, Ethnic, and Gender Bias. lege Environmental Law Review 23 (Sum­ mer 1996): 733-80; ''Assault on Ranger AsSOCIATE PROFESSOR OF LEGAL AsSOCIATE PROFESSOR MARK SPIEGEL Rick: A Political Backlash Against Teach­ REAsONING, REsEARCH, AND WRITING ing Environmental Citizenship." The FRANCINE T. SHERMAN Work in Progress: "The Case of Mrs. Jones Environmental Communicator (December Recent Publications: "Though ts on a Revisited: Paternalism and Autonomy in 1996): 22-23. Contextual View of Juvenile Justice Lawyer-Client Counseling" (forthcoming Reform Drawn from Narratives of Youth." in Brigham Young University Law Review). PROFESSOR JAMES R. REPETTI Temple Law Review 68 (Winter 1995): DIRECTOR OF ACADEMIC SERVICES! Recent Publications: "Long-Term Capital 1837-1868; With William Talley, Jr. ADJUNCT PROFESSOR MARy P. SQUIERS Gains, the Long-Term Investment Per­ "Foreword to Symposium - Struggling spective, and Corporate Productivity." In for a Future: Juvenile Violence, Juvenile Recent Publications: Chapter author for Federal Income Tax Anthology, edited by Justice." Boston College Law Review 36 "Summons." Chapter 4, 4-1 - 4-121,

SPRING 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 41 "Service of Other Process." Chapter 4.1, Another Feminist View." In Date Rape: Review 1997). Also, "The Theory and 4.1-1- 4.1-4, "Service and Filing of Feminism, Philosophy, and the Law, edited Practice of Being Trina: A Remembrance Pleadings and Other Papers." Chapter 5, by Leslie Francis, 41-56. Philadelphia: ofTrina Grillo" (forthcoming). 5-1 - 5-32 and "Rules by District Pennsylvania State University Press, 1996. AsSOCIATE PROFESSOR ALFRED C. YEN Courts; Judge's Directives." Chapter 83, Work in Progress: "Pragmatism, Honesty, 83-1 - 83-34, in Moore's Federal Practice, and Integrity" (forthcoming in Nomos, Recent Publications: "Entrepreneurship, 3rd ed., edited by Daniel R. Coquillette, annual publication of the American Soci­ Copyright, and Personal Home Pages." et al., New York: Matthew Bender, 1997. ety of Political and Legal Philosophy); Oregon Law Review 75 (Spring 1996): "Oliver Wendell Holmes, Jr.: Pragmatism, 331-337; "Unhelpful." Iowa Law Review PROFESSOR CATHARINE P. WEllS Post-Modernism, and the Bad Man of 81 (July 1996): 1573-1583; ''A Statistical Recent Publications: "Corrective Justice American Law," (forthcoming in Brooklyn Analysis of Asian Americans and the and Corporate Tort Liability." Southern Law Review 1997); "Oliver Wendell Affirmative Action Hiring of Law California Law Review 69 (July 1996): Holmes, Jr.: The Bad Man and the Moral School Faculty." Asian Law Journal 3 1769-1780; "Date Rape and the Law: Life," (forthcoming in Minnesota Law (May 1996): 39-54. _

Hugh Ault Assumes Presidency of Tax Institute

I BI oston College Law School professor United States Erwin N. Griswold from Recalling his student days, Mooney _ _ Hugh J. Ault this year became the 1949 to 1994. Kenneth W Bergen, a remembers, "I was immediately struck by third president in the history of the Feder­ founder and board member of the insti­ both Professor Ault's intellect and his abil­ al Tax Institute of New England. tute, took the helm upon Griswold's retire­ ity to communicate the principles of for­ Founded in 1949 to educate lawyers on ment and held the post until this year. eign tax effectively - a rare skill." current tax issues and litigation, the insti­ An institute board member and a for­ The Federal Tax Institute of New Eng­ tute was headed by Harvard Law School mer student of Ault's, Michael Mooney land holds two conferences a year, focus­ Dean and former Solicitor General for the '69, says Ault's election is well-deserved. ing on different aspects of tax law. Each conference includes presentations by well­ known tax practitioners, law school tax professors, and government representa­ tives. The institute's December 1996 con­ ference, "What Can We Really Do to Save Estate Taxes?", was chaired by Ault's Boston College Law School colleague Professor James R. Repetti. Ault is currently a consultant to the Organization for Economic Cooperation and Development in Paris. He is assisting in the development of economic and tax programs for countries with emerging market economies. He was a Fulbright Exchange Scholar at the University of Freiburg, Germany, and a visiting professor at the University of Stockholm, Sweden, from which he received an honorary Juris Doctor degree in 1994. He has been teaching courses in business, international taxation, and tax policy at Boston College Law School since 1968 and has written numerous books and articles on tax issues. His book Com­ parative Income Taxation: A Structural Analysis was just published by K1uwer Law The inexhaustible Hugh j. Ault carries on his tax low work as the third preSident In the history of the Federal Tax International. _ Institute of New England - Robin L. Rosiello

42 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPruNG 1997 Two Law School Faculty Receive $5,000 Grants lj3l oston College recently awarded tion and related issues in her study, The course, known as ILPR, is taught lQj$5,OOO grants to two Law School fac­ which she intends to complete by the Fall by eight professors and basically has ulry members to aid them in their research of 1997. focused on the same case since it was cre­ and teaching pursuits. Assistant Professor Smith was one of 15 recipients of the ated by two Law School faculry in the Pamela ]. Smith received a Research annual Boston College Research Incentive mid-1980s. The consensus was, says Incentive Grant to study trademark laws, Grants, most of which go to tenure-track Tremblay, that it was time to write a new domain names, and the internet. Associ­ assistant professors to help them begin problem that would not only enliven the ate Professor Paul R. Tremblay was given a their research. Her research interests class but would also allow for the intro­ Teaching/Advising Grant to revise a popu­ directly relate to classes she teaches at the duction of different ethical issues. lar first-year course called Introduction to Law School, specifically Properry Law, Tremblay will spend the summer creat­ Lawyering and Professional Responsibiliry. Computer and High Technology Law, and ing the legal dispute and developing the Smith will analyze recent cases involving Patent Law and Policy. necessary supporting materials. He will domain-name piracy, including a recent Tremblay's Teaching/Advising Grant test them with a faculry consultation in controversy between McDonald's and the proposal garnered "unusual praise" from the fall. Dean Soifer expects to introduce then-owner of the "mcdonalds.com" committee members, says Law School the revamped course in the Spring domain name. In that controversy, the Dean Aviam Soifer. of 1998. hamburger chain ultimately was able to The interactive course Tremblay is Tremblay, who has been at the Law preserve the integriry of its trademark on redrafting involves a mock employment School for 15 years, teaches upper-level the internet. Notwithstanding this resolu­ discrimination case that raises a number of ethics and is director of the Legal Assis­ tion, and recent domain name policy practical and ethical issues. The students tance Bureau, the school's civil clinical changes, the underlying question of participate in a series of in-role simula­ program. In addition to the ILPR project, whether the trademark properry rights tions in which they interview and counsel he will be completing a law review article extend (or should extend) to domain clients, perform research, plan strategy, to be presented at the UCLA-Warwick names on the internet remains unan­ negotiate with student lawyers represent­ Interna tional Clinical Conference in swered. Smith expects to explore this ques- ing the other side, and argue their case. October. _ - Robin L. RosieLlo

Paul R. Tremblay tocldes a course overhaul. Pamela J Smith studies do main names and th e internet

SPRING 1997 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 43 News of your profossional activities is wel­ RONALD W. DEL SESTO '65 has been comed for the Boston College Law School named an honorary fellow of the College Magazine. Please send aff items to Boston of Law Practice Management. He also College Law School Magazine, Barat House, serves as a commissioner of the National Boston Coffege Law School, 885 Centre Street, Conference of Commissioners on Uniform Newton, MIl 02159-1163. State Laws. His firm, Del Sesto Law Cor­ poration, is in Providence, Rhode Island. JOHN A. DONOVAN '66 has been named to the 1997-1998 edi­ 1950s tion of The Best ALUMNI Lawyers in America. He is on the manage­ JOHN E. FENTON, JR. '54 has been ment committee and news 6- notes appointed to the committee for public ~ is chairman of the counsel services of the Supreme Judicial general trial depart­ Court of Massachusetts. He is dean of the ment at Burns & Levinson LLP in Boston. Suffolk University Law School, where he He is a fellow of the American College of has been a professor since 1957. Trial Lawyers and a member of the Feder­ HON. JANET HEALY WEEKS '58 has been ation ofInsurance and Corporate Counsel. elevated to the Supreme Court of Guam. RICHARD G. KOTARBA '66 has been GEORGE G. BURKE '59 was awarded an included for the third honorary doctor of laws degree from the consecutive time in University of MassachusettS. The universi­ The Best Lawyers in ty has named its hall of fame the George America. He is a part­ "Trigger" Burke University of Massachu­ ner of Meyer, setts Athletic Hall of Fame. Unkovic & Scott LLP in Pittsburgh, Pennsylvania, and chairman of its real estate and commercial law section. ROBERT V. COSTELLO '69, a partner at the Boston law firm of Schneider, Reilly, R. ROBERT POPEO '61 was featured on the Zabin & Costello, P.e., has been appoint­ front page of The Boston Globe Metro sec­ ed to the board of bar overseers of the tion for his work representing Dennis Supreme Judicial Court of Massachusetts. DiPrete, son of former Rhode Island Gov­ ernor Edward D. DiPrete, both of whom were charged with accepting bribes. The case was dismissed after Popeo and lawyer Richard M. Egbert persuaded a Providence 1970s judge that gross misconduct by prosecutors made it impossible for the DiPretes to get WILLIAM A. CONTI '73 has been elected a fair trial. president of the Litchfield County Bar JERRY FITZGERALD ENGLISH '63 was hon­ Association. He is a managing partner of ored by the American Bar Association with Smith, Keefe, Conti & Moraghan in Tor­ a Service Award for her work as a subcom­ rington, Connecticut. mittee chair, speaker, and a program chair. STEVEN L. PAUL '73 has been named part­ She is a partner in the Summit, New Jersey, ner in the tax group of the Boston law firm firm of Cooper, Rose & English, where of Palmer & Dodge LLP. she is head of the environmental law JAFFE D. DICKERSON '75 has been named department. managing sharehold­ JEROME H. SOMERS '64 has been inducted er of the Los Angeles onto the board of governors of Hebrew office of Li ttIer, Union College-Jewish Institute of Reli­ Mendelson, Fastiff, gion. He is a partner at Goodwin, Procter Tichy & Mathiason. & Hoar LLP, specializing in labor and Prior to joining the employment law. firm in 1988, he was

44 BOSTO N COLLEGE U\W SCHOOL r-,,1.,AGAZINE / SPRlNG 1997 university counsel for California State Uni­ division of investment management. versity. He currently serves on the Califor­ ANNE F. ACKENHUSEN '84 was named of nia State Bar labor and employment law counsel in the Seattle office of Perkins Coie. executive committee. JAMES L. DAHLBERG '81 has joined the Prior to joining the firm in 1994, she was an RONALD S. COHEN '76 has been appoint­ Washington, D.C, office of Deloine & associate with Barrett, Hale & Gilman in ed to serve as the regional attorney in the Touche LLP after 15 years as a corporate Seattle, Washington, and clerked for the Boston office of the National Labor Rela­ tax lawyer. He is an adjunct professor at Federal District Court in Rhode Island. tions Board. Georgetown University Law Center and BRIAN J. KNEZ '84 was named a president the George Mason University Graduate WILLIAM D. PALMER '76, an attorney with and co-chief operating officer at Harcourt School of Business Administration. Carlton Fields in Orlando, Florida, has General Inc. in Chestnut Hill, Massachusetts. been appointed to serve as 1996-1 997 co­ EDWARD K. WELCH II '81 has been MAoOKA ETOH '85 has joined the Seattle, chair of the publications committee of the named assistant gen­ Washington, office American Bar Association's section on dis­ eral counsel respon­ of Graham & James pute resolution. sible for the intellec­ LLP/Riddell Williams, tual property law JOSEPH W. TIERNEY JR. '76 has been P.S., as an associate in group at Witco Cor­ named vice president and tax director for the firm's interna­ poration in Green­ Digital Equipment Corporation. He is tional, corporate, and wich, Connecticut. treasurer of the New England Chapter of real estate groups. He was most recently at Loctite Corporation Tax Execurives Institute Inc. and serves on Previously, she spent five months as a vis­ as their counsel for intellectual property. the Manufacturers' Alliance for Productiv­ iting attorney at the law firm of ity and Innovation Council. GEORGE S. PULTZ '82 has been named Nagashima & Ohno in Tokyo, Japan. Pri­ Lynn division counsel at General Electric KIRK AH TYE '76 has been elected presi­ or to working in Japan, she was associated Aircraft Engines in Lynn, Massachusetts. dent of the Santa Barbara County Bar with the Seattle firm of Stoel Rives LLP. Previously, he had been general counsel of Association. He practices at the Channel RICHARD M. MAHON '85 was named a Robertson-Ceco Corporation. County Legal Services Association in San­ principal in the Newburgh, New York, ta Barbara, California. DAVID P. ROSENBLATT '82 has been firm of Drake, Sommers, Loeb, Tarshis & named to the 1997- JUDY V. DAVIDOFF '77 has been elected to Catania, P.C 1998 edition of The international partnership at Baker & JULIA K. O'NEILL '85 is the co-author of Best Lawyers In McKenzie in San Francisco, California. How to Start a Business in Massachusetts. America. He is chair­ She is a partner in the Newton, Massa­ PAULJ. DILLON '77 has opened a law prac­ man of the environ­ chusettS, firm of Fleming & O'Neill, P.C, tice in Livingston, New Jersey, concentrat­ mental law depart­ concentrating in business, corporate, and ing on business litigation in federal and ment at Burns & secutities law. state courts. Levinson LLP in Boston. CONSTANCE D. SPRAUER '85 has joined AlAN G. PHILIBOSIAN '78, a partner in the JOSHUA SECUNDA '82 graduated last win­ the Boston firm of Brown, Rudnick, Freed Englewood, New Jersey, firm of Profita & ter from Harvard University's John F. & Gesmer as a parmer in its health care Philibosian, has been reappointed by New Kennedy School of Government. He is practice. Most recently she was of counsel Jersey Governor Christine Todd Whitman currently on leave from his position as at the Boston law firm of Mintz, Levin, to the position of commissioner of the Port senior enforcement counsel with the U.S. Cohn, Ferris, Glovsky & Popeo, P.C Authority of New York and New Jersey. Environmental Protection Agency, work­ CHRISTOPHER L. ULRICH '78 has joined ing as a fellow with MIT's Environmental JANE E. (LYONS) SULLIVAN '85 has opened the Stamford, Connecticut, office of'Iyler, Policy and Planning Group and the Con­ a law office in Fall River, Massachusetts, Cooper & Alcorn. sensus Building Institute. specializing in estate planning, .elder law, probate and estate administration, and WILLIAM J. BROWN '79 was recently BoBBY B. GIlLENWATER '83 has been elected long-term care planning, including named to the 1997- managing partner of Medicaid planning. 1998 edition of The the Forr Wayne, indi­ Best Lawyers in ana, office of Barnes & KATHERINE C. AsHDOWN '86 has been America. He is a .fhornburg, where he named vice president in the international partner in the Buffa­ heads the intellectual group of BankAmerica's leasing and lo, New York, firm property department. capital group. of Phillips, Lytle, THOMAS J. OWENS' 86 has opened his law Hitchcock, Blaine & Huber. He practices JACK W. MuRPHY '83 has been elected practice in Seattle, Washington, which in the area of creditors' rights, including partner at the Washington, D.C, office of will focus on employment cases as well as workouts, bankruptcies and reorganiza­ Dechert, Price & Rhoads. He was most commercial and general civic litigation. tions, secured transactions, and asset-based recently associate director and chief counsel He was previously with Lane, Powell, financing. of the Securities and Exchange Commission's Spears & Lubersky LLP in Seattle.

SPRING 199 7 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 45 JON BIASETTI '87 has been elected an president and deputy general counsel of Lawyers. She has also been named record­ equity partner at Lord, Bissell & Brook. LIN Television Corporation in Provi­ ing secretary of the San Antonio Black He practices in Chicago in the firm's dence, Rhode Island. She was previously Lawyers Association. senior corporate counsel at the Providence insurance regulatory and general RORY A. VALAS '91 has joined the litigation corporate department. Journal Corporation. group at Hinckley, EDUARDO COSIO '87 has been elected JAMIL ZoUAOUI '89 has joined the Wash­ Allen & Snyder in president of the Cuban American Bar ington, D.C, office of Morrison & Heck­ Boston. He was pre­ Association. He is also on the executive ler LLP as of counsel. He is currently viously an associate committee of the Dade County Bar Asso­ developing a practice manual on litigating with the Boston firm ciation in the Miami area, where he is a international business and commercial of Sally & Fitch. partner with the Chicago-based firm of claims in U.S. courts. Hinshaw & Culbertson. ANTHONY E. VARONA '92 has received an LL.M. degree in constitutional law from ANNE M. FALVEY '87 has been named a Georgetown University Law Center. He has partner in the New York law office of Kel­ joined the Washington, D.C, office of ley Drye and is a member of the firm's 1990s Skadden, Arps, Slate, Meagher & Flom LLP project finance and infrastructure group. as senior associate. He was previously with WILLIAM A. HAzEL '87 has joined the the Washington, D.C, office of Mintz, JARED W. HUFFMAN '90 was elected pres­ Boston law firm of Chu, Ring & Associ­ ident of the board of Levin, Cohn, Ferris, Glovsky & Popeo, PC ates as a tax partner. Most recently, he was directors of the He serves as lead pro bono counsel to the acting general counsel and first deputy Marin Municipal Human Rights Campaign, a national gay commiSSIOner at the Massachusetts Water District for and lesbian civil rights organization. Department of Revenue. 1997. He is a part­ MARK T. BENEDICT '93 has been named MELISSA RAPHAN '87 is now practicing in ner 111 the San an associate in the financial! real estate the employment law group at Dorsey & Rafael, California, transactions department at Husch & Whitney LLP in Minneapolis, Minnesota. law firm Legal Solutions Group LLP Eppenberger in St. Louis, Missouri. She was formerly with the firm of Oppen­ VINCENT M . LICHTENBERGER '90 has W. BRETT DAVIS '93 has joined Eastern heimer, Wolff & Donnelly. joined Vedder, Price, Kaufman & Enterprises in Weston, Massachusetts, as JON R. ROELLKE '87 has bee n named a Kammholz as an associate in the corporate corporate counsel. H e was most recently partner in the law firm of Howrey & practice areal securi ties practice group in a corporate associate with Hutchins, Simon, practicing in the Washington, its Chicago, Illinois, office. Most recently, Wheeler & Dittmar, PC, in Boston. D.C, office. he was senior counsel for the Securities JUSTIN G. MAIONA '93 is practicing fami­ VALERIE L. ANDREWS '88 has been named and Exchange Commission. ly law at Maiona & Maiona, PC, in a partner at Hill & RAUL E. MAImNEz '90 has joined the plain­ Boston, where he manages the fi rm with Barlow in Boston. tiff's personal injury group of the law firm of his brothers. She joined the firm Chamberlain, D'Amanda, Oppenheimer & ANDRES NAVARRETE '93 has joined the in 1988 and is a Greenfield in Rochester, New York. Washington, D.C, office of Morgan, member of the cor­ ROSEMARY E. MULLALY '90 has become a Lewis & Bockius LLP in the business and porate department. partner in the Doylestown, Pennsylvania, finance practice. office of Sweet, Stevens, Tucker & Katz KEITH C. RYAN '95 graduated from the JENNIE L. PETTIT '88, with the New York LLP She has served for the past two years Border Patrol Train­ firm of LeBoeu£ Lamb, Greene & McRae as chair of the legal services for exception­ ing Academy 111 LLP, was recently re-elected to the board al children committee of the Pennsylvania of directors of the American Judicature Glynco, Georgia, Bar Association. She is also co-chair of the after completing an Society, a national organization that pro­ municipal school law section of the Bucks motes improvements in the courts. 18-week course. He County Bar Association. was assigned to the MARK C. ROUVALIS '88 has become a HEIDI J. SCHENK '90 practices commer­ San Diego Border director of the law firm of McLane, Graf, cial litigation and medical malpractice Patrol Sector in 1996. Raulerson & Middleton in Manchester, defense with the firm of Hallenbeck, Las­ New Hampshire. SETH A. BERRY '96 is a member of the cor­ cell, Norris & Zorn LLP in Rochester, porate practice group GARLAND H. STILLWELL '88 of Fossett & New York. in Hinckley, Allen & Brugger in Maryland, will serve as presi­ ILETA A. SUMNER '90, an attorney with Snyder's Providence, dent of the J. Franklyn Bourne Bar Asso­ Bexar County Legal Aid in San Antonio, Rhode Island, law ciation during 1997, the group's 20th­ Texas, was elected to the board of directors office. He was a sum­ anl1lversary year. of both the Bexar County Women's Bar mer associate for the DENISE PARENT '89 has been elected vice Association and the Texas Women firm in 1995.

46 BOSTON COLl.EGE U\W SCHOOL MAGAZINE / SPRING 1997 CHRISTOPHER LEE BLAKE '96 has opened a law office in Jamaica Plain, Massachu­ In Memoriam setts, with emphasis on the representation of individuals in administrative and trial PETER G. FALLON '39 JOHN J. DEEl.Y '51 proceedings. ROBERT D. POWER '41 VINCENT A. HARRINGTON '51 CRAIG J. COFFEY '96 has joined the Prov­ WALTER D. RAl.EIGH '51 idence, Rhode Island, firm of Adler, Pol­ JOSEPH C. RYAN '42 lock & Sheehan. THOMAS M. REEVES '46 CHARLES E. COLBERT '52

KATE E. MORIARTY '96 has been named PAUL J. BURN S '49 EDWARD J. PARRY '61 an associa te in the WILl.lAM J. CURRAN '50 JmlN L. SLINEY '62 Cincinnati, Ohio, JOHN G. McELWEE '50 BRIAN J. MORAN '63 office of Dinsmore OKLA JON ES '71 & Shohl LLP • COl.EMAN F. CLOUGHERTY '51

Supreme Court Swearing in Touches a Father's Heart

Wgroup of Boston College Law School once allowed to specify Fhe exact size of I£}J alumni became members of the Bar of their chairs. A lunchwn, arranged by fel- \ .' the U.S. Supreme Court during a swear­ low Law School alun1nus Senator John ing-in ceremony in the nation's capital Kerry '76, followed in the Dirksen Senate March 31 presided over by Chief Justice Office Building. William H . Rehnquist. One attendee who was particularly This year's event was the 10th in which touched by the day's event was Mario Tro­ Law School graduates have participated vini, the 63-year-old first-generation since 1989, when the Law School began immigrant father of ceremony participant sponsoring admission ceremonies. Mem­ Vincent Trovini '87. In 1953, the elder bership in the bar is a precondition to Trovini persuaded his grandfather to give Alumni on th e steps of the U.S. Supreme Court. arguing a case before the Supreme Court. him $2,000 to buy his way onto the Many of the inductees invited friends Andrea Doria - the last trip it made said he was overcome with pride: "I and family to witness the auspicious pro­ before sinking - as a stowaway bound for thought, 'My God, what more could ceedings, which began with the justices' New York. Armed with only a sixth-grade I ask?' " announcement of that day's decisions: US education, he worked odd jobs (once hid­ All qualified Law School alumni are v. Lanier, in which the Court ruled that ing from police at his work site by bur­ eligible to participate in a Supreme Court the overturning of a Tennessee state rowing under a pile of wood and remain­ swearing-in ceremony. For more informa­ judge's conviction for sexl,Ial assault was ing motionless as a can of motor oil, tion on the requirements, contact Terri not legally defensible on the grounds that knocked over during his retreat, oozed Arnell, the Law School's director of special an 1866 federal civil rights law known as down his back). In less than a year, Trovi­ events, at (617) 552-4378 . • Section 242 did not apply to his case; ni married, within two years he had com­ - Paula Ogier Young v. Fordice, in which the Court pleted night school to learn found that the state of Mississippi failed to English, and by 1955 he had comply with the law requiring pre-clear­ begun his own construction ance from the Justice Department for its business. Visa worries required voter registration procedure; and Turner a trip to Cuba to obtain new Broadcasting System, Inc. v. Federal Com­ documents, but in 1960 - 37 munications System, in which the Court years before he watched his son upheld Congress' 1992 "must-carry" law sworn in before the Supreme requiring cable TV operators to reserve Court - Vincent stood in channels for local broadcast stations. front of another judge and After the ceremony, the group was giv­ took his own oath, that of en a tour of the Court and treated to United States citizenship. behind-the-scenes tidbits of history and Recalling his son's role in ShOring a post-ceremony moment are (fro m lett) Woller C. Sp iegel lore such as the fact that the justices were the March ceremony, Vincent '74. Paul G. Roberts '73. and Dean AVlom SOifer

SPRING 1997 / ROSTON COLLEGE LAW SCHOOL MAGAZI N E 47 Black Alumni Celebrate the True Rewards of Community

Ijl n a gathering as distinguished for its L!J honorees as for its hosts, the Boston College Law School Black Alumni Network paid tribute to outstanding African-American jurists in April during its annual meeting. A factor in the selection of the award recipients was their lifelong pioneering spirit and their principled responses to the vagaries of a life of service. For U.S. Rep­ resentative Robert C. Scott '73 ofVirginia, at issue was the dissolution of his third­ term Congressional seat because of redis­ tricting. For Massachusetts Appeals Court The upcoming generation o( alu mni, students ((rom lett): Valerie Colbert. Michael Thomos, Patty Fairweather, Associate Justice Frederick L. Brown, it Ch rystle Boucree, Ka l AdOlr, Tanya Campbell, Christina Cobb, Lubbie Harp er, Roy Christopher Harris was his candidacy for a recent opening on the state Supreme Judicial Court. particular treat tonight because we are hon­ who have gone through this and remained oring two people who can be in a place of whole." power without sacrificing principle." Indeed, broadening the reach of the "Boston College draws great strength Black Alumni Network has been a priori­ from the individuals within the communi­ ty for president Susan Maze-Rothstein ty," echoed college president Rev. William '85, who spoke about the organization's P. Leahy, S.]. "Individuals who are like us continuing growth. "We have a new set of strengthen us, but those who are different bylaws, a strategic plan, methods for really change us. You are the individuals recruiting highly qualified students, and a who help make Boston College so vibrant, developing scholarship program," she so diverse." said. Such efforts to build a cohesive black No one was more animated among the alumni community and to acknowledge crowd of alumni, students, and prospec­ the talent within it, she believes, improve tive students than the Hon. Leslie Harris the entire Law School environment. The '84, who introduced a group of visiting network's accomplishments, she said, students who'd just been accepted into the "signify how diversity can be a success Class of 2000. He noted how far the Law on all sides .... With our deeds, we u.s.Representative Robert C. Scott 73 received an awa rd (or his significant contributions to the legal profession. School has come in the las t 29 years since enrich the school so that together we the leadership made a commitment to can achieve understanding and become a Brown received the Paul Robeson black student enrollment. "We have really true community." _ Award, named for the great actor, lawyer, had a presence on this campus sll1ce - Vicki Sanders and political activist. T he honor recognizes 1968," he said. individuals for dedicated service to the And that commitment people of Massachusetts. Judge Brown "is remains strong, according to a man of great intellect, a scholar, and a other network members. T he lawyer who stood for his principles" while last entering class had one of the under consideration for the SJ C post, said highest minority enrollments in presenter the Hon. Charles E. Walker '78. the Law School's history. "I and the Black Alumni Network co nsid­ Professor Anthony Paul er you a supreme court judge. " Farley introduced the graduat­ Rep. Scott received the Hon. Harold ing Class of 1997, which was A. Stevens Award, which recognizes a also honored. member of the Black Alumni Network "It's important for the who has made significant contributions to seniors to be recognized" and the legal profession. ceremoniously welcomed into ''This event is a high point every year," the alumni network, Professor The Han. Frederick L Brown (center) accepts his gavel gingerly (rom said Dean Aviam Soifer in his address to the Pam Smith said later, "because presenter the Han. Charles E. Walker 78 as the Han. Susan Maze- animated gathering at Barat House. "Ie's a they are African-Americans Rothstein '85 shores in the spint o( the moment

48 BOSTON COLLEGE lAW SCHOOL MAGAZINE / SPRlNG 1997