BC Law Magazine Spring/Summer 2012 Boston College Law School

Boston College Law School Digital Commons @ Boston College Law School

Boston College Law School Magazine

5-1-2012 BC Law Magazine Spring/Summer 2012 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, "BC Law Magazine Spring/Summer 2012" (2012). Boston College Law School Magazine. Book 40. http://lawdigitalcommons.bc.edu/bclsm/40

This Book 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]. boston college law school magazine Spring | Summer 2012

also: What’s Your CQ? • Leadership, BC-Style • Rehnquist’s Folly www.bc.edu/bclawmagazine

Carney for the Defense why the accused have jay carney on speed dial Join us 2012

• reunion events, November 2-3, for classes 1962, 1967, 1972, 1977, 1982, 1987, 1992, 1997, 2002, 2007, and volunteers

• alumni assembly, November 2, featuring William Landay ’90, author of the New York Times bestseller Defending Jacob

Look for more information in the coming months at www.bc.edu/ lawreunion, but please save the date now! Contents spring / summer 2012 Volume 20 | Number 2

30 J U DY S A N D ERS /W IL

FEATURES DEPARTMENTS

2 In Limine special report on criminal defense 3 Behind the Columns 14 Mounting a Killer Defense Poised to represent reputed mob boss James “Whitey” 4 In Brief Bulger, Jay Carney ’78 exhibits a passion for justice 10 Legal Currents so palpable that his transcendent career as a criminal Rehnquist’s Folly Did he tell a lie? defense attorney seems preordained. But there’s more to the story. By Chad Konecky 12 Hot Topics Vince Rougeau and Elaine Pinderhughes 22 Defending the Unsavory on diversity Criminal defense attorneys can be vilified as ruthlessly as are their clients. How electronic media are reshaping 36 Global Engagement a dynamic as ancient as Cicero. By Chad Konecky 38 Esquire ALUMNI NEWS GENERATIONS 26 What’s Your CQ? CLASS NOTES Do culturally competent lawyers hold the secret to the profession’s future success? By Jeri Zeder 47 Commencement 48 Faculty News Hugh Ault retires 30 Hot Seats, Cool Heads Profile Vlad Perju When eight past and present Congressmen with academic vitae BC Law ties define leadership, new hope for civility and bipartisanship emerges. By James F. Smith 59 Reunion Giving Report 64 In Closing

cover: Photo by Mark Ostow above: Congressmen Kerry, Markey, Scott, Capuano, Hodes, and Lynch at the 75th anniversary celebration of BC Law School in 2007.

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

spring / summer 2012

VOLUME 20 NUMBER 2

An Act of Clairvoyance Dean Vincent D. Rougeau Discerning the characteristics that define BC Law Editor in Chief Vicki Sanders t’s endlessly interesting to be in a role at BC Law School that requires a kind of ([email protected]) journalistic clairvoyance. This bricks and mortar place is simply that: a place. IThe people who walk its halls come and go over time, their activities largely Art Director unseen by outsiders. So how to go beyond the façade? How to capture for all to Annette Trivette see the energy and ideas that define BC Law, that give it humanity, shape, purpose, distinction? Contributing Editor A magazine does so by telling stories, stories about the people, the scholarship, Deborah J. Wakefield the brain power, the finances, the events, the aspirations, the achievements—well,

you get the picture. But this is not simply a recording task. Long before stories hit Contributing Writers the page, something less tangible must occur, a sort of third-eye, all-senses-tuned-in Cynthia Atoji “seeing” of what is here. Steven Chen ’13 Each BC Law Magazine is a reflection of that intuitive inquiry. No two issues Chad Konecky are alike because no two moments in the Law School’s life are the same. And when Julie Michaels a new dean arrives on the scene—July concludes Vincent Rougeau’s first year in the Michael O’Donnell ’04 seat—it has a way of putting things into high relief, quickening change, and articu- lating aspects of BC Law’s raison d’etre in novel ways. James F. Smith Diversity, for example, is a matter about which Dean Rougeau feels deeply. The Jane Whitehead magazine has given that sensibility form in several articles. “What Is Your CQ?” Jeri Zeder on Page 26 explores the increasing demand for culturally intelligent lawyers able to effectively relate to clients from many backgrounds and walks of life. Such know- Photographers how isn’t solely the province of, say, family court, where training has begun to help Kerry Burke, MTS BC advocates deal better with the domestic fallout from ethnic, racial, and economic Suzi Camarata differences. It also has an impact all the way to the top of the legal ladder, Caitlin Cunningham where cultural awareness affects global transactions of the highest order. Frank Curran Diversity is addressed on a more personal level in the “Hot Topics” Charles Gauthier discussion on Page 12 between Rougeau and Boston College Professor Michael Manning Emerita Elaine Pinderhughes of the Graduate School of Social Work, Mark Ostow both of whom are black. And again in “Hoodie Power” on Page 4, where Judy Sanders/Wildsands Rougeau talks as a father about the Trayvon Martin shooting and his Jacob Silberberg ’12 concerns for his own teenage sons. Dana Smith Leadership is another of Rougeau’s interests. How does that single word flesh out to characterize a BC Law education and the people it produces? In the thoughts Printing and actions of eight current and recent-past alumni in Congress, that’s how. “Hot R. C. Brayshaw & Company Seats, Cool Heads” on Page 30 offers hope in this sharply divisive political era that decision-making rooted in compassion and values-based reasoning just might be the Boston College Law School of Newton, Massachusetts 02459-1163, publishes salve to heal a troubled system. BC Law Magazine two times a year: in Still other voices emerge from these pages, adding dimension to the personality January and June. BC Law Magazine is printed by R. C. Brayshaw & Company that is BC Law School today. Welcome past the façade. in Warner and West Lebanon, NH. We —Vicki Sanders welcome readers’ comments. Contact us Editor by phone at 617-552-2873; by mail at Boston College Law School, Barat House, 885 Centre Street, Newton, MA 02459- 1163; or by email at [email protected]. Copyright © 2012, Boston College Law School. All publication rights reserved. Opinions expressed in BC Law Magazine do not necessarily reflect the views of Boston College Law School or Boston College. T I FFA N Y W IL D ING -WH E

2 BC Law magazine | spring / summer 2012 [ B e h ind t h e C o lumns ]

Lawyering to the Middle Class

The poor and indigent are not alone in needing affordable, capable representation

he discussions around challenges facing the my mother asked me for help finding a lawyer so legal profession and legal education have she could establish legal guardianship for my aunt, Tobscured a critical reality of American life. her sister, who could no longer care for herself. We Many, many people who need legal services do not searched for weeks to secure a lawyer in her town who have access to them. What is particularly notable was willing or able to help us. By the time we found about the problem is that it extends far beyond the someone suitable, a couple of months had passed and indigent and those of low and moderate incomes. my aunt had died. Although her death was sudden Middle-class families who need legal services also can- and unexpected, had we had the legal help we needed not afford them, or in some cases, cannot secure them. when we needed it, the process of settling her affairs It is a problem that strikes at the heart of our nation’s would have been much simpler. In the end, it took efforts to be a just society under the rule of law. years to probate her estate, a process that was pre- The recent collapse of the real estate market and ceded by many more months of searching for a lawyer the myriad scandals around mortgage lending offer who could do it properly. a particularly compelling case in point. Over the last quarter century, heavy pressure was applied in state legislatures to limit or remove requirements for attor- “Millions of Americans represent neys to represent buyers and sellers in residential real themselves in court everyday on estate transactions. The purchase and sale of a home is probably the most important and sophisticated finan- probate and family law matters cial event in the life of a typical middle-class family. It because they believe they cannot is one of the best times to introduce Americans to the afford a lawyer, or worse, legal system and the benefits of legal representation, yet many Americans complete this transaction without they cannot find good legal any legal assistance. representation.” It is impossible to know how many homeowners would have been spared the personal and financial devastation of foreclosure if they had been given legal It is true that many recent law graduates are having representation. Attorneys would have been obligated difficulty finding jobs, but this does not necessarily to explain the consequences of mortgage obligations mean that there are too many lawyers. It might also and loan agreements, and in some cases could have mean that there is a market failure. The broad need for renegotiated documents that contained sharp (or ille- lawyers in the United States is obvious and growing. gal) lending practices. Perhaps not every lawyer would Few individuals are capable of negotiating our highly have met this standard, but those who did not would complex legal system on their own without extensive have been subject to various forms of legal and profes- legal training, and money spent on good legal repre- sional discipline. It is worthwhile to consider the salu- sentation often saves substantial expense (and possible tary benefits to the entire economy that might have heartache) later. resulted from competent advocacy by lawyers skilled Why can’t recent law graduates make a decent in real estate transactions in even a small percentage living representing middle-class people who need law- of those cases. yers? It is a question that needs to be answered soon. Real estate is the most prominent example of Given that we are in the midst of a major economic the problem, though not the only one. Millions of restructuring of the legal profession and legal educa- Americans represent themselves in court every day on tion, this would be a good time to do it. probate and family law matters because they believe —Dean Vincent Rougeau they cannot afford a lawyer, or worse, they cannot find good legal representation. This is an experience that affected me very personally. Several years ago, suzi ca m a r ata

www.bc.edu/lawalumni 3 [ I n B rief ] Campus news & events of note

these students were among 300 who participated in “Trayvon Martin Wear Your Hoodie to Law School Day.”

watchman George Zimmer- BALSA convened a panel in man shot him. Law students April, drawing a capacity Hoodie Power across the country—including crowd. Several faculty speakers from BC Law—expressed their provided cases and statistics of Trayvon Martin case inspires solidarity, dismay over the circumstances prejudice and injustice going exploration of tough realities surrounding Martin’s death on back years. And, as Profes- “Trayvon Martin Wear Your sor Mark Brodin said, citing he killing of unarmed anger and protests over the Hoodie to Law School Day” W.E.B. Du Bois, “The color black teenager Tray- potentially murderous conse- March 18. The students pic- line still persists.” T von Martin by a neigh- quences of racial stereotyping. tured here were among some Dean Vincent Rougeau, borhood-watch volunteer in a The most potent symbol of that 300 members of the BC Law who introduced himself as “a gated Florida community in profiling to emerge from the community who participated. person of color,” spoke of the February opened racial wounds incident was the hooded sweat- Discussion of the case con- challenges of raising three sons, across America, triggering shirt Martin was wearing when tinued when the student group ages seventeen, sixteen, and

4 BC Law magazine | spring / summer 2012 ten, in a world where people fear others simply because of Post-Deportation Victory their color. “How [my sons] dress, how they speak, how Immigration clinic also prevails they hold their bodies is lim- in complex case ited in public space,” he said. “At worst, people will perceive n a federal court case ty, but it also shines an impor- them as a threat. At best, they brought by the Boston tant light on the distressing Letters will just write them off as irrel- I College Post-Deportation state of post-deportation law,” evant, superfluous, dangerous, Human Rights Project, togeth- said BC Law Professor Daniel Saying Goodbye expendable. It doesn’t matter er with other immigrants rights Kanstroom, director of the Bos- Editor’s Note: Dean Richard that [their father] is the dean organizations, the US Depart- ton College Post-Deportation Huber and Professor Robert of BC Law School. Trayvon ment of Justice was ordered Human Rights Project. “Even Berry passed away last year. explodes that horrible fear that in February to disclose the people who win legal appeals In response, we heard from one day my child will be in basis for the government’s mis- after deportation face a tor- a number of colleagues and the wrong place at the wrong leading representation to the tuously long and complicated alumni. Here are excerpts from some of those letters: time.” Supreme Court that a policy path back to their homes and Some white faculty and stu- exists for returning wrongfully families. This is a shameful situ- Dick Huber dents alike grappled with sub- deported immigrants. ation in need of urgent reform.” “Dick was the first dean I conscious attitudes that have Judge Jed Rakoff, of the In another immigration worked with who actually un- troubled them. Professor Frank Southern District of New York, case, BC Law’s Immigration derstood clinical education as Herrmann, SJ, for one, recalled rejected the government’s and Asylum Clinic halted ter- something other than a frill his shameful response when attempts to shield justice mination of removal proceed- of letting the kids play in the sandbox, that it could be educa- he walked into the lobby of department emails communi- ings for a Jamaican-born client tion in the fullest sense of the a Bronx apartment building cating government policy for when a Hartford, Connecticut, word, and that it was integrally in the 1970s and saw a man immigrants who win their cases judge found that the man was a related to the Jesuit tradition there he thought looked suspi- post-deportation. US citizen. of social justice.”—Professor cious. Reacting to Herrmann’s The Solicitor General had “The issues were terribly Mark Spiegel obvious distress, the man said, argued to the Supreme Court complicated, involving consti- “Despite his incredible ac- “I’m not going to mug you, in 2009 that the US govern- tutional law, Connecticut fam- complishments, Dick’s ego was man.” In his work in BC Law’s ment has a policy and practice ily law, and Jamaican law,” never in sight.”—Professor Mark criminal justice clinic over the for returning immigrants who explained BC Law Clinical Brodin years, Herrmann has observed are deported by US Immigra- Professor Laura Murray-Tjan. that familiarity goes a long way tion and Customs Enforcement “We introduced a novel ret- “I was only the second woman towards erasing such biases. while their judicial appeals roactivity argument that ran in a tenure track position. At “We just have to know one are pending, but who are later contrary to every published a time when my acceptance as a female member of the faculty another better,” he said. found by the courts to have been decision on the issue, but which was a tad tenuous, Dick shared One student in the audi- wrongfully deported. However, had never been specifically with me his initial entry into ence summed up the dilem- the experience of many deport- raised or ruled on.” legal academia as a Catholic, ma. “How are we being sub- ees and their counsel has long Murray-Tjan credited Jes- which he indicated was not al- tly taught to be fearful?” she been to the contrary. sica Swenson ’13 (and fellow ways smooth either. How things asked. “It’s got to be coming “This is a major victory 2L researchers) for her analysis change.”—Professor Cynthia from somewhere.” for principles of governmental and cogent argument of the Lichtenstein

K ERR Y BUR E / B C M T S —Vicki Sanders transparency, ethics, and hones- issues. “Dick could unfailingly figure out where the faculty was headed on an issue and…where there was a real possibility of controversy, he had a marvelous in the news knack for defusing it. I recall faculty meetings on contentious “By the time Mladic and his troops murdered issues where Dick brought up the matter and began talking thousands in Srebrenica, they were well-rehearsed about it and talking and talking. in the craft of murder….He executed his campaign By the time he opened the discussion up to us, we all wanted of terror, shell after shell after shell….It was to leave, so the meeting went quickly. I didn’t realize until about creating insecurity. It was about creating terror.” much later the clever method of —Senior prosecutor Dermot Groome ’85, speaking on the opening day of the trial in The Hague his approach; I just thought he of former Bosnian Serb military commander Ratko Mladic couldn’t stop talking.” —Professor James Rogers (continued on page 7)

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

and executives with informa- property rights in the US and Directors Learn to Be Better tion on how to ethically fulfill across international borders. their oversight duties. The twenty-six presenters, Board Members Among the topics discussed who included the director of in the intensive, day-long the Division of Enforcement at Executives take lessons forum June 20 were: recent the SEC, Robert S. Khuzami, in corporate governance developments affecting direc- and Boston College faculty and tors’ fiduciary duties, including alumni, engaged in discussions rank Partnoy, author School and the Carroll School the Dodd-Frank Wall Street with corporate directors and of the bestselling Wait! of Management’s Center for Reform Act and Foreign Cor- officers who are involved in F The Art and Science of Corporate Citizenship. rupt Practices Act; the benefits corporate governance, support Delay, was the keynote speaker Through interactive lectures and risks of pursuing the cor- board committees, and care of the second annual Directors’ and panel presentations, top porate interests through par- about risk management in a Program on Corporate Gov- academics and practitioners ticipation in the political pro- rapidly changing regulatory ernance, offered by BC Law provided corporate directors cess; and managing intellectual environment.

Dress of Dreams Ana, Carmane, Felinesse, Jennifer, Kaillee, Kendall, Rosie, and Victoria, juvenile girls in the Spectrum Detention Center in Dorchester, began this art project by writing a journal entry about their hopes and dreams for the future. Over the next few weeks, they collaged images and words from their original journal entries onto paper panels for each section of the garment. All of the panels were stitched together to create the final dress, which presents a collective portrait of the girls and their aspirations for a brighter future. “Dress of Dreams” was part of retrospective exhibi- tion of juvenile art presented by Artistic Noise in Boston in February. Founded in 2001, the endeavor grew out of Hear Us Make Artistic Noise (H.U.M.A.N.), under the umbrella of the Juvenile Rights Advocacy Project at BC Law.

6 BC Law magazine | spring / summer 2012 [ I n B rief ]

A Boost for Oral Advocacy

Simon Foundation Gives $1 million for program Letters

$1 million grant from who established the education- many decades,” said Bill Simon Bob Berry the William E. Simon al and benevolent foundation. Jr. ’82, co-chair of the founda- “Though I never had a course with Professor Berry, his reputa- Foundation of New “Oral advocacy is a vital tion. “Literally thousands of A tion for excellence and integrity York will be the cornerstone part of a Boston College Law top-flight litigators first learned in the legal community was well of an enhanced Oral Advoca- School education,” said Dean their skills in the various com- known. The true excellence and cy Program at Boston College Vincent Rougeau. “The Simon petitions at the Law School. I utter humanity of the professors Law School. Foundation’s generous gift will am proud to have participated at BC Law are a major reason why The gift supports an ongoing anchor our program for future in the Grimes Competition and I feel a genuine sense of pride when I tell my inquiring friends program that will be named the generations. We’re grateful to as a member of the National and colleagues that I achieved my Simon Oral Advocacy Program the foundation for their vision.” Moot Court Team. The lessons Juris Doctor degree, and a stel- in honor of the late US Trea- “The Oral Advocacy Pro- I learned from Peter Donovan lar legal education, from Boston sury Secretary and Chairman gram has been a hallmark of and many others remain with College Law School.”—David M. of the US Olympic Committee Boston College Law School for me to this day.” Smithson ’84

“He was…filled with energy and mischief.”—Jody Greenspan ’83

Are Citizenship Laws Working? “Bob Berry’s first term at BC was also mine….Our class felt he Book to be outcome of BC Law conference belonged to us in a special way. At graduation he, rather than s the Citizenship-in- her marriage to a US citizen, of important but understud- any student, was overwhelmingly Question conference he couldn’t show documenta- ied questions about the rela- voted to be our valedictorian, and he spoke with his custom- held at BC Law in tion to that effect and was tionship among nationality, A ary charm and kindness.”—Jan April illustrated, citizenship deported to the country of his autochthony, jus soli, authen- Armon ’74 laws in action can be pow- birth. Francis told conference ticity, and claims to citizenship: erful and dangerous weapons attendees that it took him ten What does it mean to be an “I began BC Law five days after that imperil large numbers of years to win his fight to return authentic citizen? How does completing three years in the Ma- people worldwide. to the US. the ancient Greek concept of rine Corps and nine months after returning from Vietnam. Some In the United States alone, BC Law Dean Vincent autochthony (i.e., birth from professors and some students ex- tens of thousands of people, Rougeau also spoke that eve- the earth), inform contempo- hibited animosity to persons such including some American citi- ning. He thanked conference rary rules for nationality? How as me. Bob Berry was not one of zens, are deported under ques- sponsors for bringing their is law used to police the bound- them. Whatever his politics or tionable circumstances every work to Boston College, a aries of a birthright citizenry? beliefs were, he was even-handed year, according to opening place, he says, that respects What is the evidential basis for in his capacity as a professor night speaker Jacqueline Ste- human dignity and uniqueness citizenship? What difficulties and was simply just a very nice man.”—Ken Phalan ’74 vens of Northwestern Univer- and is therefore an “important do people face in proving their sity, who introduced her fellow location to have these critically citizenship? How and why do The Birth of a Journal scholars to a victim of that important discussions.” questions of citizenship and It was inaccurate to simply state reality. Co-sponsored by Boston nationality imperil political in the article, “Third World Law Johann “Ace” Francis was College’s Center for Human leaders? Journal Renamed” (Fall/Winter a nineteen-year-old US citizen Rights and International Justice Presentations and discus- 2011), that in “the late 1970s and when he was deported—unlaw- and the Institute for the Liberal sions ranged widely, from the early 1980s, a group of students sought to found a journal that fully, it would turn out—to Arts; the University of Penn- most theoretical topics to high- would provide a progressive, Jamaica in 1999. After he com- sylvania; Northeastern Univer- ly specific and textured descrip- alternative legal perspective by mitted a crime in Arizona and sity; and Rochester Institute tions of citizenship issues from publishing scholarship affecting served a year in prison on an of Technology, the three-day the US-Mexico border to Thai- populations underserved by the assault charge, he was picked Citizenship-in-Question con- land, Togo, Israel, Germany, legal academy.” up by Immigration and Natu- ference brought together an and beyond. In fact, the Third World Law ralization Services. Though international panel of scholars The organizers, including Journal (TWLJ), renamed the Jour- nal of Law & Social Justice, actu- he had grown up in America in legal and political thought BC Law Professor Daniel Kan- ally began with the April 1977 with his mother and acquired pertaining to citizenship claims. stroom, are planning a book “Entertainment Law Symposium citizenship at fourteen when The basic goals of the con- based upon the conference. from a Black Perspective.” The she was naturalized following ference were to explore a set —Lauren Tebsherany (continued on page 9)

www.bc.edu/lawalumni 7 Ahmad Rasikh LLM ’13

8 BC Law magazine | fall / winter 2011 [ I n B rief ] Rasikh (LLB, University of Kabul) is the first Afghan student in BC Law’s LLM program. He did development work for the US, UN, and Red Cross in Afghanistan, and plans to return. He Neck and Neck doesn’t rule out a career in politics. As a boy, he fled Kabul with his family to avoid civil war. Rankings based on Letters When the Taliban invaded the town they had whisker-thin margins fled to, he and his father made a fourteen-hour C Law tied with four symposium was organized by trek over snow-covered mountains so he could other schools at 29th more than 20 members of the place in the 2013 US Law School’s Black American Law continue attending school. Rasikh’s father is a B Students Association (BALSA) News & World Report rank- government publications manager. His mother with the support of Dean Richard ings, released this spring. The teaches school—coed classes in communist times, Huber, who assigned Professor Law School received a score of Robert Berry as faculty advisor. single-sex classes ever since. 66 out of 100, up a point from Through Berry’s close associa- 65. Thirteen law schools fall in tion with Fred Slaughter, then as- Did working with foreigners put you in danger? the range between 65 and 70 sociate dean at the University of Three months before September 11, the Taliban began in overall score, making it a California at Los Angeles School of Law, host institution to the tightly bunched group. imprisoning the staff of the agency where I was working. Black Law Journal (BLJ), a com- They accused us of preaching Christianity. I learned of it US News ranks schools with mitment was made to publish in time and was able to flee to Pakistan. I didn’t return a total score from 1 to 100, the symposium’s proceedings in a until the Taliban were overthrown. based on a number of different future issue of that journal. The factors such as ratings by law symposium was a huge success, Why study law? Everyone in Afghanistan talks about school faculty, lawyers, and but technical difficulties in tran- law, especially the educated classes. They see law as a judges; the percent of students scribing the proceedings and the presenters’ failure to submit their solution to the country’s problems. Afghanistan does employed nine months after presentation texts, prevented have very good laws. What we do not have is rule of law. graduation; admission figures; BALSA from producing an issue Our legal system is politicized and nepotistic. bar passage percentages; and of the BLJ. expenditures per student. This disappointment was the What was it like to come to the US? Back home if you The Law School improved genesis of BALSA’s spearheading go out, you never know if you’ll return. Here you feel in many areas, including the the establishment of the TWLJ, safe, psychologically and physically. assessment score from lawyers widely read and renowned, under that name, for the past and judges, GPA range, stu- thirty-five years. The TWLJ out- What have you gotten from the LLM program? dent-faculty ratio, and bar pas- performed all but one other A new perspective on law. We have courses that are un- sage rates. However, employ- journal at BC Law and all but one available at home, such as International Human Rights. ment rates dropped during one other similar specialty law journal I’ve also learned about this country’s dual state-federal of the more difficult employ- nationally. legal system. Afghanistan’s political and legal systems ment environments in recent Rosaline Valcimond ’05 and Susan Maze-Rothstein ’85, co- have always been very centralized. People in the prov- memory. Many other schools presidents, Black Alumni Net- inces are forced to accept central government rule, and did the same. The result for BC work (BAN), on behalf of BAN that fuels the insurgency. So moving to a US-style federal Law was a two-point decline and all living founders of the system might help Afghanistan. from last year’s rank of 27th. Third World Law Journal.

Have you experienced human rights violations? A few years ago, I got into a small traffic accident. It wasn’t my LRAP Funds Awarded to Record 104 Graduates fault, but I was put in prison because I refused to bribe the police. It took a month before I saw a judge and was The Francis X. Bellotti Loan Repayment and Forgiveness Program released on bail. The prisons are really bad. The guards (LRAP) awarded $373,000 this year to 104 graduates, the second highest amount ever distributed by BC Law. can use violence against you. There is no restraint. Although this year’s dollar number was lower than last year’s all- time high of $471,000, it was significantly more than 2010’s $333,840, What about the human rights of Afghan women? and was distributed to a record number of graduates currently practic- Afghan women have no access to education. If they’re ing in the public sector. allowed to attend school, they have to marry when they Funding for LRAP is up over 300 percent during the past decade. finish, and not attend university. If they go to university, “As always, the Scholarship Committee is so grateful to the many they’re not allowed to work. There are forced marriages, supporters of the Bellotti Loan Repayment and Forgiveness Program,” especially in rural areas. There is domestic violence. said Committee Chair and Assistant Dean for Career Services Maris Abbene. “We were able to award LRAP funds to every single qualified Some women self-immolate to escape these conditions. applicant. Our primary mission continues to be helping our graduates It will take political courage from leadership to change who serve the greater good, and we will do everything in our power mi cha el m a nning women’s lives. —Interviewed by David Reich to grow the program and assist as many people as possible.”

www.bc.edu/lawalumni 9 [ L e g al C urrents ] trends, opinion, and timely issues

Rehnquist’s Truthfulness Questioned— Again

Law Review article provides new evidence of possible lie

ehnquist’s Missing Letter: A For- mer Law Clerk’s 1955 Thoughts “ Ron Justice Jackson and Brown,” one of the most unconventional yet widely read articles published in a Boston College legal journal in recent memory, almost didn’t make it into print. Had it not, Boston College Law Review would not have enjoyed the national spotlight, including a story in the New York Times, for publishing a scintillating examina- tion of Rehnquist’s apparent support for segregation. In the summer of 2011, the two newly elected executive articles editors of the Law Review were still figuring out which types of articles merited offers of publication, when a provocative work by John Q. Bar- rett, professor of law at St. John’s Univer- sity, and Brad Snyder, assistant professor of law at the University of Wisconsin, came up for consideration. “Rehnquist’s Missing Letter” was in many ways a nontraditional law review article, both in its style and its focus on primary historical sources rather than the statutes and cases typically cited to support such articles. But its opening quotation was a showstopper: “I think that Plessy v. Fer- guson was right and should be reaffirmed.” The person quoted was William Rehnquist, who, in 1952, was a law clerk to Supreme Court Justice Robert H. Jackson. Rehnquist wrote the statement in the first person in a memorandum he penned for Jackson in preparation for Brown v. Board of Education. Jackson ultimately supported Brown, the unanimous landmark school desegregation case that overturned the 1896 “separate but

j e a n- f r n c ois m t in equal” Plessy v. Ferguson decision, thus

10 BC Law magazine | spring / summer 2012 expressly rejecting the position articulated tions to its characterization of Jackson. in the Rehnquist memorandum. Despite E. Barrett Prettyman, who clerked for the fact that the memo bore Rehnquist’s Jackson after Rehnquist, so vehemently On a Roll initials, he would later declare—in 1971 disagreed with the thrust of Rehnquist’s “Rehnquist’s Missing Letter” was not when he was nominated to the Supreme letter that he wrote his own response in the only article with BC Law connec- Court, and again in 1986 when nominated October 1955, reproduced in the appendix tions to garner national media atten- for chief justice—that the views expressed to “Rehnquist’s Missing Letter.” tion recently. were his justice’s, not his own. Jackson’s Prettyman’s response, which answered The Wall Street Journal and the Dayton Daily News picked up on death of a heart attack several months after the criticisms of Rehnquist’s letter point by an article in the March issue of the the Brown decision, in October 1954, left point, provides the foundation for Barrett Boston College Law Review titled silent his perspective on the matter. and Snyder’s exploration of Rehnquist’s “Pregnancy as ‘Disability’ and the All of that is known. What is new in motivations in criticizing Jackson so severe- Amended Americans with Disabilities the Law Review article is Barrett and ly. As the authors explain, the remainder of Act.” The paper was based on a study Snyder’s enterprising construction of a the historical record indicates that, overall, by University of Dayton Law Profes- convincing case that Rehnquist indeed Rehnquist appeared to hold Jackson in sor Jeannette Cox, who contends that the ADA doesn’t do enough to supported Plessy. Their research centers high regard and fondly recalled his clerk- protect pregnant women from be- on a letter that Rehnquist wrote to Justice ship, as his frequent post-clerkship corre- ing fired or forced to perform labor Felix Frankfurter, with whom he had been spondence with Jackson and his heartfelt that could be harmful to mother or acquainted during his clerkship, in which condolence letter to Jackson’s widow dem- child. (See http://bclawreview.org/ he scathingly criticized Jackson’s tenure on onstrated. His views of the Supreme Court review/53_2/02_cox.) the Supreme Court. under Chief Justice Earl Warren, however, A paper on cheerleading as an NCAA sport, presented at BC Law’s Barrett and Snyder argue that this letter were far less charitable. In a number of NCAA Symposium in 2010 by Profes- to Frankfurter reflects Rehnquist’s deep speeches and articles, Rehnquist publically sor Erin Buzuvis of Western New Eng- disappointment with the Brown decision— criticized both the Warren court’s focus on land Law School, was praised as “ex- and with Jackson’s decision to side with individual rights and Brown in particular. cellent” in the April 23 edition of Time the unanimous majority—rather than any Taken together, Barrett and Snyder argue, magazine. (See http://www.bc.edu/ personal antipathy toward the justice for Rehnquist’s missing letter “reflects the content/dam/files/schools/law/bclaw- whom he clerked. Yet the authors faced beginning of Rehnquist’s personal Brown review/pdf/52_2/03_buzuvis.pdf.) a quandary when proving their article’s backlash more than it reflects dislike of premise: The letter itself had been the Justice Jackson.” product of a scandal after it was stolen “Rehnquist’s Missing Letter” has along with a number of Frankfurter’s other attracted a wide audience. Shortly before Constitutional Law, had received an email papers in the early 1970s. Although photo- publication this past March, Barrett and from Barrett, bringing “Rehnquist’s Miss- copies of several of the stolen the pieces Snyder contacted the Law Review’s editor- ing Letter” to his attention. As Greenfield were ultimately recovered, Rehnquist’s in-chief, Erin McGowan, and publications later explained, he felt so strongly that “law reviews ought to publish nontraditional pieces more regularly” that he contacted “Rehnquist’s Missing Letter” was in many McGowan and suggested that the Review give the article a second look. ways a nontraditional law review article, both in “In that time, the more we thought about the article, the more we realized it its style and its focus on primary historical sources was saying something valuable to the legal community and something compelling,” rather than the statutes and cases typically cited said Executive Articles Editor Dustin Dow. “We finally decided to extend the offer to support such articles. [of publication] because it was something different and because we all found it to letter, which the authors believe would manager John Gordon, in confidence, to be such a compelling story,” McGowan have been “a bombshell” at Rehnquist’s explain that a nationally well-known jour- added. Barrett and Snyder accepted the Supreme Court confirmation hearings, was nalist was reviewing the article and would offer, and the Review’s rigorous, months- never recovered. likely discuss it in a future column. Several long editing process began. With the crucial letter itself still missing, days later, Adam Liptak of the New York “Whatever we thought of the risks Barrett and Snyder turned to other avenues Times published the story, attracting the at the time,” Dow said, “I’m glad we to piece together their argument, relying on attention of other news outlets and schol- didn’t let that control our decision-making interviews and primary source materials ars alike. because clearly the benefits of publishing from Jackson and Frankfurter’s papers. In hindsight, the editors were grateful for this article grossly outweigh them.” The authors realized that long before the well-timed intervention of BC Law Pro- (See the Law Review article at http:// the disappearance of Rehnquist’s letter to fessor Kent Greenfield when, that fall, they bclawreview.org/review/53_2/05_snyder_ Frankfurter, Frankfurter had shown it to were still grappling with whether or not to barrett/.) two former clerks, who had strong reac- publish the article. Greenfield, who teaches —Katherine McAllister ’12

www.bc.edu/lawalumni 11 [ h o t t o pics ] Conversations with the Dean +

rougeau and pinderhughes discuss the impact of cultural understanding on the legal and social work professions. K ERR Y BUR E / B C M T S Color Still Matters

C Law Dean Vincent Rougeau Elaine Pinderhughes: How culture and white people still have their ethnic culture, and Elaine Pinderhughes, profes- diversity were viewed was very different but others, who have been in the country, B sor emerita of the BC Graduate back then. If you asked a white person, say, four or more generations, are less School of Social Work, sat down recently “What does it mean to be white?” they fundamentally connected to their ethnicity to discuss the evolution of diversity in their would say, “I don’t know, I never think of European origin. We also have become professional and personal lives. Here’s an of myself as white. I think about myself very aware of the complexities involved excerpt. Read or watch the full interview at as Italian, or Irish, or some ethnic group.” in understanding cultural backgrounds. http://www.bc.edu/hottopics. Today, race is everywhere. We talk about There is more readiness today to come to it a great deal, even more so now that we grips with it. They began by discussing how racial have an African American president. There Vincent Rougeau: The whole dynamic dynamics have changed since 1989 when is more clarity about what it has meant of white and black in the United States has Professor Pinderhughes published the sem- to be white and to be a person of color. done so much damage. My father’s family inal Understanding Race, Ethnicity, and People of color have been lumped together had strong ethnic identity as French-speak- Power: The Key to Efficacy in Clinical as not being white, when they actually ing Louisiana Creoles. They understood Practice. have very strong identity ethnically. Some their position as part of a broader black

12 BC Law magazine | spring / summer 2012 community, but that didn’t really explain service provider, you are in a privileged anything about their language, their reli- role—you have power—so you are doubly “The demographic change gion, their traditions. They were often in privileged in that encounter. That means we see in our country this tug-of-war between sharing a broader you have to think on two levels about what black identity, which had very important the privilege means. that so many people are aspects and implications for their lives, and Rougeau: Some law students will end being proud of their ethnic identity, which up only dealing with people of privilege reacting to with fear they felt they weren’t allowed to celebrate and it can become a real distortion in their to the same degree. When they did, it was lives. They leave a relatively privileged is a change loaded with often seen as trying to disengage from their home environment, to go to school in a black identity. It created confusion and relatively privileged environment, to enter possibility and hope. separation. into practice, say, with a large corporate Pinderhughes: I understand exactly law firm, where their clients are people If we could tap into that what you’re saying because my mother of privilege for the most part. But in the was from Louisiana. People from that best of cases, students have opportunities potential, we would background, who were also African Amer- during school to think about these ques- ican, often felt that they didn’t want to be tions and have experiences that are trans- be doing a great service African American because they wanted formative. I recall how a student working to honor their cultural heritage. And that in a neighborhood legal services clinic to everyone.” is totally not understood about a lot of was upset that his client was always late. people. I just came from a conference One day she missed an appointment and where one woman described herself as he hit the roof; he was trying to help her students would react with rage over what Taínos—a blend of native South American, and she wasn’t showing up. He did have they heard their classmates saying. That’s Spanish, and African—and she identified the presence of mind to sit down with her gotten better; students are more aware of as all three. “I am Puerto Rican,” she said, ask why. It turns out that she was about the different types of communities in our “and when I came to this country, I could to be evicted from her apartment. Every society. Just yesterday I was part of a panel not believe what confronted me. Here, time she had an opportunity to ride a bus at the Law School on the Trayvon Martin I’m a person of color; that is my designa- for the appointment, she collected rent case organized by the Black Law Students tion. They say we are Latinos, but we are money from friends and relatives along Association. The story about how the law not descendants of Spanish only, we are the way. When the student understood deals with cultural views of the “other” descendants of three different streams, and that maintaining a place to live is for some and the recognition that there is an “other” so this is very confusing for us, and very people the core focus of their day, his view never goes away. It was hard for many of oppressive.” changed. the white students in the audience to real- Rougeau: In order to fight discrimina- Pinderhughes: Social workers deal ize they made assumptions about Trayvon tion and segregation, we had to aggregate with people with those kinds of realities Martin that troubled them. It was interest- people of color to produce a political coali- all the time. Their behavior has meaning; it ing for me to tell the students how I, as an tion to get white people to see, at least in represents their effort to get along, to sur- African American man and the parent of the political sense, that there was a prob- vive. A fundamental thing in social work three African American boys, still, in 2012, lem that needed immediate attention. Now has been respecting the right of the client have to school them on their behavior in that some of the most basic problems have to determine his life. Often social workers public. That’s because of the fear all people been solved, and we start to celebrate these think they are helping the client to become of color have that someone will judge them other identities, will we fall into the trap independent when, in fact, they are label- purely on their look and perhaps do some- that some other nations have fallen into ing him, diagnosing him, telling him what thing lethal or fatal to them. That’s the that, “Well, we don’t have racial problems he needs rather than listening to what he worst case scenario, but getting students because we all celebrate our multiethnic says he needs and giving him information to recognize that people live in these reali- pasts”? Indeed, when you look closer, you to help him solve his problem. We work ties that affect how they view the law or see that racial problems remain, and color very hard not to do for people, or do to how the law deals with them is incredibly does still matter. people, but to do with them. important. Pinderhughes: I see lawyers as trained How can privilege interfere with effective How else do issues of race, ethnicity, pow- to be adversarial and to win. When I’m professional practice? er, and privilege play out in legal education in trouble, I want a lawyer who can do Pinderhughes: People with privilege and practice? that. But I believe that if you’re taught to often don’t know its true significance. Rougeau: Issues of race and power and be adversarial, when it comes to listen- They might not understand what privilege privilege are everywhere in educational set- ing to the other person, empathizing with means to those over whom they have privi- tings. They can be a source of great stress the other person, trying to see what their lege because privilege tends to segregate and turmoil as well as great opportunities experience has meant to them, it’s very itself; in interaction there can be pain, guilt, for learning. I recall that from my own hard to do when you’ve been trained to be fear. It’s not just white people who are law school experience in, say, a criminal adversarial. privileged; African Americans have privi- law class about race. Assumptions would Rougeau: The adversarial nature of the lege in some ways. If you are a professional suddenly become obvious and sometimes (continued on page 63)

www.bc.edu/lawalumni 13 Poised to represent reputed mob boss James “Whitey” Bulger, Jay Carney ’78 exhibits a passion for justice so palpable that his transcendent career as a criminal defense attorney seems preordained. But the inimitable style that has vexed prosecutors, roiled the public, and inspired juries for thirty-five years is shaped as much by indulgence in his enthusiasms beyond the courtroom as it is by pure ideal. 14 BC Law magazine | spring / summer 2012 J J

mark ostow ounting Mounting Defense a Killer

forthcoming line-item contains an evidentiary epiphany. forthcoming line-itemcontains anevidentiary epiphany. v. JamesJ.Bulger ), anyreasonable expectation wouldbethatthe given thetiming(the firmisinthediscoveryphaseof UnitedStates law officesofCarney &Bassilaboveoston’sPark laza) and page, single-spacedtome.Giventhesetting(thefourteenth-floor old NewBedfordnative. stopping, thenscrollingagainthrough anarchivaldocument. glasses andscansthemonitorwith single-minded resolve,scrolling, impromptu quest.Helevelsthenosebridgeofhiswide-rimmed to facehismodestcomputerworkspaceandembarkuponan J. W.CarneyJr.swivelscrisplyfromhisunadornedofficedesk By ChadKonecky The searchtakeshimtoaplacenear thebeginningof126- “Check thisout—thisisunbelievable,” murmursthesixty-year- special report on criminal defense oncriminal report special www .bc.edu/lawalumni 15 teller. Part barrister, part bard. In the course of a lengthy sit-down (an interview originally granted with a ninety-minute cap), he shares a panoramic portrait. A procession of personal pearls that offer insight into the advocate. And as quickly as Carney draws you in, he ensorcels you with wisecracks. During a photo shoot in his office for this article, he seamlessly complies when the photographer interrupts him mid- anecdote with a request to ‘Hold that position, let me check my exposure,’ by pouncing with a deadpan worthy of Art Carney: “It’s a rare occasion when that word is not preceded by indecent. At least in my business.” Somehow, whether he’s confessing his Saturday-night bridge And in a way, that’s true. obsession, applauding his father-in-law’s edits to the Passover Carney has, moments earlier, concluded a brief soliloquy about Haggadah, or reliving his 1982 marriage proposal to his wife, music’s evolution from disco into punk rock from 1976 to 1979. Joy Rosen, during a Celtics-Sixers playoff game, Carney is subtly Before that, he nearly lost a cufflink brandishing his new Allman commenting on the human condition. And without question, it is Brothers’ CD like a bagged and tagged murder weapon. But the his preoccupation with and grasp of what makes people tick that document on his computer now holds his full attention. It cata- has so often made him a winner in the nearly 200 jury trials he’s logues the end of the “As” and the start of the “Bs” correspond- litigated. ing to the 7,000-plus alphabetically arranged artists whose music he owns. Carney walks his visitor through his coding lexicon for vinyl, box sets, and various other annotations. Fried Egg Sandwiches In this instant, Carney is electric. His eyes sweep across his Ask him how well he relates to the two of his three brothers who Aoffice. His Hemingway beard frames plump lips that pump out are union members and Carney delights in delivering the news words in clipped, commanding phrases. that as a Teamster, he feels “great solidarity with my union broth- “Look at this, the Au Pairs, a great New Wave band,” he says. ers.” As a 1L at Boston College Law School, Carney worked the “They’re on the list right next to Gene Autry. My collection is third shift loading tractor trailer trucks in Cambridge with boxed, limited to ‘The Essential Gene Autry’ and, believe me, my opinion seventy-five-pound transmission assemblies. He held down the versus the record company’s opinion of what is the essential Gene same gig in Worcester as a Holy Cross undergrad and can still Autry, well, let’s just say we disagree.” produce his Teamsters Honorable Withdrawal Card, which, he This is Jay Carney. giddily confirms, would allow him to rejoin his local without pay- Charming. Funky. Playfully irreverent. A guy moved by a great ing a re-initiation fee. deal more than the criminal justice system. It is precisely this diver- These days, Carney is a self-confessed gourmand. But he still sity of engagement that supplies the former Teamster with the will relishes the memory of fried egg sandwiches from the canteen and ability to embody one of the nation’s best defense attorneys. truck during 3 a.m. breaks on the loading dock. He has represented scores of ordinary citizens and a substan- “It was pretty funny because a lot of the guys didn’t believe I tial collection of high-profile clients. Some more notorious than was a law student,” he recalls. “They’d say in the morning, ‘Let’s others. Brookline abortion clinic shooter John Salvi in 1996. go for a beer and steak, or go bowling.’ I’d say, ‘I can’t. I’ve got an Jilted physician and hospital handgun killer James Kartell in 2000. 8 a.m. Constitutional Law class.’ They didn’t buy it.” Faith-healing sect members David and Rebecca Corneau in 2002. Carney’s authenticity as working class is elemental. It’s where he’s from. His parents never took a bona fide vacation. His father worked for the telephone company for decades, and the THE CLOSER Carney’s strongest suit is closing nameplate (J. W. Carney) from his dad’s desk remains on display in the son’s Bos- argument. It’s innate. For starters, he is the ton office. A childhood weekend back in New Bedford would often consist of Jim world heavyweight champion of the pregnant Carney driving to Horseneck Beach and pause. His halt for effect commands more unloading the family, then settling into the car’s bench seats to tackle the New York attention than the silence after a gun cocks. Times crossword puzzle, tune the radio to the Red Sox broadcast, and smoke a cigar. But Jay Carney felt an early calling to the law. Two teenage reminiscences illus- Sudbury pharmacy college graduate Tarek Mehanna, convicted trate as much. First, his loyal viewership of television’s edgy 1960s this past December of providing material support to terrorists. legal drama The Defenders, starring E. G. Marshall and Robert And now Bulger, a mobster whose sixteen-year odyssey on the Reed, helped awaken his longstanding apprehension about govern- lam ended ignominiously outside his modest Santa Monica apartment’s potential overreach of power in its oversight of citizens. By ment in June 2011. the time he was a sophomore at Framingham’s Marian High, his Not surprisingly, Carney is a master of messaging with the eyes were even more locked in on the prize. media. He is, nonetheless, affable and frank. A bewitching story- “A teacher asked what we wanted to be when we grew up,”

16 BC Law magazine | spring / summer 2012 up at a crowded restaurant and perform a character sketch for his table guests. It’s a disposition his family members call “unique,” “multi- faceted,” and “larger than life.” It’s an attribute his professional peers consider lethal. Just ask Elizabeth Mooney, staff attorney for the Criminal Defense Training Unit at the Committee for Public Counsel Ser- vices. Formerly with Massachusetts Continuing Legal Education, Mooney co-chaired conferences with Carney throughout her five- year tenure at MCLE. “In one criminal law conference, we had a presenter who was unable to attend,” recalls Mooney. “With 90 minutes prep and while co-chairing the program, Jay put together a cross-exam of an expert that was just a work of art. It was incredible. Frankly, I live in absolute awe of Jay and have the utmost respect for him and what he does.”

Double-edged Sage Almost thirty years after leaving his job as a public defender for what is now the Committee for Public Counsel Services, Carney is downright nostalgic about the half decade he spent representing indigent criminal defendants and juveniles in major felony cases from 1978 to 1983. His clients were bountiful (“they were waiting for you at the courthouse every day”), his colleagues were talented (“they practiced at a very, very high level”), and the ecosystem was offbeat (“being a public defender in an urban environment takes a certain personality … we all had quirks in spades”). As a lawyer with the Massachusetts Defenders Committee, Carney litigated thirty-nine jury trials in Superior Court, handling cases through the appellate process, including six in the Appeals Carney felt an early calling to the Court, the Supreme Judicial Court, and the First Circuit Court of law and knew he wanted to be a Appeals. His work on Commonwealth v. A Juvenile, 389 Mass.

criminal defense lawyer. “My parents m a r k os t o w 128 (1983) helped extend greater Miranda protections to minors. had a strong feeling for the under- “It was the perfect setting to start out my career,” he says. dog. It was very important to them that everyone was treated fairly and Right around the time UK synthpop sensation Dépêche Mode the same,” he says. released its third album—one of eight by the group which he owns—Carney joined the Middlesex County District Attorney’s Office as an ADA reporting to Scott Harshbarger in 1983. As a senior trial attorney representing the Commonwealth, he litigated twenty-nine jury trials in major felony prosecutions in Superior says Carney. “This was the 1960s. Most of the guys said either Court, arguing six cases in the Appeals Court and the Supreme airline pilot or Major League Baseball player. Most of the girls said Judicial Court. Carney, for whom teaching and mentoring fellow either stewardess or married to a Major League Baseball player. I lawyers remains a priority, also spent eighteen months of his five- said I wanted to be a criminal defense attorney. I was that specific.” year stint as the office’s Director of Trial Attorney Training. Even then, Carney was tapped into his cheeky, countercultural A quarter-century later, he distills his prosecutorial career into side. How else to explain the events of the night before the Car- a single sentence: “I don’t think I would do my current job as ney-led Mustangs won the state high school debate championship effectively without having been a prosecutor.” in Western Massachusetts? Like a method actor, Carney effortlessly glides from one ambi- Ignoring the team’s 9 p.m. curfew, Carney persuaded his mates ence to another. Seconds after whimsically paying homage to to duck out of the hotel in Northampton where they were staying Harshbarger’s inspirational, Knute Rockne-esque style at staff to watch a movie he promised would change their lives: Easy Rider. meetings, he soberly replies to a question about how he, a former “We snuck out to watch a late show,” he explains. “We fig- prosecutor, coexists with the modern version of government law- ured no one would be the wiser. Well, they did a bed check and yers. He sometimes feels a disconnect. noticed we were missing. The police were called. The hotel staff “There are many cases in the federal court where it seems to me was searching. The teacher/chaperon told me I’d be lucky to be the prosecutors are trying to be a steamroller over someone,” he merely suspended. We went undefeated and won it all the next says. “And it’s so excessive that it’s appalling, and it’s our govern- day. Of course, we never heard a thing about the movie.” ment doing it. Four decades later, Carney still thrives on being predictably “I am an extremely zealous advocate in the courtroom,” he unpredictable. He’s sentimental enough to send his mother an continues. “I challenge prosecutors at every turn. Nonetheless, at artsy note card several days a week, yet he’s got the camp to stand the end of the day, I’m usually able to maintain a very good rela-

www.bc.edu/lawalumni 17 tionship with opposing counsel.” Family First Going along to get along may be harder, but Carney still True story: Carney once showed up in court wearing a tie so gar- threads that needle. ish that the disapproving judge called him over for a sidebar after “When you’re a criminal trial lawyer—prosecutor or defense— the proceedings concluded. you’re buying into the adversarial system,” says BC Law Professor “It was hideously neon neckwear,” admits Carney. “The Robert Bloom ’71, a criminal procedure expert and author of the judge gives me a gruff, ‘What’s with the tie?’ I told him the truth. book Ratting: The Use and Abuse of Informants in the American My son made this tie in daycare, I promised him I’d wear it, and Criminal Justice System. “That’s what makes Jay Carney such a today’s the day.” professional and so well-respected among his peers: He’s inter- The candor transformed the countenance of the bench. Loudly ested in being an effective advocate.” imploring Carney to tell his son that he was impressed with his artistic creativity, the smiling judge sent him on his way. Never one to miss a setup from a straight man, Carney dropped his eyes Keeping It Real to the tie on his way out and whispered to the dumbfounded pros- Carney’s strongest suit is closing argument. It’s innate. For start- ecutor, “$175 on Newbury Street.” The prosecutor’s jaw dropped ers, he is the world heavyweight champion of the pregnant pause. but Carney winked and said, “Just kidding.” His halt for effect commands more attention than the silence after Carney needs no prompting to gush about his wife, his son and a gun cocks. daughter, or his extended family. One gets the sense he feels like Carney’s aim to humanize defendants—a process that begins anything nice anyone might say about him is the result of how he with asking new clients to pen a personal profile and a history of was brought up. what brought them to him—is the fabric of every defense. That “My parents had a strong feeling for the underdog,” he says. said, he agrees that the potential rewards of improvisation and “It was very important to them that everyone was treated fairly adaptation during closing arguments make the task a cousin of and the same. My father was a man of such unparalleled integrity sketch comedy. He says that perhaps a quarter of his closing in last that it was embarrassing sometimes. I remember driving back to December’s Mehanna trial (“probably the best closing I ever gave the supermarket because we’d been given fifteen cents too much in in my life”) was extemporaneous. change. He was someone for whom doing the right thing was the “I find my closing argument style tries to put various argu- most important thing in his life.” ments in categories,” says Carney. “I pause between sections so But for the Great Depression, Carney might have inherited his people can better understand it. You can’t just talk at people. I’ll legal practice from his dad. Jim Carney attended Harvard Law for move around the courtroom so jurors have to watch me and the one year, but dropped out to help support the family, returning to blood flows a little bit and they stay awake. Fall River to sell apples on the street corner. He never went back “I’ll spend twenty seconds talking to one person,” he adds. to law school. “And I’ll make that portion of the argument as if ‘I’m just talking “I’ve always thought about the fact that my father died when I to you.’ What I’m trying to do is implant that particular argument was a very young lawyer,” says Carney, pausing not for effect but in that particular juror, so that when they deliberate, hopefully, because his throat is thick with emotion. “I think about how much they’ll bring that one to the table.” I miss not being able to chat with him about my work.” As for his own children, Carney’s daughter, Julia, twenty-six, is Program Director of Global Psychiatry at Massachusetts Gen- KILLER INSTINCT His preoccupation with eral Hospital. His son, twenty-three-year-old Nat, is a senior at Tulane University and is and grasp of what makes people tick has interning at the local public defender’s office (where he has not yet disclosed his father’s so often made Carney a winner in the nearly occupation). 200 jury trials he’s litigated. Of course, a prime-time private practice doesn’t always dovetail neatly into a tight- knit family life. Carney and law partner Janice Bassil labored through fourteen-hour The jury convicted Mehanna. He was sentenced in April to days six or seven days a week in the months leading up to the seventeen-and-a-half years and the case is on appeal. But that’s no Mehanna trial. In fact, Carney logged his longest workday ever referendum on the effectiveness of Carney’s technique. in a twenty-four-hour period during the trial, toiling for twenty- “Closing argument is a reflection of how comfortable you are two-and-a-half straight at one point. Even so, some of the same in the courtroom,” says Thomas Drechsler ’78, a partner at Byrne qualities that make him a sought-after defense counsel enable him & Drechsler and Carney’s mock trial partner as a third-year law to inject enough balance into his home life. student. “Jay has that. The more naturally you portray your per- “Jay devotes a tremendous amount of time to his practice,” sonality, the more persuasive you are. We’re trial lawyers. It’s a says Rosen, Carney’s wife of thirty years and Vice President of hard thing to do and he does it really, really well.” Psychiatry and Community Health Initiatives at Mass General. “He has a genuine, soft side to him that is impossible to miss,” “He’s not the kind of dad who would be home at six o’clock for echoes Carney’s sister, Nancy Cahill, a pediatric nurse in Metro dinner. He’s the kind of person who always shows up if you need Boston. “That’s what I think makes him so appealing to people in him. Jay is true to his sense of humor, and that’s what has always the courtroom. He doesn’t have to be overly theatrical or pound made our marriage work and makes his relationships with every- his fist. People just listen to him.” body work so well.

18 BC Law magazine | spring / summer 2012 “He’s someone who is just as happy hanging out with the person cleaning up the courthouse as he is hanging out with the judge,” she continues. “It’s a wonderful, genuine quality. He’s a very regular guy. And when he’s talking to you, you’re the most important person in the room.” The subtext suggests that Carney’s successful merger of home and work life is more about how utterly accessible he is than how physically present he is. When a void opens up, Carney fills it. “Jay has tremendous loyalty,” says Janice Bassil, Carney’s law partner of twenty-three years, who met him when the two were first-year public defenders with the MDC. “One of the reasons we’ve been partners for so long is that I know I can count on Jay. In a pinch, he’s my first call.” “He puts family first,” adds his sister Nancy Cahill. “If you need him, he will take time out in the middle of something huge. In the middle of anything. He thinks about family the way I think about family. And he never has an unkind word to say about anyone. I’ve grown closer to him as I’ve gotten older, and I’ve appreciated more the man and the person he is.”

Defending Jim Attorney Carney steadfastly refuses to call his latest high-profile client “Whitey,” and he corrects anyone within earshot who does. “It’s Jim,” he notes politely, but firmly. Carney is renowned for his savvy at tiptoeing over the “third For the back-to-back cases of reput- rail” that the news media can become for attorneys representing ed mob boss James Bulger, above, and famous criminal defendants. He’s conducted continuing education terror suspect Tarek Mehanna, Carney has had to wade through hundreds programs on the subject and has formalized his own ten rules for of thousands of items of discovery. dealing with the media. “We are up to the challenge,” he says. “Over time in private practice, I learned to be much more care- ful about what I said,” explains Carney. “The expression is trial and error. For me, it was predominantly error.” The Mehanna trial is a well-paired primi to the Bulger secondi. For US v. Mehanna, Carney & Bassil received 650,000 items of discovery from the government, including seven hard drives worth of discovery, in the weeks immediately preceding the trial. The case is highly nuanced, especially as it relates to matters of protected free speech, but the Bulger defense presents an equally tangled web. What makes the Bulger case unusual in Carney’s view is that two of the leading witnesses have either written or been the subject of a book (Kevin Weeks, author of Brutal, and John Martorano, subject of Hitman), and both have been interviewed numerous times. What’s more, there have been a number of trials related to Bulger. The volume of material the government has provided is enormous. “We are up to the challenge,” says Carney. “We will put eye- balls on every document and read every transcript and read every book and interview every witness. We will do that and when we’re done, we’re ready for trial. Until then, I’m not going to be pushed around by a prosecutor’s office that has had this case together for sixteen years and expects me to pick a trial date after I’ve had it for [a few] months.” So, how does a firm with nine criminal litigators avoid being overrun during discovery? “I’ve learned from the best: Janice Bassil,” says Carney. “She is unparalleled in case preparation and organizing things you’re going to need at trial. We could not have done [the Mehanna case] without her and that’s part of the strength of our firm: We’re

A P Ph o t o/ B izu ay e h u Tes fay (bo tt om), U . S Ma rs ha ls er v i c e, File ( op) able to help each other, rely on each other, laugh when something

www.bc.edu/lawalumni 19 funny happens, and cry when we’re devastated at an unfortunate outcome. “Like all matches made in heaven, we, of course, have occa- sional disagreements,” he continues. “But I’m in awe of her legal ability, her advocacy skills, and her commitment to clients. She’s inspirational to me. There’s no question she’s made me a better lawyer.” For Bassil, the feeling is mutual. “Jay has an amazing strategic mind,” she says. “I think he’s so special in that regard, and you wouldn’t know that without having been in the trenches with him. He’s always calculating all the angles. “We have very different styles and we rarely try cases together because we come close to blows,” Bassil confirms, mostly tongue-in-cheek. “But we do produce together probably the best work we’ve ever done.” Carney is dependably guarded when asked about his client, Jim, but he does offer tidbits consistent with his overarching philosophy to humanize the defendant. “I find him to be very intelligent,” volunteers Carney. “Incred- ibly well read, too. He understands and appreciates the life he’s led. He’s not unrealistic about the future. Telling the truth is very important to him and, to date, the truth has not been told.” Though he does not elaborate with a sneak preview, Carney does share a moment of levity. He found a measure of amuse- ment in an official, embossed invitation Bulger received at the Plymouth County Correctional Facility, where he is currently incarcerated, from the US Department of Interior for a reunion of former inmates, guards, and administrators who spent time at Alcatraz (Bulger was imprisoned there from 1959 to 1963). Inside, the invitation read, “Your participation is essential to the success of this special event.” While the foundation of Carney’s professional reputation may be built on brilliant strategic thinking, he believes his BC education was the catalyst for his success. “I know that my legal career was very much influenced by my 6 professors and courses at BC Law,” he says. “The whole ethos of the place is: Doing good and being a very good lawyer are not mutually exclusive.” Carney has lived that duality. His teaching experience fills six pages of his CV. He is a contributing author to Massachusetts Criminal Practice and he edited Massachusetts Evidence: A Courtroom Reference. A past president of the BC Law Alumni Association, he served eleven years on the board of directors for Boston’s Women’s Lunch Place (a homeless shelter), he is a three- time appointee over two decades to the state’s Judicial Nominat- ing Commission, and he remains a trustee on the MCLE board. Ancillary service aside, it’s fair to say that Carney is also a do- gooder within the legal profession. “Jay has shown a willingness to take on not only difficult, but also hopeless causes,” says Drechsler. “Some people shy away from certain cases, causes, and clients. You have to respect attorneys who feel the difficult ones are part of the profession. No matter what people’s opinions about his clients, I’ll bet anyone who’s worked with or against Jay would agree he is an extremely hardworking, talented, and dedicated advocate. Anyone would agree with that bottom line.”

Chad Konecky is a contributing writer to this magazine. His last article for BC Law Magazine was “Tankful of Trouble” in the Fall/Winter 2011 issue.

20 BC Law magazine | spring / summer 2012 Date: 1996 Decision: The case was appealed to Defendant: John C. Salvi III the Supreme Judicial Court. The Attleboro Details: Salvi shot two women and couple was ultimately freed after spend- wounded five other people during his ing nearly six months behind bars, an 1994 attack on Planned Parenthood and outcome aided by Carney’s deft handling Preterm Health Services clinics in the Bos- of the case, including the invocation of ton suburb of Brookline. He was arrested self-incrimination protections. The Cor- the next day in Norfolk, Virginia, after he neaus were members of the same sect as began shooting at an abortion clinic there. Jacques Robidoux, who was convicted of Decision: Despite attempts by Carney starving his eleven-month-old son Samuel and co-counsel Janice Bassil to prove him to death to fulfill a religious prophecy. not guilty by reason of insanity, a jury con- Robidoux was sentenced to life in prison victed Salvi, then twenty-four, of all charg- in 2002. After some delay, David Corneau es against him in 1996: two counts of first- led authorities to Samuel’s body. Corneau degree murder and five counts of armed received immunity in exchange for his SENSATIONAL SIX assault with intent to murder. Sentenced testimony against Robidoux. Jay Carney has served as lead to consecutive life terms in the spring of counsel or as part of a defense 1996, Salvi committed suicide in his prison Date: 2011 team for a broad cross-section cell that fall. In 1997, his convictions were Defendant: Tarek Mehanna of high-profile defendants in his overturned on a legal technicality; Judge Details: An American citizen of Egyp- career. Below are a half-dozen Barbara Dortch-Okara ’74, who sentenced tian descent, Mehanna was charged with of the most publicized cases on Salvi, voided the convictions because Salvi conspiracy to provide material support to died before his appeal could be heard. terrorists, conspiracy to kill in a foreign which he’s worked. country, and two counts of lying to fed- Date: 2000 eral investigators. A twenty-nine-year-old Defendant: James Kartell pharmacy college graduate from Sudbury, Details: The defendant, an Andover Mehanna contends he was expressing his physician, and Janos Vajda engaged in a own views in opposition to US foreign violent confrontation at Methuen’s Holy policy, particularly to the wars in Iraq and Date: 1990 Family Hospital where Susan Kamm, the Afghanistan, an activity Carney and co- Defendant: Damian Bynoe defendant’s estranged wife, was being counsel Janice Bassil argue was protected Details: Damian, a fifteen-year-old ju- treated for pneumonia. The two men by the First Amendment. venile, had a pistol when he and two fought over who should leave first. Kartell Decision: In a trial that lasted more unarmed friends went to another Boston shot Vajda, who was dating Kamm, in the than two months and included thirty-one neighborhood to settle a dispute. A me- stomach, and then, according to witness days of testimony, the jury deliberated for lee resulted, and Damian shot two boys, testimony, execution-style in the head. a total of about ten hours before return- 6ages eleven and fifteen, who were sitting Decision: Kartell was charged with ing a guilty verdict on all counts. Mehanna uninvolved on a nearby stoop. They both first-degree murder. The jury deliberated was sentenced to seventeen-and-a-half died at the scene. They were the youngest five days before returning a verdict of vol- years in federal prison. The verdict is on victims of gang violence in Boston history. untary manslaughter. He appealed three appeal. Decision: A hearing was held to deter- times and ultimately served eight years mine if Damian and the other two boys, before his release in 2007. Kartell’s request Date: 2012 who were represented by different coun- for reinstatement of his medical license Defendant: James J. Bulger sel, should be kept in the Juvenile Court was denied by the New Hampshire Board Details: A reputed mob boss and the sub- because they could be rehabilitated, or be of Medicine in 2009. ject of a sixteen-year manhunt by the FBI, transferred to the Superior Court, where Bulger, now eighty-two, was arrested last they would face life imprisonment if con- Date: 2002 summer in California. At his arraignment victed. Carney presented evidence from Defendants: David and Rebecca Corneau in July on a thirty-two-count indictment, thirty-three witnesses, including experts, Details: Two members of a religious sect including racketeering and nineteen mur- and Damian was kept in the Juvenile that rejects modern medicine were jailed der counts, Bulger pleads not guilty. Court; his two friends were transferred for contempt after refusing to reveal the Decision: The case is in the discovery to the Superior Court for trial as adults. whereabouts of a baby they said was still- phase. Carney got the Bulger case in the A public outcry led to Governor William born. The fundamentalist group advocates same manner he’s received some past Weld enacting a change in the law so that faith healing and first came under scrutiny high-profile defendants, by being certi- all juveniles charged with murder now in 1999 after two children—including an- fied, by the federal judges, for appoint- go to the Superior Court. Damian was other newborn son of the Corneaus—were ment to represent defendants who have released from juvenile prison when he found buried in a state park in Maine. The been found indigent. In state court, at- turned twenty-one. Corneaus were not charged in that boy’s torneys who wish to be certified for first- death, but in the contempt case, the Juve- degree murder cases must be individually Top to bottom, Carney leaving a Salem nile Court judge was unconvinced Rebecca approved by the Chief Counsel of the courthouse with accused killer Dr. James P. Kartell Corneau miscarried her latest pregnancy. Committee for Public Counsel Services. in 2000; during jury selection with abortion State child care officials suspected the —Compiled by Chad Konecky clinic shooter John C. Salvi in 1996; and with Corneaus, who lost custody of their four Mehanna’s parents, Souad and Ahmed, in 2009, children in 1999, were hiding a healthy

A P Ph o t o/ M i cha el D wy er (bo tt om), Na n cy La ne, ool ( c en er), o/T h e Ea gle-Tribune, Ma r McG ee ha op) following a hearing on their son’s alleged terrorist newborn. activities.

www.bc.edu/lawalumni 21 I 22 BC Lawm agzine | the Defending representing infamousclients. there istheHades-like infernoof kitchen incriminal triallaw,then there istheworkaday heatofthe life imitatingart,it’struethat Darkness. Andinaclearcaseof doubling astheactualPrinceof which hasPacino’scharacter focus. Othersfold.Canyousummonyourtalent atwill?” changes everything.Somefolks,yousqueeze’em,they schools aprospectivecriminaldefenseassociate:“Pressure senior lawpartner,shinesbrightestinascenewherehe winner AlPacino,playingasilk-suit-and-rada-boot-clad In the1997filmTheDevil’sAdvocate,AcademyAward- By ChadKonecky There’s no small measure of irony to the movie’s script, There’s nosmallmeasureofironyto themovie’sscript, special report on criminal defense oncriminal report special spring/ summer2012 U nsavory new reality to the ritual. new reality totheritual. media areintroducing a as Cicero,butelectronic The dynamicisasancient clients theyrepresent. as ruthlesslyarethe accused canbevilified attorneys defendingthe criminal defendants, As counseltohigh-profile

AP Photo Theodore Bundy sits in a Miami court next to one of his defense attorneys, Margaret Good, during his 1979 trial for the murder of two young women in Tallahassee. He later confessed to thirty homicides in seven states. The oath of admission to every bar in the country includes a pledge to “support the Constitution of the United States.” For defense attorneys intent on fulfilling that vow, their responsibility and chosen obligation is to represent people accused of crime, regardless of how serious the offense and regardless what the reputation of the accused might be. “I do not represent the conduct of those accused of crimes,” says Elliot M. Weinstein ’74, a sole practitioner in Boston con- centrating in criminal defense in federal and state courts. “I repre- Just ask Craig Sonner, one of multiple attorneys who have sent the individual and I represent that individual on behalf of all represented George Zimmerman in the February death of people whose liberty might be at risk.” Florida’s Trayvon Martin, who was walking inside a gated com- Indeed, the notion of “innocent until proven guilty” is a bed- munity when he was shot. rock American value. But when the accused is associated with a Moments before sitting down for a scheduled live interview sensational crime, the principle of due process often takes a back with MSNBC this spring, Sonner bolted from the studio for the seat to calls for swift justice in the court of public opinion accom- safety of a network limo, apparently reconsidering his readiness panied by character assassination of defendant and defender alike. for Q&A via satellite. No one has suggested Sonner, who has “A criminal defense lawyer has to have thick enough skin to since been replaced, is the second coming of Clarence Darrow. represent people who are unpopular,” says Thomas Drechsler But even a guy who passed the bar eleven years ago, once served ’78, a partner at Byrne & Drechsler in Boston, who has success- as a prosecutor in the State Attorney’s Office and now, according fully tried hundreds of civil and criminal jury matters in state and to his website, “devotes 100 percent of his practice to criminal federal court. “When you’re unpopular is sometimes when you defense,” well, even a guy like that can be victimized by a little need a lawyer the most.” performance anxiety when representing the latest Public Enemy JNo. 1. And in the age of electronic media, fueled by the booster- The new media wild card rocket ecosystem of social networking, “performance” for a trial Some portion of the disdain for criminal defense attorneys can lawyer doesn’t just take place inside a courtroom anymore. be attributed to procedural sequence. Everything that happens Nationwide, more than 97 percent of all criminal cases are early on in a criminal case is essentially a show orchestrated by resolved either through a plea agreement or outright dismissal. the government. The grand jury is secret, which is followed by an Less than 3 percent of criminal cases ever make it to a jury— indictment and an arraignment. A highly public linear progres- many of them involving defendants alleged to have perpetrated sion. Typically, the defendant’s only role to that point is to stand the most egregious misdeeds or committed the most heinous acts. and say, “Not guilty,” and most often, the defendant’s story isn’t So when the charges against the accused are beyond contempt, told until trial. what is the corresponding impact on the process or the person “Very early on in a criminal case, [the public is] hearing a very engaged to defend them? one-sided presentation of the facts,” confirms Boston College “Whenever you have a high-publicity case, it makes it some- Law professor R. Michael Cassidy, who served as chief of the what more difficult than the normal criminal case,” says BC Law Criminal Bureau in the Massachusetts Attorney General’s Office Professor Robert Bloom, a criminal procedure expert. “It’s kind under Scott Harshbarger. of like a brain surgeon working on a high-profile individual. Without question, modern media have augmented the game. Normally, you don’t hear about the work that surgeon does, but With the narrative arc of a major news story shrinking from when they’re working on a high-profile patient, it makes it more several days just fifteen years ago to several hours in the present intense and everyone’s more cognizant of what’s going on. It does day, the consequences within the criminal justice system can be add a whole different layer to your representation that you don’t substantive. Particularly for the defense. learn in law school.” “A defense attorney’s job is to get the public and by extension That layer can get mighty personal, too. When Boston-based the jury that’s going to decide the case to separate the crime from attorney Jay Carney ’78, who is pro choice, accepted abortion the criminal,” says Cassidy. “Even if the crime occurred doesn’t clinic shooter John C. Salvi as a client, his likeminded family and mean that this defendant did it, or if he did do it, he may have an friends were “horrified,” he says. Stephen Paul Maidman, the excuse, such as insanity or self-defense.” attorney for convicted wife and daughter murderer Neil Entwis- Seattle-based attorney John Henry Browne represented 1970s tle, recently argued before the state Supreme Judicial Court that serial killer Ted Bundy and is now heading the defense of Army his client should be given a new trial because police entered and Staff Sgt. Robert Bales, who faces seventeen murder counts in searched the family’s Hopkinton home twice in two days unlaw- the March slaying of Afghan civilians. Even before the military fully without warrants. disclosed Bales as its lone suspect, Browne spoke about his client “He was totally vilified for that appeal,” says Dan Kennedy, in general terms at a news conference and appeared to lay the an assistant professor at Northeastern’s School of Journalism groundwork of an insanity defense. who teaches a Media Law class. “It just seems to me that if the Attorney Carney is known not only for his skill as an advo- police are supposed to get a second search warrant and didn’t, cate, but also for his expertise at wrangling the media while that’s a fairly important protection for all of us, not just Neil building and sustaining media messaging on behalf of his client. Entwistle. It’s just really misguided to vilify his attorney over that. A defense counsel’s skill at humanizing a defendant can be a criti- But that’s the system we live in.” cal component of any criminal case that ends in a jury trial. A job

24 BC Law magazine | spring / summer 2012 made more crucial by the modern media dynamic. interest of serving the case, we want the best defense counsel pos- “The premise of our jury selection model is if a particular jury sible,” says Stephanie Glennon, a special assistant district attor- pool is saturated with people who have been exposed to extra- ney for Norfolk County. “I don’t know anybody who doesn’t judicial facts about the case and may have formed an opinion, believe very strongly that defendants ought to have the best pos- the move of last resort is to change venues and get a jury from sible defense in these cases. Next to the defendant, who else has a neighboring county or district,” says BC’s Cassidy. “But that the most vested interest in seeing to it that the defense provides isn’t done very often, and even in the rare cases where it’s con- constitutionally effective assistance of counsel? The prosecutor. templated, it doesn’t make a lot of sense because there’s no such Because we want to preserve the verdict.” thing as a regional story anymore. What does that mean in an age of electronic media? People get their news from so many different sources now. If a judge thinks that somebody can’t get a fair jury Bad blood in location ‘X,’ what makes them think they can get a fair jury in It’s worth noting that new media are also having an impact on location “Y’?” general jurisprudence, even in a post-verdict context. “In today’s higher profile cases, the jury comes to the court- “I’ve seen jurors in my cases go online and start talking about room having heard so much about the case that they probably the internal deliberative process after the case,” says Glennon. “I expect the defense counsel to tell them they shouldn’t believe never would have anticipated that kind of thing. I don’t think that everything they read in the paper,” agrees Carney, who will soon respects the process. People seem to think everything is shareable defend accused Boston multi-murderer James J. Bulger in federal once the verdict’s in.” court. “I told one of my colleagues that I think I’m going to have to What’s more, the same pre-trial pressure that criminal defense go to the international space station to get a jury for Jim Bulger.” attorneys may feel with respect to media messaging can squeeze While some remain unconvinced new media have changed the prosecutors in an equal and opposite capacity. The one-sided jury pool or its level of awareness, it’s inarguable that the public’s portrayal of a criminal case’s details early on in a proceeding can exposure to pre-trial extrajudicial facts is several orders of magni- elevate expectations for a rapid verdict and miscast the case as tude greater than the level of exposure during the era of the O. J. a slam-dunk conviction. The public manner in which proceedings play out can also magnify irregularities or unanticipated turns in the case. ’ Recent high-profile instances Its inarguable that the public’s exposure of discovery errors by now-dis- to pre-trial extrajudicial facts today is several orders barred District Attorney Mike Nifong in the Duke University of magnitude greater than the level of exposure lacrosse case or by the Depart- ment of Justice in the corruption during the era of the O. J. Simpson trial. trial of former Alaska senator Ted Stevens are prime examples of headlines playing a role in Simpson trial, for example. Since the Simpson verdict, cable dereg- shaping the trajectory and fallout of a criminal legal action. And ulation and the rise of cable news networks along with the birth the associated hype has perhaps created greater professional of streaming video, smart phone and tablet technology as well as and personal tensions between prosecutors and members of the social media forums have substantively altered the playing field. defense bar. So much so that even defendants less made-for-TV than Bulger “It’s a different business and it’s so regrettable,” says Carney. are subject to the phenomenon. “[Years ago], we got along so well. Now, the camaraderie of “Certainly, we’ve evolved to an era where court proceedings ‘we’re all in this together’ and ‘we’re all trying to reach a just for many members of the media have taken on the form of enter- result,’ well, it’s not there anymore. We’d have lunch together. tainment,” agrees Weinstein. “Because of that, much media are We’d go for beers afterwards. Now, I’d say calling us analogous slanted to what some people believe is the popular view to garner to opposite sides of the aisle in Congress is apt.” acceptance from the largest possible audience. Selecting an open- “There’s a certain hardness that’s crept into these cases,” minded, fair, and unbiased jury … is probably a greater challenge agrees Silverglate. “It’s more acrimonious than it was … a cer- today for the highly publicized case or defendant.” tain hostility, bitterness, and hard edge to the relationships of Veteran Boston defense counsel Harvey Silverglate takes it a the players.” step further. Deep polarization, indeed. “Deep down, a lot of people believe only innocent people “I agree it was more collegial in the past,” says ADA Glen- are entitled to a defense,” says Silverglate, currently Of Counsel non. “It used to mean something if you went on an unwarranted at Zalkind, Rodriguez, Lunt & Duncan. “The scorn for some personal attack of another member of the bar. It just wasn’t done. defense attorneys is a definite phenomenon. I think the answer And now I see it on both sides. When I began my career, people lies in the fact that people don’t really understand a fundamental did things the old-fashioned way—trying a case the most effective underpinning of the system: If there’s no lawyer willing to repre- way you can—as opposed to today: emotionally charged, people sent somebody, that person can’t even be tried.” not shaking hands or speaking, arguing over discovery, filing Silverglate’s point is by no means lost on prosecutors. motions to compel. The cases themselves aren’t inherently that “If for nothing other than a matter of self-interest and the much different, but the way people deal with each other is.”

www.bc.edu/lawalumni 25 What’s Your CQ? Culturally competent lawyers increase justice, build bridges, and enhance the bottom line. Do they hold the secret to the profession’s future success? By Jeri Zeder

something about the case didn’t add up. based in a kind of critical thinking known as cultural intel- Debra Wong Yang ’85 was a young federal prosecutor ligence. As people of diverse backgrounds and experiences when it crossed her desk. A woman entering the US with her are increasingly interacting with each other in every realm of elderly father was carrying over $10,000 into the country— life, lawyers in virtually every field are discovering that they money she had failed to declare on the customs form. In cus- must hone their cultural intelligence skills if they are going to toms, she was charged with a federal crime, strip-searched, represent their clients well. Consider: and detained for weeks before her lawyer got through to In 2007, 250 of the largest US law firms, as identified Yang. Looking over the facts, Yang wondered, why would by the National Law Journal, employed more than 15,231 this woman lie? It wasn’t a crime to bring the money into the lawyers in their foreign offices—11 percent more than the US; it was just a matter of declaring and paying tax on it. “I year before. sat down with the lawyer and did a debriefing, which is very US companies are becoming more global and internation- unusual,” Yang recalls now. “Prosecutors don’t have the time al. For example, State Street Corporation, a 220-year-old to do that, but something just seemed off to me.” Boston financial institution, now has approximately 50 per- Yang learned that the woman was coming to America cent of its 30,000 employees working overseas, and just last for the first time from a small village in Taiwan. Concerned year, moved its head of legal counsel to its London office. that the father was becoming forgetful, her mother had “Moving him outside the US is quite a statement,” says asked her to carry the money—her parents’ money—which Michael J. Wilson ’84, State Street’s executive vice president. was intended for the purchase of a home for the mother and By 2050, nearly one in five Americans is projected to be father. The US customs form as translated into Mandarin foreign-born, and whites will make up 47 percent, less than essentially asked, what money of yours are you bringing half of the US population. into the US? Because in her mind the money belonged not to And these examples are based in fairly standard defini- her, but to her parents, she didn’t declare it. Had Yang not tions of “culture.” Cultural competency experts say that cul- flagged the case, a woman guilty of nothing but misunder- ture goes beyond national origin, nationality, ethnicity, color,

standing would have gone to prison. sexual orientation, religion, and creed, and includes such a lex n b um Yang’s hunch that something in this case was amiss was characteristics as poverty, disability, socio-economic status, S26 BC Law magazine | spring / summer 2012 www.bc.edu/lawalumni 27 education level, and age. “We were finally able to convince them, because of my own More significant than labels, however, is what cultural knowledge of how labor unions work in their country, that it competency requires in legal practice. In this regard, the field was very much apples and oranges and that their assumptions of social work, which has long focused on these questions, can were just plain wrong,” Dunning says. “I was able to explain offer insight. Associate Professor Paul Kline of the BC Gradu- exactly why they were wrong because I understood what ate School of Social Work calls cultural competency a kind their assumptions were based on.” Other lawyers had tried to of “professional humility,” an ability of a professional to be tell them the same thing, but were unsuccessful because they aware of his or her own culture and cultural assumptions and didn’t perceive their clients’ frame of reference. The company to let those go in order to see how others experience and make ultimately decided not to purchase the business and, Dunning sense of their world. According to Lynn Barenberg, a social believes, was spared serious financial repercussions. worker on the faculty of the BC Legal Assistance Bureau (BC Similar misunderstandings can come from American cli- LAB), cultural competence is increasingly viewed as a core ents. Patrick J. O’Malley ’99 is the founder of Interpresas competency of professional practice. Culture defines the lens Consulting in Milan, Italy. In transactions between American through which lawyers and clients view legal problems, the and Italian companies, he’s seen what can happen when the lawyering process, and the lawyer-client relationship, she Italians tell the Americans that they need some documents says. When lawyers fail to recognize their cultural assump- notarized before closing. In the US, notaries have little legal tions, their professional effectiveness can be compromised. To authority, and notarizing documents is a fairly low-key affair, illustrate, Barenberg offers this encounter between a student done on the spot. In Italy, however, civil-law notaries have a and a client in LAB’s Community Enterprise Clinic: very different role, basically as state-regulated guarantors of The client, who was Haitian, had a nonprofit that was rais- the transaction’s legality. “They have to be involved early on, ing money for development projects in Haiti. During a client they have to do their own due diligence, they take personal interview, the student attempted to gather facts about how responsibility for notarizing the documentation, and you have financial transactions were handled, recorded, and confirmed, to pay them enormous sums of money for the notarial fee, with his line of questioning focusing on formal accounting usually a percentage of transaction value,” O’Malley says. practices. “What became clear,” Barenberg says, “was that Americans are often shocked by this. the student’s questions were, understandably, reflecting US As these stories suggest, culturally intelligent lawyers bring business and accounting practice. We later learned from our valuable skills that can not only bridge cultural gaps, but client that in Haiti, these arrangements are often much less can also improve the bottom line. Indeed, some studies show formal. Questions focusing on receipts, ledgers, check-writing, a correlation between companies’ financial successes and and bank accounts implied that these were the expected and their abilities to manage global cultural diversity—including acceptable manner of doing business. The risk of this line through their legal departments. of questioning was that the client might worry he had done Cultural issues run the gamut of legal matters. A gradu- something unprofessional or illegal, and that, in turn, might ate who pursues a career overseas as in-house counsel for inhibit full disclosure of the facts.” The student might instead an international corporation will encounter different issues, and need different skills, from a graduate who practices family law in the US. What educational program can encompass the range? When lawyers fail to recognize their “Most law schools probably aren’t thinking as hard as they need to think cultural assumptions, their professional about these issues. It’s new,” says BC Law Dean Vincent Rougeau. At BC Law, effectiveness can be compromised. cultural issues are discussed in courses, among the diverse faculty and student body, and in various programs. In Profes- sor Daniel Kanstroom’s human rights law have begun this way: “Tell me how these financial transactions class, for example, students explore whether principles we work in the communities you are serving,” and gone from consider to be universal really are, and when it is legitimate there. This approach, Barenberg says, invites the client’s per- to challenge, condemn, or resist certain cultural traditions. Wspective, which is critical to the lawyer understanding the case. From the standpoint of practice, Kanstroom, who oversees Assumptions can cut both ways, of course. Brian Dunning the Post-Deportation Human Rights Project, says that to ’90 is a partner at Venable LLP in New York. At his prior understand what a client is saying and making that accessible firm, he was part of a team hired to conduct due diligence for to the American legal system often requires understanding the a foreign company that wanted to acquire a rather unprofit- client’s culture. “The training that’s needed is going to vary a able business in the US. The clients thought that they could cut lot depending on the particular community that you’re deal- costs and increase the business’s profitability if they reduced ing with,” he says. “It took me years, for example, of working the business’s union staff, which would have been possible in with Haitians and Central American asylum-seekers to grasp the clients’ country, but was not an option in the US. Dun- certain points of cultural misunderstanding.” ning spoke with his clients in Spanish, used the real names International opportunities at home and abroad, like BC of actual labor unions in their country, and explained the Law’s London Program, Human Rights Semester in Practice, differences between labor laws in their country and in the US. and LLM program, can really open minds. Gail Hupper,

28 BC Law magazine | spring / summer 2012 director of LLM and International Programs, received an email last year from a second-year JD student thanking her for bringing lawyers from Africa and Iran to study here. “The perspective that they added to class discussions was just mind- Cultural The ritual could be postponed blowing and completely changed her understanding of the Competency and until the child was old enough material,” Hupper says. And the influence of LLM programs to decide whether she want- goes beyond the classroom. A lawyer from Japan and a law- the Courts, Part I ed to partake in it, and the yer from Germany who have both been through American Cultural matters can become father could meet his religious LLM programs, Hupper says, “have this new language that the basis of judicial rulings, obligations by atoning. Judge they can speak to each other. Not just English, but a whole set as in the 2003 Massachusetts Kagan ordered this approach, Appeals Court case of Sagar of cultural understandings.” They’ll interact more easily with and was upheld on appeal. v. Sagar. There, a wife and “The published opinion American lawyers as well. her abusive husband were is now precedent in Massa- BC Law’s diverse student organizations also enrich cultural both practicing Hindus. The chusetts,” says Ingrid Chiemi discussions on campus. “I think our student organizations are husband insisted that their Schroffner ’95. Schroffner is doing a good job of bringing light to those issues,” says Jenni- religion required their daugh- assistant general counsel for fer Kent ’13, president of the Black Law Students Association. ter, a toddler, to undergo the Massachusetts Executive But Northeastern Law School Professor Susan Maze- the head-shaving ritual of Office of Health and Human Chudakarana; the mother Services, and is a leader in Rothstein ’85 argues that law schools must fundamentally disagreed. At trial, the family providing continuing legal change their pedagogy to reflect the critical importance of cul- court judge, Spencer M. Ka- education on issues of cultural tural competence to the practice and profession of law. “The gan, heard expert testimony competency for practicing academy cannot just go blindly forward using the 100-plus on the cultural question. It family law attorneys. She year-old casebook method with one Socratic professor at the emerged that the Hindu reli- teaches Sagar v. Sagar in her front of the classroom and think that we can begin to address gion permitted a third way: seminars. —JZ the complexity of what our modern society needs from us as lawyers,” she says. Students come to law school unaware of the range of skills and sensibilities that a 21st century lawyer needs, she says; they mistakenly focus too tightly on learning Cultural black letter law to pass the bar exam, and too often check out houses are posted in English, when faculty members raise more subtle matters about the Competency and Spanish, and a third language significant in the local com- interplay of law and society. “You have to shift the undergird- the Courts, Part II munity. As the number of ing of what the legal educational process is to begin to get to Last year, 733,000 cases repro se litigants has risen—75 these questions,” she says. quired the attention of the to 85 percent of all Probate James Bitanga ’06, who is in-house counsel to IBM in judges and clerk magistrates and Family Court litigants Singapore, makes a related point. “If you shift the students’ of the Massachusetts District represent themselves, Con- paradigm to the realization that the law is now globalized, the Court. They involved people nolly reports—programs have demand for competency education will grow,” he says. of every background imagin- been created to assist them able, a reflection of the state’s better. A mentoring program It’s perhaps unsurprising, then, that some of the most changing demographics. for judges includes cultural sophisticated teaching and thinking about cultural competen- “The courts are making a real competency training, and an cy occurs where its relevance is most obvious to students and effort to ensure that we are international program allows faculty alike: in clinical legal programs. Cultural issues come responsive to the particular cultural exchanges with judg- up regularly there, informing instruction and inspiring richly populations we serve,” says es from around the world. nuanced scholarship by clinical law faculty. Carwina Weng, District Court Chief Justice “That’s what cultural compe- formerly of BC LAB and now a clinical law professor at Lynda Connolly ’74. tency is all about,” Connolly Certified court interpret- says. “It’s recognizing what Indiana University, says, “Articles about cultural competence ers assist speakers of Span- your view of the world is, educate lawyers to collaborate more effectively with clients.” ish, Portuguese, Vietnamese, and recognizing when and She co-wrote a frequently cited article with BC Law Clinical Chinese, Khmer, Russian, and how to shift your perspec- Professor Paul Tremblay that subtly identifies where potential Haitian Creole, and the need tive. What we’re trying to do misunderstandings may arise between lawyer and client. With for Burmese interpreters is is facilitate people’s access to Associate Clinical Professor Alexis Anderson and Lecturer in growing. Signs in the Com- justice. It’s really that simple.” monwealth’s newest court- —JZ Law Lynn Barenberg, Weng recently co-authored an article that examines how the human tendency to build relationships by finding points of personal commonality impacts the lawyering process. In contrast to this growing literature, there is a missions. Wherever she has served, cultural competency has relative dearth of scholarship on cultural competence from the been a recurring professional necessity. Sharpening the cul- perspective of international business practice and other legal tural intelligence of law students and practitioners is among specialties. This area is ripe for serious exploration. the great challenges of 21st century legal education—because, Since her days as a young prosecutor, when she encoun- as Yang says, “You need to be conversant in cultural compe- tered the troubling case of the Taiwanese woman charged by tency to be a stellar lawyer.” US Customs with a federal crime, Debra Wong Yang has been a California state judge, a partner at the corporate law firm Jeri Zeder contributes regularly to BC Law Magazine. She can Gibson Dunn, and a member of numerous boards and com- be reached at [email protected].

www.bc.edu/lawalumni 29 Hot Seats, Cool Heads by james F. smith

30 BC Law magazine | spring / summer 2012 here are many ways global hunger, injustice, over the denial of educational opportunity.” to lead, but when The Law School imparted a belief eight past and present in what Senator Scott Brown, the lone Republican in the group, and Represen- Congressmen with BC tative Robert Scott of Virginia described as fact-based leadership. Representative Law ties describe what Stephen Lynch vividly remembered BC shaped and drives them, Law Professor Zygmunt Plater teaching T him to “walk the land.” For Lynch, that new hope for civility and has meant going to Iraq fourteen times bipartisanship emerges and Afghanistan seven times. Exemplary leaders for the eight stretch back to Sam Adams (cited by Represen- Polarization has rarely seemed more tative Michael Capuano); the most-cited severe in Washington. So it is especially was the late Senator Ted Kennedy. Former gratifying to hear the eight Boston Col- Representative William Delahunt mar- lege Law School alumni who now serve veled at what Kennedy accomplished dur- in Congress or recently left office share ing Republican administrations, not least insights on effective leadership and trade an increase in the minimum wage. The les- anecdotes of cross-party cooperation. son: “You try to find common ground.” Answering a set of questions, they all For former New Hampshire Repre- offered encouraging examples of out- sentative Paul Hodes, “a fundamental reach across the aisle despite the ugly quality of good lawyers and good poli- climate, and without surrendering their ticians is to be able to disagree without own principles. As US Representative being disagreeable. Courtesy and respect Edward Markey put it, “BC Law grads do not diminish the force of persuasive are bridge builders. But too often it feels arguments.” like a bridge to nowhere.” Reading these thoughtful replies, it’s The BC Law ethos of service shaped hard to believe that Congress nearly these leadership styles. Most invoked took the nation into default in partisan memories of former dean Father Robert stalemate. BC Law ought to bottle its Drinan, SJ. Senator John Kerry recalled potent ethos and sell it throughout the Drinan’s description of a Christian as congressional market. someone who “will be in anguish over

www.bc.edu/lawalumni 31 Senator Senator JOHN KERRY ’76 scott brown ’85

On the BC Law ethos: On effective leadership: I think BC Law really exemplifies the best of Jesuit educa- Having the ability to think for yourself. I have always been tion. You learn to debate and test your beliefs and ultimately an independent thinker, and I approach each issue with an that makes your beliefs stronger. I also think it’s an ethos that open mind. values argumentation and pushes you to be willing to defend I make decisions based on facts and developing an under- something if you really believe in it. In that respect, I particu- standing of a certain issue, without the influence of outside larly think of your former dean, teacher, and a friend of mine, groups who are trying to guide my choice. This commitment Father Robert Drinan. He was a passionate opponent of the to independent thought is reflected in my bipartisan approach Vietnam War and fought all his life for the values that sprung as a Senator. I look at each issue on the merits and consider from his Jesuit faith. He put it this way: “I feel if a person is how it will affect the people who elected me. really a Christian, he will be in anguish over global hunger, injustice, over the denial of educational opportunity.” That On making decisions: earned him some opponents in people who saw the whole cloth Before anything, I think it’s important to have all of the facts of Catholic teaching more narrowly, but Father Drinan fought at hand. Consider the Senate debate in late 2010 over the new and debated and cared about these things with every fiber of START Treaty to limit nuclear arms with Russia. During the his being. He listened carefully, spoke his conscience, and did debate, I was receiving pressure from both sides to make a deci- what he felt was right. His was a code that’s forever informed sion, but I wasn’t satisfied that I had all the necessary informa- my view of what politics and public service is all about. tion. I did my research, met with experts involved, spoke with various agencies and officials (both in the US and overseas), Describe your leadership style: and then when I was satisfied that the treaty would be good for I’ve learned to be patient and to really listen and explore what our country, I voted for it. others believe [in order] to seek out common ground. You have to listen actively. You can’t dictate. You have to keep discus- On collaboration in a polarized era: sions civil even when you’re very passionate. I had a great BC taught me the importance of doing my own research to classroom for this kind of active listening not just at BC Law, fully understand issues. I study the facts, analyze different but in the US Senate. I had come here as an activist, with a lot angles, and then keep an open mind and work with people of of impatience. But all around me I saw a Senate where the big- good will on both sides of every issue. This has always been gest breakthroughs weren’t brokered by a mushy middle or my approach: Work together and make progress, rather than by splitting the difference but by people who were willing to enemies. do the work and sit down face-to-face to talk things through. Ted Kennedy and Orrin Hatch were a powerful team precisely On improving as a leader: because they didn’t agree on that much and they spent a lot There is always room to learn and grow. Part of being a good of time fighting each other—and so the Senate leaned in and leader is having a constant appetite for new information. It is listened on those occasions when somehow this ultimate odd also important to understand the changing dynamics of a situa- couple found things they were willing to fight for together. tion and to grow with it. That was the mark of real leadership, action, and service, and I’d say that’s how I’ve modeled myself over the last twenty- How has your leadership style evolved? seven years in my work for Massachusetts. I’ve only been in the Senate for two years, but since I’ve been there, I have made it a point to work with any person of good On improving leadership in a polarized era: will on each and every issue. Keeping an open mind and tak- If we’re willing to stop talking past each other, to stop substi- ing the time to listen and understand where others are coming tuting sound bites for substance, we can still get things done from have become my top priority. I’m always looking to solve here. But we’ve got to be willing to finally pull ourselves out of problems and find common ground. an ideological cement of our own mixing, and that takes real listening and real work…. On changing your mind: These days, it’s unlike anything I’ve ever seen before. The It is important to be transparent in my communication of Supreme Court’s decision in the Citizens United v. Federal what I am thinking and doing. If my mind changes based on Election Commission case dealt a crushing blow to fairness in gathering new information, so be it. It is important to make our federal elections and set a different tone here in Congress. an informed decision that is in the best interest of the people I It amplified the ability of money to distort the agenda and it represent. scared a lot of colleagues out of taking risks. I have always believed that the single biggest flaw in our federal election system is the disproportionate power and influence of money that drowns out the voice of average Americans.

32 BC Law magazine | spring / summer 2012 US Representative US Representative stephen lynch ’91 robert scott ’73

On the impact of the BC Law School ethos: Describe your leadership style: I suppose I could find many instances where I think the Jesuit In terms of leadership style, I try to identify problems. My example has been instructive for me. personality is research based, fact based, to support my posi- One, I take care to actually read through the substantive tions. A lot of people use anecdotes and stories and emotion, bills that I vote on. Frequently, I have to reread legislative pro- but I feel a lot more comfortable based on a scientific research posals over and over to fully understand how they work at a approach to what works and what doesn’t work. granular level. That’s a discipline that was reinforced constantly When you are focused on a research approach, it’s easier to at BC Law—Professor Tom Kohler, Professor Bob Bloom, and compromise because everybody agrees on what the facts are. others were strong on that point. It’s definitely consistent with And usually, if everybody agrees on the facts and agrees that the Jesuit emphasis on education.… I have opposed some bills research has shown some things work and some don’t work, because I believe, mechanically speaking, they won’t work, or it’s a lot easier to come to conclusion. they do more harm than good. This is an especially important principle today where bills can weigh in at over 2,000 pages. Examples of your leadership style? (Sometimes I’m reminded of the Churchill quote, “This [bill], We’re still working on juvenile justice reform: I’ve introduced by its very length, defends itself against the risk of being read.”) the Youth Promise Act, which focuses more attention on The second example is also rooted in a “common sense” investments in getting young people on the right track and approach to the law recommended by my professor in Property keeping them on the right track, rather than waiting for them Law at BC Law, Zygmunt Plater. In addition to the myriad to mess up and then getting into a bidding war on how much of rules regarding adverse possession and other arcane topics time they will serve, based on some slogan or sound bite. that I have quickly forgotten, Professor Plater simply suggested All the research is clear that if you try more children as “walk the land,” the general idea being that there is no sub- adults, the crime rate will go up. Because the adult court can stitute for physical contact and face-to-face confrontation in only let the child walk out of court or lock him up with adult obtaining a full understanding of a problem. “Walk the land” drug dealers, robbers, and murderers. The Juvenile Court judge was also appealing in the sense that it contained no Latin and can impose education, psychological services, and even family was easy to remember. This approach has been valuable in my services to get the young person back on the right track. work on the Subcommittee on National Security and Foreign Affairs. As part of my work, I’ve “walked the land” in Iraq On bipartisan discord: fourteen times, Afghanistan seven times, Pakistan a half dozen, On the budget, if you listen to some of the debate, you’d think Gaza, Gitmo, Haiti, Darfur, etc., all in an effort to better that some of my colleagues don’t appreciate the fundamental understand some complex problems. principles of arithmetic. You need to recognize that if you start a discussion on how On the leadership process: to solve the trillion dollar deficit problem, when the discussion The process is as varied as the circumstances, to a degree. starts off with tax cuts, you know the rest of the discussion Congress can be like a giant conveyor belt with a new problem isn’t going to be serious. or issue coming along every eighteen seconds. Some big, some small, all are important. I have found that physically and intel- On effective leadership: lectually I cannot be the champion of every cause that comes I just do the best I can and don’t worry about it; I tend not to along. But I can pick out the issues that I really care deeply look back at what could have been. I’d rather look forward about—where people have no champion—where I think I can and do the best I can on what’s in front of me. make a real difference, and so I work really hard on those If you look at crime policy, people make jokes about the issues. principles of crime policy; no good politician will ever vote against a crime bill named after somebody. It doesn’t matter On the risks of changing your position: what’s in it. It’s just bad politics to vote against it. But that “Criticism” is to a politician as “wet” is to water. You have to doesn’t make any sense. I violate that principle frequently. just get used to it. Suck it up and keep going. Usually, if I do change my position, it is because of new data. I just try not to On changing your mind: be an acrobat or a flip-flopper. It helps if you think through the If the state of the art of the research was that a particular posi- issues, pick the ones where you can make an impact, stake out tion made sense, and subsequently you have more in-depth your positions, and then defend them. I represent 727,514 peo- research and it raises questions, then people can see what hap- ple. We’ve never had unanimity on any issue yet. You’ll never pened. If you’ve taken a position based on a political poll, and make everyone happy, especially the press. It is more important then the people switch on you, then you have very little basis to be thoughtful, sincere, and solid on your positions. You get other than a finger in the wind to justify your position. That’s more respect as a leader when you are consistent—as long as when you look a little silly. you aren’t consistently wrong.

www.bc.edu/lawalumni 33 Fmr.US Representative US Representative paul hodes ’78 edward markey ’72

On the BC Law School ethos: On the BC Law School ethos: My experience at BC Law School helped provide the founda- I will never forget Father Drinan, who was dean of the Law tion for my political career. The commitment to service to oth- School for fourteen years from 1956 to 1970, and a member of ers, high standards of ethics, and an atmosphere that fostered Congress for ten years after that. Father Drinan liked to quote dialogue among people of diverse views were hallmarks of my Hammurabi, the author of the world’s first code of laws, who legal education. Central to my sense of leadership is caring for said that “the purpose of law is to protect the powerless from people, respecting individual talent and effort, and delegation the powerful,” which Father Drinan sometimes translated for of responsibility. us as “to comfort the afflicted and afflict the comfortable.” In his life and in his work, Father Drinan embodied the spirit of On effective leadership: lines written by St. Alberto Hurtado, the newest Jesuit saint, I believe that effective leaders recognize three fundamentals who said: “In order to teach, it is enough to know something. in any organization or effort. First, each person wants and But to educate, one must be something. True education consists deserves respect and appreciation for his or her individual in giving oneself as a living model, an authentic lesson.” efforts. Second, people are social and want to work together These lessons I learned at BC Law have stayed with me with others, and, third, people want to work together for a throughout my life. Since I was first elected to Congress, I have purpose higher than themselves. Recognizing these principles, been shaped by these principles in standing up for the power- effective leaders encourage the best from their organizations, less and developing and supporting legislation that provides express appreciation regularly, and help set a clear vision to opportunities for hardworking men and women who are strug- bind the organization, the essential organizational glue. gling to improve their lives and the well-being of their families.

An example of your leadership style: On your leadership style in practice: I was the Democratic candidate from New Hampshire for the I spent many years fighting to strengthen federal fuel economy United States Senate in 2010. I lost that race. People say that standards (known as “CAFE standards”) for cars and light you learn more from losing campaigns than from winning cam- trucks…. I began offering amendments to energy legislation paigns, and that is true. I knew for quite some time that our to mandate an increase in the CAFE standards—forcing votes campaign faced challenges that were likely to be insurmount- in 2001, 2003, and 2005. My amendments were cosponsored able. In the face of that knowledge, my job was to maintain a by Republican Congressman Sherry Boehlert from New York. positive attitude, make sure that those young people who had Each year, I would lose the vote, but each year the vote would committed part of their lives to the campaign effort and service get closer and closer as rising gas prices and increasing depen- in my congressional office were sustained, lifted up when things dence on oil imports led the public, the press, and more and looked down, and were continually inspired. It was one of the more members of Congress to recognize the need for change…. greatest leadership challenges I ever faced. There were plenty Following the 2006 Congressional elections, the Democrats of tears when we lost, but those who worked on the campaign took control of the House of Representatives, and I worked and those who worked in my congressional office are all good closely with Speaker [Nancy] Pelosi to successfully incorporate friends and ended their service with heads held high and hearts new fuel economy standards into the Energy Independence and still hopeful. Security Act.

On exemplary leaders: On exemplary past leaders: When we were preparing to vote on the Affordable Care Act, My first year constitutional law professor, Herbert O. Reid, President Obama came to address a divided and unhappy was a tremendous example of leadership. Professor Reid was Democratic House caucus. Many of us were upset that health a visiting professor from Howard Law School back in 1969, care reform had not included the so-called “public option” and nothing had quite prepared me for him. He was an African and that the White House messaging had been ineffective. American professor teaching white middle- and working-class The President accepted responsibility for the shortcomings but students. He was Muhammad Ali’s lawyer, was involved in the made a persuasive argument for the bill. Then he went further Chicago Seven trial, and had worked with Thurgood Marshall and acknowledged that he knew how difficult the vote would on Brown v. Board of Education. Professor Reid taught us, be for many of us and that there were people in the room who through his own work on the frontlines in the fight for justice, would not return to Congress if they voted for the bill. He that the Fourteenth Amendment—equal protection under the spoke eloquently of the higher purpose the bill would serve law—was finally starting to mean something tangible in the and, I believe, inspired many who were wavering to vote for 1960s. Professor Reid taught us that when we graduated and the bill. In a world where even incremental change is hard to started to make our way in the legal profession, it would be accomplish, I believe the President showed the qualities of true our job to interpret who was entitled to coverage under the leadership that day. Fourteenth Amendment—and so followed debates over the rights of women, minorities, individuals with disabilities, and other groups in our society.

34 BC Law magazine | spring / summer 2012 Fmr.US Representative US Representative william delahunt ’67 michael capuano ’77

On the BC Law School ethos: On the BC Law School ethos: I think the BC Law School ethos really provokes a global out- Father Drinan was the Congressman representing BCLS when look in terms of responsibilities. It’s a law school, but it also I attended. I think his example did set a tone for the school. evokes a sense of moral responsibility…. Being a young man in He also helped demonstrate how to use the law and Catholic the Kennedy era, and the inspiration of the Kennedys—it really teachings to advance one’s commitment to public service. touched my core in the sense that I think my religion had a lot to do with my desire for public service. On defining effective leadership: I’m not suggesting I’m one of God’s senators, but it really It would take a book to fully answer this question—and I did create in me a sense of obligation. Part of my motivation in will leave book writing to [retiring US Representative] Barney going for law school was to enter into public service, and par- Frank for now. For me, effective leadership starts with a vision ticularly into elective politics. The inspiration came from Jack of where you want to go followed by a belief that others want Kennedy. to go in the same direction. Then you must make a commitment to take action—and actually work toward your goal. I Describe your leadership style: also believe that truly effective leaders understand that compro- One of questioning, and one that was focused on first deter- mise is necessary and appropriate in order to make progress. mining the facts—a search for the truth, if you will. And discovering so frequently that the truth, the reality, was far dif- Describe your leadership style: ferent from what most people believed, particularly on foreign See my answer [above] and add a dash of chutzpah. My fear of policy. There was such a need to probe. Maybe that’s why I holding a position that is not shared by the majority is usually chaired the House Oversight Committee—that desire to find outweighed by a sense of what I believe is right and a commit- out the truth, and to let the facts dictate. You had to have the ment to have minority views heard. facts to properly analyze and reach a conclusion. An example: The Syrian who was detained at JFK Airport, On previous effective leaders: Maher Arar, was inaccurately described in Canada as an Al I’d like to focus on one individual: Sam Adams (even though Qaeda associate; he came to the United States, and he was he was notoriously anti-Catholic). His commitment to a cause detained in transit to Montreal at JFK. He pleaded not to be kept the movement alive almost singlehandedly after the Brit- sent to Syria, saying he was a dual national, but he was sent ish backed down from their taxation laws. When the British anyway, and he was tortured there for a year…. One of my repealed all taxes except one, almost every other leader of the singular memories was sitting as chair of the oversight commit- movement declared victory. Sam Adams worked to refocus tee, learning the facts of the Arar case, and sitting with all my the country on the remaining tax on imported tea…. Without colleagues, who were very conservative on the Republican side. Adams’ commitment, vision, and leadership, there would be no We had [Arar] testify from Canada via videolink. He did not United States of America. receive an apology from the US government, and I said that on behalf of Congress, I apologize, and everyone on the committee On the leadership process: echoed that sentiment. It was a very poignant moment. It was The process works differently in different situations. I will say one of those moments you take great pride in; you somehow that it is not pretty, it is not neat, it is not linear, and no book I rectified a moral injustice and that made you better. have ever read explains it well.

On exemplary past leaders: On changing your position: Ted Kennedy had a huge influence on me. I was his congress- We do get criticized for changing our minds. But we also get man, and we developed a very personal friendship. He really criticized for being stale, too young or too old, being too vain was an example for many people, that leadership involves and too unkempt ... and everything in between. I don’t worry listening to people and bringing people together and finding about it. I have strong views but I am also willing to listen to common ground. the other side. That often helps strengthen my own views and What I found amazing was what he accomplished during helps me to see the other side of an argument. the Bush Administration, when Republicans were in control. James F. Smith, former national political editor and foreign I remember the minimum wage—he got that passed. I always editor for the Boston Globe, is communications director for the took some satisfaction that I innately had those same kind of Belfer Center for Science and International Affairs at Harvard instincts where you try to find common ground and you go Kennedy School. from there. For full transcripts of the interviews, visit http://www.bc.edu/ On the leadership process: lawleaders. Process equals patience. And Ted Kennedy had that. If you are an impatient person, run for governor because the legislature [requires] a different set of skills.

www.bc.edu/lawalumni 35 [ G l o bal E n g a g ement ] Where BC Law’s commitments to justice and international law converge

this year’s Jessup International Moot Court team, (l-r) Ron Kendler, Ian Leson, Alysia Sanchez, Michael McDermott, and Sarah Catignani, brought home a passel of trophies.

World Class Competitors

International focus fosters Jessup success

or Ron Kendler ’12, the 2011–2012 2012—a notable feat in a competition that vard, Yale, Cornell, and NYU. Philip C. Jessup International Moot in the preliminary contests this year drew Kendler and classmates Sarah Catig- F Court competition, the world’s larg- participants from 607 law schools in 87 nani, Ian Leson, Michael McDermott, and est and most prestigious moot court con- countries. (BC Law fielded a world-beating Alysia Sanchez gained 16th place overall in test, held in Washington, DC, in March, team in 1986, winning the championship.) the finals, with Catignani winning 3rd best was “like a strange hybrid of the UN and On the way to Washington, this year’s oralist, and Kendler winning 6th best oral- the Olympics.” team beat long-time rival Columbia to win ist. The team tied with teams from Argen- Over the last six years, BC Law teams the regional championship, with Kendler tina and India for the 3rd best combined advanced to the international rounds five being named top oralist in the competitive memorial score. times—in 2007, 2008, 2009, 2011, and Northeast Region, which includes Har- The competition simulates a dispute

36 BC Law magazine | spring / summer 2012 between countries before the International estimates that each team member pro- our global Court of Justice, and teams prepare oral duced around five drafts—all reviewed network and written pleadings arguing both the by Magee and Moore—before compiling applicant and respondent positions. This the final version for dispatch to the com- year’s case addressed the legality of the petition administrators in early January. Defending Kids in China destruction of a World Heritage cultural Given the basis of the Jessup problem in Francine Sherman, director of the Juve- nile Rights Advocacy Project (JRAP), this site, and the question of who may repre- real-world legal issues, the team also had spring taught a course in trial practice at sent a state after a coup d’état. to monitor world current affairs and inter- China’s Renmin University, where Pro- “The Jessup competition is an integral national legal decisions that might impact fessor Judy McMorrow has opened the part of our international law program, their arguments. doors to cooperative projects with BC designed to train tomorrow’s lawyers to Washington government attorney Law. One of Sherman’s long-term goals anticipate the demands of the future,” Regan Hildebrand, who has served as a is to engage students from both schools said BC Law Director of International judge in both regional and international in developing disposition plans for China’s troubled juveniles that explore Programs David Wirth, who also credits rounds in the Jessup competition since the less punitive, more holistic methods Thomas Carey ’65 as the faculty co-anchor 2006, has seen the results of this prepa- pioneered by JRAP in the US. for Jessup. “My experience working with ration. All the BC Law students he has more than a dozen teams here encountered, either as a judge has strongly influenced my or an observer, have shown UN Taps Alumnus to Serve >>for more UN Secretary-General Ban Ki-moon has teaching of international law, the ability and knowledge see “Are Citizenship appointed Louis M. Aucoin ’75, as Dep- to which I try to bring some Laws Working?” p. 7; to follow the judges into the uty Special Representative for Liberia. of the Jessup’s strengths in the “Ahmad Rasikh p. 9; most arcane and hypothetical An expert in rule of law matters, Au- form of in-depth analytical “How Hugh Ault Found realms of questioning. “They coin is academic director of the masters training in the field.” His Muse” p. 48.; “Out understand where the judges of law international program at Tufts Guive Mirfendereski ’88 is of Ruins, a Mind Turns are going with the argument University’s Fletcher School, has been professor of international law to Law” p. 50. they’re making, and not many a consultant on transitional justice and constitutional reform around the world, at Brandeis University. He has teams can do that,” said Hil- and was principal foreign advisor to the an almost unbroken record of involve- debrand, who described the 2011–2012 Haitian Parliament on restructuring that ment with BC Law Jessup teams since, as team as “phenomenal.” country’s criminal code. a 1L with a doctorate from the Fletcher Magee, a Jessup competitor in 2005, School of Law and Diplomacy at Tufts has coached teams since the 2007–2008 University, he acted as an informal advi- season with fellow alumni Joe Mueller Tip of the Iceberg An array of international topics was sor to the 1986 championship team, ’00 and Kristen Johnson Parker ’06. The addressed by speakers this year, among under the guidance of official coach Pro- three-course credits students earn for par- them: Andrew & Kurth’s Thomas R. fessor (now Emeritus) Peter A. Donovan. ticipating in the contest do not begin to Kline on restitution of Holocaust looted BC Law teams have benefitted for reflect the immense amount of practical art; former International Criminal Court decades from an institutional culture that experience and the immense amount of chief prosecutor Luis Moreno-Ocampo promotes international legal education, writing and rewriting that’s entailed, said on the ramifications of the Rome Stat- invests in international law faculty, and Magee. He explained that an important ute; Australian lecturer Katharine Young on how rights to basics like food and fosters the “extraordinary chemistry” that part of the Jessup ethos at BC Law is that health are changing public law; and develops among Jessup team members, each year’s team has been good at select- Nanterre professor Laurence Sinopoli Mirfendereski said. “I have not seen the ing the next year’s team, and instilling in on jurisdictional conflicts in the age of like of that in other schools. Everyone is them the amount of effort and the reward. globalization. K ERR Y BUR E / B C M T S rooting for the other, everyone’s job is to For championship winners Katherine make the other person look good.” Ashdown ’86 and her Jessup teammate Lichtenstein Still Rules Rigorous, focused, and repetitive Florence Herard ’86, the competition was Professor Emerita Cynthia Lichtenstein, rehearsal also pays dividends. In the first a prelude to professional border-crossing. a specialist in international banking and few weeks of practice there were some Both live and practice in London, where transactions, will see to it that BC Law very late nights, with one session run- they serve as alumni placement supervi- gets top billing at the Society of Interna- ning from 7 p.m. to 2 a.m. as coaches sors for BC Law’s London Program. tional Economic Law’s July conference in Scott Magee ’05 and Michael Moore Ashdown is managing director at Bank Singapore by appearing as a keynoter. The event fosters cooperation in the ’09 grilled the team on every aspect of of America Merrill Lynch, and Herard fast-changing world of economic law. the case. The confidence to speak with- is legal counsel and director at Citi- out notes, to extemporize, comes from group. For Ashdown, the final round of immersion in the legal issues raised by the Jessup in Washington, DC, was her the problem. In competition, said Cat- first experience with law students from for enhanced and related ignani, “the many, many hours of hard abroad. “The competition made me real- content online, visit work paid off tenfold.” ize that I was doing more than joining a Those hours included not only inten- state bar; I was joining an international www.bc.edu/ sive oral practice, but also drafting and profession,” she said. globalengagement redrafting the written memorial. Kendler —Jane Whitehead

www.bc.edu/lawalumni 37 [ E s q uire ] alumni news & class notes

doing the right thing For her ability to “build trust in tough circumstances” as a client counselor with the Juvenile Rights Advocacy Project, Jennifer Castillo ’12 won the Association of Corporate Council’s Northeast Law Student Ethics Award this year. Castillo, center, shown here at the awards ceremony with ACC-Northeast president Kathleen Burke ’94 and Ethics Committee chair Paul Cushing ’91, demonstrated time and again that she “had her client’s back” in the teen cases she handled, according to JRAP director Francine Sherman. The award honors those who have demonstrated a keen commitment to ethics in the course of representing their first real clients in clinical programs.

Political Maestro Conducts No More

Kevin White: 1930-2012

hen Kevin H. White died on Jan- by “lightning instincts and a roving intellect Brown concert on public television after uary 27, Boston, the city where that propelled him to national stature.” the assassination of the Rev. Dr. Martin W he made his political mark, was A 1955 graduate of BC Law, White was Luther King Jr. to keep people off the not the only place that mourned. BC Law mayor from 1968 to 1984. It was the best streets, won him the admiration of many. lost one of its most eminent graduates of times—he rejuvenated a stagnant, insu- So did the diversity of his staff in the early to use the school as a springboard into lar city with reforms and economic stimu- years of his administration. public life. lus—and the worst of times—he faced White, who was director of the Institute Many have followed in White’s foot- racial upheaval over the court-ordered bus- for Political Communication at Boston steps but, as obituary writer Brian C. ing to desegregate Boston’s schools. University after leaving office, was diag- Mooney said in the Boston Globe, he was His sometimes brilliant response to nosed with Alzheimer’s about a decade in a class by himself, a man distinguished trouble, such as broadcasting a local James before his death at the age of 82.

38 BC Law magazine | spring / summer 2012 Chapter Bestows Drinan Award Strategic Pieces Fall into Place alumni honor federal judge Overseers updated on Law School progress t his state-of-the-school presenta- Hong, who specializes in immigration law tion to the Board of Overseers and criminal law, and Rougeau’s intention Ain May, Vincent Rougeau said to hire two clinical faculty this year, both that one his first impressions of the Law of which are consistent with BC Law’s School when he began as dean last year commitment to underserved populations; has not wavered. “What makes the big- • the University’s approval to reduce gest impression, what makes us distinc- class size to 250, beginning with this fall’s tive,” he said, is the intimacy of a com- class; munity bound together by a shared set • a successful re-accreditation site visit of values. by the ABA and the appraisers’ assessment His report and the discussion with that Boston College’s recent moves to overseers that followed included a number centralize fundraising and some other Law of items that are emerging as important School operations were beneficial; Darnell Jones to Rougeau’s strategic vision for the Law • and a presentation by Professor Brain School, including: Quinn about bringing experiential learning • the hiring of family law scholar Kari into the business law classroom. C Law’s Philadelphia Chapter continued its tradition of rewarding the Bexcellence of legal professionals in its region by presenting the Hon. C. Dar- nell Jones II with the Father Drinan Award in April. A US district court judge for the Eastern District of Pennsylvania, Jones was selected for his contributions to judicial administration, legal education, and social justice. “Judge Jones is not only a distinguished jurist and legal educator, but an individual with a genuine concern for the less fortunate. As an example, shortly after Hurricane Katrina, Judge Jones and some friends packed a truck with food, water, and supplies and traveled to Slidell, Loui- pictured left to right: Jennifer Kent ’13, siana, to aid those in need. This combina- David Solomon ’75, Lisa Solomon, Alexandra tion of qualities makes Judge Jones a wor- Johnson ’12, and Joseph Vanek ’87. thy recipient of the Father Robert Drinan

Award,” said chapter president Stephen J. suzi ca m a r ata Imbriglia ’80. Jones is former President Judge of the Court of Common Pleas for the First Judi- An ‘Only in America’ Moment cial District of Pennsylvania, the state’s largest judicial court. As chair of the Donors, Students Meet at Scholarship Dinner Administrative Governing Board, he over- saw all the courts of the district. cholarship recipient Jennifer Kent ’13 his parents’ names grew out of the hard Teaching has long been an interest, and stood at a lectern in the Ritz Carlton work of his own family. His grandfather, a in addition to holding an adjunct profes- Sand told the 125 people gathered for rabbi, came to the US from London before sorship at the University of Pennsylvania the seventh annual Scholarship Dinner that World War II. With his uncles, he built Law School, Jones has been involved with the Lawrence and Lillian Solomon Fellow- a grocery business that burgeoned into a the National Institute of Trial Advocacy, ship Fund was a gift of more than money. chain of 150 stores in the Washington- the National Judicial College, and several She had always had to work while going to Baltimore area. The “only in America” other law schools. school, she said, “but this scholarship has outcome more than a half century later? His service to others includes the estab- given me time, time to find my passion and “My rabbinical grandfather provided a gift lishment of the Philadelphia Mortgage find out who I am.” that would send a black woman [Kent is Foreclosure Program, which has helped Then donor David Solomon ’76 stood African American] to an Irish Catholic law people stay in their homes. up to explain that the fund established in school,” a bemused Solomon said.

www.bc.edu/lawalumni 39 law day 2012

1 2

4 3

suzi camarata

oston College Chancellor J. Donald Award on John Montgomery ’75 of Ropes & Law Day 2013, please contact Director of Monan, SJ, received BC Law’s highest Gray. • The Hon. David S. Nelson Public Inter- Alumni Relations Christine Kelly, 617-552- honor at the 2012 Law Day celebra- est Law Award on Kimberly Motley-Phillips ’90 4703 or [email protected]. To see more photos tion May 1. Some 275 people gath- of Neighborhood Legal Services and Barbara and for current information on Law Day, visit ered at the Seaport Hotel in Boston Siegel ’89 of Senior Partners for Justice Volun- www.bc.edu/lawday. to acknowledgeB Monan and five other alumni teer Lawyers Project. • The Daniel G. Holland for their accomplishments and contributions Lifetime Achievement Award on Paul Kane 1) John T. Montgomery ’75, J. Donald Monan to the profession. Event co-chairs Evelynne ’70 of McGrath & Kane. • The Recent Gradu- SJ, Dominic Blue ’02, Kimberly Motley-Phillips L. Swagerty ’84 and Mark J. Warner ’89 ate Award to Dominic Blue ’02 of MassMutual ’90, Dean Vincent Rougeau, Barbara Siegel bestowed the following awards: Financial Group. ’89, and Paul Kane ’90. 2) Scott Lashway ’02. 3) The St. Thomas More Award on J. Donald Proceeds support the Francis X. Bellotti Shantel Watters ’14, Professor Ingrid Hillinger, Monan, SJ, chancellor of Boston College. • The Loan Repayment and Forgiveness Program. and Marlin D. Rollins-Boyd ’14. 4) Martin Kane William J. Kenealy, SJ, Alumnus of the Year To nominate someone for an award for ’92 and Norman Jacobs ’64.

40 BC Law magazine | spring / summer 2012 BOOKSHELF

everal legal thrillers by Greaves makes the most in the BC Law graduates have of his mystery, sending Mac- community Shad readers in thrall in Taggart capering among the recent months. clubby horse set into the arms Foremost among them is of a beautiful woman and a 3L Generosity Defending Jacob (Dela- number of knotty situations— The 3L Class Gift Campaign wrapped court Press, New York, 2012) like a blackmail plot and get- up in May with a majority of the by William Landay ’90, a sus- ting framed for a murder. Class of 2012 showing their support. In the end, 62 percent (159) of the pense-filled whodunit and fam- As puzzling as things are students made a contribution to the ily psychodrama that catapult- at the Fieldstone Riding Club, Class Gift and raised $39,530 that will ed onto the New York Times they are rivaled by the goings- go towards the Law School Fund, the bestseller list in February and on at Henley & Hargrove, Francis X. Bellotti Loan Repayment remains there—for good rea- where the forces of good and Assistance and Forgiveness Program son. (Landay will speak at the evil are also hard at work. (LRAP), and scholarships. Board of Alumni Assembly November Throw in a creepy scien- Overseers Chair David Weinstein ’75 helped boost participation in 2. See www.bc.edu/lawreunion tist, a pampered horse owner, the campaign by implementing the for details.) an overworked veterinarian, Weinstein Challenge, which provided Assistant district attorney a few goons, and a medi- a matching gift for certain mile- Andy Barber’s comfortable cal laboratory break-in, and stone participation points the class suburban life in Newton dis- there’s precious little time to achieved. integrates over 421 agonizing think of anything else as the pages as the investigation into book races to its satisfying the murder of a boy leads to finish line. BAN Update At a luncheon following its annual his son, Jacob, a classmate of Greaves spent twenty-five meeting February 25, the Boston Col- the 14-year-old victim. Taken years as a trial lawyer in Los lege Law School Black Alumni Net- off the case, Barber must stand Angeles and now lives and work (BAN) welcomed Dean Vincent aside as his protégé uses every writes in New Mexico. This is Rougeau for a wide-ranging discus- tactic he has taught him to his first novel. sion about BAN’s relationship with prosecute his son. In Target: Tinos (Poi- the Law School and BAN’s support of black law students and BC Law’s Barber is hopelessly pater- soned Pen, 2012) by Jeffrey pedagogic objectives. It was also an nal in his refusal to believe Siger ’69, Chief Inspector opportunity for the newly invigorated Jacob could murder, even as Andreas Kaldis of Greece’s membership to hear the dean’s ideas those closest to the boy begin Special Crimes Division delves on how BAN can be a resource to the to doubt his innocence. When into the murder of two gyp- Law School. Barber reveals to his wife, Lau- sies found burned and bound During the annual meeting, outgo- rie, that he’s descended from a in the remnants of the Greek ing President Rex Gerlach-Brown ’07 provided updates on BAN initiatives, long line of killers, the question flag. Ordered to close the including fundraising, mentoring, of whether Jacob inherited a investigation by his boss, who and providing career advancement “murder gene” further twists fears that the killing could support to members. To address the the psychological plot. have political repercussions latter issue and to kick off the next Sketchy evidence, the pres- related to the country’s immi- year, early results of a first-ever needs ence of a known pedophile gration issues, Kaldis none- assessment membership survey were living in the vicinity of the theless forges ahead. also discussed. In other business, Judge Leslie E. murder scene, and a host of A mystery that relishes Harris ’84 swore in BAN’s new of- ingeniously crafted characters solving a murder as much as ficers: Susan Maze-Rothstein ’85 and and subplots all conspire to it does exploring the politi- Rosaline Valcimond ’05, Co-presi- keep doubts percolating. Even cal, historical, and psychologi- dents; DeWayne A. Powell ’84, First the surprise ending, which some have com- cal complexities of an ancient nation, Target: Vice President; Carla Reeves ’10 and pared to Scott Turow’s in Presumed Innocent, Tinos continues Siger’s tradition of well- Noah Grabisch ’11, Co-second Vice Presidents; Eleanor P. Williams ’06, leaves readers breathless and haunted. paced, evocative storytelling in this fourth Clerk; and Professor Emerita Ruth- Hush Money (Thomas Dunne, 2012) book in the Inspector Kaldis series. Arlene W. Howe ’74, Treasurer. by Charles J. Greaves ’81 introduces Jack Also new and noteworthy: The Tenant Entertainment at the luncheon MacTaggart, a young lawyer and the kind of Lawyer (iUniverse, Inc., Bloomington, was provided by the a cappella group protagonist who cries out for serialization. 2012) by Eric Dinnocenzo ’01. When Mark Black Experience in America Through Funny, smart, irreverent, and earnest enough Langley’s ethics get him fired from a Boston Song (BEATS) headed by BC under- to get himself into trouble, MacTaggart no law firm, he winds up as a lowly legal services graduate Courtney Walker, daughter of BAN member Chuck Walker ’78. sooner joins the Pasadena law firm Henley & attorney in Worcester’s housing court, where To access a video recording of the Hargrove than he’s chasing down answers in he stumbles onto a development fraud that conversation with Dean Rougeau, an insurance claim involving the suspicious pits him against his old bosses. go to http://www.bc.edu/schools/law/ death of a champion show horse. —Vicki Sanders alumni/association/ban.html.

www.bc.edu/lawalumni 41 CHA RLES G A U TH IER BC Law Generations r John T. Montgomery ’75 with his daughters,

Sarah H. Montgomery ’11 (left) and Laura A. Montgomery ’06

42 BC Law magazine | spring / summer 2012 [ E s q uire ] Class Notes

Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news Kathryn Cochrane Murphy ’75, a Pavarini has been listed in The announces that a special fund was and photos. Send submissions to partner at Boston-based Krokidas Best Lawyers in America for organized by members of the BC BC Law Magazine, 885 Centre & Bluestein LLP, was elected health care annually since 1991. Law Class of ’81 to contribute St., Newton, MA 02459-1163, or secretary of the American College $1,000 annually for the next email to [email protected]. of Real Estate Lawyers, and is Michael J. Puzo ’77 was several years to defray the cost a member of the organization’s elected town moderator of of law school teams attending REUNION Board of Governors and Hingham, MA. He is a partner the national law school softball 1960s [ ’62 & ’67 ] Executive Committee. at Hemenway & Barnes LLP in championship in Charlottesville, Boston and focuses his practice VA, each spring. Class members Gerald E. Farrell Sr. ’66 was Thomas P. Colantuono ’76, on trust and estate matters. who played with Jon Margolis appointed town attorney of former United States attorney for ’81 on the championship teams of Wallingford, CT, after serving 28 the District of New Hampshire, is Katherine M. Hanna ’79 was ’79–’81 have created a memorial years as assistant town attorney. of counsel at Bianco Professional appointed to the New Hampshire trophy that will be presented He continues the general practice Association in Concord, NH. Judicial Selection Commission annually to the law school of law with his twin daughters, by Governor John Lynch. champions in tribute to Jon and Ann Farrell Leslie ’94 and Thomas H. Mug ’76 is of counsel She is a partner and chair of his gift to all of us. Christine Farrell Grochowski ’94. and a member of the employee the health care practice group benefits practice group in the St. in the Manchester, NH, office Charles J. Greaves ’81 is the Richard G. Kotarba ’66 was Louis, MO, office of Greensfelder, of Sheehan, Phinney, Bass & author of two legal thrillers, included in the 2012 issue of Hemker & Gale PC. Green PA. Hush Money published by St. Pittsburgh’s Top Rated Lawyers Martin’s Press in May, and Hard in the field of construction law, Jill A. Hanken ’77 was featured Carl F. Schwartz ’79 is a partner Twisted due out in the fall. and has been listed in The Best in an article, “Poverty Lawyer and chair of the real estate group Lawyers in America annually Chips Away at Health Care in the New York, NY, office of Holly English ’83 a partner in since 1993 for real estate and Access Issues,” by Dawn Chase Hunton & Williams LLP. He was the Short Hills, NJ, office of since 1997 for construction and in the December 2011 issue of previously a partner with Herrick Nukk-Freeman & Cerra PC, real estate. He is senior counsel at Virginia Lawyer. She is a health Feinstein LLP in New York, NY. was among the honorees to Meyer, Unkovic & Scott LLP in care attorney at the Virginia receive the Platinum Award for Pittsburgh, PA. Poverty Law Center in Richmond, Howard J. Steinberg ’79 is a Private Sector Law Firm from VA, and the author of “The partner in the Los Angeles, CA, the New Jersey Women Lawyers Kevin B. Callanan ’67 is a partner Affordable Care Act Holds Great office of Greenberg Traurig Association. in the Norwell, MA, office of Promise for Virginia,” an article LLP and a member of the firm’s Stevenson, McKenna & Callanan published in May 2011 by the business reorganization and David M. Miller ’84 was LLP and practices employment University of Virginia’s Weldon financial restructurings practice. selected for inclusion in The Best and labor law. He previously Cooper Center for Public Service. He was previously a partner Lawyers in America for the third operated the Law Office of Kevin at Irell & Manella LLP in Los consecutive year. He is a partner B. Callanan in Norwell. James E. Harvey Jr. ’77 served as Angeles. at Erman, Teicher, Miller, Zucker editor in chief of the sixth edition & Freedman PC in Southfield, of Traps for the Unwary, the REUNION MI, and focuses his practice on Hon. Benjamin Jones ’69, a 4th ’82 & ’87 Massachusetts Bar Association’s 1980s [ ] bankruptcy, insolvency, out-of- Judicial District Court judge in Monroe, LA, was honored as the award-winning book on legal court workouts, and debtor and John P. Pucci ’80 is a partner and a 2011 Distinguished Jurist by the malpractice and ethics hazards for creditor rights. member of the litigation/alternative Louisiana Bar Foundation. civil practitioners. (In a previous class note, BC Law Magazine dispute resolution department in Charla Bizios Stevens ’84 was the Springfield, MA, and Boston Jeffrey M. Siger ’69 is the author incorrectly identified the named director of the Human offices of Bulkley, Richardson & of Target: Tinos, his fourth Chief book’s publisher.) Harvey is the Resources State Council of New Gelinas LLP. Inspector Andreas Kaldis novel, managing partner of O’Malley & Hampshire. She is a litigation published in the US in June by Harvey LLP in Boston. partner and a member of the Hon. Robert N. Scola Jr. ’80 Poisoned Pen Press. He left the employment, education, and was sworn in as a judge on the practice of law to write full- Peter A. Pavarini ’77 was named health care practice groups at United States District Court time in Greece, and participates president-elect designate of McLane, Graf, Raulerson & for the Southern District of as one of seven international the American Health Lawyers Middleton PA, and works from Florida, following nomination by crime writers in the Murder Is Association for a four-year term. the firm’s Manchester, NH, and President Obama. Everywhere blog. A partner in the Columbus, OH, Woburn, MA, offices. Charla office of Squire Sanders, he is a lives in Bedford, NH, with her REUNION member of the firm’s health care Michael Aylward ’81, a senior husband and children. 1970s [ ’72 & ’77 ] practice group and co-chair of partner in the Boston office its Health Reform Task Force. of Morrison Mahoney LLP, Dermot M. Groome ’85, as lead

www.bc.edu/lawalumni 43 [ E s q uire ]

is chair of the Massachusetts Supreme Judicial Court in the news Standing Committee on Pro Bono Legal Services, a member “When I think of the gift I received with this of the Massachusetts Judicial Nominating Commission, the experience and all that it’s meant in my life, Massachusetts Access to Justice I can’t help but get emotional. My life was Commission, the Massachusetts Commission on Judicial Conduct, changed forever by people like [Chief Judge and the Boston Bar Association Mark] Wolf. And I can’t comprehend all of that Council. without thinking about the people I’ve known Marc S. Lampkin ’91 is a partner in the Washington, DC, office who never got such a chance.” of Brownstein Hyatt Farber Schreck LLP. He was previously —Migdalia Bruno Nalls ’04, a Nelson Fellow while a high school student, speaking at the fifteenth lead Republican lobbyist, senior anniversary of the Judge David S. Nelson Fellowship program at the John Joseph Moakley Federal strategic advisor, and director of Courthouse in Boston (as reported in the Boston Herald, December 18, 2011). the Management Committee at Quinn Gillespie & Associates in Washington, DC. prosecutor in the trial of Bosnian Kevin J. Curtin 88, senior Darcy Kirk ’89, as newly elected Nancy D. Adams ’92 was Serb general Ratko Mladic at the appellate counsel in the Office president of the American elected secretary of the national International Criminal Tribunal of the Middlesex (MA) District Association of Law Libraries, Chartered Property Casualty for the former Yugoslavia (ICTY) Attorney, was presented with represented the association at Underwriters Society in October, at The Hague, was quoted in a the Ruth Abrams Outstanding the International Association of becoming just the sixth woman to New York Times article, “Former Attorney Award at the annual Law Libraries Annual Course on hold an executive officer position Bosnian Serb General Hears Middlesex District Attorney’s International Law Librarianship in the group’s sixty-seven-year Indictment, and Insults, as Trial Awards Ceremony in Woburn, in Kuala Lumpur, Malaysia. She history. At Mintz Levin Cohn Opens,” by Marlise Simons in MA. is a professor and the associate Ferris Glovsky & Popeo PC in May. He is a senior trial attorney dean for Library and Technology Boston, Adams is a member at the ICTY’s Office of the Lori E. Grifa ’88, former at the University of Connecticut in the litigation section and in Prosecutor and distinguished commissioner of the New Jersey School of Law in Hartford, CT. the firm’s insurance/reinsurance fellow in International Criminal Department of Community group, insurance/bankruptcy Justice and on-site director of the Affairs, returned to Wolff & REUNION group, and product liability and International Justice Externship Samson PC as a partner and chair 1990s [’92 & ’97 ] complex tort litigation group. at The Hague, Netherlands, at of the regulatory affairs group Penn State Law in University in the firm’s West Orange, NJ, William S. Landay ’90 is the Tamsin R. Kaplan ’92 is a Park, PA. office. author of Defending Jacob partner and a member of the published by Delacorte Press. business law, employment, and Sharon R. Ryan ’85 is senior Frederick S. Lane ’88 is the The feature rights for the book, litigation practice groups at vice president, general counsel, author of Raising Cyberethical his third legal drama, have been Davis, Malm & D’Agostine PC and corporate secretary at Kids: How a Family Acceptable acquired by Warner Bros. in Boston. International Paper in Use Policy Can Help, his seventh Memphis, TN. book. He is an author, attorney, Erin Cashman ’91 is the Hon. Donald J. Cannava ’93 was educational consultant, expert author of the debut novel, The appointed a judge on the Miami- Mark E. Young ’86 is president witness, and lecturer, and lives Exceptionals, a young adult Dade County Court in Miami, of ShiftCentral in Cambridge, with his partner, Dr. Amy Werbel, fantasy and her debut novel, FL, by Governor Rick Scott in MA. He was previously a partner and four boys in Burlington, VT. published by Holiday House December to a term that expires and chief marketing officer at in April. in 2014. Boston-based Foley Hoag LLP. Maria E. Recalde ’88 was named a director on the boards of South Susan M. Finegan ’91 was Joseph J. Centeno ’93, an equity Joseph H. Baldiga ’87, a partner Shore Health and Educational named a 2012 honoree for the partner in the Philadelphia, PA, in the creditors’ rights and Corporation and South Shore Excellence in Pro Bono Award by office of Obermayer, Rebmann, bankruptcy group at Mirick Hospital. She is a partner and Massachusetts Lawyers Weekly Maxwell & Hippel LLP, was O’Connell in Boston, was the chair of the corporate and the Massachusetts Bar named chair of the firm’s labor appointed to a four-year term department at Sheehan, Phinney, Association. She is a litigation relations and employment law on the Clients’ Security Board Bass & Green PA in Boston partner in the Boston office department. of the Supreme Judicial Court of and concentrates her practice of Mintz, Levin, Cohn, Ferris, Massachusetts. He and his wife, on technology and intellectual Glovsky & Popeo PC, and serves Suzanne M. Cerra ’93, co- Mary, and their two children live property transactions, litigation, as chair of the firm’s Pro Bono founder and president of in Hopkinton, MA. and counseling. Committee. In addition, she Nukk-Freeman & Cerra PC in

44 BC Law magazine | spring / summer 2012 [ E s q uire ]

Short Hills, NJ, was among the Philip J. Privitera ’95 was elected member of the Bay Area Quality in the Minneapolis, MN, office honorees to receive the Platinum president of the Middlesex Management District’s Spare of Fredrikson & Byron PA and a Award for Private Sector Law County (MA) Bar Association. the Air Leadership Committee, member of the firm’s corporate, Firm from the New Jersey He continues on the BC Law completed a five-year term on the securities, and nonprofit groups. Women Lawyers Association. Board of Overseers, established City of Richmond (CA) Economic and funded a Law School Development Commission, and Joshua S. Grossman ’99 is a Melissa J. Lea ’93 is president Graduation Day Prize and a is a member of the city’s General partner at Davis, Malm & and chief executive officer of Blitz Law School scholarship, and Plan Advisory Committee. D’Agostine PC in Boston and Media in Waltham, MA, where has commissioned a bronze focuses his practice on business, she previously served as interim statue of Saint Thomas More by Jennifer A. Creedon ’97 is a commercial, and civil litigation. president. She and her husband, Massachusetts sculptor Pablo partner and a member of the Ira, have two children and live in Eduardo for BC Law. He and his litigation and trial group in the REUNION ’02 & ’07 Newton, MA. wife, Toni-Ann, and their two Boston office of Verrill Dana LLP, 2000s [ ] children live in Arlington, MA. where she focuses her practice Katherin Nukk-Freeman ’93, on toxic tort defense, asbestos Adam J. Sulkowski ’00 is co-founder and CEO of Nukk- Michael B. Roth ’95 is a partner defense, product liability, and an associate professor of Freeman & Cerra PC in Short in the New York, NY, office of insurance coverage matters. business law and sustainable Hills, NJ, was among the SorinRoyerCooper LLC and development at the University honorees to receive the Platinum focuses his practice on corporate Fernando M. Pinguelo ’97 of Massachusetts Dartmouth Award for Private Sector Law and commercial litigation. moderated a panel for a program in North Dartmouth, MA, Firm from the New Jersey He was formerly special counsel entitled “Economic Espionage and specializes in research Women Lawyers Association. at Mintz & Gold LLP in New and Social Media: Where Are and teaching in the fields of York City. Your Data Tonight?” at the sustainable business, corporate Kyle A. Bettigole ’94, senior vice Spring Meeting of the American social responsibility, triple president and general counsel Mathieu J. Shapiro ’95 is Bar Association Section of bottom line reporting, integrated at the Princeton Review in co-author of “Director and International Law; and presented reporting, and corporate and Framingham, MA, was named Officer Liability,” a chapter in “Virtual Crimes, Real Damages environmental law. His MBA a 2012 “In-House Leader in the the third edition of Business Part II: What Businesses Can students at the Charlton College Law” by Massachusetts Lawyers and Commercial Litigation in Do Today to Protect Themselves of Business at UMass Dartmouth Weekly. Federal Courts published by the from Cybercrime, and What have, for the fourth consecutive American Bar Association Section Public–Private Partnerships Are year, researched, compiled, and H. Lockwood (Chip) Miller of Litigation. He is a litigation Attempting to Achieve for the published a sustainability report III ’94 is special counsel in the partner in the Philadelphia, PA, Nation of Tomorrow” and “Is on the societal, economic, and Princeton, NJ, office of Goldberg office of Obermayer, Rebmann, Social Media a Corporate Spy’s environmental progress of the Segalla LLP and practices in the Maxwell & Hippel LLP. Best ‘Friend’? How Media Use university. The 2010 edition was areas of life sciences, product May Expose Your Company to the first in the world published liability, and toxic tort and Andrew M. Apfelberg ’96, a Cyber-Vulnerability.” He is a by a university to achieve an environmental litigation. partner at Greenberg, Glusker, partner in the Bridgewater, NJ, A level of compliance with the Fields, Claman & Machtinger office of Norris McLaughlin & G3 guidelines of the Global Christopher A. Callanan ’95 is LLP in Los Angeles, CA, was Marcus PA. Reporting Initiative. a partner in the Boston office of elected president and chair of Stevenson, McKenna & Callanan the Los Angeles Chapter of Kimberly A. Lowe ’98 was Eric J. Dinnocenzo ’01 is the LLP and practices in the areas of the Association for Corporate elected secretary of the Hennepin author of The Tenant Lawyer, a employment litigation, personal Growth. County (MN) Bar Association novel published by iUniverse in injury, and sports law. for 2012–2013. She is a partner November 2011 and inspired by Kristen (Schuler) Scammon ’96 Joshua S. Goodman ’95 was is a founding partner of Torres, named a 2012 In-House Leader Scammon & Day LLP, a boutique in the Law by Massachusetts law firm specializing in complex In Memoriam Lawyers Weekly. He is general civil and criminal litigation, in counsel at Digitas, Inc., and Boston. She was previously an Sidney Weinberg ’43 John M. Stellato ’59 deputy general counsel at Publicis attorney in the Boston office Walter F. Sullivan ’47 Priscilla M. Stafford ’60 Groupe in Boston. of Mintz, Levin, Cohn, Ferris, Paul Sylvester Carosi ’48 Harold O. McNeil ’65 Glovsky & Popeo PC. Charles J. Alexander ’50 Aaron N. Wise ’65 Randall E. McMillan ’95 was Edward M. Lee ’50 Russell Lucid ’66 featured in an interview, “Down William C. Acevedo ’97, a Hon. Howard J. Camuso ’51 William N. Elin ’72 by Law: Randall E. McMillan,” partner and head of the green James H. Donovan ’53 James F. O’Brien ’73 by Dennis Malcolm Byron in the business practice group at Hon. Clement A. Ferris Sr. ’53 Edward P. Mannix ’76 March issue of J’Adore magazine. Wendel, Rosen, Black & Dean James M. McDonough ’53 Todd F. Simon ’80 He is the founder and president LLP in Oakland, CA, was Hon. Kevin H. White ’55 Susan J. Mazzola Ganz ’83 of McMillan Law PLLC in New appointed vice president of the Leslie R. Brimmer ’56 Ralph Scott Sawyer ’83 York, NY. Regional Parks Foundation William R. Sullivan ’56, Brian Martinuzzi ’94 Board of Directors. He is a George E. Donovan ’57

www.bc.edu/lawalumni 45 [ E s q uire ] his experience as a legal service Elizabeth Tedesco Milesnick of Sunstein, Kann, Murphy & Eastern District Attorney’s Office lawyer in Worcester, MA. He ’02 represented Oregon Timbers LLP in Boston and a in Salem, MA, having completed is a litigation lawyer in private Women Lawyers (OWLS) at a member of the firm’s IP litigation his clerkship at the Superior practice as the Law Offices of meeting of the Board of County and copyright practice groups. Court’s Business Litigation Eric Dinnocenzo in New York, Commissioners of Multnomah She is secretary of the Women’s Session and his externship with NY, and Bridgewater, NJ. County, OR, in March in Bar Association of Massachusetts the Hon. Margot Botsford at the celebration of Women’s History and co-chair of the Boston Bar Massachusetts Supreme Judicial Michael J. McGrail ’01 is a Month. An associate in the Association Federal Practice and Court. partner in the Boston office Portland, OR, office of Miller Procedure Committee. of Cooley LLP and represents Nash LLP, she is a member of the Asher S. Alavi ’11 is an associate companies and investors in a full OWLS Board of Directors and Lisa H. Lipman ’05 is president at the Philadelphia, PA, office range of corporate legal matters. historian on the organization’s of the Naples International Film of Pietragallo, Gordon, Alfano, Executive Committee. Festival Board of Directors. She Bosick, & Raspanti LLP and a Nicole K. Peppe ’01 is a partner is an attorney in the Naples, member of the firm’s federal and in the Boston office of Cooley Beth A. FitzPatrick ’03 is an FL, office of Gray Robinson state qui tam litigation practice LLP and concentrates her practice associate and a member of the PA and focuses her practice on group. on the formation of domestic and aviation practice group in the estate planning, trust and estate international investment funds. Washington, DC, office of Eckert, administration, probate litigation, Gavin W. Bruce ’11 is an Seamans, Cherin & Mellott LLC. and guardianship matters. associate at Lindsay, Hart, Neil Allan Caggiano ’02 is a partner & Weigler LLP in Portland, OR, in the Boston office of Mintz, Jonathan W. Giokas ’03 is a Eleanor P. Williams ’06 was and specializes in professional Levin, Cohn, Ferris, Glovsky & partner in the St. Louis, MO, included in the list of “40 malpractice defense, maritime Popeo PC, where he is a member office of Husch Blackwell LLP, Rising Stars 40 and Under” in law, and general litigation. of the construction law practice where he is a member of the real the February edition of Black group and focuses his practice on estate and development team. Enterprise magazine, and was Jeffrey S. Clark ’11 is an residential and commercial real presented with a formal award at associate at Hamilton, Brooks, estate. Justin G. Hamill ’03 is a partner the magazine’s Women of Power Smith & Reynolds PC in in the New York, NY, office of Summit in Orlando, FL. She is Concord, MA, and practices Theodore W. Connolly ’02 is of Paul, Weiss, Rifkind, Wharton the assistant vice president and in the areas of biotechnology, counsel at Looney & Grossman & Garrison LLP and focuses counsel at MassMutual Financial chemistry, medical devices, and LLP in Boston and focuses his his practice on mergers and Group in Springfield, MA. pharmaceuticals. practice on bankruptcy litigation, acquisitions. business reorganizations, and Kanasha S. Herbert ’07 was Lieutenant Renato DePaolis workouts. Gavin G. McCarthy ’03 is a appointed by Governor Deval ’11, a member of the Navy partner in the Portland, ME, Patrick to the Massachusetts Recruiting District New England, Michael L. Detweiler ’02 is a office of Pierce Atwood LLP Technology Development was named the US Navy’s 2011 partner at Marshall, Dennehey, and focuses his practice on class Corporation Board of Directors. Medical Officer Recruiter of the Warner, Coleman, & Goggin in action defense and construction She is an associate in the Boston Year. Philadelphia, PA, and focuses litigation. office of Foley Hoag LLP. his practice on civil defense Patrick T. Driscoll ’11 is an litigation, including travel law Alexa H. O’Keefe ’03 is a partner Barbara V. Cusumano ’08 is associate at Hamilton, Brooks, liability, construction litigation, in the litigation department and an associate in the labor and Smith & Reynolds PC in and products liability. a member of the government employment department at Bond, Concord, MA, and practices in all investigations and white collar Schoeneck & King PLLC. She areas of intellectual property law. Gregory S. Fine ’02 is a partner defense practice group at Nutter was formerly an associate at in the Boston office of Mintz, McClennen & Fish LLP in Kaufman Borgeest & Ryan LLP Gregory P. Howard ’11 is an Levin, Cohn, Ferris, Glovsky & Boston. in NY. She also serves as leader associate in the North Adams, Popeo PC and focuses his practice of the New York Chapter and MA, office of Donovan & on middle market mergers and Nicole M. Sahagen ’03 is a vice president of the Alumni O’Connor LLP. acquisitions and private equity partner in the real estate practice Board of the BC Law Alumni financings. group in the Los Angeles, CA, Association. Olivia T. Nguyen ’11 is an office of Buchalter Nemer. associate in the Boston office Cynthia M. Guizzetti ’02 is Michelle McGuiness Wong of Fish & Richardson PC and a a partner in the litigation Christine L. Uri ’03 is corporate ’09 is in-house counsel at Advent member of the firm’s intellectual department of Nutter McClennen counsel at Galois, Inc., in International in Boston. She was property litigation group. She & Fish LLP in Boston and Portland, OR. Formerly with previously a corporate associate was formerly an intern at the concentrates her practice on Portland-based Tonkon Torp LLP, Office of the Middlesex (MA) in the Boston office of Dewey & complex commercial litigation. she is active in the city’s business District Attorney. LeBoeuf LLP. community and serves on the Jason L. Kropp ’02 is a partner Board of Directors of Girls Inc. Jessica Yau ’11 has joined the in the corporate practice group at of Northwest Oregon. 2010s Boston law firm of Laredo & Wilmer, Cutler, Pickering, Hale & Smith LLP as an associate in the Dorr LLP in Boston. Meredith L. Ainbinder ’04 is a business litigation and business Paul C. Wagoner ’10 is an partner in the litigation practice law practices. appellate prosecutor in the

46 BC Law magazine | spring / summer 2012 Hooray! [ BC Law Commencement 2012]

Wherever you go from here, whether it’s the courtroom or “ Congress, use your talents, your “education, your value system to bring people together. See the law as you were taught it here at BC. —Victoria Reggie Kennedy, Commencement Speaker suzi ca m a r ata

www.bc.edu/lawalumni 47 [ F a c u l t y ] news & research

hugh ault takes pride in having changed the minds of students who thought tax law would be boring.

How Hugh Ault Found His Muse

And other stories about BC’s peripatetic tax philosopher

rofessor Hugh Ault is Skyping from it today as I was forty years ago. It was a Clearly. Paris, where he spends half the year beautiful spring day here, but I couldn’t The truth is, Ault crossed the threshold Pas adviser to the Organization for think of anywhere else I’d rather be than to emeritus status at BC Law School this Economic Cooperation and Development with experts in a room in Paris.” He spring, so, technically, he’s retired. While (OECD). He has arrived home from a chuckles. “I’m a blessed person that early mere mortals might find that a reason to day-long meeting on international taxa- on in my career I found something I just indulge in a life of leisure, for Ault it is tion, and he’s ecstatic. “I just love this loved, and I don’t find any diminution in anything but. “I will be professor emeritus stuff, and I’m still as enthusiastic about my enthusiasm.” at BC, consulting at the OECD, involved

48 BC Law magazine | spring / summer 2012 [ F a c u l t y ]

conveyed to his students that one could Hugh taught tax as an intellectual inquiry in which study the social fabric of a society through he conveyed to his students that one could study its tax code, especially in how a society weighs the distribution of wealth. Students the social fabric of a society through its tax code. have always respected him for his ability to teach tax, not as a course in numbers, but as a course on the interpretation of a code in a number of research institutions, and tember 2012, a conference in Ault’s honor and on policy.” on a board where tax issues are being con- will be held. Looking back on his career, Ault cites sidered,” he says. “If I can cut work down “Throughout his extensive career, Hugh two of his proudest achievements, the first: from 150 percent to 75 percent to have has appreciated the long-term dynamic of “educating a few generations as to how time for family and travel, I would be very policy interactions in the international tax important tax law is to being a lawyer happy. The idea of playing golf and taking arena,” says fellow tax scholar Diane Ring. and being a good citizen,” he says. Second cruises doesn’t appeal.” “This awareness has been invaluable in his is the OECD’s formation of the Global As a multi-lingual scholar known the work with the OECD, which has increas- Forum on Transparency and Exchange of world over for his tax law acumen and as ingly drawn upon the experiences and Information. The 15-year effort brought the author (with Brian J. Arnold) of the needs of a widening array of jurisdictions together 100 countries and essentially elim- definitive Comparative Income Taxation: A and tax administrations.” inated bank secrecy as a mechanism for Structural Analysis, now in its third edition, Professor Sanford Katz and Ault go evading and avoiding taxes. “I worked on Ault seemed destined for a different life way back; both arrived at the Law School it when it was a tiny acorn,” he says “and when he left his home state of Washington in 1968 and have brought distinction to it has grown into an important pillar in the to study philosophy at Harvard. Afterward, BC Law. “Hugh is considered the giant international tax world.” while in Germany as a Fulbright scholar in international tax in his generation of Sounds like an apt description of the researching Martin Heidegger, he came to tax professors,” Katz says. “He taught man himself. a surprising realization: “I didn’t want to tax as an intellectual inquiry in which he —Vicki Sanders spend the rest of my life doing this.” So what would it be? Inspired by a constitutional law course he’d taken at Harvard, Ault returned to his alma mater “Steuervereinfachung im with Non-OECD Countries, Hugh Ault for law school. In a class on taxation with Internationalen Vergleich” Fes, Morocco, 2009. at a Glance in Steuervereinfachung, William Andrews, Ault found his elusive Lecture, “21st Century O. Schmidt, (1998) muse. Tax law, he discovered, is applied Education Challenges for Tax Policy metaphysics. “That’s what made tax law AB, LLB Harvard “Corporate Integration, Tax Makers and Tax Administra- such a perfect choice for me,” he said in a Treaties, and the Division tors,” Japanese National Select Publications of the International Tax Tax Administration, Tokyo, BC Law Magazine interview in 1999. “It Comparative Income Taxa- Base: Principles and Practic- March 2007. satisfied the conceptualization I liked in tion: A Structural Analysis es” in Tax Law Review (1992) philosophy but also my interest in answer- (with Brian J. Arnold), 3rd Select Activities “Oversikt av Principiella och edition, Kluwer Law Interna- Chair, Steering Group of ing questions that had an impact both on Tekniska Fragor vid Inforan- tional, 2010. the International Network the broad structure of tax law and on how det av ett Integrerat Bolags- for Tax Research people managed their daily affairs.” Ault Introduction to United beskattningssystem” in Skatt contends that it helps explain the vagaries States International Taxa- Pa Vinst Och Skatt pa Utdel- Board of Trustees, Interna- of human conduct—what happens when tion, multiple editions ning (1984) tional Bureau of Fiscal Documentation, Amsterdam you set up a company, get a divorce, do Federal Income Taxation, “Harmonization of Company business in Canada, break a leg and have multiple editions Law in the European Eco- Scientific Advisory Board nomic Community” in Hast- (Fachbeirat) of the Max to pay medical costs. “Recent Treaty Develop- ings Law Journal 20 (1968) Planck Institute for Tax Law Ault’s understanding of the big picture ments in the Arbitration of and Public Finance, Munich and appreciation for real-life applications International Tax Disputes” Select Presentations in Festschrift for John Avery has earned him the respect of tax authori- Panelist, University of Michi- Awards Jones, 2010 ties worldwide. As early as his second year gan Law School, the Inter- Honorary Doctorate, Stock- on the faculty at BC Law, he was invited “Reflections on the Role national Network for Tax holm University, 1994 by his mentor, Stanley Surrey, a Harvard of the OECD in Developing Research and the American Honorary Doctorate, law professor and assistant treasury sec- International Tax Norms” in Journal of Comparative, Catholic University of Leu- retary for tax policy in the Kennedy and Brooklyn Journal of Interna- conference on “Comparative ven, Belgium 2003 tional Law (2009) Tax Law: Theory and Prac- Johnson administrations, to collaborate on tice,” Ann Arbor, Michigan, Teacher of the Year Award, “Le travail accompli par Federal Income Taxation. It became the October 2009. Boston College Law School, definitive federal tax casebook. Some four l’OCDE et son esprit” in Re- 1969-70 vue internationale de droit Session Chair of OECD Advi- decades later, at the Boston Congress of économique (1999) sory Group for Co-operation the International Fiscal Association in Sep-

www.bc.edu/lawalumni 49 [ F a c u l t y ]

PROFILE Out of Ruins, A Mind Turns to Law

Perju builds a future out of constitutional scholarship

wasn’t clean enough,” says Perju, declining to elaborate except to say that the putative transgression was actually his grandfather’s, not his father’s. After getting his law degree from the University of Bucharest, Perju went on to graduate study at the European Academy of Legal Theory, in Brussels, and eventually at Harvard Law School. Years of living in a system where one man was the law and where sons had to bear the “sins” of their fathers fueled Perju’s interest in democratic constitutions, his academic specialty and the subject of his doctoral dissertation at Harvard. While working on the doctorate, he met Professor Renée Jones, who informally recruited him for an opening at BC Law School. He has taught at BC Law since 2007. Many of the questions asked in American law have been answered with enormous sophistication by courts in other parts of the world. A childhood lived under a repressive regime led to Perju’s fascination with democratic constitutions and to his place at the center of This January, Perju was named associ- debate over whether US judges should consider ate director of the Clough Center for the foreign law in their opinions. Study of Constitutional Democracy at Bos- ton College, which sponsors conferences and lectures, funds research, and hosts the Boston Area Public Law Workshop, a discussion group for local scholars of law and CAITLIN CUNNINGHAM the social sciences. At the center, he aims to “continue the existing programs that focus ssociate Professor Vlad Perju, in the room “jumped on me and kissed on American democracy,” he says, “but who grew up in Romania, vividly me. They said it was already too late for also to start to think more about Europe, Aremembers the day in 1989 when them—their lives had been ruined” by the and the European state, and also about the dictator Nicolae Ceauşescu fell. The dictatorship “but that I would benefit.” other parts of the world—China, Brazil, eleven-year-old Vlad happened to be visit- Benefit he did. While the transition to South Africa.” ing an auto dealership with his family; hav- democracy took longer in Romania than Two of Perju’s recent law review articles ing spent a decade on the waiting list, they in other former Soviet satellites, it allowed and an entry in the forthcoming Oxford were finally going to get a car. When news Perju to study law when he reached college Handbook of Comparative Constitutional of Ceauşescu’s overthrow came over the age, a curriculum his father had been barred Law partake of this same cosmopolitan- dealership’s radio, Perju says, the adults from pursuing. “His [government] file ism. The handbook entry discusses how

50 BC Law magazine | spring / summer 2012 [ F a c u l t y ] legal ideas move from country to country. In the law review pieces, he engages the roiling controversy over whether US judges Academic Vitae should cite foreign legal thinking in their opinions. “It was a topical debate because Compiled and Edited by Deborah J. Wakefield the Supreme Court had just used foreign law in a number of cases,” he explains, “and that seemed like a good starting point Richard Albert Alexis J. Anderson Assistant Professor Associate Clinical Professor for a discussion of the globalization of law in the American context.” Presentations: “The Rediscovery of the Recent Publications: With Lynn Barenberg The consideration of foreign law in Founding Design of the Establishment and Carwina Weng. “Challenges of ‘Same- Clause,” symposium entitled “The Future of ness’: Pitfalls and Benefits to Assumed Con- those Supreme Court cases—Atkins v. the Establishment Clause in Context: Neu- nections in Lawyering.” Clinical Law Review Virginia and Roper v. Simmons (on capital trality, Religion, or Avoidance?” Duquesne 18 (2012): 339–399. punishment for the mentally disabled and University School of Law, Pittsburgh, PA, in juveniles, respectively) and Lawrence v. Nov. “Process and Procedure in American Charles H. Baron Texas (on state sodomy laws)—stirred a Constitutionalism,” panel entitled “Article Professor Emeritus violent reaction, both in dissenting opin- V: To All Intents and Purposes,” Section on Presentations: “Assisting Terminally Ill ions by Justice Antonin Scalia and in Constitutional Law, Association of American Patients to Die: What Does the Law Say?” Law Schools (AALS) 2012 Annual Meeting, Harvard Medical School in Dec. “Legalizing Congress, where a constitutional amend- Washington, DC, in Jan. “Nonbinding Judi- ment was proposed forbidding judges to and Regulating Physician Assisted Suicide,” cial Review,” conference entitled “Beyond Roger Williams School of Law, Bristol, RI, consider foreign law, as judges in most Montesquieu: Rethinking the Architecture of in April. countries now do routinely. Contemporary Governance,” University Col- Perju invokes two major reasons for lege Dublin, Dublin, Ireland, in March. “Our New Appointments: Member, Scientific judges to look across national boundar- Amoral Constitution,” faculty workshop, Committee, Fondazione Cariplo Scientific Research Unit, Milan, Italy. ies. “I believe that openness to other Washington and Lee University, Lexington, VA, in March and the University of Kansas, experiences in self-government is what Lawrence, KS, in April. Paulo Barrozo the liberal commitment to freedom and Assistant Professor Activities: Plenary panel moderator, “Politi- equality requires,” he says. “Also, different Recent Publications: “Fact Therapy.” Review cal Crises and Constitutionalism: Money, countries can learn a lot from one another. of The Collapse of American Criminal Jus- Crisis, and Constitutional Power,” AALS Many of the questions asked in American 2012 Annual Meeting, Washington, DC, in tice, by William J. Stuntz. Commonweal. law have been answered with enormous Jan. Discussion moderator, “The Politics and March 23, 2012, 22. sophistication by courts in other parts Process of Selecting Federal Judges,” BC Law Works in Progress: Law as Moral Imagina- of the world.” He cites positive rights— Student Chapter, the Federalist Society, BC tion. the rights to education and shelter, for Law in Feb. Judge, League of Women Voters Presentations: “Article 39 of the Hague Con- instance—and equal protection, especially Third Annual Civics Bee, Weston, MA, in March. Inaugural conference organizer and vention and Adoption as a Human Right,” in cases involving disparate impact, as moderator of the plenary panel on compara- Ninth Annual Adoption Law and Policy Con- areas where foreign law can offer useful tive constitutional law, “New Perspectives ference, New York Law School, New York, models for American jurists. in Comparative Law,” American Society of NY, in March. But if looking over borders makes such Comparative Law Younger Comparativists Alex Berrio Matamoros Committee, George Washington University evident good sense for American judges, Educational Technology Specialist, Legal Law School, Washington, DC, in April. why the stiff resistance to it? “The Ameri- Information Librarian, and Lecturer in Law can Constitution has a very long and dis- New Appointments: Co-chair, Program Com- Presentations: “Putting It All Together: Legal tinguished history,” Perju says, “and it has mittee, AALS Section on Law and Religion. Research Strategy,” Law Librarians of New Member, Executive Committee, AALS sec- developed complex mechanisms for struc- England Legal Research Instruction Program, tions on Comparative Law and Southeast turing power, and an enormously sophisti- Harvard Law School Library, in April. cated discourse that would change if foreign Asian Studies. Reappointed chair, Ameri- can Society of Comparative Law Younger Activities: Member, 2012 Boston College law becomes part of the canonical referenc- Comparativists Committee. Reappointed to Teaching with New Media Awards Selec- es. So I think there’s a fear of unnecessary the Executive Committee, AALS Section on tion Committee. Attended the American Bar risk, risk of a change whose consequences Constitutional Law. Association (ABA) Law Practice Management cannot be known in advance.” Section’s ABA TECHSHOW 2012 Confer- American provincialism may have also Filippa Marullo Anzalone ence and Expo, Chicago, IL, in March. Professor and Associate Dean for Library and played a role, he says. “America,” he says, Technology Services Mary Sarah Bilder “is a strange combination of idealist uni- Professor versalism and provincialism—the idealism Activities: Panelist, “The Present Day Evolu- tion of Law Librarianship,” Association of of ends and the provincialism of means. Recent Publications: With Sharon Hamby Boston Law Librarians Spring Educational O’Connor. “Appeals to the Privy Council That is one of the tensions that lies at the Meeting, Suffolk University Law School, before American Independence: An Anno- core of the American mind.” Boston, in March. tated Digital Catalogue.” Law Library Jour- —David Reich nal 104, no. 1 (2012): 83–97.

www.bc.edu/lawalumni 51 [ facult y ]

Works in Progress: “How Bad cates Personal Rights.” The Irish Karen Breda Proposals for Improving the Were the Original Records of the Jurist 46 (2011): 38–73. Legal Information Librarian and Law School Curriculum While Federal Convention?” George Lecturer in Law We Await More ‘Integrated’ Washington Law Review 80 Works in Progress: Cases on Reform.” Recent Publications: “Massa- (forthcoming Fall 2012). Criminal Procedure. With Mark S. Brodin. Criminal Procedure: chusetts Implements Municipal Presentations: “Discovery Obliga- Presentations: “How Bad Were The Constitution and Police. 7th Health Insurance Reform.” tions under Brady v. Maryland,” the Original Records of the ed. New York: Aspen Publishers. American Bar Association TIPS Suffolk County (MA) District Federal Convention?” History Insurance Regulation Committee Attorney’s Office, Boston in of the Book Seminar, “Book Activities: Panel moderator, Newsletter (Winter 2012): 10. March. Historical Approaches to Legal “Was Trayvon Martin Inherently Activities: Served on a panel of History in the Early American Suspicious? Racial Profiling: Service: Chair, BC Law Admis- judges, Boston Chapter, Char- Republic,” Mahindra Humanities Exploring Subconscious Preju- sions Committee. Member, tered Property and Casualty Center Seminar in the History of dice,” BC Law in April. Supreme Judicial Court Stand- Underwriters Society 2011 Schol- the Book, Harvard University in ing Advisory Committee on the E. Joan Blum arship Program. Rules of Professional Conduct. March. Associate Professor of Legal New Appointments: Member, Activities: Presented brief Reasoning, Research, and Mary Ann Chirba American Bar Association (ABA) remarks and participated in a Writing Professor of Legal Reasoning, TIPS Professional Officers and panel, BC Law Open House for Research, and Writing Presentations: “Two Practice Directors Liability Committee. Admitted Students in March. Prep Exercises,” New England Works in Progress: With Alice Service: Lawyer-mentor in the Service: Member, Search Com- Consortium of Legal Writing Noble, O’Melveny, and Myers. National Mentor Program for mittee for editor in chief of the Teachers Legal Writing Confer- The Affordable Care Act: A Lawyers and Law Students with Law and History Review. ence, University of New Hamp- Treatise on Federal Health Care shire Law School, Concord, NH, Disabilities, ABA Commission Reform. New Providence, NJ: Robert M. Bloom in Dec. on Disability Rights. Involved in LexisNexis/Matthew Bender, Professor fundraising for the Crohn’s and forthcoming 2012. Other: Selected as a Fulbright Colitis Foundation of America Recent Publications: With Erin Specialists Roster candidate for a and the Leukemia and Lym- Other: Invited contributor to the Dewey. “When Rights Become five-year term. phoma Society. Health Affairs blog regarding the Empty Promises: Promoting an US Supreme Court arguments Exclusionary Rule that Vindi- Mark S. Brodin about the constitutionality of the Professor Affordable Care Act in March. Promoted to professor. Recent Publications: “Bush v. Gore: The Worst (or at least Daniel R. Coquillette second-to-the-worst) Supreme J. Donald Monan, SJ, Professor Rougeau Among Top Court Decision Ever.” Nevada of Law Law Journal 12, no. 3 (2012): 563–570. Presentations: “Explaining Black Attorneys the History of Harvard Law Activities: Moderator, William School,” Harvard Law School in featured in the “power 100” P. Homans Jr., Esq. Endowment Feb. “Past the Pillars of Hercu- ean Vincent Rougeau ism as part of the Contending program, “Political Repression, les: Francis Bacon and the ‘Sci- Now and Then: The Persistence was named one of the Modernities project sponsored ence of Rulemaking,’” University of Paranoia in American Poli- of Michigan Law School, Ann 100 most influential by the Kroc Institute for Inter- D tics,” sponsored by the Supreme Arbor, MI, in March. “A Look black attorneys in the United national Peace Studies at Notre Judicial Court Historical Society at Harvard Law School’s History States by On Being a Black Dame. and the ACLU of Massachusetts through Its Buildings and Lead- Lawyer (OBABL). In February, OBABL, a social media in Boston in March. Panelist, ers,” Wasserstein Hall, Caspersen he appeared in the group’s The firm providing research, career “Was Trayvon Martin Inherently Student Center, Clinical Wing Power 100 Special Edition and development, and brand mar- Suspicious? Racial Profiling: Dedication Ceremony, Harvard Exploring Subconscious Preju- Law School in April. was honored at a reception in keting opportunities to clients, dice,” BC Law in April. Washington, DC. was founded in 2008. It has Activities: Attended a senior An expert in Catholic social been recognized by the Ameri- R. Michael Cassidy editors meeting, Moore’s Federal thought, Rougeau’s most recent can Bar Association, National Professor Practice, New York, NY, in Dec. As reporter to the Standing book, Christians in the Ameri- Black Students Association, and Recent Publications: With Committee on Rules of Practice Gregory I. Massing. “The Model can Empire: Faith and Citizen- National Association of Black and Procedure of the Judicial Penal Code’s Wrong Turn: ship in the New World Order, Journalists. Conference of the United States, Renunciation as a Defense to was released in 2008 by Oxford To read Rougeau’s profile in attended a meeting of the Stand- Criminal Conspiracy.” Florida University Press. He is the lead- The Power 100 Special Edition, ing Committee, Phoenix, AZ, in Law Review 64, no. 2 (2012): Jan.; the Advisory Committee er of a research group on global visit http://www.obabl.com/ 353–385. migration and cosmopolitan- special-editions/. on Bankruptcy Rules, Phoenix, Works in Progress: “Beyond AZ, in March; and the Advisory Practical Skills: Nine Modest Committee on Appellate Rules,

52 BC Law magazine | spring / summer 2012 [ F a c u l t y ]

Washington, DC, in April. With Law, Chicago, IL, in Nov. “The Hon. Mark Kravitz, chair of Politics of Federalism: Self-Inter- the Standing Committee, met in est or Safeguards? Evidence from March with the chief justice of Congressional Control of State Keeping Ahead the United States to discuss pend- Taxation,” National Tax Associ- ing rule changes. ation 104th National Conference of Patent Law on Taxation, New Orleans, LA, Service: Continues as chair, BC in Nov. “Myopia, Fiscal Federal- Conference explores issues in quick-changing field Law Judicial Clerkship Com- ism, and Unemployment Insur- mittee; member, Boston College ance,” Tax Policy Center/UCLA oston College Law Committee to Evaluate Endowed Tax Policy Conference, UCLA Chairs; trustee-director, Har- School of Law, Los Angeles, CA, School hosted the second vard’s Ames Foundation; over- in Feb. “Charities in Politics: A B annual Patent Confer- seer, Massachusetts Historical Reappraisal,” University of South ence, or PatCon 2, on May Society; and vice president, Colo- Carolina School of Law, Colum- 11-12, bringing together schol- nial Society of Massachusetts. bia, SC, in April. “Is Inside Debt Director, Harvard Law School ars in patent law and innova- Efficient?” Annual Meeting of tion from across the nation History Project. the American Law and Econom- and different disciplines. Senior Other: Instrumental in the pas- ics Association, Stanford Law counsel at Boston-area inno- sage through Congress of the School, Stanford, CA, in May. Appeal Time Clarification Act of vation firms also shared their Promotions: Promoted to associ- views from the trenches in a 2011, Coquillette was presented ate professor at BC Law, effec- with a copy of the original signed tive Aug. 2012. special panel, which can be by President Obama in Nov. viewed online at www.bc.edu/ With past and present chairs of Other: Signed an amicus brief patcon. the Standing Committee on Rules on the Affordable Care Act case, Dean Vincent Rougeau, in David Olson of the Judicial Conference of the US Department of Health and welcoming participants to the United States, was honored to Human Services v. Florida. attend a meeting, and then lunch, conference, noted the signifi- with six justices of the Supreme Frank J. Garcia cant need for academic study the conference, with panels tar- Court of the United States, Professor in this area given the growing geting contemporary problems Washington, DC, in Nov. Recent Publications: With Chios importance of patents. In 2011, in patent practice and adju- Brian D. Galle Carmody and John Linarelli, inventors filed over 530,000 dication, including the 2011 Assistant Professor co-editor. Global Justice and patent applications (a 5.2 per- America Invents Act (the most International Economic Law: cent increase from 2010), and significant patent system over- Recent Publications: “The Role Opportunities and Prospects. 245,000 new patents were haul since 1952); the Supreme of Charity in a Federal Sys- New York: Cambridge University issued, leaving a backlog of 1.2 Court’s increased activity in tem.” William and Mary Law Press, 2012. Review 53, no. 3 (January 2012): million patents pending. The patent law; the Federal Circuit’s 777–851. With Kirk J. Stark. Works in Progress: With Lindita Patent Office also issued its 8 unique adjudicatory role in the “Beyond Bailouts: Federal Tools Ciko. “Theories of Justice and millionth patent in 2011. There legal system; how to make pat- International Economic Law.” for Preventing State Fiscal Cri- are more than 2,500 patent ent disclosure effective; which In Research Handbook on ses.” Indiana Law Journal 86 no. lawsuits each year, with judg- patent systems are better for 2 (Spring 2012): 599–644. Global Justice and International Economic Law, edited by John ments that have reached almost different inventors; and the Works in Progress: With Kelli A. Linarelli. Edward Elgar, forth- $1 billion in some cases. increasing amount of litigation Alces. “Is Inside Debt Efficient?” coming 2012. “Comment: Doha, Businesses increasingly treat brought by “patent trolls.” Journal of Corporation Law Security, and Justice: A Response patents as assets to be mone- As the participants departed, (forthcoming 2012). “Charities to Prof. Raj Bhala.” University of tized or to be bought defensive- they hailed PatCon 2 as a highly in Politics: A Reappraisal.” Wil- St. Thomas Law Journal (forth- ly. In major “defensive” acqui- successful exchange of ideas liam and Mary Law Review 54 coming 2012). (forthcoming 2012). “Myopia, sitions in the last two years, an and information, but agreed Fiscal Federalism, and Unem- Presentations: “Doha, Security, alliance including Apple and that there is much more to be ployment Insurance: Time to and Justice: A Response to Prof. Microsoft bought 6,000 pat- done. Boston College Law will Raj Bhala,” Law Journal Lecture, Reform UI Financing.” ents from Nortel Networks. continue to be at the forefront University of St. Thomas School Presentations: “Effects of the of Law, Minneapolis, MN, in Microsoft also bought more of the conversation as one of Affordable Care Act on US Fiscal Nov. “CAFTA, Hemispheric than 800 patents from AOL for the four sponsoring institutions Federalism,” NYU/UCLA Tax Trade, and Economic Justice,” $1.1 billion, many of which it and permanent rotating hosts Policy Conference, UCLA School Lauterpacht Centre for Interna- subsequently sold or licensed to of the annual Patent Confer- of Law, Los Angeles, CA, in Oct. tional Law, Cambridge Univer- Facebook for $550 million. ence. PatCon was founded in “The Politics of Federalism,” sity, Cambridge, England, in Feb. Boston College Law Pro- 2010 to provide an exclusive Sixth Annual Conference on Empirical Legal Studies, North- Activities: Director, BC Law/ fessor David Olson organized forum on patent research. western University School of King’s College London Pro- gram. Discussant, World Trade

www.bc.edu/lawalumni 53 [ F a c u l t y ]

ington Post, January 19, 2012. discuss the arguments at the “Choice and the Free Market,” United States Supreme Court The Montreal Review, January over President Obama’s Afford- Kari Hong Joins Faculty 2012. able Health Care Act.

Family law, criminal defense are strengths Presentations: “The Myth of Dean M. Hashimoto Choice,” Center for the Study of Associate Professor Law and Society Speaker Series, ari Hong, a family law University of California Berke- Recent Publications: With L. scholar and prolific ley School of Law; Duke Law Boden, et al. “Occupational K criminal defense attor- School, Durham, NC; Faculty Injuries among Nurses and Aides ney in California, joins the Law Speaker Series and the American in a Hospital Setting.” American School as an assistant professor Constitution Society Student Journal of Industrial Medicine Chapter, University of North 55, no. 2 (February 2012): this fall. 117–126. With J. Dennerlein, et “Kari is an extremely bright Carolina School of Law, Chapel Hill, NC; BC Law Alumni Chap- al. “Ergonomic Practices within and talented lawyer and profes- ter, Los Angeles, CA; Books, Patient Care Units Are Associ- sor,” said BC Law Dean Vin- Inc., Berkeley, CA; and Vermont ated with Musculoskeletal Pain cent Rougeau. “Her addition Law School, South Royalton, and Limitations.” American will build upon our strengths in VT, in Nov.; Faculty Colloquia, Journal of Industrial Medicine 55, no. 2 (February 2012): family law and immigration, as University of Washington School 107–116. well as criminal defense. We’re of Law, Seattle, WA, in Dec.; Kari Hong Law Faculty Workshops Spring very lucky to have her.” Service: As chair of the Health 2012, Florida International Uni- Hong received her BA from Care Services Board of the Mas- versity College of Law, Miami, sachusetts Department of Indus- Swarthmore College and her in California. Hong’s most FL, in Jan.; the Algonquin Club, trial Accidents, developed the JD from Columbia Law School, recent legal victory before the Boston in Feb.; and University of revised Chronic Pain Treatment where she was an editor for Ninth Circuit involved a com- Saskatchewan, College of Law, Guideline. the Columbia Law Review and plicated question about eligibil- Saskatoon, Saskatchewan, Can- won the Samuel I. Rosenman ity for a form of discretionary ada, and BC Law Alumni Chap- Gregory A. Kalscheur, SJ ter, Providence, RI, in March. Associate Professor Prize for academic excellence in relief from deportation, known public law courses and for out- as Section 212(c) relief. BC Law Activities: Panel moderator, Recent Publications: “Conscience standing qualities of citizenship Professor Dan Kanstroom, an “Culture Shock,” BC Law in and Citizenship: The Primacy of and leadership. She clerked for expert in immigration law and Nov. Moderator, DOMA Panel Conscience for Catholics in Pub- Discussion sponsored by Lambda lic Life.” In Voting and Holiness: the Honorable Jeremy Fogel, human rights, called the case “a Law Students Association and Catholic Perspectives on Political US District Court of the North- great victory on an important the Federalist Society, BC Law in Participation, edited by Nicholas ern District of California, and issue.” March. Panelist, “Holding Cor- P. Cafardi. New York: Paulist the Honorable Sidney Thomas, Hong has taught at the Uni- porations Accountable for Their Press, 2012. Originally published Ninth Circuit Court of Appeals, versity of San Francisco School Crimes,” Control the Corpora- in Journal of Catholic Social before entering private practice. of Law as an adjunct profes- tion Conference sponsored by Thought 6 (2009): 319–336. Ralph Nader and the Center for Hong has prepared more sor. Her scholarship focuses Study of Responsive Law, Carn- Presentations: “Engaging the than ninety actions in the US on the parent-child relation- egie Institute, Washington, DC, Catholic Intellectual Tradition,” Court of Appeals for the Ninth ship with an emphasis on how in April. Emmanuel College, Boston in Circuit, representing non-citi- family doctrines are altered or April. Service: Member, Organizing zens in immigration and asylum distorted when applied in other Committee, 2nd Annual Direc- Activities: Invited conference cases and criminal defendants legal areas. Her articles have tors’ Program on Corporate Gov- participant, “International Net- accused of white collar crimes, been published in the California ernance sponsored by BC Law working in the Society of Jesus: violent felonies, and drug-relat- Western Law Review and the and the Boston College Carroll Challenges from a Universal ed offenses. She has prepared Columbia Journal of Gender School of Management’s Center Mission” sponsored by the Jesuit for Corporate Citizenship. Institute, the Graduate School of over forty state criminal appeals and Law. Social Work, and the Center for Other: Recipient of the 2012 Ignatian Spirituality at Boston Anthony P. Farley Excellence in College in April. Teaching Award presented by the BC Law Black Law Students Daniel Kanstroom Organization Scholars’ Forum, of Law, London, England, in Association. Made numerous Professor and Director of the “New Voices: WTO and Devel- March. appearances on radio to discuss International Human Rights opment,” University College his book, The Myth of Choice, Program Kent Greenfield London Faculty of Law, London, in Boston; Seattle, WA; New England, in Feb. Professor Recent Publications: “Immigra- Orleans, LA; Miami, FL; San tion Law: Current Challenges Other: Consultant, “Globalizing Recent Publications: “How to Francisco, CA; and Hartford, and the Elusive Search for Legal the Law School Curriculum,” Make the ‘Citizens United’ Deci- CT. Appeared on NECN’s This Integrity.” In Immigration Prac- King’s College London Faculty sion Even Worse,” The Wash- Week in Business in March to

54 BC Law magazine | spring / summer 2012 [ F a c u l t y ]

tice Manual 2nd ed., edited by tions of the New Political Sci- the Administrative Law of Coop- discuss policy regarding taxation Michael D. Greenberg and Alan ence,” as part of a lecture series erative Federalism,” Admin- of capital gains. Pampanin, 1-1-1-13. Boston: for freshmen students in the istrative Law of Dodd-Frank MCLE New England 2012. Perspectives Program at Boston Workshop, Center for Business Mary Ann Neary College in Feb. Law and Regulation, Case West- Associate Law Librarian for Presentations: “Fireside Chat,” ern Reserve University School of Education and Reference and Eliot House, Harvard University Activities: Presenter and panelist, Law, Cleveland, OH, in April. Lecturer in Law in Feb. “Deportation Nation: “Public Unions and the Current Outsiders in American History,” State of Organized Labor,” 2012 Other: Interviewed for a Activities: Panelist, “The Present Law in Motion: Legal Studies Annual Conference on Christian WGBH’s Beat the Press seg- Day Evolution of Law Librarian- Lecture Series, Northwestern Legal Thought, University Club ment in Jan. regarding candidate ship,” Association of Boston Law University, Evanston, IL, in Feb. of Washington, DC, in Jan. Par- speech and broadcaster respon- Librarians Spring Educational “A ‘Voteless Class of Litigants’: ticipant, Catholic Labor Network sibilities. Meeting, Suffolk University Law Noncitizens’ Legal Claims as Par- Gathering, United States Confer- School, Boston in March. Ray D. Madoff ticipation in the Polity,” William ence of Catholic Bishops 2012 Service: Chair, Law Librarians of Professor and Mary Bill of Rights Journal Catholic Social Ministry Gather- New England Scholarship Com- 2011–2012 Symposium, William ing, Washington, DC, in Feb. Works in Progress: “Clogged: mittee. and Mary Law School, Williams- Other: Invited to present an How Federal Tax Policies burg, VA, in March. Slow Revenue to the Charitable David S. Olson annual comparative lecture on Assistant Professor Activities: Panelist, screening and development and trends in Amer- Sector.” discussion of abUSed: The Post- ican labor and employment law Presentations: “Immortality and Works in Progress: With Stefania ville Raid, a film by Luis Argu- by the Hugo Sinzheimer Institute the Law,” University of Basel, Fusco. “Rules versus Standards: eta, Emerson College, Boston in of Labour and the University of Basel, Switzerland, in Dec. and Competing Notions of Incon- March. Frankfurt Faculty of Law, Frank- Suffolk University Law School, sistency Robustness in Patent furt am Main, Germany, and Boston in Feb. “A Tale of Two Law.” Alabama Law Review Sanford N. Katz by the University of Göttingen Countries: Comparing the Law (forthcoming 2012). “The Anti- Darald and Juliet Libby Faculty of Law, Göttingen, Ger- of Inheritance in Two Seem- prospect Theory of Patent Law.” Professor of Law many. Named a trustee of Gore ingly Opposite Systems,” Faculty “From Federal Common Law to Presentations: “Contributions of Place, Waltham, MA. Works in Progress, University of Textualism: The Evolving Inter- Minnesota Law School, Minne- pretation of Patent Cases in the Prof. Stephen Cretney to Family Cynthia Crawford apolis, MN, in Jan. Supreme Court.” Law,” panel discussion honor- Lichtenstein ing Stephen Cretney, House of Professor Emerita Other: Appeared on WGBH’s Presentations: “Against the Pros- Lords, London, England, in Dec. The Emily Rooney Show to pect Theory of Patents: How the and All Souls College, Oxford, Works in Progress: “Defining Costs of Communicating Tech- England, in April. “Myths and Our Terms Carefully and In Realities in American Adoption Context: Thoughts on Reading Laws,” International Society of (and In One Case, Rereading) Family Law Conference, Reggio Three Books.” Review of Bank- Emilia, Italy, in April. ing and Financial Law 31 (forthcoming 2012). Thomas C. Kohler New Dual Degree Offered Professor Presentations: “Defining Our Terms Carefully and In Context: environmental studies at bc law and tufts Recent Publications: “Neutralität Thoughts on Reading (and In des Arbeitgebers im US-ameri- One Case, Rereading) Three new element has been gram, which gives students two kanischen Arbeitsrecht?” Arbeit Books,” panel presentation, added to the course of degrees in just eight semesters und Recht 60, no. 4 (2012): “Shadow Banking: Past, Present, study for students pre- of study—their JD from BC and 146–150. A Future” symposium presented paring for careers in land and a masters in urban and envi- Presentations: “Solidarity For- by the Review of Banking and environmental law practice. ronmental policy and planning Financial Law, Boston University ever: An Idea and Its Roots BC Law School and the Tufts from Tufts. in Catholic Social Thought,” School of Law in Feb. University Graduate Program “Dual degree students,” University of Chicago Divinity Daniel A. Lyons in Urban and Environmental says Plater, “will graduate School, Chicago, IL, in Jan. “The Assistant Professor Duty of Fair Representation: Policy and Planning have for- with a portfolio of skills, tech- Steele v. Louisville and N. R. Works in Progress: “Net Neu- malized a dual degree program nical background, and policy Co.,” Labor and Worklife Pro- trality and Nondiscrimination for students in both schools. expertise that will strengthen gram at Harvard Law School in Norms in Telecommunications.” Land use and Indian law their professional effective- Jan. “Labor Unions and Catho- Arizona Law Review 54 (forth- Professor Jon Witten, who also ness in private corporate and lic Social Thought in a Time coming 2012). “Reforming the teaches at Tufts, and property public sector positions. They of Crisis,” Union League Club Universal Service Fund.” In Law of Chicago, sponsored by the and Communications Policy in and environmental law Pro- will acquire experience unusu- Lumen Christi Institute, Univer- the Digital Age, edited by Ran- fessor Zygmunt Plater, serve ally broad and deep in its sity of Chicago, Chicago, IL, in dolph May, forthcoming 2012. as coordinators for the pro- relevance.” Jan. “The Death of Friendship: Hobbes, Locke, and the Founda- Presentations: “Dodd-Frank and

www.bc.edu/lawalumni 55 [ F acult y ]

In the nical Information Interact with Annual Conference, Orlando, Society Winter Weekend Retreat the Prospect Feature of Patent FL, in Feb. Moderator, “Student in Feb. Academy Law to Decrease Commercializa- Free Speech in the Age of Social Service: Faculty coach and advi- tion of Innovation,” Works-in- Media, Texting, and Sexting,” Progress Intellectual Property ABA Section of Litigation Annual sor, BC Law team, National Talking Points Environmental Law Moot Court Colloquium 2012, University of CLE Conference, Washington, Among the more provocative Competition, Pace University, Houston Law Center, Houston, DC in April. topics addressed in faculty White Plains, NY, in Feb. colloquia and roundtables this TX, in Feb. Vlad F. Perju year were black Mississippians’ Service: Member, BC Law Clerk- Associate Professor Brian JM Quinn historic fight for the right to ship Committee. Faculty advisor, Assistant Professor vote; the capacity of the Dodd- Works in Progress: “Law’s BC Law Veterans Association Recent Publications: “Re-evalu- Frank Act to prevent another Republics.” Harvard Law and the Boston College Law ating the Emerging Standard of financial meltdown; whether Review Forum 125 (forthcoming Review. Review for Matching Rights in regulators’ pay is as much a 2012) Control Transactions.” Delaware culprit as executive compensa- Mary-Rose Papandrea Presentations: “Law’s Repub- Journal of Corporate Law 36, tion in excessive risk taking; the Associate Professor cognitive basis of intent and lics,” provocation paper, Sym- no. 3 (Fall 2011): 1011–1055. moral judgment; and the legal Recent Publications: “Social posium in Honor of Frank I. “Shareholder Lawsuits, Status role of the Colonial midwife. Media, Public School Teach- Michelman, Harvard Law School Quo Bias, and the Adoption of ers, and the First Amendment.” in Feb. the Exclusive Forum Provision.” North Carolina Law Review UC Davis Law Review 45, no. Activities: Panelist, “Constitu- Money Matters (2012): 1597–1642. “The Story 1 (November 2011): 137–191. tionalism in the Twenty-First BC Law School once again host- of New York Times Co. v. Sul- Reprinted in Bank and Corporate Century,” Global Legal Educa- ed an annual bankruptcy con- livan.” In First Amendment Governance Reporter, 2012. tion Forum, Harvard Law School ference in February. Prominent Stories, edited by Richard W. in March. Workshop participant, Works in Progress: “Putting Your judges, lawyers, and scholars in Garnett and Andrew Koppel- “The Social Model of Disabil- Money Where Your Mouth Is: the field discussed valuation, man, 229–263. New York, NY: ity,” Columbia Law School, The Performance of Earnouts in a central issue in bankruptcy Thomson Reuters/Foundation New York, NY, in March. Pan- Corporate Acquisitions.” Univer- cases. Co-sponsor was the First Press, 2012. Circuit Fellows of the American elist, “Center and Periphery in sity of Cincinnati Law Review College of Bankruptcy. Works in Progress: “The Supreme European Governance,” seminar 81, no. 1 (forthcoming 2012). Court, Technology, and the entitled “The European Legal “Reviving Substantive Coercion Media.” Brigham Young Univer- Project: New Approaches,” Har- and the Proper Limits of Board Our Tech Guy sity Law Review (forthcoming vard Law School in April. Authority.” “Dividend Recapital- Boston College honored law izations and Equity Ownership.” Fall 2012). New Appointments: Associate professor Brian Quinn with a 2012 Teaching with New Me- Presentations: “Social Media, director, Clough Center for the Presentations: “Putting Your dia Award at its tenth annual Public School Teachers, and the Study of Constitutional Democ- Money Where Your Mouth Is: eTeaching Day in May. First Amendment,” University racy at Boston College. The Performance of Earnouts of North Carolina Law Review in Corporate Acquisitions,” Zygmunt J. B. Plater Symposium, “Social Networks Transactional Law Workshop, Professor Quote Me and the Law,” UNC School of BYU Law School, Provo, UT, The blogosphere, radio waves, Law, Chapel Hill, NC, in Nov. Presentations: “Environmental in Jan. and ASU Legal Scholars and news pages were full of “The Supreme Court, Technol- Law and Water Management,” Conference, Arizona State Uni- comments and commentary ogy, and the Media,” BYU Law Yale School of Forestry and versity, Tempe, AZ, in March. by BC Law faculty in recent Review Symposium, “The Press, Environmental Studies, New “Shareholder Lawsuits, Status months. To name a few: Mary the Public, and the US Supreme Haven, CT, in Feb. “Endan- Quo Bias, and the Adoption of Ann Chirba weighed in on Court,” J. Reuben Clark Law gered Species Biology and the the Exclusive Forum Provision,” the Affordable Care Act in School, Provo, UT, in Jan. Legal System,” Brandeis Uni- Harvard Law School Corporate the Health Affairs Blog; Kent versity Department of Ecology, Governance Seminar in Feb. Activities: Participant, “Work- Greenfield talked to WGBH Waltham in March. “Judicial “Bringing Experiential Learning shop on How to Meet the about Citizens United; Daniel Politics, Congressional Politics, into the Classroom: Lessons from Information Needs of Com- Lyons discussed internet regula- and Media Politics Reverberat- Business Law,” BC Law Board of munities,” University of North tion in Congressional Quarterly; ing within a Supreme Court Trustees in May. Carolina School of Journalism Mary-Rose Papandrea was Oral Argument: TVA v. Hill,” and Mass Communication, Cha- Activities: Roundtable partici- quoted in Wired on free speech Harvard Law School Supreme pel Hill, NC, in Jan. Moderator, pant, 14th Annual Vanderbilt and tweeting; and Brian Quinn Court Discussion Series in “Government Transparency in Law and Business Conference, was quoted in the Financial March. Times on the collapse of the the Digital Age,” Section on Vanderbilt School of Law, Nash- law firm Dewey LeBoeuf. Said National Security Law, AALS Activities: Taught a senior Cap- ville, TN, in Oct. Quinn, “They’re not very stable 2012 Annual Meeting, Wash- stone seminar, “Analysis of BP Service: Founding director, Trust entities, these partnerships. ington, DC, in Jan. Panelist, Deepwater Horizon Gulf of for University Innovation in Your biggest assets are highly “WikiLeaks: Good or Evil, and Mexico Blowout Spill,” Boston Vietnam, Inc. mobile partners. Once they What’s Next?” American Bar College Environmental Studies sniff the scent of death, they Association (ABA) Forum on Program in Feb. Faculty advi- Intisar A. Rabb can move quickly.” Communications Law 17th sor, BC Law Environmental Law Assistant Professor

56 BC Law magazine | spring / summer 2012 [ F acult y ]

Recent Publications: “The Islamic Supreme Court in commemora- Rule of Lenity: Judicial Discre- tion of the 20th Anniversary tion and Legal Canons.” Vander- of the American Inns of Court bilt Journal of Transnational Temple Bar Scholars Program in Faculty Milestones Include Law 44 no. 5 (November 2011): March. Panelist, “Law Teaching: 1299–1351. Paths to Becoming a Law Profes- New Roles for Many sor,” BC Law in March. Ses- Works in Progress: “Islamic sion respondent, “Winning the galle, chirba, gionfriddo promoted Legal Minimalism: Lawmak- Public,” Annual Interdisciplinary ing and Legal Maxims When Humanities Graduate Student here has been a shuf- Jurists Disappear.” In Law and Conference, Mahindra Humani- Governance in Classical Islamic ties Center, Harvard University fling of posts at the Law Thought, edited by Michael in April. T School in recent months Cook et al. New York: Palgrave, as BC Law welcomes new fac- New Appointments: Member, forthcoming 2012. “The Least ulty, says farewell to some, and Religious Branch? The New Executive Board, American Asso- promotes and celebrates others. Islamic Constitutionalism after ciation of Law Schools Section the Arab Spring.” UCLA Journal on Islamic Law and Section on Brian Galle, who joined the of International Law and Foreign Law and the Humanities. Boston College Law School in 2010 from Florida State Univer- Affairs. The Burden and Benefit Service: Director, BC Law series of Doubt: Legal Maxims in Early entitled “Law Teaching: Paths sity College of Law, was pro- Islamic Law. to Becoming a Law Professor.” moted to Associate Professor Presentations: “Constitutional Member, BC Law Committee on with tenure in March. Among Transitions,” symposium on Alumni in Teaching his recent publications, “The Brian Galle “Law, Human Rights, and Revo- Other: Guest editor for spring Distortionary Effect of Subsi- lution: Transitions in the Wake term, Journal of Law and Reli- dies for Charity in a Federal of the Arab Spring” sponsored gion. System” was selected for pre- A Boston College graduate, by the UCLA Journal of Interna- sentation at the 2011 Stanford/ Vaughan received a law degree tional Law and Foreign Affairs, James R. Repetti from Northeastern University, UCLA School of Law, Los William J. Kenealy, SJ, Professor Yale Junior Faculty Forum. Angeles, CA, in Feb. “Disrupt- of Law and Associate Dean for Jane Kent Gionfriddo and and a masters in library science ing the Script,” Feminist Sexual Academic Affairs Mary Ann Chirba were pro- from Simmons College. Ethics Project, Brandeis Univer- moted from Associate Profes- James Repetti and Diane sity Waltham in March. “The Recent Publications: With Diane Ring. “Horizontal Equity sor to Professor of Legal Rea- Ring return to their normal Least Religious Branch? The soning, Research, and Writing. faculty roles in June after serv- New Islamic Constitutionalism Revisited.” In The Proper Tax Gionfriddo, who directed BC ing for two years as Associate after the Arab Spring,” faculty Base: Structural Fairness from workshop, Benjamin N. Cardozo an International and Compara- Law’s LRR&W program for Deans for Academic Affairs. School of Law at Yeshiva Uni- tive Perspective, edited by Yariv twenty-two years, is the recipi- Professor Joseph Liu succeeds versity, New York, NY, in April. Brauner and Martin McMahon ent of the BC Distinguished them in the newly configured “Islamic Law and Arab Constitu- Jr., 121–138. Kluwer Law Inter- Teaching Award. Chirba holds position of Associate Dean of national, 2012. tions,” Yale Law School, New advanced degrees in health pol- Faculty. Haven, CT, in April. Works in Progress: With Paul R. icy and public health and has Twelve faculty were recog- Activities: Session chair and Caron. Federal Wealth Transfer taught widely in those fields nized at parties last winter and commentator, “Islamic Law and Taxation, forthcoming 2012. in addition to her courses in spring celebrating their twenty- Political Authority in the Medi- Presentations: “Death and Taxes: LRR&W. five or more years of service to eval and Ottoman Middle East,” Now and Beyond,” Association Islamic scholar Intisar Rabb BC Law. They are: Joan Blum, Middle East Studies Association of American Law Schools (AALS) Annual Meeting, Washington, departs for New York Uni- Mark Brodin, Daniel Coquil- 2012 Annual Meeting, Washing- versity to take the position of lette, Jane Kent Gionfriddo, DC, in Dec. Participant, “Law ton, DC, in Jan. after the Arab Spring,” Yale Associate Professor of Law and Daniel Kanstroom, Thomas Law School Middle East Legal Activities: Chair, AALS Section Middle Eastern Studies. While Kohler, Zygmunt Plater, James Studies Seminar, Istanbul, Tur- on Taxation, 2011–2012. at BC Law, she has taught Repetti, James Rogers, Mark key, in Jan. Panelist, William P. New Appointments: Member, advanced constitutional law, Spiegel, Paul Tremblay, and Homans Jr., Esq. Endowment American College of Trust and criminal law, and comparative Alfred Yen. Legal Reasoning, program, “Political Repression, Estate Counsel Education Com- Now and Then: The Persistence and Islamic law. Research, and Writing profes- mittee. of Paranoia in American Poli- The Law Library has hired sor Daniel Barnett, who depart- tics,” sponsored by the Supreme Diane M. Ring Legal Information Librar- ed three years shy of his twenty- Judicial Court Historical Society Professor and Associate Dean for ian and Lecturer in Law Susan fifth anniversary for Lewis and and the ACLU of Massachusetts Academic Affairs Vaughn, who came from a sim- Clark Law School in Portland, in Boston in March. Attended ilar post at Suffolk University. Oregon, was also feted. the Temple Bar Scholars Meeting Recent Publications: With James with the Chief Justice of the US Repetti. “Horizontal Equity

www.bc.edu/lawalumni 57 [ F acult y ]

Revisited.” In The Proper Tax Vincent D. Rougeau New Appointments: Director, Judith B. Tracy Base: Structural Fairness from Dean non-residential conferences, Associate Professor of Legal an International and Compara- 2012–2014, Center for the Study Reasoning, Research, and Presentations: “Democracy and tive Perspective, edited by Yariv of Groups and Social Systems. Writing Difference: Democratic Citizen- Brauner and Martin J. McMahon ship in Diverse Urban Spaces,” Recent Publications: “‘I See and Jr., 121–138. Kluwer Law Inter- Joan A. Shear Dean Series sponsored by the I Remember, I Do and Under- national, 2012. “United States.” Legal Information Librarian and Boston College Alumni Associa- Lecturer in Law stand’: Teaching Fundamental In Taxation of Permanent tion in Feb. “Citizenship in the Structure in Legal Writing Establishments, edited by J. J. Global City: Catholic Social Presentations: “Teaching through the Use of Samples.” In Burgers, et al. Amsterdam: IFBD Teaching and Community Orga- Advanced Legal Research,” The New Teacher’s Deskbook, Publications, 1993– (Updates: nizing in East London,” Boisi Teaching Showcase Showdown, edited by Susan DeJarnatt. Vol. 2 Fall 2011). Center for Religion and Public Harvard Law School in Jan. of Legal Writing Institute Mono- Life, Boston College in March. Presentations: “Backdoor Har- Francine T. Sherman graph Series, Legal Writing Insti- “Reflections on Justice and monization? Implications of the Visiting Clinical Professor and tute, 2012. Originally published Religious Diversity: Why Living New Era of Tax Information Director of the Juvenile Rights in Touro Law Review 21, no. 2 Together Is Better than Living Exchange” Australasian Tax Advocacy Project (2005): 297–348. Teachers Association Annual Apart,” 6th Annual Pinderhughes Conference 2012, University of Diversity Lecture, Boston College Works in Progress: “Justice for Paul R. Tremblay Clinical Professor Sydney Law School, NSW, Aus- Graduate School of Social Work Girls: Are We Making Progress?” tralia, in Jan. “Understanding the in March. UCLA Law Review 59 (forth- Recent Publications: With David coming 2012). Making Detention OECD as a Global Tax Policy Activities: Panelist, “Law Teach- Binder, Paul Bergman, and Ian Reform Work for Girls: Practice Power,” incubator session, 15th ing: Paths to Becoming a Law Weinstein. Lawyers as Counsel- Guide #5. Baltimore: Annie E. Annual Critical Tax Conference, Professor,” BC Law in March. ors: A Client-Centered Approach. Casey Foundation, forthcoming Seton Hall University School of Panelist, “Is Religious Liberty 3rd ed. St. Paul, MN: Thom- 2012. Law, Newark, NJ, in March. under Threat in America?” The son/West, 2012. With Sharon Activities: Panelist, “Passive Church in the 21st Century Cen- Presentations: Panel speaker, L. Beckman. “Foreword: The Foreign Investment Companies,” ter, Boston College in April. “Punishing Sexuality and Repro- Way to Carnegie.” Boston Col- 64th Tax Conference, University duction,” 2012 UCLA Law lege Journal of Law and Social Evangeline Sarda of Chicago Law School, Chicago, Review Symposium, “Over- Justice 32, no. 2 (Spring 2012): Associate Clinical Professor IL, in Nov. Panelist, “Ethical policed and Underprotected: 215–230. Issues in Tax Practice,” 24th Activities: Organizer and direc- Women, Race, and Criminaliza- Works in Progress: With Alicia Annual Institute on Current tor, “Authority, Leadership, and tion,” UCLA School of Law, Los Alvarez. Transactional Clinic Issues in International Taxation, Social Justice: Here and Now” Angeles, CA, in Jan. Seminar Companion. West Aca- George Washington University conference sponsored by the Activities: Moderator and demic Publishing, forthcoming Law School, Washington, DC, Center for the Study of Groups speaker, “The Legal Lives of 2013. in Dec. and Social Systems, Boston Girls in the Justice System,” College in March. Participant, Service: Member, Boston Bar 2012 American Bar Association James S. Rogers Law and Literature Symposium Association Ethics Committee. Midyear Meeting, New Orleans, Professor on Lord of the Flies, Howard Member, Lawyers Clearinghouse LA, in Feb. Recent Publications: “Indeter- University, Washington, DC, in Board of Directors. Treasurer, minacy and the Law of Restitu- April. Consultant, Leadership for Other: Taught the Adversarial Community Day Center of tion.” Washington and Lee Law Change Conference, “Engaging System: Advocacy Skills course Waltham. Emergence: Calling Forth ‘What as visiting professor at Renmin Review 68 no. 3 (Fall 2011): Alfred C. Yen Could Be,’” University of San University Law School, Beijing, 1377–1405. Professor Diego, San Diego, CA, in July. China, in April–May. Works in Progress: “The Ratio- nal Consumer and Trademark teach-in Six scholars from Infringement.” BC and other law schools Presentations: “The Rational convened for a panel in Consumer,” faculty workshop, March on “Law Teaching: University of Arizona, Tucson, Paths to Becoming a Law AZ, in Feb. and University of Professor.” The event was California, Davis in March. the first in a series by the Committee on Alumni in Activities: Panelist, “Law Teach- Teaching to encourage and ing: Paths to Becoming a Law support students interested Professor,” BC Law in March. in careers in academia. Professor Mary Bilder, Service: Continues to serve on pictured, was among those the Association of American Law in attendance. Schools Membership Review Committee through 2012. K ERR Y BUR E / B C M T S

58 BC Law magazine | spring / summer 2012 Reunion Giving Report 2011

Illustrations by Hadley Hooper

www.bc.edu/lawalumni 59 Robert A. O’Neil Paul D. Moore Enthusiasm, Generosity Jon S. Oxman Denise Corinne Moore John B. Pound Thomas Hugh Mug Energize Reunion 2011 Robert C. Prensner Gilbert J. Nadeau Howard A. Reynolds Robert W. Nolting hank you to alumni from the classes of 1961, John C. Rosengren Alice C. Oliff Robert W. Russell Edward O’Neill 1966, 1971, 1976, 1981, 1986, 1991, 1996, 2001, Susan J. Sandler Joseph D. Pizzurro and 2006 for your participation in the 2011 William T. Sherry Deborah A. Posin T Richard E. Simms Carla B. Rabinowitz Reunion program. John M. Solovan Robert L. Raskopf Judith Soltz Sander A. Rikleen Special recognition goes to the Class of 1961 for Mark Stone Janet Roberts the highest participation level, at 41 percent, and the Maurice H. Sullivan Gerald J. Robinson Joseph R. Tafelski Charles M. Sabatt Class of 1971, for the most dollars raised, at $339,346. Marcia McCabe Wilbur Ronna Greff Schneider Judith Koch Wyman Marianne D. Short More than 400 alumni and guests attended David M. Solomon Reunion Weekend in October. Several events on Mark Stoler Regina Strazzulla campus were held in conjunction with the Alumni 1976 35th Reunion David A. Strumwasser Association’s Alumni Assembly meeting. Other Class Gift Total: $134,815 Patrick A. Tanigawa Participation: 32% Willie C. Thompson activities were class bar reviews, a Half Century Dolph J. Vanderpol Kirk T. Ah Tye Lucy W. West luncheon, and the class dinner on Saturday at the Michael J. Berey Mark D. Wincek Ritz-Carlton on Boston Common. Mark N. Berman Jerold Lorin Zaro Kenneth S. Boger Gerald T. Zerkin Congratulations to all the 2011 Reunion classes. Helen P. Brown Eliot Zuckerman Roger J. Brunelle We appreciate your support of BC Law. Laurie Burt Phyllis Cela Eugene Chow 1981 30th Reunion Katherine Litman Cohen Class Gift Total: $92,194 Denis P. Cohen 1961 1966 1971 Participation: 33% 50th Reunion 45th Reunion 40th Reunion Thomas A. Connors Class Gift Total: $112,545 Class Gift Total: $9,005 Class Gift Total: $339,346 Frederick J. Coolbroth Carl E. Anderson Participation: 41% Participation: 24% Participation: 31% Kathy Bourne Cowley Christopher B. Andrews Charles R. Dipompo Nelson G. Apjohn Daniel Briansky Robert F. Arena Georgeann F. Abbanat John S. Donahue Ann Marie Augustyn Raymond I. Bruttomesso Paul F. Beatty Robert M. Bloom Jack A. Donenfeld Michael F. Aylward Arthur J. Caron Michael D. Brockelman Raymond J. Brassard Daniel Engelstein Kenneth M. Bello James A. Connor John F. Burke Dennis M. Buckley Juliet Ann Eurich Charles S. Belsky Richard P. Delaney Crystal C. Campbell George H. Butler Robert S. Farrington Stephen F. Bisbee John J. Desmond Samuel J. Concemi Richard M. Canzano Marc Greenbaum Janet E. Butler Frank G. Dewar Albert B. Cook Edwin R. Chyten Sara T. Harmon John M. Carroll Charles D. Ferris Robert J. Desiderio Christopher F. Connolly Vicki L. Hawkins-Jones Robert C. Chamberlain Robert E. Galvin George M. Doherty Ellen R. Delany Robert B. Hoffman John Gilmore Childers Sheila McCue Hennessey Robert C. Engstrom John C. Doherty David A. Howard Christine C. Ciotti (in memory of Edward Brian J. Farrell David A. T. Donohue Thomas P. Jalkut Richard G. Convicer Hennessey) Paul W. Finnegan Seth H. Emmer Michael D. Jones Donald D. Cooper Harold Hestnes Thomas J. Grady Jason R. Felton Beth A. Kaswan Emmanuel E. Crespo Anne P. Jones Hugo A. Hilgendorff Walter J. Fisher Stephen A. Katz John O. Cunningham James A. King John W. Kaufmann James W. Flood John F. Kerry Patricia J. Curtis Raymond A. Letourneau Cyril A. Krenzer John J. Gillies William D. Kirchick James L. Dahlberg Hugo Liepmann George B. Leahey Peter A. Hoffman James J. Klopper Peter A. DelVecchio Elliott J. Mahler Thomas M. Marquet Richard J. Innis Roberta S. Kuriloff Mary K. Denevi Louis R. Marcou Lawrence A. Maxham William H. Ise Jill W. Landsberg Deirdre E. Donahue Raymond F. Murphy Matthew J. McDonnell Robert L. James Steven Lenkowsky John D. Donovan, Co-chair Ronald F. Newburg John K. McGuirk John B. Johnson Marion K. Littman Mark W. Dost Robert Popeo Deckle McLean Stuart A. Kaufman Deborah M. Lodge Clover M. Drinkwater T. David Raftery Edward P. McPartlin David L. Kent Robert P. Lombardi Thomas J. Driscoll Robert J. Robertory Frederick Pritzker Mark Leddy Peter S. Maher David W. Ellis Edward A. Roster Dennis J. Roberts William M. Leonard Lenny B. Mandell Bill R. Fenstemaker Ernest B. Sheldon Joseph F. Ryan Aaron A. Lipsky Daniel P. Matthews Donald S. Gershman John F. Sisk James N. Schmit Gerald F. Lucey Joyce E. McCourt Louise M. Gessel Anthony A. Tafuri Andrew F. Shea Thomas F. Maffei Michael J. McEneaney Deborah J. Goddard Sarkis Teshoian C. Charles Smith John J. Marotta Karen Fisher McGee Craig N. Goodrich Peter Van Thomas F. Sullivan Robert F. McLaughlin Bernard W. Greene Robert W. Welch

60 BC Law magazine | spring / summer 2012 Dale R. Harger Maria Lynn Coyle Susan Marie Finegan Margaret Mary Ross Frank Joseph Harris Eric D. Daniels 1991 Diane Cabo Freniere John Anthony Salerno Kathryn D. Haslanger Nancy Mammel Davids 20th Reunion Andrew Mark Goldberg Catherine Sinnott George B. Henderson Donald Faulkner Dickey Class Gift Total: $51,732 Joan Rachel Goldfarb Kayser Oskar Sume Philip H. Hilder Martha Ann Driscoll Participation: 21% Allan M. Green Michael A. Tesner Edward T. Hinchey Thomas H. Durkin John E. Henry William John Thompson Denise Ann Ackerman Linda J. Hoard Michaela A. Fanning Erin K. Higgins Stephanie D. Thompson David L. Batty Warren J. Hurwitz Francine Ferris Maher Douglas Hiroshi Inouye Katherine Topulos Karen Ann Bogisch Peter Y. Lee Kristin Dorney Foley Jill Sullivan Joyce Gina Witalec Verdi Marlissa Shea Briggett Sarah Salter Levy Robert P. Frank Mark A. Kablack Aaron Charles Von Staats Krista D’Aloia Busnach James Michael Liston Daniel O. Gaquin Jonathan J. Kane Deedra Smith Walkey Michael Kevin Callan Francis Matthew Lynch Lisa Sullivan Gaquin Eric L. Keller Willis G. Wang Christopher Caperton Steven G. Madison Juan R. Garcia Andrew J. Kelly Terri Leigh Yahia James Dawson Carey Joseph A. Martignetti Suzanne Worrell Gemma Rebecca Anne Kirch Erin Theresa Cashman James P. Maxwell Edward T. Hanley, Co-chair Michael W. Klein Socheat Chea John Joseph McGivney Nancy T. Harrington Carolee Burton Kunz Maryann Civitello Lisa A. Melnick Christopher P. Harvey Kathleen Corkins Lammert 1996 Mary Clements Pajak 15th Reunion Thomas D. Mercurio Annamarie DiBartolo Marc S. Lampkin Rebecca Anne Connolly Class Gift Total: $57,960 Joseph E. Mitchell Haught Jennifer Locke Lisa C. Copenhaver Participation: 16% Anthony M. Moccia An-Ping Hsieh Kelly Wilkins MacHenry Rosemary Crowley Juliane Balliro Mondano Susan M. Jeghelian Sally Malave David S. Bakst Hallahan Marcia Hennelly Moran Walter J. Jenkins Karen G. Malm Danielle Salvucci Black, Daniel J. Driscoll Kevin R. Moshier Maria L. Jose Mark P. McAuliffe Chair Karen Ann Ecker Elizabeth R. Moynihan Elizabeth C. Kelley Laura Sheppe Miller Christopher Lee Blake Robert D. Emerson George W. Mykulak Michael Frederick Klein Leslie Y. Moeller Andrew Peter Borggaard Scott Michael Farley Elaine Kilburn Nichols James Arthur Kobe Pegeen Mulhern Jennifer M. Borggaard Janet Elie Faulkner Harry O’Mealia Lisabeth Ryan Kundert Robert M. O’Connell Thomas R. Burton Charles Fayerweather Barry J. Palmer James D. Laur Laurie A. Owen Anna C. Caspersen Stuart Paul Feldman Ann L. Palmieri, Co-chair Robert D. Leikind Douglas B. Rosner Laurie Aurelia Cerveny Elizabeth Chaffee Perkins Lloyd S. Levenson Mark C. Perlberg Scott P. Lopez Thomas A. Potter Wardell Loveland Harriet T. Reynolds Emmett Eugene Lyne Thomas M. Rickart Matthew Mahoney Richard D. Rochford William M. Mandell Richard K. Sherwin Mary T. Marshall Catherine F. Shortsleeve William F. Martin Peter J. Silberstein Hugh G. McCrory Adelbert L. Spitzer Marc W. McDonald Sherman H. Starr Paul Michienzie, Co-chair Eric L. Stern Ann L. Milner Barbara D. Sullivan Deborah Wiacek Mintz John A. Tarantino Mariclare O’Neal Anne B. Terhune Caroline L. Orlando Claire-Frances Umanzio Katherine A. Pancak Carole M. White Ellen K. Park Eric L. Wilson Susan Perdomo Blankenship Denise C. S. Woodruff Mary A. Rathmann Diane Young-Spitzer Richard G. Rathmann Leonard F. Zandrow Henry R. Rouda Joan Zorza John W. Sagaser Jose A. Santos Brian D. Shonk 1986 Diane L. Silver 25th Reunion Lisa A. Sinclair Class Gift Total: $111,756 Michael P. Sorenson Participation: 31% Howard J. Stanislawski Franklin G. Stearns Jonathan B. Abram Warren E. Tolman Juan Manuel Acosta John E. Twohig Tammy L. Arcuri Mary Elizabeth Van Dyck David F. Bauman Timothy P. Van Dyck Susan L. Beaumont Patricia A. Welch Alexander T. Bok Mark D. Wiseman Thomas W. Bridge Kevin S. Wrege Thomas D. Broadwater Marcia Belmonte Young n Reunion Campaign n 25% participation Antonio D. Castro Mark E. Young Thomas J. Chappell Total: $937,553 Colleen Creevy Cording

www.bc.edu/lawalumni 61 Edward Shieh Cheng Nancy A. Johnsen Jillian K. Mooney Katherine Dacey Seib, Chair Nisha C. Talwar Timothy G. Cross Erin M. Kelly April A. Otterberg David M. Shea Kristie A. Tappan Albert Andrew Dahlberg Jane Dickinson Kress Greg Pakhladzhyan Alison Hickey Silveira Victoria E. Thavaseelan Cece Cassandra Davenport Michael T. Marcucci Meyer H. Potashman Benjamin W. Spiess Jason P. Traue Yaron Dori Rosemary E. McCormack Scarlett M. Rajbanshi Matthew Stein Andrew J. Vasicek Robert Shear Fletcher Aislinn S. McGuire Rebecca N. Rogers Victoria L. Steinberg Joseph A. Villani Jeffrey Charles Goss Marguerite Marie Mitchell Pamela A. Schafer Shoshana E. Stern Frank M. White Daniel Keith Hampton Christopher M. Morrison, Kristin Marie Schelfhaudt Jessica N. Stokes Jared M. Wood James P. Hoban Chair Robert Evan Hochstein Kurt Michael Mullen Matthew J. Hogan Bryan A. Nickels Mark D. Houle Mary Rossetti Pastorello Arnold Welles Hunnewell Donna Jalbert Patalano Philip Charles Jack Brian P. Pezza Elizabeth A. Janis Brad K. Schwartz Jeffrey Steven Kopf William Sellers Raphael Licht Evan J. Shenkman William Joseph Lundregan Brian W. Sheppard Thomas Patrick Lynch Stacy Jane Silveira Michael Edward Mone Karen Smith Mullen Jeffrey Charles Morgan Amy B. Snyder Kate Moriarty Briana E. Thibeau Beth Margot Nussbaum Jamie E. Thomas Maryann Joan Rabkin Elizabeth R. Wideman Lisa Allen Rockett Kristen Schuler Scammon Norma J. Scott 2006 Jessica Singal Shapiro 5th Reunion Jill Emily Shugrue Class Gift Total: $11,145 Emily E. Smith-Lee Participation: 20% William Harold Stassen Alice B. Taylor Teresa K. Anderson Joshua Milton Wepman John J. Bauters David Francis Whelton Katharine Coughlin Beattie Sarah M. Bock Jordan I. Brackett Rebecca K. Brink 2001 Kristin Duffy Casavant 10th Reunion David J. Cohen Class Gift Total: $17,055 Joyce K. Dalrymple Participation: 19% Mandy B. DeRoche Save the Date Kathryn Catros Armstrong Lauren E. Fascett Tara N. Auciello Michael R. Fleming for Reunion 2012 Sina Bahadoran Nathan C. Forster Jacob K. Baron Sharon S. Fry lumni from classes ending in 2 or 7 are invited to Elaine S. Benfield Alison E. George reconnect with Law School and with classmates at Sunni P. Beville Christopher Michael the 2012 Reunion Weekend November 2–3. The Brandon L. Bigelow Gosselin A Peter D. Bilowz Maxim Grinberg celebration will include an alumni assembly meeting when Bradley G. Bjelke Jodi K. Hanover Alumni Board elections are held, a bar review, and the Michael W. Choi Anne E. Johnson reunion dinner, as well as other social events, educational Matthew A. Corcoran Matthew A. Kane Laurie Anne Drew Seth J. Kerschner programs, and networking opportunities. The Alumni Thomas J. Egan Jaime R. Koff Board also meets during this weekend to discuss Alumni Jessica Spiegel Egan Renee A. Latour Association plans for the year. Events will take place on the Cara Anne Fauci Jonathan S. Lauer Newton Campus and at the Ritz-Carlton Hotel in Boston. Leanne M. Fecteau Amy K. Lyster Paul F. Fitzpatrick Daniel P. Malone Registration opens July 26. Visit www.bc.edu/schools/law/ Thomas Edward Gaynor Brooke L. Manfredi alumni to complete the class reunion yearbook form and Jennifer N. Geosits Molly K. McDougal for information on how to register, make a class gift, Dana M. Gordon Anne M. McLaughlin Kevin M. Granahan Keith P. McManus and log into BC LawNet to update your information and Timothy W. Gray Gregory McNamee find classmates. Lonnie J. Halpern Stephen T. Melnick For additional assistance, contact Mike Hollis, assistant Alice J. Kang Han Patricia M. Mitchell Robert Harrison Ainsley C. Moloney director of classes and reunions, at 617-552-6216 or mike. Linnea Ovans Holmes Anthony F. Montaruli [email protected]. Wesley Charles Holmes Laura Ann Montgomery

62 BCBC Law magazinemagazine | spring / summer 20122011 Hot Topics this country maintain and perhaps even Palestinian man who immigrated to the (continued from page 13) increase its greatness as a nation, we would United States in the 1970s, started a family, be doing a great service to everyone. and became a US citizen. In 1995, when he law goes directly to the issue of cultural —Interview abridged by Vicki Sanders went to visit his home village in the West competence because some of the ways we Bank, he was taken into custody by Pales- view the legal professional are rooted in a tinian Authority intelligence officers and certain cultural vision. As the culture has In Closing allegedly imprisoned, tortured, and killed. changed and as people from different back- (continued from page 64) Nina interviewed two of his sons, who had grounds are entering into roles that had traveled with their father to the West Bank. heretofore been barred to them, the idea the basis of the Chinese government. After several days of searching, they found of who a lawyer is, how a lawyer works, The first time I went to oral arguments the father’s beaten body, which had “burn and what a lawyer is supposed to do has with Nina and saw the justices emerge from marks of cigarettes … [on] the bottom of started to change. One thing we’re seeing behind the red velvet curtains, a tingle of his feet, his chest, his stomach, his hands.” is a request for lawyers who are trained in electricity ran through my body. The pro- The surviving family members sued the dispute resolution techniques that do not ceedings are the same before every session: Palestinian Authority and the PLO under involve adversarial tactics. As the makeup If there are opinions, the authoring justices the Torture Victim Protection Act, a 1992 of corporations changes, more internation- read them. If there are new members of law authorizing lawsuits against “individual issues become a part of every lawyer’s the Supreme Court bar, they are admitted. als” who commit acts of torture overseas practice, and as the communities in which Then, without any small talk or pleasant- against US citizens on behalf of a foreign we live change in their ethnic and racial ries, oral arguments begin. It’s easy to get government. makeups, we have to understand the dif- lost in the grandeur on display and forget In mid-April, the Supreme Court unani- ferent ways that people engage in dispute the very real stakes involved in the cases. mously decided against the family, saying resolution or problem-solving. Sometimes these stakes were broad that organizations, such as the Palestinian constitutional issues that had enormous Authority, could not be sued under the law How do we prepare social workers and implications for society. For instance, the because they did not fit under the defini- lawyers for competent practice? arguments over healthcare, the immigration of “individual.” As Nina prepared Pinderhughes: We have to marshal the tion law in Arizona, or the constitutional- her story for the afternoon broadcast of information about people’s realities and ity of juvenile life sentences without parole “All Things Considered,” she asked me to their history. Our history books have never for homicide crimes. Other cases seemed get the reaction of one of the sons we had told the truth about what has happened much more personal: whether a child interviewed before the oral arguments. So to people in this country. For that reason born through in-vitro fertilization after I called. there has not been the national will to mar- his father’s death qualified for Social Secu- He was in a good mood, and we made shal the resources and the programs that rity Survivors Benefits or whether an Idaho some small talk before the son told me he will free them to meet their own needs and couple could challenge an EPA determina- hadn’t heard about the decision yet. He live effective lives in this society. tion that the site of their dream home was asked me to tell him the result over the Rougeau: I would like us take a closer designated wetlands. phone. look at the power represented by our After regularly attending Court for Over the past month, I had spent increasing diversity and see what kind of four months, hearing arguments, analyz- hours reading the merits briefs for both nation we can become in the 21st century. ing opinions, and reading countless briefs, sides of the case, and even though I had I read recently that more and more young I had the chance to see Supreme Court heard the difficult facts directly from this people who come from ethnic identities justices, prominent legal advocates, and son, the case was, at its essence, still a or are connected to recent immigration in respected journalists approach the argu- legal argument to me. So I told him the their family, see opportunities for them- ments with a clinical precision that left result, explaining the legal technicalities selves in the countries from which their little room for emotions or sentimentality. that drove the Court’s decision. parents came, but also see themselves as When I considered the lower courts in my He was silent, and in that silence, I strongly rooted to the United States. That research, it was to see if there were clues heard years of litigation pursuing justice represents a wonderful opportunity for as to whether the Supreme Court would for his father crashing down. the future—that this would be a country uphold or strike down the previous deci- In that phone call, I realized that despite where people would come and be part of sion. I rarely thought about the people the traditions of the Supreme Court and the fabric of society and recognized in all who had spent money and years bringing the accomplishments of its justices and their dignity and diversity, and who also litigation in those lower courts to challenge advocates, at its heart, it is a very human would provide a bridge to other societ- some wrong they couldn’t fix themselves. institution with very human outcomes. ies. That can be the beginnings of a more I found myself identifying and discussing And as I end my time with Nina, I am con- healthy dialogue between the United States each case by its legal issues because that sidering what my contribution to the intern and other parts of the world. The demo- was how the briefs were written and how guide will be. I’ll probably add a few things graphic change that we see in our country, the justices asked questions during oral about how to operate some of the tech- a change that so many people are react- argument. But the dispassionate language nology, and I might include some of the ing to with fear, is a change loaded with of the law often hid the human struggles new lunch spots in the area. But the most possibility and hope. If we could tap into and conflicts lying just underneath the important lesson is one I can’t explain in that potential and present a story more in surface. words. I am only grateful that I had the line with the possibilities that would help One such case we covered involved a chance to experience it.

www.bc.edu/lawalumni 63 [ I n C l o sin s i ng ]

Heart and Heartbreak

Finding the unexpected while covering the Supreme Court

by Steven Chen ’13 efore she was Nina to me, she was Ms. Totenberg. And before she was Ms. Totenberg, she was “…and now Legal Affairs Correspon- dent, Nina Totenberg, has the story…” in the voice of National Public Radio’s Robert Siegel. BEverything changed last October when I received a phone call from an unknown number as I was riding the Green Line on my way to class. If I can confirm anything from the last five months, it’s this: The feeling of an impromptu meeting with a Supreme Court justice is very similar to the feeling of Nina Totenberg calling out of the blue to ask if you are interested in working with her for a semester. So after several reference checks and an interview, I found myself at a desk sharing Nina’s office for my 2L spring semester. Before I arrived, I received the “Guide to Life with Nina,” a thirty-four page document of collected wisdom started by one of Nina’s interns in 1989. Nina knows it exists, but says she has never read the guide, which is updated every term by the current intern before it is handed down to the next. Ari Shap- iro, the NPR White House correspondent, and a former intern, told me that his contribution to the guide was the Nina quote at the beginning. It reads: “You’ll probably learn something about public radio, a little about news, and a lot about people.” Nina’s quote was on full display when I was assigned to help cover the demonstrations outside the Supreme Court during the Affordable Care Act arguments at the end of March. Hundreds of protestors had traveled from across the country and were now gathered in front of the Court, passionately arguing

both for and against the reform. One woman, holding bri a n s ta u ff er up a sign reading: “Obamacare: The Real Life Hunger Games,” was arguing with a man who yelled that he and that brief moment of awkward silence as realiza- had read the books, and her sign made no sense. tion dawned. At another point during the demonstrations, mem- Of course, the highlight of the job was the Supreme bers of the Tea Party held up copies of the US Consti- Court itself, every aspect of which, from the building tution and chanted: “Protect our choice!” Thirty sec- to the procedures, exudes a tangible sense of deep- onds into the chant, it grew noticeably louder, which rooted tradition and history. Enormous friezes are further emboldened the protestors. As the chants grew carved in the upper walls of the courtroom represent- increasingly passionate, however, the Tea Party mem- ing important legal figures ranging from Moses, hold- bers slowly realized that the heightened volume was ing two stone tablets of the Ten Commandments, to coming from demonstrators wearing Planned Parent- Confucius, the philosopher whose teachings were once hood t-shirts. I will never forget the look of confusion (continued on page 63)

64 BC Law magazine | spring / summer 2012 he education that I’m receiving at BC Law T is second to none. During my first year, I “joined the school’s spring break service trip to Los Angeles. The experience helped me understand firsthand the legal issues surrounding immigration— and made me realize the value of pro bono work. 2012 I know my training will make me a better lawyer and a better person, too. —Alex Mancebo ’13, President, Latin American” Law Students Association

Make a Legacy Gift to BC Law School Today Alex has received alumni scholarship support every year. To help future students just as he has been helped, he plans to leave a legacy gift to the Law School. “I didn’t get here alone,” he says, “I don’t think anyone does.” To learn more about legacy giving, contact Michael Spatola, seniorassistant associate dean for director institutional of development, advancement, at 617-552-6017 at 617-552-6017 or [email protected]. or [email protected]. Boston College Law School Non-profit org 885 Centre Street U.S. Postage Newton, MA 02459-1163 PAID Permit No. 86 White River Jct., VT

Thank you for supporting our students on their journey to become

“men and women for others.” one community. one mission. justice for all.

“Here at BC Law, we work together as one community, toward one mission: justice for all.” —bc law school dean vincent d. rougeau