BC Law Magazine Spring/Summer 2012 Boston College Law School
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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 S D N A S D IL /W ERS D 30 N A S DY U J 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 E Magazine do not necessarily reflect the T I views of Boston College Law School or -WH Boston College. ING D IL Y W N FFA I T 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.