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Boston College Law School Magazine

4-1-1998 Boston College Law School Magazine Spring 1998 Boston College Law School

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PUBLICATION NOTE

BOSTON COLLEGE LAw SCHOOL DEAN Aviam Soifer

DIREcrOR OF I NSTITUTIONAL ADVANCEMENT Deborah Blackmore Abrams

EDITOR IN CHIEF Vicki Sanders

CONTRIBUTING EDITORS Suzanne DeMers Deborah ran Abby Wolf

Boston College Law School Magazine welcomes readers' commelHS. You may cO lHacr us by phone at (6 I 7) 552·2873; by mail at On the Cover: Bosran Coll ege Law School. Barar House, 885 Centre Street, Newton, MA 02 I 59- I 163; or bye-mail at [email protected]. Fifteen years on New York's Criminal Court Copyri ght 1998, Boston College Law School. have taught judge Bonnie G. Wittner '72 Al l publication ri ghts reserved. the qualities needed to succeed on the bench. Photography by Todd Plitt. Opinions ex pressed in Boston College Law School Magazine do nO[ necessaril y reflect the views of Boston Coll ege L1W School or Boston Coll ege. BOSTON COLLEGE

LAW SPRING 1998 VOLUME 6 NUMBER 2 SCHOOL MAGAZINE

FEATURES

The Right Stuff What makes a good judge? Six alumni offer insight into the Judicial temperament' By Julie Michaels ...And the Walls (Didn't) Come Tumbling Down 20 Foiled in their attempt to destroy the World Trade Center, terrorists met another towering obstacle in the person of Assistant US Attorney Gil Childers '81 By Robert Keough

Voiceless No More An ambitious new clinical program may hold the key to unlock 24 the silent cries ofgirls in trouble By Vicki Sanders

The Three Economies Rethinking the connections between society, ecology, and money 29 By Professor Zygmunt J.B. Plater

The Gift INSIDE BACK William F Farley '69 gives $1.5 million to endow law school chair COVER

10 17 43

DEPARTMENTS

IN BRIEF 2 ALUMNI NEWS AND NOTES 39 FACULTY NEWS AND NOTES 34 fall, for example, when practitioners, professors, Students Larry Irving of the judges, and students Gain an National Telecommuni­ comprise its content. Edge with cations Information New On-line Administration gave a Not yet two years old, Publication two-hour lecture at the the Forum's timely and Law School, Forum edi­ engaging story mix and A group of Boston Col­ tors taped the presenta­ li vely looks already have lege Law School students tion, supplementing attracted many favorab le managed to make a li ttle their wrirren transcript reviews. The technology bit of history recently as with on-line sound of supplement to the New the creators of an innov­ the talk. York Law Journal last ative on-line publi cation October said of the Law called The Intellectual What sets the Forum School site that its "ease­ Property and Technology apart from most law of-use and clever design Forum. journals is its exclusivity give it an edge over many as an on-line publication law-firm pages presently Taking few cues from (no print version exists) on the Web." The Journal the print media, Forum and its snappy blend of continued, "Indeed, if edi tors instead relished scholarship and news in the BC effort is any the pioneering opportu­ the real m of intellectual guide, the most tech­ nities of Internet com­ property and technology savvy members of the munication and pro­ law. Complemented by a legal community are still duced a periodical that colorful design that is cramming for exams." comes with audio as we ll both attractive and easy as video features. Last to use, arricles by legal No one was more thrilled with those words than Adam White Scoville '99, the director and one of 0 Netscape: The Intellectual Property and Technology Forum 08 the founders of the . V Forum. The periodical ':1/ ji P!.. t2 ill ri£ 1ft 11 Back Forward RlE'load Home $ut'"ch Guide ImagE'S Pr-int SecuFity Stop [I] was the brainchild of ~ Location: ...&. lhttP :l lwww .bc.edul1ptf . I members of the Intellec­ tual Property Group, " Intellectual Property a student organization at the Law School. The and Technology Forum group wanted to do AT BOSTON COLLEGE LAw SCHOOL \\ something that would http://www.bc.edu/iptf reach beyond campus ,..------H~adlinel Artid~s boundaries, but budget I,N ew in AATICLES: Lany C1JJ1'tJl.t 11.tm:, opillio:lS llLd Scholarly, iD.-deptlL Irving, Administrator of ~ signiCica.n.t hl€hlighls iD. disc \t$s io:ns 0 11. spe,cific the Natio na I constraints made a print illtelhctw property &: topics ill inttllictwl Telecommunications techlLolo~law . III proputy & technology b.w. Infonmation publication unlikely. ,- Administration, speaks Commentl About IPTf at Be on developments Besides, says Scoville, ..... ~ Participate ilL a. 4isc'US sioll. on Lurn.alIo1.lltht mission in international IP llI.d hch law isS\l.e S ilL oW" llLd st.rf orth.e telecommunications there was a certain appeal CommtJl.ts section. , In.tellect1JJlPropettyw [transcrilli a nd RealAudio Tec hllology FonutL . to the challenge present­ <® recording availablel. " ed by new technologies. R~sourres Front Pag~ In HEADLINES a ' ~~ Stmh t~ Forum. for past w Ret1Jl'll. to this Fro~ p~ disc uss ion of spam "We don't really want to C\U1'ULt Hudl.iJlts W Atticlts, fro m. u.yw:h!t't inthl! e·mail; the Senate or browse ). list of othtr IP IDJ:dltctw Prop@rtyaM considers chang ing the w tech.Rolo:lY law-rtbled C Tee hnology Forv.m. . be a print publication," patent laws. Links. he says. "There are too We lcome to the Intellectual Property and Technology Forum at Boston Co llege Law School. The Forum is a legal publication dedicated to provid ing readers with rigorous, innovative scholarship, timely reporting, and many advantages this ongoing discussio n from the lega I comm unity co ncern ing tec h no logy law and inte lIectua I property. . way. It's been like invent­ ing a whole new kind of QI») ~ I I ,'."'" "~,, .. ,. "' ,,z ~ wheel. It was an interest­

The Intellectual Property and Technology Forum is creating a stir on line with its snappy mix or news. ing project when we scholarship, and graphics. starred, and as we

2 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRI NG 1998 explored all the ways we could expand to fill the medium, it quickly became a fascinating project."

Under the guidance of advisor Alfred C. Yen, a Law School professor specializing in intellectu­ al property, the group of about 15 second- and third-year students have conceived a periodical with the potential to reach a wider-than-usual audience for a law review. And they have done so for about $300. "We are seeking to make the Forum a valuable resource for law and pol­ icy circles ... to enfran­ Joson Penfield ·98. Suzanne Nom ·98. and David Kurtz ·98 proved to be the most formidable team at the chise voices that would­ Craven Notional Moot Court Competition in Constitutional Low. n't otherwise make it into the realm of acade­ mic discourse. We do defeated the University of Norplant insertion. The not exist in a vacuum Moot Court IlIi nois School of Law for petitioner, an HIV-posi- but as a useful tool with Team Captures the championship. Award- tive 38-year-old married a reach broader than National ing the prize were the and childless devout academia," says Scoville. Championship Hon. A. Raymond Ran- Roman Catholic, objected "I hope that the more dolph of the District of to the Norplant require- directly relevan t and use­ By Kenneth J Rossetti '97 Columbia Circuit Court ment as an infringement ful we are, the more peo­ of Appeals, the Hon. of her fundamental righ t ple will come back and What do the law schools Diana G. Motz of the to ptocreate and as a vio- want to use us. " at Boston University, Fourth Circuit Court of lation of her right to prac- Tulane, Cincinnati, Appeals, and the Hon. tice her religion under the The InteLLectual Property Georgetown, South Texas, Sarah Parker of the North Free Exercise Clause of and Technology Forum is and Illinois have in com- Catolina Supreme Court. the First Amendment. actively seeking contri­ mon? All fell victim in butions of a scholarly Febtuary to Boston Col- In addition to winning The team had to argue on nature for its Articles lege Law School, which the championship, Kurtz, both sides of the dispute. section (law review-type won the national champi- Nam, and Penfield took To prepare, Kurtz, Nam, articles as well as less onship in the J. Braxton home the Best Brief and Penfield scheduled formal legal commentary Craven National Moot Award. In their brief, they faculty, administrators, are welcome) and of a Court Competition in represented the respon- outside practi tioners, and newsy nature (brief, top­ Constitutional Law. dent, a fictitious state other law students to ical pieces) for its Head­ whose relief law - fund- judge them as they argued lines section. In the final round of the ing medical treatment for alternatively on behalf of competition, held at the low- and middle-income the petitioner and respon- To see the Forum or University of North Car- HIV-positive citizens who dent. Guiding their devel- to find out more about olina School of Law, the did not qualifY for opment and serving fre- writing for it, visit moot court team of David Medicare or Medicaid - quentlyas practice judges www.bc.edu/iptf. _ Kurtz, Suzanne Nam, and required women of child- were Professor Thomas J. - Vicki Sanders Jason Penfield, all 3Ls, bearing age to receive a Carey Jr. '65 and Kenneth

SPRI NG 1998 / BOSTON COLLEGE LAW SC HOOL MAGAZIN E 3 J. Rosserri '97. Also Law School for the last instrumental were Profes­ Getting 30 years. Certainly, he sor Pamela J. Smith, the Divorcedt has been an active and team's advisor, who assist­ Call effective member of the ed greatly despite being Monroe Inker Boston legal community, on sabbatical; Dean Avi­ with some of his cases am Soifer; and Professor Montoe Inker, adjunct generating changes in Peter J. Donovan '60, professor of law at Boston divorce law in Massa- chair of the Law School's College Law School, chusetts. He is Appellate Advocacy was named one of the also the co­ Commirree. top divorce lawyers in author, with the nation by Town Charles P. Success is not new to and Country Kindregan Jr., Boston College Law 1998), A savvy and d of Family Law School in the Craven skilled negotiator, i and Practice Competition. Last year's according to the with Forms, the team of Kelly A.M. Bow­ magazine, Inker has I standard text in dren, Jennifer (Creedon) a modest explanation knOw. r _ me, '1:'( family law in Brennan, and Rossetti, all for his success over , TIL not at 11 . Massachusetts. mg n1.:1rrl·ed . . . a afraJd 1997 graduates of the the years: ''I've been . agam'l' . Law School, went to the very lucky in some -ttinO" div ' rn afraid Inker practices at b orced aga·.b . final round but lost a of the cases I've such a d'ffi 111,. ecause White Inker ~ 1 -cu1'" . close decision to perennial handled." Land ep . Aronson, P.c., in }" 11"1"1-!;:i Jlotlonal powerhouse South Texas. _ r .A-'r~, p. ;Pl~~"" '" Boston with fellow In addition to his long­ " " Law School alumni Kenneth J Rossetti is an standing reputation as a and Country distinction John P. White '54 and attorney with the Boston top matrimonial lawyer, . in large part to the teach­ Martin L Aronson '58. _ law firm ofField & Roos Inker attributes the Town ing he has done at the -Abby Wolf LLP.

begin to take into account the top 50. The schools' of its worth. The dean Law School what sets us apart." ratings are based on repu­ helped draft a recent Again Ranked tation, selectivi ty, success lerrer, signed by 163 lInd in Nation Each year, in its evalua­ in professional job other law-school heads, tion of graduate and pro­ placement, and resources urging applicants to look Boston College Law fessional schools, the mag­ devoted to student beyond the published School has once again azine gathers data on 174 instruction. Although pecking order when con­ been ranked among the accredited law schools, retaining its overall rating sidering which law school top 25 law schools in the and publishes a ranking of position from last might be right for them. country by US News & year, Boston College For instance, says Soifer, World Report. In the improved its stand­ the US News ratings do newsmagazine's annual Ing In resources not take into account evaluation of graduate and in selectivi ty such unquantifiable fac­ schools, the Law School in admissions. tors as the face-to-face placed 22nd in the culture, the emphasis on nation for the second year Dean Soifer says treating students like In a row. that for all the ad ults, a curriculum that attention that a teaches how theory and "I'm pleased that Boston high rank gar- practice fit together, College Law School is ners for a law and the commitment to ranked highly," says Dean school, it is social justice that give Aviam Soifer, "but the hardly an Boston College its dubious science of this accurate or unique personality. _ ranking system does not full measure -Robert Keough

4 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1998 '00. "It made me realize how much work [in Campus Installs immigration law] is out New Video­ there, and how few conferencing lawyers are doing it. " System

One of the lawyers who is Law School students and doing it is Rebecca Feld­ faculty are no longer man '97. A staff attorney bound by campus walls. A for the Boston College new desktop videoconfer­ Immigration and Asylum encing system allows Project now working on a "meetings" between people fellowship sponsored by on campus and people at the Law School and the up to three other sites with "We tried to put a Catholic Legal Immigra­ compatible systems. human-rights focus into tion Network, Feldman the trip," says Mi-Rang represents immigrants The new system is intend­ Yoon, a third-year student held in detention by the ed to facilitate meetings Students who helped organize Immigration and Natural­ with experts as well as to Journey Afar on the Haiti excursion both ization Service who face expedite faculty, academic, Public Interest years. But to her, it was deportation. and administrative search Missions vital not to turn the trip interviews. For Law into simply a fact-finding She and second-year stu­ School alumni, it provides For an ever-growing num­ mission. "I think it's dent Jennifer Smith spent a vehicle for conducting ber of Boston College important to keep the spring break in El Paso, employment interviews Law School students, community service Texas, working with with students. spring break is a time not component." another unit of the for rest and relaxation, Catholic Legal Immigra­ Outsiders wishing to use but for public service. In contrast to the poverty tion Network. They grap­ the system will need the This year some 30 law and deprivation of Haiti, pled with the legal needs following technical infor­ students spent their Feb­ spring break in Miami, of Mexican border­ mation to know if their ruary hiatus on three pro­ Florida, does not sound crossers who face group systems are compatible jects helping people in or too tough. But the 14 hearings and mass depor­ with that in use at the Law from foreign countries. first-year students who tation. Feldman and School. The desktop units went this year did not Smith spent their are Pentium-based person­ The Haiti Project, now in spend their time at the evenings in refugee shel­ al computers running its second year, rook 14 beach; they worked for ters on both sides of the Windows95 and have a students to Port-au-Prince legal service agencies in Rio Grande, sharing Zydecron codec (compres­ on a humanitarian mis­ South Florida that help meals, doing laundry, and sion/decompression) PCI sion thar this year includ­ immigrants and refugees. playing cards with those card that transports audio ed a "legal and social-ana­ they might be called upon and video data across as lytical aspect," according "There is a tremendous to assist. "It was fascinat­ many as three ISDN (digi­ to Associate Professor hunger among our stu­ ing'" says Feldman. tal telephone) lines bond­ Frank R. Herrmann, S.J., dents for meaningful legal "Refugees tend to be very ed together to use up to '77. The students, several work," says Associate strong people. They've 384 kbps of bandwidth. of them returning for a Clinical Professor Daniel been through a lot." Each unir has its own 27- second time, helped at a Kanstroom. "They are inch color monitor with Missionaries of Charity excited by the possibility "I'm extremely gratified a remote control camera home for children and of using their legal skills that our students are will­ and a microphone, and worked in a clinic in the to make a difference in ing to give up their hard­ the system is Standards countryside. The delega­ people's lives." earned and much­ Compliant ISDN H.320. tion also mer with the deserved vacations to do National Coalition for And in their own lives. this extremely important For more information, Haitian Rights, embassy "It was a unique way of work," says Dean Aviam contacr Wayne T. Daley at officials, and the country's applying what we've Soifer. _ 617-552-4355. _ Minister of Justice. learned," says Amy Wax - Robert Keough - Deborah Patt

SPRING 1998 / BOSTON COLLEGE LAW SCHOOL lvlAGAZINE 5 Cover Retreat Inspires Commitment to Public Interest Careers

More than 150 people gathered in March for the eleventh annual Robert M. Cover Public Interest Retreat to talk about the many ways in which public interest advocacy advances human rights and promotes human dignity.

Approximately 100 law students from nearly 30 law schools joined 50 practitioners and profes­ sors in Peterborough, New Hampshire, in mem­ Participants came together {rom the worlds o{ legal practice and education: ({rom left. top) Andrew Simons ory of Robert M. Cover, '98, Dean Aviam Soi{er, Steve Wizner, Milner Ball, Danny Greenberg, Derek Haskew; and ({rom left. bottom) a professor of law at Yale Nan Aron, Ange/ique Magliulo. who was both a brilliant scholar and dedicated activist. Before his sudden to incorporate public Bexar County Legal Aid in small group discussions, death 14 years ago, Cover, interest work." San Antonio, Texas; Viviana partici pants reflected along with Professor Mil­ Patino, sole practitioner in upon the role of lawyers ner Ball of the University Organized by Andrew El Paso, Texas; and Danny within the global context of Georgia School of Law Simons '98 and fellow Greenberg, executive direc- of human rights as well as and Law School Dean Boston College law stu- tor of the Legal Aid Society about how, on an individ- Aviam Soifer, envisioned dents, this year's gathering of New York. uallevel, public interest an ann ual retreat. It was called Defending the advocacy empowers would give law students, Public Interest: Human A second panel discussed clients, respects their practitioners, and acade­ Rights and Dignity. the many ways in which humanity, and promotes mics committed to public public interest advocacy individual dignity. interest law and practice The first panel discussion involves not only protec- an opportunity to share focused on ways to tion of human rights in The highlight for many their experiences, aspira­ become involved with America, but also the attendees was the keynote tions, and philosophies. public interest advocacy, inherent dignity of address by Peter Cicchino as well as the struggle to clients The panelists were of the Urban Justice Cen- For Teri Dillingham '99, stay involved. The speak- Nan Awn of the Alliance ter in New York City. the conference illustrated ers were: Professor for Justice in Washington, Cicchino, a 1992 Harvard "the enormous need to Francine T. Sherman '80 DC; Corrin Ferber of Law School graduate and find ways to get involved of the Juvenile Rights Ayuda, Inc., a legal clinic former Skadden Fellow, is with public interest law, Advocacy Project at in Washington, DC; Teri the founder and director despite the financial Boston College Law Gerstein of the Florida of the Lesbian and Gay obstacles. I am not exactly School; River Ginchild- Immigrant Advocacy Pro- Youth Project. Defining sure what career decisions Abeje of Legal Services for ject in Miami, Florida; human rights as the re- I will make in the future," Prisoners with Children, and Marc Schindler of the cognition of "the other" she says, "but I do know in San Francisco, Califor- Youth Law Center in as a person, Cicchino that I want to find a way nia; I1eta Sumner '90 of Washington, DC. In concentrated on the many

6 BOSTON COLLEGE LAW SC HOOL MAGAZINE / SPRI NG 1998 ways human rights must HAPPENINGS shape the practice of pub­ lic interest law. "Defend­ Campus lectures, ing the human rights of others is a constituent visitors, symposia part of leading a happy life," he told the gathering. Compiled by Abby WoJf

For Jessica Herbster '00, Cicchino's emphasis on public inrerest work as a Atrocities' Foe necessary ingredienr for a satisfying career and a ful­ Richard J. Goldstone, Jus­ filling life resonated force­ tice of the Constitutional fully. "As a first-year stu­ Court of South Africa and denr," she says, "it is easy former Chief Prosecutor to lose sight of the reasons for the International Tri­ I came to law school. bunals for Rwanda and Being at the Cover Retreat the former Yugoslavia, was was inspirational because the inaugural speaker for it reaffirmed my inrerest the first annual Owen M. in public service." _ Kupferschmid Memorial - Sarah Huck '00 Lecture in April. The talk, "Accountability for Internationally known jurist Richard J. Goldstone traveled from South Crimes Against Humanity Africa to deliver the inaugural speech for the Owen M. Kupferschmid Mea Culpa - Prosecutions or Truth Memorial Lecture. Commiss ions?", was In the Fall 1997 issu e, an sponsored by the Kupfer­ ing justice in cases of fits in so well with our article ["Recenr Graduates schmid Holocaust/ international atrocities. mission," said Elizabeth Find Rewards in Helping Human Rights Project A. Broderick '98, the pro­ Needy"] appeared describ­ (HHRP) and drew on "We are so excited to have ject's student coordinaror. ing the VISTA work of Goldstone's work in seek- such a great speaker who The fundamental goal of four Law School gradu­ HHRP is to pursue the ates at Greater Boston worldwide study of legal Legal Services. responses ro state-spon­ sored human rights One of the graduates, violations. Kathryn Gans Rothman '97, had worked at Legal Services while in school, but the nature of her Independence Day responsibilities changed when she began working The Hon. Jon O. New­ full-time. Rothman works man of the US Court of in the Health Unit, where Appeals for the Second her energy is now focused Circuit, and a charter on Medicaid and member of the Bosron Medicare concerns. College Law School Among her tasks are out­ Board of Advisors, spent a reach and education day as a "distinguished about Medicaid's man­ jurist" at the Law School aged-care system and last fall. Newman's talk, helping Medicare recipi­ "Current Attacks on Judi­ ents who are having prob­ cial Independence," lems with their home­ The Hon. Jon 0. Newman of the us Court ofA ppeals spoke about capped a day of class visits health benefits. _ threats to judicial independence. and an informal lunch

SPRING 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 7 with students. Newman, who stepped down as Chief Judge of the Second Circuit last summer, became a Federal District Court Judge in 1972 and joined the Court of Appeals in 1979. He has written extensively on intellectual property, federal courts, the role of judges, and judicial inde­ pendence. In 1993, he was one of President Bill Clinton's final choices for the Supreme Court seat vacated by Byron White.

Working Closs

William Benjamin Gould IV, chairman of the By day a committed academic, by night Professor Daniel Kanstroom is a jazz musician. National Labor Relations Board (NLRB), spoke Trading Tunes for Asylum about the board's work and Washington politics Associate Clinical Profes­ to raise funds to support saxophone, bass, cello, to Professor Robert Berty's sor Daniel Kanstroom the work of the Boston violins, and recorders, Labor Law class in March. organized a benefit co n­ College Immigration and performed original m.usic, cert in March at Ryles, a Asylum Project. which will be released on A Boston native, Gould is jazz cl ub in Cambridge, Kanstroom's band, with a CD this summer. the first African-American to chair the NLRB. He has been on leave from Stanford, where he is the without saying that he is Charles A. Beardsley Pro­ a "life-long, die-hard Red fessor of Law, since Sox fan." becoming NLRB chair­ man in 1994. Gould has written extensively about Putting One's House labor issues. Among his in Order publications is the 1986 book, Labor Relations and Joseph W illiam Singer Professional Sports, which of Harvard Law School he coauthored with Berry. spoke in December at the As NLRB chairman, first in a series of brown Gould has proposed bag lunches called "Con­ workplace teams, more versations with ... " spon­ flexible union-otganizing sored by the Law Review. rules, broader union rep­ He talked about "Rent," resentation, and he has his article based on the greatly encouraged media­ popular musical of the tion over litigation. Berry, same name by Jonathan his friend for many years, Larson. Drawing on the insists that no mention fields of law, literature, can be made of Gould music, and sociology, Joseph William Singer gave a talk on the musical Rent.

8 BOSTO N COLLEGE LAW SC HOOL MAGAZ I N E / SPRING 1998 Singer discussed the oblig­ the author and editor of ations of property owner­ several books and articles ship and the ways of on bankruptcy and com­ coping with the realities mercial law subjects. of late twentieth-century urban life. His essay appeared in the December In a Family Way 1997 issue of Boston College Law Review. Martha Minow taught a mini-course as a Richard Huber Distinguished Code Words Fellow in January and gave an address on "Truth The Hon. William C. Commissions: Are They a Hillman, US Bankruptcy Second Best Alternative?" Judge for the District of Minow is a national Massachusetts and a leader in the field of fami­ member of the Drafting ly law. She has written Committee for Revised books and articles and Article 9 of the Uniform edited collections about Commercial Code, spoke the treatment of women, in February to Professor children, persons with dis­ Ingrid M. Hillinger's class abilities, and members about the Article 9 revi­ of ethnic, racial, and reli­ sion process. Hillman is gious minorities. Minow, Family law expert Martha Minow spoke on truth commissions.

a professor at Harvard Law School, was profiled Visitor of Note in the Boston Globe last November in an article In what is becoming that focused on her efforts an annual event, Cecilia to make sure that family Farrell presented an hour­ law serves and protects long piano concert at the fam ilies who co me Barat House in January. under its scrutiny. For the second year in a row, Farrell (the wife of Boston College Trustee Back to the Future John Farrell and the mother of two of the col­ The Boston College Law lege's graduates) traveled School Chapter of the from her home in Con­ Black Law Students necticut to entertain Association sponso red friends, family, faculty, its annual Black History staff, and students from Month Dinner at the the Boston College com­ Law School in February. munity. Farrell played Yolanda W. Rabun '94, selections from an attorney in IBM's Tchaikovsky, Scriabin, Office of Site Counsel, Chopin, and Schubert. spoke on the theme of "Looking to Our Past Cecilia Farrell made beautiful music in Barat House for an audience as We Prepare for Our of family. friends, and faculty. Future." _

SPRING 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 9 III PROFILE The Dean Soifer Years

It is a comfort to many of those who know Aviam Soifer that even though he is stepping down as dean at the end of the academic year, he plans to remain on the faculty, carrying on in the class­ room many of the mis­ sions that so vividly de­ fined his administration.

"His concern for social justice and for the less powerful, his dedication to people who don't have ready access to the legal system, and his openness to new ways of thinking about the law are an important part of my pride in being here," says Assistant Professor Kent Greenfield.

Greenfield recalls an inci­ dent that occurred not long after he arrived three years ago. He and Soifer

Dean Aviam Soifer's term has been marked by commitments to public interest low, diversity, and advancing the school's notional and international reputations.

made it clear that he had "Avi has a warmth and heard the student's con­ deep personal caring that cern," Greenfield recalls. he shares with his staff "On the surface, the issue each and every day," says may have seemed petty, I)eborah Blackmore were leaving work together dent would feel he could but the incident goes to Abrams, I)irector of Insti­ when a student came up speak to the head of the the school's commitment tutional Advancement. to the dean and starred Law School so informally to making sure students "He begins no meeting complaining about about such a matter, and are comfortable here." without first checking the vending machines. also that Soifer was so in on those concerns of Greenfield's first reaction attentive, "He was courte­ Soifer's quality of caring which he may be aware was surprise that a stu- ous, engaged, and he extends to many quarters, - a sick child, an ailing

10 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1998 parent. He has always of Soifer's efforts, as are expanded it. In fact, some expressed the importance improvements in internal have said that Avi was a Law School for balance in our lives as affairs, such as the expan­ dramatic symbol of the Meets the Press students and as staff. sion of admissions and Jesuit presence at Boston Unlike most supervisors I placement ptograms and College Law School," President Bill Clinton's have seen, he gives this a steady emphasis on Curtin observes. "intern" affairs have not philosophy life." diversity. He has seen to gone unnoticed by the it that first-year classes are Soifer has done all this faculty of the Law School. Running a law school smaller and that the while honoring the Law Professor George Brown takes more than a win­ school has hosted distin­ School's strong traditions. recently discussed the eth­ ning personality and guished visitors and con­ "I want to stress how, ical aspects of the investi­ good intentions. Soifer ferences. The number long before I came here, gation and the impor­ has tackled complex pro­ and types of summer this was a diverse and plu­ tance of maintaining the jects and seen them internships have grown, ralistic place," Soifer says. public's trust, in the through to successful and various programs Boston Sunday Herald. conclusions. The dou­ to address the student An active scholar, Soifer Professor Robert M. bling of institutional sup­ debt load have been has taught Constitutional Bloom commented about port for tuition remission implemented. Law and published wide­ the possible criminal and the substantial ly throughout his dean­ issues raised by the situa­ increase in faculty Another milestone was ship. Among his recent tion, in the Boston Herald, resources are rwo of his his establishment of a writings are the 1995 Austin American-States­ legacies. A third is the Board of Advisors. book, Law and the Com­ man, Charleston Gazette, building of the new law "These individuals bring pany we Keep, and such Cincinnati Enquirer, and library and the initiation their worldly experiences papers as "Who Took the Fort Worth Star- Telegram . of Phase II of the campus to bear in advising the Awe Out of Law?" and construction plan. Law School, and in turn "Born Classified, Born Another big case, the Boston College Executive spread word about the Free: An Essay for Henry Louise Woodward trial, Vice President Francis B. Law School's visions and Schwarzschild. " also attracted the atten­ Campanella, who has accomplishments to the tion of several Law worked closely with the world," says Soifer. "We regret his leaving," School faculty. Bloom dean on the project, says James J. Marcellino discussed the so-called describes Soifer's style as John J. Curtin Jr. '57 is '68, immediate past "au pair trial" with USA "low key and effective." chairman of the Board of president of the Alumni Today, Fox National He says that Avi had a Advisors and a long-time Council. "With Avi's News, WGBH-TV, good idea of what was friend to the Law School. urging, we implemented National Public Radio's needed architecturally to He identifies the signa­ changes in the way the "All Things Considered," support the Law School's tures of Soifer's deanship council operated that have and New England Cable academic mission and as his emphasis on pro­ moved us and the spirit of News' "News Night." was able to translate that grams of national concern the Law School closer to Professor Mark Brodin into the design of the such as immigration - a all the graduates around was interviewed by Fox­ buildings. topic addressed in a cam­ the country. Even now, as TV News about the pus visit last year by he winds down as dean, Woodward trial, and Soifer has also set Philip Anderson, presi­ he continues to do things Associate Clinical Profes­ fundraising records, in­ dent-elect of the Ameri­ that make the Law School sor Daniel Kanstroom cluding the funding of can Bar Association - a better place." commented on judicial the Law School's first and by Soifer's interest in process in a Boston Globe endowed chair with a public interest and And, from Professor article after the jury ver­ $1.5 million gift from human rights concerns. Emeritus Emil Slizewski dict was handed down. William F. Farley '69, Furthermore, Curtin says, '43, a man who has seen which is the latest major the dean has been a pro­ many deans come and Faculty spoke to the press forward stride. ponent of Boston Col­ go during his decades on other child-related lege's emphasis on team­ at the Law School, this issues as well. Professor The Law School's move work rather than compet­ tribute: "I think he's Francine T. Sherman '80 toward playing a greater itiveness in student been a tremendous dean, was quoted in Good role on the international endeavors. "Avi has fos­ one of the best we've Housekeeping about a stage is largely the result tered that image and ever had." _ Massachusetts law - Vicki Sanders

SPRlNG 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE I I designed to be tough on of American Law Teachers SrEPP •• G Up cialist Ann McDonald juveniles carrying guns. (SALT) under the banner preparing the Law School Professor Sanford N. of "educate don't segre­ Recent hires and for the communications Katz's comments on a gate." They were among promotions challenges of the twenty­ recent court case involv­ hundreds of marchers first century, concentrating ing divorced parents of (one-third in caps and on expanding and oversee­ different faiths battling gowns), including profes­ Com piled by Abby Wolf ing web development. over how to rear their sors, students, a delega­ child appeared in an arti­ tion of Bay Area lawyers, Lisa LaBanca Rogers is Vicki Sanders brings this cle that ran in the Boston and San Francisco mayo r the new Communications magazine to you. As Editor Globe, Charlotte Journal, Willie Brown, who Manager for the Law in Chief, Sanders writes and Flint (Michigan) walked through down­ School. She brings to this feature articles in addition Journal. Katz was also town to Union Square to position an extensive back­ to directing photography, interviewed by the Associ­ say "we won't go back." ground in journalism and writing, and production of ated Press, ABC News, and corporate relations. Prior the magazine. She comes ''All Things Considered." David Oppenheimer, a to her arrival here, Rogers to the Law School with a professor at Golden Gate worked for three years on long list of journalism cre­ Among other issues Law School in San Fran­ the main campus of dentials and awards, gar­ addressed in the media: cisco and a member of the Boston College. In her nered locally and national­ Professor Thomas C. SALT board of governors, new position, she works ly. Sanders has served in a Kohler talked on Radio says the aim of the with faculty and staff of variety of editorial posi­ America about the decline demonstration was to the Law School to market tions and written for many of mediating institutions make a nationwide state­ the Law School's work and publications, including and the significance of ment that anti-affirmative accomplishments to the the Boston Globe Magazine, Catholic social thought as action measures have had community at large. In the Boston Phoenix, Rhode a social remedy. Adjunct a negative and "dramatic addition to coordinating Island Monthly, the Miami faculty member William effect on minority enroll­ media relations and print Herald, the Providence Shutkin discussed the ment in publicly run law marketing, Rogers also Journal and the Berkshire prospects for reviving the schools," most notably in works with computer spe- Eagle. environmental justice California and Texas. movement for an article in the Boston Sunday Soifer, Espinoza, and Far­ Globe "Focus" section. _ ley all serve on SALT's - Abby Wolf board of direcrors. Soifer helped to organize the march, for which plan­ ning began in the spring Marching for of 1996, and Farley par­ Diversity ticipated in drafting the march manifesto. _ Faculty from the Law - Abby Wolf School took their show of support for diversity in legal education on the road in January - all the way to San Francisco, California.

Dean Aviam Soifer, Professors Leslie Espinoza and Anthony Paul Farley, as well as for­ mer Law School Dean Robert F. Drinan, S.J., marched with the Society Lisa LaBanco Rogers handles media relations and print marketing in her role as Communications Manager

12 BOSTON CO LLEGE LAW SC HOO L MAGAZINE / SPRI NG 1998 national reputation dur­ ing Father Drinan's cele­ brated 16-year tenure as dean. A generation later, I'd hate to think younger alumni might know him simply as being a Georgetown professor. Next time, why not at least add "former BC Law dean."

Second, Dan Kennedy's piece on the John Salvi case ["Tragedy on Bea­ con Street"] wasn't exactly timely. Most readers of this magazine and the dai­ Letter to ly newspapers figured out the Editor the Law School's connec­ tions to the Salvi trial The Finer Points when it happened - rwo years ago. Also, in his I enjoy the magazine's "Who's Who in the John new colorful, reader­ Salvi Case" sidebar, As editor in chief, Vicki Sanders is revising and redesigning the Boston friendly style, but I was Kennedy drops the ball College Law School Magazine. mildly disappointed by a when mentioning former couple of small points in Norfolk County District your Fall 1997 issue. Attorney and current US Michelle Magner joins me Law Day Awards Representative William Law School as Financial First, Robert F. Drinan, Delahunt. Delahunt also Aid Advisor, moving here Recognize S.J., probably deserves is a graduate of Boston from her position as ser­ Achievers better than to be identi­ College Law School, vice representative in me fied merely as a law pro­ Class of 1967. financial aid department Three alumni are among fessor at Georgetown on me main campus. Kim those receiving awards at University in a news arti­ Otherwise, keep up the Van Daley has been pro­ the annual Law Day cere­ cle ["Church v. State: No good work. moted to me position of mony in May. The Law End to Debate"]. Fresh­ Admissions Specialist. School Alumni Associa­ faced Boston College Law Matthew J. Kelly '97 tion is honoring Daniel School established its Boston, Massachusetts Donna Gattoni is the E. Callahan '72 with the newly appointed Supervi­ Hon. David S. Nelson sor in me Word Process­ Public Interest Law for his outstanding ser­ More Award in recognition ing and Copy centers. She Award for his 20 years as vice and the time he has of his achievements. brings with her several a public defender, and dedicated to the Law years' experience in Mary K. Ryan '77 with School oral advocacy Law Day ceremonies have finance and administra­ the William J. Kenealy, program. been sponsored by me tion at Boston Medical S.J., Alumna of the Year Alumni Association since Center and the Boston Award for her contribu­ The Hon. Roderick L. Ire­ 1958 to advance equality University School of tions to the Law School land, me first African­ and justice and to foster Medicine. Wenona Russ and its students and American to serve as a Jus­ respect for law's essential is the Faculty Support alumni. Professor Peter tice of me Massachusetts place in me life of every Assistant in Word Donovan '60 is receiving Supreme Judicial Court, is citizen. _ Processing. _ a Special Service Award receiving me St. Thomas - Deborah Paft

SPRING 1998 / BOSTON COLLEGE LAW SC HOOL MAGAZINE 13 I RANCOROUS COURT CASE, MASSA-

CHUSETTS DEFENSE ATTORNEY

J.W CARNEY JR. '78 RECALLS

STEPPING TO THE SIDEBAR FOR

A QUICK WORD WITH THE

JUDGE. CARNEY NOTICED

A HANDWRITTEN SIGN THAT

THE JUDGE HAD OBVIOUSLY

SCRIBBLED DURING THE TRIAL.

IN LARGE, BLOCK LETTERS,

IT READ, "PATIENCE."

If there is a judicial mantra, this word is probably it. In discussing the attributes of a good jurist with dozens of judges, lawyers, and educators around the country, "patience" topped every list and set the stage for a broad­ er discussion of that ill-defined quality known as "judicial temperament." The inherent dilemmas of sitting in judg­ ment have been with us since before Solomon. But in American society, as the courts are increasingly pressured to litigate social issues, the weight of justice hangs espe­ cially heavy. The sheer number of court cases surely has an impact on the deliberative nature of the job. So does the media spot­ light. Is it any wonder that judicial tempera­ ment is more scrutinized than ever before? In February, New York Times columnist William Safire commented that Whitewater prosecutor and former judge Kenneth Starr's biggest problem in the President Bill Clin­ ton/Monica Lewinsky investigation was that Starr was too quick to anger and lacked "judi­ cial temperament." ~

The Hon. Bonnie G. Wittner '72 believes that a good judge needs a firm hand, a kind heart. and a sense of humor

SPRING 1998 / BOSTON COLLEGE LAW SC HOOL MAGAZ I NE IS To act fairly, good judges must leave is susceptible to "black robe disease." Can a judge learn patience? Can he or quick tempers and sarcastic humor at the According to Carney, the symptoms of she turn an aggressive nature into a deliber­ courtroom door. They must be courteous to this disease include "a condescending atti­ ative one? Six alumni who sit on state and all and resist the temptation ro grab hold of tude toward lawyers and court personnel, a federal benches from Massachusetts to Ore­ a case and plead it themselves. Most of all, quick temper in the face of human frailry, gon talked about these issues and their own they must be self-aware. They must know and a lack of appreciation for the time and experiences in the courtroom. Their com­ which aspects of their personalities serve family constraints under which many ments are of particular interest, says Dean them well, and which to modulate. And lawyers practice these days." Aviam Soifer, because more and more they must listen. In fact, says Carney, fewer than half the Boston College Law School graduates are "Judges most often get into trouble not District Court judges who apply for Superi­ becoming judges. At the same time, a record because they have misapplied the law, " says or Court positions in Massachusetts are rec­ number of Boston College's law students Robert Brink, executive director of the ommended for advancement by the com­ are graduating into judicial clerkships Flaschner Judicial Institute in Boston, "but mittee. In most cases, temperament is the (see sidebar). because people perceive they have not been issue that holds them back. "Sensationalized trials, Court Tv, and an heard. Most people can accept losing a case aggressive media have made this a particu­ based on the law. They cannot accept being larly difficult time for the judiciary," says ignored." "Judges most often get Soifer. ''As a country, we have legitimized As executive director of the Massachu­ critique, so that someone who knows noth­ setts Commission on Judicial Conduct, Bar­ into trouble not because ing about the law feels qualified to comment bara Morgan Fauth has seen many com­ on very public cases. Better training for plaints in which a judge's behavior was at they have misapplied the judges is one defense," says Soifer, who issue. Caustic remarks or arrogant posturing recently served as Vice Chairman of the Task from the bench can SOut a trial. Or the prob­ law, but because people Force on Judicial Education appointed by lem may be as simple as a bad habit. "Some the Massachusetts Supreme Judicial Court. judges think with their eyes closed," she perceive they have not Another is "greater sensitiviry to how behav­ says. "A lawyer who has appeared in front of ior might be perceived." that judge before may understand he is been All of the judges interviewed agreed that thinking. But a client may be outraged that if respect for the law is to prevail, more than the judge has fallen asleep." • ever before it rests on their shoulders to rep­ The United States Supreme Court calls Most people can accept resent it well. Or as Barbara Fauth explains, the judge "the controlling mind of the court­ "The courts in this country are as sacred as room." As such, how a judge behaves toward losing a case based on any church or temple. If justice falls from its others in that courtroom - be they lawyers, pedestal, we're all in trouble." court personnel, or litigants - is crucial to the law. They cannot his or her success on the bench. Increasingly, those who examine the cre­ accept being ignored." dentials of lawyers applying for judgeships Bonnie G. Wittner '72: are as concerned about personaliry as they Humor in the court are about professional experience. Since That so many fail the temperament test 1993, when Governor William F. Weld may reflect the personaliry differences "I am not a potted plant," says Bonnie G. appointed attorney Carney to the executive between good judges and good lawyers. "The Wittner when describing her judicial sryle. committee of the state's Judicial Nominating transition from zealous advocate to impartial As a 15-year veteran of New York Ciry's Council, Carney has thought a great deal umpire can be enormously difficult," says Criminal Court and an Acting State about judicial temperament. During that Brink, whose Flaschner Institute has been Supreme Court Justice (where she hears time, he has reviewed the credentials of more training judges for the past 20 years. felony cases), Wittner insists the stakes are than 800 applicants for positions on the This is especially true, says retired Mass­ too high for her to remain passive. Massachusetts Superior Court, the Supreme achusetts District Court Judge Robert J. "On the criminal side, where you may be Judicial Court, and the Appeals Court. Donelan '46, when a lawyer comes before a handing down 50-year sentences," she says, "In my opinion," says Carney, "the great­ judge poorly prepared. "If you have two "you must be willing to give guidance and est responsibiliry of the Judicial Nominating good lawyers in the courtroom, a trial usual­ direction when it's needed." Committee is to determine whether a well­ ly runs smoothly," he says. "But if you have Wittner earned her credentials as a crim­ qualified applicant has the potential to have lawyers who don't know what they're doing, inal defense attorney for Legal Aid and as a a temperament problem." it's like having your teeth drilled without prosecutor in antitrust cases for New York's Almost all applicants, says Carney, have Novocain. You must resist the temptation to Attorney General. Just 35 when appointed excellent academic credentials, almost all do their jobs for them." to the bench, Wittner now specializes in have varied practices or experience in trial Or, as attorney Carney explains, ''A judge wiretapping and drug-conspiracy cases. In law. What is more difficult to assess is who has never suffered fools easily may have such a contentious environment, says Wit­ whether the applicant has a personaliry that to learn to do so." tner, a firm, steady hand is essential.

16 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1998 So is humor, which often helps keep things on a human level during long hours of jury selection. "But I don't respect col­ leagues who become MCs in their court­ rooms," says Wittner. "My style is business­ like, efficient, and no nonsense." Because she was both young and a woman when she was appointed, Wittner has always worked hard to earn respect in her courtroom. ("It's easier when you look the part," she jokes.) Now, many years later, the job is not made any easier by the gener­ al lack of civility in today's society. "People come to court dressed as if they were going to the beach," she says. This is all the more reason for a judge to work hard at setting and maintaining stan­ dards. Yet in the process, Wittner cautions, a judge, however skilled, must resist being mean or dismissive. "To be brilliant and a bully is to miss the whole point of justice." When a lawyer becomes a judge, the focus changes from winning to doing what is right says the Hon. Richard j. Chin '74.

The Power of Clerkships Richard J. Chin '74: a judge, I would like to be like him." A matter of respect Chin got his chance in 1989, when Gov­ I n 1997, Boston College Law School ernor Michael Dukakis appointed him to sent a record number of graduates When asked if he'd ever dreamed of the municipal bench. As such, Chin became into judicial clerkships. Out of a class of becoming a judge, Richard Chin - who the first Asian-American judge in Massachu­ 273, says Jean French, director of career served for three years on the Boston Munic­ setts history. Since he had spent so much services, 18.8 percent went on to serve ipal Court before being appointed a state time in court, Chin says, the transition from in the courts. In addition to having Superior COutt judge in 1993 - simply one side of the bench to the other was easy. more graduates working as clerks at the laughs out loud. Matter-of-factly, he This was especially so because he took his Massachusetts Supreme Judicial Court, explai ns that he was one of only two Asians sense of humor with him. the Law School now has graduates who graduated from Boston College Law A more difficult adjustment was the at federal courts in Georgia, New York, School in 1974. "Back then, it was enough switch from being an advocate to being a California, Florida, Rhode Island, New of an accomplishment for an Asian to attend balanced observer. "As a lawyer," says Chin, Hampshire, Alabama, and Washing­ law school," he says. "The possibility of "your one job is to advocate zealously for ton, DC. becoming a judge never entered my mind." your client. A judge must do what is right­ "This is a fantastic further educa­ Before entering private practice in Brock­ and that's much harder." tion for our graduates," says Dean Avi­ ton, where he now lives, Chin spent a num­ am Soifer. "They get to help write ber of years as a legal services attorney. Dur­ opinions and to see how the law is ing that time he observed firsthand the James F. Queenan Jr. '58: practiced close up. At the same time, it influence of a judge's personality on a court­ The secret of listening becomes a two-way street, as judges are room. The best judges, he explains, are nev­ able to learn a little about what's going er patronizing. They show respect for the During his 12 years on the US Bank­ on in the law schools and with the people who appear before them. ruptcy Court in Worcester, James F. next generation of lawyers." Chin recalls Judge George Jacobs as Queenan Jr. recalls only one time when he Although appellate court clerkships someone whose behavior he particularly "lost his coo!." have been a traditional career route for admired. Now on the Court of Appeals, The focus of his wrath was an attorney many aspiring lawyers, Judge James F. Jacobs was then a Probate Court justice. "At representing the US Internal Revenue Ser­ Queenan Jr. '58, who presides over the time," says Chin, "I was representing a vice. "The guy was totally unprepared," says cases in the US Bankruptcy Court in lot of poor people. Yet Judge Jacobs always Queenan. "What's more, it was a frivolous Worcester, suggests that graduates treated them as well as he treated those who case. That kind of behavior from a private consider a clerkship with a trial judge. were better-dressed. In Probate Court, you're citizen is one thing, but I expect more from "It gets you out of the ivory tower and often dealing with emotional people, and yet the IRS!" onto the front lines." the judge was endlessly patient. He After graduating from Boston College -JM remained in control without ever being dis­ Law School, Queenan spent a year clerking missive. I used to think that if I ever became for the State Supreme Court before joining

SPRI NG 1998 / BOSTON COLLEG E LAW SC HOOL MAGAZINE 17 with the other, as if he felt he could try the case better. You felt like there were three attorneys in the courtroom." Such behavior, says the jurist, undercuts judicial authority. With a strong background in bankruptcy law (he is associate editor of the American Bankruptcy Law Journal), Queenan has nev­ er fe lt a need to show off. But he does believe judges are more pressured today than when he first put on judicial robes. In Massachu­ setts, which is typical of the country, bank­ ruptcy filings have exploded. In 1987, he explains, four US Bankruptcy judges had a total of 5,000 cases. In 1997, five judges had 22,000 cases. That kind of increase inevitably affects the way judges - and their courts - are perceived by those who seek justice. Often, a Although he (eels judges are more pressured today than After becoming the youngest judge in Georgia at age 33 ever be(ore, the Hon. James F Queenan Jr., '58 remem­ court cannot take time for the niceties. This in 1981, the Hon.Albert L.Thompson 72 discovered bers losing his cool only one time in I 2 years. lack of civility can undermine civic authority, that a judge needs a "large dose o( common sense." the judge says, "in which case, everybody loses." a courtroom where everybody is trying to Fewer than half the please you. No one wants to tell you, 'No.' Fortunately, my wife is perfectly capable of District Court judges AJbert L. Thompson '72: putting me in my place when I come home It takes courage and humility at night. She just says, 'Honey, leave your who apply for Superior robe at the door.'" Court positions in "You don't have to be a scholar to be a C laiming that "arrogance doesn't sit well good judge," says Albert L. Thompson from on the bench," Thompson finds humility Massachusetts are his office at the Fulton Coun ty State Court­ mixed with courage in the rwo judges he house in Atlanta, Georgia. In dealing with most admires: Judge John Si rica, formerly recommended for the average citizen, he explains, "it helps to Senior Judge for the US District Court in have a large dose of common sense rather Washington, DC, who won widespread advancement by the than book sense." admiration for his pursuit of the truth dur­ T hompson, who graduated from the Law ing the Watergate trials; and Judge Frank committee. In most cases, School in 1972, began his career as a corpo- Johnson Jr., whose federal co urt in Alabama rate counsel in his hometown made many important civil rights rulings. I of Atlanta before accepting a Both, says Thompson, brought a superb Tposition at a local law firm. In blend of scholarship and patience to their 1976, he joined Jimmy Carter's courtrooms. Both could be firm when they campaign for president as an needed to be. is the issue that holds assistant to campaign manager Hamilton Both judges were also impartial, which Jordan. When Carter was elected, Thomp­ Thompson says is key to earning respect in them back. son went to Washington as a staff anorney the courtroom. "When I was first on the for the Small Business Administration, but bench, my colleague, Judge Tom Moran, he returned to Atlanta to open a solo prac­ told me I should treat strangers like friends the firm of Bowditch & Dewey in Worces­ tice. and friends like strangers," says Thompson. ter. There, he worked on corporate and civil In 1981 , at age 33, Thompson was "That's pretty good advice, and I've tried to cases, at one point dividing his time berween appointed to the Magistrate's bench, thus fo llow it ever since." estate-plan ning and Chapter 11 bankruptcy becoming the youngest judge in Georgia. "I filings. "I used to joke that half my clients never had any thought, any notion of were rich and the other half were broke," he becoming a judge, and certainly not at that Jay D. Blitzman '74: says. young age," says T hompson. "I found it a Focus amid the hurly-burly Queenan believes the best judges are great honor to put on those black robes. " good listeners who have no need for grand­ With the robes came great responsibility Although he has been on the Massachusetts standing. "I remember one judge who was and a determination to remain self-aware. Juvenile Court bench for only rwo years, Jay always gening into debates with the lawyers. "Being a judge is an aberrant lifestyle," D. Blitzman knows what is important when He'd argue with one side and then argue Thompson explains. "You spend your day in it comes to judicial temperament. "You

18 BOSTON COLLEGE LAW SC HOOL MAGAZI N E / SPRI NG 1998 must let the lawyers and litigants who come with everything court-related, such scrutiny too quickly," says Redden, which is exactly before you know they have been heard," he is inevitable. "You have to develop a thick what he did for his first few months as a says emphatically. enough skin to make the hard calls when the judge. "The thing that saved me was an evi­ This is never more true than in juvenile evidence demands it." dence course I took at BC with Professor court where a decision can change a child's [Frederick A.] McDermott. I just kept going life forever. But paying heed is not always as back to the basics, and that got me easy as it sounds. In the hurly-burly of mod­ Ja mes A. Redden '54: through." _ ern jurisprudence, where a judge like Blitz­ Acknowledging what you don 't know man may be asked to rule on 90 to 120 cas­ Julie Michaels is a freelance writer and an es a day, deliberateness may fall victim. It was not until he had been out of law editor at the Boston Globe. "Focusing and listening to every con­ school more than a quarter of a century that sumer of the court," says Blitzman, "can James A. Redden became a judge. And when become a physical challenge." he did so, he had some learning to do. Still, he has had 20 years to get in shape. Redden, who was in the last class to grad­ Defining Excellence uate from the Scollay Square building, head­ n Excellent Judges, a publication of ed for Oregon, where he spent 20 years as a I the Flaschner Judicial Institute in trial lawyer specializing in casualty cases and Boston, the Hon. Edward F. Hen­ medical malpractice. He left private practice nessey offers his description of "judicial in 1973, when he successfully ran for Ore­ temperament." Hennessey served for gon State Treasurer, and subsequently served 18 years as a Justice of the Supreme three years as the state's Attorney General Judicial Court of Massachusetts, 13 of before being appointed to the District Court those years as Chief Justice. bench by President Jimmy Carter in 1980. "The administration of justice is a Although thrilled to be out of politics fine art, and the lawyers and many oth­ and back in the courtroom, Redden was ers are its generators, but the efforts of nonetheless anxious about moving onto the all can reach no higher than the per­ bench. "I had been away for seven years," he sonality of the judge permits. Perfec­ says. "I worried that I'd be blindsided in a tion, if the judge seeks it, requires the case, that I wouldn't remember the law." knowlege of the law and faithful appli­ Judges are only human, says Redden, and cation of the law; diligence and effi­ when a difficult case gets away from them, a ciency; unfailing courtesy without sac­ natural reaction may be defensive posturing. rifice of firmness and decisiveness; That is when a judge's personality comes evenhandedness, while retaining a jeal­ into play. He has to know what he does not ous regard for the individuality of The Han, Joy D, Blitzman '74 believes that judges earn know, and at least acknowledge it to himself. every person; restraint, eternal respect through their ability to listen, "The key is to slow down rather than rule restraint, particularly as to both the quality and the quantity of speech; He started his career as a public defender in courage and strength in the face of crit­ 1975 and was director of the Juvenile icism. Above all, integrity in all its Court's Youth Advocacy Project when he nuances. In a sense, the system is self­ was tapped for the bench in 1996. perpetuating, because the judge who Looking back on those years, Blitzman reaches for these goals has, by example, says, "The judges I respected most were those a part in the decisions which inspire who made me feel I had the opportunity to some men and women of excellence state my case. I might not have agreed with and ideals to become judges, and they their decisions, but at least I felt I had been inspire others in their turn to the next allowed to do the best job for my client." generation and the next and the next. This crucial judicial characteristic is In searching for perfect justice, we seek joined by another, according to Blitzman: the impossible, but the search is worth backbone. In a world shrunk by technology, our total efforts. What we in the courts where a trial can turn into front-page news, do, and how we do it, is seen not only the courts must resist what he calls "justice by the litigants before us, but by the by plebiscite." entire community. The stakes are high. "A judge can decide a case in the morn­ Our performance will help to deter­ ing and by the time he leaves the courthouse mine whether constitutional principles he's greeted with three news polls and four are nourished and whether human Slowing down and getting bock to the basics are editorials questioning his decision," says good judicial qualities, according to the Han. James A rights are advanced." Blitzman. Given the current fascination Redden '54,

SPRING 1998 / BOSTON COLLEGE LAW SC HOOL MAGAZINE 19 utor Gets ~The hrough the window of an air­ eir attempt to Tplane descending into LaGuardia Airport, the grand office buildings of lower Man­ hattan look like so many toy blocks, and none more so than the twin totems of the World Trade Center. The box-like towers rise above their neighbors in a way that suggests that a gentle push could send them tum­

_~:-E bling down like dominos.

WI . ~ ~}-.o;V;:;:-':=:""'''' -': ..... -,.::::::.-:;.... ::::'-'" Which IS exactly what the -:. ~::';;~~~~fin' ... ~ ••::;:...., ...... ;::...... as" ..._ e:?- ~.. -''''' _ ~".'" '1\bi\at10n bombers had in mind five years ago NtW lork mim.t~ when they set off a powerful explo­ sive device in the World Trade Cen- ter's underground garage. The car bomb that exploded just after noon­ time on February 26, 1993, killed six people, injured hundreds of others, and did millions of dollars in dam­ age. But the bombers were hoping for much more. They expected the explosion to topple the north tower of the Trade Center, sending it crash­ ing into its twin. Then the two 107- story tree trunks of glass, steel, and concrete would continue their fall to the ground together. Had the terror­ ists gotten their grim wish, the death toll from the World Trade Center bombing could have been in the tens

of thousands. ~

Gil Childers '8 I made his mark as a lead prosecutor in the World Trade Center bombing trial with "the whole world watching"

SPRING 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 21 Nearly a dozen fundamentalist Islamic with the backing of a large, well-respected ried for 14 years. Facing graduation, militants from a variety of Middle Eastern law firm," he says. It helps that his new prac­ Childers, a good and facile student, consid­ countries have been sent to prison for the tice is in white-collar crime, where business­ ered law less a vocation than a "painless" parr they played in what is often described as men get caught in legal peccadilloes. postgraduate option. His choice of Boston the first act of foreign terrorism ever com­ Childers admits he might feel differently if College Law School was even more lightly mitted on American soil- thanks, in large he were defending "people accused of some considered, he says. Taking a year off after part, to Gil Childers '81 . Before his move to of the types of crimes 1 prosecuted all those college to travel in Europe, Childers left private practice last fall, Assistant US Attor­ years." instructions for his mother to send in a ney Childers had become a leading prosecu­ deposit if any of the law schools to which he tor of terrorists for the Department of Jus­ Fate guides his hand applied sent letters of acceptance. BC's was tice. And even in prosecutorial retirement, the first to arrive. citizen Childers remained involved. Last .t\ t age 42, J. Gilmore Childers is balding "I feel incredibly fortunate that fate guid­ January he sat in the courtroom as the con­ ~ ut still lanky and angular in frame. The ed my hand," Childers says, especially when victed mastermind of the bomb plot, Ramzi slightly patrician ring of his formal name he hears other lawyers talk about their law Yousef, was sentenced to 240 years in prison. comes, oddly enough, not from a blue-blood school experiences. Boston College Law Childers had pursued the fugitive Yousef for lineage but rather from what he calls "a con­ School was "a very sane and very humane two years. cession ro the Catholic Church of the place," he says. "That's rare among law schools, and more rare among better law schools." He cites professors Robert M. Bloom '71 The real nightmare began that February day and Peter A. Donovan '60 as teachers who in 1993, when an explosion rocked the World Trade Center. had an influence on him and his subsequent career. But none had a greater impact, he In the coming year, says, than Hiller Zobel, the Massachusetts Gil Childers would be home Superior Court judge whose controversial The World Trade Center bombing is a role last year in the so-called "British nanny" chapter that Childers may never put behind just a few hours a murder case made national headlines. him, nor does he want to. His new office is night, and work every day Viewed as prickly on the nineteenth floor of a Fifth Avenue and sharp-tongued, office building, one of six floors occupied by except Thanl~g and Christmas. Zobel, whose last the New York office of Orrick, Herrington year on the Law & Sutcliffe, the San Francisco-based law School faculty firm he recently joined. Childers's room is 1950s." His family always called him Gil, was Childers's first year in law school, "was loaded with memorabilia from his days after his grandfather. (Gilmore was likely a not popular among the students, but 1 loved working for the Justice Department. Dis­ surname at some uncertain point in family him," says Childers. played most prominently are a courtroom history.) But needing to baptize the boy in Childers charmed the Law School faculty sketch-artise's depiction of the first bombing the name of a saint, his parents gave him as well. "He was a delightful kid," says trial, for which Childers was lead prosecutor, "the most innocuous [first] name they could Donovan, who taught Childers torts and and the now-defunct New York Newsday's think of," he says. "The only people who corporations and has kept in touch with him front-page announcement of the verdict: ever called me John were the nuns in Sunday ever since. "I remember him as charming, GUILTY! School." witty, and a hard worker. He was the kind of Childers admits that the move uptown One of four children, Childers grew up kid you'd like to introduce to your sister." from dingy government offices in Foley in Edison, New Jersey, a town then marked And he knew how to have a good time. Square has taken some adjustment. "This is by a mix of large manufacturing plants - Childers directed the school show - the a tonier neighborhood than I'm used to," he Ford, Westinghouse, Revlon - and truck Law Revue - dragging his roommate, says. With Cartier across the street and farms. His father, a doctor who made house Sandy Starr '81, into the musical spoof of Tiffany down the block, Childers is careful calls until he retired, was occasionally paid in the Law School life. "He had an encyclope­ to keep his wallet in his pocket. "It's kind of kind. One patient, says Childers, regularly dic knowledge of show music," says Starr. dangerous," he says. Dangerous in a differ­ paid his bills in horse and chicken manure. "Everything 1 know about Broadway show ent way, that is, from the terrorists, mob­ "We had the worst smelling, but best fertil­ tunes 1 learned from Gil." sters, and just plain thugs he tried in 16 ized yard in town," he says. A clinical course in criminal process, years as a state and federal prosecutor. Childers went to Trinity College, a small which had him working for the Middlesex Another adjustment is finding himself on liberal-arts school in Hartford, Connecticut, County District Attorney's office in Fram­ the other side of criminal cases. Childers where he studied history, played football, ingham District Court, set Childers on the joined Orrick, Herrington & Sutcliff to start and met Anne Fairbanks, a classically trained prosecutorial path. After interviewing with a up a corporate criminal-defense practice, an singer and actress (she has appeared in com­ number of big-city DA's offices, Childers opportunity he saw as too good to pass up. mercials until recently) from Winchester, landed in Brooklyn - barely 25 miles from "It's like hanging out my own shingle, bur Massachusetts, to whom he has been mar- his boyhood home, but worlds away.

22 BOSTON COLLEGE LAW SC H OOL MAGAZINE / SPRING 1998 One of71 newly minted lawyers hired by ney Elizabeth Holtzman to turn over the Defusing the bombers the Kings County District Attorney's office Galante killing to his office for prosecution. in 1981, Childers remembers his first-day Holtzman agreed but, mindful of the credit hilders became an assistant US attorney orientation, which taught the fresh-faced that could be earned by dethroning the five Cin February 1988, quickly earning a assistant DA's what a dangerous place family chieftains, insisted on having one of reputation as a "selfless, incredibly dedicated Brooklyn was. They were advised that even her own assistants help try the case. For the lawyer" who prosecuted the most complex in the courthouse they should use the eleva­ Brooklyn DA's office, the assignment would criminal cases, according to Jeffrey Sklaroff tors, not the stairways, go to the bathroom also be a training exercise for a young prose­ '80, who joined Childers in the US Attor­ only in groups of two or more, and take cutor completing the initial three-year com­ ney's office for several years. Childers also handbags and other valuables with them mitment to the office who was ready to distinguished himself by having the creepiest when they approached the bench. That move up in responsibility - somebody like office every Halloween, when the staff's kids night, Childers rode the subway to his Childers, who was then prosecuting subway trooped through the halls trick-or-treating. unglamorous first assignment: the graveyard robberies and assaults. "He always set up his office in an elaborate shift in the "complaint room," a cramped The posting turned out to be a career­ theme of some kind, with amazing props," and airless office in Brooklyn's central-book­ making opportunity. "It changed the rest of says Sklaroff. "It was almost a haunted ing precinct that was staffed 24 hours a day my life," says Childers. Giuliani had agreed house." to take statements from arresting officers, to just a six-month exchange so the young But the real nightmare began that Febru­ victims, and witnesses. Brooklyn prosecutor could participate in the ary day in 1993, when an explosion rocked grand jury investigation, but Childers the World Trade Center. That very after­ De-commissioning the Mafia worked out so well he was asked to stay on noon, then-Acting US Attorney Roger for the trial. And when Giuliani, who had Hayes pulled Childers aside and told him, hilders was a Brooklyn prosecutor for planned to try the case himself, jumped to a "Wherever this goes, I want you to handle Cless than three years when he caught a different show trial - that of a Bronx it." Hayes later told the New York Law Jour­ career-making break. The newly appointed Democratic Party boss charged with corrup­ nal that he chose Childers, who was then US Attorney for the Southern District of tion - the prosecution needed all the help deputy chief of the criminal division, New York, Rudolph W Giuliani, now may­ it could get. The Commission case was left because of Childers's ability to go without or of New York City, was mounting a case in the hands of three virtual youngsters: lead sleep. In the coming year, Childers would be against the heads of the five families of the New York Mafia under the federal Racketeer Influenced and Corrupt Organization, or RICO, statute. The 1970 law was only then "H the government had lost, the consequences coming into its own as a weapon against would have been beyond comprehension. Gil Childers had individual Mafia families, but already Giu­ liani wanted to take RICO one step further: the pressure of havin~ He planned to prosecute the Mafia's govern­ the whole world watching." ing body, called the "Commission." . prosecutor (and later US Attorney for New To convict these top mobsters of operat­ Jersey) Michael Chertoff was 32 years old ing a joint criminal enterprise, Giuliani had when the trial began in 1986; John Savarese to prove, first, that the Commission existed and Childers were both 31. Still, they man­ home just a few hours a night, and work and, second, that it was responsible for at aged to convict the eight Mafiosi, who were every day except Thanksgiving and Christ­ least two crimes - so-called "predicate sentenced to 100 years in prison and fines of mas. "I missed a year of my daughter's life," acts." One such crime involved extortion in $240,000. he says. the concrete industry (thanks to Mafia con­ As the Commission case worked through Despite a crime scene marked by tons of trol of a bid-rigging "club" of concrete sup­ appeals, Childers shuttled back and forth rubble, the investigation went swiftly. A pliers, in addition to several construction­ between Brooklyn and Manhattan. Louis J. twisted piece of steel frame provided the industry labor unions, the mob took 2 per­ Freeh, now director of the FBI and then vehicle identification number of the van cent of the contract price for every founda­ chief of the organized crime unit, suggested that, loaded with urea pellets, sulfuric acid, tion poured in New York City). The other that Childers apply for the US Attorney's nitroglycerin, tanks of compressed hydro­ was the 1979 assassination of Carmine office. Surprisingly, he didn't exactly jump at gen, and four 20-foot-long fuses, was the Galante, boss of the Bonanno crime family, the idea. "I really loved working at the bomb. It was a Ryder truck, rented in Jersey in a Brooklyn restaurant. Under the Mafia's Brooklyn DA's office," says Childers. But he City, New Jersey, and reported stolen. rules of decorum, no boss of a family could also understood what a rare offer was on the Astonishingly, the renter, Mohammed be killed without the approval of the table. "Historically, they did not hire people Salameh, kept pestering the rental company remaining members of the Commission, a from the DA's offices," he says. His Brook­ for his $400 deposit. Salameh was arrested norm meant to keep peace among families lyn mentor put it to Childers in no uncer­ six days after the bombing, and three of his and to discourage ambitious underlings tain terms: "If Louie invites you over, it's an confederates - all fundamentalist Muslims from rubbing out their superiors. opportunity you can't pass up. And you're an associated with radical Egyptian cleric Sheik Giuliani asked Brooklyn District Attor- a___ if you do." (continued on page 48)

SPRlNG 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 23

An ambitious By Vicki Sanders Photograph by Dana Smith new clinical program may hold the key to unlock AKE YOURSELF BACK A FEW YEARS TO THAT LIFETIME ago the silent cries when you were an adolescent. Do you remember the tur- moil of being 14, 15, or 16? Do you recall the powerful of girls surges of ego and fear, your physical awkwardness, your rebellion against parents and authority at the same time in trouble that you were secretly crying out for boundaries? What about the fun stuff- your first kiss, being given the keys

to the family car, scoring 1500 on your SATs?

Now picture going through that heady time without a

mom and a dad or, perhaps worse, with a father who sex­

ually abused you or a mother who hooked for a living and

was drunk most of the time. Can you imagine being root­

less, living in one foster home after another, and having, in

lieu of parental guidance, the long institutional arm of the

state's social and correctional services directing you

through childhood?

Finally, think about what it

would be like to be caught in a No More faceless system where you have no

choice - and no voice - in what is done to you. ~

Professor Francine T. Sherman (foreground) and (from left, top) Jennifer Brown '98, Mary Colello '98, Cathy Liu '99, and Sheila York '99 work together to keep girls out of nsk.

SPRING 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 25 An ambitious program at Boston College disciplines - and make it absolutely neces­ will be exportable and replicable in other Law School is trying to change that grim sary for them to work with educators, psy­ communities. " reality for the more than 3,000 boys and, chologists, and social workers to find A notable achievement of the advocacy even more, the nearly 300 girls currently in answers," says Sherman. project is its success in engaging the very the care of the Massachusetts Department of Students' involvement in individual cases institutions with which it is finding fault Youth Services (DYS). If the program suc­ also enables them to identify and propose in the reform process. "It's been remarkable ceeds, experts in the field say, it could reform solutions to systemic problems that stand in how the system has responded," says the way delinquent children allover Ameri­ the way of this multidisciplinary approach Sherman. ca are treated. to rehabilitation. Advocacy project partici­ Sue Healy, clinical director at the deten­ The three-year-old Juvenile Rights Advo­ pants say that such an approach, which seeks tion unit for delinquent girls at the Old cacy Project ORAP) is under the supervision to tailor programs to suit each girl and her Colony YMCA in Brockton, Massachusetts, of Professor Francine T. Sherman '80 and specific needs as a female, is essential in a welcomes the project and the good it is operates in collaboration with Boston Col­ lege's Center for Child, Family, and Com­ munity Partnerships. It is a many-pronged clinical and participatory research program. The numbers are STRAINING A SYSTEM that The Girls' Initiative component aims to give voice to an involuntarily silent population, male-oriented juvenile justice system that is was designed for males to educate lawyers in a new field of multi­ increasingly impersonal and punitive. disciplinary juvenile advocacy that does not The establishment of the Juvenile Rights and that continues end at the detention-center door, and to cre­ Advocacy Project comes at a critical time for ate a model for nationwide policy reform. juvenile justice, especially with passage of the to labor under a double The project puts law students on the stringent Youth Offender Law in 1996. "The front lines of the juvenile justice system, system is in crisis," says Professor Sherman. where they serve youths whose rights may be "Its commitment to rehabilitation is eroding standard of justice. overlooked in a host of dispositional mat­ fast, evidenced by an increase in punitive juve­ ters. A scant 5 percent of juveniles in deten­ nile justice dispositions and shrinking tion have legal representation when such resources for rehabilitation." At the same issues as their treatment, relocation, and time, women and girls are the fastest growing doing for her charges. "Because of the num­ term adjustments are being decided. segment of the incarcerated population. In ber of young women in the system and the The project encourages a "critical lawyer­ Massachusetts alone between 1992 and 1996, pace, social workers don't have the time ing" or "rebellious lawyering" strategy that the number of girls committed to DYS for to put together custom-made options," by definition requires creative problem-solv­ delinquency increased by 120 percent. she says. ing. "If the students regard the girls' situa­ The numbers are straining a system that Law students in the Juvenile Rights tions as human problems not as narrowly was designed for males and that continues to Advocacy Project do. "The enthusiastic stu­ categorized legal problems, it will lead the labor under a double standard of justice. dent can do the scratching and scrambling" students in multiple directions - and across Boys are detained when they are perceived as not otherwise being done by the legal com­ threats to the community. Girls, on the oth­ munity or by the overburdened and under­ er hand, are viewed paternalistically, which funded juvenile-care system, says Tony results in longer sentences for lesser crimes DeMarco, director of the Children's Law in the interest of protecting them from the Center in Lynn, Massachusetts, which is a community with its risks of prostitution, collaborator in the advocacy project. abuse, drugs, and disease. The scratching and scrambling is paying "The way the system works is that a great off The students have won a number of majority of youth in the system are males appeals of DYS decisions on such issues as and therefore, with a much smaller number length of secure treatment. They have done of females, much less attention is paid to the so by coming up with creative alternatives kinds of needs girls have," says Mark Soler, born of multidisciplinary inquiry. Top-level president of the Youth Law Center in Wash­ officials have been attentive. One student ington, DC. In 1995 and 1996, Soler taught argued her case for 45 minutes with a deputy a course with Sherman at the Law School in commissioner. "She was advocating the which the seeds for the advocacy project appeal of a decision to put a girl in a locked were planted; he has been impressed with facility and explaining the case ftom the per­ the outcome. "It is the kind of innovative spective of the whole child rather than from work that is good legal education and that a strictly legal point of view. He was very benefits the community, which is what interested," Sherman explains. "Win or lose, Listening to girls at risk is on important port of the training received by students of low and social work such Boston College so strongly stands for," he we are taking our clients' voices to the top, as Nicole R Manny ·98. says. "It is also model advocacy for girls that and they feel they are being heard."

26 BOSTON COLLEG E LAW SC HOOL MAGAZIN E / SPRI NG 1998 Sherman is determined that her program Fitch says. "I am her voice, and if that's what how to make it happen than anyone else has be holistic. "Because we enter a case at dis­ she wants, I need to be able to say it loud done," Sherman explains. "We look at long­ position, our perspective is on the whole and strong for her." term goals, short-term goals, and all the lit­ child, what her place ment is, what education That is not to say that the Juvenile Rights tle stuff in the middle." she needs, what her heal th issues are. We Advocacy Project students are following Such stands are vital if the fight against work on all those human dimensions," Sher­ their clients' demands willy-nilly. On the paternalism is to advance, say the project's man says. If, for example, a girl is accused of contrary, they engage the girls in discussions participants. But the progress is painstaking, violating the terms of her probation, the and research that encourage informed deci­ eked out in tiny increments, one argument project advocate represents her in court but sions. "We spend more time with them try­ at a time. "It seems to me yo u have to look does so while reorienting the discussion ing to figure out what should happen and at success on a very small scale because these around all of the client's needs. "Because we enter the picture from this postute of sup­ porting the whole child, whatever happens afterward is seen from that perspective, " Law Student Puts she explains. Soros Fellowship Barbara Kaban '98 is the winner of a prestigious Soros Justice Fellowship, which, to Work for Juveniles upon her graduation, will underwrite her work in representing juveniles and doing T he recent awarding of a major policy research for the JRAP and Children's national fellowship to a third-year Law Center. The state's long-standing repu­ Law School student has been a boon to tation as a leader in juvenile rights laws the school's fledgling Juvenile Rights makes for a bureaucracy that is unusually Advocacy Project. responsive to the changes the project is Barbara Kaban '98 will use her Soros proposing, says Kaban. "The advocacy pro­ Justice Fellowship, awarded for the 1998- ject has been very successful in establishing '99 year, to work for change in the juve­ nile justice system. One of 15 recipients an ongoing dialogue with DYS, and in many Barbara Kaban ·98 is using her postgraduate Soros honored by the Open Society Institute's ways they are open and receptive to examin­ Justice Fellowship for the Law School's Juvenile ing their procedures to see how they can do Center on Crime, Communities, and Advocacy Project. things better. That's not to say we don't go Culture, she is doing both hands-on legal head to head on individual cases, but about work for girls in detention in Massachu­ Excited by the opportunities that the systemic issues they are willing to talk." setts and system-wide research aimed at Soros Fellowship affords her - it pays When it comes to individual cases, the policy reform. salary and benefits and is renewable for a stories are as inspiring as they are heart­ Kaban's project dovetails with the second year - Kaban believes the acade­ breaking. One of the hardest lessons for Law goals of her sponsors, the Juvenile Rights my-based Juvenile Rights Advocacy Pro­ School students to learn is that when delin­ Advocacy Project, a three-year-old pro­ ject is an excellent vehicle to carry forth quent girls exercise their right to be heard, gram of the Law School headed by Pro­ the juvenile rights cause. "I think the pro­ their decisions do not always lead to happy fessor Francine T. Sherman '80, and the ject can have a huge impact because of its endings. Having their say, however, often Children's Law Center of Massachusetts, ability to publish papers, run symposia, gives the girls something of great value itself, a collaborator in the Law School's effort. and train lawyers. It becomes a catalyst a feeling of empowerment. "A lot of times it Of immediate concern to Kaban is the for change as more and more people dis­ is taken for granted that the girls don't need movement in juvenile justice toward cuss the issues." to know or won't understand what's going more punitive rather than rehabilitative Kaban brings to her legal studies a on," says Healy of the Old Colony Y. "With solutions for children in trouble or at background in education and business. the advocacy project, I see the gi rls starting risk. The trend is particularly worrisome She has an MBA from the Boston Univer­ to have hope again and feeling some when it comes to the care of girls. "Part sity School of Management and a master's empowerment in the decisions being made of the problem with girls is that they are degree from the Harvard Graduate School about them." the most rapidly increasing population of Education. She was the recipient of the Ginger Fitch '98 has a client with signif­ and the system has yet to find a way to Massachusetts Bar Association Smith Fel­ icant disabilities, characteristics that make treat them; they've just overlaid boys' lowship in 1997 and the Kellogg Founda­ her particularly vulnerable in a system accus­ treatment," she says. Furthermore, tion Child Welfare Law Fellowship in tomed to doing what it deems right for the because of the system's paternalism, girls 1996. She has also co-authored three girl as opposed to what the girl herself feels are often locked up and kept longer for books in developmental psychology and is in her own best interest. In this case, the lesser crimes in the interest of keeping written a number of articles in newspapers client wanted to receive treatment at home them safe. The consequence, says Kaban, and magazines such as the New York Times rather than in a long-term facili ty, a choice is that their liberty interests are often and Harvard Magazine. DYS was resisting. All the more reason to overlooked. -vs make sure that the girl's position is aired,

SPRI NG 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 27 are teenagers and their lives and needs and vIsIOn and energy of Francine Sherman, experience has taught him the value of har­ wants change from day to day," says Fitch. whose legal scholarship and practical acu­ nessing the missionary zeal, boundless fer­ "One girl wanted to go out of state and be in men are winning supporters on many fronts. vor, and energy of law students on behalf of a living arrangement she helped to set up, "She's absolutely brilliant in her knowledge juvenile justice. and we assisted with that. The next thing we of law and in her knowledge of how things Such qualities are especially useful in a knew, she was back here. We can't see as a work," says Fitch, who has been a student of participatory project that invites the juve­ failure something that doesn't work out Sherman for two years. "She has the specific niles into the research. For example, Law long-term because, at the time, that was knowledge to help us make things happen School students, in collaboration with col­ what she wanted." but a larger perspective on the implications leagues from Boston College's schools of Another of Fitch's clients had given her a of what we're doing on the juvenile justice education and social work, have conducted list of things she wanted her to do, only to system." focus groups that ask the girls in detention take care of three or four of them before In keeping with her mandate as an edu­ for their definitions of good lawyering and Fitch did. "I said, 'I guess you don't need cator, Sherman has built an education com­ for their opinions on what sort of represen­ me,' and she said, 'No, I don't. '" The ponent into the mission of the Juvenile tation would serve them best. From this focus group data, they are developing sur­ veys to measure attorney effectiveness from the perspective of delinquent clients. One of the HARDEST LESSONS for Law School One laboratory in which the Juvenile Rights Advocacy Project is able to test its exchange thrilled Fitch. "Part of this is get­ t;tudentt; to learn it; that findings is the Law Center at Brighton ting them to feel that they can ask for things High School in the Boston public school themselves. The real success was that she when delinquent girlt; system. The center is not part of the Girls' took the initiative." Initiative, but its purpose is similar: to pro­ In some cases, the girls benefit not only exercit;e their right to be vide multidisciplinary, collaborative solu­ from the advocacy but also from having a tions to under-represented juveniles. positive relationship with someone from the Law students offer seminars and interac­ outside world. The day before she is to be heard, their decit;iont; tive classes on topics such as sexual harass­ released from a secure facility after serving ment and date and domestic violence, and 10 months for involvement in an armed do not alwayt; lead to they consult with the teens on a variety of assault, a 17 -year-old mother we will call legal issues. Katherine Kettler '98 has been Angela talks about her experience with the happy endingt;. helping one young woman through the Juvenile Rights Advocacy Project. mazes of immigration and welfare, adding a ''They fight for you to the T," she says. much-needed legal dimension to the social "They give me the advice I need without the Rights Advocacy Project, which is sponsor­ services the girl is receiving. BS. " At issue were Angela's visitations with ing two forums on disposition issues for On top of everything else, the girl, whom her infant son. She had been told she would delinquency attorneys. She has taken her we will call Connie, learned that her parents be able to see him once a week for an hour; cause on the road, speaking at an American had been killed back home in her native instead DYS was permitting two hours every Bar Association Juvenile Defense Leadership country. Thanks to the efforts of Kettler, other week. Given the brevity of the ses­ summit, a Public Welfare Foundation Connie is receiving the representation she sions, Angela was worried abour the length roundtable, and at gatherings of Massachu­ needs to understand her options and of time between visits. The Law School setts human services officials. Further, as an advance her interests. Kettler in turn is advocates went to bat for Angela, winning a academy-based hotbed for advocacy, her learning where to get help for a child with so compromise of four-hour visits every two project is becoming known as a resource for many disparate and crushing needs. weeks. ''A lot of time kids get screwed practicing juvenile and delinquency attor­ Connie, like so many of the previously because they don't know their rights and neys, as a center for policy research, and as voiceless girls, symbolizes the promise of the what they are entitled to," she says. "It's great an incubator for training a first generation of Juvenile Rights Advocacy Project. "She's a that they can help without charging, and I'm multidisciplinary juvenile advocates. wonderfully strong person," says Kettler. thankful they are doing it for me. They are Sherman has developed these initiatives "Her situation is pretty tragic, but she keeps around when I need them, and they don't with support from the Law School and on working on it." judge me." funds from the Gardiner Howland Shaw If there are lessons to be learned here, says Angela maintains contact with the pro­ Foundation, which has backed the project Sherman, clearly they are mutual. _ ject from the transitional foster home where for three years, and the Public Welfare Foun­ she will live until she qualifies to reside with dation. Tom Coury, executive director of the her son. "It's a comfort to know I have peo­ Shaw Foundation, says the combination of Vicki Sanders is editor of the Boston 1 ple to call," she says. "I haven't had that in Sherman's "persuasive powers," Dean Aviam College Law School Magazine, founder of my life." Soifer's assurances of the Law School's strong Vicki Sanders Communications consuLting T he progress of the Juvenile Rights commitment, and the merits of the project firm, and a writer for the Boston Globe Advocacy Project is a direct reflection on the itself was irresistible. Besides, he says, past Magazine and other pubLications.

28 BOSTON COLLEGE LAW SC HOOL MAGAZINE / SPRING 1998 THE SCHOLAR'S CORNER

HE HREE (ONOMES Rethinking the connections between society, ecology, and money

OW does one evaluate the public val­ Hue and impact of things that do not have a price or cost, and then inte- grate them into the fabric of our sys­ tem of social governance? This conundrum has been a funda­ mental question of public law gener­ ally and, in particular, of environmental law over the decades of its remarkable development since Rachel Carson's Silent Spring in the early 1960s. The trouble is that human nature, and the corporate mecha­ nisms that reflect it, have created an immensely dynamic economy based upon maximizing the interests of individual actors, with no intrinsic motivation to serve public civic objectives. Indeed, the motivation of the marketplace is under­ standably to pay as little of the true social costs of resource consumption or waste disposal as possible, passing these externalized costs unaccounted into the diffuse public commons and the natural environment. Along with the most dynamic economy the world has ever seen - with burgeoning technological goodies and the Dow Jones at 8950 (at press time) - we also get, from the logic of marketplace cost externalization: pollution, loss of . natural resoutces and amenities, and an increasingly problematic quality of life. Nature is important to human quality oflife, how­ ever, even if the economic mechanisms of the market­ place normally do not acknowledge it. In several fascinating new economic accounting projects from outside the realm of corporate finance, Robert Costanza and Herman Daly have esti­ mated that the value of "natural capital" services supplied free or at By token cost to human enterprises each year - in water supply, Professor Zygmunt lB. Plater waste assimilation, production process resources, etc. - amounts conservatively to $16 trillion to $ 54 trillion per year. Our society's Illustration by D.B. Johnson environmental "natural capital" is threatened with disruption, pol-

SPRl NG 1998 / BOSTON COLLEGE LAW SC HOOL MAGAZ IN E 29 lurion overload, and dissipation by thought­ theorem which has now become standard wetlands will tumble, however. The real less human actions, but its true value is hard wisdom, aren't we really identifYing a third estate lobby, therefore, has written legisla­ to protect and sustain because Nature does economy? Social costs externalized by the tion overriding such rules or requiring tax­ not present the bill, at least in dollar invoice market go somewhere, not into feckJess payers to buyout property owners if regula­ terms. Traditional economics resists space but into a larger social economy in tions lower market values by 25 percent or acknowledging this strategic economic vul­ which we live, a civic, societal economy. more. Market-oriented judges also insert a nerability, as it does traditional social cost So I propose that analytically we must similar logic into constitutional takings tests, externalizations like pollution. recognize three economies - a marketplace like the one articulated by Justice Scalia in The marketplace economy is systemati­ economy, an economy of nature, and a civic, the 1992 Supreme Court decision, Lucas v. cally blind to many important elements of societal economy that incorporates the over­ South Carolina Coastal Commission. This sets reality; for the most part it deals only with arching economics of the public interest as up a confrontation that cannot be realistical­ services and things that can be bought and well as the dynamics of the marketplace ly analyzed in terms of just one economy. It sold. The cash register economy does not economy. needs three: the market calculus, the natural deal well with natural or social values and If one were to do a schematic rendering system consequences, and the cumulative goods that don't have a present chargeable of the three economies, showing their sepa­ effect on the public. demand value, or have greatly discounted rateness bur fundamental interrelatedness, it The marketplace economy is the well­ market values or none at all. It takes for might look something like this: known mechanism of everyday economic granted many natural and public values that and political behavior. It sits in the middle, are priceless. It generates waste and external­ dynamically churning out power, interlock­ ities. These problems are massive and real, ing networks of motivations and institu­ and need to be part of a societal accounting. THE THREE ECONOMIES tions, property rights, production, politics, The marketplace, however, is the dominant and wastes. force in modern political life and intensely The natural economy, as noted by Sax resists the imposition of a civic accounting and others, is the intricate system of systems, of social costs through environmental laws. living and geophysical, that sustains plane­ How can we achieve an integration of tary processes. It partly overlaps the two important societal concerns that lie beyond human economies, supplying vital resources the marketplace, including the intricacies and services to both, but in part lies out­ of nature, into the processes of daily life side them. The economy of nature and civic governance? In response to The processes everything, adapts to every­ recent attempts in the Supreme Court thing, (though often with altered and and the 104th Congress to override pub­ diminished qualities of ecosystem health lic interest regulations by requiring broad Marketplace and diversity), absorbs wastes and other property rights compensation, the coun­ externalities from the marketplace, and try's preeminent environmental law passes the effects of many of these exter- teacher, Professor Joseph Sax of the Uni­ Economy nality impacts onward to the civic economy. versity of California at Berkeley's Boalt Hall The civic, societal economy comprises School of Law, argued that there are the comprehensive total reality of "two economies." The economy of resources, energy, Inputs, out­ nature, Sax asserted, exists con­ puts, qualities, and conse­ currently with the human mar­ quences that carries the life ketplace economy. Many public and welfare of a society from laws are designed to protect the day to day and into the future, complexity of nature, an intricate whether the marketplace acknowl- system of systems lying beyond material edges them or not. The civic, societal economIcs. economy contains the dynamic processes of Sax and other proponents of two Consider the situation when a land the marketplace within its realm, bur its economies have provided no compelling developer plans to build a lucrative project terms and elements also extend much fur­ explanation to skeptics like the Supreme - a restaurant, shop, or fancy vacation resi­ ther beyond just those things that can be Court's Antonin Scalia why human econom­ dence - and needs to fill in an acre of bought and sold. Externalized costs, for ics must acknowledge nature's economics. coastal wetlands. Wetlands provide flood instance, go forth from marketplace actors Defining the existence of two economies retention and storm-buffering functions, and accumulate somewhere, even if they are is helpful, bur to make that link, and in habitats for wildlife and fish including com­ invisible to the marketplace, and they have order to construct a complete and compre­ mercial fisheries-spawning areas, climatic important consequences. hensive schematic structure, it seems impor­ stability, groundwater recharge functions, Costs externalized by marketplace enter­ tant to hypothesize one additional "econo­ and more. Federal, state, or local regulations prises - by factories, porkbarrel govern­ my": When we talk about the problem of have been written to protect wetlands ment agency projects and programs, or environmental social cost externalizations, a against development. The real estate value of undertakings combining private and public

30 BOSTON CO LLEGE LAW SC HOOL MAGAZ INE / SPRI NG 1998 WHAT'S IN A NAME? We must recognize THE MARKETPLACE ECONOMY is THE CIVIC, SOCIETAL ECONOMY is three economies - what people normally mean when they the ultimate economic forum in human say "economics" - the corporate, com­ terms, incorporating both of the other a marketplace economy, mercial, and transactional world of daily economies. This is where the externalities economic and political life that motivates go, and where they must be responded an economy of nature, most of wh at people do, and that inti­ to. Societal economics are the compre­ mately links people, nations, and private hensive reality of the full actual social and governmental institutions within its costs, benefits, and consequences over and a civic-societal complex processes. The marketplace time - whether tangible or intangible in economy is the dynamic, driving force of monetary terms - with which the SOCiety economy that human society. It is undoubtedly the most ultimately lives. The societal public econ­ intricate and sophisticated social mecha­ omy desperately needs the market econ­ incorporates the nism ever devised to manage the extraor­ omy, but for the sake of its own short- and dinary ongoing complexity of human soci­ long-term interests, a society must some­ overarching economics ety. It is society's dominant engine of moti­ how contrive to value and incorporate into vation, coordination, production, selective its governance important elements of of the public interest. allocation, and social governance. reality that the daily dominant market­ place does not. Societal economics thus THE NATURAL ECONOMY comprises enfold and incorporate the marketplace what happens in the natural physical economy, but must go beyond it. entrepreneurs - do exit the marketplace world. In nature, as Rachel Carson and Widespread pesticide use, overgraz­ economy, but they do not thereby drop into ecological sciences have demonstrated, ing, pollution dumping, highway salting, oblivion: By the laws of physics, ecology, intricate living interconnections have massive layoffs of corporate workers, or a and logic they are internalized into one or evolved around the globe, creating broad host of other cost externalizations may both of the other economies, into the fabric life-sustaining pyramid systems of great make powerfully good sense to market of the natural and societal economics in intangible value. Following the laws of players in the narrow market terms of indi­ which we and our society will continue to physics and ecology, the natural economy vidual gains, but be quite irrational in soci­ live. This is the truth that many market absorbs, adjusts, responds, intercon­ etal economics terms because of a gross economists try to avoid. nects, and changes according to what imbalance of social costs and harms, a The theoretical importance of a compre­ elements and impacts are added to or relative lack of neccessity, or the avail­ hensive accounting for externalized costs has subtracted from it. ability of preferable alternatives. Regula­ long been acknowledged by academic econ­ The health and diversity of natural sys­ tory agencies, in this construct, have omists, but gets overlooked in the day-to­ tems can be drastically damaged by care­ mandates designed to serve the civic day economic and political pressures of the less human disruptions, often with dys­ economy, but they spend most, if not all, marketplace. Economic analyses that ignore functional consequences for humans as of their daily political lives dominated by civic, societal economics, or natural eco­ well as nature. Human interventions with the pressures and constraints of market­ nomics that impinge on the civic sphere, are the commons of nature - with chemicals, place politics. So, too, societal economics naIvely or disingenuously narrow, failing to bulldozers, or whatever - can create must be vigilant and responsive to the account for substantial realities that widespread residual cumulative conse­ fuller unreckoned consequences of mar­ inevitably will be felt by the society. quences, mostly in disruptive directions, ket actions. So, too, the natural econo­ Charting out the three economies pro­ reaching as far as extinction. my's complex elements are often directly vides a structure for analyzing the interrelat­ Recognition of a natural economics and substantially linked to the utilitarian edness and interdependence that lie at the forces us to recognize that nature is not heart of modern science and policy analysis. concerns of societal economics. Going beyond marketplace economics illus­ just a charming sidenote to human life. It Healthy societal economic systems trates the need to integrate a serious system­ is, rather, a complex and utilitarian system are founded upon healthy and sustain­ atic accounting of important social costs in its own right, superbly integrated, diver­ able ecological system cycles of soil, externalized into the natural and civic sified , and efficient in processing and water, air, and living communities. When economies by the marketplace, into the recycling energy and nutrients, integrating a resource system is derogated or process of social governance. If natural eco­ millions of ongoing and evolving life destroyed, some enterprises may prosper nomic and public values can be forced into cycles, adapting to natural change, and greatly, but the society is likely to be far marketplace economic processes, they are ultimately important to humans (which less well off. much more likely to be efficiently imple- links it to the civic societal economy). -zp

SPRING 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 3 I men ted. If civic and natural economics are The economy of nature often has a criti­ issues demonstrate important linkages acknowledged, marketplace economics will cal impact upon the civic, societal economy. between all three economies. not be the preclusive standard of regulatory This logical connection between natural sys­ The analytical construct of three validity. tems and societal interests provides the com­ economies provides a potentially useful Both natural and societal economics, pelling utilitarian linkage that should force matrix for discussion of many issues of envi­ however, are often ignored and over­ hardnosed economics-based legal and policy ronmental law and policy, and beyond, whelmed by the momentum and political analyses to integrate environmental consid­ which this essay can only suggest. Here are a power of the daily marketplace's narrowed erations, as Scalia sought so strenuously not few policy issues that illustrate how the three perspectives. The marketplace economy to do in Lucas. economies can be analytically useful, most powerfully dominates the other two in In positive terms the civic, societal econ­ of which have legal urility as well (that is, the everyday human and political behavior, omy receives the values and benefits humans construct is helpful in legislative, adminis­ which, depending upon your perspective, is derive from natural systems, like the multi­ trative, and industrial policy arenas, and not necessarily a good thing. Regulatory trillion-dollar "natural capital" values that often in shaping legal arguments): agencies have mandates designed to serve some resource economists say we annually • Asserting the utility and limitations the civic economy, but they spend most if receive "free" from nature, values unac­ of benefit-cost analysis. not all of their daily political lives dominat­ knowledged by the marketplace economy. In Though public and private entrepreneurs ed by the pressures and constraints of mar­ negative terms, the civic, societal economy typically promote projects without counting ketplace politics. Scratch an environmental absorbs the marketplace's externalized costs, social costs, no development project or pro­ law controversy anywhere in the world and both directly and indirectly. Although some gram can be rationally evaluated in a vacu­ you are likely to find a natural value or a marketplace externalities only affect natural um; it requires comprehensive accounting of public value being destructively disregarded systems, with no human consequences, non-marketized civic costs and benefits over by the market's political and entrepreneurial many others pass through the environment time. On the other hand, recent bills in forces. into the human welfare context of civic, Congress have sought to impose narrowed Environmental law directs itself toward all societal economics. Thus toxic spills into market-oriented cost-benefit restrictions on three economies. Its instrumental focus is watercourses, global warming, lost fisheries , public interest regulations as objective mea­ almost always upon the marketplace economy, eroded soi ls, wetlands destruction, pesticide sures of regulatory validity, an initiative that attempting to apply appropriate external con­ loading, and a host of other environmental even many economists think unwise and straints and values in three separate infeasible. settings: • Defining "How safe is safe?" 1. where marketplace external- Risk assessment is likewise a rational ities have a direct impact upon process that sometimes runs the risk of human welfare in the civic, soci­ Our society's environmental reductionism: "Will this cause cancer?" The etal economy - as in human tox­ three economies can operate as a reminder ic exposures, urban transit, his- "natural capital" is that risk assessment must internalize indirect toric preservation, and the like - consequences to natural systems and civic without reference to the economy threatened with disruption, economics beyond simple numbers of indi­ of nature; vidual cases of illness. 2. where marketplace external­ • In balancing private vs. public rights. itie~ impinge upon natural sys- pollution overload, and As Sax has argued, the natural economy tems so as to cause consequential constitutes an important system to be fac­ harms to human welfare in the dissipation by thoughtless tored into the definition of contending civic, societal economy - as with rights in the regulation of private activities. global warming, Forest Service human actions, but its By adding the third economy, the implicit clearcutting sales, toxic discharges balance in regulatory takings cases is clari­ into the nation's waters, and the true value is hard to protect fied to include consideration of public like; and harms, often incorporating consideration of 3. where its legal protections the effects of disruptions of the natural econ­ target marketplace externalities and sustain because Nature omy. purely in terms of the economy of • Valuing natural capital in operative nature itself, where there are few or does not present terms. no material consequences upon The significant new "natural capital" ini­ human welfare - as in those cases the bill, at least in dollar tiative in environmental policy analysis and of endangered species protection resource economics attempts to estimate the where no substantial human utility invoice terms. value to human economies (both market­ is served, in humane treatment cas­ place and civic) of the services supplied by es, in ecological preservation for natural systems. With the annual value of moral, religious, aesthetic, or intel­ natural capital estimated in the trillions, lectual purposes, and the like. threats to this fund obviously pose drastic

32 BOSTON CO LLEGE LAW SC HOOL MAGAZINE / SPRI NG 1998 disruptions to human welfare. into rules of law, to recognize logically nec­ How can their importance be essary economic linkages berween market­ imposed upon the political mar­ place property. rights, the economy of ketplace, however, given that most If human society is nature, and the realities of the long-term natural services are provided free? needs and interests of humankind . • The rubric of three economies can to be sustained through emphasize the economic impera­ tive to do so. future generations, • Reminding the administra­ Zygmunt JB. Plater is Professor of Law at tive process of its civic terms Boston College Law School, teaching and of reference, and catalyzing its with some modicum researching in the areas of environmental , prop­ civic mandates. erty, land use, and administrative agency law. Too often agencies, not to of quality of life, Over the past 30 years, working in law schools mention legislators and judges, and in government are constrained into short-term it cannot afford agencies in Africa decision making and evasion of and the Uni ted States, civic mandates by the power and to be substantially he has been involved suasions of marketplace politics. with a number of Appreciation of the three issues of environmen­ economies, and public presenta­ dominated only by tal protection and tions invoking the broader eco­ land use regulation. nomic realities they represent, can the daily economic As petitioner and lead intrude concepts of long-term counsel in the extend­ public interest into daily politics. and political machinery ed litigation over the Tennessee Valley Authority's • Rationalizing resource Tellico Dam, he represented the endangered depletion taxes, increased prices of the marketplace. snail darter, farmers , Cherokee Indians, and envi­ for public resources like timber ronmentalists. His clients were seeking to protect and minerals, carbon taxes, the river in this case, wh ich ultimately reached the and other nonmarket pricing US Su preme Court. He was coordinator of a mechanisms. legal research task force for the State of Alaska When governments impose Oil Spill Commission over a two-year period levies that are based on estimations of long­ • "Market-based regulation. " aher the wreck of the M/V Exxon-Valdez term opportunity costs, they face strong In designing "market-based regulatory He was a consultant to plaintiffs in the downward pressure from marketplace forces approaches," it is important to affirm that Woburn toxic litigation, Anderson v. WR. Groce based on current market-set pricing. Ratio­ performance standards are to be set on civic Co. , the sublect of Jonathan Harr's book, A Civ­ nales drawn from the natural and civic criteria, not market expediency. In emis­ il Action, soon to be a maior motion picture. Arti­ economies provide economic justification sions-trading systems and other market­ cles Plater has published include analyses of envi­ for pricing beyond the terms of current enlisting alternatives to command-and-con­ ronmental law issues, private and public rights in commodity markets. trol systems, for instance, participants some­ land and resources, equitable discretion, admin­ • For understanding policy debates like times forget that the market is means rather istrative law, and related fields. Several of his arti­ devolution and the interstate "race than end. Evaluating the processes in which cles have been cited in Supreme Court deci­ to the bottom. " tradeable allowances are defined and allocat­ sions. He is senior author of Environmental Low An ongoing revisionist theory holds that ed in terms that consider the consequences and Policy: Nature, Law, and SOCiety. Plater there is no invidious interstate competition upon natural systems and the public welfare graduated from Princeton Un iverSity, Yale Law for industry, hence uniform federal stan­ of the civic economy provides a necessary School, and the SJD doctoral program at the Uni­ dards are not necessary, and states should be check on a tendency to manage market­ versity of Michigan Law School. He has taught able to set varying pollution standards, as based schemes in narrow market terms. on seven law school facu lties they did before 1970. The "Dirty Water Charting out three economies provides Bill" (104 H.R. %1), drafted and pushed an analytical and conceptual vehicle for through the House of Representatives in focusing analysis and discussion upon the 1995 by the industrial lobbying coalitions of ultimate fundamental question of human An essay, including some of the text reprinted Project Relief and the so-called "Wise Use" governance: How are we to be successful in here, is being published in a symposium on the movement, would have put the states in maintaining human society over time with a work of Joseph Sax in the May 1998 Ecology charge of setting water standards. Analysis of quality of life that can be sustained, and Law Quarterly as "The Three Economies: the effect of such market-driven devolutions flourish? Thre three economies represent A Tribute to Professor Sox. " in the other rwo economies illuminates these persuasive reasons for Justice Scalia and law­ initiatives as erosions of civic standards and and-economics theorists, if they truly wish their enforceability. to integrate the perceptions of economics

SPRl NG 1998 I BOSTON COLLEGE LAW SCHOOL MAGAZINE 33 I PROFESSOR CHARLES H. BARON should be a mandatory obliga­ tion for artorneys to report sub­ RECENT PUBLICATIONS: "Physician stantial misconduct by other Assisted Suicide Should Be artorneys, in December 1997. Legalized and Regulated." Boston Served on the Special Commit­ Bar Journal 41 (November/ tee of the Supreme Judicial December 1997): 15,29. edited by Robert M. Cipes, eta!' ton, DC: Administrative Office Court on Rules of Professional PRESENTATIONS: On the law New York: Matthew Bender, of the United States Courts, Conduct, which authored the regarding the right to die and 1997. 1997. Co-editor, with Sol new version of the Model Rules vo luntary euthanasia at the Har­ Schreiber, Gregory P. Joseph, adopted in Massachuserts, effec­ PRESENTATIONS: "Societal Influ­ vard International Conference Jerold S. Solovy, Georgene M. tive January 1, 1998. on Euthanasia, in November ences on Criminal"Justice Issues: A Comparison of the Warren Vairo. Moore's Federal Practice, 1997. "Separation of Powers, 3rd ed. New York: Marthew the American Public Prosecutor, and Burger Courts," at an inter­ national conference in honor of Bender, 1997. AssOCIATE CLINICAL PROFESSOR and Political Accountabiliry," LESLIE G. EsPINOZA at the Universiry of Paris, in the fiftieth anniversary of the WORK IN PROGRESS: A new case Italian Constitution in Teramo, ApPOINTMENTS: Chair-elect of January. book on legal history, The Italy, in November 1997. Anglo-American Legal Heritage, the Association of American Law Schools (AALS) Section on OTHER: Taught a week of classes to be published in the summer Women and the Law. AssOCIATE PROFESSOR on constitutional protection in by Carolina Academic Press in MARy SARAH BILDER American criminal trials in Ter­ Durham, North Carolina. With OTHER: Moderated and com­ amo, in November 1997. In an Mary Beth Basille and Charles mented on the Lives of Women RECENT PUBLICATIONS: "The Ori­ Donahue at Harvard Law Lawyers Panel, with presenta­ gins of the Appeal in America." interview with DIALex, the Boston College International Law School, a translation and com­ tions addressing the glass ceiling Hastings Law Journal 48 Guly spoke about mentary on the earliest known in law firms, gender bias in the 1997): 913-968. Society Newsletter, constitutional debates in Europe legal treatise involving the law courts, and the need to restruc­ PRESENTATIONS: "Appealing Eng­ as similar to the one that was merchant, to be published by ture the workplace to accommo­ land: Rhode Islanders' Love formative for the US, and about the Ames Foundation at the end date various modes of mother­ Affair with the Privy Council," the importance of studying oth­ of the year. ing, at the AALS annual meet­ at the American Seminar at the er legal systems "not so much to PRESENTATIONS: Reported to ing, in San Francisco, Califor­ John Nicholas Brown Center for learn about other legal systems, three advisory commirtees of the nia, in January. the Study of American Civiliza­ but to learn how to think about Judicial Conference of the Unit­ tion, at Brown Universiry, in legal systems, including your ed States: to the Advisory Com­ February. "A Legal Historian own." mirtee on Civil Rules at Deer AsSISTANT PROFESSOR Goes to Hollywood," in the Valley, Utah; to the Standing ANTHONY PAUL FARLEY Elizabeth B. Clark Legal Histo­ Commirtee itself in Santa Bar­ WORK IN PROGRESS: "The Black ry Series at Boston Universiry, in PROFESSOR MARK S. BRODIN bara, California; and to the Body as Fetish Object," forth­ February. RECENT PUBLICATIONS: Wi th Bankruptcy Committee 111 coming in the Oregon Law ApPOINTMENTS: Elected to the Michael Avery. Handbook of Charleston, South Carolina. Review. board of directors of the Ameri­ Massachusetts Evidence, 6th ed.: OTHER: Hosted a meeting of the PRESENTATIONS: "The Poetics of can Sociery of Legal History. 1998 Supplement. New York: Advisory Committee of the Colorlined Space" on the Race, PROMOTION: From Assistant Pro­ Aspen Law & Business, 1998. Rules of Civil Procedure on the Space, and Place Panel at the fessor to Associate Professor question of discovery reform, at Yale 1997 Critical Race Theory with tenure, in February (see Boston College Law School, in Conference, in November 1997; article in this issue). PROFESSOR fall 1997. Appointed Chair of also presented for a symposium DANIEL R. COQUILLETTE the Search Committee for the entitled "Confronting Race: RECENT PUBLICATIONS: With new Academic Vice President of Strategies and Issues for the PROFESSOR ROBERT M. BLOOM Marie Leary, Reporters. Working Boston College, in October Twenry-First Century," at the RECENT PUBLICATIONS: Chapter Papers ofthe Committee on Rules 1997. Asked by the Justices of Center for the Study of Race author for "Automobile Search­ ofPractice and Procedure: Special the Supreme Judicial Court to and Race Relations at the Uni­ es." Chapter 40,40-1--40-62, Studies of Federal Rules Govern­ address the co urt in oral argu­ versiry of Florida Coll ege of in Criminal Defense Techniques, ing Attorney Conduct. Washing- ment as ro whether or not there Law, in February. Presented

34 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1998 FACULTY

NEWS NOTES

"The Whiteness of the Whale: San Francisco. Invited by stu­ grind's Education: Using Dick­ In America, ed. Leslie Brody, Knowledge and Power in Two dents of Western New England ens and Aristotle to Understand 169-182. London: Faber & Eras of Hate Speech Jurispru­ Law School to join the panel (and Replace?) the Business Faber, 1997. With Randall dence," at the invitation of the "Why Law Schools Want Diver­ Judgment Rule" (co-authored Kennedy. "Who Should Adopt Remedies Section of the Associ­ sity" to discuss what students with John E. Nilsson '97), Our Children?" Essence 28 Qan­ ation of American Law Schools, could do to desegregate their forthcoming in Brooklyn Law uary 1998): 64, 66,130. at the annual meeting in San law school environments, last Review. PRESENTATIONS: Plenary presen­ Francisco, California, in Janu­ winter. Other: Participated in a panel dis­ ter of paper entitled "Critical ary; also presented at American cussion about Joseph William Assessment of the Uniform University's Washington College Singer's essay "Rent" [Boston Col­ Adoption Act: In Whose Best of Law in Washington, DC, in AsSOCIATE PROFESSOR lege Law Review 39 (December Interests?" on the Reflecting on March. Keynote speech, entitled P HYLLIS G OLDFARB 1997) 1-42] before students and Adoption Panel at the American "1968," at Vermont Law PRESENTATIONS: "Gender and the faculty of the Law School, in Adoption Congress, Mid­ School's 1998 Rev. Dr. Martin Death Penalty in America," to December 1997. Conducted a Atlantic Regional Conference, Luther King Jr. Day Celebra­ the Human Rights Committee discussion entitled "The Compe­ in Albany, New York, October tion, in January. ''Assata Shakur of the International Bar Associa­ tition Among a Corporation's Var­ 1997. and the Uses of the Erotic," on tion at annual meeting held in ious Stakeholders," with the par­ PROMOTION: From Associate the panel entitled Strangling the New Delhi, India, in November ticipants in the Leadership for Professor to Full Professor, in Body Within a Limited Legal 1997. The paper will be pub­ Change program, sponsored by February (see article in this Imagination at "Law and Litera­ lished in the forthcoming con­ the Boston College Carroll School iss ue) . ture: Examining the Limited ference proceedings. of Management and the Boston Legal Imagination and the Tra­ College Department of Sociology, ditional Canon" conference at also in December 1997. Rutgers University School of AssOCIATE C LINICAL P ROFESSOR AsSISTANT P ROFESSOR D ANIEL KANSTROOM Law, in February. KENT G REENFIELD RECENT PUBLICATIONS: OTHER: Teaching demonstration AsSOCIATE P ROFESSOR With Eric PUBLICATIONS: "The Unjustified D EAN M. HAsHIMOTO D. Blumenson and Stanley Z. on "Political Cases" with Profes­ Absence of Federal Fraud Pro­ Fisher. Massachusetts Criminal sor Frank Valdes of California tection in the Labor Market." RECENT PUBLICATIONS: "Science Defense: 1997 Cumulative Sup­ Western School of Law as part Yale Law Journal 107 (Decem­ as Mythology in Constitutional plement, vol. 1-2. Char­ of the 1997 Society of American ber 1997): 715-789. "From Law." Oregon Law Review 76 lottesville, Va.: Michie, 1997. Law Teachers Teaching Confer­ Rights to Regulation in Corpo­ (Spring 1997): 111-153. ence, "Reconceiving Legal Peda­ ApPELLATE WORK: Co-authored, rate Law." In Perspectives on WORK IN PROGRESS: "The Legacy gogy: Diversity in the Class­ Company Law: 2, edited by of Korematsu v. United States: A with Assistant Professor Kent room, Clinic, Theory, and Prac­ Fiona Patfield, 1-25. London: Dangerous Narrative Retold," Greenfield, an amicus brief for tice," at American University's Kluwer Law International, forthcoming in UCLA Asian the National Association of Washington College of Law in 1997. Pacific American Law Journal 4 Criminal Defense Lawyers in a Washington, DC, in September case before the US Supreme ApPELLATE WORK: Co-authored (1997). 1997. Spoke on a panel at the Court. Asian Pacific American Law with Associate Clinical Professor PRESENTATIONS: "Immigration, Professor's Conference at the Daniel Kanstroom an amicus AsSOCIATE P ROFESSOR Citizenship, Asylum, and the City University of New York in brief for the National Associa­ FRANK R. HERRMANN, S.]. Soul of the Nation-State," at Queens, about the ways in tion of Criminal Defense Tufts University, in October which Asian critical race theory Lawyers and the Families WORK IN PROGRESS: "30=20: 1997. "Immigration Law: Theo­ and literary critical theory could Against Mandatory Minimum 'Understanding' Maximum Sen­ ry and Practice," at the Group inform each other, in September Foundation, in the Supreme tence Enhancements," forth­ for Early Modern Cultural 1997. Invited to speak on the Court cases of Cleveland v. coming in Buffalo Law Review. United States and Muscarello v. Studies (GEMCS), 5th Annual politics of teaching by a coali­ PROMOTION: From Assistant Pro­ Conference, in Chapel Hill, tion of progressive law students United States, regarding the fessor to Associate Professor North Carolina, in December at the Albany Law School 1997 proper meaning of a federal with tenure, in February (see 1997. Northeast Students of Color statute that makes carrying a article in this issue). firearm unlawful in connection Conference in fall 1997. As a OTHER: Chaired "First Monday" member of SALT Board of Gov­ with certain underlying crimes. program with American Bar P ROFESSOR ernors, helped draft a march WORK IN PROGRESS: "The Place Association president-elect Philip manifesto and stage a march of Workers in Corporate Law" R UTH-ARLENE W. H OWE Anderson, at the Law School, against the resegregation of accepted for publication in an RECENT PUBLICATIONS: "Reflec­ in October 1997. Created an higher education, in January, at upcoming volume of the Boston tions," in Daughters of Kings: Immigration Fellowship, jointly the AALS annual meeting in College Law Review. "Grad- Growing Up as a Jewish Woman sponsored by Boston College,

SPRING 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 35 FACULTY ~----~NE~W~S~7.NO=T=ES------

the Jesuit Refugee Service, and tentatively entitled "Form and Association of American Law DEAN AVIAM SOIFER Schools Section on Natural the Catholic Legal Immigration Substance in Income Tax Law­ ACTIVITIES: Gave memorial Network, in 1997. Some Lessons from the Experi­ Resources, in San Francisco, remarks for Prime Minister ence of Other Countries," to be California, in January. Yitzbak Rabin at the Kennedy presented at the annual meeting WORK IN PROGRESS: "The Three School of Government at Har­ PROFESSOR SANFORD N. KATZ of the American Bar Association Economies" to be published in vard University, in November, in Toronto, in July. RECENT PUBLICATIONS: "The the spring in Ecology Law Quar­ 1997. Spoke about the role of a United States: State Regulation terly, excerpted in this issue of law school dean in connection the Boston College Law School with students as a panelist at the and Personal Autonomy in Mar­ AssOCIATE PROFFSSOR OF LEGAL Association of American Law riage: How Can I Marry and REAsONING, REsFARCH, AND Magazine. Schools' annual meeting in San Whom Can I Marry?", in The WRITING JEAN E. McEwEN International Survey of Family Francisco, California, in Janu­ RECENT PUBLICATIONS: "DNA Law 1996, ed. Andrew Bain­ ary. Was the presenter of the Databanks." In Genetic Secrets: PROFESSOR JAMES R. REPETTI ham, 487-504. The Hague: Clinical Section annual award, Protecting Privacy and Confiden­ RECENT PUBLICATIONS: "Minority Martinus Nijhoff, 1998. given to Steve Wimer of Yale tiality in the Genetic Era, ed. Discounts: The Alchemy in Law School, at the same meet­ ACTIVITIES: Participated in the Mark A. Rothstein, 231-25l. Estate and Gift Taxation." ing. Wrote first column as a annual meeting of the Executive New Haven: Yale University Reprinted in Federal Wealth rotating columnist for the Jew­ Council of the International Press, 1997. Transfer Tax Anthology, ed. Paul ish Advocate newspaper, in Feb­ Family Law Society, in Bern, L. Caron, Grayson M.P. ruary. Presented a work-in­ Switzerland, in February. Is a McCouch, Karen C. Burke, progress, "The Fullness of member of the Planning Com­ AsSOCIATE PROFESSOR 269-275. Cincinnati: Anderson Time," at a faculty colloquim at mittee for the Society's next J UDITH A. M c MORROW Publishing, 1998. "The Misuse the SUNY-Buffalo Law School, World Conference to be held in RECENT PUBLICATIONS: "Retire­ of Tax Incentives to Align Man­ also in February. Member of the Australia in 2000. ment Incentives in the Twenty­ agement -Shareholder Interests." organizing committee of the First Century: The Move Cardozo Law Review 19 (Sept.­ Working Group on Law, Cul­ Toward Employer Control of Nov. 1997): 697-717. ture, and the Humanities Con­ PROFFSSOR THOMAS C. KOHLER the ADEA." University of Rich­ ference at Georgetown Universi­ WORK IN PROGRESS: "Bonding mond Law Review 31 (May ty Law Center, in March. and Flexibility: Employment 1997): 795-818. AssOCIATE PROFFSSOR OF LEGAL ApPOINTMENTS: Named to the Ordering in a Relationless Age," REAsONING, REsFARCH, AND Board of Trustees, New England co-authored with Matthew W WRITING FRANCINE T. SHERMAN VISITING PROFESSOR Medical Center, in December, Finkin, forthcoming in the JEREMY R. PAUL RECENT PUBLICATIONS: "Access to 1997, and served as a member American Journal ofComparative Counsel and Quality of Repre­ WORK IN PROGRESS: "Campaign of the Founding Board of Gov­ Law. sentation for Children in the Reform for the Twenty-First ernors of the Boston College PRESENTATIONS: "Comparative United States in Dependency, Century -Putting Mouth Club. Perspectives on the German and Status Offense, and Delinquen­ Where the Money Is" and American Employment Order­ cy Matters." Catalogue of "Structuring Campaigns - A ing Systems," for an interna­ Papers, New Delhi International Response to Professors Foley AssOCIATE CLINICAL PROFFSSOR tional seminar sponsored by the Bar Association Conference, and Smith," forthcoming in PAUL R. TREMBLAY Friedrich-Ebert-Foundation, in November 2-7, 1997 (did not Connecticut Law Review (Spring PRESENTATIONS: "The Case for Washington, DC, in October attend conference). 1998). Casuistry" at the UCLNUni­ 1997. "The German Model of PRESENTATIONS: Paper on careers versity of London International Labor Relations" for the Har­ for lawyers in the public interest Clinical Conference in Lake vard University Trade Union PROFESSOR at the Robert M. Cover Public Arrowhead, California, in Octo­ Program, in January. ZYGMUNT J .B. PLATER Interest Retreat in Peterborough, ber 1997; at the Boston College OTHER: Featured in several arti­ RECENT PUBLICATIONS: "The New Hampshire, in March. Interdisciplinary Ethics Round­ cles in Our Sunday Visitor by Embattled Social Utilities of the table, in December 1997, and at William Bole, including a Endangered Species Act - A a faculty colloquium in the sum­ lengthy question-and-answer Noah Presumption, and a Cau­ AsSISTANT PROFESSOR mer. Panelist at a symposium essay in honor of Labor Day. tion Against Putting Gas Masks PAMELA J. SMITH entitled "Crisis in the Legal Pro­ on the Canaries in the Coal ACTIVITIES: On research leave at fession: Rationing Legal Services Mine." Environmental Law 27 the University of Illinois College for the Poor" at the New York VISITING PROFESSOR (January 1998): 845-876. of Law until mid-April, and at University School of Law in WILLIAM H. LYONS PRESENTATIONS: "The Three St. Hilda's College (Oxford Uni­ October 1997. His remarks WORK IN PROGRESS: An article Economies of Dr. Sax," in the versity) until the end of June. from the NYU Symposium will

36 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRING 1998 FACULTY ~----~N~E W~S~~~N~~=E~S ------~

be published this spring as an TRAIISITIOIIS anicle called "The Crises of Poveny Law and the Demands of Benevolence" in a symposium New Promotions Celebrate issue of NYU's Annual Survey of American Law. Breadth of Scholarship

P ROFESSOR C ATHARINE WELLS he Bosron College Law and courses in family and elder School promoted four law. Howe called the promotion RECENT PUBLICATIONS: "Old T faculty members in Feb­ gratifying. "It is nice ro have Fashioned Postmodernism and ruary. Ruth-Arlene W Howe many years of affiliation and the Legal Theories of Oliver Boston College Rector Frank R. Herrmann, '74 and Alfred C. Yen were pro­ association with the Law School Sj., '77 now also wears the hat of Wendell Holmes Jr." Brooklyn moted from the rank" of associ­ recognized," she says. associate professor with tenure. Law Review 63 (Spring 1997): ate professor ro full professor, Yen received his law degree at 59-85. and Frank R. Herrmann, S.J., Harvard; his teaching and Criminal Process, and Introduc­ PRESENTATIONS: "Sicuated Deci­ '77, and Mary Sarah Bilder were research interests include intel­ tion to Lawyering and Profes­ sionmaking," at the Bosron promoted from assistant profes­ leccual property, copyright, evi­ sional Responsibility. Municipal Court Conference, in sor ro associate professor with dence, and rons. Recently, he Bilder joined the faculty in November 1997. "Propeny tenure. "The entire community has been preparing a symposium 1994. She teaches Propeny; Rights in Bodily Tissue," at the is thrilled to have such clearly contribution about the prob­ American Legal Hisrory; and American Philosophical Associ­ deserving members of the facul­ lems that arise when couns rely Law, Society, and Culture. She ation In Philadelphia, In ty recognized and promoted for recently presented a paper at December 1997. their accomplishments," says Brown University on colonial Dean Aviam Soifer. Rhode Island and published WORK IN PROGRESS: Working Howe has been on the "The Origins of the Appeal in draft: of "Pragmatism and the Bosron College Law School fac­ America" in the Hastings Law Problem of Objectivity" pre­ ulty since 1976. She recently Journal. She calls the Law sented to Western New England published two major anicles on School "a wonderful place" and College of Law, in Ocrober transracial adoption, one in a says she is delighted to remain 1997. 1995 issue of the Duke Journal here with her colleagues. of Gender Law and Policy, and "What makes this panicular­ the other in the June 1997 ly sweet is that they are all P ROFESSOR ALFRED C. YEN Boston University Public Interest home-grown in a sense and that RECENT PUBLICATIONS: "Fore­ Law Journal. She also panicipat­ their vital role as colleagues word: Making Us Possible." ed in "Who Should Adopt Our Alfred C. Yen, now a full professor. is in complements their exceptional Asian Law Journal 4 (May 1997, Children?", a dialogue with the vanguard of scholarship in intellectual roles as scholars and teachers," "Symposium in Honor of Neil Harvard Law School Professor property law. says Soifer. "Looking at the array Gotanda"): 1-5. Randall Kennedy that appeared too much on formalistic reason­ of these fout, highlights our in the January issue of Essence ing and do not consider the pol­ commitment ro excellence and WORK IN PROGRESS: "Copyright magazine. Howe teaches Legal icy implications raised by the ro pluralism." _ Opinions and Aesthetic Criti­ Interviewing and Counseling cases in front of them. Of his cism," fonhcoming in Southern - Abby Wolf promotion, Yen says, ''I'm very California Law Review. "Danger pleased. I've really enjoyed my of Bootstrap Formalism in 11 years at the Law School, and Copyright," fonhcoming in Georgia Intellectual Property Law I'm looking forward to spending the rest of my career here." Journal. Herrmann, another Law PRESEN TATIONS: "The Coming School graduate, is Recror of the Information Age, Baseball Sta­ Jesuit Community at Bosron tistics, and Intelleccual Proper­ College, a post he assumed last ty," at Diamonds in the Desen summer. Recently, he published Conference in Tempe, Arizona, a study of maximum sentenc­ in March. ing. Herrmann was a criminal PROMOTION: From Associate Pro­ defense lawyer for 10 years, and this expenise is reflected in the fessor to Full Professor, in Feb­ Dedication to the Law School was Legal historian Mary Sarah Bilder is ruary (see article this page). _ rewarded with a promotion to full coutses he teaches: Evidence, delighted by her promotion to associate professor for Ruth-Arlene W Howe '74. Advanced Criminal Procedure, professor with tenure.

SPRING 19 9 8 / BOSTON COLLEGE LAW SCHOOL J\1AGAZINE 37 FACULTY

NEWS NOTES

PROFILE enstein's at the Universiry of rate savvy led ro extended Chicago and by then a professor involvement in the Internation­ at Bosron College Law School, al Law Association, the Ameri­ On Top of the World encouraged Lichtenstein ro take can Society of International a job at the Law School, which Law, and the American Journal Cynthia Lichtenstein parlays smarts into she did. of International Law. As the years passed, Lichten­ She established the Law international reputation stein benefited particularly from School's first seminar on inter­ the influence of Professor Fran­ national economic relations cis J. Nicholson, S.J. , whom she with an emphasis on public law describes as the figure in interna­ aspects of cross-border transac­ tional law at the school at the tions and, with Professor San­ ike most women who Her disgrunrlement rook time. For his part, Nicholson ford J. Fox, founded the Inter­ Lcame of age professionally some of the sting out of follow­ welcomed her arrival because national Human Rights course. in the 1950s, Professor ing her journalist husband ro she brought expertise in inter­ Lichtenstein also shares credit Cynthia Lichtenstein had her Bosron, where he had taken a national economics, an aspect with Professor John M. Flackerr share of srruggles. Her keen position at MIT. Mary Ann missing from the program. In for creating the Law School's mind served her well, however, Glendon, a colleague of Licht- time, her scholarship and corpo- London program. bulldozing away many of the At a time when the Asian prevailing doubts and prejudices economic crisis, international that srymied others. rrade, and global monetary And so Lichtenstein, the issues are making daily head­ daughter of a stockbroker and an lines, Lichtenstein finds herself antiques collecror from Pennsyl­ much in demand on the lecture vania, parlayed an education in circuit. She has presented papers Russian hisrory and literature at recenrly on the Mexican peso Radcliffe into LSAT scores that crisis and on the dynamics of won her entry into Harvard and the flow of global capital Yale (she chose the larrer), and between lenders and recipients. then a coveted slot at the New "She's a pioneer around here York firm of Millbank, Tweed, and in legal education generally Hadley, and McCloy. She had in terms of the approach she has done all this by the end of 1959. taken ro subject areas that few Corporate law fascinated had trod before her," says Dean Lichtenstein, but her intellect Aviam Soifer. "She has a remark­ remained res riess, and by 1961 able international reputation." she had persuaded her husband, As great as her influence may her employer, and the Ford be in the international market­ Foundation that she should go place of ideas, however, Lichten­ ro the Universiry of Chicago for stein says she always harkens ro a master's degree in comparative the Law School for guidance on law. The two-year program led what is morally just in law. her ro Brussels where she "When I came here in 1971, law expanded her knowledge of eco­ schools still believed in the case nomic hisrory and international method as producing neurrally rrade theory. derived rules of law. Legal rea­ The pace of Lichtenstein's soning produced a just result if career was slowed by the you reasoned right. At this law demands of children and family. school, it was always possible ro Working at Millbank part-time ask the students, 'Is the result of meant she was not on the part­ this case just?' As judged by the nership track. "Since I was not a methodology of legal reasoning, parmer, I couldn't sign my own it may not appear just ro the opinion lerrers, and by the end I poor and disempowered," she was getting resrless with being, says. "This is a school where it is in effect, an administrative assis­ always possible ro raise the issue tant," she says. "I wanted a key Professor Cynthia Lichtenstein did not let the limits imposed on female lawyers in the of justice." _ ro the partner's john." 19505 and '60s holt her intellectual progress. - Vicki Sanders

38 BOSTON COLLEGE lAW SC HOO L MAGAZINE / SPRI NG 1998 Alumni

NEWS NOT E S

PHOEBE D. MORSE '73 has been appointed Clerk of Court for the 19305 United States Court of Appeals for the First Circuit in Boston. BENJAMIN J. CANTOR '37 IS the author of The Role of the sible for the annual education ship Development Committee. As RICHARD P. CAMPBELL '74 has Expert Witness program and other special pro­ managing partner of the Boston become a fellow of the American in a Court Trial. jects, including appellate time firm Nutter, McClennen & Fish College of Trial Lawyers. He is This 1997 book standards. He was appointed LLP, he advises corporations, part­ the founder of Campbell Camp­ is a guide for Chief Justice of the Appeals nerships, limited liability compa­ bell & Edwards, P.c., in Boston. potential expert Court by Governor Michael S. nies, individuals, and tax-exempt witnesses and discusses how pho­ Dukakis in 1989. institutions on tax issues. THOMAS E. PEISCH '74, a part­ tography and other evidence is ner at the Boston firm of Conn, used in trial. The founder of Kavanaugh, Rosenthal, Peisch & Boston Photo Service, Cantor WILLIAM A. MCCORMACK '67 Ford, was appointed chairman of specializes in forensic photogra­ and his daugh­ the Clients' Security Board for phy, and has written articles and ter KERRY E. 05 197 the Boston Supreme Judicial given lectures on the role of the MCCORMACK Court. The board oversees dis­ expert witness and the use of pho­ '96 became the ALAN S. KAPLINSKY '70 chaired bursement of funds to clients tography in the courtroom. He first father and the Practicing Law Instirute who have been victims of attor­ lives in Belmont, Massachusetts. daughter to Conference, "Consumer Finan­ ney misappropriations. represent the cial Services Litigation," in San Law School at the regional level Francisco, California. He con­ of the National Moot Court ducted a similar program for the MARGARET A. SOFIO '74 was Competition. Like her father institute in New York City and named a vice almost 30 years before, Kerry 19505 spoke on financial services litiga­ president of participated at the New England tion at a banking law seminar in Media One HON. RiCl-IARD H. BEDOOW JR. '59 competition in November 1995. Birmingham, Alabama. He is a and will head The year before, SCOTT FORD is beginning his rwenty-sixth year C. partner in the firm Ballard Spahr the company's '95 followed in the footsteps of as an administrative law judge in ArIdrews & Ingersoll in Philadel­ law depart­ his father, GEORGE M. FORD '65, Washington, DC, the last 17 phia, Pennsylvania. ment in Den­ years with the National Labor participating in ver, Colorado. Relations Board. He is listed in the same com­ Whos Who in American Law and petition as had WILLIAM A. CONTI '73 is now a Whos Who in America. his father exact­ partner with Febbroriello, Conti, MARK N. BERMAN '76 has been ly 30 years ago, and Levy in Torrington, Con­ appointed to a five-year term on making them necticut. He is also serving a sec­ the Clients' Security Board for the first Law ond year as president of the the Boston Supreme Judicial School father and son to be Litchfield County (Connecticut) Court. He is a partner and chair­ members of the national teams. Bar Association. man of the business department at the Boston firm of Hutchins, HON. JOSEPH LIAN JR. '60 has Wheeler & Dittmar. EDITH N. DINNEEN '73 joined been named a member of the MICHAEL E. MOONEY '69 will be involved with the Boston Central the Florida-based firm of ArInis, board of trustees of the Massa­ Mitchell, Cockey, Edwards & chusetts Bar Foundation. Artery/ Tunnel DAVlD A. HOWARD '76 was Project. He was Roehn as a shareholder. Her appointed to the Vermont Supe­ elected to the expertise is employment law rior Court bench by Governor HON. JOSEPH P. WARNER '61 has Board of Direc­ counseling. She was previously a Howard Dean. He will serve a been elected to the Executive tors of the partner at the New York law firm six-year term. Previously, he was Committee of the Council of Artery Business Rogers & Wells and the Los a partner with the firm of Chief Judges of CourtS of Committee and Angeles, California, office of Cormier & Howard in Benning­ Appeal, where he will be respon- named chairman of the Member- Lane Powell Spears Lubersky. ton, Vermont.

SPRI NG 1998 / BOSTON COLLEG E LAW SCHOOL MAGAZINE 39 Alumni NEWS & NOTES

ROBERT P. LOMBARDI '76 has As House Chair of the Joint and other transactional arrange­ mercial litigation, with an em­ been elected to the Worcester Standing Committee on Judi­ ments, with an emphasis on phasis on securities-related issues. Academy Board of Trustees. He ciary, Thompson's efforts creat­ environmental issues. is also a director of Flagship ed a fund to provide civil legal Bank and Trust Co. and is on services for low-income individ­ the executive committee of the uals and the needy elderly in M. LAURIE CAMMISA '85 was Massachusetts Biotechnology Maine. promoted to vice president for 1990s Research Institute. government relations at Chil­ dren's Hospital, Boston. She has CRAIG L. EATON '90 joined the ERIC L. STERN '81 was named a been director of government firm of Adler Pollock & Shee­ J.w. CARNEY JR. '78 was elected real estate part­ relations for seven years. han in Providence, Rhode secretary of the ner In the Island. He is active in the firm's Boston Bar As­ Philadelphia, WILLIAM P. O'DONNELL '85 is Energy Practice and Corporate sociation. He is Pennsylvania, seeking election to the office of Law groups. Previously, he a trial lawyer office of Mor­ Norfolk County District Attor­ served as general counsel to the with the firm gan, Lewis & ney. As a Democratic candidate Narragansett Electric Company. Carney & Bassil. Bockius LLP. for the office, he is dividing his He has worked in developer and time berween campaigning and lender acquisition, leasing and ADOLFO E. JIMENEZ '90 has ALAN G. PHILIBOSIAN '78 was his law office at Eysie & O'Don­ financing, and in loan restruc­ been named a partner in the elected to the board of directors nell in Norwood, Massachusetts. turing and asset recovery. office of Holland Knight LLP of Mack-Cali Realty Corpora­ & in Miami, Florida, where he tion, a real estate investment GREGG J. PASQUALE '85 and practices in the areas of marine, trust. He practices law in Engle­ BRADFORD C AUERBACH '82 Melissa A. White have formed aviation, and international liti­ wood, New Jersey. has been appointed head coun­ the law firm Pasquale & White gation. Previously, he was a legal sel of entertainment and pro­ LLP. The firm, located in intern in the Office of General duction for Malaysian-based RUDY J. CERONE '79 was elected Boston, concentrates on repre­ Counsel of National Public MEASAT Broadcast Nerwork vice president, senting plaintiffs in medical Radio, Washington, DC Systems. He was previously vice member of the malpractice and personal injury president of business affairs and board of trus­ litigation. general counsel for Philips Media PARISIS G. FILIPPATOS '91 has tees, and mem­ in Los Angeles, California. formed a partnership with Craig ber of the M. Bonnist and opened a law board's execu- MATTHEW R. LYNCH '88 was . . named a partner in the property firm in New York City. The tlve committee WILLIAM P. HADLEY '84 re­ and finance department at firm concentrates on commer­ of the American Board of Certi­ ceived the 1997 Boys' and Girls' Peabody & Brown in Boston. cial and employment litigation. fication in Alexandria, Virginia. Club of Springfield Allis Award He focuses on commercial leas­ Cerone is with the firm of for service to the youth of ing, property management, pur­ McGlinchey Stafford in New Springfield, Massachusetts. He B. DANE DUDLEY '92 joined chase and sale of commercial Orleans, Louisiana. has been the Boys' Club Day, Berry & properties, and land use and wrestling coach since 1984 and Howard 111 environmental permitting. a member of the club's board of Hartford, Con­ directors. He is also a partner at necticut, in De­ Doherty, Wallace, Pillsbury & MICHAEL J. MITCHELL '89 IS cember 1996. Murphy, P.C, and lives in Long­ now a partner He is working meadow, Massachusetts, with In the New in the individ­ REp. RICHARD H. THOMPSON '80 his wife, LINDA CLIFFORD York office of ual clients department and prac­ received the HADLEY '84, and their three Haight Gard­ tices in the areas of estate plan­ 1998 Howard children. ner Holland & ning and administration. His H. Dana Jr. Knight. His wife, SUSAN ASHE DUDLEY '93, Award from primary focus is planning to open a practice in the Maine Bar MAUREEN BENNETT '85 was is maritime law. their home in Wethersfield, Foundation. named a partner in the San Connecticur, where they live The award, the Francisco, California, office of with their son, Kevin. highest bestowed by the founda­ Graham & James LLP. She is a JOHN F. SYLVIA '89 has become tion, is given once a year to a member of the firm's environ­ a partner in the Boston office of person who has worked for mental and corporate practice Mintz, Levin, Cohn, Ferris, STEVEN P. EAKMAN '92 has increasing access to justice for groups and assists clients with Glovsky and Popeo. His practice joined the corporate finance low-income residents of Maine. financing, merger acquisitions, encompasses all areas of com- practice group at Foster Pepper

40 BOSTON COLLEGE LAW SCHOOL MAGAZINE / SPRI NG 1998 Alumni NEWS & NOTES

& Shefelman in Seattle, Wash­ LAWRENCE M. D OBROW '95 is PAUL R. MASTROCOLA '95 mar­ ANDREW M. APFELBERG '96 ington. He was formerly with the business editor of WlDE­ ried Dina M. Tenaglia last joined the firm the firm of Lane Powell Spears BAND magazine, a computer August. He is an Assistant Dis­ of Buchalter, Lubersky LLP. trade publication based in New trict Attorney Supervisor for the Nemer, Fields York City. M iddlesex County D istrict & Younger as Attorney's Office in Cambridge, an assoCIate In JEFFREY D. THIELMAN '92 Massachusetts. its San Francis­ has taken the JOSHUA S. GOODMAN '95 and co, California, position of di­ INGRID C SCHROFFNER '95 are DIERDRE E. SANDERS '95 works office. He specializes in insol­ recto r 0 f de­ engaged to be married. He at the Lexington, Massachusetts, vency and bank/finance litiga­ velopment at works in the corporate depart­ patent law firm of Hamilton, tion. Prior to joining the firm, Cristo Rey Jesuit ment of Goodwin, Procter & Brook, Smith & Reynolds, he worked for the Hon. Barry High School in Hoar LLP and she is with Davis, where she specializes in biologi­ Russell of the US Bankruptcy Chicago. Malm & D 'Agostine, P.C, both cal patents. Court, Central District of Cali­ in Boston. fornia, and for Addis-Wechsler, a talent management company. CHARLES SCOTT TOOMEY '92 DAVID M. SIMAS '95 was elected married Allison Marie Shuey W KENNETH HUNT '95 accept­ selectman for the city of last November in Wayne, Penn­ ed an in-house corporate coun­ Taunton, Massachusetts, where JOHN PAGLIARO'96 has joined sylvania. sel position at NASA headquar­ he previously was a school com­ the firm of Peabody & Brown ters in Pasadena, California. mittee representative. in Boston as an associate in its DAVID E. DANNER '94 opened a law office in Nashville, Ten­ nessee, in 1996. He has a web­ site at www. lawinfo.com/ law/ tn/ danner, Where Are We? Law School Alumni by State* and is the author of Administra­ tive Law in Practice: The Federal NH Maritime Commission. MT ND (7) (2)

SD CHRISTOPHER E. CELANO '95 ID (0) (3) Wy received his LL.M. in tax law (2) NE from New York University in (2) UT December 1997. (I ) CO (55)

CARLOS A. D IAZ '95 and JILL ZIMMERMAN DIAZ '95 have moved to Ann Arbor, Michigan, PR where he is a first-year student at (28) the University of Michigan o Dental School and she is an associate in the litigation depart­ Alumni Abroad ment of the firm of Segal, ~ (54) McCambridge, Singer, & ~= Mahoney, Ltd. H~ (51 ) ~

Alumni Distribution KIMBERLY M. DIAZ '95 was pro­ moted to supervising attorney 0-10 11-25 26-50 51-75 76-100 101-250 251-500 501-1000 1001-5000 ' Data compili ed 9/97 for the Middlesex County Dis­ trict Attorney's Office in Woburn, Massachusetts, where PETE CARLSON she previously served as an assis­ tant district attorney.

SPRI NG 1998 / BOSTON COLLEGE LAW SCH OOL MAGAZINE 41 Alumni NEWS & NOTES

REUNION litigarion depanmem. His practice will focus on general litigation.

KATHERINE TAMMELLEO '96 All-New Reunion Weekend passed the Rhode Island and Massachuserrs bar exams and is Attracts Record Crowd an at(Orney with the Rhode Island Ethics Commission.

PATRlCK C. CANNON '97 has joined the law firm of Parsons z Behle & Latimer in Salt Lake g o Ciry, Utah. He specializes in cor­ ~ porate, securities, and tax matters. tendance at Reunion Weekend '97 nearly Shoring a laugh during the Closs of '72 reunion are (from lett) Richard A. Cohen and Dennis J. LaCroix. Adoubled over the previous year, thanks in arge parr (0 a greatly expanded program of

evems that included an innovative approach (0 class IN MEMORIAM parries, a new class gift efforr, and more activities for alumni and Hon. George A. Beaudet '36 their families. The Reunion Weekend, held Simon]. Kaplan '36 November 8 and 9, began with an alumni and faculty ro undtable Felix J. Cerra(O '42 cal led ''A Question of Imegriry: Respecting Cliem Au(Onomy in Edward P. Bird '48 the Toughest Cases." The discus­ James H. Benney '50 sion was fo llowed by a family pic­ nic, where classmates and friends Harold F. Berrolucci '50 shared news of their lives since graduation. Campus (O urs provid­ Joseph F. Gorski '51 ed a look at the new Law Library and the classroom and administra­ Hon. Alvin G. Rorrman '51 tion building now under construc­

tion. Some alumni vemured (0 the Members of the classes of '77 and '92 mingled at the family Picnic.. Everen T. Allen Jr. '52 Museum of Fine Arts in Bos(On for an exhibit of Picasso's early works. Joseph W Breen '52 Many alumni, who attended law school when it members of the reunion classes. The Mass was fol­ EdwardJ. Ridge '52 was located on Tremom Street in dow mown Bos(On lowed by a farewell reception in Barat House host­ and in More Hall on the main campus, were as(On­ ed by Dean Aviam Soifer. James M. O ates '55 ished by the Newton Campus and the tremendous The weekend also marked the launch of the growth in the institution. "It was gratifying (0 be Reunion Gift Program, a way for individuals and

Hon. Maxwell Heiman '57 able (0 reacquaim alumni with their alma mater their classes (0 ensure the cominued excellence of and (0 see their reactions," says Linda Glennon, the Law School's programs through comributions Charles M. Sullivan '60 associate direc(Or of alumni relations. targeted for specific campus projects. In the evening, each of the classes in anendance T he surge in imerest in Reunion Weekend, Harold E. Clancy '61 - 1952, 1957, 1962, 1967, 1972, 1977, 1982, demonstrated by the high attendance and many

1987, and 1992 - enjoyed its own dinner parry. favorable responses, has allowed planners (0 begin Alfred E. Sumerland '63 Unlike previous years, the organization of the affairs preparing an even more ambitious evem for Leland F. Munroe '71 was in me hands of individual class planning com­ Reunion 1998. mirrees that made the decisions about location, "To have gotten such a positive response (0 our emerrainmem, and menu. The parries proved a renewed reunion program has energized both staff great opporruniry for alumni (0 reminisce and and alumni," says Glennon. "We hope that this will

rekindle friendships. encourage al umni (0 parricipate in the planning of Sunday morning, alumni attended a Mass and their upcoming reunions. It is, after all, the alumni Service of Remembrance (0 honor the deceased who determine the overall success of the evem."

42 BOSTON COLLEGE LAW SCHOOL MAGAZ INE / SPRI NG 1998 Alumni NEWS & NOTES

Baby Jake joined mom and dad Patricia Campanella Daniels '87 and Eric D. Daniels '86 in taking part in the (amily activities planned (or Reunion Weekend. Smiles abounded (or ((rom left) Josephine McNeil '87, Mildred Quinones-Holmes '87, and Joseph Holmes at the Class o( '87 party.

The Class 0('67 reunion gave classmates (from left) Charles A. Abdella, Daniel H. Kelleher, Charles P Reidy, and William j. Lundregan the chance to get reacquainted.

Alumnae ((rom left) Margaret R Gallogly, Elaine F. Rappaport Lev, Ameli Padron-Fragetta, Barbara M. Senecal, and Matjory D. Robertson hailed (rom the Class o( '82.

Classmates ((rom left) Mortimer C. Newton, William W Graham, and James F. Kavanaugh Jr. made the most o( their reunion at the Class o( 77 dinner.

Members o( the Class o( '52 enjoyed the opportunity to talk about the pase presene and (uture.

SPRING 1998 / BOSTON CO LLEGE LAW SC HOOL MAGAZINE 43 Alumni NEWS & NOTES

E 5 5 A Y needn't have worried. abour lOin 1967) who was a There were a few awkward veteran of several earlier momenrs when I thought I reunions. I learned that this was didn't recognize anyone, bur the first where virtually all the No Place like Home soon I discovered that the faces arrendees were trying ro con­ I remembered were still there, nect with one another on a per­ A

44 BOSTON COLLEGE LAW SCHOOL MAGAZ INE / SPRING 1998 Alumni NEWS & NOTES

became interested in finding gram, a school program, and a more historic wreckage and kids' summer program. As began connecting with other Cohn says, "It's a dynamic time Art Cohn Takes a Dive and historians and divers. Mter sev­ at this museum." eral years of surveying the lake Although Cohn did not pur­ Surfaces with a New Career and success in retrieving many sue a law career, he says the historically significant artifacts, knowledge he gained at the Law he and a team of historians School proved to be invaluable. opened the maritime museum in "It prepared me to administer a 1986. fast-growing museum in two the rest of his survey rienced a change of heart. "Two Cohn's dreams of involving ways. First, my knowledge of A team waited anxiously, to three years after law school, I the community in the museum law and its systems and iver An Cohn broke was at the point where I had to are coming true. Not only does approaches helped us when we the surface of Lake Champlain choose between practicing law the museum do nautical archeol­ were getting started. Also, I have in Vermont and declared tri­ and my love of the outdoors," ogy, but it is also a community a greater understanding of pub­ umphantly, "We have a gun­ he says. He chose diving and resource where the public can lic policy and cultural resources, boat." The team, led by Cohn opened a dive shop in Burling­ find exhibits, books, and other and I know how to use them," and hailing from the Lake ton. After discovering a cannon­ information about the lake. he says. "That has helped us Champlain Maritime Museum, ball at the bottom of Lake Among the museum's outreach keep the museum going." _ had discovered a Revolutionary Champlain in 1977, Cohn ptojects are an e1derhostel pro- - Deborah Patt War gunboat from the fleet of Benedict Arnold that sank to the bottom in 1776. Cohn '74 has always loved the water, and worked as a pro­ It's a Homer fessional diver while attending the Law School. Mter obtaining his degree, he moved to Ver­ mont to practice, but soon expe- aseball lovers across the Bnation are bookmarking this web page, but the baseball goodies are not written by a sportscaster, a former pro, or Let's Get even a career sports writer. They are written by. . . a lawyer? At Personal www.thehotcorner.com , readers are greeted with: "Welcome to e love getting word The Hot Corner, a unique baseball W of your profession­ website featuring news, commen­ al accomplish­ tary, original research, and plenty ments, but we are also eager of humor." to hear about your life out­ "It started as just me at the A love of baseball and a page on the World Wide Web have allowed David Coin '86 to (onnea with people across the notion. side of work. Let us know computer, writing about some­ about your weddings, thing I'd seen in the sports page," anniversaries, children, says San Francisco lawyer and Chronicle columnist Gary Swan March through October) and classmate get-togethers, baseball fan David Cain '86. He called Cain's website "one of the every other week in the off-sea­ hobbies, and honors outside soon handed out or faxed copies best pages" among the abundant son. "It's a nice way for a lot of the workplace - in other of his writings to friends and other baseball sites now flooding the people to gather around baseball, words, the things that make lawyers. After receiving encour­ web. A feature of the page is book and I've had many people tell me life worth living. And don't for­ agement and facing a mounting reviews. "I'm hoping to do more that the column brightens up their get to send pictures. We are demand, Cain began to send what book reviews, and also in the winter days with 'warm baseball "warm ing up" our Alumni was quickly becoming a regular works is a trivia contest with base­ thoughts.'" News and Notes with these column to a growing list of inter­ ball cards as prizes and a letter While he hopes to expand, the stories, so please write: Vicki ested readers. He now sends his section where we post parts of let­ website is not Cain's only priority, Sanders, Editor in Chief, column out every Monday from ters written by readers," says especially considering he is "com­ Boston College Law School his website to regular readers Cain. mercial-free" with no outside fund­ Magazine, 885 Centre across the country. Although he is busy at the ing. "I would do more," he says, Street, Newton, MA 02159- Friends and relatives are not David Cain Law Offices, he enjoys "but I also have to be a lawyer right now." _ 1163 or send e-mail to the only ones enjoying Cain's col­ updating the page every week [email protected]. _ umn. Last May, San Francisco during the baseball season (mid- - Deborah Patt

SPRING 1998 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 45 Alumni NEWS & NOTES

New 'Shadowing' Program Gives aTaste of the Real World

hirty-six first-year stu­ with the student shadows. "The T dents received a glimpse response was remarkable," says of real-life lawyering this Deborah Blackmore Abrams, spring, thanks to a new "shadow­ director of institutional ing" program put together by the advancement. "There is no Law Student Association (LSA) question that there are many and the Office of Alumni Rela­ alumni across the country who tions and Development. are eager to involve themselves The idea to match up Law in this way. T he program shows As a shadow; Alex Jones '00 got a look behind the scenes at ESPN, where Leonard F School alumni with new students great potential." DeLuca 74, 77 ((ront) is senior vice president o( programming and development. for a one-day exposure to prac­ T he result for the budding tice came from the student lawyers was a full day of immer­ Jones, the LSA representative, "He was a phenomenal host," group. "There's a lot of talk here sion in specialties ranging from says his principal interest is in says Jones. "I spent the day about the [Boston College Law] criminal prosecution to intellec­ public interest law, but show biz sitting in on a lot of negotia­ community," says Alex Jones, a tual property to securities. "I lingers in the back of his mind. tions, seeing how a channel li ke first-year representative to the think it's a great idea," says John Jones jumped at the chance to ESPN goes about acquiring pro­ LSA. "This was a way to intro­ Hani£Y 74, who was shadowed spend the day in New York C ity gramming. And he took me out duce people into it." for a day by Kevin Granahan. with Leonard F. DeLuca 74, '77, for a great lunch. He was very The alumni office helped "There's an enormous differ­ senior vice president of program­ positive about what I was doing, line up law school grads in ence between being in law ming and development for the and about where BC could get Boston, New York, Washingron, school and being in the practice ESPN sports network. And he you." _ DC, and Chicago to be paired of law." was by no means disappointed. - Robert Keough

into the mountains. This began a 25-day journey for the pair, who survived on raw potatoes, The Great Escape stolen tomatoes, and what little food sympathet- ic Italians provided. Liberation 11'13 came after a chance meeting e daring POW camp escape of with Canadian soldiers on ,-:Robert W. Blakeney '52 has been patrol. profiled in A Prisoner's Duty: Great Blakeney returned to the US Escapes in US Military History, published in and received his degree from 1997 by the Naval Institute Press. Blakeney, the Law School. He practiced a staff sergeant with the United States Air law with his father in Worcester Force, was captured by Italian soldiers in and Boston for 15 years until his August 1943 after his bomber went down in a father retired, and then opened crash landing that killed five men. Blakeney his own firm. He is now retired and four other survivors were interred in a and living in Needham, Massa­ prison camp in Sulmona, Italy. chusetts. _ One night in late September 1943, Blak­ - Deborah Patt eney discovered an open prison-camp gate and informed the other paws. Twenty Ameri­ More than 50 years after breaking out of cans escaped before the guards were alerted an Italian prison camp in World War II, to the open gate. The paws split into pairs of Robert Blakeney '52 is (eatured in a book two , and Blakeney and John M. Hess headed on great military escapes.

46 BOSTON COLLEG E LAW SC HOOL MAGAZINE / SPRI NG 1998 Alumni NEWS & NOTES

vice exemplified by Father Malley, a lawyer, advisor, and friend of Two Alumni Honored for Boston College. A partner at Hemenway & Barnes in Boston, Selfless Dedication Puzo counrs among his many alumni activities the co-chair­ manship of his class reunion menr of legal education reflects ery year the Law School effon in November, membership the loyaley and constancy of the Eand the Boston College in me Leadership Gifts Commit­ professor for whom it is named. niversicy Developmenr tee, and singi ng at Law Day, Office recognize alumni who have McCormack receives this honor which he does every May. _ been ouestanding in their suppon to recognize his active involve­ - Deborah Patt for me Law School, not only menr with the school since his financially, bue also through graduation. A partner wim Bing­ ongoing panicipation in Law ham Dana LLP in Boston, School activities. This year, the McCormack is an adjunct faculey award recipienrs are William A. member at the Law School and McCormack '67 and Michael J. co-chair of his reunion commit­ Puzo 7 7. tee, which held its thirtieth The Francis J. Nicholson, S.J., reunion last November. He is also Award recognizes a vol unreer a member of the Special Gifts whose dedication to the advance- Committee and the Reunion Gift Effort. McCormack's ties to me Law School were strengthened after me graduation of his daugh­ Mark Your ter Kerry E. McCormack '96. T he James B. Malley, S.J., Loyalty and constancy are qualities for Calendars! Award goes to PUZQ for demon­ which William A. McCormack ·67 is being May 24: Commencement strating a spirit of caring and ser- recognized. fo r the Class of 1998, Newton Campus, 2 p.rn. May 26: Dean's Council Reception, Ritz Carlton Hotel, Boston, 6 p.m. to 8 p.rn. Cheer Among the Cherries June 11: Boston Area Recent Graduates Reception, Oliver's Tavern, Boston, 6 p.m. to 8 p.m. June 26: 1 L Coffee Reception, Stuart House Snack Bar, Newton Campus, 9:30 a.m. to 11 a.m. September 16: Boston Area Recent Graduate Luncheon, time and place to be announced. October 3-4: Reunion '98 Weekend for the classes of 1948, 1953, 1958, 1963, 1968, 1973, 1978, 1983, 1988, and 1993, various locations. Fo r details about these ebra s. Wekstein '93 wrote to say that last year eight members of and other upcoming Law Dthe Class of '93 gathered for an informal reunion in Washington, School events, contact DC, to catch up on each others' lives and to enjoy the cherry blos­ the Office of Alumni Rela­ soms brightening our nation's capital. Da niel Ball , Brigida J . Benitez, Dar­ tions and Development, ren T. Binder, and Ron Cox live in DC, Mary Beth Basil e and Wekstein live 617-552-4378. _ in Boston, Patti Boss came from New York, and Sharon A. Hwang came fro m Chicago. _

SPRJ NG 19 98 / BOSTON COLLEGE LAW SCHOOL MAGAZINE 47 .. .and the Walls (Didn't) Come they were required to do so for this landmark the relief of Anne Childers, however, he Tumbling Down case. These observers were impatient with the declined a role in the continuing investiga­ painstaking - and inherently boring - tion and prosecution, and came home. When (continuedfomz page 23) process required in such a complex ptosecu­ the worldwide search Childers supervised for Omar Abdel-Rahman - were In custody tion. That is, until the summation, delivered World Trade Center masterbomber Yousef within five weeks. by DePippo (Childers made the opening bore fruit - exposing, along the way, a new Several other conspirators, including prin­ statement and rebuttal summation), which plot in the Philippines to blow up a dozen cipal bombmaker Ramzi Yousef, escaped the tied all the evidence together in a compelling American airliners en route from Asia - grasp of the authorities - one is still at large story of deadly conspiracy. Even the bored Childers faced another tough decision, but today - but displays of rank amateurism and cynical journalists were won over. More decided not to prosecute Yousef himself Childers could not avoid the action alto­ gether, however. As the 1996 Summer Olympics approached, concern mounted in the White House about dis- "For a case like this to go on trial this quicldy jointed security prepara­ is unheard of. It was a hellacious pace." tions in the host city of Atlanta. Vice President AI Gore wanted somebody to such as that of Salameh earned the bombers a important, so was the jury, which convicted take charge, and Gil Childers seemed a logi­ media reputation as "the gang that couldn't all four bombers of conspiracy, explosive cal choice. "The big concern was a terrorist bomb straight." The terrorists' apparent feck­ destruction of property, and other charges event," says Childers, and in the Department lessness belied the difficulty of proving the one year to the day after the first arrest in the of Justice, "my name was synonymous with case against them, however. Catching the case. terrorism." The job of getting dozens of fed­ bombers so quickly put the case on a merci­ eral, state, and local law-enforcement agents lessly fast track, especially as the defendants' Synonymous with terrorism to work together required not a hard-nosed lawyers pressed, in an attempt to catch the prosecutor but a deft diplomat. "You'll have prosecution flat-footed, for a speedy trial. il did an absolutely spectacular job," says all the responsibility and none of the author­ With the FBI crime laboratory working flat GAustin Campriello, who defended one ity," former White House chief of staff out, it was July before all the evidence was of the bombers, Ahmad Ajaj. The case "was a Thomas F. "Mack" McLany advised analyzed, and jury selection began on Sep­ logistical nightmare," Campriello says. Childers. tember 15, barely six months after the bomb "There were hundreds of pieces of evidence." And then, of course, a bomb went off "It went off. "For a case like this to go to trial this Plus there was enormous pressure to win a wasn't supposed to happen that way, " laments quickly is unheard of," says Childers. "It was conviction. "Gil bore a great burden to bring Childers. "We were supposed to prevent a hellacious pace. " home the bacon." that." Still, he insists, the incident validated And what a trial it was. Though the pros­ "If the government had lost, the conse­ the overall security plan: Wide-open Centen­ ecution had mountains of evidence, none of quences would have been beyond compre­ nial Park was not a closed venue, and still the it directly proved that the four Islamic radi­ hension," says Sklaroff "He had the pressure bomb was discovered and the area largely cals had built and set off the bomb. Childers of having the whole world watching." cleared before the device exploded. and his co-counsel, Henry DePippo, called "Fear is a tremendous motivator, These days, there are no bombs on the 207 witnesses to the stand, but "only a couple Childers agrees. But the pressure may have horizon for Gil Childers. His third child - of them had eyewitness testimony, and none taken his mind off other things, such as the and second son - was just born, and could testify to eyeballing criminal activity," danger he and his family might be in. Childers's biggest worry now is whether he's says Childers. Richard Bernstein, who cov­ Childers's former classmate Starr remembers cut out to practice law. As an assistant US ered the trial for the New York Times, likened Childers arriving for a Boston College Law attorney, he says, "I felt like a spoiled kid who the case to "the way they proved the existence School panel during that time, under the pro­ could stay at Disneyland forever. But in my of subatomic particles. Nobody has ever seen tection of four US marshals. And the family mind, I had never been a real lawyer. I them. The evidence is all circumstantial." lived under conditions of elaborate security thought it was time to give it a try." Professor Indeed, the five-month-long trial struck that Childers calls incredibly invasive and Donovan says Childers has nothing to worry some as tedious and aimless. Shortly before painful. "It was a very rough time," agrees about. "Gil's going to make a mark. He the trial concluded, Newsweek called the case Anne Childers. already has. " _ "the plot without a story," as fragmented evi­ The experience was enough to take the dence piled up with little explanation of the edge off Childers's appetite for the limelight, motives and meaning behind the conspiracy. though he found it difficult to avoid. When "The reviews were not good," Childers an even deadlier bomb went off in Oklahoma Robert Keough is a freelance writer who recalls. City in April 1995, Childers was on the first lives in Brookline. He is a contributing writer In those pre-Court TV days, he says, it plane out. For six weeks, he applied his hard­ for CommonWealth, a magazine ofpolitics, was rare even for reporters on the courthouse earned expertise in supervising the investiga­ ideas, and civic life in Massachusetts, and a beat to sit through every day of a trial, but tion of a war-zone-like crime scene. Much to contributor to the Boston Globe Magazine.

48 BOSTON COLLEGE LAW SC H OOL MAGAZI N E / SPRI NG 1998 THE GIFT

for his support," said employs more than 30,000 ca n Textil e Manufacturers Farley Boston College President peo ple in more than 60 Institute, American Apparel William P. Leahy, S.] . countries worldwide. Manufacturers Association, Gives "The endowment of an Farley, who has been and the Rush Hospital academi c chair in law is a called "C hicago's ultimate H ea rt Institute. $1.5 major step forwa rd in the entrepreneur," began his Fa rl ey recenrly received Law School's continuing busin ess career in fin ance the Ireland-US Counci l for effort to attract the fi nest and operations at N L Commerce and Industry's Million legal scholars and co ntinue Industries. In 1973, he Annual Outstanding its advance in to the ranks joined the investment Achievement Award for his to Endow of the very bes t laws schools banking firm of Lehman efforts to improve eco nom­ in the nati on." Bro thers in co rporate ic, business, and co mmer­ Law "T his gift represents a fin ance. While at Lehman cial links between Ireland true miles tone in the Law Brothers, he purchased hi s and the United States. H e School School's history, " added first company, Anaheim also was named to Irish Bos ton College Vice Pres i­ C itrus Products (ACP) of America magazine's 1997 Chair dent for Uni versiry Rela­ Anaheim , California. Fa r­ Business 100 list. ti ons, Mary Lou DeLong. ley's personal in ves tment of Additional honors "Bill Fa rl ey's generosiry has $25,000 in ACP in 1976 include the Apparel Indus­ os ton College Law se t a new standard for sup­ became the foundati on for try Board, Inc.'s Special BSchool has received port among law alumni." a series of acquisitions that Award, the H oratio Alger a $1.5 million gift "We have greatly pri zed culminated in his $ 1.4 bil­ Award for Distinguished from alumnus William F. W illiam Farley's relation­ lion purchase in 1985 of America ns, the American Farley '69, chairman and ship over the years, " said Northwes t Industries, Inc. Academy of Achievement's chief executive officer of Law School Dea n Aviam of C hicago, which included Golden Plate Award, the Ftuit of the Loom, Inc. So ifer. "T his gift, an exam­ Fruit of the Loom. In National Women's Politica l T he gift - the larges t the ple of his co mmitment for M arch of 1987, he success­ Caucus' Good G uys law school has received whi ch we are ex tremely fully co mpleted the initial Award, and the W hite from an alumnus - will grateful , substantially $565 million public offer­ H ouse's Presidential fund the school's first advances Out academic in g of Frui t of the Loom. Award fo r Entrepreneurial endowed academic chair, miss ion." Farl ey was born and Excel lence. the William F. Farl ey C hair "Boston College Law raised in Pawtucket, Rhode Farley's philanthropic in legal studies. School has played a ve ry Island. He received a bach­ activities include a $3.5 "We are tremendously important role in my life, elor of arts degree in 1964 million gift to Bowdoin thankful to William Fa rley and 1 am extremely grateful fro m Bowdoin College - College in 1984, which to the in stitution and its which has since awarded led to the construction of wonderful fac ul ry and him an honorary doctor of the William Farley Field administrati on," said Farley. laws degree - and a juris House, dedicated in 1987. "I am delighted to make doctor degree fro m Boston I n the mid-'80s, he estab­ this gift to one of the best Coll ege Law School in lished a Farley Scholars law schools in the nation." 1969. In 1984, the Law Fund at Boston College. Farley is the owner and School Alumni Association In 1996, a $1 million gift chairman of Farley Indus­ named Farley its O utstand­ to his Rhode Island alma tries , one of the nation's ing Busin ess man graduate mater, St. Raphael Acade­ largest pri vately held indus­ of the year. my, was used to start an trial co rporati ons and the Farl ey is a member of advanced pl ace ment biolo­ largest stockholder in Fruit the World Pres idents' gy co urse, enhance athletic of the Loom, of which he O rganizati on, the Chi cago programs, and fund schol­ has been chairman and C lub, and the Northwest­ arships. T hat was in addi­ chief executive offi cer sin ce ern U nivers iry Associates . tion to prev ious fina ncial he acquired the co mpany in H e sits on various educa­ support fro m Farley and 1986. Sin ce then, Farley ti onal, civic, and cultural Fruit of the Loom for a has built the co mpany in to boards, including the H or­ computer center, science a leading internati onal atio Alger Association classrooms, and other manufac turer and marketer Board of Directors, the fac ilities at the school. of bas ic family apparel with C hi cago Council on For­ Farley resides in Chicago sales of approximately $2.3 eign Relations, the Ly ri c with his wife, Shell ey, and Farley's gift gives the school its billion for the 1997 fi scal O pera of Chicago, the their three so ns, H ayes, first endowed chair. year. Today, the co mpany Goodman T heatre, Ameri- Scott, and Liam. _