BC Law Magazine Fall/Winter 2011 Boston College Law School

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Boston College Law School Magazine

10-1-2011 BC Law Magazine Fall/Winter 2011 Boston College Law School

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Recommended Citation Boston College Law School, "BC Law Magazine Fall/Winter 2011" (2011). Boston College Law School Magazine. Book 39. http://lawdigitalcommons.bc.edu/bclsm/39

This Magazine is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Magazine by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Online at www.bc.edu/bclawmagazine Pumped on the Vineyard | Second-Guessing Obama

BOSTON COLLEGE LAW SCHOOL MAGAZINE | fall / winter 2011

The World as Their Classroom how experiential learning is revolutionizing legal education I mentor first- and second-year

students: I do lunch, coffee, career advice, job

“insights, whatever they need. Most recently, I mentored a student from the South Side I’m a Double Eagle. I’m devoted to of Chicago; she’s first generation to go to “ the school and do whatever I can. I often college, just like me. We met all the time. “meet one-on-one with area students She even invited me to her graduation. who are considering BC for law school. —Xiomara Corral ’87, Senior Counsel, Citizens Financial Group, They want to know what Boston is like, Boston, Mentor what the school’s strengths are, that kind

of thing. I also counsel BC Law students

who want to intern or work in Chicago. I spent nine years at BC, nine great years, “ For the past six years, I have volunteered and I’m always happy to help. as a judge in the Grimes Moot Court. Being —Esther Chang ’07, Baker & McKenzie, Chicago, “retired, I have the time to review the case Chicago Chapter President, Admissions materials meticulously in order to set the participants as many difficulties as I can, all, of course, in good clean fun. I never fail to Soon after I graduated from law school, I was be impressed with the students’ pleasant personalities, their legal abilities, and their working at a law firm that closed. I immediately future promise.—Douglas M. Myers ’74, got an email from our former dean, John Garvey, Retired, Cambridge, Judges Advocacy Program “ offering to help in any way he could. The dean passed my resume along to another grad and I was “ hired. That meant a lot to me and cemented my relationship with the Law School. The school was there for me, and I’ll always be there for BC. —Christopher Morrison ’01, Jones Day, Boston, Boston Alumni Chapter President

I’ve been asked to field calls from admitted students who are considering BC Law. A lot of

“those students have never been out of Texas before. I tell them it’s a culture shock, in a good

way. Boston is a great place to spend three years I came from back East, didn’t have any connections here, and BC helped me get of your life; it’s a young town, full of energy. I fell“ “launched. I want to do the same for other in love with the campus the minute I saw it. The grads who move out here. One way is to build school was great for me and I want to share that a stronger community of alums. Together with Molly Agarwal ’06 and Kimberly Chin’10, I’m

experience with my fellow Texans. helping organize alumni events in the San

—Tan Pham ’04, Baker & McKenzie, Houston, Texas, Admissions Francisco/East Bay area: happy hours, social get-togethers, anything that will help us build “ a stronger California connection.—Judy Liao ’05, Maranga Morgenstern, San Francisco, Northern California Alumni Chapter Leader

Why Volunteer? BC Law alumni give of their time in a variety of ways. The rewards are many and long lasting. To find out how you can become involved as a chapter, admissions, or reunion volunteer, as a mentor, oral advocacy judge, or speaker, visit http://www.bc.edu/lawalumnivolunteer. Or contact Christine Kelly, assistant dean for alumni relations, at [email protected] or 617-552-4703. Contents fall / winter 2011 Volume 20 | Number 1

10 suzi c amarata

FEATURES DEPARTMENTS 2 In Limine 12 Practicum v. Podium 3 Behind the Columns the economic downturn is forcing law schools to rethink how they’re preparing students for 4 In Brief the working world. Experiential learning 8 Legal Currents advocates are making the case that now is the at long last “Don’t Ask, time for hands-on training to take its place Don’t Tell” repeal beside theory and scholarship in the academy. Baby Talk All maternity leaves By Jeri Zeder aren’t equal 10 Hot Topics Vince Rougeau and Martin Ebel 18 great cases Tankful of Trouble on alumni five alums from three firms beat back a prickly 22 Global Engagement antitrust and consumer-protection action via the First Circuit in 2011. What did that 24 Esquire have to do with the price of gas on Martha’s ALUMNI NEWS Vineyard? Everything. GENERATIONS By Chad Konecky CLASS NOTES 32 Faculty Scholar’s forum Ethics and guilty pleas Profile: Joan Blum academic vitae 47 Report on Giving 60 In Closing

Cover: Illustration by Ken Orvidas

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

fall / winter 2011

VOLUME 20 NUMBER 1

All Things Change Dean Vincent D. Rougeau Taking the Law School in new directions Editor in Chief Vicki Sanders he times they are a changin’ and the Law School is changing with them. As ([email protected]) Dean Vincent Rougeau begins to envision the BC Law of tomorrow, certain Tthemes are emerging that point to the shape of things to come. Art Director This past fall, at alumni events across the country, Rougeau talked about the Annette Trivette importance of experiential learning to round out students’ law school education. He noted the growing demand for lawyers studied in international law. And he dis- Contributing Editor cussed how new economic realities are transforming the legal profession, perhaps Deborah J. Wakefield lastingly, and what that means for law schools.

Those themes are reflected throughout this issue of BC Law Magazine. The cov- Contributing Writers er story explores how the leaner, meaner economy is increasing employer demand Cynthia Atoji for graduates with more practical skills and student demand for curricular oppor- Chad Konecky tunities to acquire those skills. While the situation at first may seem like a relatively Amy Lai ’11 simple matter to fix, it is, in fact, extremely complex, as attendees found out at the Julie Michaels Third World Law Journal’s October symposium on experiential learning. For one thing, clinics are more expensive than podium classes because of smaller faculty- Michael O’Donnell ’04 student ratios and higher overhead. For another, there are disparities within the Jane Whitehead clinical and non-clinical faculty ranks that need to be addressed. Even so, the Law Jeri Zeder School, long considered a pioneer in clinical education, is determined to revitalize its programming and remain a leader in the field. Read how on Page 12. Photographers On the theme of international law, this issue launches a regular column called Kerry Burke, MTS BC “Global Engagement,” a forum where BC Law’s commitments to justice and inter- Suzi Camarata national law converge (see Page 22). The column is part of a journey of discovery. Caitlin Cunningham The inaugural article assesses how pervasive matters global are becoming Frank Curran throughout the Law School. The amount and variety of faculty, student, Charles Gauthier and alumni involvement is almost dizzying. Jason Liu “Hot Topics” is a second new column in the magazine. It is an oppor- Michael Manning tunity to bring the dean face-to-face with thought leaders for a conversa- Dana Smith tion on issues of importance to the Law School community, the legal profession, and the world beyond. The series kicks off with a dialog between Printing Rougeau and Alumni Board President Martin Ebel on Page 10. R. C. Brayshaw & Company Elsewhere in the magazine, Professor Alan Minuskin recalls BC Law’s long struggle to reconcile the military’s now defunct Don’t Ask, Don’t Tell policy and Boston College Law School of Newton, the Law School’s antidiscrimination policy concerning recruitment on campus (see Massachusetts 02459-1163, publishes BC Law Magazine two times a year: in Page 8). Taking an intentionally provocative stance on matters political, Professor January and June. BC Law Magazine is Richard Albert argues that President Obama should have broken the law to resolve printed by R. C. Brayshaw & Company in Warner and West Lebanon, NH. We last summer’s debt ceiling standoff in Congress (see Page 60.) In our continuing welcome readers’ comments. Contact us series on “Great Cases,” writer Chad Konecky tells the story of a mighty dust up by phone at 617-552-2873; by mail at over gasoline prices on the tiny island of Martha’s Vineyard (see Page 18). Boston College Law School, Barat House, 885 Centre Street, Newton, MA 02459- Finally, changes of a sadder sort. On Page 34, we say goodbye to some dear 1163; or by email at [email protected]. friends, Dean Richard Huber, Professor Emeritus Robert Berry, and Rev. Francis J. Copyright © 2011, Boston College Law School. All publication rights reserved. Nicholson, SJ. Opinions expressed in BC Law —Vicki Sanders Magazine do not necessarily reflect the views of Boston College Law School or Boston College. TIFFAN Y WIL D ING - W H ITE

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

Why Law School Still Matters

Can we maintain a just society without lawyers to uphold the public good?

eing a lawyer has much in common with tions not only to their clients, but also to the profes- being a public servant, and in times of cri- sion and society. sis, our nation has long looked to the legal Law school is more than preparation for a job. profession to move the country forward. The study of law is a process of formation that has a The New Deal and the Civil Rights move- number of goals. One is to prepare students to join a Bment are two particularly notable examples of this. profession and to take on the power and the respon- What distinguished the legal profession in those eras sibilities which membership in that profession confers. was a commitment to using the power of the law to Another is to bring students into an intellectual tradi- improve the lives of the many rather than to protect tion that has been wrestling with questions of justice the special interests of the few. for thousands of years. A critical part of maintaining a The economic and political crisis in which we find system of government under law that does not simply ourselves today presents an important opportunity conform to the whims of individual rulers or powerful to those entering the legal profession, one that we at BC Law hope to seize upon in a number of ways. As the high paying jobs at big law firms have evaporated Citizens pursuing a common project in the competitive volatility of the global economy, of democratic self-government need we will continue to encourage law students to think critically about how they would like to use their legal a notion of justice that moves beyond training. At its core, a legal system is about the admin- primitive concepts of “mine” and istration of justice. “yours” to one that grapples with the If lawyers have no coherent understanding of what a just society is meant to look like, the law is simply more complex realities of “us” and another tool in the assertion of personal advantage in “ours.”— vincent rougeau a society of autonomous individuals. Boston College Law School is rooted in a tradition that has a very rich understanding of what justice groups is having a broad group of citizens who under- means, one that goes far beyond the zero-sum game stand this tradition and appreciate its significance. of winners and losers that appears to dominate delib- When I welcomed my first class of students to the erations in Congress. Justice does not only involve the Law School, I was inviting them to membership in a interactions between individuals. It also has a social community of students, scholars, and professionals dimension that can only be realized with the needs of that extends far beyond the pleasant confines of our an entire community in mind, particularly the needs Newton campus. I was asking them to accept a mantle of its weakest members. Citizens pursuing a common of responsibility in our society that confers privileges, project of democratic self-government need a notion imposes responsibilities, and offers extraordinary of justice that moves beyond primitive concepts of opportunities to affect change. It is unfortunate that “mine” and “yours” to one that grapples with the these students took this step at a time when some of more complex realities of “us” and “ours.” the country’s most powerful people appear more driv- The legal system demonstrates a society commit- en by ideology than by any sense of the greater good. ted to justice when it provides the broadest possible But perhaps that very failure offers this generation of access to legal services. This means making law school lawyers a unique opportunity to step up and lead. affordable to qualified students from a broad cross- —Dean Vincent Rougeau section of society and providing pathways to a wide array of employment opportunities. A society concerned about justice needs talented lawyers as public servants who can promote the public interest, as well as lawyers in the private sector who recognize obliga- suzi c amarata

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

Joseph Story, Supreme Court Justice and Harvard Law School professor, is one of the featured authors in this exhibit. Visitors can view first editions of his many influential works and then scan this QR code with a smartphone to hear an audio clip about his life and works. To see the video, visit http://www.bc.edu/goldenage.

curator of rare books. “Within dell’s famous A Selection of several decades after the Revo- Cases on the Law of Contracts, A Rare Sight lution, the States went from which revolutionized teaching having very little legal litera- at American law schools. Library exhibit mines collection ture to having a tremendously Educational Technology for ‘Golden Age’ artifacts rich library of legal materials. Specialist Chester Kozikowski And if you look at the title helped integrate QR codes he Golden Age of lution, virtually the only law pages of these great books—by into the exhibit. This addition “ Legal Publishing in books being published in the Joseph Story, Simon Greenleaf, blends old and new and allows T Massachusetts,” a new colonies were statutory com- Theophilus Parsons, the list those touring the exhibit with exhibit from BC Law’s prized pilations and reprints of Eng- goes on—a tremendous number a smart phone to easily access collection, is on view at the BC lish and continental legal texts. of them came from Massachu- additional content about the Law Library in the Daniel R. However, by the beginning of setts publishers and printers.” exhibit: audio clips, links to Coquillette Rare Book Room. the 1800s, a “home-grown” “The Golden Age of Legal related websites, and a link to Massachusetts was an canon of American legal litera- Publishing in Massachusetts” the digital edition of the exhib- important legal publishing cen- ture began to emerge. traces this progression in Mas- it, which is also available from ter in the 19th century, when “As with so many things, sachusetts legal publishing, the exhibit’s webpage. American law book publishing Massachusetts was really at the beginning with a 1648 statuto- The exhibit remains on view was taking off. Prior to and forefront in this area,” says ry compilation and ending with into the spring. Hours are right after the American Revo- Laurel Davis, BC Law library’s Christopher Columbus Lang- weekdays from 9 a.m. to 5 p.m.

4 BC Law magazine | fall / winter 2011 devoted to international mat- the developing world. BULLETIN BOARD Third World ters. Topically, the Journal Ultimately, the Journal’s Law Journal published on a wide range staff reached a consensus that of subject matter, with race there was utility in promoting a African Law Renamed comprising the largest cohort, journal whose name reflects the University of Ghana Law Profes- and issues affecting women, values that underlie the publi- sor Raymond Atuguba, appear- Becomes Journal of children, international policy, cation and the community. ing at the International Legal Law & Social Justice and immigration representing In a memorandum that pro- Studies Colloquium in October, the next five most significant posed changing the publica- argued that the inflated role of n the late 1970s and early categories. Although the edition’s name to the Boston Col- lawyers in leading his country and in the design and imple- 1980s, a group of students tors believed this cataloguing lege Journal of Law & Social mentation of policy is precari- sought to found a journal demonstrated that the Jour- Justice, the editors wrote: “We I ous because “lawyers are not that would provide a progres- nal had remained faithful to believe that the proposed name necessarily trained in public sive, alternative legal perspec- the aspirations of its founders, is consistent with the jour- policy and the critical discipline tive by publishing scholarship they also felt that most of the nal’s subject matter and, while and experiences that public affecting populations under- published articles fell well out- honoring and respecting the policy implicates.” He is examin- served by the legal academy. side the understood meaning journal’s past, more effectively ing how the reform of Ghana’s Led by Chuck Walker ’78, of the term Third World. furthers the founders’ mission. constitution, forestry laws, and Maurice Hope-Thompson Staff discussions centered on We also believe that including health insurance system by ’81, and Bernard Greene ’81, a desire to change the name to ‘social justice’ in the title of lawyers aware of their capacity among others, the group envi- something that more accurately the journal accurately reflects deficits and the limits of the sioned a journal distinct from reflected the mission of the pub- its scope and topical focus law, can inform a future polity more mainstream academic lication, but also to something to outside authors, employers, for Africa. publications that tended not to that reinforced the mission of and students who may not scrutinize the effects of dispro- the Law School, which articu- be familiar with the nuances 1984 Redux portionate economic impact. lates the school’s commitment of our mission statement but Saying at a faculty workshop Instead, the students hoped to social and economic justice. who share our commitment to last fall that “it is difficult to focus on conditions affect- According to the Law School’s social justice.” to not see the potential of a ing underrepresented popula- website, the Third World Law Persuaded by the students’ surveillance state coming into tions, human and civil rights, Journal’s founders envisioned it proposal, and upon the recom- being through the contra- immigration, and women’s as “a forum for discussing legal mendation of the publications band exception” to the Fourth and children’s issues. With issues affecting people, cultures, committee, Dean Rougeau Amendment, Washington and encouragement from Dean and institutions that share a gave permission to usher in a Lee Law Professor Timothy C. Richard Huber and Professors common history of colonial- new era for the journal both MacDonnell discussed his con- Robert Berry, Arthur Berney, ism, oppression, under-repre- beloved by its founders and, cerns about warrantless canine and Ruth-Arlene Howe, the sentation, and marginalization now, entrusted to a new gener- sniffs of the home. As MacDon- students overcame apprehen- in the political and economic ation of students equally com- nell concluded in his recent Uni- sions of a faculty skeptical of processes” within the US and in mitted to its mission. versity of Memphis Law Review

j ason liu the proposed journal’s signifi- article on the topic, “Orwell’s cance. They named the pub- vision was not intended as a lication the Boston College prophecy, but as a warning—a Third World Law Journal. comment or elaboration, the warning that is as relevant now Unfortunately, since then opinion of a BC Law graduate as it was when first written.” the term Third World has on that subject. The quoted acquired a pejorative connota- opinion expressed a point of Climate Change tion. In fact, the head of the view approving the manage- Defending the EPA’s Clean Air World Bank recently argued ment side rather than the union Act climate change rules in for the term’s retirement since, side in the dispute. federal court was the subject in the newly globalized econ- Among the gems of wisdom of a talk by Ann Weeks, senior omy, it disparagingly distin- I recall from the excellent edu- counsel and legal director of guishes between donor and Letters cation I received at BC Law is the Clean Air Task Force in supplicant nations, and the Thomas More’s description of Boston. …European scholar humiliating dependence of the the law: “A profession it is to Marc Pallemaerts of the Univer- latter on the former. Two Sides to a Story disguise matters.” site Libre de Bruxelles and the In response, the 2010-11 In a very short entry in the With that admonition in University of Amsterdam spoke editors of the Journal under- Spring/Summer 2011 issue titled mind, I respectfully suggest that about the current state of took an analysis of the past “Overheard,” the magazine in future editions the magazine multilateral climate negotia- issues’ content. They discov- described the subject of public take care to “overhear” both tions, in advance of an international conference in Durban, ered that 70 percent of their employee union bargaining sides of issues. South Africa. articles concerned domestic rights as a “national firestorm,” Margaret Monsell ’90 issues, while 30 percent were and quoted, without further Cambridge, Massachusetts

www.bc.edu/lawalumni 5 [ I n B rief ] Jennifer Kent ’13 A Brilliant before coming to law school. President, Black Law Students Association; secretary, Business One founded and directed and Law Society; executive coordinator, Students of Color Calculation the Serbian American Medi- Retreat Planning Committee; staff writer, Boston College Law cal Association in Washing- Review. At UMBC (University of Maryland, Baltimore County, The Class of 2014 ton, DC, uniting physicians where she earned a BS in financial economics), vice president, Really Adds Up and health professionals in the Student Government Association. US and Serbia to bring medi- et’s hear cal relief to underserved areas As an undergraduate and law student, why have YOU GRAVI- it for the in war-torn Bosnia. Another TATED TOWARD LEADERSHIP ROLES? LClass of is a proud member of the I am the type who gets involved in whatever community I’m a 2014—all 268 Lady Leathernecks, or female part of. I like helping others and it gives me a right to complain of them. The stu- Marines, who comprise just about things—a right I don’t have if I’m sitting on the sidelines— and to try to fix them. dents hail from 6 percent of the corps. Still 33 states and 122 another was the Assistant Dep- WHY DID YOU TO TAKE UP DIVERSITY AS A CAUSE? colleges and uni- uty Chief of Mission at the US I went to a diverse undergraduate institution, so diversity wasn’t versities, average Embassy in Seoul. in the forefront of my mind until I became a part of the legal 24 years in age, Many have known suc- community. I am one of fourteen black persons in a class of and include 5 cess in the fields of music and 261; the only black person from my class on the Boston College National Merit sports. One earned the Tan- Law Review. I’ve sat through classes where minority students Scholars, 1 Ful- glewood Music Center violin hesitated to say things about race because they didn’t want to be bright, and 11 prize and was a Tokyo Viv- the token. It was eye-popping to me, and I wanted to work on the Phi Beta Kap- aldi Ensemble soloist. Ath- issue. It’s not just a BC problem, it’s a legal profession problem. pas; 23 already letes include an internationally have advanced licensed sailor, a member of the WHAT ARE YOU DOING TO CHANGE THINGS? I’m working to set up more mentoring, academic, networking, degrees and 100 speak at least Quarry Cats United Women’s and professional development programs for students of color. one foreign language, perhaps Hockey League team, and a Some feel isolated. Many didn’t have access to these resources the rarest among them being former member of the US Fig- before they came to law school—they don’t have lawyers in Telugu and Pulaar. ure Skating team. the family and are culturally very different. I want to ensure all The new class is 47 percent In a field by himself is a students of color feel supported at BC. women, 53 percent men, and Cirque de Soleil-trained clown. 24 percent students of color. But perhaps no one is more WHAT’S BEEN THE IMPACT Of THE 1L STUDENTS OF COLOR RETREAT? The media GPA is 3.66 and the representative of the cultural When I attended as a 1L, the retreat felt more like a social median LSAT is 165. diaspora than the student who event. I thought it would be more beneficial to focus on the But a class is more than said, I am “ethnically Latvian, school experience: strategies for class, what tests look like, how numbers. These 1Ls put their Basque, Norwegian, and Native to network. It was tough because when planning the retreat minds, hearts, and bodies to American…I identify as both for the Class of 2014, I was asserting my ideas to the retreat committee and a little voice was asking me, “Why are you so work in a variety of ways immigrant and American.” sure about this? You’re not an expert on diversity.” But we did it, and afterwards the response was overwhelmingly positive.

First Person Singular BLSA HELD A “PRIVILEGE CONFERENCE” LAST FALL. WHAT WAS THAT? We wanted to foster a broad conversation about what privilege “I hope that another budding attorney has means in a law school environment. Personally, I’ve felt that read my blog and felt a sense of comfort by people who have parents who are lawyers are very privileged. But there are other factors that students feel determine privilege: knowing that someone else in the same boat socioeconomic status, religion, and gender, for instance. It was experienced similar sentiments. I hope that a way to bring into the open the conversations that were going a seasoned attorney read an entry or two on here on the sidelines.

and was brought back to how he or she felt WHAT ABOUT AFTER LAW SCHOOL? and thought as a young attorney. I hope it I’m interested in corporate law, and intend to practice in Boston. bridged a gap by resonating with green and I was fortunate to work at Edwards Angell Palmer & Dodge (now Edwards Wildman Angell) my first summer. I met fantastic experienced alike. Most of all, I hope that people, was exposed to transactional work, and solidified my you’ve enjoyed reading about my time at BC desire to work in private practice. This summer I will be at LAB as much as I enjoyed being there.” Goodwin Procter. I chose that firm for the same reasons I chose BC: It has a fantastic reputation, I feel well supported, and there —Anusia Hirsch ’13, blogging about her 2L summer at BC’s LAB (read more are people who are personally invested in my career.

at http://bclabstudent.wordpress.com). Interviewed by Vicki Sanders c aitlin unning h am

6 BC Law magazine | fall / winter 2011 [ I n B r i e f ]

www.bc.edu/lawalumni 7 [ L e g al C urrents ] trends, opinion, and timely issues

tory. The Law School’s nondiscrimination policy has always required employment recruiters to pledge not to discriminate in hiring on the bases of gender, race, age, religion, national origin, and a number of other categories. When, in 1982, the law faculty added sexual orientation to the policy, recruiters for the United States military were barred from the Law School campus because, as a matter of policy, only Over the years, hundreds of students’ law school experiences were both burdened and enriched by the live, real-time civil rights struggle that called them to action.

heterosexual applicants could be hired. Military recruiters were instead permit- ted to interview law students only on the university’s main campus. In 1993, as a purported compromise, “Don’t Ask, Don’t Tell” replaced the former policy that flatly banned gays and lesbians from military service. That change, however, had no effect on the Law School’s practice of barring military recruiters from its campus. Because openly gay and lesbian law students remained legally ineligible for military jobs, military recruiters were still required to conduct interviews elsewhere. By 1991 almost all law schools in the United States had added sexual orientation to their nondiscrimination policies, and the practice of prohibiting military recruitment on law campuses became widespread. B rian S tauffer In 1994, as a response to law schools’ enforcement of their antidiscrimination policies, Congress passed the first of two The Lessons of “Don’t Ask, laws known as the Solomon Amendments, which were designed to inflict financial Don’t Tell” penalties on schools that barred recruiters. The first of the laws, which were named repeal ends teachable moment for Law School community for their author, Republican Representa- tive Gerald Solomon of New York, pro- n October 3, the faculty restored tion, of the discriminatory policy known as hibited schools from receiving Defense a part of the Law School’s non- “Don’t Ask, Don’t Tell” (DADT). As the Department funds if they barred military Odiscrimination policy that it was anti-gay policy ended, so, too, did one of recruiters. Because few, if any, law schools compelled to suspend more than ten years the longest teachable moments in the his- received Defense Department funding, the ago. The faculty’s action was made pos- tory of legal education. second Solomon law followed in 1995, and sible by Congress’s recent repeal, and the One cannot fully appreciate this devel- it cut off schools’ funding from the Depart- Defense Department’s subsequent eradica- opment without understanding its his- ments of Labor, Education, and Health

8 BC Law magazine | fall / winteR 2011 and Human Services. This included student financial assistance from the Department of Education. Law schools suddenly had Baby Talk to choose between breaking their own nondiscrimination policies and risking a How maternity leave differs in the EU and the US crippling loss of federal funds. Law faculties and students across the n February 23, 2010, the Com- country, as well as the Association of mittee on Women’s Rights and American Law Schools, fought against OGender Equality of the European the Solomon Amendments in a variety Parliament passed a draft legislation to of ways. At Boston College Law School, make it compulsory for employers in the Interim Dean James Rogers responded to European Union (EU) to extend maternity student and faculty concern in 1998 by leave from fourteen to twenty weeks on appointing a Task Force on Nondiscrimi- full pay. Pursuant to this proposal, mem- nation and Military Recruiting Policies to ber states must also give fathers the right determine whether there were legal alter- to fully paid paternity leave of at least two natives beyond simple compliance or defi- weeks within the period of maternity leave. ance. In April 1999, the faculty adopted a On October 20, 2010, the parliament sweeping set of task force recommenda- passed the proposal in Strasbourg, making tions to preserve and protect the school’s twenty weeks of maternity leave on full commitment to equality while minimizing pay compulsory in all EU countries. the risk of loss of federal funds. The fac- Some people believe that classifying ulty resolved to urge repeal of the Solomon pregnancy as a sui generis condition in Amendments, to permit military recruiting an attempt to rule out discrimination of only to the extent specifically required by women in the labor market would only law, and to post and distribute a notice stigmatize women as child bearers, hence M elin d a B e ck reaffirming its opposition to sexual orien- preventing equal treatment of men and tation discrimination and to discriminatory women. Cardozo law professor Julie Suk While the upbringing of recruitment activity on campus. Recruiters asserts that gender stereotypes are not nec- continued to interview law students on the essarily bad. Because women are expected children is viewed as a societal main campus. to engage in more caregiving than men, In the fall of 1999, a national letter- when employers make the same demands responsibility in many European writing campaign centered at the Law on women and men, primary caregiv- School persuaded Congress to pass the ers—mostly women—will find it difficult countries, Americans tend to have Frank-Campbell Amendment, which took to meet their employers’ expectations. an individualistic outlook on life student financial assistance out of the Solo- Thus, Suk argues, a successful work-family mon calculus. Frustrated by this weakening reconciliation policy has to rely upon some and presume that individuals who of one of Solomon’s purposes—to provoke generalizations about gender roles. conflict between students demanding equal- Suk’s generic, common understanding choose to have children should be ity and those worried about losing their of stereotype and her reconciliatory posi- student loans—the Defense Department tion overlook the nature of motherhood fully responsible for the costs. struck back with a regulation that extended and the deep bond between mother and the reach of Solomon to all departments child that deserve special protection by had extensive, generous policies that help of a university, even if only the law school the law. In contrast, Emory law professor women combine work and family respon- barred military recruiters. This develop- Martha Fineman offers a more refined sibilities. Maternity leave provisions in ment increased the potential price tag of understanding of motherhood, by recog- the United Kingdom and Germany have nondiscrimination by billions of dollars. nizing the gendered implications of wom- been far less generous. The new law thus The Defense Department also struck en’s lives without assuming that all wom- formed a supranational constitution, under back locally with letters to the Law School en’s experiences—even as caregivers—are which the EU can uphold its interests at the rejecting some of the mechanisms imple- the same. Fineman also affirms the mother- expense of national policies, such as those mented by the faculty and insisting that child bond, by explaining how women’s of the UK and Germany, while deferring to recruitment activity take place on the law domestic labor both entails sacrifices and member states if domestic policies provide campus. Rather than risk the loss of all provides immense joy. It is through such more generous maternity leave benefits federal funding to Boston College, the understanding of motherhood and the than the EU law does. However, the hands- Law School began to permit recruiting on mother-child bond that Fineman acknowl- off approach in the latter instance will per- the campus. edges that men and women are equal and petuate the gendered patterns of working The boldest attempt nationally to free yet different. This accordingly provides a and caring that are already dominant in educational institutions to fully enforce sounder justification for generous mater- EU member states, which offer generous their nondiscrimination policies was also nity leave provisions than Suk does. maternity provisions but allow paternity born at the Law School. In 2002, members Before the new law was passed, some leave to remain an option. (continued on page 42) EU member states, such as France, already (continued on page 43)

www.bc.edu/lawalumni 9 [ h o t t o pics ] Conversations with the Dean + lumni Board President Martin academic quality of our program, which Ebel interviewed Dean Vincent is manifested in what the faulty do, what A Rougeau during Reunion Week- Vince and is going on in the classroom, and what the end in October about alumni’s role in the adjuncts, many of whom are alumni, are Law School. Here’s an excerpt. But there’s Marty doing to bring new subjects to our students. lots more. Read or watch the expand- Second is the intensely loyal community ed interview for Rougeau’s thoughts on of alumni, students, faculty, and staff. We attracting talented faculty, more on law Talk about really care for one another. I don’t think school rankings, and, not least, what is his you can say that about every school. That’s favorite candy bar, at http://www.bc.edu/ Alumni not to say one school is better or worse; it’s ebel_rougeau. to say that BC has a community ethos that Martin Ebel: There is a long tradi- changes in the profession over time as means something and really distinguishes us. tion of community and collegiality among you see the new groups of people who are Third, our clinical programs are very alumni. How will you foster this tradition entering law school. You’re seeing who notable for their breadth and their depth. with students and alumni? they are, what their passions are, where There are so many graduates and students Vincent Rougeau: Community at BC their interests lie, and how they might serve doing important public service and social Law School is not just an idea but an your own needs for future employees. justice work in the community. Not a lot of incredibly meaningful part of who we are. Ebel: What do you see as BC Law’s schools have the kind of richness we do in The word is thrown around often in ways greatest strengths? those opportunities or are as motivated to that don’t have a lot of substance, but Rougeau: First is the extraordinary expand them and deepen their relevance. there’s a lot of substance to it at BC. I often say to students, you need to get to know our alumni. They’re there for you, and when you call, they respond. We support many opportunities for students, alumni, and faculty to meet. That interaction creates a more meaningful understanding of community. We are engaged in a relationship with one another across time, backwards and forwards. People can use the community as of way of thinking about their professional lives going forward and as a way of staying connected to an institution that helped shape them. Ebel: How can alumni help and how do they benefit from participating? Rougeau: Alumni can serve on reunion committees, judge competitions, and provide career advice and job opportunities to students, to name a few. Any way you can stay involved and provide that kind of interaction and support is appreciated. The benefits include a tremendous network that puts us all in positions to help one another throughout our careers. Come back to BC, literally or figuratively, get involved in your alumni association, see who’s there, talk to them about what they’re doing. There are incredible opportunities to leverage those connections in your own life and work. Also, we give you a window onto

10 BC Law magazine | fall / winter 2011 Fourth is the dynamism in our faculty. Ebel: What are BC Law’s greatest chal- school rankings? We’ve always had wonderful faculty, and lenges and how will you address them? ROUGEAU: Rankings have changed so I’ve been incredibly impressed with the Rougeau: The economics of law prac- much about legal education over the last quality of people I see when I recruit and tice are changing and that means that quarter century, so I don’t ever want to be who’ve come here recently. It says some- certain things about how or why people heard to say they’re not important; they’re thing special about BC, that people are select law schools are changing as well. very important. But I want to emphasize excited to come here, make a career here, Firms aren’t hiring the way they used to, that we don’t run our law school based make a difference here. so students have to be more creative, more on positioning ourselves in the rankings. Ebel: What can alumni do to leverage thoughtful, about what they want to do We run BC based on our mission, our these strengths? and how they’re going to get there. We institutional values, and on providing the Rougeau: Alumni are some of our need to be better at helping students under- highest possible quality of education to our best cheerleaders and advertisers in terms stand what it means to enter this profes- students. of recruiting new students and encourag- sion and where the opportunities lie. However, the reality is, rank matters. ing people to have a positive image of the Another big challenge is the economics So, our goal as an institution is to under- school. I would urge you to remain con- of higher education. We want to make sure stand where we fit within our peer group, nected so that when people ask about BC, law school is a proposition that a broad maintain a position with schools that we you have information to give them. I feel a cross-section of people can afford. We also believe we compare to in a meaningful way, real sense that alumni have a passion for understand how debt hobbles people’s and send a message that says we are prop- this place. Anything you can do to commu- choices. We’re going to have to work erly recognized nationally and beyond for nicate that externally helps us a lot. through those economic problems, along being the highest quality school we can be. Beyond that, some of you are in posi- with other schools. Reputation, that very amorphous part tions to hire people or to influence the Ebel: How can alumni assist with this? of rankings, is a huge part of the final hiring process—so just get people to under- Rougeau: One great way is counseling. number. Alumni can help get the message stand what we do here, that we have great Helping young people to think carefully out. If you feel we’re delivering a quality students, and that they won’t be disap- about what attracts them to law school product in terms of what your experience pointed if they hire them. Also, participate will mean that when they get here, they will was, let people know. in our programs—talk to us about, say, have started to consider where their pas- EBEL: What is the difference between a what you can do in the classroom, as a sions lie, what they want out of law school, Jesuit BC Law and a Catholic BC Law? mentor, or by giving a career talk. and where they’re hoping to go. When a ROUGEAU: One way to think about it large and diverse group of alumni is part of is, Jesuit institutions are part of Catholic that conversation, we can attract a larger tradition in the same way that, say, Texas and more diverse group of students because is part of the US and Massachusetts is part they’re seeing the different ways that a law of the US. There are some critical differ- degree helped people reach their goals. ences between Texas and Massachusetts, Ebel: How is BC Law addressing the different ways of approaching life, ways difficult job market for new graduates? For of thinking about living, climate. In a way, alumni generally? Jesuits are part of the broader Catholic Rougeau: Law schools provide a great church, where they have developed a point of contact throughout your careers unique understanding of their role. They when you’re making professional transi- have a unique history, they have a special tions. We have a particular role to play charism, a special way of engaging the spir- with current students, of course, but in the it of Catholics in the world. That redounds process of helping them, we are learning to our benefit institutionally because BC is about where opportunities lie in the profes- part of that many-hundreds-of-years-old sion and can often use that to help gradu- tradition of Catholic intellectual life. But ates who’ve been out for some time. it is not a statement about being Catholic The job market in the law is becoming in a way that some might call parochial. a lot more like job markets in other fields. There are other institutions in the Catho- You don’t just leave school and have a job lic church to inculcate Catholics with the waiting for you. You have to find a job, dogma of faith, traditions of the faith. understand where you fit into a particular That’s not the university’s role in the same sector of employment, market yourself, way, and that’s not what Jesuits have done and recognize there’s a lot of competition in their universities. I don’t think people for what you want. Your education alone should be afraid of hearing the terms Jesuit isn’t the key—it’s education and then moti- and Catholic together, just like you would vation once you leave law school. not be afraid of hearing Texas and the US I urge students to “be not afraid,” to together and Massachusetts and the US charge forth, and I urge alums to be in together. You can still recognize that there touch about what we can do to help based is a difference between Texas and Mas- on what they’re experiencing in the world. sachusetts but that they’re still American.

suzi c amarata EBEL: How should we understand law —Interview excerpted by Vicki Sanders

www.bc.edu/lawalumni 11 Practicum PodiumBy Jeri Zeder v12 BC Law magazine | fall / winter 2011 The economic downturn is forcing law schools When Margaret S. Travers ’69 entered BC Law School as a to rethink how they’re student fresh out of Wellesley College, a career in litigation was preparing students for the the farthest thing from her mind. But in 1968 she helped to found the Boston College Legal Assistance Bureau (BC LAB). The experi- working world. Experiential ence reshaped her life. learning advocates are “Growing up in the South as a woman, I wasn’t used to speak- making the case that the ing in public, and I didn’t see litigation as a career track, but my time has come for hands-on experience with legal aid put me in the courtroom immediately and made the practice of law much more compelling than read- training to take its place ing appellate cases,” Travers says. She gave law review a try, but beside theory and practice dropped it in favor of toiling twenty hours a week for two years at in the academy. BC LAB for no academic credit. She took a clinical course in juvenile delinquency, in which she and a fellow student were assigned to represent a boy who was on a shoplifting binge following his mother’s death. “We developed a strategy of deferring decision- making among the multiple juvenile courts until he could grow out of it,” she recalls. “I discovered that the experience with representing clients had everything that was most fulfill- ing for me—intellectual and emotional challenges and the opportunity to help someone through difficult experiences.” Travers had found her professional calling. Decades later, she maintains a practice in family law litigation in the Boston firm Travers|Dombroski PC. What Travers didn’t know at the time is that she was a pioneer not only in clinical legal educa-

S ara h Hanson tion, but also in what educators call “experiential learning.” In the context of law school, that’s

www.bc.edu/lawalumni 13 a broad term for a range of hands-on practice experi- EXPERIENCE AS POWER ences offered to students for the purpose of teaching BC Law is not immune from these pressures. It’s evi- legal substance and skills. In addition to clinics, it dent in recruitment and hiring. “Just being smart is not encompasses internships; externships; legal research, enough,” says Maris Abbene, assistant dean for career services. “Students with work experience have a better writing and reasoning courses; classroom simulations; chance of getting the job than the students without past and similar approaches. It’s learning by doing. experience, even if their grades are a little bit lower.” It’s Experiential learning is a hot topic in legal education a selling point in admissions, too. “We make it clear that these days. Interest in the cultivation of practical legal law school isn’t just a strict, theoretical set of classes that skills as part of the law school curriculum is evident in you take,” says Rita Jones, assistant dean for admissions and financial aid. “It also includes getting in there and the publication of the Carnegie Foundation’s influen- doing the work of being a lawyer. When you plant that tial 2007 report, “Educating Lawyers: Preparation for seed, applicants see more possibilities.” the Profession of Law.” That report urges law schools BC Law’s new dean, Vincent Rougeau, has made to more fully incorporate experiential learning, espe- experiential learning a priority, and is working with the cially legal clinics, into their teaching of students. faculty on the pedagogical, administrative, and resource Change in that respect has been slow. However, with issues this kind of teaching raises. “One of the things we’re struggling with is balancing the cost of certain kinds the impact of the sluggish economy on law schools, law of training,” Rougeau says. “It certainly can’t all be done Kerr y B ur k e, MTS , C students, and legal employers, change might start com- in law school, but it can’t all be done in practice, either.” ing faster now. Corporate clients are no longer willing The power of experiential learning, Rougeau believes, to pay law firms high fees for the time of inexperienced is that it can help students find the opportunities they associates. Law firms are less willing to invest in train- seek and is an effective teaching tool that also blends in ing new graduates. And students, facing a tight job with the Jesuit, Catholic nature of a BC Law education. “We’re not just teaching material that people take tests market, want to graduate with the competitive edge of on. We’re helping people shape themselves for a role in practical training on their resumes. society,” he says. “We’re trying to create men and women Some students, however, are engaging in experien- of competence and conscience—competence at the level tial opportunities to acquire practice skills that have of excellence.” application to their long-term plans. “BC Law has Law schools that consider integrating more experi- provided me with the resources and opportunities ential learning into their curricula may find themselves revisiting basic questions about what they do, how they to pursue my interests and endeavors,” says Sameer do it, and why. What learning experiences are best? What Sheikh ’13. He’s pursuing internships toward a career is the right mix of learning experiences? How should in financial regulation, at the Insurance and Financial experiential and doctrinal learning support each other? Services Division of the Massachusetts Attorney Gen- What does it cost to have an effective experiential learn- eral’s Office, the Federal Trade Commission through ing program, and from where will the funding come? Should social justice be an integral goal of experiential BC Law’s Semester in Practice program, and the SEC’s learning? More philosophically: What should a legal edu- Enforcement Division. cation be? What kinds of lawyers should law schools be graduating? What should law schools be contributing to the legal profession? To justice?

“Clinical positions have NO EASY ANSWERS These issues and more were all on the table at a confer- become more regularized. ence hosted at BC Law in late October, when legal scholars and clinical law teachers from around the country The complication is that gathered for a symposium called “The Way to Carnegie: Practice, Practice, Practice: A Conversation about Peda- there is literally less gogy, Social Justice, and Cost in Experiential Legal Edu- cation.” Sponsored by the Third World Law Journal, and teaching and client work co-sponsored by the law firms Mintz, Levin and Sullivan and Worcester, the symposium provoked discussions that done the more that people revealed both the potential and the challenge of experiential legal education. are trying to write law One point that emerged early in the conference was how little anyone really knows about the effectiveness of reviews.”—BC Law Clinical Professor Paul Tremblay experiential legal education. At the same time that experiential learning is being hailed as a better way of doing things, there’s little data to either support or refute that

14 BC Law magazine | fall / wintER 2011 Professor Carol Liebman, notion. For that matter, learning helps to create public-spirited lawyers. But this above, of Columbia Law School, there’s little data shedding claim has not been quantified by research, either. Without was among the 140 attendees at light on the effectiveness data, it’s harder for law schools to decide on the best mix the symposium, “The Way to Carn- of any form of law teach- of experiential and podium teaching. egie: Practice, Practice, Practice,” keynoted by Larry Kramer, dean of ing, experiential or not. Anecdotally, though, the pedagogical case for expe- Stanford Law School, right. Panelist Rebecca Sandefur, riential learning is strong. Take this story, from Alan the American Bar Founda- Minuskin, associate clinical professor at BC LAB who tion’s senior research social scientist and assistant profes- specializes in housing cases. One of his students had a sor of sociology at the University of Illinois, reported that piece of information that wasn’t helpful to her client’s legal pedagogy is a largely unmined area of research. No case. The question was, must she tell the hearing exam- one has figured out how to compare and contrast the iner? Minuskin spent quite a while talking the problem various forms of experiential learning. No one knows through with her. “Once a student has gone through that if lawyers who were taught experientially in law school experience—I want to win the case, I really sympathize are really better at practice. Some claim that experiential with the client, this information is not going to help, it is

Learning by Doing •Specialized Legal Research Moot Court From moot court competitions to externships abroad •Courses •The Saul Leftkowitz IP Moot Court to civil and criminal clinics, BC Law’s experiential OBSERVATIONAL •The Philip C. Jessup learning options are wide and varied. •Judge and Community Courts International Moot Court •Judicial Process •The National Administrative and Environmental Law CLINICAL PROGRAMS •Semester in Practice: •Advanced Immigration Law: International Human Rights ADVOCACY PROGRAMS Moot Court INTERNAL programs: •The National Criminal Seminar and Clinic •Semester in Practice: Public • •Civil Litigation Clinic (BC LAB) Interest The Wendell F. Grimes Procedure Moot Court Moot Court Competition •The First Amendment Moot •Community Enterprise Clinic •Immigration & Asylum • (BC LAB) Project Externships The Negotiation Competition Court •The Client Counseling •Religious Freedom Moot •Criminal Justice Clinic •International Criminal •Housing Law Clinic (BC LAB) Tribunal: Theory and Practice Competition Court •The Mock Trial Competition •The Immigration Moot Court •Immigration & Asylum Clinic •London Program EXTERNAL Programs: •The National Mock Trial Team •Juvenile Rights Advocacy •Semester in Practice Project (JRAP) •The National Moot Court •The National Negotiation •JRAP II LAWYERING SKILLS •The Braxton Craven Moot Team PROGRAMS Court •The National Client EXTERNSHIPS AND STUDIES •Advanced Legal Research •The European Union Law Counseling Team ABROAD •Advanced Legal Writing Moot Court —JZ •Attorney General Program •Appellate Advocacy •The Frederick Douglass

www.bc.edu/lawalumni 15 learning programs are such good teaching tools, must they have a social justice angle? Is there a place today for clinics and other forms of experiential learning without obvious social justice connections? Conversely, is there a place elsewhere in the curriculum, apart from experiential learning, for students to grapple with large ethical ideas, like access to justice issues? Larry Kramer, dean of Stanford Law School and the symposium’s keynote speaker, said that his school holds pedagogy as the primary goal of experiential learning. Instead of “social justice,” Stanford uses what it considers to be the less ideological term, “public service,” to describe the secondary goal. Kramer says that this has allowed some right-leaning and neutral clinics to arise alongside those with more traditional agendas. Stanford does, however, stick to a model that doesn’t compete with the private sector, working with underserved communities only. As a law school guided by Jesuit, Catholic values, BC Law is generally more comfortable with the term “social justice.” Its clinics slant toward protecting the poor, the powerless, and the downtrodden. Their accomplishments are incremental and hard won. Recently, for example, the Immigration and Asylum Clinic represented a young Honduran man who, because of his sexual orientation, was a victim of violent harassment in his native country. While in immigration detention in the United States, he also suffered from discrimination. Students Gabriella Agranant-Getz ’13 and Anna Deal ’13, under the supervision of Visiting Professor Laura Murray Tjan, success- fully advocated for his release from detention. His asylum case is still pending. Professor Daniel Kanstroom, the clinic’s director, called their work “in the best traditions of our law school.”

YES, BUT THERE’S A COST One of the greatest challenges that experiential learning imposes on law schools is cost. Clinics, considered by many to be the gold standard of experiential teaching, Kerry Burke, MTS, BC depend on low student-faculty ratios and high overhead. Externships cost law schools hardly anything, but their teaching value can be variable. Hybrid clinic mod- BC Law faculty who intro- going to hurt us, there’s an els, where, for example, students work at a legal aid duced or moderated at the clini- ethics rule that maybe can office not affiliated with the law school under the close cal symposium were, clockwise be read as ambiguous, how supervision of a law school professor, are less expensive from top left, Alexis Anderson, Sharon Beckman, Alan Minuskin, do I navigate that?—and than in-house clinics but trade off important pedagogi- and Francine Sherman. it’s on her to figure that out, cal opportunities. Injecting simulations into podium she’s just jumped to another courses requires buy-in from the scholarly faculty that level of law practice,” he says. “And she’s much more teaches them. likely to use that experience when she’s observing what Which brings things to the question of the law school other people do at the big firm or government law office hierarchy. In general, compared to their clinical and or wherever.” experiential counterparts, non-clinical faculty who teach podium courses and publish frequently in law reviews THE SOCIAL JUSTICE FACTOR enjoy higher salaries, greater say in the governance of the The role of social justice in experiential learning is also law school, and benefits like tenure. To achieve similar under scrutiny. Symposium participants noted that in the status, clinical faculty are often required to teach large lec- late 1960s and early 1970s, when law school clinics first ture courses and get published—valuable activities, cer- popped up, social justice was often the higher goal, higher tainly, but they take time away from their labor-intensive than pedagogy. Clinics then became integrated into law clinic posts. “Slowly, clinical positions have become more school curricula as an appreciation for their teaching regularized among law school faculty,” says BC Law potential grew. At the same time, other forms of hands- Clinical Professor Paul Tremblay. “The ABA has a rule on learning were developed and offered. If experiential that the schools give the clinical faculty similar rights and

16 BC Law magazine | fall / winteR 2011 That means working to make the experiential program more comprehensive and cohesive—and better The Roads They’ve supported. “I think we have a rich program,” says Bloom, “but I think a couple of our in-house clini- Here is a sample of recent Traveled cal programs could be better funded. Instead of being student placements through BC Law’s Human funded on soft money, such as grants, they should be Rights Program alone. a regular part of the Law School budget.” The committee and its wider group of faculty advisors are in •The Asociación Civil por la Igualdad y la Justicia, an open-inquiry stage, but they are already identifying Buenos Aires common questions to explore. For example, to enrich •Centre of Investigation and Legal Assessment students’ understanding of lawyering, should other of Human Rights, Lima, Peru disciplines, such as social work, be integrated into expe- •International Criminal Tribunal for the former riential learning? And: How do you design a program Yugoslavia, The Hague that’s both solid and nimble? Sherman cites the work •International Legal Foundation, New York and Nepal of her colleague, Associate Professor E. Joan Blum, •Institute for Justice and Democracy, Haiti who teaches legal writing to court officers in Bosnia •UN High Commissioner for Refugees, Washington, DC and Herzegovina and serendipitously cultivated ways for BC Law students to assist judges there. In her own field, Sherman notes that there is an overlap between immigration and juvenile justice—areas where BC Law responsibilities. So, it’s basically a good thing overall. But is strong. “How can we come up with a flexible enough the complication is that there is literally less teaching and curriculum that we could capture that intersection as client work done the more that people are trying to write well?” she asks. law reviews.” BC Law has long been a pioneer in experiential learning. Today, the Law School boasts clinics in immigration law, civil litigation, criminal justice (defense and prosecu- “We have some of the most tion), homelessness litigation, and juvenile rights advocacy. Externships take students to the Attorney General’s well-established clinical Office, the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court at The programs in the country. Hague, and to London for a program that combines study with practice. We’re not newcomers Semester in Practice lets students explore and contribute to the work of courts and law offices in a variety of to this at all. In fact, we are sectors and fields. Two observational programs allow students to witness judges and courts. No fewer than pioneers. What we’re trying thirteen moot court competitions help students sharpen their advocacy skills. Legal Reasoning, Research, and to do now is take it to Writing is among the highest ranked courses of its kind in the country, and is supplemented by advanced legal the next level.” writing courses. Well over a third of all second- and third- —Juvenile Rights Advocacy Project Director Francine Sherman year students are enrolled in clinics or externships each year. In addition, annually about a quarter of the student body participates in student-run, not-for-credit pro bono programs and spring break trips that benefit immigra- As the Law School continues working to improve its tion programs, the Navaho Nation, the courts of New experiential learning program, Dean Rougeau would like Orleans, and various agencies in Boston. to see BC Law students find a path earlier in their law school careers, and then engage in experiential learning THE TASK AHEAD to acquire the skills they need. “Students would begin to Yet, despite this strong and varied set of opportunities, create narratives about themselves that seem thoughtful BC Law has identified experiential learning as a top prior- and provide pathways to what prospective employers ity. A committee, co-chaired by Professor Robert Bloom do,” he says. “That would be ideal, to make that process ’71 and Visiting Professor Francine Sherman, is gathering work better.” data and analysis for a report to the Strategic Planning He’d like, in other words, to see more students wind Committee. Of her committee’s work, Sherman, who up like Margaret Travers, and set the courses of their directs the Juvenile Rights Advocacy Project, says, “We careers on the foundation of experiential learning. have some of the most well-established clinical programs in the country. We’re not newcomers to this at all. In fact, Contributing writer Jeri Zeder’s last article for BC Law we are pioneers. What we’re trying to do now is take it to Magazine was on law student interns doing human rights the next level.” work abroad.

www.bc.edu/lawalumni 17 great cases

Tankful of Trouble Five alums from three firms beat back a prickly antitrust and consumer- protection action via the First Circuit in 2011. What did that have to do with the price of gas on Martha’s Vineyard? Everything. By Chad Konecky

alph Packer is an island boy who got rich off the rich. He’s a relic of the old Martha’s Vineyard, before the population swelled to six figures three months a year and US presidents sum- mered in Edgartown. A silver-haired octogenarian with a ruddy complexion rarely absent the shade of his trademark baseball cap, Packer is a polar- izing figure south of Cape Cod. The patriarch of five generations of Beach Street dwellers. A salt-encrusted icon. He designed and built the barge that controlled the mechanical shark during the 1974 filming of the movie Jaws in Vineyard waters. He is a bene- factor of the arts, served two decades as town water commissioner, supported the conservation society and lent a helping hand to the island’s youth sailing program. He’s also run afoul of the local steamship authority, Vineyard selectmen, the state fire marshal, and the EPA, among others. But despite accusations to the contrary, he is not a price-gouger. Packer leases, owns, and operates a highly profitable and vertically integrated business and property serving the Vineyard’s six towns. He is a retailer and wholesaler of gasoline, and runs a heating fuel deliveryR and HVAC business. He also controls marine fueling and barge-transport operations. In the context of the island’s market economy, Packer resides in the catbird seat. And when it comes to high profit margins from the sale of gas on Martha’s Vineyard, he is by no means alone. A filling station on the island grosses up to a dollar a gallon. Pretty much anywhere else in the country, retailer gross per gallon is less than a dime. Hence, the timeworn Vineyard proverb: Leave with the gas tank empty, return with the gas tank full. E verybody complains about the price of gas on the Vineyard at some point. So when a group of year-round and seasonal residents filed a lawsuit alleging four island gas stations conspired to fix prices and sold gasoline at unconscionably high prices during market emergencies, the cause of action flashed Orca-sized teeth in the court of public opinion. By chance, five Boston College Law alumni from three different firms represented the defen-

dants in William White et al. v. R.M. Packer Co., Inc., et al. fran c es o bongiorni

18 BC Law magazine | fall / winter 2011 www.bc.edu/lawalumni 19 great cases

artner Brian O’Connell ’87 and attorney Bill high prices and make large profits] on Martha’s Vineyard.” Fidurko ’94 of Zizik Powers in Westwood How so? A trio of factors. represented island wholesaler/retailer Drake First, new competitors’ entry into the market is stonewalled by Petroleum. Peabody & Arnold partner Kevin a regulatory barrier: the Martha’s Vineyard Commission, which Cain ’87 served as attorney for the Vineyard’s hasn’t approved a petition to open a new gas station in almost two Mobil stations, owed by Depot Corner, Inc. 15 years. Secondly, consumers’ demand for gas remains constant, Cooley Manion Jones partners Patrick T. Jones but the supply is limited to nine island stations. Islanders can’t ’78 and Richard Paterniti ’99 represented the stay out of the market until prices drop, and driving farther away R.M. Packer Co. “I think the other side had a to get cheaper gas is infeasible. Lastly, there’s transparency. The bunch of guys from Harvard—only kidding,” market’s few competitors can easily monitor and respond to each quips O’Connell, a Cain classmate. other’s prices. If one station drops prices in order to attract more The legal battle kicked off in 2007, when plaintiffs’ lawyers business, competitors can match the price before most consumers brought suitP in state Superior Court under the Massachusetts respond to the incentive, which results in all stations suffering a Antitrust Act (MAA), which prohibits conspiracy or agreement decrease in profit margin. to fix prices, thereby keeping a market anti-competitive. A second The retail gasoline market on Martha’s Vineyard is oligopolis- count alleged that the defendants violated a state consumer- tic. The gas sellers there share monopoly power. It’s not implau- protection regulation under Mass. Gen. Laws, which makes it sible to suggest that each producer has decided independently to illegal to sell gasoline at unconscionably high prices during market try to maximize profits by matching the price leader and trusting emergencies, specifically in this case, the aftermath of Hurricanes no rival will undercut them—the ol’ rising tide lifts all boats Katrina and Rita in 2005. approach. Defendants removed the case from Dukes County Superior “The plaintiffs did have a case in so far as prices were high and Court to Federal District Court in 2007 at which point plaintiffs were identical and there were big profit margins,” says Fidurko of filed an amended complaint, substituting Section 1 Sherman Anti- Zizik Powers. “But the deposition testimony was: They literally trust Act price-fixing allegations for their original MAA claim. set prices by looking out their window. One station actually had a And so began argumentation that at last lifted the veil from the quirky, provincial, long-lamented, and oft-despised petroleum gas market on Martha’s Vineyard.

A SELLER’S SOUL Selling everything on the Vineyard is unlike selling anything on the mainland. O’Connell succinctly synopsizes: “There’s a bunch of water around a rock and there’s a limited number of places that people can go.” Economic realities born of that geography became the core of defendants’ argument against the price-fixing claim. Section 1 of Sherman does not require sellers to compete. Its statutory reach only extends to agreements or conspiracies not to compete. Then again, the average price charged by the four defendants from 2003 to 2008 exceeded prices on the Cape Cod mainland—just six miles away—by 56 cents per gallon. Circum- stantially, a disparity so substantive and protracted could suggest collusion amongst island retailers to maintain high gas prices. The burden, however, falls upon plaintiffs to produce evidence that is not only consistent with conspiracy, but “tends to exclude the possibility of independent action.” In other words, to win a price-fixing claim, plaintiffs must prove defendants would not behave as such by “chance, coincidence, independent responses to common stimuli, or mere interdependence” absent some pre- arrangement. Because certain market systems are prone to fostering supracompetitive prices—fees higher than those charged for the same product in another market that rewards competition—parallel pricing among competitors can result from either legal independent decisions about pricing (driven by shared economic interests), or an unlawful agreement to fix prices. “Our clients didn’t do anything illegally,” explains O’Connell. “Why? Because they didn’t have to do anything illegal [to charge

20 BC Law magazine | fall / wintER 2011 guy whose job it was to drive around town and find out what the prices [being charged] are each day. That’s how you market gas there. It doesn’t require any explicit agreement. It’s interdepen- “The plaintiffs did have dent, but it’s not collusion.” Oligopoly notwithstanding, plaintiffs’ counsel didn’t exactly a case in so far as prices throw in the towel. Just because abnormally high prices can be the result of law- were high and were ful “conscious parallelism” in pricing, that didn’t mean the defendants weren’t part of an unlawful agreement to fix prices. What’s more, under antitrust doctrine, evidence pointing toward a identical and there were conspiracy need not be direct. Courts will permit reasonable infer- ences from ambiguous evidence, known as “plus factors,” which big profit margins.” can serve as proxies for direct evidence. —Bill Fidurko ’94 In an attempt to delineate uniform behavior by defendants that, in context, suggested each competitor failed to make independent decisions in setting prices, plaintiffs produced nine plus both [illegal] cooperative and (legal) non-cooperative pricing factors. Many were based on an expert report featuring an eco- behavior.” nomic analysis of plaintiffs’ claims. The report, prepared by BC “It’s somewhat rare in a complex commercial case that defen- Professor of Economics Frank Gollop, ultimately played a key role dants can agree with so much [of plaintiffs’ argument],” recalls in the court’s ruling on price-fixing. And only the tactical savvy of O’Connell. “[Bill Fidurko] and I would be working on our appel- defense counsel made that possible. late brief, and a lot of our argument was: ‘Yeah, so?’ That was “What all four of us can all tell you from experience is, if a helpful on the price-fixing issue. The appeals court confirmed plaintiff comes up with an expert’s report in a commercial case, plaintiffs’ own expert did no more than in part support the defen- the court is going to find some issue of fact [in dispute] that’s dants’ claim: In a price-fixing case, a tie goes to the defendant. going to preclude summary judgment,” explains O’Connell. “In Their own expert said it’s just as likely to be supracompetitive this case, plaintiffs produced an expert report that we didn’t think parallel pricing as it is to be an agreement to fix.” [hurt us]. There was some talk about moving to exclude it, but we ultimately decided to allow it, hit it head on, and remove the our- expert vs. your-expert dynamic. DISHING DIRT “In fairness to professor Gollop, plaintiffs sought to avoid Still, plaintiffs’ counsel didn’t put all their eggs in the micro- economic and geographic facts specific to the case, which, as an economics basket. Argumentation included plenty of the juicy expert, he was compelled to point out,” he adds. intrigue that any good Vineyard saga demands. Based on analysis of pricing patterns during three windows Plaintiffs identified defendants’ apparent motive to conspire to in 2004 and 2005, plaintiffs claimed that because defendants earn high profits as a plus factor. The court, citing existing case held prices steady or raised them while the wholesale cost of gas law, noted that evidence of a “plausible reason to conspire” does declined, such conduct suggested a conspiracy. The logic being, not create a triable issue to determine whether a conspiracy exists. absent an agreement, a seller would be motivated to undercut “I found it interesting that plaintiffs sued only four of nine gas rivals whenever wholesale cost dropped in order to siphon busi- stations on the Vineyard,” adds O’Connell. “Facially, it didn’t ness from competitors. make any sense. As a practical matter, it’s awfully tough to have On appeal, the First Circuit affirmed that because defendants’ a conspiracy with less than 50 percent of the entities involved.” pricing was stable dating as far back as 1999, no sudden shift in Another plus factor claimed that by once hiring a lobbyist to pricing patterns existed as evidence of the start of any conspiracy. dissuade the Vineyard Commission from approving a petition for [The federal district court granted defendants’ motion for sum- a new gas station, Drake Petroleum demonstrated it was “willing mary judgment in January 2010 and, imposing the Sherman Act’s to act secretly to influence gas prices.” The court brushed aside the four-year statute of limitations, restricted plaintiffs’ price-fixing claim as a “legitimate exercise of [Drake’s] right to petition.” claim to violations occurring since August 2003]. A further claim that O’Connell tags as the case’s red herring The court slapped aside three other plus factors as inconclusive. involved a $2 million loan made at a below-market interest rate Plaintiffs argued that a) the island gas market’s insulation (due to from wholesaler/retailer Drake to Peabody partner Kevin Cain’s the Vineyard Commission’s gate-keeping function), b) consumers’ client, a Mobil retailer. unfluctuating demand for gasoline, and c) the four defendants’ Plaintiffs argued the loan gave Cain’s client, Depot Corner, stable share of the market together indicated that the accused had “motive to do Drake’s bidding regarding keeping up gas prices.” effectively eliminated competition amongst themselves. But the Defendants countered by pointing out the legitimate business court of appeals called those economic conditions “hallmarks” of rationale for the loan: Drake wished to remain the wholesale sup- a market conducive to lawful conscious parallelism in pricing. The plier to two of the island’s nine stations. district court beforehand even went so far as to quote the plain- “The loan was part of deal to supply [the Depot],” explains tiffs’ expert in refuting the market-share argument, citing Gollop’s Cain. “If the Depot goes to another supplier, that hurts Drake. Of

fran c es o bongiorni assertion that “nearly constant market shares are consistent with (continued on page 43)

www.bc.edu/lawalumni 21 [ G l o bal E n g a g ement ] Where BC Law’s commitments to justice and international law converge

A Whole New World

By Professors Frank Garcia and David Wirth

aw students have learned to expect the unexpected on the first day of L any class. Even so, on the first day of International Trade Law, the usual quiet buzz of cautious curiosity drops into a confused silence as students, expecting a course on the traditional matters of trade law—tariffs, quotas, and administrative formalities concerning goods crossing borders, for example—confront a list of a dozen or so scenarios and are asked what the items have in common. These include: • the Mexican environmental permitting process for establishing manufacturing plants; • US laws protecting sea turtles by requiring shrimpers to use nets with turtle excluder devices; • the use of child labor to produce footwear and other products in India and Pakistan; • high levels of hormones used to fatten US beef; • a Massachusetts state law promoting human rights by banning public contracts with Southeast Asian states run by dictators; • access to HIV/AIDS pharmaceuticals in sub-Saharan Africa. The answer, seldom guessed, is that these are all now international trade issues—trade law, once confined largely to customs and border matters, has bur- geoned into a global specialty whose scope includes everything from, say, the environmental impact of a manufacturing plant that’s polluting the Amazon River, to for more see “Baby Talk” p. 9, human rights and labor abuses in develop- >>> ing countries, to cultural and political dis- Joan Blum profile p. 33. parities among trading nations. The trade law of today is no longer only about goods

mi ch elle t h om p son and their handling, it’s also concerned

22 BC Law magazine | fall / winter 2011 with the people who make the goods and to empower women entrepreneurs our global where and how products are made. It has throughout the developing world, as network also grown to encompass such areas as part of the BC/Kings College London intellectual property, cross-border servic- Program (Erica Brody ’11); es (banking and insurance, for example), Judging War Crimes in and the treatment of foreign investment. appeared before the Inter-American a Bosnian Tribunal In a sense, this phenomenon is also the Human Rights Commission on the Hearing testimony on war crimes is not impetus behind this new column, “Global matter of the human rights of unpar- what Elizabeth M. Fahey ’77 customarily Engagement: Where BC Law’s Commit- ented children and international adop- does as Associate Justice of the Massa- ments to Justice and International Law tion policies in the Americas (Professor chusetts Superior Court. Yet, that was her Converge.” It will highlight the depth Paulo Barrozo); yearlong job in the War Crimes Chamber of and breadth of involvement among BC the Court of Bosnia and Herzegovina in the Law faculty, students, and alumni with been named a Carnegie Foundation 1990s. Fahey lectured at BC Law recently about disparities in procedures and judicial the worldwide issues and challenges that scholar for comparative work on authority. Courtrooms crowded with defen- have come to characterize law today in a criminal law reform within the Muslim dants and sealed dissents were among the globalizing environment. world (Professor Intisar Rabb); eye-opening differences from US practice, At a recent meeting of the international she said. and comparative faculty, we summa- briefed students on the Asian business rized our activities for the benefit of the market and offered tips on how to new dean. It became clear as we went network globally, based on his experi- Professor Tackles Developing Nations’ around the room that BC Law faculty are ence as in-house corporate attorney Tax Challenges involved in global issues on a scale none for IBM in the ASEAN (Association When the OECD launched its 2010 initia- of us had realized—and we see each other of Southeast Asian Nations) regional tive on developing-country tax policy, it every week. group out of Singapore (James Bitanga turned to long-time advisor Professor Hugh The same is true of our students and ’06); Ault. The Task Force on Tax and Develop- alumni, as this author (Garcia), while ment promotes education and cooperation directing BC’s program at King’s Col- begun working with the judges of the among international entities to create a more transparent tax environment. See lege London, discovered over a recent War Crimes section of the Court of more on Ault’s work at www.oecd.org; coffee with John Montgomery ’75 near Bosnia and Herzegovina and their search for OECD Informal Task Force on Tax Lincoln’s Inn at the heart of legal London. legal clerks to improve the quality of and Development. Montgomery was in London to con- the reasoning and writing in their deci- fer with thirty other managing partners sions (Professor Joan Blum); who meet biannually to talk about the The Global Financial Crisis challenges of steering the world’s major created an innovative, inter-disciplin- At a recent International Law Society event, law firms through globalization. Each ary program devoted to researching Professor Brian Quinn said the history of faculty member has a similar story to tell the psycho-social effects of deporta- US and other financial crises suggests that of discovering or facilitating the global tion on families and children in the US sound regulation has a demonstrable effect engagement of students and alums. Com- and Latin America, while legally repre- in lessening the frequency and severity of paring notes and sharing anecdotes at that senting people who have been wrongly financial meltdowns, if only regulators can faculty meeting, we realized anew that the deported (Professor Dan Kanstroom); retain the lessons of the past beyond one BC Law community is doing tremendous or two generations. For more, see Quinn’s article, “The Failure of Private Ordering work around the world, and that it is established a relationship with China’s and the Financial Crisis of 2008,” at http:// worth telling that story. Renmin University School of Law, lawdigitalcommons.bc.edu/lsfp/241/. The subtitle of our feature defines the enabling BC Law to conduct classes character of our efforts. We share an abid- online with students there and to bring ing commitment to social justice and the representatives here for an “Insights Aussie Speaks at Roundtable responsibility all lawyers bear towards the into US Law” program (Professor The new Roundtable on Globalization and common good across the social and busi- Judy McMorrow). Law, part of BC Law’s ongoing commitment ness spectrum. Just to give you an idea, to global legal issues, kicked off in No- over the past few years members of the BC As Professor Hugh Ault once put it, vember with a presentation by Australian Law community have: “Together we share a concern for the Ross Buckley, an expert on global financial human side of globalization.” What we regulation and advisor to the European started an NGO in Macedonia sup- learned at that meeting, and what we Parliament. porting young women’s elementary hope to communicate in the coming education (Michelle Limaj ’07); months, is just how far-reaching that commitment is. for enhanced and related co-written the new Romanian Con- content online, visit stitution (Professor Vlad Perju); Professor Frank Garcia coordinates the new Roundtable on Law and Globaliza- www.bc.edu/ worked alongside Cherie Blair at the tion and Professor David Wirth is direc- globalengagement Cherie Blair Foundation for Women tor of BC’s International Law Program.

www.bc.edu/lawalumni 23 [ E s q uire ] alumni news & class notes

The Alumni Board acknowledged some transitions at its October meeting, including the election of new officers, replacement of some board members, and the introduction of new staff in advancement, Lindsay Allen as Associate Director of Annual Giving and Michael Hollis as Assistant Director of Classes and Reunions. suzi c amarata

Alumni Elect New Slate of Officers

George Field Becomes Fourth President of Restructured Association

he Alumni Association held its ing, outgoing president Martin Ebel heard Law School Fund at various events. Ebel annual Alumni Assembly in Octo- reports from members in their areas of thanked Bronzo for his years of service. T ber with a day of activities that responsibility. Bronzo was rotating off the board at the included meeting Dean Vincent Rougeau Brigida Benitez ’93 (admissions) talked end of the calendar year and Joseph Vanek and elections at which George Field ’78 of expanding law firm-sponsored admit- ’87 was tapped to succeed him. became the restructured Alumni Board’s ted applicant receptions across the country In his report on reunions and classes, fourth president. Also elected were pres- and of the establishment on the admissions Curtin provided data on successes with ident-elect Christopher Dillon ’98, vice section of the BC Law website of a list of the class gift program and the impressive president Barbara Cusumano ’08, sec- alumni volunteers willing to talk to pro- growth in giving and participation, includ- retary Kevin Curtin ’88, and treasurer spective students. ing the setting of a number of records, Thomas Burton ’96. John Bronzo ’74 (annual giving) dis- since the inception of a major reunion At the Alumni Board’s business meet- cussed strategic efforts to promote the effort several years ago. Curtin also wel-

24 BC Law magazine | fall / wintER 2011 BOOKSHELF comed Margie Palladino ’85, who will be completing the term of Jill Nexon Berman ’78. Mark Warner ’89 (alumni programs) said Law Day remains the association’s signature event but that days of service, chapter events, and other initiatives have drawn alumni closer to BC Law and expanded their network. He gave the example of a party at the BC Club for law and business students. Elaine Ven- tola ’94 (student programs) said she’d developed a survey of student organiza- MAY I APPROACH THE BENCH? The True juror in this case? Could I leave my preju- tions to better understand their relation- Tales of a Trial Lawyer (Antoca, Hartford, dices behind?” ships with alumni and is planning an Vermont, 2011) by John F. Murphy ’67 Learn more at http://www.margaret event for alumni and student leaders. “We’re always handling someone else’s mclean.com. Rosemary Daly ’87, BC Law’s head problems, trying to put the pieces back of advocacy programs, stood in for the together,” writes Murphy, a Hartford, Things That Might Annoy. . . A Yankee Hon. Lynda Connolly ’74, reporting Connecticut, trial lawyer with 40 years’ Fan (United Book Press, 2011) by Paul that some 460 students participate. She experience. In sixty-nine vivid vignettes, Nardizzi and Dave Barend ’93, illustra- noted that the program has 380 slots for he captures problems banal (bad dental tions by Mark Poutenis Where would Red alumni volunteers and that improved work), poignant (infanticide), and down- Sox Nation be without its defining loath- outreach has helped to recruit them. right bizarre, as in the case of the client ing of Yankeedom? Stand-up comic and Ingrid Schroffner ’95 said her job is to who accidentally shoots himself in the attorney Dave Barend has teamed up with increase, foster, and improve connec- crotch with a .38, and after the gun is Boston comedian Nardizzi and illustra- tions among affinity groups. Among her confiscated, asks Murphy, “Now what am tor Poutenis to “bring back the hate” to success stories were last spring’s affinity I going to do for protection?” Part social one of baseball’s most storied rivalries in event, the largest ever held, and Wilmer tragi-comedy, part insider playbook— this handbook of cutting comebacks and Hale’s continuing sponsorship of Diver- “always wear a tie in court,” Murphy puerile pranks. “An entertaining read for sity Month. tells his clients, and “avoid accountants any sports fan, even a Yankee fan,” says Earl Adams Jr. ’02 said he is reinsti- and secretaries as jurors”—this parade Tom Caron, NESN Red Sox studio host. tuting a planning committee to help BC of clairvoyant jurors, snoring judges, and “Well, maybe a Yankee fan with a sense Law’s communications director maxi- clueless clients is a reminder that on the of humor,” he concedes. Find it at http:// mize social media to reach alumni and stage of the courtroom, reality trumps thingsthatmightannoy.com/about_the_ hopes to make the case for expanded fiction every day. Find it at http://www. book/things-that-might-annoy-cover. funding for marketing and communica- borders.com.au/book/may-i-approach-the- tions in order to improve engagement bench/24695130/. ALSO NEW AND NOTEWORTHY with, for example, alumni of color. John F. Dobbyn ’65 has penned Black Dia- Burton (career services) reported that UNDER FIRE (Forge, 2011) by Margaret mond (Oceanview Publishing, 2011), the a pilot mentoring program had met with McLean ’91 Racial tensions, religious preju- third in a series of novels involving lawyers positive results and that an “alumni dice, and rapacious development schemes Michael Knight and Lex Devlin, this one a shadow day” was also popular and will drive the action in former prosecutor Mar- lightning-paced legal thriller set against the be expanded. Steve Riden ’99 was select- garet McLean’s first novel, a courtroom backdrop of the high-stakes horse racing ed to succeed Burton when he stepped drama praised by Booklist as “a compelling world…. Visualizing Law in the Age of the into his role as treasurer. legal thriller.” Digital Baroque: Arabesques and Entangle- Assistant Dean for Alumni Relations When a Boston firefighter is shot and ments (Routledge, 2011) by Richard Sher- Christine Kelly reported for Patricia killed while rescuing a Senegalese Muslim win ’81 explores the impact of visual digital Rocha ’82, who is filling out the term immigrant and her son from their burning technologies on the practice and theory of of David Delaney ’03 (alumni chapters). store, the woman is arrested for arson and law…. In Cybertraps for the Young (NTI There are now thirteen chapters and murder. Her defense team, veteran defend- Upstream, 2011), Frederick S. Lane ’88 energy is focused on growing their pro- er Buddy Clancy and his niece Sarah Lynch, collects news reports and legal cases into grams and continuing Delaney’s efforts encounter violence inside and outside the a serious examination of the legal and to streamline coordination among them. courtroom as powerful interests, includ- criminal penalties children can face because In accepting the mantle of president ing the governor and casino developers, of reckless online activity….John Henry from Ebel, Field said that among his threaten their client. “Jack” Brebbia ’56 has published his first goals is assessing the now four-year-old By using multiple points of view to tell novel, APO 123, based on his experiences board structure to see if it can be made her story—including those of the defen- as an Army prosecutor in France during even better and to continue to engage dant, jurors, and lawyers on both sides— the Cold War. It’s been described as a past members in the future life of the McLean hopes to make people think for M*A*S*H for lawyers. Law School. themselves and ask, “What would I do as a —Jane Whitehead

www.bc.edu/lawalumni 25 reu[ Ensi qon u i r2011e ]

The Party Never Stopped Reunion Weekend October 21 was a hit, drawing 2006) played an important role in generating cash nearly 450 alumni, guests, and faculty to events gifts and pledges approaching nearly $1 million. held in Newton and Boston. As always, the big- “Thank you to all of reunion alumni who gest splash was the Saturday party at the Ritz participated in this year’s reunion campaign, and (pictured above). especially to those who served on their reunion The Reunion Gift Campaign ended with the committees,” said Mike Hollis, assistant director of Class of 1961 having the highest participation lev- classes and reunions. “Your efforts really built a el, at 38 percent, while the Class of 1971 raised the high level of excitement for this special weekend.” most total dollars. Overall, every class (1961, 1966, To view additional photos from the weekend, 1971, 1976, 1981, 1986, 1991, 1996, 2001, and visit www.bc.edu/lawreunion2011.

26 BC Law magazine | fall / winter 2011 [ s q uire ] E Powering Pro Bono A trio of alumni were recognized New Priorities for BC Law in 2011 for their public service. Leo V. Boyle ’71 overseers also updated on employment, admissions found himself on the cover of Super Lawyers Magazine’s 2011 New England n his first meeting with the BC Law that the book’s purpose is to change the edition, which applauded him in particu- Board of Overseers since becoming prevailing norm of personal responsibility lar for his work on behalf of 9/11 victims. Ithe Law School’s tenth dean in July, to one of shared responsibility. As the then-president of the Association Vincent Rougeau outlined four priorities • A preliminary report by consultants of Trial Lawyers of America (now the for dealing with the changing paradigm from Marts & Lundy, the firm retained by American Association for Justice), Boyle in the way law is taught and practiced: 1) Boston College to assess and benchmark leapt into action to lobby Congress for the excellence of, access to, and afford- the Law School’s advancement operations. what became the September 11th Victim ability of BC Law; 2) experiential learning; The consultants reported finding a strong Compensation Fund, which provided re- 3) global engagement; and 4) social justice identification with the Law School among lief to the families of those who died in and the common good. alumni who were interviewed, and a deep the terrorist attack. He also established He said reducing class size is central commitment to BC Law’s success. Analy- Trial Lawyers Care, comprising some to achieving the first goal as are increased sis of data from a peer set of top schools 1,700 association members, who offered interdisciplinary programs with BC’s other reflects that there is a significant opportu- their services to victims for free. Boyle is treasurer of Meehan, Boyle, Black, and schools, stronger efforts to recruit a more nity to convert this sense of attachment to Bagdonow. diverse student body, and expanded fund- the school into increased alumni engage- raising efforts. ment and philanthropic support. Experiential learning is attracting more • An update on career services by Assis- Susan M. Finegan ’91 student and employer interest. In response, tant Dean Maris Abbene included findings received the Curtin Center for Public In- Rougeau told the overseers, he’s begun that public sector hiring has increased in terest Pro Bono Service Award at the an- conversations with faculty—and alumni— the wake of the recession and that clerk- nual Curtin Center for the Public Interest about how to teach students more practice- ship placements have also gone well. She reception in September for her extensive ready skills (see story Page 12). Similarly, noted that the employment rate nation- work with victims of domestic violence the realities of the global economy are ally for new graduates in 2007 was 91.9 and sexual assault. “I feel very fortunate requiring that students be prepared to percent, but that it fell to 87.6 percent in to have attended BC Law, with its strong work internationally, and Rougeau cited 2010. She said the rate for BC Law gradu- Jesuit tradition of social justice,” said Fin- the London Program as a successful model ates for the classes of 2009 and 2010 were egan, a member of the litigation practice and chair of the Pro Bono Committee of of initiatives to come. (See also Page 22 for higher than the US News & World Report Mintz, Levin, Cohn, Ferris, Glovsky and a new magazine section created in response national average in both years. Abbene Popeo. “My pro bono work began when to the global engagement priority.) The also pointed out that BC Law supports I was in law school, and I’ve continued to dean further affirmed the Law School’s some graduates with judicial and clinical do it ever since. It was a such an honor commitment to social justice, adding that a fellowships, PILF stipends, and graduate to win this award.” The Curtin award is culture must be created here that says that research assistantships. given each year in honor of John J. and public service is important. • A summary of admissions data from Mary Daly Curtin, founders of the Curtin Other topics addressed at the October Assistant Dean Rita Jones. She said appli- Center at BC Law. 22 meeting, presided over by David Dono- cations were down nationwide this year, hue ’71 because chairman David Weinstein including at BC Law, which drew approxi- ’75 was unable to attend, included: mately 5,600. She cited economic concerns Mary K. Ryan ’77 • A presentation by Professor Kent and employment prospects as causes of a was given the Boston Bar Association’s Greenfield on his new book, The Myth of declining applicant pool nationally, and Thurgood Marshall Award in October Choice, which is about the limitations on pointed out that the number of LSAT test for her passionate advocacy for making peoples’ ability to make decisions and how takers alone in June 2011 was down 25 courts and the legal system accessible to those constraints affect human behavior. percent. Jones also said greater financial poor people. In announcing the award, By focusing on the personal responsibility aid incentives will be needed for BC Law to BBA President Lisa C. Goodheart said, of the last actor in a chain of events, we stay competitive for the smaller cohort of “Mary Ryan has been actively engaged tend to exonerate previous actors of shared prized applicants. in a series of major initiatives to address the challenge of unrepresented litigants responsibility, Greenfield said, explaining —Vicki Sanders and increase the private bar’s delivery of pro bono legal services.” A litigation Plenty of Puck partner at Nutter McClennen and Fish, Ryan was similarly honored by BC Law “I think I have a leg up on my law student colleagues because I get to come out here at Law Day in April with the St. Thomas and exorcise the demons, throw some bodies into the walls.” —Caitlin Cahow ’13, on being More Award. a member of the Boston Blades, the only semi-pro women’s hockey team in America suzi c amarata

www.bc.edu/lawalumni 27

CH ARLES GAUT H IER

BC Law Generations r Husband and wife

John P. Davey ’55 and Ellen Craig Davey ’54

28 BC Law magazine | fall / winter 2011 [ E s q uire ] Class Notes

Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news health care field by the Visiting Stewart, Tilghman, Fox, Bianchi Joanne E. Caruso ’85 chaired and photos. Send submissions to Nurse Association of Boston at & Cain PA in Miami, FL. a J. Paul Getty Museum event BC Law Magazine, 885 Centre the association’s 125th Heroes in featuring the exhibit “Paris: Life St., Newton, MA 02459-1163, or Health Care Gala in October. Kevin W. Donnelly ’79 is senior and Luxury” at the Getty Center email to [email protected]. vice president of Nortek, Inc., in in Los Angeles, CA, in April. James E. Harvey Jr. ’77 is editor- Providence, RI. He was previ- She is a partner in the Los An- REUNION in-chief of the sixth edition of ously with Exxon Corporation geles, CA, office of Baker & 1960s [ ’62 & ’67 ] Traps for the Unwary, an award- and the Yankee Companies. Hostetler LLP. winning book on legal malprac- John F. Dobbyn ’65 is the author tice and ethics hazards for civil Lauren Stiller Rikleen ’79, found- Michael J. Catalfimo ’85 was a of Black Diamond, a Boston- practitioners published by the ing member of the Council for featured speaker on the topic based legal thriller published by Young Lawyers Division of the Women of Boston College, co- of foreclosure ethics at the 9th Oceanview Publishing in Octo- Massachusetts Bar Association. chaired “Continuing the Journey: Annual Leadership Conference of ber. He is a professor at Villa- He is the managing partner of The How-To’s of Career Re-entry the American Legal and Finan- nova University School of Law in O’Malley & Harvey LLP in and Transition,” a session of the cial Network in Bonita Springs, Villanova, PA, and lives with his Boston. council’s Continuing the Journey FL. He is a managing partner wife, Lois, in Valley Forge, PA. program for alumnae. at Carter, Conboy, Case, Black- Gary A. Rosenberg ’77 is counsel more, Maloney & Laird PC in in the Boston office of Verrill REUNION Albany, NY, and concentrates his John G. Gill Jr. ’66 retired as 1980s [ ’82 & ’87 ] founding partner of Gill Sippel Dana LLP where he represents practice in the areas of creditors’ & Gallagher in Rockville, MD, health care clients on a wide rights, business and property Deborah J. Goddard ’81 was and from the adjunct faculty variety of corporate and regula- law, family law, and general civil recently appointed to the Board of Columbus School of Law at tory issues. He was previously a litigation. of Directors of New England Catholic University of America in partner at Boston-based Behar & Women in Real Estate. She is Washington, DC. Kalman LLP. Tracy A. Miner ’85 was elected chief counsel for the Massachu- to the Board of Directors of the setts Department of Housing and James A. Champy ’68 is vice Mary K. Ryan ’77 is the 2011 National Association of Criminal Community Development. chairman at Stryve Advisors in recipient of the Thurgood Mar- Defense Lawyers and serves on Houston, TX. He is a member of shall Award presented by the the association’s White Collar Richard K. Sherwin ’81 is the the MIT Corporation, the Massa- Boston Bar Association. She is a Committee. She is a litigation author of Visualizing Law in chusetts Institute of Technology’s litigation partner and a member partner in the Boston office the Age of the Digital Baroque: Board of Trustees, the Board of of the land use practice group at of Mintz, Levin, Cohn, Ferris, Arabesques and Entanglements Directors of Analog Devices, and Nutter, McClennen & Fish LLP Glovsky & Popeo PC. published by Routledge in June. BC Law’s Board of Overseers. in Boston. He is a professor and the director Robert P. Coyne ’86 is a partner of the Visual Persuasion Project REUNION Robert M. Steeg ’78 was appoint- in the Denver, CO, office of 1970s [ ’72 & ’77 ] ed by Mayor Mitch Landrieu to at New York Law School in New Peck, Shaffer & Williams LLP. the City of New Orleans Board York, NY. He previously practiced public Richard P. Campbell ’74 was of Zoning Adjustments. He is a finance law for more than a John A. Tarantino ’81 was named appointed by Governor Deval commercial real estate law at- decade in Colorado and earlier in Commercial Litigation Lawyer Patrick to a five-year term as a torney and the managing partner New York, NY. of the Year–USA for 2011 by member of the Board of Trustees at Steeg Law Firm LLC in New Finance Monthly magazine. He of the University of Massachu- Orleans, LA. Mary T. Marshall ’86 is a partner is a partner at Adler, Pollock & setts. The founding partner of in the real estate and finance Sheehan PC in Providence, RI. Campbell, Campbell, Edwards & Alan G. Philibosian ’78 was re- department and a member of the Conroy PC in Boston and presi- elected to the Board of Directors land use, permitting, and devel- William P. Gelnaw Jr. ’84 was dent of the Massachusetts Bar of Mack-Cali Realty Corporation opment practice group at Nut- elected to the Board of Directors Association, he was featured in in Edison, NJ, and also serves ter McClennen & Fish LLP in of Associated Industries of Mas- an article, “Making an Impact in as compensation chairman and Boston. She focuses her practice sachusetts. A co-managing part- the Courtroom and Out,” by Bill is a member of the Nominating on zoning, land use, and environ- ner at Boston-based Choate, Hall Archambeault in the September and Corporate Governance mental law. & Stewart LLP, he is active in issue of Massachusetts Lawyers Committee. civic affairs and is a member of Journal. Mathew S. Rosengart ’87 is a David W. Bianchi ’79 was elected the Commercial Club of Boston, partner in the Los Angeles, CA, the Massachusetts High Technol- John F. Kerry ’76, US Senator for chairman of the Board of Direc- office of Greenberg Traurig LLP ogy Council, and the BC Law Massachusetts, was honored as tors of GnuBIO, Inc., in Cam- and focuses his practice on com- Business Advisory Council. a leader in the public policy and bridge, MA. He is a partner at mercial, media and entertain-

www.bc.edu/lawalumni 29 [ E s q uire ] ment, and white collar defense phasis on financial institution, in the litigation department and REUNION litigation. ’92 & ’97 regulatory enforcement, defama- an elected member of the firm’s 1990s [ ] tion, and lender liability mat- Management Committee. Rita A. Sheffey ’87, recipient of ters. He previously served as an the 2011 Kathleen Kessler Award Susan M. Finegan ’91 is the 2011 assistant district attorney in the David A. Charapp ’97 is a partner presented by the Georgia Asso- recipient of the Curtin Center for Appeals Unit of the Philadelphia and a member of the corporate ciation for Women Lawyers, was Public Interest Pro Bono Service District Attorney’s Office. practice group in the San Diego, elected president of the Atlanta Award at BC Law. She is a part- CA, office of Duane Morris LLP. Bar Association in May, and was ner and chair of the Pro Bono Franz T. Litz ’94 is the executive He was previously special coun- featured in an Atlanta Journal- Committee in the Boston office director of the Energy and Cli- sel and chair of the life sciences Constitution “Up Close” business of Mintz, Levin, Cohn, Ferris, mate Center at Pace Law School collaborations and licensing profile in July. She is a partner Glovsky & Popeo PC. in White Plains, NY. He recently practice at Foley & Lardner LLP in the litigation and intellectual co-authored “Old Roads to a in San Diego. property practice at Hunton & Margaret McLean ’91 is the au- New Destination” published Williams LLP in Atlanta, GA. thor of Under Fire, a legal thriller in the Environmental Forum Michael J. Mendelson ’97 ap- published by Tor/Forge Macmil- and “What’s Ahead for Power peared on National Public Ra- Royal C. Gardner ’88 is the au- lan in June. She is an adjunct law Plants and Industry?” a World dio’s All Things Considered in thor of Lawyers, Swamps, and professor at the Carroll School of Resources Institute report. He July in a story on the law and Money: US Wetland Law, Policy, Management at Boston College was previously a senior fellow at regulation of space travel. His and Politics published by Island and specializes in business and the World Resources Institute in most recent article, “Private Risk Press in April. He is the interim constitutional law. Washington, DC. Management in Orbital Opera- dean, a professor, and the directions: Inter-operator Liability tor of the Institute for Biodiver- Nancy D. Adams ’92 was elected Heidi Goldstein Shepherd ’94 is and the Space Data Association,” sity Law and Policy at Stetson to serve a three-year term as sec- chief human resources officer in was published in the June/July University College of Law in retary of the Chartered Property the Boston office of Goodwin edition of the German Journal of Tampa, FL. Casualty Underwriters Society. Procter LLP. She was previously Air and Space Law. She is a litigation partner in a partner in the firm’s labor and Frederick S. Lane ’88 is the au- the Boston office of Mintz, employment practice. Fernando Pinguelo ’97 spoke thor of Cybertraps for the Young Levin, Cohn, Ferris, Glovsky & at a program, “The Virtual published by NTI Upstream in Popeo PC. Susan (Soltesz) Ellison ’95 is direc- Doctor Will See You Now: August. An author, attorney, tor of the Office of Visa and Im- The Implications of Increas- and expert witness in the field Sarah Jane Gillett ’92 was named migration Services at Dartmouth ing Health Information Flows of computer forensics, he is a an Oklahoma fellow of the College in Hanover, NH. She across Borders,” hosted by the frequent lecturer at colleges and American Bar Foundation. She was previously a partner in the Section of International Law of universities, and has appeared as is a partner in the Tulsa, OK, Boston office of Fragomen, Del the American Bar Association a guest on a variety of national office of Hall, Estill, Hardwick, Rey, Bernsen & Loewy LLP. She (ABA) in June; presented “Apple media programs. Gable, Golden & Nelson PC and and her husband, Scott, and their v. Amazon.com—The War for concentrates her practice in com- daughters, Maggie and Molly, ‘App’ Dominance Opens a New Leon Rodriguez ’88 is the director mercial litigation. live in New London, NH. Front,” as invited guest lecturer of the US Department of Health to students and faculty at Mack- and Human Services Office for Stephen D. Browning ’93 is a Denise Leber ’95 is vice president enzie Presbyterian University Civil Rights. He was previously partner and chair of the commer- and senior legal counsel at Gil- and Fundação Getulio Vargas chief of staff and deputy as- cial and real estate group in the bane Building Company in Provi- in São Paulo, Brazil, in Octo- sistant attorney general of the Houston, TX, office of Vorys, dence, RI. She was previously ber; and presented a webinar, Civil Rights Division of the US Sater, Seymour & Pease LLP. He counsel at Boston-based Ed- “EHR Security and The HIPAA Department of Justice. was previously a partner in the wards, Angell, Palmer & Dodge Risk: Carrots, Sticks, and More firm’s Columbus, OH, office. LLP. She and her husband, Mi- Carrots” in November. He is a Christopher J. Devlin ’89, senior chael, live in Avon, CT. partner at the Bridgewater, NJ, counsel in the investment division Scott L. Weber ’93 is co-director office of Norris, McLaughlin & of Unum Group in Portland, ME, of Government Services at Opera Randall E. McMillan ’95 is presi- Marcus PA. is coauthor of Maine Commercial Solutions LLC in Jersey City, NJ. dent and founder of McMillan Lending Handbook published by He continues as a partner in the Law PLLC, an entertainment, in- Peter Russell ’97 won a ground- Tower Publishing in July. He was Newark, NJ, office of Patton tellectual property, and business breaking minimum wage viola- previously a partner and chair Boggs LLP where he concentrates law firm in New York, NY. He tion ruling that paves the way of the finance practice group at his practice in complex litigation, lives with his wife, two daugh- for hourly workers at Cambridge Bernstein, Shur, Sawyer & Nel- and as a member of the Board of ters, and son in Montclair, NJ. Health Alliance to file a class son PA in Portland. Advisors of the Chertoff Group. action suit. The case, Norceide et Mathieu J. Shapiro ’95 was named al. v. Cambridge Health Alliance, Richard E. Parker ’89 was Jonathan W. Hugg ’94 is a partner chair of the new e-discovery and is featured in the September 26, honored with the Student at Thorp Reed & Armstrong LLP information management prac- 2011 issue of Massachusetts Law- Achievement Award by the Mas- in Philadelphia, PA, and focuses tice group at Obermayer, Reb- yers Weekly. He is the founding sachusetts Health Information his practice on commercial and mann, Maxwell & Hippel LLP in partner of Russell & Associates Management Association. appellate litigation with an em- Philadelphia, PA. He is a partner LLC in Needham, MA.

30 BC Law magazine | fall / wintER 2011 [ E s q uire ]

Paul G. Sweeney ’98 was one of Dade County Bar Association in Denver. was published in the Journal of ten lawyers nationwide recog- E-Mentor Program. Haitian Studies. nized by the ABA Journal in a J. Tenley Oldak ’07 is an as- September cover story entitled Karen A. Daley ’03 is a health sociate in the corporate and Jeffrey S. Clark ’11 is an associate “Legal Rebels 2011: Big Change care law associate in the Bridge- business group in the Denver, at Hamilton, Brook, Smith & in BigLaw.” He is a partner at port, CT, office of Pullman & CO, office of Brownstein Hyatt Reynolds PC in Concord, MA, Foley Hoag LLP in Boston and Comley LLC. She was previously Farber Schreck LLP. She was where he practices in the areas of focuses his practice on venture an associate counsel and the formerly an associate at Sullivan biotechnology, chemistry, medi- capital financings, mergers and director of Risk Management at & Worcester LLP in Boston. cal devices, and pharmaceuticals. acquisitions, strategic alliances, Saint Francis Hospital in Hart- and related business transac- ford, CT. Erin M. Anderson ’09 is an as- Seth S. Coburn ’11 is an associate tions. sociate in the Boston office of in the Portland, ME, office of Christine L. Uri ’03 is a business Sheehan, Phinney, Bass & Green Verrill Dana LLP. He is the re- REUNION attorney at Tonken Torp LLP PA and focuses her practice on cipient of the Kenneth R. Clegg ’02 & ’07 2000s[ ] in Portland, OR. She is actively business litigation, employment, Award for Excellence, which is involved in community organiza- and construction law. She was given to the applicant with the Lorie K. Dakessian ’00 presented tions that provide strong previously an associate at Day highest combined score on the the “Impact of Social Network advocacy for girls and women, Pitney LLP in Stamford, CT. Maine bar examination in his or Sites on Electronic Discovery” and serves on the Board of her first attempt at passing a bar and “Data Collection from Directors of Girls Incorporated examination. Emerging Sources” as part of a of Northwest Oregon and 2010s 2011 Kroll Ontrack Advanced the Board of Advisors for the Philip D. Desai ’11 is an associ- E-Discovery Certification Course Oregon Women’s History Gregory S. Bombard ’10 is an ate in the Detroit, MI, office of in Minneapolis, MN. She is a an Consortium. associate in the Boston office of Honigman, Miller, Schwartz & attorney in the Philadelphia, PA, Bulkley, Richardson & Gelinas Cohn LLP. office of Conrad O’Brien PC. Alexandra H. Deal ’04 rejoined LLP and focuses his practice on Boston-based Stern, Shapiro, representing financial institutions Patrick T. Driscoll ’11 is an asso- Gregory S. Oakes ’00 was elected Weissberg & Garin LLP in Oc- in mortgage related litigation ciate at Hamilton, Brook, Smith to a four-year term as district tober and focuses her practice and on general commercial and & Reynolds PC in Concord, attorney in Oswego County, NY. on criminal defense, employment business litigation. MA, and practices in all areas of He was formerly the county’s law and litigation, environmental intellectual property law. first assistant district attorney. litigation, and general civil litiga- Christopher P. Matteodo ’10 is tion. She was previously a solo an associate at Gennari Aronson Laurence A. Shumway ’11 is an John E. DeWick ’02 is co-founder appellate practitioner represent- LLP in Needham, MA. associate at Hamilton, Brook, of Arrowood Peters LLP, a ing indigent criminal defendants Smith & Reynolds PC in Con- Boston-based litigation boutique in both state and federal court, Kindra Mohr ’10 is an associ- cord, MA, and focuses on all firm specializing in complex civil and in July won reversal of a ate on the anti-corruption and aspects of patent practice. litigation and trial work. client’s conviction for attempted corporate intelligence team at kidnapping in Commonwealth v. PricewaterhouseCoopers LLP. Brian B. Vavra ’11 is an associ- Elizabeth Tedesco Milesnick ’02 Rivera. Her article, “Lessons Learned: ate in the real property litigation is an associate and a member of An Analysis of Recent Rule-of- practice group in the Tampa, FL, the intellectual property group in Hilary Dorr Lang ’05 is an associ- Law Reform Efforts in Haiti,” office of Carlton Fields. the Portland, OR, office of Mill- ate at Waddey & Patterson PC er Nash LLP. She was previously in Nashville, TN, and focuses with Stoll Berne in Portland. her practice on patent prosecu- In Memoriam tion and enforcement of intel- Ileana M. Espinosa Christianson lectual property rights. She was John J. Sheehan ’43 James J. Mawn ’57 ’03, a partner in the Miami, FL, previously an associate at Foley William N. Wright ’48 Robert F. O’Connell ’58 office of Gray Robinson PA, Hoag LLP in Boston. Robert W. MacNamara ’49 Francis W. Gorham Jr. ’59 was honored as one of the “40 William H. Hogan ’50 George A. Brochu ’61 Under 40 Outstanding Lawyers Tiffany A. Buckley-Norwood ’06 Martin J. Murphy ’50 David R. Melincoff ’61 of Miami-Dade County” by is an associate in the Detroit, Robert L. Marshall ’51 Gerald B. Gallagher ’64 the Cystic Fibrosis Foundation. MI, office of Jackson Lewis LLP. Stanley C. Urban ’51 James E. Tracy ’64 She is a recipient of the 2011 Hon. Thomas H. Corrigan ’52 Hon. Douglas R. Gray ’65 Pro Se Clinic Award presented Nicholas D. Claassen ’07 is Matthew M. Hoenig ’52 Gerald D. McGonigle ’65 by the Dade County Bar As- a corporate associate in the George Koschak ’52 John J. Joyce ’68 sociation Legal Aid Society/Put Denver, CO, office of Brown- George F. McInerny ’52 David M. Cobin ’69 Something Back program. She stein Hyatt Farber Schreck LLP W. Bradley Ryan ’53 William N. Elin ’72 currently serves as president of and concentrates his practice Elizabeth A. Chute ’55 Thomas J. Capano ’74 the Bankruptcy Bar Associa- in middle-market mergers and Daniel J. Horgan ’55 David H. Gregg ’74 tion for the Southern District of acquisitions, venture capital James L. Taft ’55 Jonathan Margolis ’81 Florida, president of the Florida financing, and securities law. He Leonard F. Burr ’56 Donna M. Zaleskas ’04 chapter of the BC Law Alumni was previously an associate at William M. Anderson ’57 Council, and co-director of the Holme, Roberts & Owen LLP

www.bc.edu/lawalumni 31 [ F a c u l t y ] news & research

scholar’s forum

Resolving a Legal, Ethical Divide

by Professor R. Michael Cassidy

n a criminal justice system where guilty pleas have become the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution takes on immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment informationI before a guilty plea. That question has the suppression of exculpatory evidence violates due polarized the criminal bar and bedeviled the academic process. The Court likened a prosecutor’s withholding community. A critical feature of the debate has been of exculpatory evidence to the knowing presentation the enduring schism between a prosecutor’s legal and of perjured testimony. Nine years after Brady, the ethical obligations—a gulf that the American Bar Asso- Supreme Court in Giglio v. United States enlarged its ciation recently widened by issuing a controversial opin- construction of constitutionally “exculpatory” evidence ion interpreting Model Rule of Professional Conduct to encompass impeachment information, ruling that the 3.8(d) to impose obligations on prosecutors beyond the prosecutor must disclose to the defendant any promises, requirements of the Due Process Clause. rewards, or inducements made to a government witness “Impeachment” is the process of weakening or dis- in exchange for his testimony. The combined effect of crediting a witness’s testimony. Impeachment evidence Brady, Giglio, and their progeny requires a prosecutor is any evidence that can be used by the defendant— to disclose to the defendant before trial any evidence typically on cross examination—to undermine the cred- that may be used to impeach a government witness on a ibility of a government witness. It includes promises, material point. rewards, and inducements made by the prosecution The Supreme Court has consistently treated impeach- to its witness that might establish the witness’s bias in ment evidence as a form of “evidence favorable to the favor of the government; acts or conduct demonstrating accused” subject to the Brady disclosure standards, at a witness’s motive of ill will toward the defendant; past least with regard to the prosecutor’s disclosure obliga- misconduct of the witness showing character for dishon- tion before trial. Yet impeachment evidence is suffi- esty; prior inconsistent statements; and, medical, mental ciently distinct from factually exculpatory evidence that health, or addiction issues that might affect the witness’s its application to the plea bargaining context presents ability to perceive or recall. special difficulties. Impeachment evidence does not In Brady v. Maryland, the Supreme Court ruled that (continued on page 44) isto ckph oto. c om / P_ W ei

32 BC Law magazine | fall / winter 2011 [ F aacult c u l t y ]

PROFILE The Value of Reasoned Opinions

Blum aids Bosnia-Herzegovina law reform

ar crimes tribunals, beginning with Nuremburg, were estab- “ Wlished not only to punish crim- inals, but to demonstrate to the public that justice is being done,” says BC Law School Associate Professor of Legal Reasoning, Research, and Writing Joan Blum. She’s speaking from experience: Since 2009 she has worked with officials of the Sarajevo- based War Crimes Chamber of the Court of Bosnia and Herzegovina (Court of BiH), one of the world’s most active war crimes tribunals since it became fully operational in March 2005. “ I started out thinking I was going to teach a course on writing. I ended up teaching a course more on legal reasoning, and comparative legal process.”

Blum’s Bosnian connection dates from early May 2009, when she accepted an invitation from Judge Phillip Weiner ’80, an international judge on the Court of BiH, to conduct a three-day training program in common law legal analysis and writing with twenty-seven legal officers. Her brief, under the auspices of the US Justice Department’s Office of Overseas Prosecutorial Development, Assistance, and Training (OPDAT), was to improve the quality of legal reasoning in the Court’s written decisions. With the support of Judge Minka Kreho, head of the Court’s criminal division, who sat in on the first session, Blum was invited to run a further program for twenty-six judges and thirty- An unexpected outcome of Blum’s work two legal officers in July 2011, and she will in Sarajevo is how she thinks about US return to Sarajevo in May to serve as an common law, and it has changed how she in-house consultant on legal analysis and teaches her students at BC Law. writing and to conduct trainings for other courts in BiH that hear war crimes cases. To prepare for that first session, Blum,

who has taught at BC Law since 1985 mi ch ael manning

www.bc.edu/lawalumni 33 [ F acult y ] and conducted legal writing workshops In Memoriam for major law firms across Massachusetts, immersed herself in the history of the Court and the Bosnian war in the 1990s. She Huber Brought Out Education Opportunity changed the course trawled through a sample of the Court’s of legal education and the profession. “He 100-page-plus decisions and those of the the Best in People played a vital role in minority enrollment, International Criminal Tribunal for the not just at BC but nationally,” Coquil- Former Yugoslavia (ICTY). Berry, Nicholson also lette said. “Besides promotion of minori- With help from Weiner and Massachu- remembered ties, Dick was a tremendous advocate for setts Superior Court Judge Elizabeth Fahey women in law school…by the time he was ’77, who served as an international judge done, female enrollment here went from on the Court in 2007-2008 (Page 23), essentially nothing to about 40 percent.” Blum grappled with the Court’s structure The Environmental Affairs Law Review, and procedure. The challenge proved more International and Comparative Law multifaceted than she imagined. “I started Review, and Third World Law Journal at out thinking I was going to teach a course BC Law all began under Huber’s leader- on writing. I ended up teaching a course ship. The Black American, Asian Ameri- more on legal reasoning, and comparative can, and Latin American law students legal process,” she says. associations formed. Faculty size grew by The Bosnian lawyers operate not only in eight between 1970 and 1979 alone, and multiple languages—Bosnian, Serbian, and slots were created for a director of alumni Croatian—but also in a hybrid legal sys- relations and a director of admissions and tem. Lawyers are still mainly trained in the financial aid. He also helped build the law civil law system that operated in the former Richard Huber library from a one-room operation to a Yugoslavia, but they now also have to deal national powerhouse. with bodies of case law, for example those But Huber may be best remembered and interpreting the European Convention on he Boston College Law School com- loved for his people skills. “Dick’s unique Human Rights, and the decisions of the munity in December lost one of its contribution was internal,” says Sharon ICTY. “Civil law systems don’t have a Tmost beloved leaders, longtime fac- Hamby O’Connor, BC Law librarian from highly developed tradition of opinion writ- ulty member and dean Richard Huber. He 1979 to 2002. “He had a remarkable abil- ing,” says Blum. “Civil law judges don’t was ninety-two years old. ity to find the best in people without being have a tradition of giving reasons for their “Dick Huber was well-known for his unaware of their foibles, to bring out the decisions. They basically state what the law warm, generous nature, his intellect and best in a person without being paternalistic.” is, and what the decision is.” compassion, and his ability to bring out the Huber fostered a culture of collegial- By her second Sarajevo visit, Blum had best in everyone he touched,” said BC Law ity among faculty and between faculty a clearer idea of her goal. She set out to Dean Vincent Rougeau. “He will be missed.” and students that became ingrained and provide “a crash course in the theoretical Huber began teaching at BC Law in remains one of the Law School’s hallmarks. underpinnings of the common law,” and to 1957, served as dean from 1970–1985, and “The school really thrived under Dick,” emphasize the idea that “there is a public continued teaching until retiring in 2005. said Charles “Buzzy” Baron, who was one good in disclosing judicial reasoning in a He had a tremendous influence on BC Law of Huber’s assistant deans. “When people legal opinion,” particularly in the context as dean, overseeing the move from More came to him with ideas, his attitude was, of a war crimes tribunal, where the clarity Hall on the BC Chestnut Hill campus to the let’s see if we can make that work. Nobody and accessibility of written verdicts are cru- school’s current Newton campus in 1975, could have been more nurturing than Dick. cial to public accountability. helping introduce the first joint degree There was no sense of playing favorites; Blum’s Bosnian experience has enriched program in collaboration with the business he was supportive of everyone. He cared her on many levels, she says. She has school, and increasing resources for clinical about everybody honestly.” gained “a deeper understanding of the programs and courses, among many other Huber received his BS degree from the goals and realities of war crimes tribu- efforts. United States Naval Academy in 1941, his nals,” and an abiding admiration for the He was also very active in AHANA JD degree from the University of Iowa in commitment of the judges and officials recruitment and hiring. In 1977, Huber 1950, and his Masters in Law degree from who run these institutions. Her immer- hired the Law School’s first full-time black Harvard University in 1951. He served in sion in the civil law tradition has alerted professor, 1974 graduate Ruth-Arlene World War II and the Korean War. Huber her to underlying assumptions about the Howe. Former Dean Daniel Coquillette, authored numerous articles in his fields US common law system. “I’ve taught on a who succeeded Huber in 1985, called of expertise: Land Use and Property Law, much more basic level since I came back, Huber “one of the great, monumental Professional Responsibility, Constitutional and I think that’s been to the benefit of my figures of our time.” Huber’s work as presi- Law, Environmental Law, and Legal Edu- students,” she says. dent of both the Association of American cation. He was also the recipient of several —Jane Whitehead Law Schools and the Council on Legal honorary degrees.

34 BC Law magazine | fall / winter 2011 [ F a c u l t y ]

In Memoriam he called for international law and global enterprising research. “Dan has done some concerns to be part of the legal curriculum. genuine undercover detective work on “That was not so when Frank started out how insurance companies write and inter- Professor Emeritus Robert C. Berry: in his challenging area of study,” Her- pret contracts with consumers. The paper 1936–2011 rmann said. “‘International Law,’ it has reports on that work, collects lots of other Robert Berry, a recognized authority on been said, ‘is that thing which the evil neat data, and then considers some of the sports law, passed away November 21 at ignore and the righteous refuse to enforce’ public policy issues that follow,” Galle the age of seventy-five. (Leon Uris, Exodus); but, with all its dif- says. “I think it actually moves the bar for A graduate of the University of Mis- ficulties, it was the need for a just interna- what we should think of as top legal schol- souri and Harvard Law School, Berry tional order that Frank devoted himself to arship—as well as having already started taught contracts and entertainment and and invited his students to wrestle with. He a major conversation among insurance sports law at BC Law from 1971 to 2006. proved to be a leader again when in 1977 regulators.” Galle predicts that readers of A television and radio commentator, he he began planning to initiate the Boston the article will want to go straight home to was a sought-after consultant on such mat- College International and Comparative reread their own insurance policies. ters as baseball salary arbitrations. Law Review with its concern for human Liberty Mutual Insurance Group cre- Berry co-authored the Sports Law and rights, cross-border disputes, arms control, ated the competition to encourage and Regulation in 2005, and four editions and a host of other challenges to peaceful recognize legal scholarship in property of Law and Business of the Entertain- human flourishing.” and casualty insurance, its regulation and ment Industries. He also wrote the section In tribute to his service to BC Law, the corporate governance. It was part of a $3.1 “Sports” in the Encyclopedia of the United Rev. Francis J. Nicholson, SJ, Award was million gift to establish the Liberty Mutual States Congress in 1995. established, honoring a volunteer whose Insurance Professorship at the Law School. A former student, Jan Armon ’74, dedication to the advancement of legal “I’m pleased that the Liberty Mutual recalled Professor Berry with fondness. “At education at BC Law “reflects the loyalty Prize has generated an academic article this news of Professor Berry’s passing, I and constancy of Fr. Nicholson.” of such quality as Dan Schwarcz’s,” says remember all good things of him. His first Liberty Mutual General Counsel Chris term at BC Law was mine. He taught us Mansfield ’75. “His presentation to the the year-long property law course, which Schwarcz Wins faculty was compelling and insightful. I was by far my favorite that year, for he Liberty Mutual Prize look forward to next year’s submissions in made it understandable and even delight- partnership with BC Law School.” ful. First impressions matter. On the open- Paper says homeowners Schwarcz’s paper was selected from ing day of class, Professor Berry called the insurance policies keep among eleven finalists by a team of judges roll of more than 100 students—without consumers in the dark comprising Mansfield and Galle; Associate once looking at a piece of paper. When the Dean for Academic Affairs James Repetti; last name was called, we cheered him. provocative examination of the BC Law Professors Renee Jones and Brian “Our class felt he belonged to us in lack of transparency in the home Quinn; Visiting Professors Francine Sher- a special way,” Armon continued. “At Ainsurance market won University man and Chief Justice Herbert P. Wilkins; graduation he, rather than any student, of Minnesota Law School associate pro- former Boston College Law Review Editor was overwhelmingly voted to be the vale- fessor Daniel Schwarcz the second annual Sam Feldman; and Director of Publications dictorian, and he spoke with his customary Liberty Mutual Prize in November. The John Gordon. charm and kindness.” award, for the best article on property and casualty insurance law, carries with it a Rev. Francis J. Nicholson, SJ: 1921–2011 $5,000 award. Rev. Francis J. Nicholson, SJ, a retired Schwarcz received the award at a presen- professor at Boston College Law School tation to BC Law faculty of “Reevaluating who also served as rector of the Boston Standardized Insurance Policies,” which College Jesuit Community and a member was published in the University of Chicago of the University’s Board of Trustees, died Law Review (http://papers.ssrn.com/sol3/ on August 26 at the age of ninety. papers.cfm?abstract_id=1687909). The Fr. Nicholson, a 1942 graduate of Bos- article empirically debunks the common ton College, earned degrees from George- claim that homeowners insurance poli- town and Harvard law schools and was cies are alike. In fact, Schwarcz contends, ordained a priest in 1953. As a member they are radically different with respect to of the BC Law faculty from 1958 through numerous provisions, making it impossible 1999, he taught courses in international for consumers to comparison shop among law, conflicts of law, and jurisprudence. carriers based on coverage differences. Associate Professor Frank R. Her- BC Law assistant professor Brian Galle, Daniel Schwarcz rmann, SJ, ’77, said in his homily that Fr. who was on the committee that selected Nicholson was ahead of his time when the article for the prize, praised Schwarcz’s

www.bc.edu/lawalumni 35 [ facult y ]

Comings and Goings

Dan Fitzpatrick, who Academic Vitae has thirty years of Compiled and Edited by Deborah J. Wakefield experience in higher education and health care administration, Richard Albert Symposium, “The Way to Carnegie: Practice, has joined the BC Assistant Professor Practice, Practice,” BC Law in Oct. Law community as Recent Publications: “The Constitutional Associate Dean of Filippa Marullo Anzalone Politics of Presidential Succession.” Hofstra Professor and Associate Dean for Library and Administration and Law Review 39, no. 3 (2011): 497–576. Technology Services Finance for the Law School. He replaces “The Constitutional Politics of the Tea Party Joseph Carroll, who moved to the College Movement.” Northwestern University Law Presentations: “Problems Facing Museums of Arts and Sciences. Review Colloquy 105 (2011): 276–270. Today: Deaccessioning and Repatriation,” Law Librarians of New England Fall 2011 For the past three years, Fitzpatrick Presentations: “Democratic Revolutions,” Meeting, Williamstown, MA, in Oct. was Associate Dean of Administration and faculty workshop, University of Califor- Finance at West Virginia School of Law. nia–Davis in April. “Political Revolutions Charles H. Baron Prior to that, he was Chief Financial Offi- and Revolutionary Politics,” panel entitled Professor Emeritus cer and then Chief Operating Officer for “Emerging Themes in Comparative Con- New Appointments: Appointed to the Scien- Caritas Medical Group. He joined Cari- stitutional Law,” 2011 Annual Meeting of tific Committee of the Pavia University Press the Law and Society Association (LSA), San tas after eighteen years at Tufts Medical Law, Science, and Technologies series. Francisco, CA, in June. “The Separation of School, where he was Associate Dean for Higher Powers,” 2011 Annual Law and Reli- Alex Berrio Matamoros Administration and Finance. gion Roundtable, Northwestern University Educational Technology Specialist, Legal Fitzpatrick holds a JD from New Eng- School of Law, Chicago, IL, in June. “The Information Librarian, and Lecturer in Law land School of Law, a master’s in tax from Constitution of Evil,” faculty workshop, Southern Methodist University, Dallas, TX, Presentations: “The Law School Educational Bentley College, and a BA in accounting Technologist Survey—2 Years Later,” 2011 from Merrimack College. in Sept. “Our Amoral Constitution,” faculty workshop, Florida International University, CALI Conference for Law School Comput- Miami, FL, in Oct. “The Constitution of a ing, Marquette University Law School, Mil- Daniel Barnett, Democratic Revolution,” panel presentation, waukee, WI, in June. award-winning asso- 2011 Annual Meeting of the American Soci- Mary Sarah Bilder ciate professor of ety of Comparative Law (ASCL), Sacramento, Professor Legal Reasoning, CA, in Oct. Research, and Writ- Works in Progress: With Sharon H. Activities: Discussion moderator, “Veiled O’Connor. “Appeals to the Privy Council ing, will depart BC Political Questions,” Law and Religion Pro- before American Independence: An Anno- Law School next gram, BC Law in April. “What the League of tated Digital Catalogue,” Law Library Jour- spring to take a posi- Women Voters and the Tea Party Movement nal (forthcoming 2012). tion at Lewis and Share in Common—and Why It Matters,” Presentations: Featured speaker, Rhode Clark Law School in Portland, Oregon. keynote address, Annual Meeting of the League of Women Voters of Wayland (MA) Island chapter of the BC Law School Alumni Barnett has been at BC Law since 1990 in May. Panel chair and discussant, “Law Association, Providence, RI, in April. Fea- during which time he received the 2004 and Religion: Domestic, Foreign, Compara- tured speaker, Rhode Island Charter Day BC Distinguished Teaching Award and tive, and Transnational Perspectives,” LSA 2011, the John Clarke Society of Early the 2007 Teaching with New Technology annual meeting in June. Panel moderator, American Democracy, Newport, RI, in July. Award. He has been active in the Associa- “Building Constitutionalism in Post-authori- “The Magna Carta or Charta?” McMullen tion of American Law Schools, serving as tarian States,” ASCL annual meeting in Oct. Museum opening, Boston College in Sept. “How Bad Were the Original Convention the chair of the Section on Legal Writing, Other: Presented an analysis of President Records?” George Washington University Analysis, and Research and as the chair of Barack Obama’s jobs speech on NECN Live Law School, Washington, DC, in Nov. the Military Recruiting Task Force of the in Sept. His paper, “The Constitution of Section on Sexual Orientation and Gender Evil,” was selected for presentation to the Activities: Chair, Kathryn Preyer Memorial Association of American Law Schools Section Papers Panel, American Society for Legal Identity Issues. on Constitutional Law at the association’s History (ASLH) Conference, Atlanta, GA, in He is also a member of the Board of 2012 annual meeting. Nov. Directors for the Legal Writing Institute, chair of the 2012 LWI Conference Plan- Alexis J. Anderson New Appointments: Member, ASLH Publica- ning Committee, and was the co-chair of Associate Clinical Professor tions Committee for 2011–2013. the institute’s 2002 Biennial Conference. Presentations: “Legal Ethics and Professional- Robert M. Bloom “Dan has been an invaluable part of ism,” to visiting law students from Renmin Professor University of Beijing, China, in Aug. our extraordinary legal writing program for Works in Progress: With Erin Dewey ’12. many years, and his contributions will be Activities: Panel moderator, “Questions of “When Rights Become Empty Promises: Pro- sorely missed,” said Dean Vincent Rougeau. Implementation,” Third World Law Journal moting an Exclusionary Rule that Vindicates

36 BC Law magazine | fall / winter 2011 [ F a c u l t y ]

Personal Rights.” Irish Jurist tice, and Context. 4th ed. Wolt- no. 2 (2011): 233–272. Charles Sumner to air on WGBH (forthcoming Fall 2011). ers Kluwer, forthcoming 2012. and other NPR affiliates. With Robert M. Bloom. Criminal Daniel R. Coquillette Activities: Member, SCOTUS Procedure: The Constitution and J. Donald Monan, SJ, Professor Scott T. FitzGibbon Preview Panel, BC Law student the Police. 7th ed. Wolters Klu- of Law Professor chapter of the American Consti- wer, forthcoming 2012. tution Society in Oct. Recent Publications: With Judith Recent Publications: “‘That Man Presentations: “William P. A. McMorrow. “Zacharias’s Is You!’ The Juristic Person and E. Joan Blum Homans Jr.: A Life in Court,” Prophecy: The Federalization of Faithful Love.” International Associate Professor of Legal Flaschner Judicial Institute Legal Ethics Through Legislative, Journal of the Jurisprudence of Reasoning, Research, and Author Series, Social Law Court, and Agency Regulation.” the Family 1 (2010): 259–288. Writing Library, Boston in Sept. San Diego Law Review 48, no. 1 “Parent, Child, Husband, Wife: (Winter 2011): 123–156. When Recognition Fails, Tragedy Recent Publications: With Mary New Appointments: Board Ensues.” Brigham Young Univer- Ann Chirba, Elisabeth Keller, Works in Progress: “Francis member, Supreme Judicial Court sity Journal of Public Law 25 no. and Judith Tracy. “What Legal Bacon: The Pioneer of Judicial Historical Society’s William P. 2 (2011): 203–215. “Educational Employers Want and Really Rulemaking.” Michigan Law Homans Jr., Esq., Endowment. Justice and the Recognition of Need.” The Second Draft 25, Review (forthcoming 2012). Marriage.” Brigham Young no. 1 (Spring 2011): 4–5. R. Michael Cassidy University Education and Law Professor Presentations: “The Current Other: Traveled to Sarajevo this Educational Landscape: Perspec- Journal 2011 (2011): 263–278. summer on behalf of the US Recent Publications: “Plea Bar- tives from the Top,” Harvard Works in Progress: “Parenting Department of Justice to conduct gaining, Discovery, and Looming Law School Reunion in April. and the Culture of Friendship.” training on common law analysis Battle over Impeachment Evi- “The Boston Massacre and the International Journal of the and opinion writing for the legal dence.” Vanderbilt Law Review Extraordinary Josiah Quincy Jurisprudence of the Family. officers and judges of the Court 64, no. 5 (October 2011): 1429– Junior,” Law Day 2011, United of Bosnia and Herzegovina, 1487. “Some Reflections on States Court of Federal Claims, Presentations: “Parenting and the judges of cantonal and district Ethics and Plea Bargaining: An Washington, DC, in May. “The Culture of Friendship,” symposia courts, and to serve as an in- Essay in Honor of Fred Zacha- Bramble Bush: Real Ethics for entitled “Jurisprudence of the house resource on legal research rias.” San Diego Law Review 48, Real Lawyers,” keynote address, Family: Parenting and the Influ- and writing. no. 1 (Winter 2011): 93–110. Legal Ethics and Professionalism ence of Culture” convened by Program, Northeastern Uni- the International Academy for Works in Progress: With Gregory Karen Breda versity School of Law, Boston the Study of Jurisprudence of Legal Information Librarian and I. Massing. “The Model Penal in May. “Charles Sumner: A the Family (IASJF), Pontifical Lecturer in Law Code’s Wrong Turn: Renuncia- Man for Tomorrow,” Bicenten- Catholic University of Argentina, tion as a Defense to Criminal nial of Charles Sumner, Cam- Buenos Aires, Argentina, in May; Activities: Served on the panel Conspiracy.” Florida Law bridge, MA, in May. “Quincy’s and the University of Malta in of judges for the Boston chapter Review (forthcoming 2012). of the Chartered Property and Reports: The First American July. Casualty Underwriters Society’s Presentations: “The Ethical Law Reports,” keynote address, Activities: Panelist, “Debating the 2011 Scholarship Award. Prosecutor,” Connecticut State’s Association of Reporters of Future of Marriage,” Ideas Mat- Attorney’s Office Annual State- Judicial Decisions Annual Meet- ter lecture series sponsored by Mark S. Brodin wide Conference in June. ing, Boston, in Aug. “The His- Professor tory of Harvard Law: The High the Boston Review and the Mas- Activities: Mentor and presenter, Citadel,” LLM and SJD students sachusetts Institute of Technol- Recent Publications: “Ricci v. Contemplative Leaders in Action orientation program, Harvard ogy Political Science Department DeStefano: The New Haven Fire- Program of the Jesuit Col- Law School in Sept. “The His- in March. fighters Case and the Triumph of laborative in Boston. Member, tory of African Americans at New Appointments: Member, White Privilege.” Southern Cali- SCOTUS Preview Panel, BC Law Harvard Law School,” Harvard Irish Jurisprudence Society. fornia Review of Law and Social student chapter of the American Law School Black Alumni Cel- Editor-in-chief, International Justice 20 no. 2 (2011): 161– Constitution Society in Oct. ebration in Sept. 232. “What One Lawyer Can Journal of the Jurisprudence of Do for Society: Lessons From the Mary Ann Chirba Activities: Attended meetings of the Family. Senior vice president, Remarkable Career of William P. Associate Professor of Legal the Federal Advisory Committee IASJF. Reasoning, Research, and Homans Jr.” New England Law on Bankruptcy Rules, San Fran- Other: Co-organizer, IASJF sym- Writing Review 46 no. 1 (2011): 37–63. cisco, CA, in April and North- posia in Argentina and Malta. Review of Clarence Darrow: western University, Chicago, IL, Recent Publications: With E. Attorney for the Damned, by in Sept.; the Federal Advisory Brian D. Galle Joan Blum, Elisabeth Keller, John A. Farrell. Boston Globe, Committee on Appellate Rules, Assistant Professor and Judith Tracy. “What Legal Saturday, July 30, 2011, G.7. San Francisco, CA, in April and Employers Want and Really Works in Progress: “The Role With Michael Avery. Handbook Atlanta, GA, in Oct.; and the Need.” The Second Draft 25, of Charity in a Federal System.” of Massachusetts Evidence. 8th Federal Advisory Committee on no. 1 (Spring 2011): 4–5. With William and Mary Law Review ed. 2012 Supplement. New York: Civil Rules, University of Texas Stephanie M. Garfield. “FDA (forthcoming 2011). With Kirk Aspen Publishers/Wolters Kluwer School of Law, Austin, TX, in Oversight of Autologous Stem Stark. “Beyond Bailouts: Federal Law and Business, 2008. April and Washington, DC, in Cell Therapies: Legitimate Regu- Nov. Options for Preventing State Fis- Works in Progress: With Stephen lation of Drugs and Devices or cal Crises.” Indiana Law Journal Subrin, Martha Minow, Thom Groundless Interference with the Other: National Public Radio (forthcoming 2011). “The Effects Main, and Alexandra Lahav. Practice of Medicine? Journal of (NPR) recorded his presentation of the Affordable Care Act on Civil Procedure: Doctrine, Prac- Health and Biomedical Law 7, celebrating the Bicentennial of US Fiscal Federalism.” Tax Law

www.bc.edu/lawalumni 37 [ F a c u l t y ]

Review (forthcoming 2012). Empirical Tax Conference, Uni- Frank J. Garcia Florida State University School “The Tragedy of the Carrots: versity of Colorado Law School, Professor of Law, Tallahassee, FL; law- Economics and Politics in the Boulder, CO, in July; and yers chapters of the American Works in Progress: With Chios Choice of Price Instruments.” Georgetown Law and Economics Constitution Society (ACS) in Carmody and John Linarelli, Stanford Law Review (forthcom- Workshop Series, Georgetown Chicago, IL, Nashville, TN, and co-editor. Global Justice and ing 2012). “The Politics of Feder- University Law Center, Washing- Boston; student chapters of the International Economic Law: alism: Self-Interest or Safeguards? ton, DC, in Sept. “The Tragedy ACS at Northwestern University Evidence from Congressional of the Carrots,” Tax Policy Cen- Opportunities and Challenges, School of Law, Chicago, IL, and Control of State Taxation.” ter, Urban Institute and Brook- forthcoming 2012. Drexel University School of Law, In Handbook on the Economics ings Institution, Washington, Presentations: “Arguing for a Philadelphia, PA; Porter Square of Federalism. DC, in Oct. Framework of Consensual Trade Books, Boston; Social Law Agreements,” Monash Law Library, Boston; Philadelphia Presentations: “The Politics Activities: Organizer and panel- School Faculty Seminar, Mel- chapter of the BC Law Alumni of Federalism,” 21st Annual ist, “Budget Pressure and Chang- bourne, Australia, in Aug. Association, Philadelphia, PA; Meeting of the American Law ing the Charitable Deduction: Washington University and and Economics Association, For Better or Worse?” Urban Activities: Taught Globalization, Subterranean Books, St. Louis, Columbia Law School, New Institute, Washington, DC, University of Technology Sydney MO; and a BC Law Board of York, NY, in May; and the Sixth in Oct. Law School and the University Overseers meeting in Oct. Annual Conference on Empirical New Appointments: Visiting of New South Wales (UNSW), Legal Studies, Northwestern Activities: Panel moderator, scholar, Tax Policy Center, Sydney, Australia; and Monash University School of Law, “Is Obamacare Constitutional? Washington, DC, in June. Law School, Melbourne, Austra- Chicago, IL, in Nov. “The lia, in Aug. Co-organizer, Global Debating the Legality of the Distortionary Effects of Sub- Other: Selected as a 2011 Stan- Law Roundtable, Boston College Individual Mandate,” BC Law sidies for Charity in a Federal ford/Yale Junior Faculty Forum in Nov. student chapter of the ACS in System,” 2011 Stanford/Yale scholar for his working paper, April. Panel moderator, “Beyond Junior Faculty Forum, Stanford “The Distortionary Effects of Other: Consultant, Globaliza- the Quarterly Report: Manag- Law School, Stanford, CA, in Subsidies for Charity in a Federal tion of the Curriculum Project, ing Risk and Creating Long- June. “Is Inside Debt Efficient?” System.” UNSW Faculty of Law in Aug. Term Value through Corporate Responsibility,” and Convening Kent Greenfield Committee member, Directors’ Professor Intensive Program on Corporate Recent Publications: The Myth Governance, BC Law in June. of Choice: Personal Responsibil- Panel moderator, “Globalization, ity in a World of Limits. New Corporate Accountability, and Haven, CT: Yale University the Courts,” ACS 2011 Conven- Press, 2011. “The Puzzle of tion, Washington, DC, in June. Short-termism.” Wake For- Chair, Democracy Panel, confer- est Law Review 46, no. 3 (Fall ence entitled “Secularism, Islam, 2011): 627–640. “Unconsciona- and Democracy,” Clough Center bility and Consent in Corporate for the Study of Constitutional Law (A Comment on Cun- Democracy, Boston College in ningham).” Iowa Law Review Oct. Member, SCOTUS Preview Bulletin 96 (2011): 92–99. Panel, BC Law student chapter [Responding to Lawrence A. of the ACS in Oct. Cunningham. “A New Legal Other: Made numerous media Theory to Test Executive Pay: appearances to discuss his book, Contractual Unconscionability.” The Myth of Choice, including Iowa Law Review 96 (2011).] MSNBC’s Dylan Ratigan Show, “Free Will Paradigms.” Duke ABC News’ Top Line, St. Louis Journal of Constitutional Law Public Radio’s St Louis on the and Public Policy 7 (2011): Air, WBZ Newsradio’s NightSide 1–24. with Dan Rea, and NECN’s Works in Progress: “Free Will Morning Show. Paradigms.” Duke Journal of Dean M. Hashimoto Constitutional Law and Public Associate Professor Policy (forthcoming 2011). Recent Publications: With Glo- Presentations: “The Myth of Helen Drinan retired in November after three decades rian Sorensen et al. “The Role Choice: Personal Responsibility in as the Law School’s receptionist and de facto grand- of the Work Context in Multiple a World of Limits,” Village Uni- mother. She was feted at a retirement party, where Wellness Outcomes for Hospital versity, Concord, MA, in May; colleagues reminisced about her kindly manner, political Patient Care Workers.” Journal Legal Studies and Business Eth- acumen (her late brother-in-law was US Representative of Occupational and Environ- ics Department Speaker Series, and BC Law Dean Robert F. Drinan, SJ), and role Wharton School, University mental Medicine 53, no. 8 (Aug. as unofficial campus photographer. of Pennsylvania, Philadelphia, 2011): 899–910. With Dongchun PA; faculty workshop series, Wang and Kathryn Mueller. z y gmunt p later

38 BC Law magazine | fall / winter 2011 [ F a c u l t y ]

Interstate Variation in Use of tional Law (forthcoming 2012). Narcotics. Workers Compensa- Presentations: “Enforcing Direc- tion Research Institute, 2011. Defending speech tors’ Duties: A Comparative Presentations: “The Impact of Analysis,” symposium entitled Health Care Reform on Workers “Corporate Governance and “We’re better off if we know Compensation,” American Bar Business Ethics in a Post-crisis Association 2011 Workers Com- World,” University of Notre what people think.” pensation Midwinter Seminar Dame Law School, Notre Dame, —Associate Professor Mary-Rose Papandrea, in keynote address at the and Conference, Boston in April. IN, in April. “Toward a Public University of North Carolina’s First Amendment Day, defends offensive Enforcement Model for Direc- language in the age of social media as important to protect students’ Activities: Panelist, “Manda- tors’ Duty of Oversight,” co- free speech rights. tory Influenza Immunization sponsored by the Vanderbilt Programs for Health Care Work- Journal of Transnational Law ers,” 16th Annual Adult Immu- and the Vanderbilt Law and nization Conference sponsored Business Program, Vanderbilt by MassPro, Worcester, MA, in University Law School, Nash- Activities: Attended the Sixth and Critique of Deportation,” May. ville, TN, in Oct. Annual Conference on Catho- Episcopal Divinity School, Cam- Gail J. Hupper Activities: Panelist, “Enforcing lic Legal Thought, University bridge, MA, in Oct. Director of LLM and Directors Duties: A Comparative of Oklahoma College of Law, Activities: Traveled to Israel in International Programs Analysis,” 2011 Annual Meeting Norman, OK, in May. Homilist, June to meet with government of the Law and Society Associa- Mass of the Holy Spirit 2011, Recent Publications: “Doctorado officials, policymakers, and tion, San Francisco, CA, in June. Boston College in Sept. Member, Académico en Derecho, ¿Un activists. vehículo para los transplantes Panelist, “Federalism and Cor- SCOTUS Preview Panel, BC Law jurídicos?” 2010-II Revista del porate Governance,” and partici- student chapter of the American Sanford N. Katz Constitution Society in Oct. Foro del Colegio de Abogados de pant, Corporate Law Discussion Darald and Juliet Libby Lima 325 (2010) (Peru). Group on the Dodd-Frank Act, Professor of Law Southeastern Association of Law Daniel Kanstroom Professor and Director of the Presentations: Lecture on Ameri- Schools 2011 Annual Confer- Recent Publications: Family Law International Human Rights can legal education, Hanyang ence, Hilton Head, SC, in July. in America. New York, NY: University School of Law, Seoul, Program Oxford University Press, 2011. Korea, in April. Gregory A. Kalscheur, SJ Recent Publications: “The Right “Preserving the Family Through Associate Professor Change for the Sake of Future Activities: Panelist, “Massachu- to Deportation Counsel in Recent Publications: Review Padilla v. Kentucky: The Chal- Generations.” Droit de la Famille setts Bar Exam Rule Change for of Religious Liberty, Volume 16, nº 7–8 (Juillet-Août 2011): Foreign Lawyers,” sponsored by lenging Construction of the 1: Overviews and History, by 26–29. “Our ‘Moral Architect.’” the Boston Bar Association For- Fifth-and-a-Half Amendment.” Douglas Laycock, Theological Review of Bob Drinan: The eign Lawyers Committee in Jan. UCLA Law Review 58 (2011): Studies 72 (Sept. 2011): 674– 1461–1514. “Padilla v. Ken- Controversial Life of the First Other: Traveled to Seoul, South 676. tucky and the Evolving Right Catholic Priest Elected to Con- Korea, in April to meet with gress, by Raymond A. Schroth, Works in Progress: “Conscience to Deportation Counsel: Water- the law school faculty at Seoul SJ, Boston College Law School and Citizenship: The Primacy of shed or Work-in-Progress?” National University and Han- Magazine (Spring/Summer 2011): Conscience for Catholics in Pub- New England Law Review 45 yang University and with lawyers 11, 47–48. lic Life.” In Voting and Holiness: no. 2 (Winter 2011): 305–326. at several of South Korea’s lead- Catholic Perspectives on Political “‘Passed Beyond Our Aid’: US Presentations: “The Best Interests ing law firms. Connected with Participation, edited by Nicholas Deportation, Integrity, and the of the Child in the Context of alumni of BC Law’s JD and LLM P. Cafardi. Rule of Law.” Fletcher Forum of Removal Cases,” 21st Annual programs who are now in Korea, World Affairs 35, no. 2 (Summer Family Law Conference spon- and attended a dinner organized Presentations: “Conscience, 2011): 95–107. sored by the Massachusetts Bar by the BC Law Alumni Associa- Citizenship, and Professional Association (MBA) Family Law tion of Korea. Life: Questions of Conscience for Works in Progress: Aftermath: Deportation, Law, and the Section and the Massachusetts Judges, Legislators, and Vot- chapter of the American Acad- Renée M. Jones Unplanned American Diaspora. ers,” St. Thomas More Society emy of Matrimonial Lawyers, Associate Professor Oxford University Press. With Seminar, Providence, RI, in May. Chatham, MA, in Oct. M. Brinton Lykes. Migration Recent Publications: “Corporate “The Catholic Intellectual Tradi- and Human Rights. With Cecilia Governance and Accountability.” tion: An Ongoing Conversation Other: Reappointed to the MBA Menjivar. Migrant Illegality: In Corporate Governance: A at Boston College,” Institute Family Law Section Council for Constructions, Experiences, and Synthesis of Theory, Research, for Administrators in Catho- 2011–2012. lic Higher Education, Boston Possibilities. and Practice, edited by H. Kent Elisabeth Keller College in July. “From Living Baker and Ronald Anderson, Presentations: “Deportation and Associate Professor of Legal Conversations to Living Tradi- 559–576. Hoboken, NJ: John Human Rights,” Council on Reasoning, Research, and tion: Embodying the Catholic Wiley and Sons, Inc., 2010. Foreign Relations, New York, Writing Intellectual Tradition in Student NY, in July. “The Futures of Works in Progress: “Toward a Affairs,” Association for Student Immigration,” Nieman Founda- Recent Publications: With E. Public Enforcement Model for Affairs at Catholic Colleges and tion for Journalism at Harvard Joan Blum, Mary Ann Chirba, Directors’ Duty of Oversight.” Universities Conference, Boston University in Sept. “A History and Judith Tracy. “What Legal Vanderbilt Journal of Transna- College in July. Employers Want and Really

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

Need.” The Second Draft 25, 493–516. Post-decision,” Federalist Soci- Librarians of New England no. 1 (Spring 2011): 4–5. ety SCOTUScast series in July. Scholarship Committee. Works in Progress: With Joseph “Universal Service Fund Reform: Cynthia C. Lichtenstein P. Liu. Copyright Law: Essential The Next Five Years,” Free State Activities: Attended the American Professor Emerita Cases and Materials. 3rd ed. Foundation Fifth Anniversary Bankruptcy Institute Northeast West Publishing. Forum, Washington, DC, in Oct. Conference, Newport, RI, in Recent Publications: With July. Joseph Liebman. Dissents in Presentations: “Third-Party and Activities: Attended the Liberty Panel: “Article 1904 Bina- Copyright ISP Liability in the US: Fund Conference on Liberty, David S. Olson tional Panel Review Pursuant Recent Developments,” Tsinghua Property, and International Jus- Assistant Professor to the North American Free University Law School, Beijing, tice, Indianapolis, IN, in May. Recent Publications: “A Legiti- Trade Agreement, In the Mat- China, in June. mate Interest in Promoting the ter of: Stainless Steel Sheet and New Appointments: Member, New Appointments: Editor-in- Free State Foundation Board of Progress of Science: Constitu- Strip in Coils from Mexico: chief for 2011–2013, Journal tional Constraints on Copyright Final Results of 2004/2005 Academic Advisors. of the Copyright Society of the Laws.” Vanderbilt Law Review Antidumping Review.” USA- USA. Ray D. Madoff En Banc 64 (2011): 185–198. MEX-2007-1904-01 (April 14, Professor 2010). Daniel A. Lyons Mary-Rose Papandrea Assistant Professor Recent Publications: “How the Associate Professor Works in Progress: A section on Law Constructs Its Understand- the necessary coordination of Recent Publications: “Tether- ing of Death.” In Children’s Recent Publications: “The Pub- national law and regulation on ing the FCC: The Case Against Understanding of Death: From lication of National Security the resolution of systemically Chevron Deference for FCC Biological to Religious Concep- Information in the Digital Age.” important financial institutions. Jurisdictional Claims.” The tions, edited by Victoria Talwar, Journal of National Security International Law Association Journal of Corporation Law 36, Paul L. Harris, and Michael Law and Policy 5, no. 1 (2011): (ILA) International Securities no. 4 (Summer 2011): 823–845. Schleifer. Cambridge: Cambridge 119–130. Regulation Report to the Sophia “Tethering the FCC: The Case University Press, 2011. Works in Progress: “Social Media Conference. Against Chevron Deference for and Its Impact on the First Jurisdictional Claims.” Free State Judith A. McMorrow Activities: Regularly attends Amendment Rights of Students Foundation Perspectives 6, no. Professor meetings of the ILA Executive and Teachers.” North Carolina 13 (June 1, 2011). “Net Neutral- Council in London, England; the Recent Publications: With Dan- Law Review (forthcoming 2012). ity: Applying (and Expanding) annual meeting of the American iel R. Coquillette. “Zacharias’s Nondiscrimination Norms in Presentations: “Students, Society of International Law in Prophecy: The Federalization of Cyberspace.” Federal Lawyer 58 Social Media, and the First Washington, DC; and the annual Legal Ethics Through Legislative, (August 2011): 12, 15. Amendment,” keynote address, International Law Weekend in Court, and Agency Regulation.” Third Annual First Amendment New York, NY. Presentations: “Net Neutrality: A San Diego Law Review 48, no. Day, University of North Historical Perspective,” Boston 1 (Winter 2011): 123–156. With Carolina, Chapel Hill, NC, in Other: Continues as vice chair College Federalist Society, BC Luke M. Scheuer. “The Moral Sept. of the ILA Executive Council Law in April. “Is Net Neutrality Responsibility of the Corporate and treasurer of ILSA. a Virtual Taking?” Intellectual Lawyer.” Catholic University Vlad F. Perju Property Law Podcast Series, Law Review 60, no. 2 (Winter Associate Professor Joseph P. Liu 2011): 275–310. Professor Suffolk University Law School in Recent Publications: “Impair- May. “Regulating the Internet: Mary Ann Neary ment, Discrimination, and the Recent Publications: “Sports Net Neutrality and Nondis- Associate Law Librarian for Legal Definition of Disability Merchandising, Publicity Rights, crimination Norms,” Board of Education and Reference and in the European Union and the and the Missing Role of the Overseers Conference, BC Law Lecturer in Law United States.” Cornell Inter- Sports Fan.” Boston College in June. “Talk America Inc. v. national Law Journal 44, no. 2 Law Review 52, no. 2 (2011): Michigan Bell Telephone Co.- New Appointments: Chair, Law (Spring 2011): 279–348. Works in Progress: “Constitu- tional Borrowing and Trans- plants.” In Oxford Handbook Checkmate of Comparative Constitutional Law, edited by M. Rosenfeld and “Given how poorly the law of negotiability has served A. Sajo. “Proportionality and us in this era of commonly lost home mortgage notes, Freedom: An Essay on Method in Constitutional Law.” “New those who want to make that law better need to read Governance and Rights Claims: Rogers’ story of how we got into this mess before they Lessons from Europe.” Presentations: “Constitutional try to figure out how to get us out of it.” Responsiveness in Pluralist Soci- —Professor Ronald Mann, Columbia Law School, on BC Law Professor James Rogers’ The End of Negotiable eties,” via video link, conference Instruments: Bringing Payments Systems Law Out of the Past, (Oxford University Press, 2011), http://www. entitled “Recognition and the oup.com/us/. Politics of Identity and Inclusion in the 21st Century: Managing Diversity in Pluralist Societ-

40 BC Law magazine | fall /winteR 2011 [ F a c u l t y ] ies,” University of Hong Kong Protection Agency Regional entitled “Law, Security, and James S. Rogers in April. “New Governance and Retreat, Boston in June. “Citizen Liberty after 9/11: Looking to Professor Rights-Claims: Lessons from Action, Corporate Shortcutting, the Future” sponsored by the Recent Publications: The End of Europe,” Courts and New and the BP Deepwater Horizon Harvard Law School–Brookings Negotiable Instruments: Bringing Governance Workshop, Euro- Blowout,” Environmental Law Project on Law and Security, Payment Systems Law Out of the pean University Institute, Society, University of Nevada, Cambridge, MA, in Sept. Confer- Past. New York: Oxford Univer- Florence, Italy, in June. “The Las Vegas in Sept. “Endangered ence co-organizer, “Secularism, sity Press, 2011. Transformation of Europe—from Species and Environmental Islam, and Democracy: Constitu- behind the Wall,” conference Litigation,” Vermont Law tional Tensions and Accommo- Presentations: “Securities Holding celebrating 20 years since the School, South Royalton, VT, in dations,” Clough Center for the through Intermediaries: Implica- publication of Joseph Weiler’s Oct. “Katrina and the Ecology of Study of Constitutional Democ- tions for Corporate Governance Transformation of Europe, Yale Disaster,” Zeitoun event, Newton racy, Boston College in Oct. and Conflict of Laws,” Faculty Law School, New Haven, CT, North High School, Newtonville, of Law seminar, University of New Appointments: Member, in Oct. “Proportionality and MA, in Oct. “Environmental Cambridge, Cambridge, England, Journal of Islamic Law and Soci- Freedom: An Essay on Method in Law in the Supreme Court,” in May. Constitutional Law,” Colloquium Olin College of Engineering, ety Advisory Board. Berkman on Global and Comparative Needham, MA, in Nov. fellow for 2011–2012, Berkman New Appointments: Herbert Public Law, New York University Center for Internet and Society at Smith Visitor, University of Cam- School of Law, New York, NY, Brian JM Quinn Harvard University. bridge, Spring 2011. in Oct. “The Next Transforma- Assistant Professor Other: Founding member and Vincent D. Rougeau tion of Europe,” Harvard Law scholar of islawmix, a project of Dean School in Nov. Other: Recipient of the 2011 the Berkman Center for Internet Professor Emil Slizewski Award Recent Publications: “David Hol- Activities: Commentator on and Society at Harvard Univer- for Faculty Excellence. His blog, lenbach, SJ, “The Common Good paper entitled “The Past and sity. The project’s Web site is M&A Law Prof Blog, was named and Christian Ethics.” Journal of Future of EU Disability Law,” www.islawmix.com. one of the LexisNexis Top 25 Christian Legal Thought 1, workshop on Evolutions in Business Law Blogs of 2011. Anti-discrimination Law in Diane M. Ring no. 1 (Spring 2011): 33. Review Europe and North America, Intisar A. Rabb Professor and Associate Dean for of Creating Capabilities, by Mar- Harvard Law School in May. Assistant Professor Academic Affairs tha Nussbaum. America Maga- Panel chair, “Constitutional zine, May 2011. Works in Progress: “Negotiat- Recent Publications: “United Tensions and Accommodations,” States.” In Taxation of Perma- Works in Progress: “Steven conference entitled “Secularism, ing Speech in Islamic Law and Politics: Flipped Traditions of nent Establishments, edited by Shiffin: The Religious Left and Islam, and Democracy, Clough Irene J. J. Burgers et al. Amster- Church–State Relations.” Journal Center for the Study of Constitu- Expression.” In Islamic and International Human Rights dam: IFBD Publications, 1993– of Law, Philosophy, and Culture. tional Democracy, Boston Col- (Updates: Spring 2011). “The lege in Oct. Law, edited by Anver Emon, Activities: Co-chair, “Global Promise of International Tax Mark Ellis, and Benjamin Glahn. Migration and the New Cos- Scholarship and Its Implications Zygmunt J. B. Plater Oxford: Oxford University Press, mopolitanism” working group for Research Design, Theory, Professor forthcoming 2012. With Michael for the interdisciplinary research Cook, Najam Haider, and Asma and Methodology.” Saint Louis Recent Publications: “The Exxon project, “Contending Moderni- Sayeed, co-editor. Law and University Law Journal 55, no. 1 Valdez Resurfaces in the Gulf of ties: Catholic, Muslim, Secular” Tradition in Classical Islamic (Fall 2010): 307–330. Mexico ... and the Hazards of sponsored by the Kroc Institute Thought. New York: Palgrave, ‘Megasystem Centripetal Di- Works in Progress: With James for International Peace Studies, forthcoming 2012. Polarity’.” Boston College Envi- Repetti. “Horizontal Equity University of Notre Dame Lon- don Centre, London, England, ronmental Affairs Law Review Presentations: “Legal Culture Revisited.” In The Proper Tax in July. 38, no. 2 (2011): 389–416. Wars: Law as All or Nothing (or Base: Structural Fairness from Something in Between),” work- an International and Compara- Works in Progress: A Little Fish New Appointments: Elected to shop entitled “Approaches to tive Perspective, edited by Yariv in a Pork Barrel, a History of the the American Law Institute. Islamic Law and Society,” New Brauner and Martin J. McMa- First Major National Litigation York University, New York, hon, Jr. Kluwer Law Interna- Joan A. Shear under the Endangered Species NY, in May. “Islamic Law in US tional, forthcoming 2012. “The Legal Information Librarian and Act. Yale University Press, forth- Courts as a New Constitutional Debt Equity Conundrum: The US Lecturer in Law coming 2012. “What We Can Conundrum,” BC Law faculty National Report.” Cahiers De Learn from a Canary in a Coal New Appointments: Member, workshop in Aug. “Islamic Law Droit Fiscal International (forth- Mine.” Utah Law Review (forth- Law Student Research Competen- and Religious Freedom,” US coming 2012). coming 2012). cies Task Force, American Asso- Naval Academy, Annapolis, MD, Presentations: “Sovereign Har- ciation of Law Libraries. Presentations: “Megarisks, in Oct. mony Domestic Discord,” Criti- Megacatastrophes—BP and Francine T. Sherman cal Tax Theory Workshop, Santa the Gulf of Mexico,” Sherin Activities: Session chair, work- Visiting Professor and Director, & Lodgin LLP, Boston in shop entitled “The Origins of Clara Law, Santa Clara, CA, in Juvenile Rights Advocacy Project April. “Lessons from the Islam: Narratives of History April. “Backdoor Harmoniza- Macondo Blowout,” Tufts and the Historiography of Nar- tion? Implications of the New Recent Publications: With Fran- Energy Conference 2011, Tufts ratives,” Dartmouth College, Era of Information Exchange,” cine H. Jacobs, ed. Juvenile University, Medford, MA, in Hanover, NH, in Aug. Panelist, 2011 Annual Meeting of the Law Justice: Advancing Research, April. “What Went Wrong in “US–Muslim Relations: Where and Society Association, San Policy, and Practice. Hoboken, the Gulf?” US Environmental Are We Heading?” conference Francisco, CA, in June. NJ: Wiley and Sons, 2011. With

www.bc.edu/lawalumni 41 Hon. Jay Blitzman. “Children’s Rights and tice, Practice, Practice.” Introduction to the Don’t Ask, Don’t Tell Relationships: A Legal Framework.” In symposium issue. Third World Law Journal Juvenile Justice: Advancing Research, Policy, (forthcoming 2012). (continued from page 9) and Practice, edited by Francine T. Sherman and Francine H. Jacobs, 68–91. Hoboken, Presentations: “Transactional Clinic Teach- of a newly formed student organization, NJ: Wiley and Sons, 2011. With Jessica H. ing—Skills and Ethics,” Clinical Legal Educa- the Coalition for Equality, asked Profes- Greenstone. “The Role of Gender in Youth tion Workshop, Indiana University Maurer School of Law, Bloomington, IN, in May. sor Kent Greenfield if he would devote Systems: Grace’s Story.” In Juvenile Justice: “Professional Ethics in an Interdisciplin- a seminar on administrative law to an Advancing Research, Policy, and Practice, ary Legal Practice,” plenary presentation, intensive study of the Solomon Amend- edited by Francine T. Sherman and Francine National Disability Rights Network 2011 H. Jacobs, 131–155. Hoboken, NJ: Wiley ments and their regulations. He agreed, Annual Conference, Baltimore, MD, in June. and Sons, 2011. With Lisa Goldblatt Grace. and students in the class generated a Panel presenter, “Reimagining Lawyering “The System Response to the Commercial memorandum that became the blueprint in the Transactional Setting: Substantive Sexual Exploitation of Girls.” In Juvenile for FAIR v. Rumsfeld, a case decided by and Contextual Differences,” Association Justice: Advancing Research, Policy, and of American Law Schools 2011 Conference the US Supreme Court in 2006. Greenfield Practice, edited by Francine T. Sherman and on Clinical Legal Education, Seattle, WA, was so impressed with his students’ analy- Francine H. Jacobs, 331–355. Hoboken, NJ: in June. “Legal Resources for Low-Wealth sis of the questionable constitutionality of Wiley and Sons, 2011. Entrepreneurs,” Small Business Forum, Solomon, that he presented the memo to Works in Progress: Using JDAI Strategies Century Bank, Medford, MA, in May and his friend, civil rights lawyer Joshua Rosen- to Reduce the Detention of Girls: Practice Lawrence, MA, in Sept. “Rebellious Lawyer- kranz, then a partner at Heller Ehrman. ing,” keynote address, BC Law Public Interest Guide. Baltimore: Annie E. Casey Founda- Rosenkranz signed on. The case went to tion, forthcoming 2012. Retreat, Ashland, MA, in Nov. the Supreme Court after the Third Cir- Presentations: “The Legal Lives of Girls,” Activities: Panelist, “Providing Free or cuit Court of Appeals ruled the Solomon Office of Juvenile Justice and Delinquency Low-Cost Legal Assistance to Low-Wealth Amendments unconstitutional in 2004. Entrepreneurs and Very Small Businesses,” Prevention 2011 National Conference for The Supreme Court disagreed. Childrens Justice and Safety, National Har- American Bar Association Business Law bor, MD, in Oct. Guest lecturer on the topic Section Meeting, Boston in April. Organizer, For more than a decade, the Law School of youth in the justice system, Tufts Univer- Third World Law Journal Symposium, “The tried its best to walk a tightrope. The sity, Medford, MA, in Oct. Way to Carnegie: Practice, Practice, Prac- Task Force brought dozens of speakers tice,” BC Law in Oct. and sponsored numerous programs for Activities: As board president of Artistic Noise, Inc., exhibited documentary photo- David A. Wirth the Law School community to maintain a graphs and wrote the catalogue essay Rea- Professor and Director of International spotlight on the injustices of discrimination sons for Optimism for “Uproar, An Artistic Studies in military employment and of coercing Noise 10 Year Retrospective Exhibition,” schools to abandon their policies against Works in Progress: “The International Orga- New York University, New York, NY, in nization for Standardization: Private Volun- sexual orientation discrimination. The June. Moderator, Social Justice Panel, Third tary Standards as Swords and Shields.” In Law School hosted, among others, Colonel World Law Journal Symposium, “The Way Research Handbook on Environment, Health Grethe Cammermeyer, who, after a long to Carnegie: Practice, Practice, Practice,” BC and the WTO, edited by Geert Van Calster Law in Oct. distinguished career, was thrown out of and Denise Prévost. “A World of Choices.” the military in 1994 for informing supe- New Appointments: Member, Advisory New Zealand Journal of Public and Inter- riors that she was a lesbian. Presentations Board, National Girls Institute established by national Law. “Utilizing Private Voluntary by Colonel Cammermeyer, Rep. Barney the National Council on Crime and Delin- Standards to Extend the Reach of Public quency in Nov. Policy: Private Third-Party Inspections in the Frank, discharged Arabic linguist Alastair Food Safety Modernization Act.” Gamble, DADT lawsuit plaintiff Dr. Laura Judith B. Tracy Galaburda, and Rep. Martin Meehan, first Presentations: “A World of Choices,” key- Associate Professor of Legal Reasoning, sponsor of the bill to eliminate sexual ori- Research, and Writing note address, conference entitled “Enhanc- ing Stability in the International Economic entation discrimination in the military, as Recent Publications: With E. Joan Blum, Order,” New Zealand Centre of International well as many other speakers, enlightened Mary Ann Chirba, and Elisabeth Keller. Economic Law, Victoria University of Wel- and energized audiences at the Law School “What Legal Employers Want and Really lington, Wellington, New Zealand, in July. from 1999 through 2009. Need.” The Second Draft 25, no. 1 (Spring Over the years, hundreds of students’ 2011): 4–5. Activities: As an invited participant, traveled to Israel with a Combined Jewish Philanthro- law school experiences were both bur- Paul R. Tremblay pies faculty study tour in June and met with dened and enriched by the live, real-time Clinical Professor the deputy prime minister and Supreme Court civil rights struggle that called them to Recent Publications: With Paula Galowitz, justice. action. Buttons, ribbons, petitions, debates, Jerome Tichner, and Steven D. Blatt. “Ethical Alfred C. Yen and collaborations across differences per- Issues in Medical-Legal Partnership.” In Pov- Professor and Director of the Emerging vaded the community. Through it all, two erty, Health, and Law: Readings and Cases Enterprises and Business Law Program thoughts helped. First was the gratification for Medical-Legal Partnership, edited by that comes from acting, like a good lawyer, Elizabeth Tobin Tyler et al., 157–180. Dur- Recent Publications: “Early Scholarship to understand, confront, and overcome ham, NC: Carolina Academic Press, 2011. Offers and the NCAA.” Boston College Law Review 52, no. 2 (2011): 585–616. injustice. Second was the knowledge that Works in Progress: With Judith McMorrow. someday, not far off, “Don’t Ask, Don’t Works in Progress: With Joseph P. Liu. Copy- “Lawyers and the New Institutionalism.” Tell” would become just another embar- University of St. Thomas Law Journal (forth- right Law: Essential Cases and Materials. 3rd rassing historical footnote. coming 2012). “The Way to Carnegie: Prac- ed. West Publishing. —Professor Alan Minuskin

42 BC Law magazine | fall /winteR 2011 Baby Talk medical conditions, family leave cannot be communicated with each other—poten- (continued from page 9) debated on its own merits. tially the fingerprint of an agreement. Such policy differences between the EU Two witnesses testified about two dis- Thus, now that the new law has been and the US are due to a number of reasons. cussions with Ahern 10 years earlier, in passed, it is even more necessary than While the upbringing of children is viewed December 1999. The meetings focused before for the EU to mandate paid pater- as a societal responsibility in many Euro- on potentially contracting with Ahern to nity leave, something that it has not done pean countries, Americans tend to have an supply a new gas station the witnesses before. individualistic outlook on life and presume were trying to open on the island. Deposi- Just as mandatory maternity leave that individuals who choose to have chil- tion testimony alleged that in one meeting protects women’s right to an adequate dren should be fully responsible for the when the subject of wholesaler/retailer maternity leave, mandatory paternity leave costs. In addition, the European feminist Ralph Packer came up, Ahern said, “You enables fathers to resist employer pressures movement has struggled for special treat- know we talk.” Witness testimony further to continue working even when they want ment for mothers to allow them to work alleged that during the same meeting Ahern to stay home to care for young children. while maintaining their role as caregivers. made a call on speaker-phone to a person Indeed, mandatory paternity leave provi- Conversely, the feminist movement in the purported to be Packer. Afterwards, Ahern sions will be a strong initiative to encour- United States has focused on the equal treat- told witnesses, “We all work together” and age fathers to “mother” their children, ment of men and women, and equal-rights said, “I talk to Packer frequently.” something both feasible and desirable. feminists fear that laws signaling women’s Both Ahern and Packer denied the con- While the mother-child bond is innate, differences would be harmful to them. versation under deposition. the task of “mothering” need not be per- Suk is correct that America’s anti-pater- “Even if they hadn’t denied it, a con- formed by women alone—anyone can nalistic traditions and the anti-stereotyping versation doesn’t address the fact that “mother” an infant as long as he or she norms of our sex discrimination law have there’s no evidence of an agreement,” says can provide frequent and sustained physi- become obstacles to the reform of our O’Connell. cal contact to the child, be sensitive to the maternity leave provisions. Nevertheless, Though the court called the testimony baby’s signals, and respond promptly to a Fineman’s affirmation of motherhood and “the strongest evidence plaintiffs have baby’s crying. the mother-child bond should inspire leg- advanced,” it ruled that even if the denials Beyond behavioral indices, psychoana- islators and policymakers to recognize the were untrue, Ahern’s actions and state- lysts argue that anyone who has personally urgency to reform laws that merely grant ments demonstrated “at most a whole- experienced a positive parent-child rela- men and women equal opportunities but saler’s attempt to show his leverage over tionship that allowed the development of do not accommodate their differences. a potential wholesale customer …” and trust and individuation in his or her own Because legal paternalism will not work added that Ahern’s alleged comments were childhood has the emotional capabilities to in the US, reform must take the form “vague, ambiguous, and non-probative parent. In addition, research has indicated of educational initiatives—improving the with regard to retail pricing practices.” that fourteen to sixteen weeks of maternity public’s understanding of motherhood and “To me, it didn’t make sense that leave is optimal; anything longer than that motivating fathers to take time off work to denying a conversation took place could might increase indirect costs to employ- care for newborns. While neither maternity mean so much more,” says O’Connell. ers. Hence, if the EU keeps paid maternity nor paternity leave can become mandatory “That was supposed to be the plaintiffs’ leave at fourteen weeks or so and mandates in the US, more generous leave provisions magic bullet. But if it’s a conversation several weeks of paid paternity leave, this will fall in line with reforms that have been about something irrelevant and clients indeed may help to disrupt gendered care- taking place in other social welfare arenas. deny it happened, how can it be pretext giving patterns while keeping indirect costs —Amy Lai ’11 for proving the substance of a price-fixing at a low level. conspiracy?” Unlike the EU, the United States has Tankful of Trouble While case law precedent relative to had no mandatory paid leave for working (continued from page 21) the claim under Sherman was abundant— mothers. The Family and Medical Leave economics sage and Seventh Circuit Judge Act (FMLA) of 1993, aimed to address course he gave him a favorable loan rate. Richard Posner devotes twenty-four pages “the growing conflict between work and What’s more, the money went to improve of his seminal antitrust textbook to plus family” as an effect of economic and social the station with the purchase of new tanks factors—no Massachusetts decisions had changes, provides an eligible employee to store Drake’s gas.” interpreted the price-gouging consumer twelve work weeks of leave during any “It was a mutually beneficial deal,” protection regulation cited by plaintiffs. twelve-month period for the birth or adop- echoes Fidurko of Zizik Powers. The court Nine months after the First Circuit affirmed tion of a child and/or to care for that child. agreed, noting “it is not reasonable to infer the district court’s grant of summary judg- The FMLA has been heavily criticized for [from the loan] that what Drake wanted ment in February 2011, White v. Packer covering only about 40 per cent of the was an illegal agreement to fix prices and remained the only case to interpret the rule. labor force and for providing only unpaid that [the Depot] did so agree.” “Kevin took the lead on this issue at the leave. In addition, it provides the same Plaintiffs reckoned the hardest punch in trial court and appellate level and, hon- amount of unpaid leave per year for an the price-fixing claim was witness testimo- estly, we had discussions about the Mas- employee’s illness as it provides for paren- ny about a series of conversations involv- sachusetts regulation being so vague as to tal leave. Because it does not distinguish ing Drake Petroleum president Jim Ahern. be unconstitutional,” says O’Connell. “But between the incapacity to work as a result The court agreed, based on the indication ultimately, we decided that there were nar- of pregnancy and childbirth from other that two of the defendants’ principals had rower ways to win the case than that route,

www.bc.edu/lawalumni 43 which required getting the attorney general plaintiffs used the Cape Cod mainland for Scholar’s Forum involved, and so on.” comparative pricing. (continued from page 32) As written, the rule states petroleum- “Those numbers hurt them,” says Cain. related business cannot price or sell any “Cape prices were lower before and lower directly suggest that the defendant did petroleum product at an “unconscionably after the market emergency period, but on not commit the crime; rather, it indirectly high” amount during any market emer- a percentage basis, the increase in price was supports innocence by undermining the gency. The regulation further specifies higher on the Cape than on the island.” government’s affirmative evidence of guilt. that a price is unconscionably high if it What’s more, though gross margins “Materiality” is therefore more difficult to represents a “gross disparity” between a) remained high, no defendant station raised assess for impeachment evidence than it is the fee charged in the usual course of busi- gas prices after September 7, and all four for classically exculpatory evidence. ness “immediately prior” to the market dropped their highest price by September The Brady standard asks the prosecutor emergency, or b) the fee for which the same 20. While it’s true the wholesale cost of gas to assess whether the exculpatory evidence, product is readily obtainable by other buy- dropped like a steamship anchor earlier if made known to the jury, could have had ers in the trade area. than that, defendants merely lowered their any reasonable probability of affecting The rule’s failure to define either “gross prices at a much slower rate. the outcome of the trial in light of other disparity” or “immediately prior” left “Prices go up like a rocket based upon evidence of defendant’s guilt. Prudent pros- slightly more than a limited range of per- expectations,” explains Fidurko. “A hur- ecutors are urged to resolve doubtful cases missible interpretations. ricane is coming, sellers anticipate higher in favor of disclosure. With impeachment “Because it was a matter of first wholesale costs, so retail prices rise quick- evidence, however, the prosecutor’s task is impression—no one had ever dealt with it ly. But traditionally, they fall very slowly, far more nuanced and difficult. The pros- before—law was made in this case,” says like feathers.” ecutor must first assess the centrality of the Cain. “In Massachusetts, it’s still the only The appellate court affirmed that the witness to the government’s proof in light case that deals with gross disparity in this consumer-protection regulation does not of the entire case. Then, she must assess regulation and lays out how to apply it.” mandate retailers “decrease their prices as what particular aspect of the witness’s The preexisting void in judicial analysis quickly as their costs decline” following the testimony is likely to be impeached and further underscored the importance of peak of a market emergency. The court’s the importance of that evidence. Finally, defense counsels’ initial move to change analysis: Nothing in the rule suggests that the prosecutor must assess how powerfully the case’s venue to federal court. increases in gross margin alone—absent the particular form of impeachment under- “That really was a big first step in any price increase and accompanied by mines the witness’s credibility. the case: to get out of the state system,” declining retail prices—meets the standard These very complexities with regard to says Cain. “Removing the case to anoth- of a price-gouging claim. impeachment evidence led the Supreme er forum—not to in any way disparage “What the plaintiffs tried to do unsuc- Court in 2002 to rule that the Due Pro- Superior Court judges or any jury on the cessfully was to focus on the price change cess Clause does not require a prosecutor Vineyard—was key. We knew we’d have for one period during a market emergency,” to turn over impeachment information a judge familiar with the antitrust side of says Cain. “Though the gross margins were before a guilty plea. In United States v. things and that the forum wouldn’t be a highest at the end of the market emergency Ruiz, the Court considered impeachment jury trial on the Vineyard, which would period as defined by the plaintiff [because information important only in relation to not have gone well for us.” wholesale prices had dropped], some of the fairness of a trial, and not in regard to “We truly thought it was a fair forum those margins came when the [retail] price the voluntariness of a guilty plea. Since the and also, as a practical matter, the federal stations were charging approached or even court has never created a constitutional courts have more resources and less traffic dropped below prices prior to the market right to discovery in criminal cases, during to handle the nuanced issues we were rais- emergency period.” plea negotiations the prosecutor has no ing,” adds O’Connell. Plaintiffs were unable to prove that constitutional duty to disclose incriminat- Under the terms of summary judg- prices charged by the defendants were ing evidence to the accused (although it ment, defendants agreed to the market anything other than supracompetitive fees certainly has strategic incentives to do so to emergency window identified by plaintiffs, in an oligopolistic market. Nor could they encourage a plea). beginning the day Hurricane Katrina made substantiate that defendants’ high margins Because disclosure of inculpatory evi- US landfall (August 29, 2005) through the during a market emergency were the result dence before a guilty plea is not consti- period following Rita’s landfall (September of a gross disparity in pricing. In the end, tutionally mandated, the Court reasoned 24) and ending on December 1. all that remained were some incendiary that it made little sense to impose a con- On their face, the numbers didn’t look newspaper clippings from the Vineyard stitutional duty on the prosecutor to dis- good for the gas guys. The monthly aver- Gazette. close evidence that tends to undercut such age of defendant’s gross margin per gallon Summer has come and gone in Edgar- affirmative proof. Also, the Court felt that (the difference between what they charged town. This winter’s price for a gallon of imposing a duty to disclose impeachment for gas and their wholesale cost for gas) regular on Beach Road is running about material prior to a guilty plea could reveal ranged from a 38-percent to a 69-percent $4.35. the identity of informants and undercover hike during the market emergency. agents, and jeopardize the physical safety But a closer look at the data provided a Chad Konecky is a contributing writer and security of other potential witnesses measure of salvation. First, in attempting to this magazine. His last article for BC who might be subject to tampering or to demonstrate that Vineyard prices were Law Magazine was “On the Take” in the intimidation. These risks had already been out of step with pricing in the trade region, Spring/Summer 2011 issue. addressed by Congress at the federal level

44 BC Law magazine | fall / winter 2011 www.bc.edu/lawalumni 44 through the Jenks Act, which mandates pointed directives providing guidance to taken a broad construction of Model Rule the disclosure of certain witness statements federal prosecutors about their discovery 3.8(d), the federal courts have been debat- only after the witness has testified on direct obligations, and, in limited circumstances, ing proposals to clarify the rules of criminal examination. by requiring disclosure slightly beyond the procedure with regard to Brady disclosures. The end result after Ruiz is that dis- requirements of Brady. But the department On the heels of the 2009 dismissal of the closure of impeachment evidence is con- has not made any significant concessions high profile prosecution of former Alaska stitutionally mandated before trial, but on impeachment evidence. An impasse Senator Ted Stevens, presiding judge Hon. not before a guilty plea. In addition to the seems imminent, if not already at hand. Emmet Sullivan called for amending Rule theoretical considerations discussed by the Now the ABA Standing Committee on 16 to require disclosure of “all exculpa- Supreme Court in Ruiz, there are several Ethics and Professional Responsibility has tory and impeachment information” to the pragmatic obstacles to mandating disclo- stepped into the fray to propose a broad defense without regard to materiality, and sure of impeachment information at the new interpretation of Model Rule 3.8(d) irrespective of any specific request from guilty plea stage. that has significant implications for discov- the accused. The effect of Judge Sullivan’s First, requiring the disclosure of ery in the guilty plea context. proposal, if enacted, would have been to impeachment information before a guilty Most states have enacted attorney con- require disclosure of all impeachment evi- plea poses a serious timing problem. Evi- duct rules fashioned after ABA Model dence known to the government before a dence is only impeaching if it can be used Rule 3.8(d), which requires prosecutors to guilty plea, unless expressly waived by the to undercut the credibility of a government disclose to the defense information which defendant. At least in part to blunt this witness or exhibits, but the prosecutor may tends to negate the guilt of the accused. momentum for Rule 16 reform, Attorney not yet have decided what witnesses it will On its face, the language of Rule 3.8(d) General Eric Holder appointed a task force call or what exhibits it will introduce. provides little guidance on whether and of experienced prosecutors, investigative Second, requiring disclosure of all how much impeachment information must agents, and information technology profes- impeachment evidence prior to a guilty be turned over to a defendant prior to a sionals from the Department of Justice to plea would cause a delay in criminal pro- guilty plea. In Formal Opinion 09-454, the study discovery practices in federal crimi- ceedings while prosecutors comb their ABA Standing Committee on Ethics and nal cases. Following that study, Deputy files and the files of investigative officers Professional Responsibility stated explicitly Attorney General David Ogden issued an attempting to identify impeachment infor- that Model Rule 3.8(d) was intended to updated directive to federal prosecutors mation, thus undercutting the efficiency extend discovery obligations on prosecu- addressing and reinforcing their disclosure incentive for plea bargaining. Typically, tors beyond constitutional requirements set obligations in criminal cases. Although it is only the process of trial preparation forth by Brady and its progeny. The stand- the Ogden Memo reiterates DOJ’s policy (carefully scrutinizing witness statements ing committee then went on to discuss three that criminal discovery should be broader and police reports, preparing exhibits, re- important respects in which the ethical rule than due process safeguards, the primary interviewing witnesses, etc.) that prompts is broader than constitutional norms. First, focus of the directive is on better training prosecutors to notice discrepancies that the Standing Committee stated that unlike and supervision of prosecutors. It does not can be used for impeachment purposes. Brady, Rule 3.8(d) contains no materiality make any significant inroads regarding the Finally, plea agreements are often element, and exculpatory evidence must be disclosure of impeachment material before a entered into for the express purpose of disclosed to the defendant whether or not guilty plea—in fact, the directive highlights promoting witness privacy and safety. it has a reasonable probability of affecting a number of discretionary considerations Mandating pre-plea disclosure of impeach- the outcome of the case. Second, the stand- that may warrant deviation from the pre- ment evidence might require prosecutors to ing committee concluded that Rule 3.8(d) sumption of “broad and early” discovery, reveal the identity and history of cooperat- requires “timely” disclosure to the accused, including protecting the privacy interests ing witnesses very soon after arraignment, which the committee equated with “as of witnesses, protecting privileged informa- thus risking their physical safety, exposing soon as reasonably practical,” and cer- tion, and protecting the integrity of ongoing them to tampering and intimidation, and tainly in time for the defense attorney to investigations—all of which can be compro- undermining their ability to continue to use the information in plea discussions. mised by pre-plea impeachment disclosures. work with the government on other pend- Finally, the standing committee discussed The Ogden Memo’s focus on heightened ing investigations. Ruiz and opined that disciplinary rule training seems to have been successful in Since Ruiz, members of the profession 3.8(d), unlike constitutional protections, is forestalling Rule 16 reform, at least for who believe that more fulsome evidentiary not waivable by the defendant as part of a now. At its April 11-12, 2011, meeting in disclosures will enhance the fairness and plea agreement. Because the rule dictates Portland, Oregon, the Advisory Committee accuracy of guilty pleas have shifted their the ethical obligations of the prosecuting on Criminal Rules considered and rejected lobbying efforts toward bar disciplinary attorney rather than the substantive rights the draft amendment to Rule 16. authorities and the drafters of rules of of the accused, the committee concluded In the coming months, it is likely that criminal procedure. While the Constitu- that a defendant’s agreement to forego many federal district courts will be debat- tion does not require the disclosure of discovery does not relieve the prosecutor of ing amendments to their local criminal impeachment material prior to a guilty his ethical obligations. This final construc- rules regarding Brady/Giglio disclosures. plea, perhaps ethical standards or court tion of Rule 3.8 has potentially widespread Meanwhile, state supreme courts will be rules should do so. Yet the Department of repercussions for state and federal prosecu- deciding whether to adopt the ABA’s broad Justice has strategically forestalled efforts tors, who routinely include discovery waiv- interpretation of Model Rule 3.8(d) in con- to amend Rule 16 of the Federal Rules ers as part of plea agreements. struing state bar disciplinary rules. In both Criminal Procedure by issuing a series of At the same time that the ABA has arenas, a focal point of controversy is likely

www.bc.edu/lawalumni 45 to be the pre-plea disclosure of impeach- discovery to defendants prior to a guilty In Closing ment evidence. The crux of that debate is plea, while at the same time protecting (continued from page 60) twofold: 1) are attorney conduct rules or other important interests such as witness rules of criminal procedure the better vehi- safety and privacy, is to take a categorical officers of Congress—perhaps the Speaker cle for regulating a prosecutor’s pre-plea approach to pre-plea impeachment disclo- of the House, the House Republican cau- discovery obligations?; and, 2) how much sures. If any changes are contemplated in cus, the Senate Republican caucus, or impeachment evidence should a prosecutor this area, state and federal rules of criminal maybe even the entire Congress—file a be required to disclose before a guilty plea? procedure might be amended to require the lawsuit in a federal court against the Presi- Attorney conduct rules impress me as disclosure of certain categories of impeach- dent, seeking a judicial decision overturn- a very poor vehicle to convey and enforce ment information prior to a guilty plea, on ing his unilateral action and declaring it a prosecutor’s pre-plea disclosure obliga- the presumption that more often than not unconstitutional. tions. Prosecutors are seldom disciplined those categories of impeachment evidence But that lawsuit would have been dis- for failing to turn over material exculpa- will be critical to a defendant’s decision missed faster than the final leg of the tory evidence prior to trial, even where whether to plead guilty or proceed to trial. 4x100 meter relay. Why? Because the the misconduct has been identified by Two particular forms of impeachment federal court would have dismissed the an appellate court upon reversal of the material strike me as serious enough to lawsuit as beyond the scope of its pruden- criminal conviction, and even where the potentially undermine our confidence in tial jurisdiction. misconduct is intentional. Given the rarity the voluntariness and accuracy of guilty Federal courts have bound themselves of disciplinary enforcement actions against pleas. One is a witness’s inability or failure to something known as the political ques- prosecutors for violating their trial obliga- to identify the defendant during a pre- tion doctrine, which counsels courts to tions, it is highly unlikely that attorney trial identification procedure. In a case refrain from deciding matters that are bet- conduct boards would have the resources that hinges on identification, the failure of ter left resolved by the political process. or the resolve to bring enforcement actions a witness to identify the defendant when Historically, those matters have includ- against prosecutors for discovery violations given an opportunity to do so is perhaps ed foreign and international affairs—for where the defendant has waived trial and the most damaging form of impeach- instance, the conduct of war and the power pleaded guilty. Moreover, recent studies ment imaginable, bordering on the fac- to enter into treaties—as well as impeach- show that prosecutors seem to be unaffect- tually exculpatory. The other powerful ment and constitutional amendments. ed by the rules of professional conduct, at form of impeachment evidence is promises, In this particular case of the debt ceiling, least in the discovery context. A prosecutor rewards, and inducements to a government the federal court adjudicating a hypotheti- is unlikely to heed a broad interpretation witness. This evidence may be critical not cal congressional lawsuit against the Presi- of Rule 3.8(d) with regard to the disclosure only to show a motive by the witness to dent would have chosen to stay out of the of impeachment material in the face of a fabricate, but also to allow the defendant political thicket, in deference to the political directly contrary ruling by the Supreme to assess whether the actions of a coop- process and to preserve its political capital. Court interpreting the Due Process Clause. erating witness during the investigation The President would have been left The ultimate question is whether local may be attributable to the government for standing alone, to be sure, perhaps with rules of criminal procedure should attempt purposes of raising an entrapment defense. fewer congressional allies by his side than to undo in any fashion the holding of Ruiz, The practical result of such a bifurcated ever before. Impeachment threats could and require the disclosure of certain forms approach is to require disclosure of the have likely followed, but those would have of impeachment material before a guilty most important and damaging forms of quickly faded given just how favorably plea, absent waiver. Rules of criminal impeachment information prior to a guilty Americans would have come to regard the procedure are a far more promising vehicle plea, but to authorize the government to President for his decisive, imperative, and for regulating pre-plea impeachment dis- delay other impeachment disclosures (such vital emergency action in defense of the closures than attorney conduct rules, for as mental or physical impairment of wit- national interest. at least three reasons. First, the courts nesses, or their prior acts of dishonesty) Here is the bottom line: There was are accustomed to regulating discovery in until shortly before trial. The local federal nothing but the President’s own sense of criminal cases and resolving competing rules in the District of Massachusetts take political propriety and constitutional fidel- tensions with regard to fairness, efficiency, just such a categorical approach, and ity to stop him from acting unilaterally to and witness privacy. Second, the rules of appropriately balance the interest of fair- raise the debt ceiling without congressional criminal procedure tend to be enacted at ness, efficiency, and witness privacy. approval. a more granular level of specificity than Should the nation revisit a similar debt attorney conduct rules, which are typi- This article is an abbreviated version of crisis—which is not out of the question cally written in highly generalized terms. “Plea Bargaining, Discovery, and the given just how intensely the Republican Third, the courts have a broader array Intractable Problem of Impeachment Dis- Congress appears committed to dealing the of case-based sanctions available to them closures,” 64 Vand. L. Rev. 101 (2011), President a catastrophic defeat—the Presi- for discovery violations, such as exclusion which has been awarded the second annual dent should act unconstitutionally to defend of evidence, contempt, fines, attorney fee Fred C. Zacharias Memorial Prize for the twin interests of national economic sol- awards, adverse jury instructions and, Scholarship in Professional Responsibility vency and stability in global markets. where extreme prejudice can be shown, from the AALS Section on Professional dismissal of an indictment. Responsibility. The prize was awarded for Richard Albert, an assistant professor at The most promising option for juris- the best article on legal ethics published in BC Law School, specializes in constitu-

dictions seeking to provide more fulsome 2011. Access the full article at ssrn.com. tional law, theory, and politics. j u dy san d ers

46 BC Law magazine | fall / winteR 2011 2010–2011 Report on Giving the bc law campaign committee

Honorary Senator John Kerry ’76 Representative Edward Markey ’72 Thomas Reilly ’70 Warren Rudman ’60 Representative Robert “Bobby” Scott ’73

Chairs/Co-Chairs John Boc ’74 David Donohue ’71 Christopher Mansfield ’75 David Weinstein ’75

Members John Bronzo ’74 Joanne Caruso ’86 James Champy ’68 Kevin Curtin ’88 Barbara Cusumano ’08 John Hanify ’74 Donald Keller ’82 Michael Lee ’83 Joan Lukey ’74 John Montgomery ’75 Jeanne Picerne ’92 Michael Puzo ‘77 Joseph Vanek ’87

The Report on Giving recognizes all Considerable care has gone into the errors to our attention. You may contact donors who made a gift to Boston preparation of the Report on Giving. Lindsay Allen, associate director of law College Law School during the fiscal year Each donor is very important to us and annual giving, by phone at 617-552-0054 spanning June 1, 2010 to May 31, 2011. every effort has been made to ensure or by email at [email protected]. Any gift recorded before June 1, 2010 that no name has been missed or appears We appreciate the support of BC Law was part of last year’s totals and report; incorrectly. If we have omitted, mis- spouses and partners; however, we have any gift recorded after May 31, 2011 spelled, or incorrectly recorded a name, only included alumni and friends who have will be recognized in next year’s report. we sincerely apologize. Please bring any made a direct gift during the 2011 fiscal year.

48 BC Law magazine | Fall / Winter 2011 [ R ep o rt o n G i v in g ]

The Dean’s Council Giving Societies

The Dean’s Council recognizes the generosity of the many alumni and friends of Boston College Law School who make leadership commitments of $1,500 or more ($1,000 for graduates of five years or fewer) for any purpose in each fiscal year.

The St. Thomas More Society The St. Thomas More Kimberly L. Dacier Corporations and ($100,000 or above, cash or pledge) Society Paul T. Dacier Foundations This premier level of the Dean’s Council Alumni Ronald R.S. Picerne Amabile & Burkly BC Law Publications Trust honors St. Thomas More, who epitomizes the James A. Champy ’68 Corporations and David A. T. Donohue ’71 Foundations Bellotti Law Group PC amalgamation of intellect and virtue that Berlandi Family Fund Friends Greater Boston Legal we strive for at Boston College Law School. Bonner Kiernan Trebach John F. Donohue Services, Inc. St. Thomas More was a renowned English & Crociata LLP Frances Lynn Robinson Boyle, Shaughnessy Renaissance lawyer and scholar, declared by & Campo PC CMGRP, Inc. Corporations and Pope John Paul II to be “the heavenly Patron ExamWorks Cosgrove, Eisenberg & Kiley PC Foundations of Statesmen and Politicians.” Gargiulo/Rudnick LLP Davis, Robinson & Molloy LLP Arbella Charitable Giant Glass Co., Inc. Delahunt For Congress Foundation, Inc. Eastern Bank Charitable The Huber Society ($50,000 or above, Wallace Minot Leonard Foundation Liberty Mutual Group, Inc. Foundation cash or pledge) The Slizewski Society Ernst & Young LLP This society demonstrates the regard and The Huber Society Ferriter Scobbo Rodophele Alumni gratitude felt by so many alumni and faculty Alumni Francis J. Lynch, JD, PC Danielle Salvucci Black ’96 toward Dean Richard G. Huber. During his John F. Boc ’74 General Reinsurance Corporation Richard P. Campbell ’74 Roger M. Bougie ’62 Goulston & Storrs tenure as dean, he spearheaded additions Katherine Litman Cohen ’76 Robert D. Keefe ’72 Kelliher Samets Volk to the faculty, the acquisition of the current John J. Curtin ’57 James E. McDermott ’80 Law Offices of Peter E. Flynn PC Newton Campus, the first joint degree and Karen G. Del Ponte ’83 Raymond F. Murphy ’61 Newbury Corporation several new law reviews. However, for many, Leonard F. DeLuca ’77 Mark V. Nuccio ’83 O’Dwyer & Bernstien LLP Dean Huber is remembered not only for the Christopher David Dillon ’88 David M. Solomon ’76 Rasky Baerlein Strategic Michael K. Fee ’84 great things he did for the Law School, but Joseph M. Vanek ’87 Communications William P. Gelnaw ’84 for his wonderful and caring nature. Ropes & Gray LLP Friends Michael Alan Hacker ’78 Savings Bank Life Insurance Sharon A. Bazarian Hon. Ellen S. Huvelle ’75 The Barat Society ($20,000) Segalini & Neville James F. Carlin Anne P. Jones ’61 Travaglini, Eisenberg, More than 200 years ago, St. Madeleine Mark C. Kelly ’77 Corporations and and Kiley LLC Sophie Barat founded the Society of the James H. Lerner ’80 Foundations Wilmer, Cutler, Pickering, Hale, and Sacred Heart. Dedicated to educating women, Mintz, Levin, Cohn, Ferris, Glovsky David Leslie ’74 Dorr LLP in 1946 the society established the Newton & Popeo PC Gary P. Lilienthal ’70 College of the Sacred Heart. Our alumni, James Joseph Mawn ’95 The Sullivan Society students, and faculty celebrate the vision, The Barat Society William A. McCormack ’67 Kathleen M. McKenna ’78 Alumni courage, and resolve exhibited by people Alumni Peter A. Alpert ’89 Kathryn Jean Barton ’87 Catherine Oliver Murphy ’79 such as St. Madeleine Sophie Barat. David L. Batty ’91 James Dawson Carey ’91 Daniel F. Murphy ’75 George G. Burke ’59 Joanne E. Caruso ’85 Raymond F. Murphy ’61 The Slizewski Society ($10,000) Kevin Michael Carome ’82 Robert K. Decelles ’72 Albert A. Notini ’83 Anthony Michael Devito ’78 One of the Law School’s most beloved Lidia B. Devonshire ’80 Robert A. O’Neil ’71 Clover M. Drinkwater ’81 Charles J. Gulino ’59 R. Robert Popeo ’61 professors, Emil Slizewski ’43 was a legend Douglass N. Ellis ’72 Frederic N. Halstrom ’70 Michael J. Puzo ’77 on campus for his Trusts and Estates course. Charles D. Ferris ’61 Paul M. Kane ’70 Patricia Kennedy Rocha ’82 Unstinting in his research and generous spirit, Richard V. Fitzgerald ’77 Jeanne M. Picerne ’92 Kitt Sawitsky ’77 he provided some of the most rigorous and Camille Kamee Fong ’82 Donald M. Keller Jr. ’82 Carla A. Salvucci ’03 rewarding educational experiences at the Law Stephen V. Gimigliano ’83 Brian J. Knez ’84 Steven A. Wilcox ’80 School during his half-century of service. This Paula W. Gold ’67 Joan Lukey ’74 Friends Deborah Beth Goldberg ’83 giving society honors Professor Slizewski’s John J. McHale ’75 J. Christopher Amrhein Joseph Goldberg ’68 memory and expresses our gratitude for his Robert C. Mendelson ’80 Hon. Mary L. Amrhein Stephen B. Goldenberg ’67 loyalty, perseverance, and knowledge. John T. Montgomery ’75 Patricia Bailey Helene W. Haddad ’83 Michael J. Richman ’85 Thomas S. Carpenter Mark E. Haddad ’83 Jeffrey S. Sabin ’77 The Sullivan Society ($5,000) Jay M. Cashman John D. Hanify ’74 James F. Stapleton ’57 Richard S. Sullivan ’39 was a trailblazer who Edmund J. Doherty Sr. Thomas Henry Hannigan ’79 Debra Brown Steinberg ’79 John Robert Dowling helped to transform a fledging program in Christopher P. Harvey ’86 John A. Tarantino ’81 William H. Dumouchel John E. Henry ’91 labor and trade law into a major focus at the Arthur G. Wiener ’68 Andrea Gargiulo Harold Hestnes ’61 Law School. His example encourages the Law Thomas A. Zaccaro ’84 Thomas R. Kiley Joseph M. Hinchey ’80 School to continue its tradition of excellence Friends Alton V. Morisi Linda J. Hoard ’81 and forge new traditions in emerging areas Anonymous Jeannette M. Orsino Robert P. Joy ’75 of the law. Elaine M. Boc William M. Kargman ’67

www.bc.edu/lawalumni 49 [ R ep o rt o n G i v in g ]

The Houghteling Society ($2,500) Judith Ann Malone ’78 Robert S. Farrington ’76 Anne O’Connor McCrory ’89 Richard A. Feinstein ’77 For nearly a quarter of a century, Professor Hugh G. McCrory ’86 Peter W. Fink ’70 James L. Houghteling’s intellectual curiosity Andrew J. McElaney ’70 Julia B. Glazer ’09 and enthusiasm touched generations of Paul D. Moore ’76 Robert Alan Griffith ’78 BC Law students. His passion for learning Michael F. O’Friel ’85 Jane C. Harper ’07 permeated his classroom teaching and Donal J. Orr ’83 Meghan Monahan Hart ’99 inspired countless lawyers to continue in Jodi M. Petrucelli ’92 Robert B. Hoffman ’76 their exploration of the law, well beyond Kevin P. Phillips ’75 John B. Hogan ’52 their law school days. Rodolfo Pittaluga Jr. ’85 Paul D. Jarvis ’72 Walter B. Prince ’74 Maria L. Jose ’86 Francis D. Privitera ’56 Michael A. Kaneb ’09 The Dooley Society ($1,500, $1,000 for David Mitchell Rievman ’87 Jane Lisman Katz ’72 recent graduates of five years or fewer) Lauren Stiller Rikleen ’79 James F. Kavanaugh ’77 As the Law School’s first dean, Dennis Sander A. Rikleen ’76 Andrew R. Kosloff ’73 A. Dooley brought vigor and innovation Charles F. Rogers ’75 Louis P. A. Lehot ’00 to his vision. His dynamic administrative James L. Rudolph ’75 John J. MacDonald ’77 leadership and engagement with the Herbert J. Schneider ’64 John K. Markey ’73 broader community laid the foundation for Hon. Ramona Gail See ’85 Lawrence A. Maxham ’66 the Law School’s future prosperity. Deborah C. Segal ’90 Walter K. McDonough ’87 Lawrence R. Sidman ’73 Erin E. McFeron ’05 Robert J. Weber ’92 Kevin M. McGinty ’90 David C. Weinstein ’75 James M. Micali ’73 Richard R. Zaragoza ’69 Tracy A. Miner ’85 Friends Elizabeth Grace Moulds ’99 Janet R. Corcoran Robert J. Muldoon ’65 Alan B. Curtis Frank R. Newett ’72 Gail Eagan Paula Pugh Newett ’74 John D. Norberg ’95 George M. Kunath ’73 Beth Ann Elliott Calloway Laboratories, Inc. Conor R. O’Brien ’09 Mark Leddy ’71 Ray D. Madoff Hugh Johnson Advisors LLC Jo Ellen Ojeda ’79 Michael H. Lee ’83 David A. Nicholas Law Office of Frank Prokos LLC Philip D. O’Neill ’77 Sarah Salter Levy ’81 Daniel O’Connell LeClairRyan Margaret J. Palladino ’85 Thomas W. Matthews ’09 Gayle O’Connell Packy Scholarship Fund Kathleen King Parker ’75 David A. McKay ’85 Robert F. White Associates, Inc. Corporations and Denise Ann Pelletier ’95 Daniel J. Meehan ’72 Scope Medical Foundations Meyer H. Potashman ’06 Mark C. Michalowski ’85 Byrne & Drechsler LLP Stone River Stuart L. Potter ’65 Ann L. Milner ’86 The Kraematon Group, The Eleanor F. Langan Foundation Joseph J. Recupero ’73 M.J. Moltenbrey ’84 Communications Corp. of 1997 Denis G. Regan ’62 Michael Edward Mone ’96 Brown Rudnick Berlack Israels The Plymouth Rock Foundation Shannon M. Roberts ’10 Thomas O’Halloran ’80 Future Technologies Group, Inc. Fradique A. Rocha ’80 Kathleen O. Pasqualini ’90 The Houghteling Massachusetts Property Insurance Lisa Allen Rockett ’96 David B. Perini ’62 Society Katherine M. Romano ’07 Kenneth S. Prince ’75 The Dooley Society Alumni David Philip Rosenblatt ’82 Deirdre O’Connor Quinn ’90 William T. Baldwin ’75 Alumni Hon. Barbara J. Rouse ’73 Mary A. Rathmann ’86 Andrew Peter Borggaard ’96 Marco E. Adelfio ’82 Mary K. Ryan ’77 Gary Stewart Rattet ’78 Jennifer M. Borggaard ’96 Oliver F. Ames Jr. ’90 Meaghan L. Sanders ’08 Loretta Rhodes Richard ’88 Thomas R. Burton III ’96 Nelson G. Apjohn ’81 Ettore A. Santucci ’85 Marjory D. Robertson ’82 Michael F. Coyne ’83 Martin L. Aronson ’58 Barbara M. Senecal ’82 Edward I. Rudman ’62 Hon. Dominic F. Cresto ’60 Adam M. Baker ’08 Steven E. Sexton ’05 Kimberly L. Sachse ’89 Julian J. D’Agostine ’53 Jeffrey D. Bears ’09 Brenda Ruel Sharton ’90 Jon D. Schneider ’68 James L. Dahlberg ’81 Kenneth M. Bello ’81 Marianne D. Short ’76 Kathleen E. Shannon ’75 Jean-Charles Dibbs ’85 Brigida Benitez ’93 Jeffrey P. Somers ’68 Lawrence O. Spaulding ’72 Jaffe D. Dickerson ’75 Steven N. Berk ’85 Frances Clohessy Spillane ’58 Paul E. Sullivan ’69 Edith N. Dinneen ’73 Bernard David Berman ’95 Jovi Tenev ’78 Neal C. Tully ’73 Deirdre E. Donahue ’81 Michael John Bevilacqua ’82 J. Owen Todd ’60 Robert J. White ’59 J. Joseph Elliott ’51 Robert M. Bloom ’71 Margaret S. Travers ’69 Friends Scott A. Faust ’85 Peter R. Blum ’63 Thomas H. Trimarco ’65 John Addonizio Faye A. Florence ’84 Thomas W. Bridge ’86 John P. White ’54 Craig R. Browne David Thomas Gay ’70 Jonathan Bryan Brooks ’99 James P. Whitters ’69 David Hattman Tren J. Griffin ’80 Philip H. R. Cahill ’48 Mark D. Wincek ’76 Steven A. Jacobs Edward P. Henneberry ’70 Kevin B. Callanan ’67 James J. Yukevich’78 John Kittel Edward T. Hinchey ’81 Thomas J. Carey ’65 Jerold Lorin Zaro ’76 Robert M. MacPherson Janet Lynn Hoffman ’82 Robert C. Chamberlain ’81 Friends Michael J. McCormack Anne Rickard Jackowitz ’89 Kim L. Chisholm ’83 Tracy M Hurley John J. McGlynn Adolfo E. Jimenez ’90 Hon. Denis P. Cohen ’76 William Hurley Joseph E. O’Neil Patrick Thomas Jones ’78 Gregory Francis Corbett ’99 Beverly J. Tangvik Jacqueline Robinson Arielle D. Kane ’02 Gregory Cortese ’74 Michael B. Weinberg John F. Keenan ’60 Walter W. Curcio ’58 Corporations and Dorothy Ostrow Stephen Wells Kidder ’78 David P. Curtin ’85 Foundations Dennis R. La Fiura ’77 Thomas Paul Dale ’82 Corporations and Boston Celtics Shamrock Douglas J. MacMaster Jr. ’58 Cece Cassandra Davenport ’96 Foundations Foundation Steven G. Madison ’81 Edmund DiSanto ’78 Holland & Knight LLP The Jacobson Group

50 BC Law magazine | Fall / Winter 2011 [ R ep o rt o n G i v in g ]

Class Giving Report

The Law School’s Class Giving Report recognizes the generosity of the many alumni, students and friends who contribute to the school. We appreciate the support of BC Law spouses and partners; however, we have only included alumni and friends who have made a direct gift during the 2011 fiscal year.

Alumni Hon. Robert T. Wallace Robert J. White Denis G. Regan Hon. Paul F. Healy Jr. 1947 John P. White 1960 Edward I. Rudman Philip F. Hudock Walter F. Sullivan 1955 Philip T. Breen Ernest T. Smith Paul R. Lawless Robert F. Sylvia Robert G. Lian 1948 Stephen A. Fanning Brian T. Callahan Richard A. Foley Richard W. Coleman Kenneth H. Zimble William J. McDonald Philip H. R. Cahill John F. McDonough Charles W. Capraro John A. O’Callaghan Hon. Dominic F. Cresto 1963 Alfred C. Toegemann Richard E. Daly Norman Baker Arthur P. Menard Daniel A. Healy Robert J. Muldoon 1956 Marcel Charles Durot Forrest W. Barnes 1949 David B. Finnegan Peter R. Blum Hon. Richard W. Norton Robert C. Currivan Wilfred J. Baranick Stuart L. Potter David J. Fenton Robert A. Gorfinkle Donald Brown William Gabovitch Hon. Edward F. Harrington Michael J. Dorney Nick Soloway Thomas J. Kelly Paul A. Kelley Thomas H. Trimarco Vincent Marzilli John S. Holland Joseph P. Foley Hon. J. Albert Lynch Richard F. Hughes Richard M. Gaberman 1966 Robert D. O’Leary Francis D. Privitera Hon. John A. Tierney John F. Keenan Richard W. Hanusz Robert F. Arena John R. Serafini Hon. Joseph Lian Jr. Hon. Herbert H. Hodos Paul F. Beatty 1950 1957 Hon. William A. McCarthy Daniel J. Johnedis Michael D. Brockelman Charles J. Alexander Hon. Conrad J. Bletzer Sr. Hon. Robert C. McGuire Joseph Maney Crystal C. Campbell Joseph F. Baffoni Philip H. Cahalin Robert E. McWalter Robert E. McLaughlin Samuel J. Concemi Hon. L. John Cain John M. Callan Elwynn J. Miller Anthony A. McManus Robert J. Desiderio Hon. Joseph F. Deegan Jr. Hon. Clifford J. Cawley Daniel J. O’Connor John D. O’Reilly Robert C. Engstrom Ralph S. Inouy Thomas J. Crowley Philip W. Riley Hon. Joseph H. Pellegrino Brian J. Farrell Hon. Kenneth F. McLaughlin John J. Curtin Bruce N. Sachar Donald P. Quinn Thomas J. Grady Hon. Alfred L. Podolski Leo A. Egan Francis J. Shea Dr. Alvan W. Ramler Hugo A. Hilgendorff Ellen McDonough Good Allan B. Solomon Lewis Rosenberg John W. Kaufmann 1951 William E. Hickey Hon. Howard J. Camuso J. Owen Todd C. Ronald Rubley Cyril A. Krenzer Hon. Richard P. Kelleher Kenneth T. Weafer John M. Russell George B. Leahey Hon. Thomas J. Carroll Marie Clogher Malaro Hon. Bruce H. Segal (Ret) Thomas M. Marquet J. Joseph Elliott John R. Malloy 1961 George P. Khouri Daniel Briansky John R. Walkey Lawrence A. Maxham Joseph E. Marino Hon. John K. McGuirk Hon. Vincent A. Ragosta George H. Parsons Raymond I. Bruttomesso 1964 Eugene J. Ratto Richard P. Delaney Charles B. Abbott Frederick Pritzker Edward J. Powers Dennis J. Roberts William J. Reynolds Charles M. Rose John J. Desmond Michael F. Bergan Stanley C. Urban Frank G. Dewar Edward Bograd James N. Schmit Thomas P. Salmon C. Charles Smith 1952 James F. Stapleton Charles D. Ferris Richard M. Cotter Hon. Sheila McCue Hennessey Robert J. Donahue Thomas F. Sullivan Francis X. Bellotti Michael F. Walsh Robert W. Welch Hon. Thomas H. Corrigan Edward E. Williams Harold Hestnes Charles A. Lane Hon. John P. Curley Jr. Anne P. Jones Robert P. Leslie 1967 1958 James A. King T. Kenwood Mullare Hon. Charles A. Abdella James C. Farrington Martin L. Aronson Norman L. Grant Hugo Liepmann Kenneth R. Nickerson Leland J. Adams Jr. Walter W. Curcio Raymond F. Murphy Martin J. O’Donnell John M. Baker John B. Hogan Richard D. Fountain Hon. John F. Murphy Jr. Ronald F. Newburg Nelson G. Ross Stephen P. Beale Donald G. Harriss R. Robert Popeo Herbert J. Schneider Charles T. Callahan James P. Quirk Raymond J. Kenney Jr. Robert C. Robinson T. David Raftery David J. Shapiro Kevin B. Callanan Douglas J. MacMaster Jr. Robert J. Robertory Stephen W. Silverman Carl J. Cangelosi 1953 Kieran T. Ridge Edward A. Roster James R. Skahan Peter S. Casey Hon. Robert C. Campion Lawrence A. Ruttman Ernest B. Sheldon Joseph H. Spain Leonard F. Conway Julian J. D’Agostine Frances Clohessy Spillane Hon. Anthony A. Tafuri Jerome M. Tuck Anthony J. DeMarco Margaret E. Lillie 1959 Hon. Sarkis Teshoian Paula W. Gold Robert P. Malone 1965 George G. Burke Peter Van Howard Jay Alperin Stephen B. Goldenberg James M. McDonough Cornelius S. Donoghue Constance Jane Betley William M. Kargman Paul F. X. Moriarty 1962 Albert E. Good Roger M. Bougie Edward M. Bloom Robert J. Kates Lawrence G. Norris Francis W. Gorham Pierre O. Caron Alan A. Butchman Lawrence A. Katz Bradley Ryan Irving L. Greenbaum Hon. Robert W. Clifford Thomas J. Carey James H. Klein Raymond A. Terfera Charles J. Gulino John J. Connors Rae B. Condon Daniel B. Kulak David W. Walsh Peter B. Higgins Charles W. Dixon James J. Coogan James J. Lawlor 1954 Hon. John P. Kelly Jay S. Hamelburg Joseph L. De Ambrose Edward A. Lenz John M. Casey Robert S. Lappin John R. Kenney John F. Dobbyn Frederick S. Lenz Hon. John E. Fenton Jr. Owen B. Lynch Douglas C. Manchester Thomas J. Dorchak Robert E. McCarthy Everett B. Horn Melvin Norris Robert J. Martin Joseph Engler William A. McCormack John H. O’Brien Francis X. Quinlan Donald J. Orkin Sidney P. Feldman David L. Murphy Hon. James A. Redden James C. Vogt David B. Perini Hon. Douglas R. Gray Gerald F. Petruccelli

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Charles P. Reidy Ruby Roy Wharton David A. T. Donohue Terrance J. Hamilton Lora C. Pepi Peter N. Rogers James P. Whitters Seth H. Emmer Leonard C. Jekanowski Walter B. Prince Michael H. Rudy John V. Woodard James W. Flood Thomas J. Kelley James M. Puopolo Terence M. Troyer Richard R. Zaragoza John J. Gillies Andrew R. Kosloff Theodore S. Sasso Richard D. Zaiger 1970 Robert L. James George M. Kunath Barbara Ellen Schlaff 1968 Michael J. Addis John B. Johnson Roger P. Law Hon. Sarah B. Singer Robert G. Agnoli Michael R. Berlowitz David L. Kent Philip S. Levoff Michael Sloman Peter A. Ambrosini Louis B. Blumenfeld Mark Leddy Hon. Stephen M. Limon Paul B. Smyth James A. Champy Richard S. Bowers William M. Leonard William H. Lyons Larry S. Solomon Hon. John P. Connor Jr. Charles J. Bowser Aaron A. Lipsky John K. Markey Gerard A. St. Amand Hon. John A. Dooley James J. Brennan Gerald F. Lucey John W. Marshall Hon. Jeremy A. Stahlin Jason Y. Gans Hon. Andrew J. Chwalibog Thomas F. Maffei Edward J. McCormack Christopher J. Sterritt Joseph Goldberg Robert C. Ciricillo John J. Marotta Lawrence G. McDade John W. Townsend Cornelius J. Guiney Stephen D. Clapp Robert A. O’Neil Alan J. McDonald Hon. Brendan J. Vanston David F. Hannon Gerald S. Cohen Jon S. Oxman Paul F. McDonough Leonard S. Volin E. J. Holland Robert S. Cohen John B. Pound Alexander M. McNeil Michele A. Von Kelsch John J. Joyce Mary M. Connolly Robert C. Prensner Michael B. Meyer Thomas M. Walsh David J. Levenson Thomas A. Coughlin Robert W. Russell Dennis M. Meyers Edward R. Wirtanen John R. McFeely Thomas M. Cryan Susan J. Sandler Stuart D. Meyers Louis C. Zicht Charles K. Mone Michael J. Dale William T. Sherry James M. Micali 1975 Peter J. Morrissette Stephen R. Delinsky Hon. John M. Solovan II Samuel Mostkoff Jan Akre Michael E. Povich Edward J. Dimon Judith Soltz John A. Murphy Berndt W. Anderson Grier Raggio Christopher E. Doyle Mark Stone John B. Murphy William T. Baldwin John J. Reid Claire Fallon Maurice H. Sullivan James F. O’Brien David M. Banash Jon D. Schneider John M. Farrington Joseph R. Tafelski James E. O’Connor Kevin B. Belford John R. Shaughnessy Peter W. Fink Marcia McCabe Wilbur V. Grady O’Malley Larry E. Bergmann Jeffry A. Sherbakoff Edward L. Finn Judith Koch Wyman Steven L. Paul Michael J. Betcher Dennis J. Smith David Thomas Gay 1972 Joseph J. Recupero Howard W. Burns Jeffrey P. Somers Charles B. Gibbons Raymond G. Bolton Patricia R. Recupero Paul F. Callan Joseph F. Sullivan James S. Goldberg Peter H. Bronstein Paul G. Roberts Ann Clarke William C. Sullivan Marc J. Gordon Daniel E. Callahan Peter T. Robertson Elizabeth A. Deakin Robert F. Teaff Frederic N. Halstrom Paul K. Cascio Hon. Barbara J. Rouse Jaffe D. Dickerson Peter W. Thoms Mark P. Harmon Bruce Chasan Lawrence R. Sidman Robert F. Dore Robert D. Tobin Edward P. Henneberry Terrance P. Christenson Robert C. Sudmyer Shelley McIntyre Draper Joseph J. Triarsi Donald C. Hillman John E. Coyne Neal C. Tully Howard L. Drescher David Patrick Twomey Frances X. Hogan Robert L. Dambrov Joseph P. J. Vrabel Ellen Mattingly Driscoll Arthur G. Wiener Fred Hopengarten Robert K. Decelles Richard M. Whiting Randolph H. Elkins David M. Winer Justin P. Hughes Douglass N. Ellis 1974 Steven B. Farbman 1969 Paul M. Kane Michael S. Greco Thomas J. Berry Stephen K. Fogg Richard A. Aborn Stephen J. Keating Paul D. Jarvis John F. Boc James A. Frieden Roger C. Adams Joseph M. Kozak Robert J. Kane Mark B. Brenner Kevin P. Glasheen Merrill A. Bookstein Willard Krasnow Jane Lisman Katz John F. Bronzo Wendy S. Harrison Thomas H. Brown Edward J. Krisor Robert D. Keefe Richard P. Campbell Bruce A. Haverberg David M. Cobin Hon. Robert F. Kumor Edward L. Kirby Susan E. Condon Mary Ann Higgins Hon. James M. Cronin Gary P. Lilienthal Timothy E. Kish Hon. Lynda Murphy Connolly Ruth S. Hochberger Michael R. Deland Peter G. Marino Dennis J. LaCroix Loring A. Cook Hon. Ellen S. Huvelle John J. Egan James F. McConville Daniel J. Meehan Gregory Cortese Robert P. Joy Leo F. Evans Andrew J. McElaney Carol Williams Melaugh J. Elizabeth Cremens Richard G. Kent Paul C. Fournier Joseph P. McEttrick Roland E. Morneau Lodowick F. Crofoot Betty Kornitzer Dana H. Gaebe Michael J. Mellen James H. Murray Joseph W. Downs III Susan Kagan Lange David A. Gilbert David S. Mercer Frank R. Newett Mary E. Downs Anne Maxwell Livingston Robert J. Glennon Jr. John M. Moscardelli Joseph R. Palumbo Ann L. Ekstrum Paul F. Lorincz John E. Glovsky Hon. Richard T. Moses Tyrone Mark Powell Hon. Daniel A. Ford Joseph C. Maher Hon. Robert V. Greco Vincent A. Murray Neil S. Richman Paul A. Francis Christopher C. Mansfield Gerald J. Hoenig Terence P. O’Malley Alfred L. Singer Katherine M. Galvin Ronald C. Markoff Stephen L. Johnson Alan K. Posner Mark L. Snyder John Wright Gibbons Pamela Basamania Marsh Daniel E. Kleinman Stanley M. Poster Lawrence O. Spaulding Hon. Robert M. Graham Kathleen F. McCarthy Alan M. Lestz Gary B. Richardson James C. Sturdevant Patricia C. Gunn Larry J. McElwain Edward J. Lubitz Norman C. Sabbey Bonnie G. Wittner John D. Hanify Terence A. McGinnis Alan G. MacDonald Anthony B. Sandoe Florence A. Wood Michael B. Isaacs John J. McHale Richard S. Moody Richard J. Schulman 1973 Alan J. Kaplan Catherine D. McMahon William J. O’Neil Walter R. Smith Donald L. Becker E. Tupper Kinder Hon. Richard B. McNamara Joseph Parker Joseph C. Tanski Dennis J. Berry Gary H. Lefkowitz Ruth E. McNiff Thomas D. Pawley Michael C. Towers Robert Brown David Leslie John T. Montgomery Richard M. Shaw Hon. Mark W. Vaughn James G. Bruen Benjamin M. Levy Daniel F. Murphy Hon. Mitchell J. Sikora Stephen W. Webster Frances M. Burns Joan Lukey Kathryn Cochrane Murphy Michael M. Sullivan 1971 Bruce H. Cohen Lawrence H. Mandell Philip E. Murray Paul E. Sullivan Robert M. Bloom Edith N. Dinneen Martin J. McMahon Marshall F. Newman Leo W. Tracy Hon. Raymond J. Brassard James C. Donnelly Jr. Kevin J. Moynihan Bruce A. Nicholson Margaret S. Travers George H. Butler Robert D. Fleischner Peter A. Mullin J. Norman O’Connor Peter J. Tyrrell Richard M. Canzano John W. Giorgio Douglas M. Myers Clifford Orent Michael C. Veysey Edwin R. Chyten Hon. John J. Goger Paula Pugh Newett Mark L. Ostrovsky Barry L. Weisman Christopher F. Connolly Donald A. Graham Eliot Norman Kathleen King Parker

52 BC Law magazine | Fall / Winter 2011 [ R ep o rt o n G i v in g ]

Stephen Parker Barbara J. Stedman Mark N. Berman Robert B. Hoffman Peter S. Maher George E. Pember William S. Stowe Roger J. Brunelle David A. Howard Daniel P. Matthews Marcia Allara Peraza Robert E. Sullivan Laurie Burt Thomas P. Jalkut Michael J. McEneaney Jean S. Perwin Michael J. Vartain Phyllis Cela Michael D. Jones Denise Corinne Moore Kevin P. Phillips Joseph H. Walsh Hon. Denis P. Cohen Beth A. Kaswan Paul D. Moore Kenneth S. Prince David C. Weinstein Katherine Litman Cohen Sen. John F. Kerry Thomas Hugh Mug Helen S. Rakove Jeffrey M. White Hon. Thomas A. Connors William D. Kirchick Hon. Gilbert J. Nadeau Jr. Hon. William P. Robinson III Carolann Kamens Wiznia Kathy Bourne Cowley James J. Klopper Robert W. Nolting Charles F. Rogers Robert J. Zapf John S. Donahue Roberta S. Kuriloff Alice C. Oliff Stephen R. Rubenstein 1976 Juliet Ann Eurich Steven Lenkowsky Edward O’Neill James L. Rudolph Kirk T. Ah Tye Robert S. Farrington Marion K. Littman Joseph D. Pizzurro Kathleen E. Shannon Michael J. Berey Sara T. Harmon Deborah M. Lodge Deborah A. Posin Donna M. Sherry Vicki L. Hawkins-Jones Robert P. Lombardi Carla B. Rabinowitz

The Shaw Society Establish Your Own Legacy at Boston College Law School

his is the annual listing of the BC Law Shaw Society members THE SHAW SOCIETY This society is named in who have included the University and/or Law School in their honor of Joseph Coolidge Shaw, SJ, who helped estate plans as of May 31, 2011. Each Shaw Society member is found the University through his bequest of books and the proceeds of his life insurance policy. very important to us and every effort has been made to ensure thatT no name has been missed or appears incorrectly. If we have omit- Alumni Edith N. Dinneen ’73 Russell E. Brennan ’34† Thomas T. Lonardo ’73 ted, misspelled, or incorrectly recorded a name, we sincerely apologize. Anonymous ’43† James M. Micali ’73 Please bring any errors to our attention by contacting Michael Spatola Joseph C. Barry ’47† Anonymous ’74 (see bottom of this article). Lawrence J. Fitzgerald ’47† Anonymous ’74 Lawrence S. Flaherty ’47† Joan Lukey ’74 As part of the Light the World campaign, the University has set a goal Walter F. Sullivan ’47 Charles S. McLaughlin ’74 Daniel A. Healy ’48 Anonymous ’75 of 5,000 legacy gifts (e.g., bequests, charitable gift annuities, charitable John C. Lacy ’48 Paul A. Delory ’75 remainder trusts, and lead trusts). The Law School is committed to secur- Hon. Paul V. Mullaney ’48 Hon. William P. Robinson III ’75 ing 500 legacy gifts as part of the larger 5,000 goal set by the University. Anonymous ’49† Phyllis Cela ’76 David R. White ’49† Denis P. Cohen ’76 A legacy gift to Boston College Law School can be as simple as naming George P. Khouri ’51 Robert S. Farrington ’76 Robert W. Blakeney ’52† the Law School as a beneficiary in a will or retirement fund. It is also Edward C. Bassett ’77 John B. Hogan ’52 Leonard F. DeLuca ’77 an ideal way for alumni to ensure that their annual giving to the Law Julian J. D’Agostine ’53 Christopher G. Mehne ’77 School will continue in perpetuity. For example, an alumnus or alumna John F. McCarty ’54† Michael J. Puzo ’77 Raymond J. Kenney Jr. ’58 who gives $2,500 each year to the Law School Fund during his or her S. Jane Rose ’77 Hon. James F. Queenan Jr. ’58 Kitt Sawitsky ’77 lifetime can include a $50,000 bequest provision in his or her will for the Anonymous ’59 Gary M. Sidell ’77 Law School, which will produce 5 percent of income or $2,500 each year. George G. Burke ’59 Leonard E. Sienko Jr. ’77 Owen B. Lynch ’59 Ernest Michael Dichele ’78 There are also more sophisticated types of legacy gifts that may either Anthony R. DiPietro ’60 Richard Daniel Packenham ’78† provide donors and their spouses with supplemental income dur- Anonymous ’60 Barry Jay Ward ’78 Elwynn J. Miller ’60 Mary F. Costello ’79† ing their lifetimes or allow them to pass along assets to their heirs at Charles D. Ferris ’61 Jo Ellen Ojeda ’79 reduced tax-savings, while also supporting the Law School. Anne P. Jones ’61 John N. Montalbano ’80 Raymond F. Murphy Jr. ’61 Peter R. Brown ’81 Legacy gifts are critical to Boston College Law School’s educational Anonymous ’62 William F. Grieco ’81 mission and are necessary in order for the Law School to compete with Hon. B. L. Hassenfeld-Rutberg ’65 John Tarantino ’81 Paul J. McNamara ’65 Kevin Michael Carome ’82 other colleges and universities for the best and brightest faculty and Donald W. Northrup ’66 John A. Herbers ’82 students. Colleges and universities that have endowments larger than Robert E. Sullivan ’66 Norma Jeanne Herbers ’82 Boston College have endowments that are funded between 35-40 Jane Tobin Lundregan ’67 Susan Vogt Brown ’83 William J. Lundregan ’67 Karen Del Ponte ’83 percent with money from realized bequests. By comparison, only 1-2 Anonymous ’68 Mark C. Michalowski ’85 percent of Boston College’s endowment is funded with money from James A. Champy ’68 Ellen B. Grieco ’86 realized bequests. Through the Light the World campaign, we hope to James J. Marcellino ’68 Christine P. Ritch ’87 Jeffrey P. Somers ’68 Mark J. Warner ’89 solidify Boston College Law School as being one of the top law schools Peter W. Thoms ’68 Megan Elizabeth Carroll ’92 in the United States. Anonymous ’69 Edward J. Loughman ’93 Robert Costello ’69 Don Joseph Julio Cordell ’94 If you wish to learn more about legacy giving opportunities to Boston William F. Farley ’69 Juan Alexander Concepcion ’03 College Law School, please contact Michael Spatola, assistant dean of Christopher E. Doyle ’70 Edward R. Leahy ’71 Friends capital giving, by phone at 617-552-6017, by email at [email protected], Anonymous ’72 Peter and Marianne Lord or by mail at 885 Centre Street, Newton, MA 02459. Robert C. Ciricillo ’72 Catharine P. Wells

www.bc.edu/lawalumni 53 [ R ep o rt o n G i v in g ]

Robert L. Raskopf Michael L. Tichnor Harry James Magnuson John J. Roddy Eric L. Wilson Sander A. Rikleen David J. Tracy Matthew L. McGrath Michael Roitman Diane Young-Spitzer Janet Roberts Carl Valvo David D. Merrill Linda J. Sanderson Leonard F. Zandrow Marianne D. Short Lawrence M. Vogel Thomas D. Miller Mary Lou Savage Joan Zorza David M. Solomon Eileen D. Yacknin John F. Moriarty Hon. Robert N. Scola Jr. 1982 Mark Stoler 1978 Catherine Oliver Murphy Douglas D. Scott David William Adams Willie C. Thompson Kenneth D. Arbeeny George J. Murphy Larry G. J. Shapiro Marco E. Adelfio Dolph J. Vanderpol Willie R. Brown Susan J. Newton Francine T. Sherman Paul Joseph Ayoub Lucy W. West J. W. Carney John Robert O’Brien Winthrop A. Short Vincent Charles Baird Mark D. Wincek Diane M. Cecero Jo Ellen Ojeda Debbie-Ann Sklar Mark T. Beaudouin Jerold Lorin Zaro Aldo Anthony Cipriano Stephen P. O’Rourke Jeffrey B. Sklaroff Joanne Emily Bell Gerald T. Zerkin Carol Ruffee Cohen John C. Possi Mary P. Squiers Michael John Bevilacqua Eliot Zuckerman John D. Delahanty Thomas P. Ricciardelli Dana J. St. James Kevin Michael Carome 1977 Anthony Michael Devito Lauren Stiller Rikleen Richard E. Tejera Jeffrey A. Clopeck Edward C. Bassett Edmund DiSanto Howard S. Rosenblum Steven A. Wilcox Thomas Paul Dale Andrew N. Bernstein Hon. Eileen Bertsch Donahue William B. Simmons Nancy R. Wilsker Steven Douglas Eimert Rebecca Ellen Book Timothy William Donahue David A. Slacter Dion C. Wilson Edward F. Fay Philip M. Cedar Barbara Ann Fay Debra Brown Steinberg Douglas Wayne Wright Camille Kamee Fong Diana Waterous Centorino George P. Field E. Gail Suchman 1981 Barbara B. Foster Joseph M. Centorino Peter Gerard Flynn Denis J. Sullivan Christopher B. Andrews Ellen Frank Donald Chou Maureen L. Fox Susan A. Weil Nelson G. Apjohn Virginia Warren Fruhan Robert P. Corcoran Robert Alan Griffith Fred D. Weinstein Michael F. Aylward John Hugh Geaney Leonard F. DeLuca Michael Alan Hacker Lynn G. Weissberg Kenneth M. Bello Edward A. Giedgowd Carl F. Dierker Lawrence P. Heffernan Judy Willis Stephen F. Bisbee Edith Adina Goldman Thomas J. Douglas Mary Jo Hollender Benjamin S. Wolf Janet E. Butler Robert L. Goodale Evan Crosby Dresser Patrick Thomas Jones Norah M. Wylie John M. Carroll Kevin T. Grady Hon. Elizabeth M. Fahey Cameron F. Kerry Edward R. Zaval Robert C. Chamberlain Andrew Clark Griesinger Richard A. Feinstein Stephen Wells Kidder Patricia Zincke John Gilmore Childers John A. Herbers Richard V. Fitzgerald Carol Rudnick Kirchick 1980 Richard G. Convicer Norma Jeanne Herbers Edward L. Fitzmaurice Carol G. Kroch Mark J. Albano Donald D. Cooper John M. Hession Mark S. Furman Debra Lay-Renkens Hon. Paul J. Barbadoro Emmanuel E. Crespo Janet Lynn Hoffman Joan A. M. Gearin David Curtis Lucal Thomas A. Barnico Patricia J. Curtis James Wilson Hulbert Martin J. Golub Tim Mahoney Ada-Maria A. Barry James L. Dahlberg Donald M. Keller Jr. Melinda V. Golub Judith Ann Malone Madeline Mirabito Becker Peter A. DelVecchio Sharon Ann Kroupa Thomas L. Guidi Mary Frances McCabe Kathleen C. Caldwell Deirdre E. Donahue Cindy A. Laquidara Christian Haufler Marilyn Shannon McConaghy Eva H. Clark John D. Donovan Jr. Elaine Rappaport Lev Norma J. Iacovo Kathleen M. McKenna Foster Jay Cooperstein Mark W. Dost Alice Marie MacDermott Anne Leslie Josephson William John Midon Mary E. Corbett Clover M. Drinkwater Loretta Leone McCabe James F. Kavanaugh Thomas H. Murphy Louise Richter Corman David W. Ellis Paula Kelly Migliaccio Douglas Keegan Richard Wright Paul Lidia B. Devonshire Bill R. Fenstemaker Neal C. Mizner Mark C. Kelly Richard Elliott Powers Hon. Edward F. Donnelly Deborah J. Goddard Steven Howard Peck Dennis J. Krumholz Gary Stewart Rattet Neil S. Ende Bernard W. Greene Lisa Gail Polan Dennis R. La Fiura Thomas M. Saunders Jack H. Fainberg Dale R. Harger Carol Frances Relihan James F. Lafargue Robert J. Schiller Peter C. K. Fong Kathryn D. Haslanger Richard Joseph Riley Dennis A. Lalli Daniel William Sklar Jonny J. Frank George B. Henderson Marjory D. Robertson Stephen R. Lamson Robert M. Steeg William L. Green Philip H. Hilder Patricia Kennedy Rocha Alice Sessions Lonoff Jovi Tenev Gary R. Greene Edward T. Hinchey Mark Romaneski Kevin J. Lynch Scott Jay Tucker Steven S. Greenzang Linda J. Hoard Martin John Rooney Thomas E. Lynch William Robert Underhill Tren J. Griffin Sarah Salter Levy David Philip Rosenblatt John J. MacDonald Pamela Lilly Washington Carol A. Gross James Michael Liston Barbara M. Senecal Vincent P. Maraventano Douglas L. Wisner Thomas R. Hanna Francis Matthew Lynch Charles P. Shimer Gary M. Markoff James J. Yukevich Paul J. Hartnett Steven G. Madison Gail Fradin Silberstein Patrick J. McAuley 1979 Joseph M. Hinchey Joseph A. Martignetti Peter Gilman Smick Christopher G. Mehne Elizabeth Jensen Bailey Blake Hornick James P. Maxwell Steven Arthur Steigerwald Rhona L. Merkur Jeffrey I. Bleiweis Constance S. Huttner Lisa A. Melnick Brenda Susan Steinberg Hon. Carmen Messano William J. Brown Stephen J. Imbriglia Kevin R. Moshier Andrea S. Umlas Stephen D. Moore Kathleen Colleary Ann Kendall Elizabeth R. Moynihan 1983 Margaret Nelson Marguerite A. Conan Catherine Norman Keuthen George W. Mykulak William R. Baldiga Mortimer C. Newton James R. Condo James H. Lerner Barry J. Palmer Ellen Gershon Banov Philip D. O’Neill Mary F. Costello Janet H. Magenheim Ann L. Palmieri Thomas Buonocore George A. Perry Carmen Cuevas-Scripture Michael F. Magistrali Elizabeth Chaffee Perkins Kim L. Chisholm Michael J. Puzo Thomas F. Dailey Dannel P. Malloy Thomas A. Potter Michael Collins Robert Quinn Susan Giroux Dee James E. McDermott Harriet T. Reynolds Michael F. Coyne Rachel Rivlin Anne M. Desouza-Ward Richard G. McLaughry Thomas M. Rickart Karen G. Del Ponte Anne Smiley Rogers Mark R. Draymore Robert C. Mendelson Richard D. Rochford Stephen R. Dinsmore Gary A. Rosenberg William E. Dwyer John N. Montalbano Richard K. Sherwin Janice M. Duffy Paula E. Rosin Donald E. Hacker Janet Wilson Moore Catherine F. Shortsleeve Raquel M. Dulzaides-Gonzalez Steven Paul Ross Katherine M. Hanna Thomas O’Halloran Peter J. Silberstein Elva M. Feliciano Mary K. Ryan Thomas Henry Hannigan James F. Raymond Adelbert L. Spitzer III Doris J. Gallegos Jeffrey S. Sabin Anne Leary Hemelt James R. Repetti Eric L. Stern Bobby B. Gillenwater Kitt Sawitsky Gina B. Kennedy Susan L. Repetti Barbara D. Sullivan Stephen V. Gimigliano Barry J. Sheingold Jeffrey T. Letzler Deborah B. Ritter John A. Tarantino Barry E. Gold Gary M. Sidell Dennis D. Leybold Fradique A. Rocha Anne B. Terhune Deborah Beth Goldberg Claire-Frances Umanzio

54 BC Law magazine | Fall / Winter 2011 [ R ep o rt o n G i v in g ]

Karen Aline Gooderum Betts Howes Murray Anne Cushing Magner Robert P. Frank William Edward Martin Helene W. Haddad Linda E. Neary Nicholas P. Mariano Daniel O. Gaquin Walter K. McDonough Mark E. Haddad Barbara A. O’Donnell Martha Rice Martini Lisa Sullivan Gaquin Anne Craige McNay Kevin Hern James B. Peloquin Susan Maze-Rothstein Suzanne Worrell Gemma Josephine McNeil Randall G. Hesser DeWayne A. Powell Kathleen C. McCabe Christopher P. Harvey Pamela Jean Mills Mary R. Jeka Barbara Zicht Richmond James G. McGiffin Annamarie DiBartolo Haught William A. Navarro Suzanne C. LaCampagne Paula M. Sarro Rebecca P. McIntyre An-Ping Hsieh Paula Marie Noonan Michael H. Lee Heidi A. Schiller David A. McKay Susan M. Jeghelian Peter Anthony Palmer Charles W. Llewellyn Karen Shaffer-Levy Daphne G. Meredith Walter J. Jenkins Joseph Matthew Pari Celeste V. Lopes Lynne Spigelmire-Viti Mark C. Michalowski Maria L. Jose Alison A. Randall Nancy S. Malmquist Evelynne L. Swagerty Peter M. Michelson Elizabeth C. Kelley David Mitchell Rievman Kathleen A. McGuire Alexander C. Tang Tracy A. Miner Donald Lee Lavi Jon Randall Roellke Michael J. McLane Helen C. Velie Randy T. Moore Robert D. Leikind Ninoska Rosado Janice Carney Moore Patric M. Verrone Laura A. More Lloyd S. Levenson Marcea Milton Rosenblatt Robert J. Moore Barbara von Euler Harriet Moss Scott P. Lopez Mathew Stuart Rosengart Jonathan E. Moskin Mark F. Weaver Carol G. Mullin Wardell Loveland Bonnie C. Rowe Jack W. Murphy Valerie M. Welch Fritz Neil Emmett Eugene Lyne Peter Eric Ruhlin Denise T. Nagata Heather Wilson Mary A. O’Connor Wilson Mary T. Marshall Pamela Drugge Rusk Albert A. Notini Lisa C. Wood William P. O’Donnell William F. Martin Carol E. Schultze Mark V. Nuccio Victoria P. Wood Michael F. O’Friel Hugh G. McCrory Dr. Rita Arlene Sheffey Donal J. Orr Karin J. Yen Herbert G. Ogden Paul Michienzie Jay Evan Sicklick Robert L. Peabody Thomas A. Zaccaro Deborah Anne O’Malley Ann L. Milner Timothy M. Smith David C. Phalen 1985 Julia K. O’Neill Mariclare O’Neal Richard W. Stacey Mitchell P. Portnoy David M. Abbey Susan Antonio Pacheco Caroline L. Orlando Kathryn Ashbaugh Swenson David A. Rozenson Alicia Alvarez Jonathan W. Painter Ellen K. Park Graham Leslie Teall Frank J. San Martin Nancy A. Armstrong Robin A. Painter Susan Perdomo Blankenship Joseph M. Vanek Stephen J. Seleman David L. Arons Margaret J. Palladino Mary A. Rathmann Joan Ottalie Vorster Mark D. Seltzer Christopher A. Bandazian Jennifer A. Parks Richard G. Rathmann Kimberly Warren Leslie A. Shimer Dianne M. Baron Ann F. Pauly Henry R. Rouda 1988 Barbara Anne Sousa Steven N. Berk David J. Perkins Jose A. Santos Catherine Lashar Baumann James N. Tamposi Mark W. Bloom Andrea Petersen Brian D. Shonk Brian A. Berube Douglas G. Verge William T. Bogaert Rodolfo Pittaluga Jr. Diane L. Silver David Kerr Chivers Jody Pullen Williams Paul E. Bouton Faye B. Rachlin Howard J. Stanislawski Kevin J. Curtin Daniel B. Winslow Susan E. Bow Virginia S. Renick Franklin G. Stearns Joseph Anthony DiBrigida 1984 Toby G. Brink Walter A. Reynoso Warren E. Tolman Christopher David Dillon Benjamin Berry Sen. Scott Philip Brown Eugene R. Richard John E. Twohig Susan Frances Donahue Stephen W. Brice Stephen A. Caldara Toby B. Richard Patricia A. Welch Elizabeth Russell Freeman Lyman G. Bullard Joanne E. Caruso Michael J. Richman Mark D. Wiseman Royal C. Gardner Bennett A. Caplan Michael J. Catalfimo Judith Duker Rosenberg Marcia Belmonte Young Michael Emmett Garrity Richard L. Carr Curtis B. Ching Michael L. Roy 1987 Anthony H. Gemma Paula M. Devereaux Robert Earle Cleaves Sharon R. Ryan Maris L. Abbene Maureen Sullivan Gemma Celeste P. Duffy Kimberly M. Collins Ettore A. Santucci Joseph Anthony Aceto Keith Alan Gregory William R. Eddows Michael J. Colucci Richard A. Sawin Janet Kei Adachi Lori Ellen Grifa Hon. Wilbur P. Edwards Jr. Carol M. Connelly Hon. Ramona Gail See Catherine Arcabascio James P. Hawkins Barbara M. Epstein Richard Placido Consoli Kathryn S. Shea Edward Gomes Avila Quinn Joseph Hebert John F. Evers David P. Curtin Robert J. Shea Joseph H. Baldiga Michael Albert Hickey Michael K. Fee Josephine Ragland Darden Mary Ann Snyder Kathryn Jean Barton Evelyn Palmon Howell Beth Rushford Fernald Judith A. Davidow Laury P. Sorensen Richard J. Bedell Jeffrey Lewis Jonas Mark D. Fernald Melissa M. Der Constance D. Sprauer Charles Dunstan Boddy John Edward Jones Hon. Katherine A. Field Jean-Charles Dibbs Sherri Federbush Stepakoff Calissa Wichman Brown Theresa A. Kelly Faye A. Florence Francis M. Doran Joseph M. Stockwell Estelle Susan Burg Cedina Miran Kim William P. Gelnaw Marguerite Dorn Jane W. Straus Kathleen McLeod Caminiti Grant Allan Levy Mary E. Gilligan Polly R. Dowton Michael A. Sullivan Patricia J. Campanella Mark Alfred Longietti Stephanie Miller Greene Richard H. Durben David E. Surprenant Colin A. Coleman Hon. Margaret R. Mahoney Linda M. Clifford Hadley Honore J. Fallon Ann Nicholson Townes Xiomara Corral Miguel A. Maspons Hon. William P. Hadley Scott A. Faust Karen Barrios Vazquez James Joseph Coviello Stephen Davis Menard Brian T. Hatch Thomas L. Finigan Terry Barchenko Weigel Margaret B. Crockett Joanne McIntyre Mengel Susan A. Hays James F. Freeley Peter E. Wies Anne Meade Falvey Pete Stuart Michaels Stephen J. Hines Ronald T. Gerwatowski Debra Wong Yang Eileen Mary Fields Mary Patricia Morris Ralph F. Holmes Sheila B. Giglio Audrey L. Yee Richard J. Gallogly Johnnel Lee Nakamura Ellen Joy Kapinos Hon. Robert J. Gilson 1986 Mary E. Garrity Reese Rikio Nakamur Brian J. Knez Carolyn D. Greenwood Jonathan B. Abram Larry Goanos Donald Willard Parker Robert J. Lanney David A. Grossbaum Juan Manuel Acosta Diane Marie Gorrow Michael A. Perino Eifiona L. Main Joseph M. Hamilton Tammy L. Arcuri Donna Stoehr Hanlon Lisa Strempek Pierce Stanley A. Martin Cynthia Kaluza Hern David F. Bauman William J. Hanlon Mark Thomas Power Abran Martinez Geoffrey E. Hobart Susan L. Beaumont Thomas Albert Hippler Lois Blum Reitzas Richard J. McCready Maria Hickey Jacobson Thomas W. Bridge Arthur Scott Jackson Loretta Rhodes Richard Rosemary McCready Karen V. Kelly Thomas D. Broadwater Scott J. Jordan Lesley Woodberry Robinson Patrick McNamara Sandra S. Landau Thomas J. Chappell John Michael Kelly Deirdre R. Rosenberg Debra Chervinsky Moll Thomas M. Letizia Eric D. Daniels Elizabeth V. Lane Mark Constantine Rouvalis Jonathan Lawrence Moll Cindy A. Lewis Nancy Mammel Davids Gary D. Levine Kimberly Rozak M.J. Moltenbrey Frank A. Lombardi Thomas H. Durkin Patricia Jansak Lewis John George Rusk Maureen Murphy Julie Scott Lovell Francine Ferris Maher Monica Marquez Randall Leonard Souza

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Sally A. Walker Rosemary E. Mullaly William John Thompson Joshua Thayer Lani Anne Kimura Michael John Wall Maureen Mulligan Aaron Charles Von Staats Beth A. Vignati Karen Lane 1989 Colleen M. Murphy Willis G. Wang Ward Richardson Welles Denise Choquette Leber Mark Richard Allen Hugh Murray Terri Leigh Yahia Karen Ann Whitley Sandra Lespinasse Peter A. Alpert Patricia E. Muse 1992 1994 Michael Alan Lewis Robert Jon Blackwell Joris Naiman Nancy Darlene Adams Sarah Shoaf Cabot Shannon M. Lynch Andrea Jane Brantner Mary Ellen Natale Mary Ellen Alessandro Edward J. Carbone Pamela B. Lyons Lois J. Bruinooge Aaron Martin Nisenson Isabel Barney Eugenia Carris Amy Cashore Mariani Peter S. Canelias Laurel B. O’Connell Mark L. Belanger William Dennis Cramer James Joseph Mawn Barbara Ciolino Terrance P. O’Grady George G. Burke Bedana Leah Crunkleton Douglas John McDermott Charlotte J. Crutchfield Sister Maureen O’Halloran Andrew Ward Cohen Cynthia Hallock Deegan Peter Nicholas McIsaac Deirdre A. Cunnane Nelson Oliveira Glenn Deegan Kerry Dwyer Anita Louise Meiklejohn Kenneth G. Curran Kathleen O. Pasqualini Maureen Broe Dodig Martin Scott Ebel Joseph P. Mingolla Humberto R. Dominguez Martin J. Pasqualini Joan Redleaf Durbin Stephen Evans Lisa Nalchajian Mingolla Mary Fahy Michelle R. Peirce Maureen C. Dwyer Lorne M. Fienberg Elizabeth Madden Mirabile Alan Scott Gale Maribeth Petrizzi Steven P. Eakman Christine Grochowski Nicole Shurman Murray Rosemary S. Gale Deirdre O’Connor Quinn Stephen V. Falanga Lise Hamilton Hall Vicente Matias Murrell David Harvey Ganz Frank T. Ravinal Jennifer Z. Flanagan Mary Catherine Hoben Dana Ng Robert Godfrey Amy Dwyer Ravitz Joel A. Goldberg David Hobum Hwang Susan J. Nock Irene Raphael Good Karen Marie Reetz Jeffrey Alden Healy Paul M. Joy John D. Norberg Suko Gotoh John Charles Reilly Brigid Kane Hurley Rosa Kim John G. O’Neill Carolyn V. Grady Maria C. Rodriguez Rodney D. Johnson Brian J. King Lisa M. Ortiz Glenn Anthony Gulino Deborah C. Segal Patricia A. Markus Kathryn L. Leach Denise Ann Pelletier Judith Buckley Hayman Brenda Ruel Sharton Thomas Owen Moriarty Ann Farrell Leslie Philip Privitera Anne Rickard Jackowitz Benjamin Sison Valerie J. Nevel Brian J. Leslie A. Paul Rimas Mitchell Seth Kessler Charles Lorin Solomont Jodi M. Petrucelli John Livingston Ana M. Rivera Darcy Kirk Daniel C. Stockford Jeanne M. Picerne Karen Ann Loin Jill Rizzotti Jane P. Kourtis Ileta A. Sumner Dennis Charles Quinn Kelly Mulvoy Mangan Steven Marc Rosenthal Lindsay Li Vera Sung Anthony David Rizzotti Brian Martinuzzi Ingrid C. Schroffner Joseph Lucci Michael D. Wallace Eric H. Sills Stephanie H. Masiello Alexis H. Shapiro Virginia Chung Lucci Thomas C. Walsh Mark F. Tatelbaum Kenneth Alfred Masotti Mathieu Shapiro Deirdre Alice Mallon Tony Tiu Yeh Jeffrey D. Thielman Laura Jean McCollum Daniel Greg Skrip Deirdre Watson S. Martin 1991 Julia T. Thompson Christopher M. Mirabile Nathan H. Stearns Howard Wilbur Martin Denise Ann Ackerman Robert J. Weber Caitlin Mullin William Taussig Lisa A. Tavares Robert John Masonis David L. Batty 1993 Terrence J. Murray Anne O’Connor McCrory Marlissa Shea Briggett Helen O’Rourke Paul Testa Laura Scanlan Beliveau Kathryn Allaire Thomas Mary Rose Migliazza Krista D’Aloia Busnach Brigida Benitez Melissa Polaner Denise Marie Parent Michael Kevin Callan Nerre M. Shuriah Timothy J. Turner Patti Boss Andrew F. Upton Bruce William Raphael Christopher Caperton Stephen D. Browning Anne Stuart Adam C. Robitaille James Dawson Carey Elaine Shimkin Ventola Carlos Zimmerman-Diaz Linda J. Carbone Jill Zimmerman-Diaz Kimberly L. Sachse Erin Theresa Cashman Michael John Cayer John F. Ventola

Paul E. Salamanca Socheat Chea Kristin Lynn Cihak 1995 1996 Kevin John Simard Rebecca Anne Connolly Christine A. DeGrappo David Andrew Anderson Danielle Salvucci Black Linda Sandstrom Simard Lisa C. Copenhaver Scott M. Detraglia Danilo Antonio Avalon Christopher Lee Blake Mark Joseph Warner Rosemary Crowley Hallahan John A. Dolan Bernard David Berman Andrew Peter Borggaard 1990 Daniel J. Driscoll Elizabeth H. Dow Garrett J. Bradley Jennifer M. Borggaard Oliver F. Ames Jr. Karen Ann Ecker Alicia L. Downey Hon. Heather M. Bradley Thomas R. Burton III Albert P. Bedecarre Janet Elie Faulkner Stacey Jill Drubner David William Brown Laurie Aurelia Cerveny Ivelisse J. Berio LeBeau Charles Fayerweather Janet McClafferty Dunlap Catherine Sheehan Bruno Edward Shieh Cheng Allison F. Blackwell Susan Marie Finegan John Bradley Ellis Bruce David Burkley Albert Andrew Dahlberg Diane Bunt Power Andrew Mark Goldberg Robert Howard Finney Mark A. Burnham Cece Cassandra Davenport Timothy J. Byrne Joan Rachel Goldfarb Peter Gannon Christopher A. Callanan Yaron Dori Kerry A. Congdon John E. Henry James Nathan Greenberg Daniel T. Cavarello Robert Shear Fletcher Colleen A. Conry Erin K. Higgins Gladis Camilien Griffith John A. Cecere Daniel Keith Hampton Paula G. Curry Douglas Hiroshi Inouye Lisa H. Hall Robin C. Cecere James P. Hoban Joseph P. Curtin Eric L. Keller Matthew Samuel Hall Sarah Elisabeth Curi Robert Evan Hochstein Monique D. Donovan Rebecca Anne Kirch Gerald L. Harmon John W. Dinneen Mark D. Houle Patrick Donovan Michael W. Klein Andrew Joseph Hayden Eric Einhorn Arnold Welles Hunnewell Bonnie Belson Edwards Kathleen Corkins Lammert Shannon Shay Hayden Susan Christine Ellison Elizabeth A. Janis Stephen E. Ferrucci Jennifer Locke Donna M. Lamontagne Scott Carter Ford William Joseph Lundregan Thomas H. Hayman Kelly Wilkins MacHenry Emily J. Lawrence Dennis P. Gallagher Thomas Patrick Lynch Chantal M. Healey Sally Malave Thomas F. Maloney Glenn Gates Michael Edward Mone Jared W. Huffman Karen G. Malm Dana Rena McGee Jonathan P. Gelber Jeffrey Charles Morgan Adolfo E. Jimenez Mark P. McAuliffe James Chafel McGrath Joshua S. Goodman Kate Moriarty Janet Eve Josselyn Leslie Y. Moeller Sara E. McGrath David Hammer Maryann Joan Rabkin Joseph J. Kim Pegeen Mulhern Andres L. Navarrete George H. Harris Lisa Allen Rockett Seong Soo Kim Robert M. O’Connell Jennifer L. Nye Joseph Laurence Harrold Kristen Schuler Scammon Elaine Kleinberg Laurie A. Owen Christine Conley Palladino Heather Lynn Hayes Jessica Singal Shapiro Carmel Anne Leonard Douglas B. Rosner Donna M. Parisi Leslie Hirsch Hochstein Jill Emily Shugrue Chih-Pin Lu Margaret Mary Ross John P. Shoemaker Duncan Baker Hollis Emily E. Smith-Lee Kevin J. McCaughey John Anthony Salerno Sean E. Spillane Bradley Aaron Jacobson William Harold Stassen Kevin M. McGinty Kayser Oskar Sume Elizabeth Z. Stavisky George N. Kasparian Alice B. Taylor Maura K. McKeever Michael A. Tesner Elizabeth A. Talia Melinda Jan Kent Joshua Milton Wepman Stephanie D. Thompson David Francis Whelton

56 BC Law magazine | Fall / Winter 2011 [ R ep o rt o n G i v in g ]

1997 1999 Jennifer M. Riordan David G. Delaney James K. Hein Peter G. Brassard Lisa Amatangel Joseph Edward Ruccio Lauren E. Dwyer Misha K. Hill Brian Patrick Carey Jonathan Bryan Brooks Franklin L. Simpson Beth A. Fitzpatrick John V. Hobgood Tracy A. Catapano-Fox Marybeth Walsh Chung Dr. Diana M. Steel Claire H. Holland Colleen M. Johnston David Cerveny Gregory Francis Corbett Meghan Hannigan Swenson Derek S. Holland Puja M. Kaul Christian Chandler Amy Jane DeLisa Meredith A. Swisher Matthew M. Hughey Bradley T. King Bruce Cohen Denise Castillo Dell Isola Donaldine B. Temple Michael J. Kerrigan Nicole E. Kopinski Diana Collazo Peter Andrew Dufour Amy M. Wax Lafont Jaime T. Kim Judy Liao Beth Criswell Matthew James Feeley Ingrid White Benjamin A. Krass John S. Logan Michael H. Dolan Jessica Wright Green 2001 Kyle A. Loring Jason P. Makofsky Elizabeth Winter Eaton Meghan Monahan Hart Tara N. Auciello Karen M. May John A. McBrine Brian E. Falvey Justin Rippy Patterson Ingersoll Sina Bahadoran Anna Nam Erin E. McFeron Daniel Forman Young Soo Jo Jacob K. Baron Aloknanda Bose O’Leary Robert M. McGill Amy Reinhart Gaffney Kristin Laura Lentz Brandon L. Bigelow Kevin J. Parker Stacie M. Moeser David D. Gammell Christopher M. McManus Michael W. Choi W. Matthew Rowe Beth A. Norton Nicole R. Hadas Elizabeth Grace Moulds Matthew A. Corcoran Carla A. Salvucci Allen R. O’Neil Stuart J. Hamilton Patrick A. Nickler Cara Anne Fauci Emily M. Samansky Joseph C. Perry Kevin John Heaney Gregory M. O’Shaughnessy Paul F. Fitzpatrick Scott J. Shoreman Kristin A. Potdevin Mark Stephen Kaduboski Laureen Nicole Price Kevin M. Granahan Renee Martinez Sophocles Christian A. Rivera Christine A. Kelly Susan Seale Pylate Timothy W. Gray Sophocles M. Sophocles Darryl D. Roberts Matthew Joseph Kelly Stephen D. Riden Lonnie J. Halpern Rory D. Zamansky Jennie Santos-Bourne Jennifer A. Lane Benjamin Walker Schuler Robert Harrison 2004 Susan Ellen Schorr Cameron S. Matheson James Michael Tierney Linnea Ovans Holmes Meredith L. Ainbinder Steven E. Sexton Douglas B. McLaughlin Christian J. Urbano Wesley Charles Holmes Rodney J. Alberto Rebecca L. Tobin Joyce Beth Moscarelli Karen Elizabeth Wozniak Erin M. Kelly Thomas Ayres Shagha Tousi Thomas James Murphy Lincoln M. Wright Michael T. Marcucci Sheila L. Bautista Emily A. Vainieri Laurence Patrick Naughton 2000 Aislinn S. McGuire Nathalia A. Bernardo Keith R. Walsh Michael W. Wong Abigail Sterling Olsen Patricia E. Antezana Marguerite Marie Mitchell Anna Nicole Browand Brian J. O’Rourke Ashley E. Arroyo Christopher M. Morrison Nathaniel Browand 2006 Barbara J. Osborne John Thomas Bennett Kurt Michael Mullen Rachel S. Brown John J. Bauters Fernando M. Pinguelo Kathleen Benway Bryan A. Nickels Jeffrey M. Burns Jordan I. Brackett Timothy F. Silva Anne M. Bongi Brian P. Pezza David Chavous Rebecca K. Brink Bruce Skillin Ossie Borosh Brad K. Schwartz Emily G. Chen Kristin Duffy Casavant Beth C. Van Pelt Joshua M. Bowman Stacy Jane Silveira Elizabeth Costello Bae David J. Cohen Daniel H. Weintraub Jason A. Brenner Karen Smith Mullen Jessica R. Cronin Graham Joyce K. Dalrymple Jonathan A. C. Wise David A. Brown Briana E. Thibeau Christopher J. Dijulia Mandy B. DeRoche Adam Michael Zaiger Brian J. Carr Elizabeth R. Wideman Brian C. Foley Michael R. Fleming 1998 Julia K. M. Conlin 2002 Tania Garcia-Millan Sharon S. Fry Ashima Aggarwal Gregory Paul Connor Reuben B. Ackerman Katherine M. Hartigan Christopher Michael Gosselin Myles Keough Bartley Tamara J. Devieux-Adams Earl Adams Jr. Erin E. Hayes Maxim Grinberg Steven Matthew Chernoff Susan Harriette Easton Amy B. Auth, Kathryn C. Loring Ginger Hsu Patrick Charles Closson Sen. James Bradley Eldridge Charles W. Azano Jeremy T. Marr Seth J. Kerschner David B. Colleran Sarah Weyland Ellis Elizabeth M. Azano Melissa Kerchner McDonagh Jaime R. Koff Jennifer Mina DeTeso Brendan M. Gibbons Marc N. Biamonte Katherine G. McKenne Renee A. Latour John James Devenny Heather E. Hall Daniel J. Brown Jeffrey Robert Moran Jr. Brooke L. Manfredi Simone Oscoff Devenny Joanna R. Herrera Matthew P. Cormier David E. O’Leary Molly K. McDougal Peter Armstrong Egan David Moses Jellinek Rosalynn Cormier Rita-Anne O’Neill Anne M. McLaughlin Colin Foley Alexander D. Jones Christine M. Driscoll Lynette Paczkowski Keith P. McManus Valene Sibley Franco Jina Petrarca Karapetsos, Gregory S. Fine Tracy Piatkowski Gregory McNamee Lisa Denise Gladke Kristen Michelle Kenney Darien K. S. Fleming Anthony Sagnella Stephen T. Melnick Valerie Hope Goldstein Peter J. Kirk Rebecca A. Frost Nicki Samson Ainsley C. Moloney Stacey Gabriel Grealish Jacob A. Labovitz Anabelle Perez Gray Aaron I. Sato Laura Ann Montgomery Gary J. Guzzi Kerry Florio Labovitz Kathleen Devlin Joyce Jeffrey S. Strom Jillian K. Mooney Vanessa Magnanini Guzzi Robert M. Lafferty Michael J. Joyce Thomas A. Voltero April A. Otterberg Michael Charles Hackett Holly S. Lambert Arielle D. Kane Ashley H. Wisneski Meyer H. Potashman Renee Elena Hackett Louis P. A. Lehot Joseph M. Konieczny 2005 Rebecca N. Rogers David Hadas Derek H. Lim Jason L. Kropp Stacey B. Ardini Katherine Dacey Seib Kelly Lane Hiller Jennifer Madden Cdr. Robert P. Monahan Jr. Jessica B. Baggenstos Alison Hickey Silveira Christopher Jaap Scott S. Mazur Michael P. Murphy Julia Beckley Matthew Stein Barbara T. Kaban Thaddeus R. Mc Bride Joon Park Nicole L. Campbell Shoshana E. Stern Nicole Manny Mareira Allison Marie McCarthy Glenn G. Pudelka Richard L. Campbell Jessica N. Stokes Siobhan E. Mee Christine Dreyer McCay Jeffrey William Roberts Kathleen M. Celio Nisha C. Talwar Jennifer Anne Mencken David Kenneth McCay Emily L. Walsh Javier Chavez Jr. Kristie A. Tappan Kathleen Anne Murphy Shelagh C. N. Michaud Jaime H. Weinberg Charity R. Clark Victoria E. Thavaseelan Kathleen Welch Orejuela Andrew C. Murphy Cristina M. Woods Ross E. Firsenbaum Jason P. Traue Christopher Drake Perry Suzanne E. Murray Lucy Yen Sarah Jane Forman Frank M. White Kevin L. Reiner Gregory S. Oakes 2003 Andrew S. Gallinaro 2007 David Michael Shamberger Jennifer Clark Pearson Joshua J. Gallitano Bree Archambault Andrew Jonas Simons Matthew S. Podell Amie J. Benedetto Danielle Porcelli Bianchi Dominic A. Gomez Zoe M. Argento Vasiliki L. Tripodis Jason P. Pogorelec Kelly M. Gonzalez Catherine E. Beideman Amanda Buck Varella Brian R. Pollack Ileana M. Espinosa Christianson Jim Coburn Brigid A. Harrington Brian P. Bialas John David Varella Elizabeth M. Pyle Kevin C. Heffel Esther Chang Pamela Zorn Adams Jeffrey J. Pyle Juan Alexander Concepcion Lisa S. Core Christine L. Hein David T. Cohen

www.bc.edu/lawalumni 57 [ R e p o r t o n G i v i n g ]

Kristine Ann Cummings Michelle Devlin Long Beth A. Muir Tyler D. Johnson William J. Michener Leigh E. Cummings Rosa M. Loya David G. Murphy Emily B. Kanstroom Jennifer M. Nagle Elizabeth Scheinfeldt Davenny Susan C. Lu Matthew Thomas Murphy Amy E. Kaufman Siri E. Nilsson Stacey F. Doynow Sara M. Mailander Kevin M. Neubauer Ryan F. Kelley Sarah H. Olesiuk Alison K. Eggers Katherine S. Monge Conor R. O’Brien Sakib A. Khan Kelli J. Powell Jeremy D. Eggleton Adam N. Mueller John E. Oh Arthur E. Kimball-Stanley Lucy Qiu Pamela A. Grossetti Michael T. Mullaly Matthew O. Page Jessica E. Koningisor Carla A. Reeves Jane C. Harper Rafael D. Munoz Matthew H. Parker David A. Koonce Patricia M. Saji Ilan B. Hornstein Dara K. Newman Rebecca L. Pitman Joanna M. Kornafel Andrew D. Soliman Joseph F. Kadlec Anthony T. Nguyen Kelly E. Reardon Peter A. Laserna Stephanie L. Sykes Frank C. Kanther Rachael E. O’Beirne Mina M. Remy Ashley E. Lewis Yashmeen K. Virk Timothy A. Landry Diana O. Olanipekun David H. Rho Jacquelyn A. Mancini Kate A. Voigt Brian C. Lavin Nathan C. Pagett Jed S. Rosenkrantz Margaret S. Matasci Ashley E. Werner Stuart T. Leslie Sean T. Phelan Jonathan B. Roses Matthew Mazzotta Christopher M. Wildenhain Darcy Eden La’akea Levy Nicole L. Picard Eric J. Rutt Kelly M. McClure Lauren E. Willhoite Michelle B. Limaj Eleanor D. Richmond Charlene C. Saji Nathan N. McConarty John D. Womack Sarah E. J. Merrigan Christine Rodriguez Michael Y. Saji Michael John McMahon Eric M. Yuknis Steven R. Morrison Meaghan L. Sanders Caitlin Vaughn Schaffer Meghan T. Meade 2012 Larkin M. Morton Therese A. Scheuer Erik Schneider Julie J. Meeks Alanna M. Barton John T. Mulcahy Leslie M. Schmidt Lee I. Sherman Marie H. Mueller Randall L. Newsom Claire E. Newton Michael B. Steele Seokyoung Shin Caitlin M. Mulligan Kevin C. Quigley Jessica Packard Jessica Lynne Supernaw Daniel C. Silverman Lisa J. Munoz Irene Porokhova Andres F. Torres Gaelle A. Simeon-Lauriston James D. Myers 2013 Ronaldo Rauseoricupero William J. Trunk Stephen E. Spaulding Jennifer L. Olson Max A. Bauer Jillian M. Remming Emily E. Twiss Arianna Tunsky-Brashich Jessica L. Palumbo Aliesje G. Chapman Jeffrey S. Rogan Chandler H. Udo Carol Vasconcellos Mark D. Pezold Paul D. Momnie Katherine M. Romano Kevin M. Walker Michael Philip Visconti III Christopher L. Potter Andrew H. Rice Joe Michael Sasanuma Eleanor L. Wilkinson Alexandra G. Watson Heather E. Price 2014 David M. Scheffler Emma C. Winger Daniel J. Wright Larry A. Raymond Caroline J. Merck Luke M. Scheuer 2009 2010 Elizabeth Reitano Friends Joseph Schott Mark J. Andersen Jesse H. Alderman Mary T. Reynolds John Addonizio Brian K. Wells Michael K. Avery Robert J. Amara Shannon M. Roberts Eileen D. Agnes Scott R. Wilson Jeffrey D. Bears William L. Anderson Sara B. Roitman Peter W. Agnes Jr. Johanna L. Wise Sullivan David M. Biele Jessica M. Ball Kathryn M. Sabatini Anthony C. Allen 2008 John P. Bjork Molly S. Ballard Victoria M. Santoro Lynn Allen George W. Adams Angela M. Bushnell Christine J. Bang Lauren J. Schreur Richard C. Allen Adam M. Baker Timothy A. Castelli Tobias F. Bannon Jenny Shum Rosemary M. Allen Jillian M. Barber Ben Chapman Eric D. Batcho Stephen A. Smith J. Christopher Amrhein Jennifer D. Barron Lindsay K Charles Nadia S. Ben-Youssef Louis Vincent Sorgi Hon. Mary L. Amrhein David R. Bartholomew Janet C. Choi Alexander X. Berrio Matamoros Nicholas T. Stack Alexis J. Anderson Kiah D. Beverly-Graham Adam T. Collicelli Reagan S. Bissonnette Andrew F. Stauber Antonio P. Anzalone Naina A. Bhadra Meredith M. Connolly Henry R. Bouchot Richard Alan Subrizio Filippa Marullo Anzalone Maria M. Carboni Patrick J. Connolly Matthew J. Bouillon Jason M. Swergold Frederick D. Bagley Mitchel R. Carbullido Erzulie D. Coquillon Kathleen M. Brill Ryan T. Sykora Paula J. Bagley Mary E. Cloues Jill R. Damon Keith E. Clayton II Paul C. Wagoner Patricia Bailey Erik T. Crocker Jessica A. Davis Elizabeth A. Clerkin Richard M. Ward Terri Baker Barbara Cusumano Mark P. Devincentis Dr. Allison Cleveland Kristin L. Webster Michelle M. Barker Allison C. Davis Allison D. Diop-Frimpong Erin C. Cox Johannes A. Wetzel Jane D. Barna Jackson S. Davis Marissa Dungey Tobias W. Crawford Meredith A. Wholley Kenneth M. Barna Sean R. Delaney Candy Merrill Emge Dallas N. Cruz Gail A. Williams Frances Barnes Matthew J. Delmastro Austin R. Evers Douglas J. De Almo Stephanie R. Yahn Souther H. Barnes Jill A. DiGiovanni Tara M. Fisher Leslie J. Dougherty Gregory D. Yoder Paulo Barrozo Deborah Dodge Stanislav V. Gayshan Michael B. Dougherty 2011 Sharon A. Bazarian Nicolas M. Dunn Julia B. Glazer Brian K. Doxtader Curtis R. Beyer Eoin Padraig Beirne Tina Iyer Elfenbein Lea J. Heffernan Anna F. Evans Erica L. Brody Sherri Berthrong Andrew H. Everett II Thomas J. Hernandez Aaron W. Fine Catja Carrell Ronald Beyer Courtney P. Fain Marcus Hughes Tammy H. Fish Travis H. Carter Mary Bilder Jonathan R. Fishburn Victoria T. Ippolito Kevin J. Gallagher Diana A. Chang Deborah A. Bloom Melissa A. Galicia Lindsay T. Jansen Angela M. Gallegos Michael Patrick Clifford Elaine M. Boc Robert C. Garcia Michael N. Javid Naveen Ganesh Katherine A. Connolly Katherine J. Boc Kristin A. Gerber Garrett T. Johnston Michael B. Garvey Ashley S. Cook Robert M. Bonin William W. Gerber Kyle R. Junik Andrew M. Golden Kaitlyn N. Day Richard W. Brewer Anthony E. Giardino Michael A. Kaneb Stephanie R. Good Nancy Denardo Andrea G. Brodin Sam Gilbert Nicole J. Karlebach Lauren A. Graber Moire V. Dobransky Mark S. Brodin Sarah Gottlieb Elise D. Kent Bernanke Angela M. Guarino Thomas M. Dolan Razan Abdulhadi Brooker Rebecca A. Haciski John A. Kupiec Teresa K. Hau Samuel R. Feldman Robert E. Brooker III Evan C. Holden Jason B. Langberg Meghan Hernandez Kathleen C. Gannon George D. Brown Michelle E. Kanter Shirley X. Li Benjamin K. Hittman David Q. Hao Craig R. Browne Katherine Bartlett Kimball Steven D. Lickstein Harriet A. Hoder Melanie Riccobene Jarboe Brenda E. Carlin Scott C. Kleekamp Kristen K. MacIsaac John D. Holden Dmitri Lieders James F. Carlin Sarah A. Kogel-Smucker Thomas W. Matthews Julia W. Holliday Andrew H. Lynch Thomas S. Carpenter Peter R. Lattanzio Adam J. McGovern Margaretta E. Homsey Miki K. Matrician Joseph M. Carroll Alexander D. Lazar Justin J. Millette Hilary C. Jaffe Michael D. Mattia Gerald J. Caruso Edward B. Lefebvre Seth A. Moskowitz Clara N. Jimenez Patrick W. McDonald

58 BC Law magazine | Fall / Winter 2011 [ R e p o r t o n G i v i n g ]

Virginia Caruso Elizabeth T. Hinton William E. McVey Bonita S. Shannon Eastern Bank Charitable Foundation Christie Scott Cashman Howard Hinton Jeffrey S. Meltzer Dennis Shannon Ernst & Young LLP Jay M. Cashman James F. Holian Laurie Meltzer Paul W. Shaw ExamWorks Michael Cassidy Charles Housen Leslie K. Meyer Susan M. Shaw Ferriter Scobbo Rodophele Judith H. Cavanaugh Diane M Hovenesian Margaret Resce Milkint Thomas A. Silevitch Foley Hoag, LLP Ronald Cavanaugh Bill Howell Fern Miller Patricia Silva Francis J. Lynch, JD, PC Vincent A. Chiricosta Tracy M Hurley Mary M. Moran Roger E. Silva Future Technologies Group, Inc. Christine Ciampa William Hurley Alton V. Morisi Adam L. Sisitsky Gargiulo/Rudnick LLP Robert P. Ciampa James S Hyatt Margaret R. Morisi Laura Mills Smith General Dynamics Corp Lisa Capone Condon Steven A. Jacobs Christine F. Morris Mark Smith General Reinsurance Corporation William J. Condon Peter R. Jones Margaret A. Morris Suzanne Solon Giant Glass Co., Inc. Daniel R. Coquillette Renee Jones Paul E. Morris Donna Sorgi Gil Lewis Detective Agency Rosamund Coquillette Rita Jones Stephen Morris Leah W. Sprague Goulston & Storrs Janet R. Corcoran Thomas P. Jones Patrice B. Morrison George Sukkar Greater Boston Legal Services, Inc. Judith A. Cowin Elizabeth Kalmick William B. Morrison Linda Sukkar Greenough Communications, Inc. William I. Cowin Wayne Kalmick Louise Muir Marbree D. Sullivan Guy Carpenter and Company Alan S. Cunningham Michael G. Kaloyanides Thomas Muir Beverly J. Tangvik Holland & Knight LLP Janet E. Cunningham Daniel Kanstroom David A. Nicholas Barbara A. Taylor Hugh Johnson Advisors LLC Alan B. Curtis Harriet Kanstroom Shannon P. Obrien Brian S. Taylor J Page & Son, Inc. Leo J. Cushing Joan R. Katz Daniel O’Connell Judith B. Tracy KDJ Consulting Kimberly L. Dacier Sanford N. Katz Gayle O’Connell Victoria Turbini Kelliher Samets Volk Paul T. Dacier Sally A. Kelly Marcia Mae M. O’Connell Sheila Wade Law Office of Frank Prokos LLC Veronica M. Dagostino Annemarie L. Kenneally Peter F. O’Connell Janet Wallace Law Offices of E. Peter Parker Donald L. Davenport Kevin G. Kenneally Brien T. O’Connor Keith Wasley Law Offices of Edward F. McLaughlin Joyce O’Conner Davidson Thomas R. Kiley Susan O’Connor Louise C. Wasley Law Offices of Peter E. Flynn PC George B. Dean John Kittel Chang Oh Michael B. Weinberg LeClairRyan Lena Deevy Kathleen Kloss Theresa Oh Catharine P. Wells Lexis-Nexis Suzanne Delvecchio Michael T. Kogut David S. Olson Catherine Wells Liberty Mutual Group, Inc. Joseph L. Demeo Thomas C. Kohler Joseph E. O’Neil Catherine A. White Massachusetts Association Ernest P. DeSimone Alan Kovacs Karen C. O’Neil Howard Whitehead of Insurance Agents Nancy Devereaux Steven E. Kramer Jeannette M. Orsino Mary Ellen Whitehead Massachusetts Property Insurance Gerald F. Devlin Dr. Monty Krieger Julie A. Ortmeier Donald P. 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www.bc.edu/lawalumni 59 [ I n C l o sin s i ng ]

Defying the Law of the Land

Obama should have acted unconstitutionally to raise debt ceiling

by Richard Albert

o one thought the debt ceiling could have ever posed such a grave threat to the national security and global standing of the United States. This past summer, the United States faced a very real risk of defaulting on its debt obligations for the first time in history. NThat Congress and the President finally agreed on a way forward was not preordained. Quite the contrary, informed observers believed until the very last moment that America would default. Unless Congress and the President had managed to reach what for a long time appeared to be an improbable resolution to the crisis, Washington would have marched the nation right over the precipice. It did not have to be that way. Congress and the President had in the past always acted in good faith to ensure the nation met its financial responsibilities. When the nation inched toward the debt ceiling in the 1980s under the Reagan Administration, Congress passed a law raising it. Not just once but on eighteen separate occasions. Under the second Bush Adminis- tration, Congress raised the debt ceiling seven times. Yet the current Congress made the Obama Adminis- Carlo G iambarresi tration play by different rules. The Fourteenth Amendment states only that the There was an easy solution to this stalemate, long debts incurred by the United States “shall not be before Congress and the President reached an agree- questioned.” It says nothing about the President’s ment in the eleventh hour: President Barack Obama constitutional authority with regard to spending, tax- should have raised the debt ceiling without congres- ing, or allocating public funds. Indeed, the Fourteenth sional approval. This would have admittedly been a Amendment itself forecloses the possibility of the controversial solution but it could have been defended President acting on his own to raise the debt ceiling as necessary in our unprecedented time of crisis. because the actual text of the Fourteenth Amendment Let me be clear: It would have been unconstitu- grants to Congress—and to Congress alone—the pow- tional for the President to raise the debt ceiling without er to enforce by law the provisions of the Fourteenth proper congressional authorization. But unconstitu- Amendment. tionality alone should not have stopped the President However, that the President’s unilateral action from doing just that as the nation approached the debt would have been unconstitutional does not mean it ceiling deadline with dimming prospects of an agree- would have been wrong, or even that he would have ment on the horizon. faced any real consequences from Congress, courts, or At the height of the crisis, a growing number of the public. Here is why. politicians, pundits, and scholars argued that the Four- Imagine the President had acted unilaterally to raise teenth Amendment authorized the President to act the debt ceiling without congressional approval. What unilaterally to raise the debt ceiling. But the Fourteenth would have been the next step in the dance between Amendment actually does no such thing. That argu- the President and the Congress? ment would earn at best a sympathy D in my introduc- The next step would have witnessed an officer or tory constitutional law course. (continued on page 46)

60 BC Law magazine | fall / winter 2011 My legacy gift “ reflects my forty-year connection to Boston College as a Double Eagle. When Mike Puzo approached me to give as a member of the BC Law Board of Overseers, it was a no-brainer. From Deans Dick Huber to Vince Rougeau, from working for Monroe Inker’s firm, then thirty years at CBS Sports and ESPN, and now to my own media strategy company, the lessons of BC Law are indelible. This is my way and that of my wife, Geraldine Healy DeLuca, to recognize that and give thanks. —Leonard F. DeLuca, A&S ’74, BC Law” ’77 Len DeLuca and Associates LLC

Make a legacy gift to BC Law School today One of the simplest ways to make a legacy gift to Boston College Law School is to include a bequest provision in your estate plan. A bequest may be a dollar amount or a percentage of your residual estate. It is an opportunity to make a substantial gift to the Law School without depleting lifetime assets and is an ultimate expression of your devotion to BC Law. To request sample bequest language or learn more, contact Michael Spatola, assistant dean for institutional advancement, at 617-552-6017 or [email protected]. Boston College Law School Non-profit org 885 Centre Street U.S. Postage Newton, MA 02459-1163 PAID Permit No. 86 White River Jct., VT

As we begin a new year, we want to say thank you

ONE COMMUNITY. for staying connected ONE MISSION. justice for all. to BC Law.

“One of Boston College Law School’s strengths is our intensely loyal community; we really care for one another. That community ethos distinguishes us. And it is certainly something we should celebrate.” —bc law school dean vincent d. rougeau