BC Law Magazine Spring/Summer 2010 Boston College Law School

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Boston College Law School Magazine

4-1-2010 BC Law Magazine Spring/Summer 2010 Boston College Law School

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SPRING / SUMMER 2010 VOLUME 18 | NUMBER 2

DEPARTMENTS 2 In Limine 3 Behind the Columns 4 In Brief 10 Legal Currents IT’S WHOM YOU KNOW Casting the social media net CAREER CONUNDRUM Public sector mustn’t shrink 18 27 Point of View

JACOB SILBERBERG ’12 28 Commencement 29 Faculty FEATURES SCHOLAR’S FORUM Redefining disability PROFILE: Ray Madoff 14 Caught! BENCHMARKS Ramzi Abadou ’02 nabs a securities defrauder ACADEMIC VITAE and wins a record $895 million settlement By Chad Konecky 36 Esquire ALUMNI NEWS 18 Anatomy of a Reasoning CLASS NOTES & Writing Class 42 Generations Rigorous BC Law program makes a science Light the World of legal expression 50 By Jeri Zeder Campaign Report 55 Reunion Giving Report 24 Home Movie 60 In Closing Chico Colvard ’01 takes a cinematic journey into his family’s heart of darkness By Jane Whitehead

Cover: Based on Family Affair poster by Chico Colvard and Sauli Pillay JASON RAISH

WWW.BC.EDU/LAWALUMNI 1 [ I N LIMINE]

SPRING / SUMMER 2010 A Prismatic Place VOLUME 18 NUMBER 2 Dean John H. Garvey

BC Law Lights the World in Many Ways Editor in Chief Vicki Sanders ([email protected]) oston College Law School is like an object with many facets. Turn it this way and you see a graduate’s achievement, a professor’s Art Director Bscholarly musings, a class that transforms how students think. Turn Annette Trivette it that way, and the impact this community has on the world is visible in books published, courtroom triumphs, even movies made. BC Law Contributing Editors Magazine catches the light given off by this prismatic, colorful display. Deborah J. Wakefield Estate and tax law professor Ray Madoff, for instance, has sparked Tiffany Wilding-White a national conversation about her new book, Immortality and the Law: The Rising Power of the American Dead, a rather provocative look at Contributing Writers how the yearning for immortality has shaped the law of death in this Cynthia Atoji country. The story on Page 30 explains how Madoff’s curiosity about the Chad Konecky subject led her into bizarre byways of US history, business, and law. From Michael O’Donnell ’04 the familiar ground of trusts and disinheritance, she moved to the grey Ali Russell ’11 regions where law, science, and ethics intersect, including organ donation Jane Whitehead by executed convicts, posthumous conception, and cryogenics. “We are Jeri Zeder more anti-death than any other place in the world,” Madoff says. She

sees this bias in the national psyche as underlying resistance to reform of Photographers the federal estate tax (popularly denounced as “the death tax,”) and the Suzi Camarata proliferation of “dynasty trusts” that allow the transfer of untaxed wealth Frank Curran down generations in perpetuity. Charles Gauthier Immortality comes in many guises, and Ramzi Abadou ’02 may Jacob Silberberg ’12 well have won a spot in the pantheon for his role in helping to Dana Smith win a record $895 million settlement for securities fraud from the nation’s largest health insurer. The case also resulted in the largest Design & Printing cash recovery from an individual defendant in a securities class Imperial Company action lawsuit: $30 million from UnitedHealth’s CEO William Mc-

TIFFANY WILDING-WHITE TIFFANY Guire. Read the story of what it took to bring down this giant com- Boston College Law School of pany in the latest installment in our Great Cases series on Page 14. Newton, Massachusetts 02459-1163, Chico Colvard ’01 pursued his passion for filmmkaing after law publishes BC Law Magazine two times a year: in January and June. BC Law school, turning his camera on the dark past of his own family. When his Magazine is printed by Imperial Company chilling story of violence and sexual abuse, Family Affair, premiered at in West Lebanon, NH. We welcome read- ers’ comments. Contact us by phone at the 2010 Sundance Film Festival, it was acquired by the Oprah Winfrey 617-552-2873; by mail at Boston College Network (Page 24). Filmmaker he may be, but the lawyer in Colvard Law School, Barat House, 885 Centre Street, Newton, MA 02459-1163; or by played an important role in the film. “When I started this project, I didn’t email at [email protected]. Copyright © know I was making a documentary,” Colvard says. “It felt more like 2010, Boston College Law School. All I was lawyering with a camcorder: gathering eyewitness testimony, pre- publication rights reserved. Opinions expressed in BC Law paring evidence and arguments to present later at trial.” Family Affair Magazine do not necessarily reflect the is being shown at film festivals nationwide. views of Boston College Law School or From the Philippines (Page 27) to Capitol Hill (Page 32) to a Pough- Boston College. keepsie, New York, courtroom (Page 4), the rays of BC Law’s influence are visible. What a gem of a place. —Vicki Sanders Editor in Chief

2 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ B EHIND THE COLUMNS]

Garvey Leaves BC Law

Decade of growth at Law School precedes move to presidency of Catholic University

s this magazine was pre- He has presided over a steady paring to go to press, climb in alumni support and par- ADean John Garvey ticipation during the past decade. announced that he had accepted “Thank you to the scores of an offer to become the fifteenth alumni who have served on our president of Catholic University Board of Overseers, which has of America in Washington, DC. grown to more than sixty mem- “This was a very difficult deci- bers. They are people of profession to make,” Garvey said. sional distinction whose service “I have loved my eleven years has led to great gains for the Law at Boston College, and I am School.” The board’s leadership so very thankful to have been helped build the foundation that able to lead one of the best law enabled BC Law to embark on schools in the nation.” its first capital campaign, now Garvey, who on July 1 in its fourth year and heading became the third lay president for a goal of $50 million by in Catholic University’s history, 2015. During Garvey’s tenure, is a past president of the Associ- BC Law has experienced an aver- ation of American Law Schools, age increase in total donor com- a nationally known constitu- mitments of 23 percent annually. tional law expert, and a scholar who has written “Thanks also to the alumni task force and everyone widely on Catholic issues. The appointment to Catho- who breathed new life into our Alumni Association,” lic University ties together the various threads of his Garvey said. Restructured in 2008, the Alumni Board has career. “I can think of no other job I would leave BC launched many initiatives nationwide, including efforts to for,” he said. “But I have been committed for much expand chapters and build volunteer and career network- of my life to advancing the cause of Catholic higher ing opportunities. More than 1,000 alumni are now part education, and there is no better place to do that than of the annual Alumni Assembly. Reunions are experienc- at the Catholic University of America.” ing unprecedented levels of participation. The Garvey years at BC Law School have been Garvey has also overseen the establishment of the distinguished by many accomplishments in the areas LLM program and of the Center for Human Rights, of faculty hiring, alumni engagement, fundraising, and both of which have brought distinction to BC Law. He program expansion. “While I have been here, Boston engaged the entire community in long-term planning College Law School has grown in many ways, and and goal-setting, which yielded the Law School’s first I have grown with it. I am proud of what we have comprehensive strategic plan. accomplished together,” he said. In keeping with BC Law’s Jesuit Catholic tradition, Garvey expressed gratitude to various members of Garvey has encouraged the Law School’s commitment the BC Law community. to public service, most visibly by growing the Loan “I want to thank our faculty, who during my time Repayment Assistance Program. Today, an unprec- have hired twenty of the best and brightest legal schol- edented seventy alumni are receiving $330,000 in loan ars we could find. The quality of the candidates we’ve forgiveness, enabling them to pursue careers in the pub- attracted and the speed with which we’ve been able to lic sector. Ten years ago that figure stood at $60,000. add to our ranks speak to the Law School’s reputation None of these things would have been possible with- for outstanding scholarship and teaching,” Garvey said. out the input of students, faculty, staff, and alumni, Garvey (continued on page 45)

WWW.BC.EDU/LAWALUMNI 3 [ I N BRIEF] CAMPUS NEWS & EVENTS OF NOTE

At Long Last, Justice

FIRSENBAUM ’05 HELPS FREE INNOCENT MAN G. PAUL BURNETT/THE NEW YORK TIMES/REDUX Ross Firsenbaum ’05, far left, was there on the day that Dewey Bozella, who was wrongly convicted of murder in 1983, was set free.

or nearly two hours last In 1983, Dewey Bozella was continued to assert his inno- WilmerHale. The firm agreed March, the audience in a convicted of the gruesome 1977 cence, refusing plea bargains to take the case after the Inno- Fpacked East Wing class- murder of the elderly Emma that would have freed him. cence Project hit a dead end, room sat in stunned silence as a Crapser in her home in Pough- The price he paid for those finding that the physical evi- lawyer and the man whose mur- keepsie, New York. During a refusals was a quarter century dence had been destroyed. The der conviction he helped to over- retrial in 1990, and in four in prison, time that would still WilmerHale attorneys spent turn described a 26-year legal subsequent parole hearings, be accumulating were it not about two years and 2,500 pro and personal nightmare. The Bozella, who earned a bach- for the involvement of senior bono hours, worth nearly $1 event was a student-sponsored elor’s degree and a master’s associate Ross Firsenbaum ’05 million, to prove that Bozella Diversity Month presentation. in theology while incarcerated, and a team of colleagues at had been wrongly convicted.

4 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ I N BRIEF]

He was released last October at subsequent similar murder. By found that evidence “compel- being’s life. Once that life is the age of fifty. the time Firsenbaum became ling” and ruled in Bozella’s gone, it’s gone.” “When I left prison, they involved, the evidence was favor on October 14. Bozella’s appearance was one were supposed to give me long gone, thrown out by the Bozella, who had a troubled of a series of Diversity Month clothes,” Bozella told the BC Poughkeepsie police, and there childhood and a youth of petty events at BC Law sponsored by Law gathering. “But all I had was precious little else to go crime before his conviction, Wilmer Hale. was my underwear, a t-shirt, on—that is, until the Wilmer said he was not embittered by —Vicki Sanders and orange jeans. Ross brought Hale investigation turned up a his ordeal and hopes to use his me a suit. [The situation] police lieutenant who had kept education and hard-won expe- Other Diversity News showed me that I meant noth- the case files when he retired. rience to help others. Tracey West was promoted ing to the state.” The file contained the first Leaning forward at the lec- to Assistant Dean for Students, The insult was just the final of what would be several pieces tern, he offered what may well Academic Advising, and Diver- one in a case that held together of favorable evidence investiga- have been his first lesson to an sity Initiatives in January. despite sloppy police work, tors uncovered with Freedom of audience of law students: “Be Among her new responsibilities questionable testimony, lack of Information Law requests and fair, be honest, don’t railroad are increasing enrollments of physical evidence linking Bozel- in interviews, Firsenbaum said. a cat, don’t take him down students of color at the Law la to the crime, and the identi- Justice James T. Rooney of the because of his reputation. School and expanding diversity fication of another man for a New York State Supreme Court That’s not worth any human initiatives.

The Sisterhood

CONNOLLY OFFERS WORDS OF WISDOM

e are the women of your life begins, before moving,” she said. She and her jury pool violated a person’s “ Boston College Law ing on or making any big life female classmates did not want right to a fair trial. Connolly is W School, a proud title decisions, take a step back to to be defined by their gender; the first woman chief justice of and one of the finest sororities define who you are as a person they wanted to “make it side the largest department of the you will ever have the plea- .... Like who it is you are defin- by side with the big boys...and Massachusetts Trial Court. sure to join.” On March 24, I ing—everywhere you go, there did indeed nurture the notion Two weeks after the awards had the opportunity to attend you’ll be, so make sure you are that [they] had to work twice ceremony, I met Chief Justice Boston College Women’s Law becoming a person you enjoy as hard to be thought half as Connolly again. As she judged Center’s Woman of the Year spending time with.” competent.” my performance in the Grimes award presentation at the Law Connolly defined her Yet, she later realized how Moot Court Competition quar- School. The recipient was the various roles in life, offering important and admirable it is terfinals at the Law School, Honorable Lynda M. Connolly humorous anecdotes and some to be a woman in the legal I desperately tried to invoke ’74, chief justice of the District sobering facts about women’s profession. She reminded the some of her inspirational Court of the Commonwealth history in the legal world. group that women’s suffrage words. I maintained my com- of Massachusetts, who offered She revealed that while rais- “has not even reached its cen- posure by reminding myself the above observation among ing four children and man- tennial yet,” that women could that she was also a mother, a many inspiring words. aging her husband’s political not serve on juries in Massa- wife, a daughter, and sister, in She said that in a world campaign, she “had a resume chusetts until 1949, and that addition to being a very sharp, where we are constantly asked that looked like [she] couldn’t it took until 1975 for the US stoic, and, admittedly, intimi- to define ourselves, we must hold a job.” She served as Supreme Court to acknowledge dating judge. do so carefully and stay true an assistant district attorney, that excluding women from the —Ali Russell ’11 to the definitions that are most a lawyer in private practice, important to us. “We are all and a part-time teacher in a women and lawyers, or soon- paralegal program. The expe- to-be lawyers, but we’re also riences shaped her. STAT! all daughters and granddaugh- “When I graduated from ters, and some of us are wives, the Law School, I don’t think mothers, mothers-in-law, sis- there was a women’s group—if Rank of BC among law schools with ters, grandmothers, and girl- there was, I didn’t know about the highest percentages of 2009 friends to our friends,” she it, didn’t want to know about 20 graduates hired by National Law Journal 250 firms. said. Connolly cautioned that it, and would have thought it “[b]efore every new phase of was rather silly and demean-

WWW.BC.EDU/LAWALUMNI 5 [ I N BRIEF]

School in Crowded Ranking Field

MANY IMPROVEMENTS V. INCREMENTAL MOVEMENT

he drop from 26th to the Alumni Association, cre- schools in the country. Our tures per student, library vol- 28th place by BC Law ating more job opportunities tax and legal writing pro- umes, and admissions selectiv- T in the 2010 US News for graduating students, and grams routinely rate among the ity numbers, among others. and World Report rankings increasing scholarship money. nation’s best. On many of these variables, “certainly does not reflect the There are many other rank- To understand how the BC Law’s numbers improved true value of Boston College ings where BC Law contin- School’s recent initiatives over last year’s. For example, Law School,” Dean John Gar- ues to shine. Princeton Review affect US News, it is important the median LSAT rose from vey said, pointing to a number again rated BC Law among to look at how the rankings are 164 to 166. The student-fac- of other measures that “prop- the top 10 nationally, “both in calculated, Garvey explained. ulty ratio improved from 13.5 erly illustrate our strengths.” career prospects for our gradu- A number of variables are to 13.2. The employment rate Garvey noted important ini- ates, and for the best profes- weighted as a part of a total at graduation improved from tiatives that have made BC sors,” Garvey explained. “We score from 1 to 100. The vari- 85.7 percent to 86.0 percent. Law stronger, moves that are are in the top 20 of the Law ables include student-faculty The bar passage rate went up expected to have the added Schools 100 list. We are ranked ratio, peer assessment scores from 94 percent to 94.3 per- benefit of improving the US Number 1 by Super Lawyers (subjective ratings by other fac- cent (though the overall pass News ranking going forward. Magazine for producing the ulty and judges), percent of rate also rose slightly). And Among the changes are hiring most “super lawyers” in New new graduates employed at faculty resources numbers more faculty, lowering the fac- England. We consistently rank graduation and nine months (expenditures on instruction, ulty course load, restructuring among the most collegial law out, bar passage rate, expendi- library, financial aid, and supporting services) were much more impressive. On the other hand, the assessment score by lawyers and judges fell from 3.7 to 3.6. The median GPA was lower: 3.53 vs. 3.64. The employment rate nine months after graduation went from 98.1 percent to 97.4 percent (a difference of one or two people). The total score this year was 63. That put BC Law close to over a dozen law schools that have total scores ranging from 67 to 60. “Because we are so tightly bunched, a small change in one variable can cause a larger move on the overall list,” Garvey said. Garvey noted that the move from 26th to 28th was “dis- appointing,” but that “our focus has been to improve over the long term, by implementing the initiatives out- lined above.... Many of the JACOB SILBERBERG ’12 changes we have put in place GOING ONCE, GOING TWICE: Celeste Laramie of the Public Interest Law Foundation encourages guests at take some time to influence Law Day to bid in a silent auction. PILF conducted online, live, and silent auctions in April, raising $37,235 the rankings, but we believe to fund some 43 summer stipends. Out of the 220 items donated for auction, the highest grossing was a we are making the right choic- one-week stay at a 1L family’s home in Fripp Island, South Carolina. That winning bid: $3,100. es for the long-term benefit of the Law School.”

6 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ ] I N BRIEF BULLETIN BOARD

Casey Mattox ’01, an attorney News from the Rare Books Collection with the Christian Legal Society (CLS), visited BC Law on the eve of the US Supreme Court’s NEW BOOKS ACQUIRED, DECORATIVE WORKS SHOWN hearing of oral arguments in Christian Legal Society v. Marti- nez, a case that has pitted the CLS against the Hastings College of Law, whose nondiscrimina- tion policy is at odds with the CLS, which bars students with a “sexually immoral lifestyle,” including gays and lesbians.

Nazi-looted art was the topic of Art Law Seminar guest speaker Raymond Dowd of Dunning- ton, Bartholow & Miller. He discussed the effort to bring back into the Grunbaum family Egon Schiele’s painting Dead City.

“We’re very proud of our BLSA chapter,” said Dean John Gar- rofessor Michael H. as well as many lesser-known Coquillette Rare Book Room vey, when the BC Law Black Hoeflich of the Univer- works. in Spring 2011. Students Association was award- P sity of Kansas School of “This gift is a perfect fit for A recent show titled “Books ed the Northeast Black Law Law has donated an impor- Boston College,” said Karen and Their Covers: Decorative Students Association Chapter of tant collection of antiquarian Beck, the library’s curator of Bindings, Beautiful Books” the Year Award for the second and modern Roman law books rare books/collection develop- focused not on the intellectual year in a row. to the Boston College Law ment librarian. “It complements content of the books in collec- Library. Numbering nearly our strong antiquarian collection, but rather on what they Joshua Lindsay and Alyssa 300 titles, the Hoeflich Collec- tion of Anglo-American law look like. “One often thinks of Russell were the victors in the tion contains multiple editions books, giving us a very well- law books in utilitarian terms, hard-fought fiftieth annual Wendell F. Grimes Moot Court of seminal Roman law works rounded collection.” but this exhibit proved they can Competition. Russell also won such as Justinian’s Institutes A selection of the books will be objects of delight and desire best oralist. in Latin, German, and French, be on view in the Daniel R. as well,” Beck said. Christine Bader, advisor to the UN Secretary-General’s Special Representative on Business and Journals to Publish Electronic Supplements Human Rights, spoke at a Holo- caust and Human Rights Project and Women’s Law Center event, EFFORT PART OF ONLINE GROWTH OF LAW REVIEWS and Elizabeth Campbell, chief of staff to the chairperson at eginning next winter, Law Review plans to focus on free online, represent another the Joint US-China Collabora- the law journals at Bos- lower court cases while the Bos- step for BC Law toward digital, tion on Clean Energy, addressed ton College will publish ton College Law Review will open-access formats. Current the International Law and B Environmental Law societies in annual, digital supplements to analyze en banc cases from the volumes of the journals’ tradi- their traditional volumes. US Courts of Appeal and impor- tional publications are already February. Spearheaded by John Gor- tant state supreme court cases. available electronically, and the Restoring freedom and justice don, director of publications, “The project serves two pur- Law School is in the process to children throughout the the electronic supplements, or poses,” says Gordon. “It gives of digitizing its past volumes. world is the mission of Restore “e-supps,” will collect ten- to each journal member some use- Other prominent journals, International’s Bob Goff, who twelve-page case comments ful training before tackling the including law reviews at Har- spoke on campus in February. written by second-year journal more onerous process of writ- vard, Yale, and Columbia, have He’s fighting to build schools, members. ing a longer law review note. begun similar initiatives. prevent forced prostitution, and The case topics will vary by It also provides the students an E-supps are scheduled to be provide legal aid to families. journal, Gordon said. For exam- early opportunity to publish.” available next December. ple, the Environmental Affairs The e-supps, which will be —Neil Hood ’11

WWW.BC.EDU/LAWALUMNI 7 [ I N BRIEF] Jennifer Barrow ’10

Studied Spanish, theology as BC undergrad. Did year of service with Mercy Volunteer Corps in Texas and LETTERS worked for Legal Advocacy & Resource Center in Boston. Intern, Greater Boston Legal Services Immigration Unit and Executive Office for Immigration Review in the Department of Justice. Member, St. Thomas More Society; HELPING THE WRONGLY DEPORTED | MEET THE NEW FACULTY | REPORT ON GIVING and the technical met. In my teaches confirmation at a parish. Guide dog is Isis. two years in Africa with the

BOSTON COLLEGE LAW SCHOOL MAGAZINE | FALL / WINTER 2009 Peace Corps, I often witnessed HOW DO YOU DEFINE YOURSELF?

Student ANJALI NAIR ’12 wrote a winning essay the tired acceptance of social My story is all about public service. That’s what I do. I’d injustice, and helpless endur- be happy spending the rest of my life defending immigrants. ance before the suppression of WHAT ATTRACTS YOU TO IMMIGRATION AND PUBLIC INTEREST WORK? human rights. If, from the per- I am inspired by the ideals of social justice and Catholic spective of society, the highest social teaching. I became aware of the issues facing immi- moral ideal is justice, what can grants and refugees through doing volunteer work in Latin one man do, seeing the highest America and on the Texas-Mexico border. You never know

Introducing our enhanced online magazine www.bc.edu/bclawmagazine moral ideal perverted? what is going to catch your heart until you encounter it, and “The possibility of study- immigration did that for me. I find that I have great empa- eSTUDENTt ESSAYSt THATi MADEn THEg CASE FOR i ADMISSIONn ing law occurred to me during thy for people who are suffering because I know a thing or my service in both the Marine two about working through difficult issues. My clients and Corps and the Peace Corps, I don’t necessarily share the same life experiences, but there My Admissions Essay where it was obvious that sin- is something about the experience of discovering joy and I was fascinated with the admis- cerity of purpose was mean- building character through seemingly hopeless situations that sions essays you published ingless without professional transcends borders.

(“Winning Words,” Fall/Win- competence. The study and HOW DID YOU FIRST BECOME INTERESTED IN THE LAW? ter 2009). The article brought practice of law puts one in As a kid, I learned quickly that I had to become my own to mind my own essay forty-six the position of acknowledging best advocate and negotiator to get what I needed in school. years ago. Here’s what I wrote: natural rights, and the legal It was sink or swim. I learned that the law could help level “To quote from Paracelsus: profession is alive in that twi- the playing field by mandating certain accommodations, like ‘He who knows nothing loves light zone where personal judg- getting a textbook in a format that wouldn’t require me to nothing. He who can do noth- ment is made more meaningful do anything extra than the sighted student who could just ing understands nothing. He through a clearer defining of start reading. When I studied in Ecuador, I didn’t back down who understands nothing is the areas of contradiction and from fighting a university determination that precluded me from hiking the Inca Trail with my classmates; Peru remains worthless. But he who under- dispute. my favorite vacation ever. Rights advocacy was part of me stands also loves, notices, “I would like to study law before I even knew it. sees.... The more knowledge is because my younger brother inherent in a thing, the greater studied law. What amazed HOW HAVE YOU STUDIED LAW AS A BLIND PERSON? the love. Anyone who imag- me, seeing him after I returned I adapt to situations. Part of being blind is being an on-the-fly ines all fruits ripen at the same from the Peace Corps, was the problem solver. People have been going to law school blind time as the strawberries knows increase in his awareness and for years. I’m just glad technology got to the point that it did nothing about grapes.’ capability. I believe his law stud- by the time I enrolled. Between undergrad and law school, “Questions of tax, questions ies had a lot to do with that. publishers began providing books in a PDF format, so I no of rights in traffic disputes, “Niebuhr said, ‘We cannot longer have to scan every page of every book as I did before. I listen to my books with a text-to-speech computer program. questions with the purchase build our individual ladders In class, I use ear buds to listen to what I’m typing in one of property, and newspaper to heaven and leave the total ear and to what the professor is saying in the other. When I accounts of civil rights and human enterprise unredeemed worked in the Law School’s immigration clinic, I was allowed of reapportionment all make of its excesses and corruptions.’ to take my computer into the county jail to take notes when legal knowledge antecedent to “I am not one who imagines speaking with my client, and later into court to use when I the competent management there will be a man on horse- examined him. In trial practice, I use Braille notes. There’s of one’s personal and public back, riding in with the golden always a way. affairs. In the Marine Corps, truth before the commercial as the investigating officer in and the eleven o’clock news. NOTHING SEEMS TO SLOW YOU DOWN. a manslaughter case, I became “I am not one who imagines My philosophy is that blindness is merely one of my many physical characteristics. It’s just who I am, so the day-to-day interested in the objective all fruits ripen at the same time physical issue that I can’t see something doesn’t even phase order of justice, not because it as the strawberries. me. My experience at law school hasn’t been more difficult involved the absolutely right “I would like to know more than anyone else’s; it’s difficult in general, and we all bring versus the absolutely wrong, about the grapes.” our own issues to the table. I’m just going through law school but because it rested in the John F. Murphy ’67 in a non-visual way.

twilight zone where the ethical Hartford, Connecticut —Interviewed by Vicki Sanders JACOB SILBERBERG ’12

8 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ I N BRIEF] JACOB SILBERBERG ’12

WWW.BC.EDU/LAWALUMNI 9 [ L EGAL CURRENTS] TRENDS AND TIMELY ISSUES

It’s Still Whom You Know

ONLINE SOCIAL NETWORKING GIVES AN OLD PRACTICE NEW LIFE SERGE BLOCH

10 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ L EGAL CURRENTS]

id you tweet today? Friend any- have a presence, be involved in conversa- with one another and sharing things like body? Get linked in or blog? tions, be accessible, and be transparent.” referrals and job information. So people DOnline social media is generating Shepherd agrees, saying, “I’m now con- are definitely engaged.” a lot of buzz, and deservedly so. Today vinced that you have to be on Linke- In addition to the main BC Law about 126 million people worldwide use dIn, just like you used to have to be in LinkedIn group, Riden manages region- a variety of social networking websites, Martindale-Hubbell. In fact, I now think al groups for alumni located in Boston, including Facebook with 300 million users, Martindale-Hubbell is useless. Nobody New York, Chicago, and Washington, LinkedIn with 55 million, and Twitter with checks it anymore.” DC. “The group has exceeded every one 14 million. And the Boston College Law And if you happen to be in the market of my expectations,” adds Riden. “There School community is no exception. for a new job, consider this: Of the more are a variety of topics up on the discussion Alumni, students, and professors are than 130,000 recruiters in the United boards addressing everything from upcom- blogging, tweeting, friending, and link- States, 50 percent of them use LinkedIn to ing alumni events to career advice about ing up. With newfound speed, they are vet a candidate’s experience. becoming a law librarian. It’s great to see so reconnecting with each other and the While many companies are establishing many people drawing upon the collective Law School through BC LawNet and LinkedIn groups, firms with fewer than knowledge of the BC Law community.” other social media, making professional 20 lawyers are reaping the most benefits Search on the words BC Law in Face- contacts, connecting with new clients, from social networking, because of its low book and you’ll get about 500 hits, at least and sharing their expertise. One such cost and broad reach, Ambrogi says. “It’s 100 of which are created by and for peo- alumnus is Jay Shepherd ’94, CEO of a leveled the playing field for small firms, in ple affiliated with BC Law School—from Boston employment-law firm and author marketing, especially. It can be a powerful amateur rugby players to environmental of two award-winning blogs. According to marketing tool, if it’s used right.” law activists to alumni who are “really, Shepherd, you can’t beat the global reach, Stephen Riden ’99, a partner in the new really ridiculously good-looking” (at last blazing speed, and cost-effectiveness of the firm Beck Reed Riden in Boston, experi- count, that group had 45 members, in case internet. “It’s just more efficient,” he says. enced the power of LinkedIn when he cre- you were wondering). Some groups serve “Social media today is like email was in ated a BC Law School group on the site in alumni of a particular graduating class, 1997 and websites were in 2003. You just May 2008. In the beginning, he had mod- others were formed by students or grads can’t not have it.” est expectations. “My hope was to attract who share a common interest or hobby, or There are two different approaches to at least 100 people to the group. I thought social or professional affiliations. The class social media, Shepherd says. “The net- that would be enough members to generate of 2011 has an active student site with working/social side is really about connect- some interesting discussions,” says Riden. nearly 300 members. ing with people, and the marketing side “It was a complete surprise when the first A benefit of sites like LinkedIn and is about building a brand and getting the 50 people joined. I never imagined that Facebook is their interactivity, immediacy, word out about your business/company.” In other words, to catch up with friends WORD-OF-MOUTH is the number one way lawyers get and family, use Facebook; for professional connections, it’s all about LinkedIn; new business. Social networking is like word-of-mouth on for some of both, there’s BC LawNet (www.bc.edu/bclawnet). The centerpiece speed—the mouth is much bigger, talks faster, and can be of LawNet is the online alumni directory. If you’re seeking information about a fel- heard around the globe. low grad’s area of practice, practice setting, or geographical location, LawNet is the more than 1,000 people would want to be and ubiquity. The most valuable perk for place to look. It’s also a secure site where a part of this. Every single day there’s at many lawyers, especially job seekers, is you can network with colleagues with least one new request to join the group— the end of cold calls. Every call becomes similar social interests, sign up for alumni including weekends and holidays.” a “warm call.” A friend of a friend of a events, and keep track of friends through Two years later, Riden’s LinkedIn friend is still better than a stranger. And Class Notes. group has nearly 1,300 members and if you have a connection, even a virtual Big firm or solo practitioner, many hosts five subgroups for those interested in one, to a client or colleague, it can make in the profession believe a strong online particular practice areas, including Estate a difference. Following six-degrees-of-sep- media profile is a must. Robert Ambrogi Planning, Probate, and Elder Law; Health aration logic, suppose you’re applying for ’80 is among them. A practicing attorney, Care; Intellectual Property; Public Inter- a job or pursuing a new client. How great writer, and media consultant, Ambrogi est Programs; and Solo Practitioners and would it be to discover that someone you authored the Essential Guide to the Best Small Firms. “Members are using the site sat next to in Torts is the sister of the CEO (and Worst) Legal Sites on the Web, writes to reconnect and find others who have an of that very firm or company? two award-winning blogs, and co-hosts interest in their various subspecialties,” On the flipside, public networking sites the legal affairs podcast Lawyer2Law- says Riden. “When we promote an event, are, well, public. Your social network, yer. “Consumers are more savvy today,” the attendance is high, and I see in the dis- along with your blogs and tweets, are

SERGE BLOCH Ambrogi says. “They expect their firm to cussion groups that people are connecting equivalent to an online resume, a resume

WWW.BC.EDU/LAWALUMNI 11 [ L EGAL CURRENTS] that many people, even those you don’t BC LawNet, on the other hand, the information is critical for alums who are know very well, can access. Social net- official networking site of the Law School, looking to refer clients to other BC Law works are great tools, says Soo Lim, is a secure site exclusively available to alums or to speak to fellow alumni about associate director of career services at BC alumni and students. Entries are updated career opportunities in their area,” says Law School, but proceed with caution. and monitored regularly by the alumni Jean French, BC LawNet administrator, “Be mindful of your professional presence staff, who make every effort to ensure the who notes that information about alums versus your personal one,” says Lim. “Be accuracy and relevancy of the content. BC is also categorized on the basis of their careful what you post in general. Just as LawNet lets you look up classmates in the interests when they were a student, e.g., we tell students to research employers, the online directory, take advantage of career organizations, clinical programs, academic same is happening with employers; they resources, including the Career Advisory experiences. “It just makes information are researching you.” Network, register online for events, submit gathering easier,” adds Kelly. What’s more, in the virtual world, Class Notes, browse chapter and affin- Other features of BC LawNet let you almost anything goes. Anyone can cre- ity group pages, maintain an @bc.edu for- create a customized homepage with photos ate a blog, blab on Twitter, or launch a warding address, and review and update and friend lists. “BC Law has always had a LinkedIn or Facebook group. These media your contact information. strong sense of community,” says French, are not necessarily monitored, content “Many lawyers are not techies,” says “but up until BC LawNet, there had been isn’t always fact-checked, and for the most Christine Kelly, assistant dean for alumni no official online vehicle that provided the part, you’re on your own. Once you sign relations. So BC LawNet is easily search- information necessary for alums to make up, it’s up to you to figure out how to use able. It gives you the option to search for that connection.” the technology, protect your privacy, and fellow alumni based on class year, geog- Riden also hopes to build on that determine with whom to connect. raphy, practice area, and affiliation. “This (continued on page 45)

BC LAW ONLINE COMMUNITIES

LAW SCHOOL SITES CORPORATE LAW AND GRUNTLED EMPLOYEES NEW JERSEY ELDER LAW BC LAWNET DEMOCRACY http://www.gruntledemployees. AND ESTATE PLANNING BLOG [email protected] http://reneejones.wordpress.com com/gruntled_employees/ http://www.njelderlawes- http://www.bc.edu/bclawnet A blog by Associate Professor Making workplaces more tateplanning.com/ Resources include Online Alumni, Renee Jones, BC Law profitable by Jay Shepherd ’94; Estate planning, tax, and Career Advisory Network, Class on the ABA Journal Blawg 100 elder law issues for New Jersey EAGLEIONLINE Notes, Email Forwarding, Event residents by Deirdre R. http://eagleionline.com/ INTELLECTUAL PROPERTY Registration, Yellow Pages, Chapter Wheatley-Liss ’95 blog/?p=190 & TECHNOLOGY FORUM Information, and Calendar A blog for BC Law students & JOURNAL BLOG ROBERT AMBROGI’S LAWSITES http://bciptf.org/blog/ BC LAW COUNSELOR http://www.lawsitesblog.com/ E-LESSONS LEARNED The blog for those interested http://counselor.bc.edu This ABA Journal Blawg 100 http://ellblog.com/?page_id=6 in the journal at BC Law Welcomes participation of students, blog tracks new and intriguing An ABA Journal Blawg 100 faculty, alumni, and other members websites for legal professionals; educational blog about LAW PRACTICE MATTERS of the BC Law community who by Robert Ambrogi ’80 e-discovery, technology, and http://www.lawpracticematters. want to post announcements, human error that features com/about/ THE CLIENT REVOLUTION events, job openings, and contrib- insightful content authored Technology, innovation, http://www.clientrevolution.com/ ute to the online forum primarily by law students from and entrepreneurship in For business people who the law, by Erik Mazzone ’96; DIGITAL COMMONS across the country, founded deal with lawyers and law on the ABA Journal Blawg 100 http://lawdigitalcommons.bc.edu/ by Fernando Pinguelo ’97 firms, named one of the Blawg A service of the BC Law School 100 by the ABA Journal, by EPSTEIN, BECKER & GREEN LEGAL BLOG WATCH library, which collects and preserves Jay Shepherd ’94 TRADE SECRET AND http://legalblogwatch.typepad.com/ the scholarly output of the NONCOMPETE BLOG Robert Ambrogi ’80 is one THE LEGAL HISTORY BLOG community and shares it with http://www.tradesecretsnon- of many bloggers on this site http://legalhistoryblog.blogspot. a global audience competelaw.com/ com/2009/09/boston-college-law- News and updates on develop- MEDIA LAW BC LAW BLOGGERS school-fall-2009.html ments in the law of restrictive http://medialaw.legaline.com/ BC LEGAL EAGLE With over 500,000 visits since covenants, unfair competition, An ABA Journal Blawg 100 blog http://bclegaleagle.blogspot.com/ its launch November 2006, the and trade secrets; Barry about freedom of the press News and research updates from blog covers scholarship, news, Guryan ’71, blog contributor by Robert Ambrogi ’80 the legal information librarians and new ideas in legal history at Boston College Law School

12 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ L EGAL CURRENTS]

The Gordian Knot of Public Sector Jobs

DOES DOWN ECONOMY EXPOSE NEED FOR MORE LAWYERS, NOT FEWER?

n his Fall 2009 Dean’s Letter, Dean John Garvey posed a compelling I question: “Does the current state of the market for lawyers presage a larger change? Will we have fewer lawyers in the future, and less work for them to do?” As I read his letter, I found myself anxiously waiting for him to state what I immedi- ately thought was an obvious answer: “Of course not!” Dean Garvey’s opinion was more reserved, however. Short of entering final judgment, he cautiously suggested that the economic downturn might lead to changes in the way we practice law, rather than to a drop in the number of lawyers. I agree with Dean Garvey, but I am willing to go one step further to predict that the current economic downturn will actually generate a greater need for lawyers. I graduated from Boston College Law School in 2004 and have been an Assistant District Attorney at the New York County District Attorney’s Office since then. As a prosecutor and someone who has always been keenly interested in contributing to IN THIS ECONOMY, it is not simply that I may have more the public sector, I noticed that Dean Gar- vey’s letter tended to examine the effects cases to handle; rather, the cases themselves continue to be of the current market on the private legal sector, but did not specifically address the complex and to perplex. effects of the current market on the public legal sector. To the extent that there is a and witnesses to be less cooperative, less enough prosecutors and defense attorneys correlation between the market economy forthcoming, and, in the worst case sce- to absorb the volume of cases that flow and the rate of crime in any given city nario, less truthful. It is not unusual for through the New York City criminal jus- (i.e., when the economy worsens, crime witnesses and even victims to tell me that, tice system every day. Now, if there is an rates increase), I believe that there will be a especially in the poor economy, they can- actual up-tick in crime, there will continue greater need for public sector attorneys as not take time off from their jobs to come to to be a need for more prosecutors and the economy continues to struggle and as the District Attorney’s Office in order to be defense attorneys. Likewise, there will be the unemployment rate remains high. interviewed or to testify in the grand jury a greater need for government attorneys, Of the cases I have prosecuted this past or court. To their dismay, I must tell them nonprofit attorneys, and attorneys who year, I have observed a rise in the number that they are not so excused from their provide civil legal services to those who of larceny, robbery, and identity theft civic duty. In this economy, it is not sim- cannot afford private representation. There cases compared to previous years. Cer- ply that I may have more cases to handle; will, in turn, be an increased demand for tainly, other factors may contribute to this, rather, the cases themselves continue to be judicial law clerks and judges who must but I believe that the recessed economy complex and to perplex. opine on the voluminous criminal and civil is a cause. The additional cases pad an From my perspective as a lawyer in litigation that stems from a community already heavy felony case load, which typi- the public sector, I think that the current affected by the current market state. cally includes crimes of assault, burglary, conversation, about whether a recessed In law school, I wrote a note for the gun possession, drug sale and possession, market will mean less work for lawyers Third World Law Journal that in part among other more violent crimes. in the future, may only be relevant to the sought to address the shortage of law More than this, economic hardship does private sector. Here in the public sector, students and lawyers who ultimately con- not simply motivate defendants to commit lawyers are busier than ever. Even before tribute their legal skills to the public sector. crimes; I have seen it influence my victims the downturn, I wondered if there were (continued on page 46)

WWW.BC.EDU/LAWALUMNI 13 GREAT CASES

Imbued with an unwavering sense of fairness, Ramzi Abadou ’02 doggedly prosecuted the nation’s largest health insurer for securities fraud, helping to render a record $895 million settlement and far-reaching reform By Chad Konecky CAUGHT!

s a freshman on the lush campus of California’s Pitzer College at the southern base of the San Gabriel Mountains, Ramzi Abadou probably missed the business section small print noting William McGuire’s hire by UnitedHealth in 1990. McGuire became the architect of an acquisition-based business plan that elevated UnitedHealth from languishing regional insurer into the nation’s largest health insurance carrier. By 2006, the Minneapolis company’s market value was $60 billion and one in six Americans was a UnitedHealth customer. In that span, McGuire amassed stock options more valuable than any corporate CEO in history, totaling $1.5 billion. Time was good to Abadou, too. Though the trek was less headline-worthy. After earning a master’s degree at Columbia, he found a home as a political science professor at pastoral Foothill College, just south of Palo Alto. But Abadou’s students kept asking about the Constitution. And he grew weary of not possess- ing definitive answers, so he went to BC Law School. A half-decade after Abadou passed the bar, McGuire’s Horatio Alger storyline at UnitedHealth looked more like pulp fiction. In the spring of 2007, United- Health restated its financial disclosures for each year from 1994 through 2005. AAt issue, litigators would claim, was the allegation that McGuire and the United- ILLUSTRATIONS BY POLLY BECKER

14 BC LAW MAGAZINE | SPRING / SUMMER 2010 KER C LLY BE O BY P S N O I AT R ST ILLU

WWW.BC.EDU/LAWALUMNI 15 Health Compensation Committee routinely backdated grants of “any manipulative or deceptive device or contrivance in contra- stock options to corporate officers and to McGuire himself. vention of … [SEC rules] necessary or appropriate in the public As fate would have it, Abadou played a central role in the interest or for the protection of investors.” The threading-the- resulting 2008 securities class action settlement that ranks as the needle part of the equation: The Coughlin Stoia team had to prove largest ever in an illegal stock-options backdating claim: $895 mil- that investors were damaged by the conduct of UnitedHealth’s lion. The complaint also resulted in the largest cash recovery ever corporate officers. Uncharacteristically, UnitedHealth stock did obtained from an individual defendant in a securities class action not fall off following the company’s restatement of finances, lawsuit: $30 million from the former corporate CEO. presumably because investors weren’t concerned with a non-cash Undeniably one of the nation’s fastest rising and brightest lights expense like stock options. A successful suit or a settlement agree- in the plaintiffs’ bar, Abadou’s own legal ascendance extends far ment was by no means a given. beyond the boundaries of a single prosecution. But as life-altering “No, in fact, most people didn’t think this was a case at all,” litigations go, In re UnitedHealth Group Sec. Litig., No. 06-cv- explains Abadou, now a partner heading up the new San Fran- 01691 (D. Minn.) was an awfully big stepping stone for a former cisco office of Barroway Topaz Kessler Meltzer & Check. “No small college American government and politics professor. damages, no law suit. Most folks had filed it as a derivative case; we thought it could be filed as a 10(b) securities fraud case because THREADING THE NEEDLE of this issue of loss causation. A guy I used to work for [former Backdating manipulates the timing of options grants so they Coughlin Stoia chairman William Lerach] came up with some appear to have been issued on days when the stock’s value was pretty interesting theories and approaches to loss causation in the lower, which boosts recipients’ profit when they sell the stock. The case. You’ve got to have a stock drop, and here, they were small. act is not illegal if properly disclosed, but unreported compensa- No loss causation, no law suit.” tion of corporate officers can conceal the true costs incurred by a company, inflating profits and possibly its stock price. Plaintiffs PROFESSORIAL CAMEO claimed that investing shareholders were hurt by this practice since The essential burden of proof in the case—loss causation—had UnitedHealth’s unreported executive compensation expenses over roots in a legal doctrine Abadou had encountered in first-year torts. the twelve-year period erased nearly $1.1 billion of past profits. “It’s like the principle of proximate causation,” he says. “You The lawsuit was filed in 2006 with San Diego’s Coughlin Stoia basically have to demonstrate that the defendant made false state- Geller Rudman & Robbins, where Abadou was an associate and, ments, that those statements artificially inflated the price of the cosmically enough, where he had served as a document clerk stock, and that when the truth about their prior statements came before pursuing his master’s degree. Abadou was already well into out, the stock price fell, and that damaged investors. discovery when UnitedHealth went public with its restatement in “In this case, there was very little price movement when the 2007. bad news about the back-dating came out,” he continues. “Typi- What might seem like a reasonably straightforward cause of cally, when news like that comes out, you have a big stock drop. action was anything but. Conventional wisdom pegged the case We didn’t have that here. So we had to piece together five or six as a shareholder derivative action. In derivative cases, company or seven distinct disclosures and aggregate them to satisfy that executives are sued on behalf of the company, and any cash recov- requirement.” ery reverts to the firm itself. Coughlin Stoia pursued the case as Sounds logical. But between sketching a blueprint and making a civil securities class action on behalf of two pension funds that an argument comes a lot of staring at the ceiling after the lights were already clients, the lead plaintiff California Public Employees go out. Retirement System as well as the Alaska Plumbing and Pipefitting “It was dicey,” concedes Abadou, who became an equity part- Industry Pension Trust. ner at Coughlin Stoia in 2007. “But we had a very big client, we UnitedHealth was clearly vulnerable to litigation. But making overcame those hurdles and pushed the case hard with the help of a class action case against this defendant under the provisions of partners Mike Dowd and Andrew Brown, who did a lot of heavy Section 10(b) of the 1934 Securities Exchange Act—which essen- lifting as well. And it was a fun case. A big case, a big client, great tially delineates the right of private citizens to sue the issuer of a partners to prosecute the case with and it turned out well.” stock or a related market actor—required feathery finesse, not a That said, the plaintiffs might not have pinged the fun meter tour de force. Section 10(b) applies to issuers of securities who use absent Abadou’s contributions amidst the most decisive argumen-

16 BC LAW MAGAZINE | SPRING / SUMMER 2010 tation of the case. qués public. UnitedHealth settled less than a month later. During discovery, the Coughlin Stoia team obtained a collec- “With a company as big as UnitedHealth, you’ve got to find a tion of damaging emails and memos, later quoting from them pressure point for them to settle a case,” says Abadou. “It’s not within a consolidated opposition to the defendants’ 2008 motion a money thing for them. Those guys have enough money to pay. for summary judgment. These excerpts from UnitedHealth’s inter- Sometimes you bump into a pressure point and sometimes you nal communiqués indicated not only that the company’s Legal don’t. In this case, we did, and unfortunately, because of the confi- and Accounting departments along with the Compensation Com- dential nature of some of the issues involved, I can’t talk about it.” mittee knew the ongoing backdating practices were improper and Whatever the pressure point was, it must have been a doozy. needed to be “reformed,” but also that despite this knowledge, the Even when a company’s day-to-day is measured in multi-billions, defendants continually represented to investors that stock options $895 million is, if nothing else, a paradigm-shifting recovery. were granted at prices that equaled or exceeded the fair market McGuire, the former UnitedHealth CEO, paid another $30 mil- value of the stock (the prices were actually lower than fair market lion under the settlement. The largest previous stock options value) at the time they were issued. backdating settlement at the time of the agreement was $160 To prevent the documents from going public, lawyers for million, and the combined total of all others on record was $410 UnitedHealth called the clerk in charge of online access to court million, according to the RiskMetrics Group investor research documents and requested they be sealed, citing a confidentiality firm. McGuire’s share was the biggest single contribution from a agreement. Abadou still bristles in recounting the resulting legal defendant in a civil securities class action ever. dispute. It was the ultimate corporate Co-Pay. “From my perspective, it was a First Amendment issue,” he “It’s a big number to get that out of the former CEO of a com- says. “The public has a presumptive right to access court docu- pany,” says Abadou. “And, it’s $30 million cash. In other words, ments. That right isn’t absolute, but in this case, I thought it was he’s not covered by UnitedHealth’s insurance; he wasn’t going to a mistake for the defendant to try to cut off the public’s access to get indemnified for that, so he had to take it out of his pocket. these documents because we weren’t dealing with trade secrets. That was a big number.” “We were talking about back-dated stock options,” he adds. UnitedHealth also agreed to culture-changing corporate gover- “Nothing proprietary. So, I was personally offended that the nance reforms, including a shareholder-nominated director, share- defendant thought it was OK to call the court clerk and seal these holder approval of any stock option re-pricing, and a mandate documents, which caused me to file a motion to unseal everything that incentive compensation for executives reflects the company’s and go to court and argue it, and it was something we won.” performance relative to its peer group. Was this a bit of the old Poly Sci prof peeking through the bar- As part of the deal, UnitedHealth does not have to admit to rister exterior? the allegations made in the class action complaint. A spokesman “Yeah, I think it probably was.” for the insurer called the settlement “…in the best interest of the Be that as it may, Abadou summarily downplays his individual company’s shareholders and other stakeholders.” True enough. role. Abadou speculates that going to trial and losing could have cost “That argument kind of fell into my lap; that’s one way to put UnitedHealth as much as twice the settlement amount. it,” he says. “We had a great team on the case at my former firm “It’s fraud,” says Abadou. “There’s always going to be fraud and we pushed. Aggressively. And when you push aggressively on out there. We represent our clients—typically pension funds and litigation, typically good things happen when you’re a plaintiffs’ retirement funds that have been fleeced—and we try to get them lawyer. Some things broke our way on some important issues in as much of a recovery as we can. And perhaps, in the process, the case.” impose some corporate governance changes on some corporate defendants.” SEA CHANGE The business section’s small print may never be the same. The issue of the UnitedHealth corporate communications’ confidentiality played out throughout May of 2008. When a federal Chad Konecky is a regular contributor to BC Law Magazine. judge in Minneapolis lifted a restrictive order and unsealed the His last Great Case article was “Into the Drink,” the story documents in June, the Coughlin Stoia team was able to file an of Jan Hasselman’s (’97) environmental victory in the state of unredacted opposition brief, which made the damaging communi- Washington.

WWW.BC.EDU/LAWALUMNI 17 RIGOROUS BC LAW PROGRAM MAKES A SCIENCE OF LEGAL EXPRESSION Anatomy Reasoning of a & Writing Class

STORY BY JERI ZEDER PHOTOGRAPHS BY JACOB SILBERBERG ’12

18 BC LAW MAGAZINE | SPRING / SUMMER 2010 Just say it RUN-ON SIMPLY...

What does this MEAN?

RUSHED, glosses over analytical steps...

CONFUSING WHY is it PHRASING— analagous? be precise!

SLOW DOWN and teach the EXPLAIN why reader...

WWW.BC.EDU/LAWALUMNI 19 20 BC LAW MAGAZINE | SPRING / SUMMER 2010 IN ANATOMY, first-year medical students famously learn about the human body by methodically dissecting cadavers. If there’s an analogous course in law schools, it’s probably first-year legal writing, where new students slice into the anatomy of legal authority to learn the basic skills of reasoning and writing. At BC Law School, that course is called LRR&W—Legal Reasoning, Research, and Writing—and it is among the most respected first-year legal writing programs in the country.

Twenty-five years ago, first-year legal writing programs were debatable language like “the hospital acted with undue delay” typically taught by a revolving door of part-time adjuncts. That in favor of the damning but uncontestable “he waited for over model made it next to impossible to develop sophisticated legal three hours before the hospital began treating him.” Eschewing writing curricula. Things began changing in the mid-1980s, when formulas, Chirba-Martin encouraged her students to organically BC Law and a handful of other law schools started retaining “derive” the structure of the argument from the relevant statutes full-time legal writing faculty (today, most law schools employ and cases. “Anchor all your arguments in logic,” she said. “You full-time writing teachers). “BC Law faculty recognized earlier should always be advocating. Anyone should be able to take a than many schools the value of the course to the first-year cur- sentence of your memorandum out of context and know if it’s for riculum,” says Associate Professor Jane Kent Gionfriddo, who the plaintiff or defendant.” “Provide the reader with a roadmap.” served as director of LRR&W from 1985 to 2007. As they began “Present your ideas in logical order.” sharing methods and materials, convening conferences, and form- The memo Chirba-Martin was reviewing with her class is one ing consortia, the writing faculty at BC Law and other vanguard of four written assignments all first-year students must complete law schools found themselves at the forefront of improving the during this two-semester, five-credit, graded course. Each section teaching of legal writing. of forty-five students is taught by an LRR&W professor with But BC Law’s LRR&W program remains a special case. Con- the support of a teaching assistant. The first two assignments sistently ranked in the top ten to fifteen of legal writing programs are “objective” memos—students predict the outcomes of cases by US News & World Report, it’s a model course that boosts for their “supervising attorneys”—and the next two assignments the competitiveness of BC Law students for coveted jobs and are advocacy pieces where students “represent” the plaintiff or internships, and instills excellent habits of mind that serve alumni defendant. Each assignment sequentially develops skills. The first throughout their legal careers. And as standard-setting scholars objective memo, OM1, requires no research, only statutory and and practitioners, the members of BC’s LRR&W faculty (see case analysis, application of the law to the facts, and instruction sidebar) contribute substantially to the development of their craft. on written organization and presentation. OM2 introduces legal They attribute their success to their decades-long partnership and research and higher level analysis. The first advocacy memo, mutual commitment to drilling deeply into their subject, build- AM1, primes students to begin analyzing and writing as advo- ing a goal-oriented curriculum, and emphasizing individualized cates, and introduces additional research skills. AM2 presents a critique and feedback on students’ written work. They use no problem where the legal analysis is more complex and involves textbook; they created all their teaching materials and hypotheti- statutory and case law. A distinguishing aspect of the LRR&W cal problems. program is the integration of research instruction with the devel- A glimpse into their approach was visible on a Tuesday opment of analytical skills. morning in March during Associate Professor Mary Ann Chirba- In addition to classroom instruction, students receive exten- Martin’s class. Her students were writing memos in support of or sive, individual attention from the professors in a variety of in opposition to a motion for summary judgment in a case against forms—conferences, writing samples, written feedback, and a hospital. Half the students “represented” the plaintiff; the other audio comments. Audio comments on a single student’s memo half, the defendant. At the start of class, pretending to be a busy can go on for upwards of forty-five minutes; written comments judge, Chirba-Martin announced: “You know how impatient can exceed the page count of the memo itself. Students are expect- I am.” Anything but impatient, Chirba-Martin was reminding ed to write, rewrite, and rewrite again. her students to write so clearly and concisely that a judge would It’s a tough course, but students typically feel well-supported. quickly ascertain all the relevant legal analysis and argument on Andrew Siegel ’12 says that the week before an assignment is a single, swift reading of the memo. Breaking down the elements due, Chirba-Martin sets up a schedule for students to contact of the brief, Chirba-Martin her—weekdays and weekends. His greatest challenge was learn- turned her attention to the ing to do legal research. “When I went to the professor saying I (CLOCKWISE FROM TOP) Learning to fact section. She advised was worried about my research skills, within the day, the TA con- write and reason in Judy Tracy’s her students to tell their cli- tacted me to help.” He continues, “At the beginning of the year, LRR&W class: John Canale, Caroline ents’ stories as compelling- I couldn’t find a case to save my life. Now, I feel that I have well- Spillane, and Chris Iaquinto discuss ly as possible: “This is not developed research skills. If a lawyer came to me with a problem, edits to a paper; teaching assistant an abstract legal question. I could help him find the materials he needs.” Jason Crow, a 3L, leads the class There’s drama here.” She Emily Gainor ’12, a student of Associate Professor Elisabeth discussion; and Jaya Velamakanni demonstrated that a well- Keller, found her greatest challenge in learning legal analysis. and Xiao Dan “Alice” Wang listen. written fact section rejects “Professor Keller has been saying to us that lawyers help shape

WWW.BC.EDU/LAWALUMNI 21 22 BC LAW MAGAZINE | SPRING / SUMMER 2010 the law. That didn’t resonate with me until she said it for the thou- THE LRR&W FACULTY AT A GLANCE sandth time,” Gainor says. “As a lawyer, you have to synthesize the case law and come up with an approach from all the existing The strength and effectiveness of LRR&W is thought to be case law that fits the facts of the case.” This summer she will be due, in part, to the stability and collegiality among the faculty an intern for Judge Bruce M. Selya of the First Circuit Court of who run and teach the program. Faculty members have been Appeals. “I went to Professor Keller and asked her for special tips teaching in the LRR&W program no fewer than ten years, and for opinion writing. She’s putting together articles for me to read,” as long as twenty-five. They constantly share methods, materi- Gainor says. als, insights, and tips, and exude an enthusiasm that brings to Lessons from LRR&W stay with alumni throughout their mind the word “calling.” They are: careers. Eleanor P. Williams ’06, an associate at Choate Hall & Associate Professor Daniel Barnett, who began teaching at Stewart LLP in Boston, says, “I think that having taken this course BC Law in 1990. He has served as chair of the Section on Legal and having been successful in this course, I gained a certain level of Writing, Reasoning, and Research at the Association of Ameri- confidence about my writing that has helped me be successful as can Law Schools and as a member of the board of directors a practicing attorney.” She still remembers vividly the techniques of the Legal Writing Institute. His scholarship on methods of her professor, Chirba-Martin, invoked to drive home points about critiquing legal writing is widely read in his field. legal writing. There was the Kit Kat candy bar, a memorable prop for visualizing the analytical layers of a legal memorandum. There Associate Professor E. Joan Blum joined the BC Law faculty in was also the invitation to take scissors to a memo and physically 1985. In 2009, she developed and taught a course in legal rea- move paragraphs around—a method for rethinking organiza- soning to the officers of the War Crimes Chamber of the Court tional structure. And to this day, before releasing it to the world, of Bosnia and Herzegovina, at the invitation of the US Depart- Williams reads her professional writing out loud to herself, just as ment of Justice. She has served as chair of the Section on Legal Chirba-Martin recommended in that first year of law school. Writing, Reasoning, and Research at the Association of Ameri- Mintz Levin partner Scott C. Ford ’95, who calls LRR&W can Law Schools and as a member of the board of directors of “the most important class I took in law school,” sees things from the Legal Writing Institute. She is the author of the forthcom- another perspective—as a member of his Boston firm’s hiring ing book, Massachusetts Legal Research. committee. Summer associates, he says, are evaluated primarily on their writing. “We have great success with students from BC Associate Professor Mary Ann Chirba-Martin has taught at because they are generally excellent writers,” he says. “Without BC Law since 1984. In addition to her background as a litiga- question, the program at BC produces students who have writing tor and lecturer in health law, Professor Chirba-Martin holds skills that are far more developed than at other law schools.” a doctorate in health policy and management and a master’s Justice William P. Robinson III ’75 of the Rhode Island in public health from the Harvard School of Public Health. She Supreme Court also appreciates the writing skills of the BC Law has taught appellate advocacy, product safety regulation, and students he hires. “They hit the ground running,” he says. health care law and policy. The author of numerous articles on It isn’t just alumni who feel that way. The First Circuit’s Judge health care reform, she has guest lectured at Harvard Medical Selya singles out summer interns from BC Law for special praise. School, Tufts Medical School, and Children’s Hospital in Boston. “Compared to other students who have just one year of law Associate Professor Jane Kent Gionfriddo has been teaching school, the summer interns from BC seem more confident and bet- LRR&W since 1982 and directed the program for twenty-two ter prepared for the legal research and writing,” he says. years. She consults to Boston-area law firms and other law Dean for Students Norah Wylie ’79, who co-directs Semester schools, has served as president of the Legal Writing Institute, in Practice, the Law School’s externship program, writes in an and is a founder and editor-in-chief of LWI’s new monograph email, “I have consistently heard from placement supervisors over series. She has contributed extensively to the development of the years that our students are exceptionally well trained in terms the field of teaching legal writing, and has won awards for her of research and writing, and that this is highly prized among the scholarship on the subject. supervisors. This does seem to be a general reputation that our students carry with them, and this makes finding new placements Associate Professor Elisabeth Keller joined the BC Law faculty and placing students a comparatively easy sell.” in 1990. In addition to her contributions to the field of legal Professors in both doctrinal and clinical courses value the pro- writing, she has produced scholarship in other subjects, includ- gram’s rigor. “In a first-year class like Torts, we can’t spend a lot ing employment discrimination. She holds a master’s in educa- of time talking about parsing language in a case; it would get in tional policy and leadership and serves as director of Academic the way of covering the material,” says Professor Alfred Yen. Nev- Support Programs and as coordinator for the Education and ertheless, he says, “I notice my students becoming more sophisti- Law Dual Degree program with the Lynch School of Education. cated in their analysis. I believe that LRR&W is part of developing that sophistication.” Because of LRR&W, Alexis Anderson, Associate Professor Judith B. Tracy has been teaching at BC associate clinical professor at the BC Legal Assistance Bureau, can Law since 1991, and was appointed Associate Professor of take for granted the skills of the LRR&W in 1999. She was a litigator in private practice, execu- second- and third-year students tive director of the Boston Lawyers’ Committee for Civil Rights, and a Bunting Fellow. She received the Emil Slizewski Excel- (CLOCKWISE FROM TOP) Andrew she teaches—and push them Sukkar looks to Professor Judy further. She says, “I can rely lence in Teaching Award in 2001, and has published articles Tracy, foreground, as she makes on all clinic students coming about legal writing and employment discrimination. She cur- a point; Caroline Spillane; and in having a thorough ground- rently serves as coordinator of the LRR&W program. Joe Giloski. (continued on page 46) —JZ

WWW.BC.EDU/LAWALUMNI 23 home

Chico Colvard’s cinematic journey into his family’s heart of darkness BY JANE WHITEHEAD

24 BC LAW MAGAZINE | SPRING / SUMMER 2010 movie

CHICO DAVID COLVARD ’01 is an inde- shot was deafening. But the sound was pendent filmmaker. It’s taken him years nothing compared with the decades to get used to saying that aloud. But of emotional fallout that the accident since his wrenchingly personal first would detonate. documentary, Family Affair, premiered Rushed screaming to the hospital, at the 2010 Sundance Film Festival in terrified that she was going to die from January and was acquired by the Oprah her injuries, Paula disclosed to her Winfrey Network (OWN), he’s coming mother and then the police that her to terms with the label, he said, speak- father had been sexually abusing her ing by telephone from the Somerville and two sisters for years. Colvard’s studio where he was making last min- father was arrested, found guilty of ute minor edits. sexual assault in the first degree, and Family Affair tells the story of a BC LAW ALUM CHICO COLVARD sent to a minimum-security prison on childhood accident and its long after- Valentine’s Day, 1979. With husband, math. Described by OWN CEO Christina Norman as “a income, and health insurance all gone, Colvard’s mother was multi-layered, raw, and provocative family story,” the film unable to keep the family together on food stamps and what is a history of violence, sexual abuse, betrayal, loyalty, and she could earn as a seamstress, and the children were sepa- survival. Family Affair is the first film chosen for the OWN rated and sent to foster homes or to live with relatives. Documentary Film Club, founded to showcase real life stories Looking back on what he calls “the crisis of disorder” that of self-discovery and transformation. overtook their lives, Colvard sets his family tragedy in a wider Ten-year-old Chico Colvard was pretending to be his TV social context of racism and domestic violence. At the time hero, Rifleman, when he accidentally shot his older sister of the accident, the family was living in Radcliff, Kentucky, Paula in the leg with one of the military rifles his father kept near Fort Knox, after a peripatetic life on US army bases in in the house. “There’s nothing about that day that was real,” Germany and the US. Colvard’s African-American soldier says Colvard, now 42, in voiceover on a trailer on the film’s father, raised in the segregated south of Georgia, had met his website, www.c-linefilms.com. “I do remember that I was German-Jewish mother when he was stationed in Germany, in downstairs in the family room watching Rifleman. It was 1959. They married at a time when so-called anti-miscegena- make-believe. I don’t remember pulling the trigger.” The gun- tion laws still applied in many American states.

WWW.BC.EDU/LAWALUMNI 25 Colvard sees his mother—a white woman mar- who did these terrible things?” became the question ried to a black man, a foreigner who could barely that shaped his narrative. speak English—as a vulnerable figure, isolated As the hours of filmed interviews accumulated, and friendless. In the late 1960s and early 1970s, over years of painful conversations with his sisters, he grew up watching TV shows like The Honey- parents, and other relatives, Colvard reached the mooners and I Love Lucy, in which “women being point at which he knew he had to commit to the slapped around” was part of the comedy. “That’s documentary project. In late 2008, award-winning the environment in which my father began to physi- documentary film producer Liz Garbus, co-founder cally abuse my mother,” he said. of the independent production company Moxie After a troubled adolescence marked by minor Firecracker, Inc., was so impressed by footage from vandalism, truancy, and time in a juvenile correc- Colvard’s work in progress that she arranged a tional facility, Colvard took a turn for the better meeting and told him she wanted to help him finish when he was accepted at the University of Mas- the film and get it out into the world. “I was incred- sachusetts-Boston. There, he took film and video ibly impressed with the graceful and masterful way classes, always with the goal of using the media to Chico walked the difficult tightrope of filmmaker shed light on social justice issues. At BC Law, he and film subject,” Garbus wrote in an email mes- gravitated to the Juvenile Rights Advocacy Project, sage. “Chico allows the story to unfold like a mys- headed by Professor Francine Sherman. But eco- tery, a journey into the past and its ripple effects on nomics ruled out juvenile justice as a career path. “I the present, which keeps viewers engaged through was very focused, and at the same time I needed to some difficult territory,” she said. pay my bills,” he said. With Garbus on board, Colvard built an impres- Rushed screaming to the hospital, terrified that she was going to die from her injuries, Paula disclosed to her mother and then the police that her father had been sexually abusing her and two sisters for years.

As a first-year associate working in corporate sive team, including Emmy-award-winning editor litigation at the Boston offices of Brown Rudnick, Rachel J. Clark, and Executive Producers Dan Colvard joined Volunteer Lawyers for the Arts. He Cogan and Abigail Disney. Even with such sup- helped independent producer/director Lucia Small port, the transition to full-time filmmaking has been secure music rights for her documentary portrait of unnerving: “Your film becomes a business, and her estranged father, visionary architect Glen How- that’s the very unsexy side,” said Colvard. “You’re ard Small, My Father, The Genius, (2001). “It was either going to succeed or fail in a very public way. the highlight of my day to be somewhat connected And it’s terrifying.” to that moving image world,” he said. Colvard hopes that Family Affair will not be When Brown Rudnick let him go after eighteen pigeonholed as an “incest” film, and believes that months, Colvard took the opportunity to move the story will resonate with anyone “who’s found “towards the thing I wanted to do.” While teaching him or herself making accommodations for a parent courses in race, law, and media at UMass-Boston who was abusive, neglectful, or harmful in some part-time, he began the eight-year-long process of way.” Garbus agrees. “Ultimately, the film is a excavating and retelling the story of his family’s universal one about family, and the longing for our history of domestic violence, sexual abuse, and its parents, despite the most grave trespasses,” she said. long afterlife. Even following the limited exposure of the film “When I started this project, I didn’t know I so far, Colvard has been deluged by people calling was making a ‘documentary,’” wrote Colvard in and emailing to share their own stories of parental his Director’s Statement for the film’s Sundance betrayal and abuse. “There are so many grown peo- publicity package. “It felt more like I was lawyering ple who’re still grappling with these issues,” he said. with a camcorder: gathering eyewitness testimony, “The film gives people permission to talk about it.” preparing evidence and arguments to present later Thanks to its acquisition by OWN, Family Affair is at trial.” He set out to indict his father, but soon set to reach a mass audience. But the most impor- realized that the story had many other dimensions. tant reward for Colvard is that “this project be He had not been in touch with his father for 15 accessible to women like my sisters.” years when, at a Thanksgiving gathering in 2002, Family Affair will be shown at film festivals he was shocked to see that the man who had abused nationwide in the coming months. For a full sched- his daughters was still emphatically a part of their ule, see www.c-linefilms.com. families, welcomed into their homes. “Why were my sisters and others accommodating this man, Jane Whitehead is a regular contributor.

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[ POINT OF VIEW]

A Prodigal Son Returns

by James Christian A. Bitanga ’06

NOT TOO LONG AGO, I thought I had it all figured out. Equipped with unwavering ambition, a knack for advocacy, and a pair of horse blinders, I filled the role of a New York litigator over the last few years with modest self-satisfaction. Yet, the life I left behind in the Philippines in 2003 for the proverbial “greener pastures” of America, welcomed me back to stay in 2008 like a smug father expecting the return of his prodigal son. For sure, the main reason for returning was a compelling one: marrying my fiancée. But I also headed home with a cloud of uncertainty hovering over my career. Within the first year of my marriage and after a fluke application, I made the tough decision to defer private legal job opportunities in favor of a clerkship with Chief Justice Reynato S. Puno of the Supreme Court of the Philippines. During my days at BC Law, thoughts of working full-time in public service never crossed my mind, yet years later I found myself accepting this appointment with excitement. I knew full well that this would not only be the lowest paying job I would ever take, but also my first as a married man. Nevertheless, the prospect of working closely with the head of my country’s Supreme Court quelled most doubts about my choice. On my first day of work, it didn’t take much time to notice the drastic change in environment from law firm life in New York. The Supreme Court building, in all its stateliness, is lodged in the center of the mixed panorama known as Manila, surrounded by both the good and the bad: history, poverty, culture, and vibrancy. Inside the court, I discovered a new dimension to the legal profession, manifested by peculiar parlance among the professionals and their striking deference to one another. For instance, Philippine lawyers are referred to as “Attorney (so-and-so)” with a tone of reverence similarly given to a priest when referred to as “Father.” Peers in the profession call The prospect of working closely with each other “compañero/a” as a nickname of affinity. Philippine justices and judges are verbose and elo- the head of the Philippines’ Supreme quent and possess an excellent command of English Court quelled most doubts about my as the native tongue. Perhaps the ritual known as the Bar Examinations is most telling of this culture choice to return home. of exclusivity. It spans four consecutive September Sundays and ends with a carnival-like affair outside the testing buildings, complete with school bands, cheering, and other revelry. Even more intriguing is the incredibly low passing rate of 20 percent last year. Cultural adjustments aside, the thought of working with Chief Justice Puno, or “Chief” as he is called in the court (an ironic custom considering the formal environment here), trumped any nervousness I had about being the out- sider. The intellectually engaging Chief Justice clearly enjoys the admiration and respect of his fellow justices, and I could see why. In the court, his work ethic (continued on page 47)

WWW.BC.EDU/LAWALUMNI 27 Class of 2010

Commencement speaker US Senator Scott Brown ’85 PHOTOS BY SUZI CAMARATA

28 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ F ACULTY] NEWS & RESEARCH

SCHOLAR’S FORUM

Redefining Disability Here and Abroad

by Professor Vlad Perju

he 2008 Amendments to the Americans with Disabilities Act (ADA) have revived the public’s attention to the plight of persons with disabilities. Almost two decades after the ADA’s enactment, Congress T sought to undo the damage that demanding, court-imposed standards for qualifying as disabled had inflicted on the struggle the United States. These are hollow hopes. They rest on for recognition of persons with disabilities. The Amend- an inadequate understanding of why judicial decisions ments leave unchanged the statutory definition of dis- have sustained the medicalized approach to disability in ability as “(a) a physical or mental impairment that sub- the first place. The available explanations—which range stantially limits one or more of the major life activities of from textualist to jurisprudential interpretations and such individual; (b) a record of such an impairment; or from an emphasis on the institutional role of the judi- (c) being regarded as having such an impairment.” How- ciary to broader ideological-cultural considerations—are ever, the Amendments direct judges to construe the stat- helpful but ultimately insufficient. These explanations utory definition of disability “in favor of broad coverage share the assumption that the American experience with of individuals,”1 thus channeling the superior quantum disability reform is unique. In fact, it is not. of their interpretative energy away from the nature of Many legal systems around the world have enacted medical impairments, as in the past, and towards their disability reform in the last couple of decades, often by social effects. Under this social model conception, dis- taking the ADA as their model. What a comparative ability is not caused by an individual’s medical condition approach uncovers is that these systems have also experi- but by society’s reaction to that condition. For instance, enced comparable judicial reactions against social model inability to walk is not a disability; what makes it a dis- legislation, in the form of narrow interpretations of disability is the lack of wheelchair-accessible buildings. ability that limited the scope ratione personae of that leg- The 2008 Amendments thus assume that a change in islation. Once it is understood that the American experi- the judicial approach to interpreting the definition of dis- ence is not unique, it becomes possible to inquire if the ability, while leaving the old definition intact, will restore cross-jurisdictional phenomenon has common causes. the ADA’s original promise of social opportunity and Below, I discuss the comparative history of disability recognition for the fifty million disabled individuals in reform in the US and the European Union (EU) and (continued on page 47)

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PROFILE

Immortal Longings

PROFESSOR MADOFF DISSECTS THE AMERICAN LAW OF DEATH

he research material for Professor Ray Madoff’s latest book, Immor- T tality and the Law: The Rising Power of the Dead, (Yale University Press, May 2010) sits in six cardboard boxes atop a bookshelf in her office. The first two are labeled “Body.” About five years ago Madoff began to explore systematically how American law treats the interests of the dead. “I wanted to look at the law of death,” said the tax and estate specialist in a recent conversation. “What are the rules governing dead people? Can you tell lies about a dead person? What rights do people have to control their bodies? What about controlling their creative works? What happens to their email accounts?” Madoff’s questions led her into bizarre byways of US history, business, and law. From the familiar ground of trusts and disinheritance, she moved to the grey regions where law, science, and ethics intersect, including organ donation by executed convicts, posthumous conception, and cryogenics. In terms of personal rights, like the fate of bodies and reputations, American law offers fewer protections than many other jurisdictions, she found. But dead Americans score highly when it comes to controlling “anything that’s a property interest, or capable of being made into a property interest.” “We are more anti-death than any other place in the world,” said Madoff.

MIMI BERNARDIN She sees this bias in the national psyche as underlying resistance to reform of the . People federal estate tax (popularly denounced as “ i love teaching trusts and estates “the death tax,”) and the proliferation of think it is going to be really boring and dry, and in fact “dynasty trusts” that allow the transfer of untaxed wealth down generations in per- the cases are amazingly interesting and varied. Every week petuity. In a July 9, 2008 New York Times Op-Ed piece about hotel heiress Leona it’s like reading some form of pulp fiction.” Helmsley’s bequest of up to $8 billion to

30 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ F ACULTY]

be used for the care of dogs, Madoff took aim at the tax deduction for charitable Brian Galle Joins Faculty gifts, and perpetual private foundations, decrying them as “a mechanism by which TAX EXPERT ENHANCES HIGH RANKING PROGRAM American taxpayers subsidize the whims of the rich and fulfill their fantasies of immortality.” rian Galle, a specialist in tax and he was a Graduate Tax Scholarship Pro- After majoring in analytical philosophy administrative law, has joined the gram Fellow, and a JD from Columbia at Brown University, Madoff went to law BBC Law faculty as assistant profes- Law School, where he was a Kent Scholar school with the idea of working for bat- sor. He becomes part of an already strong and Special Issues Editor of the Columbia tered women, or saving whales. “I found BC Law tax faculty that includes Hugh Law Review. to my horror that I really, really liked cor- Ault, Ray Madoff, James Repetti ’80, and porate tax,” she said, laughing. After nine Diane Ring. The program is ranked 23rd in Other Faculty News years as a corporate tax lawyer in New the country in US News & World Report. R. Michael Cassidy, who has been BC York and Boston, a one-year visiting pro- “We are thrilled to welcome Brian to Law’s Associate Dean for Academic Affairs fessorship at BC Law in 1993 gave Madoff the BC Law family,” said Dean John Gar- since June of 2007, will be on sabbatical the route she had been seeking into the vey. “He is a tremendously talented young during the next academic year. Professors academic world. A permanent post fol- teacher and scholar, and we’re very lucky James Repetti and Diane Ring will serve lowed, and since then she has taught trusts to have him.” jointly in his stead during his absence. and estates, tax, estate and gift tax, estate Galle, who recently served as visiting Changes among the Law School’s clini- planning, and a seminar on immortality professor at both Georgetown and George cal faculty include the promotion of Sharon and the law. Washington law schools, has published Beckman to Associate Clinical Professor. “I love teaching trusts and estates,” more than a dozen articles in the past She has taught the Criminal Justice Clinic said Madoff. “People think it’s going to be few years in, among others, the Duke, for six years and oversees an Innocence really boring and dry, and in fact the cases Michigan, and Washington University law Project that she started here in 2005. She are amazingly interesting and varied. Every reviews. His particular focus is on the holds BC Law’s Distinguished Teaching week it’s like reading some form of pulp impact that the designs of tax programs Award. The Law School has also renewed fiction.” Pulp fiction aside, Madoff is the and other fiscal tools have on the relation- the contract of Assistant Clinical Professor lead author of Practical Guide to Estate ship between the federal government, state Maritza Karmely. She teaches the Civil Planning (CCH), now in its tenth edition. and local governments, and private regula- Litigation and Women and Law clinics at Madoff keeps one foot in the world of tory partners and stakeholders. the Law School. real-life disputes by acting as a mediator in Previously, Galle was an attorney in the In May, Professor Charles “Buzzy” will and trust conflicts. In 2003, she carried Criminal Appeals and Tax Enforcement Baron’s forty-year career at BC Law was out a nationwide study of court-sponsored Policy Section of the Tax Division, US celebrated at a retirement party in Barat programs for mediating probate disputes. Department of Justice, arguing more than House. Colleagues, friends, and former As the youngest of four children and the a dozen cases before US courts of appeals. students paid tribute to his legacy as a mother of three teenagers, she sees herself Prior to that, he clerked for the Hon. Robert constitutional scholar and patients’ rights as “constitutionally a mediator.” A. Katzmann of the US Court of Appeals for advocate. As Dean John Garvey recently When not engrossed with death and the Second Circuit, and the Hon. Stephen said of Baron: “Buzzy really believes in taxes, Madoff’s thoughts often turn to M. Orlofsky of the US District Court for the academic freedom, the role of reason in food. “I’m a little bit of a compulsive cook District of New Jersey. our affairs, and the dignity of every person. on the side,” she admitted. She likes to Galle earned an LLM in taxation from There is no one I would trust more with an have something bubbling on the stove at Georgetown University Law Center, where important decision.” all times, since “shoveling out the food is a lot of what you do when you have three kids.” Luckily, the commute from office OVERHEARD to kitchen is short. Madoff, who grew up “I tell my students, ‘I don’t care what you think, but think in Newton, and her husband, an environ- something.’ Too often students get into the habit of regurgitating mental lawyer, bought a house two blocks from BC Law when she started teaching. what professors want to hear. What I am much more interested “I promise I’ve lived other places,” she in is the position, the craft of lawyering, forcing them to make an protested. But as she gathered her notes for a lunchtime seminar, she was clearly right argument, no matter what side it is on.” at home. —Professor Richard Albert, in the Boston College Chronicle —Jane Whithead

WWW.BC.EDU/LAWALUMNI 31 [ F ACULTY] FEATURED FACULTY

BENCHMARKS Making a Difference with Our Pens

by Associate Dean R. Michael Cassidy

uch of the scholarship written by law professors is pub- GEORGE BROWN lished in law reviews or books by university presses. In Robert F. Drinan Professor M these contexts, legal academics are, in essence, talking to each other about legal theory. On other occasions, we write for a different audience: legislators and judges who make and shape the law. Here our objective is quite different: We are actively trying to influence public policy. Some of my colleagues are adept at moving between these two genres seamlessly, contributing to the universe of intellectual ideas and making a difference on the ground. Robert F. Drinan Professor George Brown is a good example. An expert in federal-state relations and government ethics, he has written more than forty influential law review articles in top journals such as the Cornell Law Review and the William & Mary Law

Review. In 2009, he received the Law School’s distinguished scholarship award, and his DAN KANSTROOM scholarship on public corruption was cited by Justice Antonin Scalia in his dissenting Professor opinion in Sorich v. United States. But George Brown’s contributions to the legal profession go beyond the esoteric. Twice he has been tapped by Massachusetts governors to tackle difficult problems of ethics in government. In 1994, Governor William Weld appointed him chairman of the Massachusetts State Ethics Commission. In 2008, Governor Deval Patrick appointed him to a Task Force on Public Integrity. That latter commission produced a set of legislative recommendations that led last July to the most comprehensive ethics reform in Massachusetts in over three decades. Other examples of “action scholarship” by our faculty abound. Professor Dan Kanstroom serves on a special ABA Commission on Immigration that recently issued a

comprehensive report entitled “Reforming the Immigration System.” The commission’s FRANCINE SHERMAN work has been cited in many venues, including the New York Times, and is being widely Clinical Professor circulated in Washington, DC, as a potential blueprint for legislative action. Professor Francine Sherman’s work in the area of juvenile justice led her to testify in March before the House Committee on Education and Labor about reauthorization of the Juvenile Justice and Delinquency Prevention Act (see http://edlabor.house.gov/hearings/2010/03/meeting-the-challenges-faced-b.shtml). She advocated repeal of the valid court order exception to the deinstitutionalization of status offender mandate, and for requiring jurisdictions to collect and analyze juvenile justice system data disaggregated by gender and cross-referenced by race and ethnicity. Professor Paulo Barrozo has been studying the problems of neuro-diverse children in the context of international adoption of unparented children. He has testified before such bodies as the United Nations and the Inter-American Commission on Human Rights, and is PAULO BARROZO now involved in efforts to improve the Families for Orphans Act currently before Congress. Assistant Professor Professor Vlad Perju recently served on an eight-member commission appointed by the President of Romania to advise him about constitutional reform. The commission studied the evolution of the political and institutional regime since the current constitution was adopted by referendum in 1991. The report was presented to the President, Prime Minister, members of the Cabinet, and Supreme Court justices in a televised ses- sion. Since its release in January 2009, the report has become an important reference point in the intense public debate about the need to reform the Romanian state. These examples illustrate that the ivy tower is not simply a perch, but also a position of enormous influence. By striving to make a difference with their scholarship and advocacy, my colleagues are modeling for BC Law students their commitment to public service. VLAD PERJU Assistant Professor

32 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ F ACULTY] Academic Vitae Compiled and Edited by Deborah J. Wakefield

RICHARD ALBERT Author of the following op-ed the Stockholm University Law Fac- History Review and to the Board Assistant Professor pieces: “Why You Don’t Hear ulty seminar in March. Discussion of Directors of the American Soci- Harper Say ‘God Bless Canada’ leader and presenter, “Tax Treaties ety for Legal History. Recent Publications: Review of Anymore,” Hill Times, and “Kar- from a Legal and Economic Perspec- Constitutional Rights, Moral zai at a Crossroads,” United tive” conference organized by the ROBERT M. BLOOM Controversy, and the Supreme Press International in Nov.; “The Institute for Austrian and Interna- Professor Court, by Michael J. Perry. Journal Politics of Prosecution,” TheHill. tional Tax Law, Vienna in March. Recent Publications: With Mark S. of Church and State 51 (2010): com, “Telling the Story of His- Brodin. Criminal Procedure: The 710–712. tory,” HuffingtonPost.com, and CHARLES H. BARON “Pakistan’s Patriots,” United Press Professor Constitution and the Police. 6th Presentations: “The Political Con- International in Dec.; “The Price ed. New York: Aspen Publishers, Presentations: “Should the Law sequences of the New Health Care of Freedom” and “Presidential 2010. Allow Refusal of Blood Transfu- Law,” Boston College in March. Roulette,” HuffingtonPost.com in sions by or for Minor Jehovah’s “Constitutional Handcuffs,” Uni- Jan.; “The Rhetoric of Redemption Works in Progress: “A More Majes- Witnesses?”, Wellesley College in versity of Memphis Cecil C. Hum- in Presidential Elections,” Huff- tic Conception: Reinstating Judicial April. phreys School of Law in March ingtonPost.com in Feb.; “Karzai’s Integrity as the Original Justifica- and the University of Iowa Col- Cabinet Quandary,” United Press tion of the Exclusionary Rule.” Other: Elected vice president of the lege of Law in Feb. “Pursuing International, “Canada’s Looming Westport River Watershed Alli- Your Passion with Purpose,” panel Succession Crisis,” TheMarknews. Presentations: “Torture in the Age ance in April. entitled “Finding Your Passion,” com, and “The Next Justice,” of Terrorism,” Temple Shalom of and “There Is No Secret to Suc- HuffingtonPost.com in March. Newton (MA) in March. cess,” panel entitled “Exceeding PAULO BARROZO Assistant Professor Expectations as a Law Student,” ALEXIS J. ANDERSON New Appointments: Appointed by Northeast Black Law Students Associate Clinical Professor Works in Progress: “A Doctrinal the provost of the University of Association Regional Convention, Structure for Cruel Punishment,” Massachusetts to evaluate faculty Other: Recipient of a 2010–2011 Syracuse, NY, in Jan. an article that provides a gen- candidates. University Teaching, Advising, and eral and systematic alternative Mentoring Grant for the develop- Activities: Moderator, “Massachu- to standing Eighth Amendment MARK S. BRODIN ment of interactive professional setts Senatorial Democratic Can- doctrine in federal courts. Professor responsibility training materials. didates Forum,” BC Law in Nov. Recent Publications: William P. Delegate, Association of Ameri- Activities: Panel moderator, “Legal Homans Jr.: A Life in Court. Lake can Law Schools (AALS) House FILIPPA MARULLO ANZALONE Issues in the Fight for Permanency,” Mary, FL: Vandeplas Publishing, of Representatives meeting, and Professor and Associate Dean for 2010 Adoption Policy Conference, 2010. With Robert M. Bloom. panel moderator, “The Consti- Library and Technology Services New York Law School in March. Criminal Procedure: The Consti- tutional Politics of Presidential Recent Publications: “Education Czar Appointments,” AALS 2010 tution and the Police. 6th ed. New for the Law: Reflective Educa- KAREN S. BECK York: Aspen Publishers, 2010. Annual Meeting, New Orleans in tion for the Law.” In Handbook Curator of Rare Books and Jan. Served as judge at the League of Reflective Inquiry: Mapping Collection Development Librarian Presentations: Book discussions of Women Voters Civics Bee in a Way of Knowing for Profes- Weston, MA, in March. Com- Other: Curated the exhibit “Books on William P. Homans Jr.: A Life sional Reflective Inquiry, edited mentator, “Obama and Executive and Their Covers: Decorative in Court, Supreme Judicial Court by Nona Lyons, 85–99. New York: Power” panel, conference entitled Bindings, Beautiful Books” in the Historical Society at the Social Springer, 2010. “President Obama, National Secu- Daniel R. Coquillette Rare Book Law Library, the Curtis Club, and rity, and Executive Power” spon- Room. Creator of “The Corre- the National Lawyers Guild Mas- Activities: Member, American Uni- sored by the Clough Center for the spondence of Lemuel Shaw: A sachusetts Chapter in April. versity Washington College of Law Study of Constitutional Democ- Virtual Exhibit.” ABA/AALS re-accreditation site racy, Boston College in April. GEORGE D. BROWN visit team. SHARON L. BECKMAN Robert F. Drinan, SJ, Professor of Law New Appointments: Elected to Associate Clinical Professor HUGH J. AULT the Boston College Student-Ath- Professor Promotions: Promoted to associ- Activities: Conference co-direc- lete Advisory Committee for a ate clinical professor at BC Law. tor and member of the “Les- three-year term. Appointed to the Recent Publications: With Brian sons Learned” panel, “President Program Committee of the AALS J. Arnold. Comparative Income MARY SARAH BILDER Obama, National Security, and Section on Law and Religion. Taxation: A Structural Analysis. Professor Executive Power,” Clough Center 3rd ed. Alphen aan den Rijn, the for the Study of Constitutional Other: Hosted several judges of the Netherlands: Kluwer Law Interna- Presentations: “Madison’s Hand,” Democracy, Boston College in US District Court for the District tional, 2010. Brigham Young University Law April. of Massachusetts, law professors, School in Dec. and BC Law alumni at roundtable Activities: Panelist, “Tax and Cor- MARY ANN CHIRBA-MARTIN discussions with students at BC porate Governance,” Stockholm New Appointments: Appointed to Assistant Professor of Legal Law during the academic year. Centre for Commercial Law and the Editorial Board of the Law and Reasoning, Research, and Writing

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Recent Publications: “Drawing Lines New Possibilities for Global Jus- Other: Author of “A Campaign Annual Meeting, New Orleans in in Shifting Sands: The US Supreme tice,” colloquium series, Univer- Funding Mess,” an op-ed in the Jan. Invited panelist, conference Court’s Mixed Messages on ERISA sity of New South Wales (UNSW) Boston Globe and “A Way Out entitled “Corporate and Financial Preemption Imperil Health Care and “Re-envisioning Global Jus- of the Citizens United Mess?” Regulation Scholarship: Where Reform.” Journal of Legislation 36 tice,” faculty seminar, University a blog essay on HuffingtonPost. Did We Go Wrong?” Loyola Uni- (March 2010): 91–144. of Technology, Sydney, Australia, com in Jan. Served as quarter- versity Chicago in April. in March. “Comment: Global- final round judge, Fifth Annual Works in Progress: “Avoiding the izing Legal Education,” seminar Constance Baker Motley National Other: Participant, faculty panel Avoidable: Why State Laws Need on “European Legal Cultures Moot Court Competition in Con- discussion, BC Law Admissions to Protect Kids from Airbags.” in a Context of Globalization,” stitutional Law, Suffolk University Open House in March. Recipient UNSW Centre for Interdisciplin- Law School in March. of the Business and Law Society of Activities: Lectured on health care ary Studies of Law in March. BC Law 2010 Faculty Award for reform, Harvard Medical School RUTH-ARLENE W. HOWE Inspirational Achievement. in Feb. Served on the Albert Sch- New Appointments: Appointed Professor Emerita to the Association of American DANIEL KANSTROOM weitzer Fellowship Selection Com- Recent Publications: “Adop- Law Schools Special Committee Professor and Director of the mittee in March. tion Laws and Practices: Serving on International Objectives for International Human Rights Whose Interests?” In Baby Mar- Other: Awarded a Doctorate of 2010–2011. Program kets: Money and the New Poli- Science in Health Policy from the tics of Creating Families, edited Recent Publications: Deportation Harvard School of Public Health. Other: Taught globalization and by Michele Bratcher Goodwin, Nation (Paperback edition). Cam- international commercial law 86–93. New York: Cambridge bridge, MA: Harvard University DANIEL R. COQUILLETTE courses at UNSW and the Univer- University Press, 2010. Press, 2010. J. Donald Monan, SJ, sity of Technology in March. Professor of Law Activities: Attended a meet and Presentations: “Passed Beyond KENT GREENFIELD Recent Publications: Portrait of a greet event hosted by the Black Our Aid: Deportation Law and Professor Patriot: The Major Legal and Polit- Law Students Association (BLSA) the Unplanned American Dias- ical Papers of Josiah Quincy Junior, Works in Progress: The Myth of and the Black Alumni Network pora,” “International Conference: Volume 4, The Law Reports, Part Choice. Yale University Press. (BAN) at BC Law in Feb. Attended Deportation and the Development One (1761–1765). Boston: Colo- “Law, Politics, and the Erosion the BLSA annual Ruth-Arlene W. of Citizenship,” Oxford Univer- nial Society of Massachusetts, of Legitimacy in the Delaware Howe Heritage Dinner sponsored sity, UK, in Dec. “After Deporta- 2009. Portrait of a Patriot: The Courts.” New York Law School by BLSA and BAN at BC Law in tion,” faculty workshop, Temple Major Legal and Political Papers Law Review. March, and presented the 2010 University Beasley School of Law of Josiah Quincy Junior, Volume Professor Howe Service Award to in Feb. “Post-deportation Human 5, The Law Reports, Part Two Presentations: “Possible Responses Eleanor P. Williams ’06. Rights Law,” University of Mas- (1765–1772). Boston: Colonial to Citizens United,” as invited sachusetts, Boston in March. GAIL J. HUPPER Society of Massachusetts, 2009. speaker, Business Ethics Net- work webinar in Feb. “The Director of LLM and Activities: Moderator, “The 2007 Works in Progress: A new edition Implications of Citizens United International Programs New Bedford Immigration Raid” panel sponsored by the AHANA of Real Ethics for Real Lawyers. on Corporate Speech Rights and Presentations: “Teaching a Coun- Graduate Student Association, Durham, NC: Carolina Academic Corporate Power,” Tellus Insti- try’s Legal System as a ‘System’,” Boston College Graduate School Press, forthcoming 2011. tute in Feb. “The Myth of Choice: Global Legal Skills Conference V, of Social Work, Lynch School of Constraints on Decision Making Monterrey, Mexico, in Feb. Activities: As reporter to the in Law and Life,” University of Education, and BC Law in March. Committee on Rules of Practice Windsor Faculty of Law, Ontario Other: Member of a special With Professor M. Brinton Lykes, and Procedure of the US Judicial in March. Supreme Judicial Court task force organized and hosted the “Depor- Conference, attended meetings in to revise the rules for admission tation, Migration, and Human Phoenix in Jan. and Atlanta in Activities: Symposium panelist, of foreign-trained attorneys to the Rights” conference, BC Law in March. “The Delaware Fiduciary Duty of Massachusetts Bar. A draft of the March. Panelist, “Controversies Good Faith after Disney: Mean- proposed new rules was published Facing the Obama Administra- New Appointments: Appointed ingful or Mickey Mouse?” New in Dec. tion,” conference entitled “Presi- Charles Warren Visiting Profes- York Law School in Nov. Invited dent Obama, National Security, sor in American Legal History at panel moderator, “Stakeholder RENÉE M. JONES and Executive Power” sponsored Harvard Law School. Engagement,” expert meeting Associate Professor by the Clough Center for the Study on “Corporate Law and Human of Constitutional Democracy, Bos- Works in Progress: “The Role of FRANK J. GARCIA Rights: Opportunities and Chal- ton College in April. Good Faith in Delaware: How Professor and Director of the Law lenges of Using Corporate Law Open-Ended Standards Help Other: As pro bono counsel, won and Justice in the Americas Program to Encourage Corporations to Respect Human Rights,” Osgoode Preserve Delaware’s Edge.” New a political asylum case for a Tan- Recent Publications: “Justice, Hall Law School, York Univer- York Law School Law Review zanian child in Jan. Traveled to the Bretton Woods Institutions, sity, Toronto in Nov. Panelist, (forthcoming 2010). South Florida with law students and the Problem of Inequality.” In “Are Corporations People Too? on an Immigration Service trip Developing Countries in the WTO Understanding Citizens United,” Activities: Invited participant, in March. Assisted with training Legal System, edited by Chantal BC Law in Feb. Association of American Law sessions for volunteers to help Thomas and Joel P. Trachtman, Schools Section on Business Asso- Haitian applicants for Temporary 457–510. Oxford: Oxford Univer- New Appointments: Appointed ciations panel, “The Financial Protected Status in the US. Recipi- sity Press, 2009. chair of the Association of Ameri- Collapse and Recovery Effort: ent of a 2010–2011 University can Law Schools Section on Busi- What Does It Mean for Corpo- Teaching, Advising, and Mentor- Presentations: “Globalization and ness Associations for 2010–2011. rate Governance?” AALS 2010 ing Grant for the development

34 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ F ACULTY] of an international human rights Children and Death: From Biologi- lectual Property and Free Speech With Noah D. Hall. Supplement externship program. cal to Religious Conception, edited Collide.” Boston College Law for Law Teachers and Handout by Victoria Talwar, Paul Harris, and Review 50 (2009): 1307–1314. Materials for Teaching Environ- Promotions: Promoted to full pro- Michael Schleifer. Oxford: Cam- mental Law 2009–2010 Updating fessor at BC Law. bridge University Press, forthcom- Presentations: “The Free Speech the Teacher’s Manual: Environ- ing 2010. “The Body in American Rights of ‘Off-Duty’ Public mental Law and Policy: Nature, MARITZA KARMELY Law: An Historical Perspective.” Employees,” Brigham Young Uni- Law and Society. 3rd ed. [Alphen Assistant Clinical Professor In Contested Commodities, edited versity Law Review Faculty Sym- aan den Rijn, the Netherlands]: by Michele Goodwin. New York: posium in March. Promotions: Promoted to assistant Wolters/Kluwer, 2009. New York University Press, forth- clinical professor at BC Law. coming 2010. Activities: Panelist, “Controversies Presentations: “The Only Fish Facing the Obama Administra- SANFORD N. KATZ Story Where the Fish Gets Presentations: “Immortality and tion,” conference entitled “Presi- Darald and Juliet Libby Smaller,” Lake Forest College in the Law,” University of Connecti- dent Obama, National Security, Professor of Law Nov. “River Management Plan- cut School of Law in March. “The and Executive Power” sponsored ning and Endangered Species Recent Publications: “Robert F. Law of the Dead,” Association for by the Clough Center for the Study Laws,” Yale School of Forestry Drinan, SJ” In Yale Biographi- the Study of Law, Culture, and the of Constitutional Democracy, Bos- and Environmental Studies in Feb. cal Dictionary of American Law, Humanities 13th Annual Confer- ton College in April. “The Public Trust: Chicago’s Role edited by Roger Newman, 174– ence, Brown University in March. in One of the Most Important 175. New Haven, CT: Yale Uni- “Over My Dead Body: The Curi- New Appointments: Chair, Ameri- Doctrines in Environmental Pro- versity Press, 2009. ous History of Dead Bodies under can Association of Law Schools tection,” Lake Forest College in American Law,” Center for the (AALS) Section on Mass Com- April. New Appointments: Named sec- Humanities at Tufts in March. munication Law, and chair-elect, tion editor in the area of family AALS Section on National Secu- INTISAR A. RABB law for the Massachusetts Bar Other: Author of “Save the Farm, rity Law. Assistant Professor Association Section Review Tax the Manor,” an op-ed in the New York Times in Nov. Other: Testified before the Mas- Recent Publications: “Islamic DANIEL LYONS sachusetts legislature’s Joint Legal Maxims as Substantive Can- Assistant Professor JUDITH A. MCMORROW Committee on the Judiciary on ons of Construction.” Islamic Law Professor proposed journalist shield law in and Society 17 (2010): 63–125. Recent Publications: “Technol- Feb. ogy Convergence and Federalism: Activities: Member, American Bar Works in Progress: Islamic Crimi- Who Should Control the Future Association Center for Professional VLAD PERJU nal Law and Legal Change: The of Telecommunications Regula- Responsibility Annual Conference Assistant Professor Internal Critique. tion?” University of Michigan Planning Committee. Attended Externships 5, University of Miami Works in Progress: “Impairment, Journal of Law Reform 43 (2010): Presentations: Invited respondent School of Law in March. Discrimination, and the Legal 383–434. to keynote lecture, Boston College Construction of Disability in Department of Political Science Europe and the US.” “The Lives Works in Progress: “Virtual Tak- Other: Recipient of a 2010–2011 Interdisciplinary Graduate Con- of Others: Reflections on Consti- ings: The Coming Fifth Amend- University Teaching, Advising, ference, “The Politics of Human tutionalism in Eastern Europe.” ment Challenge to Net Neutrality and Mentoring Grant for the Rights,” in March. Regulation.” development of an international human rights externship program. Presentations: “Impairment, Dis- crimination, and the Legal Con- Activities: Participant, “History Presentations: “Virtual Takings,” and Justice in the Middle East,” DAVID S. OLSON struction of Disability,” seminar Boston University Law School in Jan. Yale Law School Middle East Assistant Professor on disability law, Boston Univer- sity School of Law in March. Legal Studies Seminar, Marrakesh, Activities: Panelist, “VoIP Juris- Recent Publications: “First Morocco, in Jan. Participant, Har- diction and Classification, Who Amendment Interests and Copy- vard Law School Islamic Legal Should Regulate the Technol- Activities: Panelist, conference right Accommodations.” Boston Studies Program Workshop, ogy of Tomorrow?” National on comparative constitutional College Law Review 50 (2009): “Islamic Law in the Law of Association of Regulatory Util- law, George Washington Univer- 1393–1423. “Taking the Utilitar- National States in the Middle East ity Commissioners 2010 Winter sity Law School in Feb. Panelist, ian Basis of Patent Law Seriously: and Southeast Asia,” in March. Committee Meetings, Washing- conference on teaching European The Case for Restricting Patent- ton, DC, in Feb. Union law, Boston University able Subject Matter.” Temple Law School of Law in Feb. Other: Attended the Ameri- Review 82 (2009): 181–240. can Association of Law Schools RAY D. MADOFF (AALS) 2010 Annual Meeting, Professor New Appointments: Affiliate, New Orleans in Jan. Member, Works in Progress: “First Amend- Minda de Gunzburg Center for Recent Publications: Immortality ment Based Copyright Misuse.” executive committees of the AALS European Studies at Harvard Uni- Section on Criminal Justice and and the Law: The Rising Power of William and Mary Law Review versity, effective spring 2010. the American Dead. New Haven: 52 (forthcoming 2010). the Section on Islamic Law. Yale University Press, 2010. ZYGMUNT J. B. PLATER JAMES R. REPETTI Activities: Member, BC Law Clerk- Professor Works in Progress: “What Leona ship Committee. William J. Kenealy, SJ, Helmsley Can Teach Us about the Recent Publications: Setting It Professor of Law Charitable Deduction.” Chicago- MARY-ROSE PAPANDREA Straight: A Thirtieth Anniversary Recent Publications: “The United Kent Law Review 85 (2010). Associate Professor Gathering…in Memory of the Lit- States.” In Comparative Income “How the Law Constructs Its tle Tennessee River and its Valley. Understanding about Death.” In Recent Publications: “Where Intel- [Newton, MA: Z. Plater, 2010]. (continued on page 48)

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Seeing the Big Picture

EXPANDED MENTOR PROGRAM ENRICHES STUDENTS AND ALUMNI

uring his first summer break from law school, Larry Sandigo ’11 Dreturned home to Phoenix, Ari- zona, to work for eight weeks in the staff attorney’s office of the Arizona Supreme Court. His job, along with that of four other interns, was to summarize and analyze petitions from the Court of Appeal and recommend which ones the Supreme Court should hear. “A lot of the petitions were about things I’d never even heard of,” said Sandigo. But thanks to the revamped mentoring program spearheaded by Assistant Dean for Alumni Relations Christine Kelly ’97, help was at hand. A few blocks away from the Arizona Supreme Court is the Maricopa Superior Court, presided over by Judge Margaret “Meg” Mahoney ’88. After vol- unteering for the BC Law mentoring program in Spring 2009, she was assigned to mentor Sandigo, and they had been emailing back and forth for weeks when he arrived in Phoenix for the summer. “I’m a huge believer in mentoring. I’ve spent my whole career benefiting from people who’ve mentored me,” said Mahoney, speaking by phone from her

How to Become a Mentor Reorganized in 2009 to place greater emphasis on regional chapters, the BC Law Alumni Association’s 1L Mentor Program matches first-year students with alumni volunteers in the geographical and practice areas they are considering. In the first year of the new program, nearly half the 1L class requested a mentor, so the need for alumni volunteers is growing. Anyone interested should email Christine Kelly, assistant dean for alumni relations, at kel- [email protected] or visit the mentoring webpage at http://www.bc.edu/schools/law/ FRANK CURRAN alumni/association/mentorprog.html. The Hon. Margaret Mahoney ’88 is mentoring Larry Sandigo ’11 in Arizona.

36 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ E SQUIRE]

chambers while waiting for the jury to deliver a verdict in a sexual abuse case. ALUMNI ASSOCIATION RESOURCE GUIDE Mahoney’s impression is that there is less mentoring built into the legal profession now than used to be the case, and she sees The Alumni Association VOLUNTEER OPPORTUNITIES search for other alumni by many new lawyers who have little support of Boston College Law The Alumni Association name, class, region, prac- and guidance. Coming from a long line School provides a wide could not function at the tice area, affinity groups, of teachers, she sees part of her role as variety of benefits and level it does without the etc. Each regional Alumni educating and giving feedback to young opportunities for you to thousands of volunteer Chapter has its own page criminal defense lawyers and prosecutors stay connected to the Law hours generously donated with chapter leader contact who appear in her court. “I think it’s in my School and each other. by our alumni. There are information, upcoming events, and other informa- blood,” she said, laughing. Here are some examples: plenty of ways to volunteer your time: help plan your tion relevant to alumni in “We both jumped right on it,” said BC LAW MAGAZINE class reunion, organize that area. Visit BC LawNet Mahoney, of the way she and Sandigo Published twice a year in events in your region for at www.bc.edu/lawnet. entered into the mentoring relationship. January and June, BC Law alumni and students, men- Magazine keeps you up to The two met first over a long lunch, and tor a current student, or OTHER BENEFITS date on campus and alumni on several other occasions, including once recruit incoming students. All alumni of Boston in Mahoney’s court, when she invited life. Send Class Notes, College receive access to Sandigo and his fellow interns to visit her letters, and story ideas to CAREER SERVICES University benefit programs chambers and watch the proceedings in a Editor Vicki Sanders The Career Services Office such as travel programs, case of aggravated assault. at [email protected]. is available to assist you official BC Rewards Plati- in making job-related tran- “Being in her courtroom and talking to REUNIONS Ten alumni num MasterCard, insurance sitions throughout your her, I could see the big picture. It brought it classes gather each fall to discounts, access to BC legal career. Visit the Alum- all together,” said Sandigo. celebrate Reunion Week- libraries (including the Law ni section of the Career Though a seasoned lawyer, Mahoney’s end with bar reviews, re- Library), and the ability Services webpage to find role was not that of a supervisor to San- ceptions, and class dinners. to send electronic postcard links to numerous publica- digo. Rather, she became a valuable sound- This year, the classes ending greetings to classmates, tions and resources avail- ing board. “I could be really honest and in 0 and 5 are invited to friends, and family. able to you in making candid with her,” he found. the October 15–17 festivi- a successful transition. Since the summer, they have kept in ties. For more information For more information on touch, emailing about clerkship options in about Reunions, contact ONLINE COMMUNITY these, and other benefits Arizona, and helping Sandigo get a sense of Ann Carey at 617-552-0054 BC LawNet offers alumni and opportunities, please the legal market in Phoenix. or [email protected]. You the ability to stay connect- visit our Alumni website at www.bc.edu/lawalumni. “I’m really looking forward to seeing can also visit the reunion ed to each other. Alumni him again when he gets out here,” said webpage at www.bc.edu/ can update their informa- Mahoney. lawreunions. tion, view class notes, and —Jane Whitehead

BOOKSHELF

REFLECTIONS OF A POETIC JUDGE (Author- SEVEN STEPS FOR LEGAL HOLDS OF ESI ALSO NEW AND NOTEWORTHY House, 2010) By Hon. James J. Brown ’71. AND OTHER DOCUMENTS (ARMA Inter- The BC Law Bookstore has created a web In his first book of poetry, this author of national, 2009) By John J. Isaza ’89. A page for books by BC Law alumni authors. legal books and articles and the novel Will how-to guide describing step-by-step a To purchase books listed on the site, visit the Laughter Stop: Baby Boomer Chroni- best practice process for identifying trigger www.bc-law.bkstr.com and click on “Law cles offers love poems, contemplations on events and implementing a litigation hold. Alumni Authors.” If the book is not found God, death and dying, nature, and the sea- It provides a straightforward description on the site, contact BC Law Bookstore sons. There are odes to New Hampshire, of why the law requires preservation, the Manager Christopher Petit at 1113mgr@ the Hollywood Hills, and Washington at scope of preservation, and practical tips fheg.follett.com to place a special order. night, as well as meditations on morning on how to preserve records in an accept- Student Jon Gans ’12 contributed a light and storm tides. From among the able manner. The book includes a self- chapter to The 2008 Presidential Elections: nine haiku poems that conclude the book, analysis checklist, a flow chart describing A Story in Four Acts by Erik Jones and here’s a sample: the process for implementing a litigation Salvatore Vassallo (Palgrave Macmillan, Flowerless crape myrtles. hold, chapters devoted to each step in the 2009). The book aims to explain President Brown-dead oak leaves. process, and citations supporting the best Obama’s victory while exploring its impli- A Carolina winter. practices process. cations at home and abroad.

WWW.BC.EDU/LAWALUMNI 37 LAW DAY 2010 12 ’ JACOB SILBERBERG

38 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ E SQUIRE]

LAW DAY AWARDS Valued Advisors More than 300 gathered at the Seaport Hotel in Boston on April ALUMNI WEIGH IN ON MAJOR POLICY, PROGRAMMING DECISIONS 27 to honor eight alumni for their service to the law school and the legal community. George Field ’78 he strengthening role of the Board dents. The proposal provided an appren- bestowed the following awards: of Overseers and Business Adviso- ticeship after the second year during • The St. Thomas More Award on T ry Council (BAC) in shaping poli- which students would gain practical the Hon. Francis X. Bellotti ’52, cies and programming is increasingly evi- experience working in law firms, general former Lieutenant Governor and dent in the numerous initiatives now being counsels’ offices, and select government Attorney General of Massachusetts; implemented or discussed at BC Law and not-for-profit agencies. After exten- currently of counsel at Mintz School. Among such items on the agenda sive review by the committee, the idea Levin Cohn Ferris Glovsky & Popeo; at the Board of Overseers meeting May 8 was dropped. and vice chairman of Arbella were summer classes for law students and On the other hand, the BAC joined Insurance Group. new programs for apprenticeships, judicial discussions with faculty to conceive the • The William J. Kenealy, SJ, fellows, and corporate directors. Corporate Director Education Program Alumnus of the Year Award “The members of these boards are scheduled to launch in June 2011. on Walter B. Prince ’74 of Prince playing an invaluable role as our sound- The so-called Directors College will Lobel Glovsky & Tye. ing boards and advisors,” said Dean John offer corporate board directors practical • The Hon. Davis S. Nelson Public Garvey. “They offer varied perspectives training on critical issues of corporate Interest Award on Elliot M. and insights into everything from the governance. Garvey said this is a revenue- Weinstein ’74, Attorney at Law. changing legal profession and its impact generating program, one of a few on the on the Law School curriculum to pro- East Coast, which also provides intangible • The Recent Graduate Award on grams that can enhance the reputation benefits, including enhanced reputation Patience “Polly” Crozier ’02 of the and finances of BC Law.” Some of the among the Northeast business community Law Office of Joyce Kauffman. overseers and council members have even and bridge-building between the law and Four Chapter Awards were been bringing their expertise into the management schools at BC. presented to: classroom as guest lecturers in courses Alumni advisors are also behind law

• Stephen D. Riden ’99, then of on business decision-making, corporate students taking select courses for credit Foley & Lardner, Boston Chapter deals, and the financial crisis, he noted. during the summer and for the design and At various times, Garvey has assem- implementation of a Career Partnerships • Ileana Espinosa Christianson ’03 bled committees to act as informal focus Program at the Law School that seeks to of Gray Robinson, Miami Chapter groups on ideas. For instance, he sought provide meaningful professional experi- • Barbara V. Cusumano ’08 of advice on the advisability of establishing ence for some recent graduates in a falter- the Legal Aid Society, New York a four-year law degree for select stu- ing economy. Chapter

• Nicholas J. Lisi ’65, founding partner of Padova & Lisi, post- humously, Philadelphia Chapter Fong on Diversity Proceeds from the event are FIRM’S STRENGTH DEPENDS ON VARIETY donated to the Law School Fund in support of the Law School’s Loan Repayment Assistance Program amille Fong ’82, a liti- and special to a firm, as we (LRAP). gation partner at Lew- bring more than just our edu- C is Brisbois Bisgaard cation and work experience to & Smith in San Francisco, the group.” was recently quoted in Multi- Her firm, which compris- Clockwise from top left: (standing) Dean John Cultural Law Magazine about es nearly 800 lawyers, ranks Garvey, George Field ’78, Walter Prince ’74, Elliot the value of diversity to her as 65th most diverse in the Weinstein ’74, Steve Riden ’99, Barbara Cusuma- no ’08, Denis Cohen ’76, (seated) Francis Bellotti and her firm. National Law Journal 250. ’52 and Polly Crozier ’02. Francis X. Bellotti at “Diversity to me includes She cited BC Law School the lectern. Walter Prince and Professor Emerita each and every concept of culture, gender, as a place that fosters and supports dif- Ruth-Arlene Howe. Barbara Cusumano. The Hon. race, religion, and personal affiliation,” ference. BC Law “valued and encouraged Edward Harrington ’60 shares a laugh with colleagues. Polly Crozier. Professor Mark Brodin, the said the Hawaii-born Fong. “These attri- the development of each and every diverse

JACOB SILBERBERG ’12 Hon. Wilbur Edwards Jr. ’84, and Brian Cook ’85. butes are what make each of us unique group,” she told the magazine.

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A Friend to Native Americans

WILLIAMS ’74 SEEKS FAIRNESS CASE BY CASE

of equal opportunity, and I have always felt that I should do something to try to make that more of a reality,” says Wil- liams, who volunteered for legal aid in East Palo Alto in the late 1960s while attending Stanford University as an undergraduate. He applied to Boston College Law School, because of its “tremendous clinical program” in public-interest law. While at BC Law, Williams took on housing and welfare cases for the Boston Legal Assistance Project in South Boston, a largely white, working-class neighborhood that was then in an uproar over court- ordered busing to desegregate city schools. “I can remember walking up the hill in Southie amidst a lot of really, really angry people,” Williams recalls. “For a suburban California boy, that was a different world.” The new worlds kept coming after graduation. Williams worked public-interest cases in central Virginia and in California’s Central Valley. He joined his current firm in 1997. “I was given an opportunity to do something that was an extension of what I’d been doing in one sense, but in another sense was completely new,” says Williams. Indeed, according to the US Department of Health and Human Services, a quarter of the nation’s five million Native Americans live in poverty, only 14 percent have college degrees, and they contend with some of the nation’s highest rates of disease, substance “ I FIGURED THERE WOULD BE NO BETTER WAY abuse, and infant mortality. “I figured there would be no better way to try to contribute to equal opportunity than to work for to try to contribute to equal opportunity than to work for the first peoples,” says the first peoples.” Williams. At the same time, he notes, “My clients have exposed me to cultures and arlier this year, Scott Williams ’74 Klamath and its fish, as they fought the histories and traditions that were all new joined a crowd in Oregon’s capitol farmers who tapped the river for irrigation to me.” For instance, he recently petitioned E rotunda to witness farmers, fish- and the power company that dammed it the government on behalf of Shoshone and ermen, power-company executives, and for power and profit. And he’d counseled Paiute people who hunt, gather mesquite Yurok Indians sign a restoration agree- the tribe when they put litigation aside wood, medicinal herbs, and juniper for cer- ment for the endangered Klamath River and began the talks that eventually led emonial fires near Nevada’s Yucca Moun- along the California-Oregon Border. to this day. Indeed, while Williams was tain, the controversial site chosen as the Williams, a partner at Alexander, Ber- recruited to the Berkeley-based firm due to nation’s future nuclear-waste repository. key, Williams and Weathers, a firm that his strength as a litigator, his passion has In addition, Native American Law, exclusively represents Native American always been for social justice whether it’s which Williams teaches at the University tribes, had spent years representing the won in court or not. of California, Berkeley, is unique. While Yurok, whose identity flows from the “We teach ourselves that this is a land subject to US courts, tribes have sovereign

40 BC LAW MAGAZINE | SPRING / SUMMER 2010 SCHOLARSHIP DINNER [ E SQUIRE]

SAVE THE DATE ALUMNI ASSEMBLY

“Professor Henderson is one of the country’s leading experts on the legal profession. His observations about the challenges facing large law firms and other legal service providers in today’s turbulent marketplace are certain to be informative and illuminating.” —David B. Wilkins, Harvard Law School, Lester Kissel Professor of Law and Director of the Program on the Legal Profession

2nd Annual Professor Henderson is a leading BC Law Alumni Assembly authority on the legal profession All alumni are invited to attend and legal education. In the law firm Friday, Oct. 15, 2010, 3p.m. context, he is examining a variety BC Law School of market trends, including patterns of lawyer mobility, the relationship KEYNOTE SPEAKER: William D. Henderson, between profitability and associate Professor of Law and satisfaction, the economic geography Harry T. Ice Faculty Fellow, of large law firms, and attrition rates Indiana University Maurer of female and minority attorneys. School of Law

Assembly Business contact Christine Kelly, assistant dean Alumni Board Positions: At the meeting, for alumni relations, at [email protected] assembly members will vote for the new no later than July 15 for details on the members of the Alumni Board. If you are nomination and election process. To learn interested in running for a position on the more about the Alumni Board and this 2011 BC Law School Alumni Board, please process, go to www.bc.edu/lawalumni.

rights, largely from nineteenth century next ten years. But Williams sees dura- treaties. This special status informs nearly bility in the diverse interests that joined every case Williams takes, including the in the agreement. “The utility company Klamath River fight where the Yurok discovered that its business interests were asserted historic claims on the water they better satisfied by removing the dams had fished for millennia. than fighting to keep them; the federal The fight over the river in the courts and and state governments discovered that the media continued for many years, and working with the tribes and environmen- while the battle raged, the river was dying. tal groups, they can restore this river to It took a drought in 2001 and a massive sustainable health instead of spending fish kill the following year to kick-start money on each new disaster; and farmers negotiations. and Indians discovered that they have a “It became obvious that if we didn’t do lot in common—a love of the land, fam- something quickly, we wouldn’t have any ily, and spirituality.” river to fight over,” says Troy Fletcher, a —Chris Berdik Yurok Indian who works for the tribe as a policy analyst. Attendees at the Scholarship Dinner, top to bottom: The resulting restoration plan isn’t Adriana Dolgetta ’10 and James Champy ’68. Kate Billame- legally binding and still requires Congress Golemme ’11 and Paul Dacier. Shannon Roberts ’10, Myer Geller, and Dorothy Ostrow. Ronald Logue, David Wein- to enact it through legislation and allo- stein ’75, and Kathleen McGillycudy. Joseph Vanek ’87,

cate about $1 billion in funding over the Jeanne Picerne ’92, Chelsea Barker, and Joe Peterchak. SUZI CAMARATA

41 CHARLES GAUTHIER

BC Law Generations

WILLIAM M. KARGMAN ’67 WITH HIS DAUGHTER KATHRYN E. KARGMAN ’11

42 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ E SQUIRE] Class Notes Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news able Housing Management lotte, NC, in May obtained and photos. Send submissions to Association. The award is given a $1 million settlement from REUNION s ’80 & ’85 BC Law Magazine, 885 Centre “to an outstanding industry the Roman Catholic Diocese 1980 [ ] St., Newton, MA 02459-1163, leader whose long-term ser- of Charlotte to settle a clergy or email to [email protected]. BC vice to the affordable housing sexual abuse lawsuit over the Mark A. Fischer ’80 is a Law Magazine focuses mainly industry has been a constant actions of Rev. Robert Yurgel, partner in the Boston office on professional information. To source of inspiration.” who is already imprisoned. It is of Duane Morris LLP and submit your own class notes believed to be one of the larg- practices in the area of intel- online and for more detailed and REUNION est settlements ever paid by the lectual property law. He was personal class notes, go to BC 1970s [ ’70 & ’75 ] Charlotte Diocese. Langson’s previously a partner at Fish & LawNet at www.bc.edu/lawnet. practice focuses solely on repre- Richardson PC in Boston. Roger E. Hughes ’71 did not senting victims of sexual abuse seek re-election in 2010 for in civil actions. John D. Donovan Jr. ’81 led 1950s Norwell town moderator, a a team of litigators in the suc- position he has held for the past Jerold L. Zaro ’76, former chief cessful representation of the Francis X. Bellotti ’52 was twenty-five years. He continues of the NJ Office of Economic defendant in Jones v. Harris the recipient of the St. Thomas to practice law at Hughes & Growth and the business face Associates to secure a unani- More Award at BC Law’s 2010 Associates in Norwell, MA. of New Jersey since 2008 un- mous Supreme Court decision Law Day celebration. He is of der Governors Chris Christie that established a standard counsel in the Boston office Richard M. Whiting ’73 was (R) and Jon S. Corzine (D), has for mutual fund excessive of Mintz, Levin, Cohn, Ferris, awarded the Vicennial Medal joined Sills Cummis & Gross fee claims. He is a partner at Glovsky & Popeo PC and in March for his longtime and will work out of the firm’s Ropes & Gray LLP in Boston. is vice chairman at Arbella service on the faculty of the New York and New Jersey offices. Insurance Group. Georgetown University Law Jonathan W. Fitch ’82, the man- Center in Washington, DC. Harlan M. Doliner ’77 is aging partner at Sally & Fitch Richard L. Abedon ’59 is the He is executive director and counsel in the environmental LLP in Boston, was featured in recipient of the 2010 Florida general counsel of the Financial department at Verrill Dana LLP Massachusetts Lawyers Weekly Bar President’s Pro Bono Ser- Services Roundtable in Wash- in Boston. He was formerly a as one of the state’s top ten vice Award for the 15th Judi- ington, DC. partner in the Hartford, CT, “Lawyers of the Year” for 2009. cial Circuit of Florida. He is a office of Pepe & Hazard LLP. retired attorney from Holland Walter B. Prince ’74 was the He also serves as an adjunct Camille K. Fong ’82, a partner & Knight LLP in West Palm recipient of the William J. Ke- faculty member at Roger Wil- in the San Francisco, CA, office Beach, FL, and also served nealy, SJ, Alumnus of the Year liams University in Bristol, RI, of Lewis, Brisbois, Bisgaard twenty-two years as a probate Award at BC Law’s 2010 Law and at BC Law. & Smith LLP, was featured in judge in Rhode Island. Day celebration. He is a litiga- Multicultural Law magazine tion partner at Prince, Lobel, James D. Hanrahan ’77 is regarding the firm’s rank as REUNION Glovsky & Tye LLP in Boston. managing partner at Bowditch one of the “2009 Top 100 1960s [ ’60 & ’65 ] & Dewey LLP. His practice is Law Firms for Diversity.” Her Elliot M. Weinstein ’74 was based in the firm’s Framing- practice focuses on the defense Hon. Donald E. Eaton ’67 was the recipient of the Hon. David ham, MA, office and includes of product liability and toxic sworn in as San Juan County S. Nelson Public Interest Law land use planning, permitting, tort lawsuits. Superior Court judge in March, Award at BC Law’s Law Day conveyancing, and commercial following his appointment by 2010 celebration. He maintains and retail leasing matters. Arthur J. Hassett III ’82 was Washington State Governor a private practice in Boston elected president of the Plymouth Christine Gregoire. He previ- and specializes in criminal LB Guthrie ’78 was named a County Bar Association. He is in ously served as commissioner of defense in federal and state 2009 “Attorney private practice in Brockton, MA, the San Juan County Superior courts. of the Year” by and also serves as a special assis- Court and maintained a private Minnesota Lawyer tant attorney general representing practice in Friday Harbor, WA. Ellen C. Kearns ’76 is a part- for his pro bono the Massachusetts Department of ner at Constangy, assistance to the Public Health. William M. Kargman ’67, Brooks & Smith nonprofit orga- president of First LLP in Boston and nization Project for Pride in Suanne St. Charles ’83 is a real Realty Manage- practices in the Living. He is a partner and co- estate partner in the Boston of- ment in Boston, area of labor and chair of the real estate practice fice of Holland & Knight LLP has been named employment law. group at Lindquist & Vennum and concentrates her practice recipient of the PLLP and works in the firm’s on public development proj- Industry Statesman Seth H. Langson ’76 of Karro, Denver, CO, and Minneapolis, ects and real estate financing Award by the National Afford- Sellers & Langson in Char- MN, offices. transactions for commercial

WWW.BC.EDU/LAWALUMNI 43 [ E SQUIRE]

Champion LLC and practices Brigida Benitez ’93 is chief Parsippany, NJ, office of Fein, Update your in the areas of estate planning of the Office of Institutional Such, Kahn & Shepard PC and and trusts and estates from the Integrity at the Inter-American specializes in business planning, information, firm’s Kennebunk, ME, and Development Bank in Wash- taxation, estate planning and contact your Waltham, MA, offices. ington, DC. She was formerly administration, and elder law. classmates, a partner at Wilmer, Cutler, keep in touch. Register at Ilhyung Lee ’88 taught a Pickering, Hale & Dorr LLP in Francesco A. De Vito ’96 is www.bc.edu/lawnet to workshop entitled “Cross- Washington, DC. a partner and chair of the become part of the new Cultural Issues in Mediation online community. finance, restructure, and work- and Negotiation” at Cornell Joseph J. Centeno ’93 was out group at Boston-based University School of Industrial elected president Rackemann, Sawyer & Brews- and Labor Relations in Janu- of the National ter. He was a former partner at projects. She was formerly a ary; and presented lectures Asian Pacific DLA Piper LLP in Boston. partner at McCarter & English entitled “How Much Equality American Bar LLP in Boston. (and What Kind) in Korea? Association in Fernando M. Pinguelo ’97, November. He is Barbara (Coughlan) Walsh ’84 Some Cases” and “(More) an attorney in the Bridge- a partner and a member of the was elected president of the Lawlessness in International water, NJ, office of Norris, labor relations and employ- Fairfield County Bar Associa- Commercial Arbitration: The McLaughlin & Marcus PA, ment law and the litigation tion. She is a partner at Tier- Dissenting Opinion” at the presented a lecture entitled departments at Obermayer, ney, Zullo, Flaherty & Mur- University of Pennsylvania “How Are Company Legal Rebmann, Maxwell & Hippel phy PC in Norwalk, CT, and Center for East Asian Studies Departments Positioning to LLP in Philadelphia, PA. focuses her practice on civil and at Penn Law, respectively, Deal with eDiscovery in the litigation. She lives with her and “Cultural Considerations Event of Further Litigation” husband, John, and their three in Dispute Resolution” at a Hon. John B. Ellis ’93 was at the Second Annual Camp- boys in Ridgefield, CT. meeting of the Pennsylvania appointed judge of the Cali- bell Law Review Symposium Conference of State Trial Judges fornia Superior Court for the in Raleigh, NC, in January, Michael J. Richman ’85, global in Philadelphia in February. County of Solano by Governor and spoke at a program en- head of compliance for the He is the Edward W. Hinton Schwarzenegger in December. titled “Cloud Computing: Investment Management Divi- Professor of Law at the Uni- He previously served as the Navigating Cross-Border Data sion of Goldman Sachs in New versity of Missouri School chief deputy district attorney Protection Conflicts and Juris- York, NY, was elected a partner of Law in Columbia, MO, for Solano County. diction” at the 2010 Meritas in the firm in 2009 and named and senior fellow at the law Law Firms Worldwide An- deputy head of compliance of school’s Center for the Study Martin S. Ebel ’94 has joined nual Meeting in Los Angeles Goldman Sachs Group in 2010. of Dispute Resolution. the EEOC in Houston, TX, as and appeared on Fox News Deputy Director for the Hous- Channel’s The Strategy Room Carlton E. Wessel ’87 is a David H. Ganz ’89 is of coun- ton Division. He was formerly to discuss workplace Internet partner in the Washington, sel in the employment and Commissioner of the Massa- abuse in April. DC, office of DLA Piper, where labor practice group in the chusetts Commission Against he represents pharmaceutical Newark, NJ, office of Sills, Discrimination. companies in federal and state Allison M. O’Neil ’98 is a Cummis & Gross PC. He was partner at Craig criminal and civil government Samantha Shepherd ’94 was previously a member of the & Macauley PC in investigations and False Claims elected to a two- employment law practice group Boston and prac- Act litigation. year term on the at Adorno & Yoss LLC. tices business law Board of Directors David Y. Bannard ’88 is a part- and commercial of the Missouri ner in the Boston office of Foley John J. Isaza ’89, of Howett litigation. Chapter of the & Lardner LLP and focuses his Isaza Law Group LLP in Irvine, National Acad- practice on representing airports CA, is co-author of 7 Steps emy of Elder Law Attorneys William J. Lovett ’99 is a partner in a wide variety of matters. He for Legal Holds of ESI and in January. She is the founding at Boston-based Dwyer & Col- previously served as the deputy Other Documents published by attorney of Shepherd Elder lora LLP and focuses his practice chief legal counsel of the Mas- ARMA in July 2009. Law Group LLC in Kansas on complex civil litigation and sachusetts Port Authority. City, MO. white-collar criminal defense. REUNION Lori Grifa ’88 was named com- s[ ’90 & ’95 ] missioner of the State of New 1990 Ellen J. Zucker ’94, was fea- H. Lamar Willis ’99 was sworn Jersey Department of Communi- tured in Massachusetts Lawyers in as a member of the Atlanta ty Affairs by Governor Christie. Tamsin R. Kaplan ’92 is Weekly as one of the state’s Regional Commission, the She was formerly a member of of counsel at top ten “2009 Lawyers of the planning and intergovernmen- the government and regulatory McLane, Graf, Year.” She is a partner at Burns tal coordination agency for At- affairs group at Wolff & Samson Raulerson, & & Levinson LLP in Boston. lanta’s ten-county metropolitan PC in West Orange, New Jersey. Middleton PA in area, in February. He is serving Woburn, MA, and Deirdre R. Wheatley-Liss ’95 his third term on the Atlanta Gail P. Kingsley ’88 was select- practices in the launched the New Jersey Estate City Council and is a visiting ed as a fellow of the Maine Bar areas of arbitration and media- Planning and Elder Law Blog at lecturer of social sciences at Association. She is a partner tion, business litigation, and www.njelderlawestateplanning. Clayton State University in at Libby, O’Brien, Kingsley & employment and labor law. com. She is a partner in the Morrow, GA.

44 BC LAW MAGAZINE | SPRING / SUMMER 2010 [ E SQUIRE]

Christopher M. Morrison ’01 and Environmental Affairs & Gilman LLP in Boston. REUNION s ’00 & ’05 is a partner at Hanify & King of the Commonwealth of 2000 [ ] PC in Boston and concentrates Massachusetts. Eleanor P. Williams ’06 is recipi- his practice on intellectual ent of the 2010 Ruth-Arlene W. Judy A. Groves ’00 is an as- property litigation and general Katherine (Sandman) McKinley Howe Award from the Black Law sociate in the bankruptcy, reor- business litigation. ’02 and her husband, Matthew, Students Association at BC Law. ganization, and creditors’ rights announce the birth of their son, She is an associate at Choate, Hall group at Sullivan & Worcester Matthew L. Ogurick ’01 is Jack Sandman McKinley, in & Stewart LLP in Boston. LLP in Boston. a partner in the Miami, FL, July 2009. office of K&L Gates LLP and Michael J. Douglas ’07 is an as- Elizabeth M. Reilly ’00 is a focuses his practice in the ar- sociate at Gennari Aronson LLP eas of securities, mergers and Scotia Ryer ’02, an associate at partner in the Boston office of Wiggin & Dana Lawyer in New in Needham, MA. He was previ- Wilmer, Cutler, Pickering, Hale acquisitions, and public and ously an associate at Choate, private financing. Haven, CT, has earned accredi- & Dorr LLP and focuses her tation as a Leadership in Energy Hall & Stewart LLP in Boston. practice on intellectual prop- William Sellers IV ’01 com- and Environment Design Profes- erty litigation. sional (LEED AP) from the US Hillary J. Massey ’07 is an asso- pleted a fellowship at the Prop- ciate at Libby, O’Brien, Kingsley erty and Environment Research Green Building Council. Chico D. Colvard ’01 is the & Champion LLC and practices Center, a nonprofit institute in the areas of civil and criminal director/producer of Family dedicated to improving en- Julia Yong-hee Park ’05 is Affair, an independent docu- litigation, family and divorce vironmental quality through principal attorney at the Law law, and personal injury law mentary film that premiered markets and property rights, Offices of Julia Park in New at the 2010 Sundance Film from the firm’s Kennebunk, in Bozeman, MT. He studied York, NY, where she focuses ME, and Waltham, MA, offices. Festival and subsequently was how timber development could on US immigration law and acquired as the first film in special education law; and of extend property rights to indi- Michael A. Siedband ’09 is an the Oprah Winfrey Network’s counsel at Levitt & Needleman viduals in certain sub-Saharan associate at Looney & Grossman Documentary Film Club. PC in New York, NY, practic- African countries. LLP in Boston and focuses his ing in the area of immigration practice on bankruptcy, restruc- and nationality law. She was Alison C. Finnegan ’01 is a Patience (Polly) Crozier ’02 turing, and commercial litigation. partner in the commercial was the recipient of the Recent formerly an associate at the litigation practice at Schnader, Graduate Award in recognition New York, NY, firm of Cra- of outstanding achievement pre- vath, Swaine & Moore LLP. Harrison, Segal & Lewis LLP IN MEMORIAM in Philadelphia, PA. sented at BC Law’s 2010 Law Day celebration. She is an attor- Andrew A. Ferrer ’06 is an Victor H. Galvani ’37 ney at the Law Office of Joyce associate in the Michael T. Marcucci ’01 is a Edward J. Moloney ’48 Kaufman in Cambridge, MA. health care and partner at Hanify & King PC Eugene Lyne ’51 corporate depart- and concentrates his practice Michael T. Sullivan ’51 ments at Dono- on general business litigation Matthew Dente ’02 is a part- Joseph A. St. Onge III ’53 ghue, Barrett in the firm’s Boston and Wash- ner at the San Diego, CA, August C. Van Couyghen ’53 & Singal PC in ington, DC, offices. He was a office of Littler Mendelson PC Joseph F. Sawyer Jr. ’58 Boston. He was previously an former associate at Ropes & and focuses his practice on Edgar J. Bellefontaine ’61 attorney at Daly Cavanaugh Gray LLP in Boston. employment litigation, class Ronald E. Oliveira ’61 action defense, employment LLP in Wellesley, MA. Donald T. O’Connor ’66 counseling, and regulatory William J. Caron ’70 Brian W. Monnich ’01 is a compliance. R. Victoria Fuller ’06 is an as- Robert B. Hanron ’76 partner in the private client sociate in the litigation depart- Maurice Hope-Thompson ’80 practice group at Wilmer, Cut- Alicia Barton McDevitt ’02 ment at Boston-based Sherin & Brunilda Santos de Álvarez ’83 ler, Pickering, Hale & Dorr is assistant secretary of the Lodgen LLP. She was previous- Derek J. Boc ’07 LLP in Boston. Executive Office of Energy ly with Taylor, Duane, Barton

Behind the Columns School. He was a professor at the Univer- who cares deeply about the important role (continued from page 3) sity of Kentucky College of Law for fourteen that law plays in American society. “John acknowledged. “Boston College is unlike years and a visiting professor at the University Garvey did an excellent job as dean and any other school I have been involved with of Michigan Law School before being named leaves BC Law in a position of strength as in its focus on educating the whole person— a law professor at Notre Dame in 1994. He one of the nation’s premier law schools.” mind, body, and soul. Our faculty, staff, has written several books, including Religion and alumni’s mentoring relationships with and the Constitution and Sexuality and the Social Media students are unique, and their dedication is US Catholic Church. Among the cases he has (continued from page 12) inspiring,” he said. “I believe this is the best argued before the Supreme Court is Karen sense of community in his LinkedIn group place in the nation for a student to learn Silkwood v. Kerr-McGee Corporation. by educating members about the site’s what it means to be a great lawyer.” In accepting his resignation, BC Presi- advanced search features, which also per- A graduate of Notre Dame, Garvey dent William P. Leahy, SJ, praised Garvey mit users to find others in the group based received his law degree from Harvard Law as a person of integrity and compassion on specific criteria. “If someone in the

WWW.BC.EDU/LAWALUMNI 45 group has a need to make a referral to an Interactive social networking is indeed attorney who has significant maritime law a powerful new tool, but what it does isn’t STUDYING LRR&W AT BC LAW experience, for example, that user can eas- really all that new, argues Ambrogi. The According to Ruth Anne Robbins, ily identify the three alumni in the group old adage still applies: It’s whom you know. president of the Legal Writing Institute, who fit the bill,” Riden says. “As users What’s happening on Facebook, LinkedIn, the field of legal writing that is cur- become more familiar with the site, I think and BC LawNet is the stuff that used to hap- rently undergoing the most change is they’ll see that there’s a great resource at pen in local bars, at after-work gatherings, advanced legal writing for upper level their fingertips: the collective knowledge of or at your reunion, Ambrogi explains. “It’s students. At BC Law, the upper-level the BC Law community. It’s a pretty amaz- old-world categories in new-world vehicles.” writing curriculum boasts the following bunch of people.” Word-of-mouth is still the number one ing opportunities: way lawyers get new business, he notes. • Advanced legal research Social networking is like word-of-mouth • Advanced legal writing: employment on speed—the mouth is much bigger, law BC BLOGGERS talks faster, and can be heard around the • Advanced legal writing: judicial globe. “What lawyers are doing to market opinions According to www.blawg.com, there are themselves hasn’t changed,” says Ambrogi. • Advanced legal writing: transactional some 2,500 legal blogs in the United States, “We’re just doing it in different media.” practice and counting. Robert Ambrogi ’80 and “Unfortunately, there’s no online equiv- • Advanced legal writing: editing and Jay Shepherd ’94 are just two of the many alent to Friday bar review,” adds Riden, rewriting for publication members of the BC Law community who “but this is a good way to connect with • Bankruptcy law research blog. With 1.2 million lawyers in the United others, and I hope that people find the • Environmental law research States, everyone is looking for a way to stand group to be informative, useful, and fun.” • Insurance law research out. Blogging is a quick, cost-effective way —Tracey Palmer • Intellectual property research for lawyers and firms to build national and • International legal research international reputations, says Ambrogi, who Public Sector • Professional responsibility research points to his own experience as evidence. (continued from page 13) • Securities law research Ambrogi is the only person ever to hold I have always been concerned with the • Tax law research the top editorial positions at both national US structural and financial barriers that can Additionally, at least twenty upper- legal newspapers, the National Law Journal make it more difficult for graduating law level doctrinal courses require a major and Lawyers Weekly USA, but it wasn’t until students to take on jobs in the public sec- after he became a blogger—on Legal Blog legal writing project. Watch (http://legalblogwatch.typepad.com/), tor compared to the private sector, i.e., at Media Law (http://medialaw.legaline.com/), private law firms. and Robert Ambrogi’s LawSites (www.lega- My new concern is that it will and, community of legal writing teachers.” Their line.com/lawsites.html)—that the speaking indeed, has already, become more difficult scholarship stands out in the field. “Lots of invitations started pouring in. for graduating law students and practicing professors write about this stuff, but Dan “It was as if I were a relative unknown lawyers to enter the public sector. With and Jane are among the first names that before I started blogging,” he says. “Blogs less money to go around, and looming come to mind when you want to read up are a very powerful marketing tool. They raise city, state, and federal budget cuts, govern- on methods of critiquing and how to teach your search profile and optimize your ability ment and public interest organizations and analytical skills,” Robbins says, referring to be found on search engines like Google.” agencies appear to be hiring fewer lawyers. to Associate Professor Daniel Barnett and “The purpose behind blogs,” adds Shep- This is particularly disturbing given that Associate Professor Jane Kent Gionfriddo. herd, “is to create a brand, get exposure, and a reason for this shortage in public sector Further adding to the significant contribu- in the end, generate business.” Shepherd legal jobs—the recession—is also a reason tions BC LRR&W faculty have made to the launched his first blog, Gruntled Employees that we need more public sector lawyers field is the forthcoming book, Massachusetts (http://www.gruntledemployees.com/grun- than ever before. Legal Research, by Associate Professor E. tled_employees/) four years ago. Last year, —Chanterelle Sung ‘04 Joan Blum. (Their scholarship extends to he created Client Revolution (http://www. other areas as well. See sidebar.) clientrevolution.com/) and, like Ambrogi, has Anatomy of a Writing Class Counterparts elsewhere actively seek enjoyed an increase in speaking and writing (continued from page 23) their guidance. Susan Sloane, director of engagements. And since he started tweeting, in research and writing and in the legal analy- the legal research and writing program at he says readership of his blogs has tripled. sis that’s integral to that. It frees me to allow Northeastern University School of Law, has (About 1,000 people subscribe to his RSS students to look at case planning and theory met with LRR&W faculty members to dis- feed on Twitter.) Both Shepherd and Ambrogi have certain- development—lawyering skills that you do cuss how they developed the hypothetical ly built strong brands and gained exposure after you have the skills in LRR&W.” problems for their class assignments. “They online, but the jury is out on how much new The influence of LRR&W faculty have so much experience and confidence in business their social media efforts will gener- extends well beyond BC Law. Ruth Anne what they are doing, and they are willing to ate. “The return on investment for social Robbins, president of the Legal Writing share their knowledge,” says Sloane. networking is a long-term investment,” says Institute and a clinical law professor at Rut- When all is said and done, what’s most Shepherd, “but to turn your back on it is a gers, says that members of BC Law’s legal important to LRR&W faculty is prepar- mistake.” —TP writing faculty have been “leaders in raising their students for practice. “We pride ing the level of pedagogy and building the ourselves on training first-year students to

46 BC LAW MAGAZINE | SPRING / SUMMER 2010 understand the fundamentals of legal rea- world. With fourteen associate justices and expanded and modified the framework of soning and writing, which are essential to one chief justice on the bench, it is not only Section 504 of the Rehabilitation Act of the effective practice of law,” says Associ- the highest appellate body in the country, 1973, represented the embedding of the ate Professor Judith B. Tracy. Here’s a story but also the supervising body for all lower social model’s core insight—that the dis- that’s a tribute to that commitment: courts. Notably, the court assumes a great- abling factor is society’s reaction to an indi- As an intern last summer for Judge er judicial role than its American counter- vidual’s medical condition, not the condition Selya, Kate Connolly ’11 turned in a strong part by, for example, reviewing actions of itself—within a rights-centered legal and first draft of a court opinion—but she other government branches, with minimal political discourse. The resultant change in knew it was only a starting point. As she challenge based on the “political question” the status of disabled individuals, from pas- watched Selya polish the piece, she says, doctrine. All these responsibilities accu- sive “objects of rehabilitation and cure”2 to “The judge transformed the writing; you mulate into a significant workload for a rightholders empowered to make demands could see the experience of the judge shine Supreme Court justice. on social institutions, produced a model for through. He showed you that your work is There is another particular of the court reform of disability law worldwide. good, but if you move this around, you can that struck me. It has the exclusive power The dynamic of influence was, of course, transform it into something better.” Con- to make rules for the protection of con- complex. Legal systems, and social systems nolly’s openness to the judge’s editing is stitutional rights, a power which I would generally, function as structurally autono- striking. She attributes her positive attitude have expected the Philippine Congress mous systems that, like cells, translate what- to the intense critiques she learned to value to possess. I noticed that the Chief has ever relevant information they receive from in LRR&W—an attitude that will serve taken full advantage of this authority by the outside environment into their unique her well as she continues to hone her skills spearheading several programs to drive language or “code.”3 The code attached to throughout her career. the Philippines toward a regime respecting the social model changed as the model trav- human rights, socioeconomic rights, and eled across jurisdictions. While enforceable Jeri Zeder is a contributing writer. Her last environmental rights. For instance, early rights were key to implementing the social story looked at BC Law’s Post-Deporta- in 2009, the court organized the Forum on model in the US, the code changed as the tion Human Rights Project. Environmental Justice, during which mem- model became acculturated within the EU bers of the judiciary, NGOs, litigators, and legal and political spheres. European social Point of View environmental experts came together to movements that had been largely unsuccess- (continued from page 27) solve the issue of limited access to environ- ful at the national levels seized the opportu- is exemplary, as seen by his lasting mark mental justice. With a wealth of insight at nity to use the ADA’s rights-centered version on jurisprudence. Not afraid to render hand, the court has been in the process of of the social model as a starting point for his ponencias (opinions) using a wealth of promulgating a special Rule of Procedure modeling legislation at the EU supranational intellectual tools, he has kept steady at the for Environmental Cases, and I have been level.4 In addition to transplanting core ele- helm with masterful and comprehensive fortunate enough to assist the committee in ments from American law, the European writing. He is also remarkably well-read, formulating this breakthrough rule. code also supplemented enforceable rights illustrated by his off-the-cuff knowledge In hindsight, being a “stranger” at with broader welfare and social policies of philosophies and judicial customs of home has admittedly been more exciting geared toward “mainstreaming” persons foreign courts. than daunting. I boarded a plane home for with disabilities in social life.5 On another level, the Chief has taken personal reasons only to gain an incred- The comparative framework also shows initiatives to purge all courts of corruption ible bonus: a chance to serve the public the judiciary playing a pivotal role in dis- and implement on-the-ground projects to by assisting the Chief during his final year ability reform. In the US, the definition of provide greater access to justice by the with the court. Suffice it to say, home was disability has become a focal point for the poor. Accordingly, he enjoys a reputation the last place I expected to live the most clash among different approaches to dis- as an inspiring figure for moral reform fulfilling episode of my legal career thus far. ability, which is unfolding within the legal and a contemporary hero for recalibrating system as the battleground “for challenges the judiciary amidst a society fraught with Scholar’s Forum to the ADA’s broad focus and underlying political instability and injustice. The sheer (continued from page 29) assumptions.”6 breadth of work makes the Chief a CEO of identify within the normative core of the A similar trend is visible at the EU level sorts in the business of dispensing justice. animating idea, the social model, both a where—unlike the US—antidiscrimination On top of this, he often speaks before civic transformative insight as well as its great- legislation does not define the concept of and professional organizations seeking his est shortcoming. This opens the path by disability. Whatever the real reason for fail- wisdom. Being one of his speechwriters, I which to seek the missing explanation ing to define disability, the European Court can vouch for his busy schedule. for why judicial decisions have been a of Justice (ECJ) interpreted it as a gap Yet, at first, I was taken aback by all medium for the survival of the medicalized that it had a duty to fill. In a case involv- the action and thought to myself: “Why approach to disability. ing whether discrimination on grounds of is the court engaged in so many activities, Theorized in the United Kingdom as illness can be subsumed to disability dis- judicial and non-judicial alike?” I quickly a reaction to the “tyranny of paternal- crimination, the ECJ stipulated a narrow, discovered that the Philippine Constitu- ism” that had characterized earlier char- medicalized definition of disability. It held tion, though generally patterned after the ity approaches to disability, the social that, in the context of employment and US Constitution, bestows a judicial power model found its political expression in the occupation, disability should be under- broader than the authority granted to the 1990 Americans with Disabilities Act. The stood as “a limitation which results in judiciaries of other jurisdictions around the act’s antidiscrimination paradigm, which particular from physical, mental, or psy-

WWW.BC.EDU/LAWALUMNI 47 chological impairments and which hinders define disability without any reference to tion and equality for persons with disabili- the participation of the person concerned medical impairments altogether. Inciden- ties. This is the time to get things right. in professional life.”7 Thus, despite differ- tally, this solution would be just the oppo- ent legal “codes”—background concep- site of what many disability rights advo- This essay is drawn from a longer article, tions of rights, the role of the state, and the cates proposed in the period leading up to “Impairment, Discrimination, and the proper institutional role of courts—narrow the 2008 Amendments to the ADA. While Legal Construction of Disability,” forth- judicial interpretations of disability are this solution might bring courts closer to a coming in Volume 44 of the Cornell Inter- present in both jurisdictions. discrimination-centered approach to dis- national Law Journal. Why have both the American and the ability, proposals for an impairment-free European courts remained tied to the med- definition are unlikely to succeed. This is 1 Section 12102: (4) Rules of Construction Regard- icalized understanding of disability, despite especially true in the US where the current ing the Definition of Disability (A). legislative shifts towards the social model? definition of disability has remained virtu- 2 Chai R. Feldblum, Definition of Disability. Under To answer this question, it might help to ally unchanged since the mid-1970s. There Federal Anti-Discrimination Law: What Hap- look in a direction that is often overlooked: is a path dependency in how concepts are pened? Why? And What Can We Do About It?, 21 the social model itself. The transformative defined, and medical impairments have BERKELEY J. EMP. & LAB. L. 91, 94 (2000). insight is that the cause of disability is not a been so much at the center of understand- 3 For a discussion of social systems theory, see medical impairment but society’s reaction ing disability that it might be too difficult Niklas Luhmann, Social Systems (Stanford Univer- to that impairment. However, the model’s to radically shift course at this stage. sity Press, 1995). shortcoming has been an under-theorized Another solution would be to channel 4 The outcome of their efforts was Council Direc- approach to medical impairments. As long as litigation towards the “regarded as” prong tive 2000/78/EC of 27 November 2000 establish- the concept of medical impairments remains of the definition in the hope of steering ing a general framework for equal treatment in central to the definition of disability, courts away from definitional disputes. While employment and occupation. OJ L 303, 2.12.2000. will need guidance on how to interpret it. Put many anticipate that this is the likely devel- 5 The story of cross-jurisdictional, transatlantic differently, a theoretical account of medical opment in the foreseeable future, institu- influence between the U.S. and the E.U. does not impairments is a sine qua non condition for tional concerns with administrability will end there. Amid widespread disappointment with operationalizing the social model for the use sooner or later lead judges to seek objective the limited, social improvements of persons with of courts. That account is missing. grounds for their decisions and thus revert disabilities under the ADA regime, the European’s The reason for this has to do with the back to the definitional analysis. holistic approach has recently become the source strategy pursued by many factions of the A third option would be to define disabil- of inspiration for American scholars and activists increasingly transnational disability rights ity specifically as the social effect of present who believe that the U.S. should move “beyond movement. Acting on the assumption that or past, real or perceived, medical impair- disability civil rights.” political empowerment depends on mem- ments. Such a definition would shift judicial 6 Richard K. Scotch, Models of Disability and the bers of the disability rights movement shar- analysis away from the nature of medical Americans with Disabilities Act, 21 BERKELEY J. ing a common political consciousness, the impairments and towards discriminatory EMPL. & LAB. L. 213, 213 (2000). movement deliberately shied away from social effects but would still not make it any 7 Chacon Navas v Eurest Colectividades SA articulating a theoretical account of medi- easier for judges to administer the standard. (C-13/05) [2007]. cal impairments as part of a larger strategy Lasting progress in disability reform 8 Lisa Waddington, A New Era in Human Rights of delinking disability from illness. That ultimately depends on (re)conceptualiz- Protection in the European Community: The strategy had the perverse effect of alienat- ing the social model, and specifically the Implications (of) the United Nations’ Conven- ing judges who, concerned as always with interplay within the model between illness, tion on the Rights of Persons with Disabilities issues of administrability, needed guidance impairment, and disability. This is a dif- for the European Community, Maastricht Faculty on the interpretation and application of ficult task, one that is itself part of larger of Law Working Papers Series, April 2007, at p.2 statutes banning disability discrimination. questions about the relationship between (available at http://papers.ssrn.com/sol3/papers. Bereft of guidance in what they perceived law, society, and nature. But we find our- cfm?abstract_id=1026581). as the uncharted waters of the social model, selves at just the right moment to face the this strategy had the perverse “backlash” challenge in the disability area. The social Academic Vitae effect whereby courts resisted the shift model is invoked in disability reform at (continued from page 35) from the nature to the effects of medical national, supranational, and international Taxation: A Structural Analysis, 3rd ed., by impairments. With no other anchors within levels. For instance, the recently adopted Hugh J. Ault and Brian J. Arnold, 173–193. reach (such as societal attitudes or health United Nations Conventions on the Rights Alphen aan den Rijn, the Netherlands: Klu- condition, illness, etc.), courts turned to of Persons with Disabilities, which both wer Law International, 2010. With Paul R. McDaniel and Paul L. Caron. Study Problems the medicalized approach to impairment to the US and the EU have signed, has been (to accompany Federal Wealth Transfer Taxa- weed out abusive claims. The combination hailed as “the highest legal manifestation tion: Cases and Materials, 6th ed.) New York: of the judiciary’s concerns with administra- and confirmation of the social model of Thomson Reuters/Foundation Press, 2010. bility and guarding against abusive claims disability on the international stage.”8 With Paul R. McDaniel and Paul L. Caron. and the strategy for political effectiveness It is worth recalling that there are 650 Teacher’s Manual (to accompany Federal of the disability rights movement explain million persons with disabilities world- Wealth Transfer Taxation: Cases and Mate- the survival of the medicalized approach in wide. However daunting the task of think- rials, 6th ed.) New York: Thomson Reuters/ Foundation Press, 2010. judicial interpretations of disability. ing anew the basic conceptual framework A number of solutions can be envi- of the social model, the present moment is Presentations: “Efficiency versus Equity: How sioned de lege ferenda. One would be to a unique opportunity to achieve recogni- Important Should Economic Efficiency Be in

48 BC LAW MAGAZINE | SPRING / SUMMER 2010 Formulating Tax Policy?” Boston Tax Forum. MARK G. SULLIVAN ALFRED C. YEN New Appointments: With Diane Ring, Legal Information Librarian Professor and Director of the Emerging appointed academic associate dean at BC Law, and Lecturer in Law Enterprises and Business Law Program effective June 2010. Chair-elect, Association of Recent Publications: “‘Phantom’ References to Recent Publications: “A First Amendment American Law Schools Section on Taxation. Quincy’s Reports in the Massachusetts Supreme Perspective on the Construction of Third Party DIANE M. RING Judicial Court Reports.” In Portrait of a Patriot: Copyright Liability.” Boston College Law Professor The Major Legal and Political Papers of Josiah Review 50 (2009): 1481–1501. “Torts and the Quincy Junior, Volume 5, edited by Daniel R. Construction of Inducement and Contributory Works in Progress: “The Changing Face of Coquillette and Neil Longley York, 858–872. Liability in Amazon and Visa.” Columbia Jour- International Tax Scholarship and Its Impli- Boston: Colonial Society of Massachusetts, nal of Law and the Arts 32 (2009): 513–530. cations for Research Design, Theory, and 2009. “Bibliographical Guide to Quincy’s Methodology.” Saint Louis University Law Library Catalogue.” In Portrait of a Patriot: Presentations: “Trademark Law and the Journal 55 (forthcoming 2010). “International The Major Legal and Political Papers of Josiah Dynamic Construction of the Consumer,” Dynamics of International Tax.” In Beyond Quincy Junior, Volume 5, edited by Daniel R. University of Arizona James E. Rogers College Economic Efficiency, edited by Karen Brown Coquillette and Neil Longley York, 914–930. of Law in March. and David Brennen. New York: Aspen Publish- Boston: Colonial Society of Massachusetts, ers, forthcoming 2010. “What Does Informa- 2009. Activities: Commentator, 3rd Annual Junior tion Get Us?—The New Era of Tax Information Scholars in IP Workshop, Michigan State Exchange.” “Power, Influence, and Converging DAVID A. WIRTH University College of Law in April. Member, Forces: How Longtime Tax Havens Agreed to Professor and Director of International Studies copyright law panel, Donahue Lecture Series, Information Exchange.” Suffolk University Law School in April. Recent Publications: “International Trade Presentations: “Current Issues in Transfer Pric- Law: CLI Background Paper No. 10.” In New Appointments: Appointed to the Asso- ing,” Boston Tax Forum in Jan. Recalibrating the Laws of Humans with the ciation of American Law Schools Membership Law of Nature: Climate Change, Human Review Committee. New Appointments: With James Repetti, Rights, and Intergenerational Justice, by appointed academic associate dean at BC Law, Burns H. Weston and Tracy Bach, Appen- In Closing effective June 2010. dix A, 295–297. [South Royalton, VT]: (continued from page 60) Other: Taught International Tax–Transfer Vermont Law School, 2009. “Make Trade interposed a question and invited Olson to Pricing, Instituto Technologico Autonomo de Rules Attuned to the Ecological Needs address it at his convenience. Nowadays Mexico, Monterrey, Mexico, in Nov. Invited by and Interests of Future Generations: CLI the justices interrupt each other in their the Organisation for Economic Co-operation Recommendation No. 15.” In Recalibrat- ing the Laws of Humans with the Law of impatience for answers. and Development (OECD) Centre for Tax In the book Closed Chambers, Edward Policy and Administration to join an informal Nature: Climate Change, Human Rights, OECD group of government officials and inter- and Intergenerational Justice, by Burns Lazarus recounts a scene in which Stevens national tax experts working on taxation and H. Weston and Tracy Bach, Appendix B, interceded in a nasty spat between Jus- non-discrimination. 202–207. [South Royalton, VT]: Vermont tices Kennedy and William Brennan in a Law School, 2009. race-harassment case. Stevens gently but FRANCINE T. SHERMAN insistently persuaded Brennan to cut some Clinical Professor and Director of the Works in Progress: With Robert H. Abrams nasty language from a draft, restoring the Juvenile Rights Advocacy Project et al. Environmental Law and Policy: Nature, peace. What a far cry from the way Justice Works in Progress: With J. Blitzman, “Youth Law, and Society. 3rd ed. New York: Aspen Antonin Scalia reportedly bullied Justice and the Law”; with L. Goldblatt-Grace, “The Publishers, forthcoming 2010. Legal and Policy Response to the Commercial Ruth Bader Ginsberg into toning down Sexual Exploitation of Girls in the United Presentations: “Global Warming as an Inter- a dissent by accusing her of using “Al States”; and with J. Greenstone, “The Role national Issue and Implementation of the Cur- Sharpton tactics.” Gerald Ford famously of Gender in Youth Systems: Grace’s Story.” rent Multilateral Negotiations, Particularly in said he was prepared to let his record rise In Health and Well Being in Juvenile Justice, the US under President Obama,” Center for and fall on his nomination of Stevens to edited by F. T. Sherman and F. Jacobs. Hobo- Environmental Law/Amsterdam Center for ken, NJ: John Wiley and Sons. International Law, University of Amsterdam the Court—and not, one gathers, because New Appointments: Appointed president of Law School in May 2009. “Global US and EU Stevens pushed the law this way or that, the Board of Directors of Artistic Noise, a Approaches towards Precaution and Global but because he was an exceedingly fine nonprofit arts and entrepreneurship program Warming: A New Era under the Obama common-law judge. for girls in the justice system in Boston and Administration?” T.M.C. Asser Instituut, The Justice Stevens’s replacement will prob- Hague, in May 2009. “REACHing Across New York. Appointed by the Massachusetts ably lack his courtly charm and certainly Department of Youth Services to the Massachu- the Pond? Prospects for Compatible EU/US setts Juvenile Detention Alternatives Initiative Chemicals Regulation,” Ecosphere, Brussels, his institutional presence—he served on Special Populations Subcommittee. Belgium, in May 2009. “United States Climate the Supreme Court for thirty-five years and Change Policy in the Obama Era,” Institute swore in the young chief justice. But he or Other: National consultant for the Annie E. for European Studies/Institute for European she would do well to emulate his example: Casey Foundation Juvenile Detention Alterna- Environmental Policy, Vrije Universiteit Brus- Be a judge, not a philosopher-poet or cul- tives Initiative. Testified at a hearing of the sel, Belgium, in May 2009. Healthy Families and Communities Subcom- ture warrior. Have a sense of humor and be mittee of the US House of Representatives NORAH M. WYLIE clever, but not cute. Be solicitous of the liti- Education and Labor Committee to examine Dean for Students gants whose lives are affected by your deci- the challenges girls face in the juvenile jus- sions. Have the confidence to strike out on Other: With Diana Pullin, recipient of a tice system. Her Congressional testimony, your own. Do not guide your wheels into “Meeting the Challenges Faced by Girls in the 2010–2011 University Teaching, Advising, and Juvenile Justice System,” is available at http:// Mentoring Grant to update and add electronic ruts, and make a stand when you should. edlabor.house.gov/hearings/2010/03/meeting- media content to their Education Law and Persuade others. Allow yourself to be the-challenges-faced-b.shtml. Public Policy course. persuaded.

WWW.BC.EDU/LAWALUMNI 49 Campaign Update

THE PHRASE, “MAY YOU LIVE IN INTERESTING TIMES,” has come to mind often in this giving year. According to Wikipedia, the saying is “reputed to be the English translation of an ancient Chinese proverb or curse...” THE BC LAW CAMPAIGN The times we are living in may in some ways be viewed as the latter. Our alumni are COMMITTEE cautious and rightly concerned about the future of the legal profession and are adjusting Honorary their expectations of that future. Senator John Kerry ’76 However, something very hopeful is also emerging. People are coming together to make Representative Edward things happen for BC Law. They are creating philanthropic partnerships to get things done. Markey ’72 Here are some examples: Thomas Reilly ’70 • As you will see in this Campaign Report, Lois and Jim Champy ’68, believing these Warren Rudman ’60 times are giving rise to both a need and an opportunity, did something unique. They want- Representative Robert ed to invest in scholarship endowment but feared that others would hesitate to do so in this “Bobby” Scott ’73 economic climate. So, they challenged our alumni to make stretch gifts to endowment. Lois and Jim offered to provide ten generous donors with a dollar for dollar match to any new Chairs/Co-Chairs endowments they would create. Within a few short months, all ten gifts were committed. John Boc ’74 • Nearly eighty people, most of whom are not BC Law alumni, made gifts totaling nearly David Donohue ’71 $150,000 in memory of a young man, Derek Boc, A&S ’04 and BC Law ’07, who died tragi- Christopher Mansfield ’75 cally in an accident in March. They did so to honor Derek’s memory with a perpetual, David Weinstein ’75 named endowed scholarship fund. For years to come, men and women will be given the opportunity to attend law school because Derek inspired such generosity. His life will be Members remembered and celebrated with this investment in human capital. John Bronzo ’74 • BC Law was able to provide $330,000 in Loan Repayment Assistance (LRAP) to more Joanne Caruso ’86 than seventy alumni working in public service jobs. It is the largest annual LRAP disburse- James Champy ’68 ment in the Law School’s history and is due to the confidence felt this year by a rising num- Kevin Curtin ’88 ber of Law School Fund donors, who now number over 100 more than last year at this time. Barbara Cusumano ’08 These are just a few ways that a very American characteristic, of coming together in John Hanify ’74 troubled times to accomplish good, is resurfacing at our Law School. Such indicators point Donald Keller ’82 to a promising outcome for our campaign. Michael Lee ’83 Joan Lukey ’74 —Marianne E. Lord, Associate Dean, Office of Institutional Advancement John Montgomery ’75 Jeanne Picerne ’92 BOSTON COLLEGE LAW SCHOOL Capital Campaign Progress Michael J. Puzo ‘77 Joseph Vanek ’87 $50 GOAL

Other (PILF Stipends, LLM 30 Program, Student and Alumni Loan Events and Programs) 2% Repayment 20 Assistance 11% Dollars in millions Faculty Student Research Scholarships 10 16% 71%

0 THE LAW SCHOOL FUND FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY10 Expenditures

Total by year

50 BC LAW MAGAZINE | SPRING / SUMMER 2010 Champy Challenge Nets Ten Matches $1 MILLION RAISED FOR SCHOLARSHIPS

t took fewer than five months for BC Law alumni to take up the gauntlet thrown down in January by James I Champy ’68, a challenge that grew his $500,000 gift to $1 million to fund ten scholarships at Boston College Law School. By matching each $50,000 donation, the Champy Challenge ensured that donors would qualify for an endowed scholarship fund, which requires $100,000 to establish. Champy said the idea for the challenge came to him at a Board of Overseers meeting at which he was shown a gift pyramid for the Law School’s portion of the University’s Light the World capital campaign. The pyramid indicated that BC Law needed a number of $50,000 gifts in order to meet its $50 million goal by 2015. “I thought that for many people $50,000 should be attain- able. So my wife Lois and I decided to do something to help them reach that ‘sweet spot,’” he said. Associate Dean of Institutional Advancement Marianne Lord said the Champy Challenge was an inspired contest. “This imaginative leadership challenge, coming as it did during a difficult economy, really struck a chord at BC Law,” she said. “It shows how one couple, Jim and Lois Champy, can empow- er a community to action, and it speaks to the understanding our alumni have of the need to support our students.” The donors who met the challenge are Joanne M. and

Richard A. Spillane, Ellen E. and Paul M. Kane ’70, Dr. Elena SUZI CAMARATA and Frederic N. Halstrom ’70, Janet and Gary Lilienthal ’70, “Scholarships are more critical today than ever,” says Jim Champy. Kim D. and Mark C. Kelly ’77, Kathleen M. McKenna ’78, James. H. Lerner ’80 and Patricia K. Rocha ’82, Mark V. Nuccio ’83, Elizabeth C. and Michael K. Fee ’84, and Molly said Ann Carey, associate director of reunions and classes. D. and Christopher D. Dillon ’88. “Scholarships are more critical today than ever because Four of the donors, three from the class of 1970 and one the needs and costs and competitiveness are growing,” from the class of 1980, are in their reunion year. “It’s was espe- Champy said. “These ten scholarships will make a difference cially gratifying to have a challenge that simultaneously stimu- in the lives of ten students every year. That’s a big investment lated reunion participation and significant scholarship gifts,” in human capital.”

LEGACY GIVING MADE EASY HOW THE ‘ALTERNATE BENEFICIARY’ DESIGNATION WORKS

Making a legacy gift to BC Law and for first and that the Law School Law School. In doing so, they becoming a member of the Shaw will receive money only if none of avoid estate and income taxes on Society is as easy as naming the Law the primary beneficiaries survives the charitable gift. School as an “alternate beneficia- the donor. To learn more about legacy ry” in your will or retirement plan. The designation also enables the giving to BC Law, contact Allison The alternate beneficiary desig- primary beneficiaries to elect to Picott, senior associate director nation is an ideal way for a donor honor the donor’s charitable intent of capital giving, at 617-552-8696, to ensure that his or her children by disclaiming a portion of their [email protected], or 885 Centre St., and/or grandchildren are provided inheritance for the benefit of BC Newton, MA 02459.

WWW.BC.EDU/LAWALUMNI 51 Stempel Wins Liberty Mutual Prize PAPER IS FIRST IN ANNUAL INSURANCE COMPETITION

he first annual Liberty Mutual Prize for the best article on property and casualty insurance law has been awarded to Jeffery W. Stem- T pel, Doris S. and Theodore B. Lee Professor of Law at the Univer- sity of Nevada. The prize carries with it a $5,000 award. Stempel will receive the award next fall, when he presents a talk at BC Law on his winning paper, “The Insurance Policy as Social Instrument and Social Institution,” which was published in the March issue of the William and Mary Law Review. Liberty Mutual Insurance Group created the competition to encourage and recognize legal scholarship in property and casualty insurance, its regulation and corporate governance. It was part of a $3.1 million gift to establish the Liberty Mutual Insurance Professorship at the Law School. In the article, Stempel examines the fact that insurance policies are tra- ditionally viewed as contracts and, therefore, construed by courts under contract law theories. He argues that since insurance policies aren’t really bargained for (the lynchpin of contract law), they are really much more like products than contracts. In other words, using just contract law to interpret an insurance policy is too simplistic or reductive or contrary to reality. The reality, Stempel contends, is much more complex. In addition to being contracts or products, insurance policies are social institutions or social instruments that serve important, particularized functions in the modern society, often acting as adjunct arms of governance as well as reflections of social and commercial norms. Appreciating this aspect of insurance policies can better inform courts in assessing the meaning of disputed policies, and improve outcomes of insurance coverage litigation. Stempel’s paper was selected by a team of judges comprising Dean John Garvey, Associate Dean for Academic Affairs Michael Cassidy, Liberty Mutual General Counsel Christopher Mansfield ’75, Visiting Professor and Chief Justice Herbert P. Wilkins, Boston College Law Review Editor Caitlin Mulligan, and Director of Publications John Gordon.

3LS MAKE GENEROUS CLASS GIFT RALLY TO CAUSE DESPITE TOUGH ECONOMY

A record 214 members of the Class of focused on participation throughout 2010 displayed remarkable generosity the campaign. The student leadership this spring, pledging $115,510 to their team introduced friendly rivalry into 3L Class Gift Campaign with 82 percent their fundraising efforts by touting participation. a “section war,” won by section number Co-chairs Lauren Graber and Matt three, and by encouraging professors Mauntel led the effort supporting the Loan to wear Hawaiian shirts to class when Repayment Assistance Program that helps the class reached milestone levels of alumni in low-paying public interest jobs. participation.

The twenty-eight-member fundraising JACOB SILBERBERG ’12 They also built momentum to reach committee hit an early milestone at the Co-chairs Graber and Mauntel led participation levels that David Wein- their class gift effort. campaign’s kick-off in February when nine- stein ’75, chairman of the Law School ty-nine students pledged a collective $91,000, thereby Board of Overseers, generously offered to match to setting a participation record for a campaign launch encourage further development of student and young by securing pledges from 37 percent of the class. alumni philanthropy. Including Weinstein’s challenge The committee built upon this enthusiasm and match, the campaign’s grand total is $140,510.

52 BC LAW MAGAZINE | SPRING / SUMMER 2010 Legacy gifts are part of a deeply rooted tradition at Boston College Law School—and those who make them play a key role in securing the Law School’s future. Donors are recognized as members of the Shaw Society and have remembered the Law School in a life income gift or have named BC Law as a beneﬁ ciary of a will, trust, retirement plan, or life insurance policy. Members receive special recognition within the Law School and additional beneﬁ ts that include invitations to exclusive events and updates on the latest BC Law giving news. Please complete the form below to become a Shaw Society member.

If you have included BC Law in your estate plan, we invite you to complete this form, so that we may enroll you in the Shaw Society. If you would prefer simply to notify the Law School that you have made arrangements that warrant your inclusion in the Shaw Society, please let us know.

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THANK YOU FOR YOUR SUPPORT OF BC LAW SCHOOL Reunion Giving Report 2009 ILLUSTRATIONS BY JASON RAISH BY ANN CAREY, ASSOCIATE DIRECTOR OF REUNIONS AND CLASSES Classes Rally in High-Stakes Race 2009 Reunion Campaign sets record

hank you to alumni from the classes of 1959, Special recognition also goes to the classes of 1959, 1964, 1969, 1974, 1979, 1984, 1989, 1994, 1969, and 1984. T 1999, and 2004 for their participation in the The Class of 1959, chaired by George G. Burke and 2009 Reunion program. David B. Slater, raised $394,420. It was the greatest Almost 500 alumni and guests attended Reunion total of gifts/pledges from any 2009 reunion class and Weekend in October. Several events on campus were earned them the 2009 Reunion Giving Cup. held in conjunction with the Alumni Association’s in- The Class of 1969, chaired by Robert V. Costello augural Alumni Assembly meeting, including a lecture and Margaret S. Travers, achieved 49 percent class by Professor James Repetti. He is the inaugural holder participation, the greatest for any 2009 reunion class, of the William J. Kenealy, SJ, Chair established by the earning them the 2009 Legal Eagle Spirit Award. Class of 1974 at its previous reunion. Other activities The Class of 1984, chaired by Michael K. Fee, Wil- were class bar reviews, a Half Century Luncheon for liam P. Gelnaw, and Scott W. Olson, raised the most the classes of 1932–1959, and the class dinner on Sat- Anniversary Gifts. Anniversary gifts, of which they se- urday at the Ritz-Carlton on Boston Common. cured 30 that raised $48,000, are either one-time gifts A record-setting 80 percent of alumni who celebrated or five-year pledges that mirror the number of years Reunion Weekend also demonstrated their class loyalty since graduation ($25, $250, $2,500, and $25,000). by making a reunion gift, a 25 percent increase over the Thank you to the hundreds of alumni who made previous year. In total, the Reunion Giving Campaign gifts and pledges to the Law School. Thank you also to raised $1,610,720 from 33 percent of reunion alumni the reunion committee volunteers and to Kevin J. Cur- and set a new record for reunion gift participation, an tin ’88, the Reunions and Classes alumni board liaison, increase of 50 donors above the previous record. Nine- for their significant investments of time and effort. ty donors made their first-ever gift to BC Law in honor Congratulations to all the 2009 Reunion Classes and of their reunion and collectively raised $34,000. thank you for all your support of BC Law.

56 BC LAW MAGAZINE | SPRING / SUMMER 2010 REUNION GIVING REPORT

1959 Richard J. Berman Peter J. Tyrrell Benjamin M. Levy KEY ★Class Gift Total: William H. Bluth Michael C. Veysey Joan Lukey ✝ = deceased classmate $394,420 Merrill A. Bookstein* Barry L. Weisman Stephen R. MacDonald Participation: 43% Col. Michael J. Brawley James P. Whitters* Lawrence H. Mandell * = members of the class reunion committees Richard L. Abedon Peter W. Brown John V. Woodard* Alan D. Mandl ★ Louis M. Bernstein Thomas H. Brown Jacek A. Wysocki Regina Snow Mandl = 2009 record for highest participation John J. Bilafer Peter S. Conley Richard R. Zaragoza Daniel J. McInerney Jr. or largest class gift George G. Burke, Paul K. Connolly* Philip T. McLaughlin Committee Chair* Hon. Thomas E. Connolly* 1974 Martin J. McMahon Cornelius F. Daly Felix J. Consilvio Class Gift Total: Kevin J. Moynihan* Christine Smith Gray Paul B. Dinkel Robert V. Costello, $344,250 Peter A. Mullin Kathleen V. Gunning Cornelius S. Donoghue Committee Chair* Participation: 40% Douglas M. Myers Katherine M. Hanna Albert E. Good Hon. James M. Cronin (Ret.) Wendy Kaplan Armour Paula Pugh Newett Thomas Henry Hannigan James T. Grady David M. Crowley Gary H. Barnes Eliot Norman Anne Leary Hemelt Charles J. Gulino* Richard S. Daniels Charles R. Bennett Richard L. Olewnik Michael M. Hogan Peter B. Higgins Michael R. Deland Clyde D. Bergstresser Thomas E. Peisch Charles P. Hopkins Hon. John P. Kelly James O. Druker Morrell I. Berkowitz Lora C. Pepi John M. Horn Robert S. Lappin* John J. Egan Thomas J. Berry Walter B. Prince Peter A. Johnson John C. Lombard Leo F. Evans Matthew T. Birmingham James M. Puopolo Gina B. Kennedy Owen B. Lynch* Robert E. Factor Jay D. Blitzman Robert B. Remar Kathleen A. Leary Frank Muller William F. Farley John F. Boc* Theodore S. Sasso Ralph T. Lepore Michael Nacey Gary S. Fentin Mark B. Brenner Barbara Ellen Schlaff Jeffrey T. Letzler Melvin Norris* Joseph F. Flynn John F. Bronzo, Steven J. Seeche Dennis D. Leybold Francis X. Quinlan John J. Forrest Committee Chair* Hon. Sarah B. Singer Sharon Fay Liebhaber Edward L. Richmond Paul C. Fournier Stephen J. Buchbinder Paul B. Smyth Walter L. McDonough* Quinlan J. Shea Dana H. Gaebe Richard P. Campbell* Larry S. Solomon Peter M. McElroy Selwyn P. Shine* Richard B. Geltman Donald D. Carnahan Ira B. Sprotzer Matthew L. McGrath David B. Slater, David A. Gilbert Raymond W. Chandler Gerard A. St. Amand Thomas D. Miller, Committee Chair* Prof. Robert J. Glennon Jr.* James D. Coleman Hon. Jeremy A. Stahlin Committee Chair* James C. Vogt* John E. Glovsky Susan E. Condon Arthur O. Stern John F. Moriarty Hon. Robert V. Greco Hon. Lynda Murphy Christopher J. Sterritt Timothy Pryor Mulhern 1964 Gary L. Grolle Connolly* Joseph G. Stiles* Catherine Oliver Murphy Class Gift Total: $16,635 John E. Heraty* Loring A. Cook Robert S. Troy George J. Murphy Participation: 31% John R. Hicinbothem Gregory Cortese Hon. Brendan J. Vanston Susan J. Newton Charles B. Abbott Stephen L. Johnson Robert M. Cox Arlene M. Violet Elvin C. Nichols Michael F. Bergan Gerald K. Kelley J. Elizabeth Cremens Leonard S. Volin John Robert O’Brien Edward Bograd Edward W. Kirk Lodowick F. Crofoot Thomas M. Walsh Jo Ellen Ojeda Richard M. Cotter Daniel E. Kleinman Karen Dean-Smith* Charles T. Williams Stephen P. O’Rourke Robert J. Donahue Alan M. Lestz Hon. Barbara A. Edward R. Wirtanen Barbara D. Ranagan William L. Haas John J. Lorden Dortch-Okara Louis C. Zicht* Thomas P. Ricciardelli Norman I. Jacobs Edward J. Lubitz Joseph W. Downs III Lauren Stiller Rikleen* Hon. Thomas P. Kennedy* Alan G. MacDonald* Mary E. Downs 1979 Deanne Silk Rosenberg Charles A. Lane Neal E. Minahan Joseph Egan Class Gift Total: Lloyd C. Rosenberg Robert P. Leslie Peter J. Monte James E. Flynn $364,777 Howard S. Rosenblum Kenneth R. Nickerson Richard S. Moody Hon. Daniel A. Ford Participation: 33% Marian T. Ryan* Francis M. O’Boy Michael E. Mooney Erika Schwenn Fox Mark E. Aalyson Richard M. Sandman Martin J. O’Donnell* Hon. Thomas R. Murtagh Paul A. Francis Elizabeth Jensen Bailey Leonard A. Shrier Donald Jude O’Meara Robert J. O’Donnell* John Wright Gibbons David Winthrop Bianchi William B. Simmons Hon. Joseph J. Reardon William J. O’Neil John T. Gilbert Jeffrey I. Bleiweis David A. Slacter Nelson G. Ross Joseph Parker* Richard S. Goldstein William J. Brown Debra Brown Steinberg* Herbert J. Schneider Thomas D. Pawley Patricia C. Gunn Maura Connelly Chasse Marilyn D. Stempler* George S. Silverman David Austin Philbin John D. Hanify, Committee Kathleen Colleary E. Gail Suchman Stephen W. Silverman Nathaniel D. Pitnof Chair* Marguerite A. Conan Denis J. Sullivan James R. Skahan Lawrence W. Schonbrun William F. Henri James R. Condo Barry S. Turkanis Joseph H. Spain Gordon N. Schultz Ronald M. Hershkowitz Mary F. Costello✝ Maureen A. Varley Robert T. Tobin* Richard M. Shaw Prof. Ruth-Arlene W. Howe Carmen Cuevas-Scripture Fred D. Weinstein Jerome M. Tuck Morris S. Shubow John F. Hurley Dianne Curran Teresa Valdes-Fauli Martin B. Shulkin* Michael B. Isaacs Thomas F. Dailey Weintraub 1969 James Shumaker Alan J. Kaplan Susan Giroux Dee Lynn G. Weissberg Class Gift Total: Jeffrey M. Siger* Michael B. Katz Anne M. Desouza-Ward Julian T. White $109,632 Hon. Mitchell J. Sikora* John L. Keefe* Douglas Donnell Judy Willis ★Participation: 49% Harvey Sorid E. Tupper Kinder Mark R. Draymore Benjamin S. Wolf Richard A. Aborn Michael M. Sullivan Paul A. Lacy* William E. Dwyer Norah M. Wylie Roger C. Adams Paul E. Sullivan Thomas A. Larsen Richard T. Foote Edward R. Zaval Carl E. Axelrod Leo W. Tracy Gary H. Lefkowitz Benjamin H. Gerson Patricia Zincke Lawrence T. Bench Margaret S. Travers, David Leslie Lee Thomas Gesmer David W. Zizik Philip P. Berestecki Committee Chair* Steven I. Levin Scott K. Goodell

WWW.BC.EDU/LAWALUMNI 57 REUNION GIVING REPORT

Lauren C. Mazzella Cecile Garcia Desmond Julianne Kurdila Kimberly L. Sachse KEY Patrick McNamara Humberto R. Dominguez* Christine C. Lachnicht Paul E. Salamanca ✝ = deceased classmate Linda Brisson Meyers Silvia Maria Esposito Mary Elizabeth Langer Barbara Lynne Siegel * = members of the class Robert L. Miskell Mary Fahy Leily Lashkari Kevin John Simard reunion committees Debra Chervinsky Moll Lynda Beth Furash Lindsay Li Linda Sandstrom Simard ★ = 2009 record for Jonathan Lawrence Moll Alan Scott Gale Joseph Lucci Lawrence P. Stadulis highest participation M.J. Moltenbrey* Rosemary S. Gale Virginia Chung Lucci Charles William Stavros or largest class gift Thomas K. Morgan David Harvey Ganz Kevin J. Lyons Kathleen Basso Street Charlotte S. Murphy Robert Godfrey Deirdre Watson S. Martin Doris Tennant 1984 Betts Howes Murray Irene Raphael Good, Howard Wilbur Martin Mark Joseph Warner* Class Gift Total: Alan S. Musgrave Committee Chair* Robert John Masonis Kenneth F. Whitted $260,555 Linda E. Neary Bess Beikoussis Gorman Anne O’Connor McCrory Elizabeth Catherine Wu Participation: 36% David M. O’Connor Suko Gotoh Robert Emmett McLaughlin David Ronald Yannetti Anne F. Ackenhusen Barbara A. O’Donnell Carolyn V. Grady Locke Randall McMurray Gail L. Anderson Scott W. Olson, Glenn Anthony Gulino Mary Rose Migliazza 1994 Sheila Lewinger Arons Committee Chair* Judith Buckley Hayman Alicia M. Milligan Class Gift Total: $14,285 Joel E. Benard-Cutler James B. Peloquin Edmund Patrick Hurley Richard Mirabito Participation: 24% Benjamin Berry DeWayne A. Powell John J. Isaza* Peter F. Neronha Bridget M. Bettigole Timothy B. Borchers Amy S. Quinlan Anne Rickard Jackowitz* Carl Francis Patka Kyle Bettigole Stephen W. Brice Richard P. Quinlan Anjali Jesseramsing Caroline Pearson Thomas Bhisitkul Lyman G. Bullard Barbara Zicht Richmond Michael Gordon Jones* Sarah Bulger Piscatelli Kathleen F. Burke Joel R. Carpenter Angeles T. Rodriguez* Mitchell Seth Kessler Bruce William Raphael Sarah Shoaf Cabot Richard L. Carr Carolyn M. Ryan Darcy Kirk Adam C. Robitaille James Michael Cantwell Edward F. Connelly* Steven Samalot Jane P. Kourtis Lisa Marie Ropple Edward J. Carbone Michael J. Coughlin Jr.* Paula M. Sarro Paula M. Devereaux Lisa Fein Siegel Catherine M. Devine Virginia Stanton Smith Pasquale J. D’Orsi Lynne Spigelmire-Viti William R. Eddows John E. Stoddard III Hon. Wilbur P. Edwards Jr. Evelynne L. Swagerty Susan L.S. Ernst Alexander C. Tang John F. Evers Sheila M. Tierney Michael K. Fee, Christopher R. Vaccaro Committee Chair* Helen C. Velie* Beth Rushford Fernald Patric M. Verrone Mark D. Fernald Barbara von Euler Katherine A. Field* Barbara Coughlan Walsh David Fleshler Mark F. Weaver Faye A. Florence Elaine Boyle White William P. Gelnaw, Lisa C. Wood Committee Chair* Victoria P. Wood Mary E. Gilligan Karin J. Yen Carole Cattaneo Gori Thomas A. Zaccaro Stephanie Miller Greene Mark H. Grimm 1989 Linda M. Clifford Hadley Class Gift Total: $56,705 Hon. William P. Hadley Participation: 33% Peter J. Haley* Warren E. Agin James S. Harrington Mark Richard Allen Hon. Leslie E. Harris Peter A. Alpert David F. Hassett Maria R. Baguer* Brian T. Hatch Robert Jon Blackwell Susan A. Hays Mitchell Scott Bloom Stephen J. Hines Andrea Jane Brantner, Ralph F. Holmes Committee Chair* Christopher M. Jantzen Lynn Rooney Brennan Mary E. Kelleher Lois J. Bruinooge James M. Kennedy Peter S. Canelias Susan F. Koffman Leonardo J. Caruso Brian J. Knez Joseph P. Cistulli Robert J. Lanney Peter Franklin Corless Donna J. Law Magda DeMoya Coyle* Sandra Leung* Charlotte J. Crutchfield Lianne Yee Liu Deirdre A. Cunnane Eifiona L. Main Kenneth G. Curran Stanley A. Martin* Jeffrey A. DeMaso

58 BC LAW MAGAZINE | SPRING / SUMMER 2010 REUNION GIVING REPORT

Eugenia Carris Stacey Denise Blayer Michele Davis Welsh Tan H. Pham Jeffrey S. Strom Dina M. Ciarimboli Larissa K. W. Booras H. Lamar Willis* Michael C. Phillipou Rebecca Talmud-Booke Don Joseph Julio Cordell Jonathan Bryan Brooks* Monika Almut Wirtz Stephanie Gayol Phillipou, Douglas R. Tillberg William Dennis Cramer Heather Boynton Cheney* Karen Elizabeth Wozniak Committee Chair* Elissa G. Underwood* Buckmaster De Wolf Marybeth Walsh Chung* Tracy Piatkowski Elizabeth Buckey Kerry Dwyer Michael J. Clayborne 2004 Mary Catherine Pieroni, Vandesteeg, Martin Scott Ebel* Gregory Francis Corbett, Class Gift Total: $13,290 Committee Chair* Committee Chair* Jane Beatrice Eiselein Committee Chair* Participation: 30% Katherine Norman Rogers Bernarda A. Villalona Stephen Evans Lance L. Davis Meredith L. Ainbinder* S. Khim Rungpry Thomas A. Voltero Stephen Faberman Amy Jane DeLisa Ed Amer Helle Sachse Ashley H. Wisneski Susan Hanmer Farina Denise Castillo Dell Isola Thomas Ayres Anthony Sagnella Nathalia A. Young Lorne M. Fienberg Michaela S. Dohoney Anne I. Bandes Matthew D. Saldarelli Emily K. Yu Carlos A. Garcia Peter Andrew Dufour Sheila L. Bautista Allison C. Schwartzman Salo L. Zelermyer Patricia A. Gorman Catherine Collins Egan David T. Beck Brian J. Shortt Christine Grochowski Sharifah Faure Adam D. Bovilsky John Haggerty Matthew James Feeley* Anna Nicole Browand Lise Hamilton Hall Jessie McCann Glidden Nathaniel Browand Stephanie Anne Hartung Philip H. Graeter* Scott T. Buckley Michael Heningburg Jessica Wright Green Jeffrey M. Burns Joseph Hernandez Damon P. Hart* Kenneth S. Byrd, Mary Catherine Hoben Meghan Monahan Hart* Committee Chair* Mark Your Calendar Jonathan W. Hugg Christopher D. Hopkins Connie Chen David Hobum Hwang Laurie R. Houle Elizabeth Costello Bae COME TO REUNION 2010 Nancy M. Kirk* Cathi J. Hunt Courtney E. Cox Save the date for Reunion 2010: October 15- Kathryn L. Leach Young Soo Jo John M. Creedon 17. Alumni from the classes ending in “5” and Ann Farrell Leslie Miki Valente Kokka Jessica R. Cronin Brian J. Leslie Scott Susumu Kokka Sarah J. Cutchins Beck “0” are encouraged to complete the “Reunion Paul Warren Lindstrom Michael Andrew Krasnow Raushanah Daniels Trifecta” by returning for Reunion Weekend, John Livingston Kristin Laura Lentz Christopher J. Dijulia sending in a yearbook form with photo(s), and Karen Ann Loin Edward K. Lincoln Deshala T. Dixon making a participation gift to the class’s Re- Christopher Mace Lucas William J. Lovett Ben N. Dunlap union Gift Campaign. Christine Maglione Amy E. Lowen Jeremy A. M. Evans The Reunion Weekend celebration will com- Kelly Mulvoy Mangan Debra K. Lussier Brian C. Foley mence Friday, October 15, on campus with a Brian Martinuzzi Judith Marie Lyons David J. Galalis faculty lecture, an alumni and student recep- Stephanie H. Masiello* Christopher M. McManus Lawrence Gatei Kenneth Alfred Masotti Christopher A. Miller Courtney Merrill Godin tion, and class bar reviews. Alumni from the Laura Jean McCollum Paul E. Minnefor Tanya H. Goldsmith classes of 1932–1960 are invited to return for Maureen A. McLoughlin Brian M. Monahan Michael S. Gove the annual Half Century Luncheon on Saturday Leigh Mello Elizabeth Grace Moulds Maria Isabel S. Guerrero* at the Ritz-Carlton on Boston Common, fol- Janet Milley Sally J. Mulligan* Katherine M. Hartigan lowed by class dinners for all reunion alumni Christopher M. Mirabile, Christopher H. Murphy Meredith A. Haviland Saturday evening, also at the Ritz-Carlton. The Committee Chair* Patrick A. Nickler Lisa B. Katz weekend closes Sunday with a mass and break- Julia M. Morris Patrick Joseph O’Malley Holly Kilibarda* fast. Visit the website for a complete schedule Caitlin Mullin David Osborne Janelle Y. Kuroda Terrence J. Murray Sailesh Kanu Patel* Mark D. Laidlaw and accommodations options or to download a Helen O’Rourke Yvette Politis Kathryn C. Loring Reunion Yearbook form or Pledge form: www. Melissa Polaner Krista Green Pratt Jeremy T. Marr bc.edu/lawreunion2010. Yolanda Williams Rabun Laureen Nicole Price Karyl R. Martin Classes with strongest attendance make their Rosemary Ratcliff Susan Seale Pylate Jeremy C. McDiarmid travel plans early and encourage classmates Patrick Ratkowski Daniel Ralls Benjamin M. McGovern to do the same, so look up classmates in the Kathryn E. Rodolakis Stephanie White Redmond Jennifer Bombard directory today: www.bc.edu/lawnet. Anne Stuart Benjamin Mark Richard* McGovern Any gifts to BC Law from June 1, 2009 Joon Hyun Sung Stephen D. Riden* Brian C. McPeake Carlos Eduardo Vasquez* Sheila A. Sadighi Dana M. McSherry through Reunion Weekend will be counted as Elaine Shimkin Ventola Christina Schenk-Hargrove* Jane M. Mogavero reunion gifts and also receive recognition in John F. Ventola* Timothy Neal Schofield, Katherine Halpin Moor* the Law School’s Light the World campaign. Christa von der Luft* Committee Chair* Jeffrey Robert Moran Jr. Five-year pledges are encouraged, as the full Kimberly White Benjamin Walker Schuler Jonathan P. Newcomb pledge will be counted toward the class’s total. Beth Ann Schultz Hanh N. Nguyen To make a gift/pledge, contact Ann Carey, 1999 William Patrick Shanahan Eamonn J. O’Hagan associate director of reunions and classes, at Class Gift Total: $54,396 Heather Suffin Delaney Sarah J. O’Leary 617-552-0054 or [email protected]. Participation: 28% Richard St. Patrick Taylor* Brendan D. O’Shea Lisa Amatangel James Michael Tierney* Laura Paioff Otenti We look forward to welcoming you back. Kathleen Lind Berardi Kathleen Theresa Toomey Elliot W. Oxman Brian Lawrence Berlandi Christian J. Urbano Lynette Paczkowski Wenyu T. Blanchard Sarah Anne Weersing James B. Pfadenhauer*

WWW.BC.EDU/LAWALUMNI 59 [ I N CLOSING]

The Last Mensch

Justice Stevens’s legacy is even greater than his decisions

by Michael O’Donnell ’04

he Supreme Court confirmation circus that recently pitched its tent for the summer is unfortunate for many reasons, not least its tendency to eclipse all recognition of the outgoing justice. Unless a judge-partisan of one party retires or dies during a presidency of the same party—and really even then, too—all T talk shifts instantly to his or her suc- would come out 5-3-1 or 6-2-1. cessor. Who will the president nom- No one had any idea how Stevens inate? Will the nominee appease would vote. or offend this interest group or In recent years he caucused with that demographic? Will the confir- the liberals, but few would call him mation fight—these days, there’s doctrinaire. He still calls himself always a fight—be a bruiser? Will a moderate conservative. A for- there be a scandal, too? mer antitrust lawyer who never Justice John Paul Stevens, who took much interest in politics, he retired at the end of the Supreme watched the country and the Court Court’s 2009–2010 term, is easily shift past him to the right. Some- overlooked in this way, and may times he lamented this publicly. well enjoy the obscurity. He was As the senior associate justice, always something of an enigma: a Stevens assigned many opinions, sly-grinning, bowtie-wearing wild shrewdly giving controversial cases card who subscribed to no dogma to Justices Sandra Day O’Connor and belonged to no movement. In an era of vicious and Anthony Kennedy to preserve his majority. He bench-slap dissents and stridently rhetorical opinions, kept two of the Guantanamo cases—Rasul v. Bush his writing—which he did for himself, rather than rely- and Hamdan v. Rumsfeld—for himself. In the opin- ing on law clerks—was simple, direct, persuasive, and ions, which halted a president in his tracks, Stevens frequently eloquent. His devastating short dissent in wrote with the authority of a World War Two veteran Bush v. Gore was pitch-perfect in its plaintive regret and an elder statesman of the third branch while at for the Court’s biggest mistake in a generation, and the same time putting aside grand pronouncements instantly took on the status of a significant historical to make the simple point that the chief executive had document. broken the law. Along with his passionate dissents in Early in his career as a justice, Stevens puzzled his the flag-burning cases, which showed his maverick colleagues with his quirky pattern of decisions and ten- streak, the Guantanamo opinions will form the heart dency to write separately. Even when he agreed with of Stevens’s legacy. a result, he gave his own reasons. He shared company He may have been the Court’s only Protestant jus- with centrist justices Potter Stewart and Lewis Powell, tice, but he was also its last mensch. The product of an but frequently signed on with William Rehnquist on earlier, gentler bar who spoke in the broad vowels of one case, then Thurgood Marshall in the next. A bril- a Midwesterner, he was unfailingly polite to litigants liant intellectual who craved substantive discussion and to colleagues on a court that has trended very and difficult work, he had the confidence to go his aggressive of late. At the opening of Solicitor General own way. Head-counters, baffled and occasionally Ted Olson’s argument in Grutter v. Bollinger, the Uni- frustrated by his idiosyncrasies, used to predict a case versity of Michigan affirmative action case, Stevens (continued on page 49)

60 BC LAW MAGAZINE | SPRING / SUMMER 2010 BCBC LawNetLawNet make the connection

Want a paperless way to stay connected? BC Law’s new alumni online community allows our graduates to connect www.bc.edu/lawnet like never before. But please, don’t take our word for it. Having trouble signing on? Contact [email protected] Register now and experience some of the exciting features for yourself ! It takes a special place Alumni Directory “to enable a poor kid from a ghetto to become a Quadruple Eagle, Career Resources a teacher, an attorney, a board member of the Lawyers Committee My Profile for Civil Rights, and a Trustee of Boston College. In thinking about my final day on this earth, Event Registration it feels good leaving support for an institution that did this for Class Notes someone like me. In my will, I have to think about all the people Chapter Webpages I care for, and although BC isn’t a person, it is a special community Yellow Pages I love. When you’re poor, all you really have is community. My planned gift to BC Law lets me express my love for my community in a very thoughtful way. —Juan Alexander Concepción ”’03

Make a legacy gift to BC Law School today One of the simplest ways to make a 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 Try our new Facebook application! lifetime assets and is an ultimate expression of your devotion to BC Law. To request sample bequest language or learn more, contact Allison Learn more at www.bc.edu/lawnet Picott, senior associate director for capital giving, at 617-552-8696 or [email protected].

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