Boston College Law School Digital Commons @ Boston College Law School

Boston College Law School Magazine

4-1-2006 BC Law Magazine Spring/Summer 2006 Boston College Law School

Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclsm Part of the Legal Education Commons

Recommended Citation Boston College Law School, "BC Law Magazine Spring/Summer 2006" (2006). Boston College Law School Magazine. Book 28. http://lawdigitalcommons.bc.edu/bclsm/28

This Magazine is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Magazine by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected].

SPR I NG / SUMMER 2006 VOLUME 14 I N UMBER 2 Contents

DEPARTME.\TTS

2 In Limine 3 Behind the Columns 4 In Brief I2 Gallery I3 Legal Currents WAR'S UNWITTING VICTIM: Pondering how to protect the environment in battle ACHILLES' HEELS: Unresolved issues of war crimes tribunals THE STANDARDS CONUNDRUM: The emerging debate over ownership 26 Faculty SCHOLAR'S FORUM: Prosecutorial ethics PROFILE: FEATCRES Frank Garcia BENCHMARKS ACADEMIC VITAE 16 Inquiring Minds For certain alumni, there is no career 34 Esquire like that of a scholar. ALUMNI NEWS By Jeri Zeder CHAPTER NEWS CLASS NOTES 22 The Untold Story of Rumsfeld v. Fair How students and faculty helped make a 4 8 Point of View federal case out of the Solomon Amendment. 55 Reunion Giving Report By Jeri Zeder 60 In Closing

On the Front Cover: Illustration by Rob Colvin On the Back Cover: Photograph by Liz Linder

SPR ING I SUMMER 2006 I Be LAW MAGAZI NE [ I N LIMINE] BC ILAW

S PRI NG / SU MM E R 2006 Spreading the News VO L U M E 14 NU MBER 2 Dean John H. Garvey

Chapters, scholarship are all the rage Editor in Chief Vicki Sanders

ith considerable excitement we introduce in this issue a new Art Director W addition to our Esquire section called Chapter News. It marks Susan Callaghan the coming-of-age of the Alumni Association's chapter network and creates a forum in which alumni, prospective students, employers, Associate Editor and friends of the BC Law community can exchange information and Michael Henry '08 ideas. In these pages we will broadcast events and discuss initiatives worth sharing, such as how one chapter's listserv might be a model for other Contributing Editors chapters wishing to track alumni in their own regions. Deborah J. Wakefield If BC Law is to continue to build awareness of its profile as a national Tiffany Wilding-White law school, it must actively recruit students throughout the country and strengthen employer ties from coast to coast. What better asset in these Contributing Writers endeavors than a series of chapters that are home to engaged alumni will­ Kathryn Beaumont '08 ing to attend admitted applicants receptions, mentor students, and help Jessica Curtin '07 graduates find jobs in their area? Joyce Koo Dalrymple '06 The chapters are certainly not all work and no play, however, as reports Michael Engallena '08 from the twelve regions indicate. Social connections are a fun and valu­ Matthew Karr '08 able part of chapter life. Many chapters are busily planning after-work Frederick S. Lane III '88 get-togethers or teleconferences with notable speakers. The big news this Kristine Povilaitis '07 time is the establishment of a Boston chapter, which opened for David Reich business-and pleasure-this June. Kathryn Rutigliano '08 Speaking of BC Law's widening influence, we have discovered a Jane Whitehead cadre of alumni, about seventy in all, who have fanned out across Jeri Zeder America to teach the next generation of lawyers. While the majority of BC Law graduates practice law, many pursue careers in business, Photographers finance, government, and a host of other fields. This small knot of Suzi Camarata brainy alumni in academia are interesting because of what their Webb Chappell career choices say about the Law School's scholarly reputation. Charles Gauthier Scholarship is an important measure in BC Law's standing in various Justin Allardyce Knight rankings and of the quality of the education students receive. The feature Liz Linder package of stories (see Page 16) on alumni who teach, both as professors Michael Manning nationwide and as adjuncts at the Newton campus, is a testament to the fine

thinking and writing the Law School elicits from its faculty and students. Design & Printing Other recent examples of BC Law as scholarly incubator is the accom­ Imperial Company plishment of several students of Professor Anthony Farley (see Page 33), who've been publishing their seminar papers in some of the nation's most Boston College Law School of prestigious law journals. "This is a quite remarkable feat for any given Newton, Massachusetts 02459-11 63, publishes BC Law Magazine two times student and especially impressive when done on a such a systematic basis," a yea r: in January and June. BC Law says Academic Dean Lawrence Cunningham, who has made a concerted Magazine is printed by Imperial Company in West Lebanon, NH. We welcome to effort get the word out about scholarly endeavor at the Law School. readers' comments. Contact us by phone A crown jewel in that effort is Heights of Justice, a book edited by at 617-552-28 73 ; by mail at Boston Cunningham comprising forty-five articles by the faculty on topics ranging College Law School, Barat House, 885 Centre Street, Newton, MA 02459- 11 63; from judicial integrity to rebellious lawyering to juvenile justice (see Page or by email at [email protected]. Copy­ 11). A one-of-a-kind publication, it showcases the Law School's scholarly right © 2006, Boston College Law School. All publication rights rese rved. emphasis on theory and practice in the context of moral and ethical values. Opinions expressed in BC Law Magazine do not necessaril y refl ect the views of Boston College Law School or Vicki Sanders Boston College. Editor in Chief

2 Be LAW MAGAZI N E I SPR I NG I SUMMER 2 006 [BEHIND THE COLUMNS]

Spaced Out

As inheritor of the architectural charms of Newton College, the Law School carefully adapts the campus for modern use

by Dean John Garvey

hile waiting for a plane in Washington recently I met a friend of mine, an alumna of Newton College of the Sacred Heart, and we got talking about the place where she went to school. I feel a sentimental attachment to the Newton alumnae. They built their college here sixty years ago; the Law School moved in thirty-one years ago. And that's how it is with some of our buildings. So we have inhabited the same space for roughly I want to describe for you two approaches we are equal periods, and because of that our lives are taking to cope with the problem of living in a place intertwined. Barat House is named for St. Madeleine with some history. Sophie Barat (1779-1865), who as a young woman The first is long-range planning. A few years ago in post-revolutionary France started a company of we began a strategic planning process designed to women parallel to the then-suppressed Jesuit order. project our growth over the next decade. We held Stuart House is named for Jane Erskine Stuart public discussions of faculty, student, and program (1857-1914), an Englishwoman and sixth Superior needs. Parallel to these, but less visible, was an ef­ General of the order Barat founded. Kenny-Cottle fort to measure and solve the space demands we will was built in honor of Newton College's first presi­ face if we reach our program goals. We anticipate dent, Eleanor Kenny. hiring ten new faculty. They will need offices and It's not just the names that connect us. There is support staff. We have already approved the cre­ a tunnel that links Stuart House with Barat House. ation of an LL.M. program. It will require space for It's toasty even in the winter because the steam pipe a director, a secretary, and functions. Our alumni runs through it. Though it's closed to traffic now, and development staff must grow to help us pay for my friend remembers traversing it in her bathrobe these changes. This will put new strains on Barat as a college student. I have a pink bathtub in my House, where they are housed. It is bad business to office bathroom, and the walls feature the four-inch wait for these needs to arise, and then respond by pink ceramic tile that was so popular in 1947, both committing the space that happens to be available. reminders of the day when the Newton College Over time that approach produces a patchwork president lived here. We have any number of other arrangement with an unattractive design, poor traf­ rooms whose size and shape don't fit their function fic and workflow patterns, and inefficient use of because they were designed as dormitories or space. We took a wiser course. We hired an architec­ chapels or offices for a different purpose. tural firm and asked them to look at the entire This all has its charms. Lots of Newton campus, with a time horizon families (mine included) dress their of twenty years. children in hand-me-downs, and if This has been a very useful exer­ the chain of custody is long, the cise. We have a renewed appreciation clothes may look snug, faded, and for the beauty of buildings like Stuart dowdy by the time they reach the last House and Barat House, and a sense child. Seeing little Margaret in the of the utility (to say no more) of smocked dress at Easter is reassuring­ Kenny-Cottle, the former library. The ly familiar to the older children. It's planners feel that these buildings will not so great for Margaret, though. (continued on page 49)

SPR ING I SUMMER 2006 I Be LAW MAGAZINE 3 [ IN BRIEF ]

CAMPUS NEWS & EVENTS OF NOTE

A Banner Year for Oral Advocacy

STUDENTS EXCEL IN COMPETITIONS

Client Counseling competltlon and advanced to the national finals in Florida in March, the fourth time in five years BC Law was represented at the finals. The Frederick Douglass Moot Court team of Tiffany Buckley and James McGuinness advanced to the national cham­ pionship in Washington, DC, by finishing third in the North­ east Region competition in Albany, New York. In the J. Braxton Craven Constitutional Law Moot Court National Competition in North Carolina, William Dunn, Bryan Bertram, Lauren Fascett, and James Fagan were runners-up in the final round, the third time in the last four years that a BC Law team made it to these finals. BC Law's National Admin­ istrative-Environmental Law Moot Court Team of Heather Castillo, Jim Downing, and Chris Morgan advanced to the The excitement of victory shows on the faces of John J. Gibbons Criminal Procedure Moot Cou rt winners (I-r) Jonat han lauer, Andrew Dennington, and Em ily Armstrong. quarterfinals in a field of sev­ enty-two schools at the national competition at Pace c Law advocacy teams THE LAW SCHOOL HOSTED the only University. They took the best Bfanned the country and oralist award. the globe this year, earn­ American Regional round of the European Alison Hickey and Christo­ mg a number of accolades in pher Gosselin competed in the moot court and client counsel­ Union Law Moot Court, the second sixteenth annual National First ing competitions, including Amendment Moot Court Com­ winning the National Criminal largest such competition in the world_ petition at Vanderbilt Universi­ Procedure Moot Court compe­ ty. Hickey, a 3L, won the best tition. The Law School also oralist award. hosted the only American in Newark, New Jersey, 3Ls In BC Law's own Wendell F. In the Saul Lefkowitz com­ Regional round of the Euro­ Emily Armstrong, Andrew Grimes Moot Court in April, petition in New York City, pean Union Law Moot Court, Dennington, and Scott Lauer Stu Leslie and Pat Moore pre­ Gauri Davan, Martha Wilson­ the second largest moot court took top honors among twen­ vailed over Jane Harper and Byrnes, Daniel Malone, and competition in the world. ty-six other teams. Contribut­ Jeff Rogan, with Moore win­ Leila Amineddoleh competed At the National Criminal ing to their win, the team sub­ ning best ora list. on a problem involving the Procedure Moot Court compe­ mitted the best brief, and Arm­ Sean Phelan and Steven Van law of Trademarks and Unfair tition at Seton Hall Law School strong was named best oralist. Dyke won the regional ABA Competition.

4 Be LAW MAGAZI NE I SPR ING I SUMMER 2006 [ I N BRIEF]

On the international front, BC was active in three pro­ Winning an Immigration Case grams: the European Union Law Moot Court, the Jessup MULTI-DISCIPLINARY APPROACH WORKS International Moot Court Competition, and the inaugural Immigration Law Moot Court. For the EU competition, he Boston College Immi­ that Ms. K would suffer in School. Under the direction of twelve teams of students came T gration and Asylum Pro­ Liberia because of her ethnicity Flatley Professor of Catholic to Boston from law schools in ject (BCIAP) and the if she were deported. Theology David Hollenbach, England, Finland, France, Ger­ Catholic Legal Immigration Net­ In December, the case was SJ, the center aims to take a many, Ireland, Italy, the work (CLINIC) earned a legal presented before a Boston more comprehensive approach Netherlands, and Switzerland. victory in a complicated immi­ immigration judge, who grant­ to human rights issues that tra­ A panel of judges and gration case last winter, winning ed the discretionary waiver of ditionally have been viewed practitioners from Europe "cancellation of removal" for a deportation, and the govern­ through the prism of law. and the United States judged young Liberian woman threat­ ment agreed not to appeal. The "We normally think of the only American Regional ened with deportation. judge and the government human rights as something round in this international Human Rights Program lawyer specifically noted the that's concerned with the law, competition. Some eighty Director Professor Daniel high-quality, multi-disciplinary but it's really about suffering students, scholars, practi­ Kanstroom attributed the suc­ presentation of the case by and how we respond to suffer­ tioners of European Union cess to the multi-disciplinary Holper and Slepkow. Ms. K ing in its multiple dimensions: Law, and European Union approach of the Immigration was released that day and physical, psychic, and political, officials participated in the Clinic and BC's new Center for rejoined her family in Provi­ among others," Hollenbach arguments. Human Rights and Internation­ dence, Rhode Island. said. "We want to take a very Our own EU team of Patrick al Justice, which engaged the According to Kanstroom, strongly humanistic approach to Halasz, Victoria Bembenista, help not only of law students this was, "absolutely first-rate these questions and that's part of and Megan Smiley, with their but also a student from the legal work ... They have literally the Jesuit university commit­ coach Joe Mueller, traveled to School of Social Work. "Believe saved this young woman's life, ment to approaching issues Dublin to compete. Patrick me, this is as challenging a case bringing her back from the from a deeply human level." Halasz qualified as a semi­ as anyone has ever taken on," brink of a tragic deportation, The center's three associate finalist in the advocate general Kanstroom said. getting her released from feder­ directors are Kanstroom (Law), competition. Mary Holper '03, the CLIN­ al custody, and developing a Professor Donald Hafner BC Law also hosted the ICIBCIAP staff attorney, repre­ workable treatment and life (Political Science), and Profes­ Northeast Regional rounds of sented the woman, known here plan for her." sor M. Brinton Lykes (Lynch the Jessup International Law as Ms. K, and was assisted in This kind of interdiscipli­ School of Education). Moot Court Competition, one court by Tara Slepkow '07. nary work represents the focus -Tiffany Wilding-White of the oldest and most presti­ Law students helped prepare of the Center for Human With excerpts from the Boston gious moot court competitions, briefs in support of Ms. K and Rights and International Jus­ College Chronicle, October 6, with schools from ninety coun­ the social work student found tice, which was established last 2005, and from a report by tries competing. various treatment programs for fall and is housed at the Law Daniel Kanstroom Our Jessup team of Arlan the woman, who suffers from Fuller, Meagan Garland, post traumatic stress disorder. James Bitanga, Kristen John­ Ms. K came to the US as a son, and Jihyun Cathie Tak lawful permanent resident in was forced to travel elsewhere 1991. Former BCIAP fellow and headed off to Baton Alexandra Dufresne met her in Rouge, Louisiana, and acquit­ July 2005 at a regional county ted themselves well. jail in North Dartmouth, where In February, BC Law sent she'd been detained by Immi­ Tara Slepkow, Alex Parcan, gration and Customs Enforce­ and Cecilia Chen to New York ment after receiving a suspend­ University, which hosted the ed sentence for shoplifting, an Immigration Law Moot Court, "aggravated felony" and an event they intend to make deportable offense, according an annual tradition. The Law to federal immigration law. Participants in Be's new Center for Human Rights and International Justice are School team advanced to Dufresne filed an application (I-r) law professor and associate director Daniel Kanstroom, administrative the semifinals. for asylum and withholding of assistant Elizabeth King, center director David Hollenbach, 5J, and associate -Thomas J. Carey Jr. '65 removal, citing the persecution directors Donald Hafner and Brinton Lykes.

SPR ING I SUMMER 2006 I Be LAW MAGAZ INE 5 BOSTON COLLEGE LAW SCHOOL

7STH ANNIVERSARY

Rethinking Church v. State

STEPHEN CARTER SHIFTS THE PARADIGM-AGAIN AND AGAIN

tephen L. Carter, noted Yale law professor and legal scholar, the only proper upbringing is one that minimizes firmly held Swas presented with the Law School's Distinguished Service family values. Award in March as part of its Seventy-fifth Anniversary Cele­ Carter cautioned that religion, which promulgates itself bration. Often described as a conservative, Carter is more properly through children, may die out if it is not allowed to shape itself in characterized as a revolutionary thinker, known for taking popular subsequent generations. So where to draw the line between free­ theoretical perspectives and framing them in unconventional terms. dom of choice and the family'S right to instill belief? As a prelude to the award presentation, Carter led a discussion "We must be scrupulous in making sure [children] are not on "The Separation of Church and State." He emphasized that harmed," Carter said of his live-and-let-Iive philosophy. What con­ society should rethink the popular conception that separating gov­ stitutes harm is another debate entirely, he added. ernment from religion is a battle between the "good guys" (the - Michael Henry '08 state) and the "bad guys"(the church). Carter, author of eight books, including the critically acclaimed Reflections of an Affirmative Action Baby and The Culture of Dis­ belief, suggested viewing the separation of church and state not as a vehicle for insulating government from religious indoctrination, but for protecting the rights of individuals to practice religion Greenhouse Given Be Law Award freely without secular restraints. Society's perspective tends to skew in favor of protecting state interest, he said, when perhaps framing the debate in light of family interests would be more A f ull house welcomed Pulitzer Pri ze-winning journalist Linda appropriate. Gree nhouse to t he Law School ca mpus last November. She took "It is the responsibility of the family, if they choose to exercise questions for over an hour, commenting on her years as it, to create the moral world that their children live in," he said. Supreme Court correspondent to the New York Times and on "[This world] may be very different from the moral world of their changes t o the makeup of the Court. At the t ime, John Roberts neighbors. " Jr. had just been appointed ch ief justice and hearings were While public schools are forbidden from mandating prayer as about to begin on Samu el Alito Jr., w ho has since become an part of the "truce" between church and state, Carter noted, sub­ associ ate justice. jects are taught in public schools that are offensive to the religious At the event, Greenhouse received the Law School's Seventy­ values parents try to instill in their children. fifth Anniversary Distinguished Service Aw ard for her contribu­ The root of the state's argument for controlling religious tions t o the legal profession and to society. She's also the recipi­ instruction, Carter argued, is the notion that faith is a choice, not ent of Goldsmith Career Award for Excellence in Journalism an innate act. Government interest in promoting informed choice from the Kennedy School of Government at Harvard and the is nothing more than a counterargument to the family'S right to John Chancellor Award for Excellence in Journalism f rom the believe, he said. Neither theory is morally absolute, he stressed, Annenberg School for Communication at the Un iversity of rather they are simply competing theological perspectives. Pennsylvania. It is therefore the height of irony, Carter said, that state interfer­ ence in religious teachings turns on the parochial argument that

6 Be LAW MAGAZ INE I SPR I NG I SUMMER 2006 [ I N BRIEF]

Generational Powerhouse

GOLDBERG DRAWS ON FAMILY STRENGTHS

hen you piece "I'm glad did both downturn without layoffs or community empowerment, and W together the Rabbi degrees," she says. "Often busi­ cuts in services. "When you've economic growth are part of her Goldberg family ness doesn't understand legal been taught how to run a busi­ campaign platform. "The lieu­ traits, it is clear where Deborah ramifications and visa versa." ness of 50,000 employees on a tenant governor is the interface Goldberg '83 gets not only her She applied those skills in a 1 percent profit margin and between local communities and community-minded values but variety of ways during the six give health insurance and pen­ the corner offices. I have local also the intellectual wherewith­ years she served on the Board sions, it's not so different from level experience and I under­ al to shape a singular career of Selectmen in Brookline, managing in a public environ­ stand what communities need informed by law and business. Massachusetts, eventually ment," Goldberg says. from the lieutenant governor. A descendant of Talmudic becoming chair and shepherd­ Indeed, educational improve­ I've done it," she says. scholars, a great-great-grand­ ing the city during an economic ments, affordable healthcare, - Vicki Sanders mother who supported a family of eleven children with her North End grocery, a grandfa­ ther who was a state superior court justice, parents who were politically involved, and a clan that founded the Stop & Shop supermarket chain, Goldberg is drawing upon the lessons of this lineage in her bid for lieu­ tenant governor of Massachu­ setts. For her to want to serve the public interest in a job at the intersection of policy and politics, government and busi­ ness, is a result as natural to her as breathing. "Everything is connected: family, community, business life, and politics," she said dur­ ing a spring visit to BC Law to attend a class and meet with students. Her interest in those interrelationships explains in part the pattern of her educa­ tional and professional choices. "I grew up sweeping floors and stacking flour" she says of her time in the family business. The company's determination to provide a living wage and benefits even to part-time employees taught her an early lesson in the humanity of sound business decisions. She worked in retail for another five years after graduating from Boston University, then got a law degree from BC Law and an In her bid for lieutenant governor of Massachusetts. Deborah Goldberg is drawing on her arsenal of experience in MBA from Harvard. business. law. and public service.

SPRI NG I SUMMER 2006 I Be LAW MAGA Z INE 7 [ I N BRIEF]

Legal Epiphany Saves the Day

LAB STUDENTS PREVAIL IN HOUSING CASE

ast fall, students at the Housing Authority (BHA), LAB sued BHA on Valerie's The successful claim carried LLaw School's Legal missed some mandatory meet­ behalf. LAB lost on its claim an award of $11,000 in attor­ Assistance Bureau (LAB) ings and lost the Section 8 that BHA failed to provide ney's fees for LAB, which will discovered that the best way to vouchers that pay for her reasonable accommodation help fund the Waltham-based fight bureaucracy is with more entire rent. Her landlord for Valerie's prolonged illness clinic's other programs. bureaucracy. They also man­ brought eviction proceedings in scheduling the meetings. "It was our saving grace," aged to make some money. for failure to pay, and the LAB However, Velez and the team Tremblay says. "It was really cre­ As part of LAB's Home­ team faced the daunting task had an ace up their sleeves. ative lawyering by the students. lessness Litigation clinic, a of keeping Valerie and her Section 1983 of the United The real-world implications semester-long practicum that daughter from being thrown States Code on public health were enormous for Valerie and invites budding attorneys to out onto the street. and welfare requires that every her daughter. "This woman lit­ represent needy families and " It was a long shot," says citizen be afforded the right erally would be in a shelter individuals in housing dis­ Paul Tremblay, a clinical pro­ under due process to a fair with no chance at getting sub­ putes, the students were fessor with LAB since 1982. hearing. Judge Jeffrey M. sidized housing again if this assigned to help "Valerie," a "We had no defense to the Winik, presiding over the two­ went badly," Tremblay says. Dorchester mother who faced landlord's claims." day trial in Boston Housing Thanks to some crafty use eviction from her apartment. But then Rachel Velez '05 had Court, decided that BHA had of procedure by law's future Valerie, who lives with her a legal epiphany: Why not go not afforded full credit to difference-makers, that will teenaged daughter in an apart­ after the source of the funding? Valerie's explanations for miss­ not happen any time soon. ment subsidized by the Boston Following that instinct, ing the meetings. -Michael Henry '08

Rankings Watch

LAW REVIEW, SCHOOL IN TOP 30

he Boston College Law BC Law Review most T Review's "impact rank­ recently ranked above Ford­ ing"-determined by ham Law Review, Notre Dame the Washington & Lee Law Law Review, Boston Universi­ Review Impact Factor Rank­ ty Law Review, and the ings-increased from forty­ Georgetown Law Journal. one in 2003, to thirty-one in Boston College Law 2004, to twenty-three in 2005. School also saw some cate­ A law review's impact rank­ gorical jumps in the US News ing is determined by the average & World Report rankings of number of citations per article in the Top 100 Law Schools, CARDINAL MEETS WITH STUDENT GROUP each journal, a system distinctly while holding steady from different from those that mea­ last year with an overall rank Cardinal Sean O'Mailey, archbishop of Boston, paid his first visit to sure total number of citations of twenty-seven. the Law School in April at the invitation of the St. Thomas More and thus tend to reward larger The Law School rose to journals for their sheer number eighteen from twenty-two in Society. Among the guests at the reception and dinner in Barat of articles and pages published the rankings for clinical pro­ House were Dean John Garvey, the Church in the 21st Century per year. grams and landed on the board Director Timothy Muldoon, and James Fagan '06 and John Mulcahy This average-number statis­ for the first time in the intellec­ '07, president and vice president, respectively, of the St. Thomas tic, therefore, takes into account tual property category with a More Society. a smaller journal's careful selec­ ranking of twenty-one. tion of articles. -Kathryn Beaumont '08

8 Be L AW MAGAZI NE I SPR I NG I SUMMER 2006 BOSTON COLLEGE LAW SCHOOL LETTERS TO THE EDITOR 75TH ANNIVERSARY

A CALL TO ALMS challenge the ABA to come up In David Reich's interview of with a solution to help poor Michael S. Greco '72 ("Standing people have the legal services to "No One Is Born with Hatred" Tall for Liberty," FalllWinter which they are entitled and 2005), Greco acknowledges which they deserve. ADL HEAD CALLS FOR TOLERANCE Father Robert F. Drinan's lifetime -Benjamin J. Cantor '37 commitment to public service, Belmont, Massachusetts particularly his theory of law as a vehicle for protecting the poor Pro-log or Prologue? and powerless. Greco asserts, I was most pleased to see in "As ABA President, I'm making the FalllWinter issue the nice it a top priority to increase lower­ article about Judge James Redden income Americans' access to the of Portland, Oregon ["Looking civil justice system." Out for the Little Guy: Judge In my book, Courtroom Redden Presides Over Salmon Guide for Non-Lawyers, the Wars"]. I believe he has been an chapter titled "Equality Before all-too-forgotten alumnus who the Law" addresses the subject went on to have a significant of equal justice for all. It reads: career outside of Route 128. Of "Even with a most able course, for my taste, it could lawyer, some people may lose a have been a bit more pro-logging lawsuit they might have won if and a bit less pro-salmon. [Edi­ ADL National Director Abraham Foxman (center) is flanked by Dean John they had had the funds to pay tor's Note: Alan Saltman special­ Garvey (I) and James Randolph '15, chair of the ADL New England Board. for expert witnesses, or an izes in federal government con­ investigation for evidence that tract law and represents timber n an East Wing classroom last April, Dean John Garvey introduced a was necessary to sustain their companies in the Northwest that Iman who he said has long been willing to "suffer the arrows" of a pub­ case ... If the litigant does not buy rights to cut timber on feder­ lic fight: Abraham Foxman, national director of the Anti-Defamation have the funds to pay for these al lands. He will teach a course League (ADL). Addressing an audience of students, faculty, and members services, this is not true jus­ on government contract law at of the ADL assembled to celebrate the Law School's seventy-fifth an­ tice--democratic justice. This BC Law this fall.] niversary, Foxman talked about his efforts to combat bigotry and preju­ defect in our judicial system The issue was also certainly dice in all its "virulent and pervasive" forms. makes a mockery of 'equal jus­ replete with information on He stressed the need for open dialogue, especially among people with tice before the law,' which the activities of several people differing views, and emphasized the importance of "trying to understand should be one of the first princi­ with whom I went to law each other's pain." He also called for the intestinal fortitude to stand up ples of democracy." school: Mike Greco, Harry and fight for a prejudice-free world. The Holocaust, he said, mandated In my 70-year career as a Damelin, and Jim Sturdevant. that we "chisel an Eleventh Commandment [to] never again be silent." forensic photographer and I guess the class of '72 is really Indeed, his own life illustrates his point. Born in 1940, Foxman survived the Holocaust because, he said, "in the expert witness, I have learned hitting stride. midst of that hell" that burned 1.5 million Jewish children to ashes, his how important it is for lawyers Alan Saltman 73 Polish Catholic nanny had the courage, humanity, and faith to stand up. to perform pro bono service. I Washington, DC She baptized and raised him as a Catholic during the war years. He ar­ rived in America in 1950 with his parents, who had also survived, but four­ teen other family members were lost. He attended City College of New York and New York University Law School. In 1965, he joined the ADL, and for the last forty years has Alumni of class years ending in 6 and 1 are invited to celebrate worked to put an end to the unfair discrimination and criticism of people Reunion with classmates during the weekend of October 12-15. everywhere through appeals to reason, conscience, and law. He will set­ Thursday, October 12: BC v. Virginia Tech game and pre-game reception. tle for achieving tolerance, he said, but his real goal is respect. Foxman is resolutely optimistic about winning the battle. Teaching Friday, October 13: Out-of-state alumni luncheon with faculty, Bar bigotry is woefully easier than unteaching it, he said, but it's also impor­ Review with students, and Bar Reviews for the ten reunion classes. tant to remember that no one is born with hatred. Each one of us "touch­ Saturday, October 14: Alumni Council town meeting (daytime), es a whole world," he added, and each day presents opportunities to help reunion cocktail reception and class dinners (evening). exterminate a pestilence that has plagued hearts and minds for centuries. At the event, Pat Hurley of the BC Law Students' Association present­ Sunday, October 15: Farewell brunch. ed a proclamation, signed by numerous student organizations, support­ Events will take place on the BC main campus, Law School campus, ing religious freedom for all and stating that "hatred and bigotry against and at the Ritz Carlton, 15 Arlington St., Boston. For more information, one group is hatred against aiL " Foxman also received the Seventy-Fifth contact Linda Glennon at 617-552-3935 or [email protected]. Anniversary Distinguished Service Award during his visit. -Michael Engallena '08

SPRI NG I SUMMER 2006 I Be LAW MAGAZINE 9 BOSTON COLLEGE LAW SCHOOL [ I N BRIEF] 7STH ANNIVERSARY

LL.M. Program Launched

FIRST STUDENTS EXPECTED IN 2007

lans are underway to add diversity of the law school's P an LL.M. degree pro­ student body and the depth of gram at Boston College the curriculum. It will also put Law School, with the first class the school on a par with peer entering in the fall of 2007. institutions that already have The one-year Master of LL.M. programs. Laws program will cater pri­ "The program will enhance A Father, a Legacy marily to international candi­ how Boston College Law dates by offering an introduc­ School IS viewed from SON OF FIRST ASIAN GRADUATE IS HONORED tion to the United States legal abroad," Wirth says. "At some system and a research and point in the future, the goal arold Hongju Koh got his first introduction to law and diplomacy writing course that will famil­ would be to have representa­ H from the inside of a jail cell when he was five years old. His father, iarize foreign lawyers with tives from every point on the the late Dr. Kwang Lim Koh '61, was serving as South Korea's ambas­ American standards of legal globe here with us. " sador to the United States. One day, the Koh family was riding in Wash­ communication. The program BC Law anticipates an ington, DC, when their car broke down. Their Korean driver ran to get will be open to applicants who inaugural LL.M. class of five help and returned triumphantly, trailed by a brigade of fire trucks and have attained a first degree in to eight candidates, with the police cars. It turned out the foreign driver, unaware of the seriousness law from their respective potential for as many as thirty of his actions, had pulled a fire alarm and was promptly arrested. countries. in the future. Because the goal Dr. Koh hailed a taxi cab and took his family to visit the driver in jail. Though the Law School is to provide a broad back­ After unsuccessful attempts to secure the driver's release by invoking will not discourage domestic ground in American law, the diplomatic immunity and arguing that there had been no criminal applicants from applying, it LL.M. offered will be a degree intent, the ambassador was permitted to see the driver in his cell, with expects the bulk of its candi­ in general studies, rather his family at his side. The driver, a prisoner in a strange land, was crying. dates to come from overseas. than a certificate in specific Dr. Koh placed little Harold inside the cell with the driver and shut the "The thought is, given the concentrations. door. "Call the Washington Post," he told his wife. "Tell them the focus of the program, that it Administrators are in the ambassador's five-year-old son was imprisoned because their driver will appeal mostly to foreign process of hiring a non-faculty pulled a f ire alarm." students who want exposure program director to oversee Harold and the driver were released immediately. to US law," says Professor LL.M. affairs. Teachers for the Now the Dean of Yale Law School and a passionate human rights David Wirth, director of inter­ twenty-four credit curriculum advocate, Harold Koh returned in April to his birthplace of Massachu­ national programs. will be drawn from the exist­ setts, where his father became the first Asian (Korean) to graduate from Wirth says the program's ing pool of Law School faculty. Boston College Law School nearly a half-century earlier. He was here as aim is to increase both the - Michael Henry '08 part of BC Law's seventy-fifth anniversary celebration and was honored with a Distinguished Service Award. His mother, Dr. Hesung Chun Koh, also a scholar, attended the event. Before accepting the award, Koh, a celebrated author and former assistant secretary of state for democracy, human rights, and labor, lec­ tured on "Transnational Law," a comparative approach to legal stan­ Is it your dream to one day argue a case before the nation's highest dards that measures one country's laws against the conventional wis­ court? Or at least to become a member of the Supreme Court bar? dom ofthe global community. On June 11, 2007, Boston College Law School will sponsor qualified Koh's own views on transnational law are reflected in the writings of alumni at a swearing-in ceremony admitting them to the bar of the former Justice Harry Blackmun, for whom he clerked from 1981 to 1982. US Supreme Court. Activities in Washington, DC, begin Sunday, June In a 1987 Supreme Court case, Blackmun wrote in a concurring opinion: 10, with sightseeing and a reception, followed by Monday's ceremo­ "US courts must look beyond national interests to 'mutual interests of all ny and a luncheon. nations in a smoothly functioning international legal regime.'" Koh noted that recent appointments to the highest court could her­ Watch your mail for an invitation, which contains details about qual­ ald a four-one-four split as to whether the US should be a melting pot of ification requirements, application procedures, and accommoda­ policies or a legislative island. "Taking views of foreign powers isn't a tions. For additional information, contact Paige Renaghan, director sign of weakness or a commitment to their ideals," he said. "It is simply of programs and events, at [email protected] or 617-552-8666. an acknowledgement of them." -Michael Henry '08

lO Be LAW MAGAZINE I SPRI NG I SU MME R 2006 [ I N BRIEF]

Advocates Help Prisoner Prove Innocence

LEASTER RECALLS 20 YEARS BEHIND BARS

evidence that would prove conviction of crimes for which another man committed the he was innocent." murders and petitioned the court "Bobby served as an exam­ to hear previous evidence that ple against the death penalty had been improperly presented and his compensation is a mod­ to the jury. In 1986, they decided el for [wrong] convictions," to try to get his sentence com­ Judge Muse said. muted, and as the new evidence Speakers such as Leaster mounted in Leaster's favor, the provide a perspective on the Board of Pardons unanimously criminal justice system that the voted to do so. A motion for a Criminal Justice Law Projects new trial ultimately was granted, co-founders Emma Winger '08 and Leaster's indictments were and Hilary Berliner '08 hope to dismissed. In 1992, the state leg­ continue to bring to BC Law islature appropriated $500,000 students. "The need for ade­ to purchase an annuity for Least­ quate representation is so er, in order to "discharge the important, especially for people Bobby Joe Leaster (seated), shown with Suffolk Superior Court Ch ief Justice Paul Liacos (I) and BC Law adjunct professor Ch ristopher Muse, is a frequent Commonwealth's moral obliga­ who can't pay," Winger said. speaker on the subject of wrongful convictions. tion relating to the wrongful -Kathryn Beaumont '08

n September 27,1970, Law community to tell his story Otwo assailants robbed of incarceration and fight for the Talbot Variety freedom. The talk was spon­ Store in Dorchester, Massachu­ sored by the Criminal Justice Scholars' Showcase setts, shooting and killing the Law Project, a recently reincar­ store's owner, Levi Whiteside. nated student group that hopes SOCIAL JUSTICE BINDS VOLUME OF ESSAYS That afternoon, based on a to educate students about police radio broadcast that approaches to criminal justice. described the suspects in the Leaster started fighting his n an effort to raise aware­ When Cunningham stepped murder, Bobby Joe Leaster was conviction almost immediately. I ness of the ground breaking into the role of academic dean arrested near his home in the "I constantly stayed in the scholarship of its faculty last year, he considered strate­ South End. He was convicted library and filed motion after members, Boston College Law gies for maintallllllg the of first-degree murder in June motion," Leaster said. On his School has compiled excerpts school's commitment to pro­ of 1971, and the jury declined own, he twice unsuccessfully of faculty research papers for ducing high quality research. A to impose the death penalty. He petitioned for writ of habeas publication in a hardbound col­ book project seemed like an was nineteen years old and had corpus, and it was on his third lection. The volume, titled effective approach to raising no criminal record. petition that he met the Muses; Heights ofJustice, is a one-of-a­ awareness of the work of pro­ Over the next twenty years, by then he'd already served sev­ kind publication, the first fessors and inspiring them to Leaster would fight to clear his en years. "When Chris came to attempt by a law school to produce the best work possible. name and to correct the wrongs see me and said he believed I combine previously published The theme connecting the done to him by the state. In was framed, I felt deep in my essays and articles by its vari­ forty-five essays is how to ensure 1977, Boston attorney Robert F. heart that my life was beginning ous scholars into one collection that a sense of justice permeates Muse was appointed to Least­ to change," Leaster told the BC with an overarching theme. the world's legal systems. Cun­ er's case, and his son, Christo­ Law gathering. "They stayed in "This is a brand-new ningham said tying the articles pher]. Muse, now a Massachu­ contact with me. Brought me a approach," said BC Law Acad­ together in this manner grew out setts Superior Court judge and cake on my birthday. That emic Dean Lawrence Cunning­ of his observation that the facul­ adjunct professor at BC Law, made me feel really good. ham, who edited Heights of ty's scholarship was rooted in also took up Leaster's cause. Prison life is a very lonely life." Justice. "Instead of sending out social justice, itself an out­ They helped exonerate him. While continuing to file glossy pamphlets about our growth of the university's foun­ This past April, Judge Muse motions for a new trial, Leaster scholarship, we are sending out dation in Jesuit teaching. introduced Leaster to the BC and the Muses began to collect the scholarship itself." -Jan Wolfe

SPR ING I SUMME R 2006 I Be LAW MAGAZ INE II [ GALLERY ] Luke Scheuer '07, Therese Forgacs '08

Husband and wife Luke Scheuer and Therese Forgacs are a long way from the footlights of Toronto, where they had previous lives not only as graduate students, but also as professional ballet dancers. After graduating from the National Ballet School, Scheuer danced with the Alberta Ballet and National Ballet of Canada, then com­ pleted his bachelor's and master's degrees in English literature at the University of Toronto. A Massachu­ setts native, Forgacs trained with the Massachusetts Youth Ballet and was part of a Philippine performing group, with which she traveled the world. She also attended the University of Toron­ to, where she received a bachelor's and master's degree in art history. Married since 2003, the couple met in 1999, while dancing with a Toronto-based contemporary ballet company.

WHY LAW SCHOOL? Scheuer: I spent several years perform­ ing with the National Ballet, but that was the only period during which I was dancing exclusively. Ballet is a (continued on page 49)

SPRING I SUMM£1l 2006 [ LEGAL CURRENTS ]

TRENDS AND TIMELY ISSUES

War's Unwitting Victim

THE ENVIRONMENT: HOW TO PROTECT THE BATTLEGROUND ITSELF

he effects of war on the environ­ Tment, whether as an unintentional byproduct of conventional warfare or a deliberate act to gain strategic advan­ tage, are both catastrophic and well-cata­ logued. In 146 B.C., the Romans salted the fields of Carthage to make the land useless for agricultural production. The United ,

States' use of atomic bombs on the Japan­ f c~ l.J ese cities of Hiroshima and Nagasaki at the end of World War II produced widespread environmental devastation and exposed the environment to high levels of radiation. In the Vietnam War, the United States employed substances such as Agent Orange, which resulted in deforestation. The growth of the environmental move­ ment in the late 1960s and early 1970s expanded public consciousness of the envi­ ronmental effects of warfare. Despite this new awareness, war has continued to have disastrous effects on the environment. THERE EXISTS A GAP BETWEEN the growing international In 1991, Iraq, under the control of Sad­ dam Hussein, invaded neighboring Kuwait, concern for the environment and the mechanisms that can beginning the Persian Gulf War and a series of environmental catastrophes. Iraq actually curtail environmental damage caused by war. pumped up to four million barrels of oil into the Persian Gulf. It set hundreds of Kuwaiti oil wells ablaze, spewing carcino­ impending Iraq War: "To me, the question the ability to enforce its judgments, both to genic smoke that lowered temperatures of the environment is more ominous than offer civil compensation to rehabilitate the and resulted in "black rain." The total that of peace and war." environment after war and to serve as a impact of Iraq's military action on the nat­ Although there are many international deterrent from future unnecessary environ­ ural environment has been estimated at law mechanisms that govern the conduct of mental degradation. $79 billion. war, such as the Hague Convention and A model for such a civil enforcement There is concern that the Iraq War, com­ Geneva Convention, there exists a gap mechanism is the United Nations Compen­ menced in 2003, will have a significant between the growing international concern sation Commission (UNCC), which was effect on Iraq's environment and water and for the environment and the mechanisms established by the UN to compensate vic­ could result in destruction of endangered that can actually curtail environmental tims of the 1991 Persian Gulf War. The species. Furthermore, the use of weapons damage caused by war. The gap exists for UNCC is not a court but rather an admin­ that contain uranium by US forces could practical reasons, such as the lack of clearly istrative body that processes claims and result in widespread environmental conta­ defined violations and methods of enforce­ determines proper payment amounts from mination. At the beginning of the Iraq War, ment, as well as political reasons, such as its fund. The UNCC represents a novel and a group of lawyers and scholars from fifty­ the reluctance of some nations to consent potentially powerful tool for civil liability, one nations sent a letter to the UN, warn­ to jurisdiction of international courts. because unlike other international courts, ing of the possibility of "massive. . . envi­ Closing this gap requires the develop­ the UNCC can operate without consent ronmental destruction." Former UN Chief ment of a mechanism that clearly defines from the sanctioned party. As such, the Weapons Inspector Hans Blix said of the wartime environmental damage and has UNCC could be adapted to future conflicts

SPR ING I SUMM ER 2006 I Be LAW MAGAZINE 13 [LEGAL CURRENTS] to recoup the cost of environmental dam- A h °11 'H 1 age and create a deterrent to any environ- C 1 es ee s mentally destructive action because of potential civil liability. LEGAL INCONSISTENCIES PREVAIL AT TRIBUNALS There has been extensive critical com­ mentary in this area, discussing the strengths and weaknesses of the UNCC as a mechanism for civil compensation for wartime environmental damage. In order to address the weaknesses and adapt the UNCC for long-term use as an enforce­ ment mechanism for civil liability for wartime environmental damage, several changes to the body must be implemented. First, the priority of environmental damage claims must be increased, as pro­ cessing priority for environmental damage claims was among the lowest in the cur­ rent UNCC. Next, the UNCC must become a permanently funded body. It is currently funded by the seized wealth of the sanctioned nation. The funding, there­ fore, can be interrupted if the sanctioned nation is uncooperative. Further, the UNCC must establish a clear definition of environmental damage that is sufficiently Members of the Rwandan Army hold flower wreaths to be laid on the mass grave in Gisozi. Rwanda. in 2004. Survivors of the 1994 genocide gathered to bury the remains of victims recovered from mass broad to ensure that everyone who experi­ graves and pit-latrines as the country marked the grim ten-yea r anniversary. ences environmental loss will be compen­ sated. Finally, following a war, claimants should have a longer period of time for ome years ago, career prosecutor incident with this lesson: "In international submitting claims for environmental dam­ SPierre R. Prosper was arguing a case procedure, you can't make objections, but age than is currently available under the at the UN tribunal that hears cases you can make observations." UNCC. Often, environmental damage is stemming from the Rwandan genocide of Prosper's experience toiling in a legal latent and requires a long period of time to 1994. At one point, the young American tower of Babel is hardly unique in the become apparent. Extending the time to rose to object to what he saw as the world of international war crimes tri­ submit claims will help ensure that all defense's witness-badgering. bunals. The twenty-five judges at the Inter­ deserving claimants are compensated. Looking puzzled, the chief judge, from national Criminal Tribunal for the Former The documented and potential damage Senegal, asked his fellow judges, a Swede Yugoslavia (ICTY), the oldest such tribunal to Iraq's environment as a result of the Iraq and a South African, "Objection? Do you currently hearing cases, come from no few­ War is widespread and hard to dispute. have this in your [country's legal] system?" er than twenty-three countries, each with Given the grim financial situation in Iraq Neither one did, and Prosper was ordered its distinctive legal tradition, according to and the low priority often given to environ­ to sit down. BC Law School Professor Judy McMor­ mental damage, it is likely there will not be When the badgering continued, Prosper row. She and Prosper, a BC graduate and adequate funding for environmental reha­ objected once again, with the same result. member of the Board of Trustees, and sev­ bilitation in postwar Iraq. Holding Coali­ Later in the trial, Prosper, emboldened en other experts, spoke at a forum on the tion nations civilly liable through an adapt­ by the judge's ruling, was leading a witness tribunals that took place at the Law School ed UNCC will force the wealthier nations through an aggressive cross-examination. on March 24. The symposium, sponsored who engaged in military activity-without Prosper's opponent, a Cameroonian, rose by the Boston College Environmental and the imprimatur of the UN- that resulted in and after a flowery preamble in which he Comparative Law Review and the Boston environmental degradation to repay Iraqi showered praise on the judges and tribunal, College Center for Human Rights and citizens for that damage. said, "I have an observation. The prosecu­ International Justice, was called "Sharpen­ -Keith P. McManus '06 tor is being rude to the witness." After a ing the Cutting Edge of International moment in which he seemed to ponder the Human Rights Law: Unresolved Issues of This article is adapted from Civil Liabil­ lawyer's remarks, the chief judge looked War Crimes Tribunals." ity for Wartime Environmental Damage: Prosper in the eye and said: "Don't be In addition to the problem of integrat­ Adapting the United Nations Compensa­ rude!" Prosper, who went on to serve as ing personnel from many disparate legal tion Commission for the Iraq War, 33 B.C. United States Ambassador-at-Large for systems, the tribunals have suffered from a Env. Aff. L. Rev. 417 (2006). War Crimes Issues, came away from the (continued on page 49)

14 Be LAW MAGAZINE I SPRI NG/SUMMER 2006 [LEGAL CURRENTS] The Standards Conundrum

DEBATE HEATS UP OVER WHO SHOULD OWN THEM

tandards make modern life possible. ciplinary orientation. Earlier conferences California. Additional commentary and SPeople buy gasoline with confidence generally examined the question of owning moderation was ably provided by Stacey that their cars will run properly. Busi­ standards from a single perspective, such as Dogan from Northeastern University, Sid­ nesses conduct commerce over the internet intellectual property. By contrast, the Law ney Shapiro from Wake Forest University, knowing that their computers will operate School's conference combined experts from Michael Carroll from Villanova University, seamlessly with others all over the world. antitrust, corporate law, ad-ministrative and BC's own Joseph Liu, Lawrence Cun­ Consumers rely on the imposition of stan­ law, and intellectual property in a conversa­ ningham, and myself, Alfred Yen. dards to ensure the safety of electrical tion that greatly broadened and enriched One of the major themes underlying the devices, food, and homes. the understanding of standards. conference was the question of who should In most cases, standards operate as a Eight papers were presented by some of promulgate standards? Ownership of stan­ form of public property. You may need the country's most distinguished scholars: dards becomes plausible because private someone's permission to make use of a pri­ Herbert Hovenkamp from the University actors do so, but is this desirable, particu­ vate museum, but you don't need permis­ of Iowa, Mark Lemley from Stanford Uni­ larly when government promulgation of sion to build a house that meets the local versity, William Bratton from Georgetown standards obviates the case for owning building code. This is a good thing. If stan­ University, A. Michael Froomkin from the standards? Responses to this question dards exist to give society the benefits of University of Miami, Scott Kieff from varied. Froomkin described how govern­ uniformity, then charging people for con­ Washington University, Frank Partnoy ment promulgation of privacy standards forming to standards dissipates that value. from the University of San Diego, Greg could reap significant public benefits that Recently, however, the free public use of Vetter from the University of Houston, and would be unlikely to arise through private standards has begun to erode under the rise Pamela Samuelson from the University of (continued on page 50) of modern intellectual property. The intu­ itive appeal is simple. If someone develops a standard, then she should own it in the THE LAW SCHOOL'S CONFERENCE combined experts same way that an author or inventor owns a book or device. Recognition of such intel­ from antitrust, corporate law, administrative law, and lectual property gives the owner the right to prevent others from using or duplicating intellectual property in a conversation that greatly the standard, a right which can be waived broadened and enriched the understanding of standards. for an appropriate fee . For example, an inventor may be able to get a patent on a new, more efficient process for converting analog sounds into digital files. If others want to adopt the new standard in stereo equipment or other music players, they will have to pay the inventor for the privilege. In some cases, the private ownership of standards makes sense. After all, the mon­ etary rewards of licensing can serve as a powerful incentive for the production of beneficial standards. Moreover, private control of a standard can ensure the uni­ formity and improvement of a standard's various embodiments. In other cases, however, these benefits may be over­ whelmed by the costs of monopoly pricing and anti-competitive behavior by those who own standards. On March 31, the Law School hosted a conference studying the question of owning standards. The conference, entitled "Own­ ing Standards," was unique in its cross-dis-

S PRI NG I SUM MER 2006 I Be LAW MAGAZI NE 15

o~/i::1 BY JERI ZEDER

FOR CERTAIN ALUMNI, THERE IS NO CAREER LIKE A SCHOLAR'S

This is the voice of a young lawyer who yearns to be a professor:

"More and more, when I answered the question that I had been asked to consider, I had asked myself many more questions that no one was going to pay me to explore. I wanted to address questions with complete freedom, instead of forcing the answers into preconceived desirable answers for my client. By the fourth year of practice, I was chafing for the freedom of inquiry."

THAT'S MARTIN J. MCMAHON '74, It is standard for law school gradu­ recalling his early days in private prac­ ates to choose careers in private prac­ tice. He is now professor of law at the tice, government, politics, or the judi­ University of Florida Fredric G. Levin ciary. A career in academia is in many College of Law, and has been in acad­ ways the road not taken. Those who emia for nearly thirty years. He is one tread this path say law scholars have of some seventy-five BC Law gradu­ a special role to play. "It's a good idea ates across the country who have felt for society to constantly reexamine it­ that pull toward freedom of inquiry self and have people anticipate where so undeniably that they have made things are going," says Alfred S. their professional homes in the world Konefsky '70, who holds the title of of legal academic scholarship and distinguished professor at the Univer­ teaching. Why they do it, how they got sity of Buffalo Law School. "It is im­ there, and how their alma mater in­ portant to have ideas examined and fluenced them reveals much about reexamined all the time by people who teaching and scholarship at BC Law. have an opportunity to stand back and

SPRING I SUMMER 2006 I Be LAW MAGAZINE 17 take a look and reflect on what's at stake and how to shape things and frame things," he says. Because courts and legislators read scholarly law journals, scholars' work can influence social policy. "I've written articles that have resulted in changes in se­ curity rules, tax laws, and most recently, in rules that govern the conduct of lawyers in tax matters," says James Repetti '80, professor of law at BC Law. In con­ trast to lawyers, who are constrained by billable hours and the interests of their clients, or judges, who must ROBERT BLOOM '71 apply the law and resolve cases, law professors are com­ Professor. Teaching and scholarship focus on mentators. They have the luxury of stepping back, tak­ criminal law and procedure, and civil rights. ing note of legal patterns and trends, observing social and economic currents, and questioning the status quo. MARY ANN CHIRBA-MARTIN '81 Associate Professor of Legal Reasoning, Research, THINK THAT ANY LAW SCHOOL THAT and Writing. Teaches legal research and writing " aspires to be a great law school has an oblig­ and health law. Scholarship focuses on health law. ation to society to produce scholars," says the University of Florida's McMahon. That oblig­ IRENE GOOD '89 ation, he says, comes from the university's re­ Educational Technology Specialist/Legal Informa­ sponsibility to do good in society. Does that t ion Librarian; Lecturer in Law. Teaches courses in mean law schools should consciously aim to immigration law, legal research, and the Legal graduate people who will become law professors? Reasoning, Research, and Writing Program. Konefsky and Repetti say no. "We should try to edu­ cate students so they can pursue any area of law that FRANCIS HERRMANN, SJ, '77 they find interesting," says Repetti. Associate Professor. Teaches evidence, criminal Law is a status-oriented profession, and it is the most elite law schools-Yale, Harvard, and Stanford, for ex­ law, criminal procedure, Introduction to Lawyering ample-that churn out more than their share of legal and Professional Responsibility, and the criminal scholars. They also tend to attract highly ranked stu­ justice clinic. Scholarship focus on criminal law dents with scholarly proclivities and academic interests. and procedure. But qualities other than where you went to law school can matter as much, or more. Take, for exam­ RUTH-ARLENE HOWE '74 ple, Michele Goodwin '95, professor at DePaul Uni­ Professor. Teaches family law, elder law, Legal versity College of Law. She loves to be critically engaged Interviewing and Counseling. Scholarship focuses in ideas. Before she was even aware of it herself, her col­ on family law, foster care, adoption, and social lege professors at the University of Wisconsin had services. Advisor to the Black Law Student Associ­ pegged her as someone who would study and teach law ation and Third World Law Journal. one day. Aware of her potential, Professor Herbert Hill, the late NAACP labor director, advised her specifically to attend BC Law. "He told me forget about Harvard, JAMES R. REPETTI '80 forget about Yale. BC is a place that's solid and ground­ Professor. Teaching and scholarship focus on tax law. ed with an excellent faculty and a great mission," Goodwin recalls. FRANCINE SHERMAN '80 But what does it mean to have an excellent faculty? Adjunct Clinical Professor and Director of the And where do students fit into the equation? "You need Juvenile Rights Advocacy Project. people on both sides of the podium, students and fac­ ulty, who are not satisfied with just knowing what the SUSAN SULLIVAN '93 rules are but also who are insistent on understanding Legal Information Librarian and Lecturer in Law, why the rules are what they are and whether there's a Law Library. Teaches advanced legal research, tax better rule that better comports with society'S philo­ legal research, and Legal Reasoning, Research, sophical, social, and economic values," says McMahon. "Professors need to satisfy students who want to talk and Writing. about things that are not in the book, but are inferred by what's in the book," he says. NORAH WYLIE '79 Goodwin concurs. Asked what kind of law school Dean for Students. Teaches Lawyering and tends to graduate people who become law professors, Professional Responsibility, directs the Semester Goodwin ticks off the following: "A faculty that's crit­ in Practice Clinic. ically engaged in its own scholarship. A faculty that

18 Be LAW MAGAZINE SPRING I SUMMER 2006 encourages critical thinking. An environment where ing why this, why not that. it's safe to scrutinize various ideas. A cadre of people Buffalo's Konefsky says his BC Law first year civ­ coming in and doing workshops and lectures that are il procedure professor, Hiller Zobel, left an indelible open to students. A place where scholarly writing mark on him. When Konefsky attended the Law among students is encouraged. Modeling by profes­ School, there were no courses in legal history. But sors." In other words, a law school where the spirit Konefsky approached Zobel, a legal historian, after of inquiry flourishes, and where professors take their class one day after reading Zobel's first book on the students seriously. Boston Massacre. Zobel invited Konefsky to come and BC Law graduates who became law school profes­ talk with him, and got him a job at the Massachusetts sors loved their law school experience, and they devel­ Historical Society. "He got me started," Konefsky oped deep, collegial, and long-lasting relationships with says. "I'm forever grateful to him." Konefsky has their professors. Ronna Schneider '76, professor of law made his career as a legal historian at the University of Cincinnati, recalls her first year con­ Robert Glennon, professor of law at the University stitutional law class with BC Law Professor James of Arizona Rogers College of Law and, like Konefsky, Houghteling. "I fell in love with the First Amendment a legal historian, attended BC Law during a time when and I never fell out of love," she says. She keeps a pho­ many young people were drawn to law as an agent of to of the late Houghteling on her office wall. social change. "I was a first year law student in 1966, "I went to law school here and benefited from sev­ 1967. I was an anti-war student; I wanted Eugene Mc­ eral outstanding teachers," says BC Law's Repetti. The Carthy to run for president," he says. "To read the pas­ excellence with which they practiced the craft of teach­ sionate dissents of William O. Douglas or Hugo Black ing, their ability to convey complex ideas, and their elo­ over civil rights issues was inspiring." He counts the quence all captured him. "What a wonderful profes­ idealistic ProfessorArthur Berney as an influence on his sion it would be to become a law professor," Repetti career to this day. "It's easy to be jaded, but there's still says he remembers thinking. a role for people who think big and have noble ideas," "The reason I'm a professor, and a tax law profes­ Glennon says. sor, is Paul McDaniel, Mary Ann Glendon, and Peter The typical path to becoming a law professor goes Donovan," says McMahon, naming his BC Law men­ something like this: Go to Yale (or some other elite tors. When he attended law school, these professors fed school). Graduate with high grades. Clerk for a judge his need for constant questioning and analysis, for ask- in a prestigious court. Practice for a few years in a well-

SPR ING I SUMMER 2006 , Be LAW MAGAZINE 19 regarded law office, get published in scholarly jour­ nals, and then enter the Jobs for Professors Sweep­ stakes sponsored by the Association of American Law Schools. What's interesting is how many of the alum­ ni-professors interviewed for this story didn't follow this route into the legal academy-and how many credit their BC Law teachers with helping them launch their careers:

• After law school, BC Law Professor Robert Bloom '71 became a civil rights lawyer in Georgia Adjunct professors, practicing lawyers and supported by a poverty law fellowship, and then a legal services attorney in Massachusetts. He start­ judges who teach law part time, supplement ed teaching at BC Law running the civil and crim­ the expertise of the full-time faculty. Here's a inal clinical programs, then taught substantive sampling of the courses they offer: criminal procedure. Next thing he knew, he was on the tenure track. • "[BC Law Professor] Ingrid Hillinger knew I should be a professor," says Michele Goodwin, THE AMERICAN JURY who was interested in health and medical law. "She contacted people and I didn't even know it." ARBITRATION Through Hillinger's efforts, Goodwin got a call BUSINESS PLANNING from DePaul University, which has one of the top ten ABA accredited health law programs in the CIVIL MOTION PRACTICE country. Goodwin believes the hierarchy and sta­ tus thing is overblown. "You have to know your­ COMPLIANCE AND PERFORMANCE self and cultivate relationships," she says, and de­ velop a publication record of scholarly writing that DISPUTE NEGOTIATION will stand for itself. • Professor Michael A. Perino '88 of St. John'S DOMESTIC RELATIONS PRACTICE University School of Law never clerked for a judge and practiced law for six years, longer than most EDUCATION LAW people who become professors. "There are lots of EMPLOYEE BENEFITS ways to get into teaching. You don't have to have the classic law professor's resume to get a job ENERGY LAW teaching," he says. • BC Law's Repetti clerked for federal district ENTERTAINMENT LAW court judge Walter Jay Skinner (Boston) and prac­ ticed tax and corporate law at the Boston law firm INTERNATIONAL ARBITRATION of Ropes & Gray. " [BC Law Professor] Paul Mc­ Daniel was leaving BC to go into practice. He en­ LAND USE couraged me to throw my hat in the ring," at the Law School, says Repetti. "So did [Professor] San­ MEDIATION ford Katz. I was absolutely amazed when they MUTUAL FUNDS hired me." • Schneider applied to exactly one law school, NATIONAL SECURITY the University of Cincinnati, where she still teach­ es today. Then-BC Law Dean Richard Huber and REAL ESTATE FINANCE Professor Mary Ann Glendon (now at Harvard) helped her get the job. REGULATORY PRACTICE

STATE AND LOCAL GOVERNMENT ROBABLY NONE OF THIS WOULD TRIAL PRACTICE (MULTIPLE SECTIONS) surprise BC Law professor and for­ mer dean Daniel R. Coquillette. He teaches "Topics in the History of American Legal Education" at Har­ Source. Lawrence A. Cunningham, vard Law School, a seminar popu­ lated half by BC Law students, half . associate dean for academic affairs (continued on page 50)

20 Be LAW MAGAZINE I SPR ING I SUMMER 2006 lumni who love teaching but "When I have my students stand up in tion." Barnico says that adjuncts also are happy to leave legal schol­ my civil motions course and argue a mo­ offer student;; mentoring and career guid­ Aarship to others have the option tion, they can see by the questions I ask as ance culled from current, real-world of becoming adjunct law pro­ a judge that there's a lot more to being ef­ expenence. fessors. Adjuncts are practicing lawyers or fective in a courtroom," Brassard says. Adjunct faculty not only improve the judges who teach law part time. The "They get a keener grasp of something as law school, they also bolster the profes­ American Bar Association encourages law basic as how critical the facts are in a case, sion. "Teaching forces me back to first schools to tap practitioners as vital teach­ not just lofty principles of law, but ex­ principles and forces me to look at them ing resources. "Adjunct professors sup­ quisite attention to evidence. I believe I get in a new light. When I get a new case, if plement the expertise of the full-time fac­ this across very graphically. It makes them I've taught the hornbook law in the last ulty," says Associate Dean for Academic better law students." two weeks, I seem to have a running start Affairs Lawrence A. Cunningham. "We Massachusetts Assistant Attorney Gen­ into the books in the area," Barnico says. take seriously the value of offering cours­ eral Thomas A. Barnico '80 has been di­ "The fresh look at the first principles of­ es to our students that draw upon the ex­ rector of BC Law's Attorney General Clin­ ten comes from the students." perience and wisdom of practicing lawyers ical Program since 1989 and faculty coach Brassard agrees. "The thinking I do as and judges to enhance our educational for the Braxton Craven Moot Court Team I prepare for class, and the work that I program." since 2001. "I truly enjoy working with do, always complement each other," he BC Law employs about sixty adjunct the students in a clinical setting," he says. says. "Sometimes, when you're giving professors, most of whom have extensive "The clinic is their first exposure to prac­ your thoughts to your students, all of a teaching experience at ABA-accredited tice. They draft their first pleadings, argue sudden you make a point that never oc­ law schools. Adjuncts substantially enrich their first cases in court. It's a thrill to see curred to you before. You knew it, but the law school curriculum, offering about them take their first steps. you didn't know it. My understanding of fifty elective courses each year in a wide "The full-time faculty can only cover aspects of the jury system are considerably range of subjects, from hands-on clinics a certain range of substance or practical better having taught than having only like mediation, negotiation, and civil mo­ experience," Barnico continues. "The practiced it." tion practice, to certain subfields, like en­ law's so multi-faceted. The adjuncts who "Teaching," Brassard concludes, "makes tertainment law, education law, and state do clinical placements offer something my whole career more fun." and local government. that can't be provided on site, by defini- -Jeri Zeder ABA standards require that full-time faculty teach the major portion of the law school's curriculum, including substan­ tially all of the first-year courses. The chart ar right shows the distribution of up­ UPPER LEVEl COURSES TAUGHT BY FULL-TIME AND ADJUNCT FACULTY per level courses and credits between full­ time and adjunct faculty at BC Law. SPR I NG 2 00 3 - 2 006 Raymond]. Brassard '71, associate jus­ tice of the Massachusetts Superior Court, FULL TIME COURSES ADJUNCT COURSES TOTAL is a seasoned adjunct, having taught in area law schools for about ten years. At BC SPRING 2006 44 (58 %) 31 (42 %) 75 Law, he teaches civil motion practice and 75 (73%) 27 (26%) 102 a course on the American jury. He says ad­ juncts playa different role from law pro­ SPRING 2005 51 (56 %) 39 (43 %) 90 fessors. "We come from a background of FALL 51 (65%) 28 (35%) practice as lawyers and judges," he ex­ 79 plains. "Professors become full-time schol­ SPRING 2004 56 (55 %) 36 (45 %) 102 ars. They bring tremendous perspective to our law. People who are practicing say: FALL 47 (63%) 28 (37%) 75 'Let's take these ideas and see how they SPRING 2003 46 (55 %) 38 (45 %) 84 play out in the real world.' It is important for students to be exposed to both kinds Source: Lawrence A. Cunningham, associate dean for academic affairs of people."

S PRI NG I SUMM ER 2006 I Be LAW MAGAZINE 21 .ur-!J I'pOft: rt,"h 1..- t I!,f ~..; 1 \,.

., BY JERI ZEDER

HOW STUDENTS AND FACULTY HELPED MAKE A FEDERAL CASE OUT OF THE Solomon Amendment

JOSHUA ROSENKRANZ DECLINES MOST OFFERS to speak at conferences. But when the stu­ dent members of BC Law's Coalition for Equality asked the lead counsel in Rums­ feid v. FAIR, the Supreme Court challenge to the Solomon Amendment, to deliver the keynote address at its November 2005 conference on the issues raised in that case, he felt there was only one answer. "This was one invitation I could not turn down," Rosenkranz said. And no wonder. Though largely ignored in the media that otherwise gave plenty of play to this litigation, the role of many BC Law students and faculty in Rumsfeld v. FAIR was substantial. Rosenkranz's exception to his no-speaker rule was a well­ deserved tribute to those at BC Law who helped initiate the case that dared to tell the US Department of Defense (DOD): We protest the military's discriminatory policies against gays and lesbians. Ultimately, the students, faculty members, and law schools who signed on as plaintiffs lost the case before the US Supreme Court. In an opinion delivered March 6, a unanimous court ruled that the Solomon Amendment did not violate the plaintiffs' free speech rights because they were free to speak out against the military's policy of excluding gays and les­ bians from military service. In the wake of this defeat, it remains likely that many BC Law students and faculty members will continue to protest vigorously against the military's discrimination against gays. But the question arises: Was the tactic of suing all the way to the Supreme Court worth it? First, some history. The Solomon Amendment has gone through several versions, but at its core, the legislation denies federal funding to institutions of higher education that interfere with the military'S recruiting efforts on campus. Law schools across the country faced a Hobbesian choice: either violate your own nondiscrimination policies or lose mil-

S PRI NG I SUMMER 2006 I Be LAW MAGAZINE 23 "WHEN WE PRESSED FURTHER, it became clear that no real legal analysis had been done about [the Solomon Amendment] or its enforcement. A lot of us felt that, not only had the STUDENTS BEEN COMPROMISED, but it had been done in a way that was unlawyerly. All legal options had not been pursued, ALL LEGAL RESEARCH

HAD NOT BEEN DONE." - DANIEL ROTH '04, A COALITION FOR EQUALITY CO· FOUNDER

lions-for yourselves and your parent universities-in feder­ to BC Law objecting to its minimal compliance practices al funding. In the case of BC Law, the Solomon Amendment and warning that federal funding would be denied, not just was a challenge to one of the oldest law school nondiscrimi­ to the Law School but to all of Boston College, if military nation policies in the country, dating back to 1982. recruiters were not given "equal access" to students. On It was then that BC Law added sexual orientation to the September 9, 2002, the faculty suspended the Law School's litany of factors-race, sex, creed, color, religion, national nondiscrimination policy with respect to sexual orientation. origin-upon which it pledged not to discriminate. At that Student activists opposed the suspension. Upset at what time, only about twenty law schools had voluntarily added they considered the Law School's easy capitulation to the sexual orientation to their nondiscrimination policies, military's demands and willingness to abandon its anti-dis­ according to Professor Alan Minuskin. When, in 1990, the criminatory principles, a couple of dozen gay and straight Association of American Law Schools required its members students banded together to form the Coalition for Equality to add sexual orientation to their nondiscrimination poli­ (CFE). They started asking questions, and were told that cies, the military'S stand on gays and lesbians came into $35 million were at stake on the main campus. "When we direct conflict with the policies of more than 150 law pressed further, it became clear that no real legal analysis schools. As growing numbers of schools across the country had been done about the law or its enforcement," said began excluding military recruiters, Congress, in 1995, Daniel Roth '04, a CFE co-founder. "A lot of us felt that, not passed the first version of the Solomon Amendment. Initial­ only had the students been compromised, but it had been ly, funding only from the Department of Defense was at risk. done in a way that was unlawyerly. All legal options had not Then, in 1996, Congress extended Solomon's reach to fund­ been pursued, all legal research had not been done." ing from the departments of Labor, Health and Human Ser­ vices, Transportation, and Education. More ominously for the law schools, Solomon II targeted money for student OST CFE ACTIVITY ON CAMPUS WAS POLITI­ financial aid. With help from US Representative Barney cal in nature, and was backed by a number Frank (D-MA), student activists at BC Law led a national of other student groups, including the letter-writing campaign that caused Congress to wipe the Black Law Students Association, Asian denial of federal student aid funding off the books in 1999. Pacific American Law Students Associa­ Around the same time, Interim Dean James Rogers asked tion, Jewish Law Students Association, and Women's Law Professor Minuskin to chair a committee to look into the Center. But a handful of students-four, to be exact­ Solomon Amendment. "Are there legislative pressures, litiga­ approached Professor Kent Greenfield and asked him if he tion options, some way under existing law that we can comply would teach a course on the Solomon Amendment. Green­ with the law minimally? That was the charge of the commit­ field agreed. The students produced a seventy-page legal tee," said Minuskin. Out of the committee's work grew BC memorandum exploring the Solomon Amendment's legisla­ Law's minimal compliance policy: no access for the military to tive and enforcement history, analyzing possible claims the resources of the Law School's career services office; military against the amendment, and delving deeper into what was at recruiting pamphlets allowed only in the library; interviews stake. As it turned out, what was at stake was more like $4 booked through the dean's office only; no more free diet Sprites million to $6 million, not $35 million. "That was one of the and chocolate chip cookies for recruiters; no screening resumes revelations that came from some digging," said Roth. "It at career services. In other words, give the military access to took work, but it wasn't rocket science. Just a few people students, but without the convenience and first class treatment with a year and a half of law school under their belts." other, nondiscriminatory employers enjoyed. The students presented their work to the faculty, in hopes "We lived under that for a couple of years," said they would reinstate the nondiscrimination policy as applied Minuskin. But after September 11, 2001, things changed. to sexual orientation. The effort failed. But the students' legal "The DOD identified twenty-two law schools that were also memorandum informed much of the complaint in Rumsfeld engaging in some form of minimal compliance, including v. FAIR filed in 2003 in the federal district court of New Jer­ Harvard, Columbia, and USC [the University of Southern sey. "I learned later, in the context of the Supreme Court case, California], and said, '''What you're doing doesn't cut it,'" that the first piece of research by Shara Frase was to read that according to Minuskin. In 2002, the Air Force sent a letter memo," said Roth. Frase was co-counsel for FAIR.

24 Be LAW MAGAZINE SPR ING I SUMMER 2006 FAIR itself, the plaintiff in the lawsuit, was the brainchild of BC Law Professor ANTI-MILITARY or ANTI-DISCRIMINATION? Greenfield. As students and faculty from law schools around the country began laintiffs in Rumsfeld v. FA IR and their supporters took pains to investigating the possibility of challenging Pemphasize that the lawsuit was not an anti-military case, or a ref­ the Solomon Amendment in court, it erendum on war, but an effort to promote equality. The issue came became clear that the Association of up quite dramatically at a Veterans Day academic conference on the American Law Schools was not going to then-pending Solomon Amendment challenge, convened at BC Law come forward as a plaintiff. No individual in November 2005 by the student-run Coalition for Equality. More universities would come forward as plain­ than twenty legal scholars from across the country participated in tiffs, either. "The US had just invaded the conference. One participant was Joseph Zengerle, an adjunct professor at Iraq," observed Greenfield. " It was not a George Mason University and a Vietnam veteran. During one of the good time to be suing [Secretary of sessions, Zengerle, as a panelist, asked the military veterans in the Defense] Donald Rumsfeld." audience to identify themselves. Five to ten hands went up, at which Faced with the prospect of no plaintiff, point Zengerle thanked them for their service. The gesture was his and hence no litiga tion, an idea came to way of protesting attacks on Solomon, which he saw as an attack on the military. him. "While on a phone call, I mentioned to In response, from his seat in the audience, an angry but controlled David Mills '67, justice of Josh [Rosenkranz], why don't we just create the Massachusetts Appeals Court, asked for a show of hands of those who were either kicked our own association," Greenfield recalls. out of the military or denied the chance to serve based on their sexual orientation. Roughly an Rosenkranz dubbed it FAIR, the Forum for equal number of hands went up. Academic and Individual Rights, and law After the Supreme Court issued its ruling against the law schools, BC Law Professor and FAIR schools, fac ulty, and student groups could President Kent Greenfield, said: "We lost a skirmish in a larger civil rights battle and the rights join without publicly disclosing their mem­ of all people to serve their country regardless of their sexual orientation. I have no doubt that bership in the organization. FAIR sa tisfied the larger civil rights battle will be won, probably sooner rather than later." -JZ the jurisprudential need for an institutional plaintiff and gave political protection to schools and entities The justices were not gentle with Rosenkranz and FAIR that feared retaliation by the government and media. BC Law that morning, and Kent Greenfield said he left the Court has never officially disclosed whether, as an institution, it feel ing disappointed. With good reason: The justices sound­ joined FAIR. But groups within the law school, including ly rejected FAIR's position in the end. Which gets back to the some students and faculty members, signed on. question: Was it worth it? Among them was the student group, Coalition for Equali­ Consider the words of Smolik, a student who was ty. The pile of declarations filed in the trial court included crushed when her law school abandoned its nondiscrimina­ articulate and moving statements from professors Greenfield, tion policy in the face of Solomon Amendment pressure. Minuskin, and Rogers, as well as students Gerald May '04 "'Today was the day I finall y forgave the Law School for dis­ and Sara Smoli k '04. Jared Wood '06 and Smolik, as plaintiff criminating against me,'" Greenfield recalled Smolik telling liaisons for CFE, regularly participated in conference calls him on the marble steps of the Supreme Court building fol­ while their lawyer, Rosenkranz, as his team strategized and lowing FAIR's grueling morning before the justices. '''You shaped the litigation. The approach they took was to chal­ did all that you could to stand up for me.'" Smolik and oth­ lenge the military on First Amendment grounds. ers who can relate to her words surely would have preferred For Smolik, one of the challenges was explaining to CFE to win. But on some level, it was enough that some of their why the lawsuit was based on the First Amendment, rather professors rose up to support their rights, suffering public than equal protection. "How do you get from the govern­ scorn in the process. ment's discrimination to the Law School's academic freedom Why did this become such an important case for so many and First Amendment rights? It's an odd, convoluted thing," members of the BC Law community? There are many levels she said. But that's a standard legal technique, Smolik says: on which to answer the question. Certainly, the doctrinal getting the courts to look at issues in a rubric with which questions cut to the core of what an academic institution is they're comfortable. Equal protection wasn't going to fly; for. "Virtually all high-quality institutions receive govern­ unlike race, the US Constitution does not recognize sexual ori­ ment money," sa id BC Law Dean John Garvey. "If giving entation as a suspect class. The plaintiffs felt they had a better financial aid to an institution means the government can say chance of prevailing under the First Amendment, so they what can be proclaimed or promoted in an institution, that's argued that by penalizing law schools that refused to allow going to have the effect of homogenizing higher education employers who discriminate onto campus, the Solomon across the country." Amendment infringed on the schools' right to speak, the right Greenfield, who took his seven-and-a-half-year-old son to be free fro m compelled speech, and freedom of association to the Supreme Court arguments, articulated a personal FAIR lost in the trial court, but on appeal the Third Circuit reason. "Gay ri ghts is the most pressing civil rights issue of ruled that the Solomon Amendment was unconstitutional and our day. When my son asks me fifty years from now what that the government could not compel the plaintiffs to allow mil­ did you do in that civil rights movement, I want to have a itary recruiters on their campuses. The government appealed, the good answer." Supreme Court granted cert. and, with a contingent of BC Law students, professors, and alumni present in the courtroom, heard Jeri Zeder is a freelance writer living in Lexington and the government's appeal on December 5, 2005. a regular contributor to this magazine.

SPR ING I SU MM ER 2006 I Be LAW MAGAZINE 25 [ FACULTY ]

NEWS & RESEARCH

SCHOLAR'S FORUM The Ethics of Prosecutors

by R . M ichael Cassi d y

rosecutors are leaders in our criminal justice system who wield a great deal of power to affect the day-to-day lives of our nation's citizens. Yet members of the public often find it surprising that most discretionary decisions made by government attorneys in criminal cases-including when to initiate an investigation into a potential target,

what criminal charges to bring, and when to offer or promoting public safety. This admonition does not leniency in exchange for a plea bargain-are almost provide prosecutors with any real guidance on how to completely unregulated as a matter of professional act in particularly complex areas. ethics. With the exception of a few isolated mandates Aristotle emphasized the sort of person we must in the text of ABA Model Rule 3.8 ("Special Responsi­ become if we want to live a good life. Virtue is acquired bilities of a Prosecutor" ), the legal profession has left much through practice. Repetition of virtuous actions will lead of a prosecutor's day-to-day decisionmaking uncon­ to virtuous character (habit), which will in turn lead to strained, in favor of a catch-all admonition to "seek justice." more virtuous action. Values and principles alone can­ What does it mean to "seek justice" if you are a public not determine proper outcomes, because moral judg­ prosecutor? "Justice" is an example of a highly general­ ment is not just about arriving at appropriate answers­ ized axiom of behavior; it does not set forth permissible liking solving math equations. For a virtue ethicist, and impermissible conduct, and it does not set out crite­ moral judgment is also about nurturing the appropriate ria for how prosecutors are supposed to determine what attitudes and reactions to the situations in which indi­ is just. "Justice" might mean several overlapping but dif­ viduals find themselves. It is thus critical to approach ferent things simultaneously; for example, it might mean problems of professional ethics from a perspective that safeguarding the substantive and procedural rights of recognizes the importance of character. the accused, exhibiting general "fairness" to others After many years working in the trenches as a prosecu­ (including not only the defendant but also the victim and tor, and several years since studying and writing about other witnesses), showing consistency in decisionmaking, (continued on page 51)

26 Be LAW MAGA Z INE I S PRI NG/SUMMER 2006 [FAC U LTY]

PROFILE A Trader in Justice

GARCIA APPLIES MORALS TO STUDY OF INTERNATIONAL LAW

rowing up in San Francisco, the son lighting the impact of legal structures and Gof Spanish-speaking immigrants principles on the daily lives of poor people from Colombia, Frank Garcia's in struggling economies. first exposure to the glamour of interna­ Garcia works with the Nicaragua-based tional trade was in the office where his Center for Development in Central America father worked for an international freight (CDCA) to advise workers' co-ops on forwarding company. "All these products developing new products and services and going everywhere seemed so interesting to study the impact of the 2005 Central and romantic," Garcia, professor of inter­ American Free Trade Agreement (CAFfA) national trade and comparative law, said in on small businesses. a recent interview. Among Garcia's CDCA clients is a But Garcia's earliest career ambitions workers' co-op run by forty women, a gar­ took him in a different direction. He stud­ ment assembly factory in one of the poor­ ied medieval philosophy and theology at est slums of Managua. In 2005, the Port of Reed College in Portland, Oregon, and was Atlanta detained a container load of their considering training for the priesthood products, and the shoestring operation when he literally bumped into the woman was in danger of losing a major US client. who was to become his wife while rowing "Getting that container through customs in the school's co-ed boat. represented the survival of the co-op," said Even before that meeting, said Garcia, Garcia, whose negotiations with the he had become disillusioned with the pure­ ly theoretical nature of his religious studies. GARCIA WITNESSED THE HI IMAN devastation caused by a The law, he thought, would offer both intellectual stimulation and practical World Trade Organization decision removing tariff protection engagement in the commercial world, so he obtained a JD from the University of from small-scale banana producers competing with multi­ Michigan Law School. But the demands of life as a corporate lawyer thwarted the national companies, and he founded a program to help. scholarly side of his temperament. "Not being able to choose what I wanted to think about, and think about it for as long vival of small economies in the global trading Nicaraguan consulate and the customs as I wanted," was deeply frustrating, said system. On a consultancy trip to Barbados authorities, with research support from Garcia, forty-four. in 2002, he witnessed the human devasta­ law and justice students, helped salvage He found a better balance between tion caused by a World Trade Organization the shipment. action and reflection in a teaching post at (WTO) decision removing tariff prefer­ In September 2005, Garcia and his wife, Florida State University College of Law. As ences from small-scale banana producers Kim, a poet and adjunct professor at a professor and consultant to governmen­ competing with multinational companies Boston College, were invited to act as advi­ tal, international, and non-governmental in the European export market. A result of sors to a conference on trade, growth, and organizations, and particularly as a Ful­ that visit was his founding of the Law and poverty reduction in Latin America orga­ bright Fellow at the University of the Justice in the Americas Program as a vehi­ nized by the US Conference of Catholic Republic, in Montevideo, Uruguay, he cle for students to work with him on his Bishops. Though Catholic, Garcia had nev­ began to develop the ideas about the inter­ periodic consultancy projects in Latin er considered collaborating with the relationships among international trade, America and the Caribbean. church, but now he is keen to develop political philosophy, and justice that Many of his students, said Garcia, are more cooperative projects promoting eco­ informed his book, Trade, Inequality, and "very energized by questions of social jus­ nomic justice in the global economy. Justice: Toward a Liberal Theory of Just tice. " He channels that energy by linking In addition to teaching, writing, and Trade (Transnational Publishers, 2003). the theoretical side of international trade consulting, Garcia puts his energy into his One of Garcia's key concerns is the sur- law with the study of individual cases high- (continued on page 53)

SPR ING I SUM MER 2006 I Be LAW MAGAZINE 27

FACULTY FEATURED FACULTY

BENCHMARKS What It Takes to Publish

by Academic Dean Lawrence A. Cunningham

he nearby academic vitae feature shows a productive T faculty, exploring important issues in research that vitalizes university life. Listed as recent publications MARY BILDER are nineteen law review articles, eleven monographs, six book Professor chapters, and nine shorter items. When combined with an­ other dozen forthcoming works, this makes the current aca­ demic year among the most productive at Boston College Law School in at least a decade. Producing legal scholarship is a grueling, solitary under­ taking, whether writing single chapters in an edited book, entire books, articles solicited for a law school symposium, or unsolicited law review articles. Completing an average­ length law review article-around fifty pages-usually requires about 400 hours of research and writing. With teaching, service, and other writing duties commanding substantial portions of one's professional schedule, this means that, for most law professors, a reasonable aspiration is to publish one law review article per year throughout one's career. Nearly as grueling is the submission and placement process, especially for unsolicited PHYLLIS GOLDFARD law review articles. This involves an intensely competitive battle in the marketplace of Professor legal ideas. In law, scholars generally seek publication offers by submitting their articles simultaneously to as many as sixty law reviews. Offers come slowly, with numerous (painful!) rejections received in the first weeks after submission. Then an offer arrives and, by convention, allows the author time to see if another journal of broader circulation and visibility might be moved to publish the piece. And on it goes, usually over several weeks, before one finally accepts the best offer received. Each school's general interest journal can publish only some ten to twenty articles per year, yet they receive thousands of articles competing for those pages. A professor's work thus vies for one of the precious few spaces available in the highest visibility law reviews. The resulting process invariably is agonizing for scholars. But tenacity in the placement process pays off in gaining the widest possible audience for one's work-and recognition for one's school. While legal scholars submit to law reviews throughout the calendar year, the academic GREGORY KALSCHEUR, SJ calendar produces two primary submission seasons: (1) early fall, when students return from summer jobs and faculty have had the summer to work steadily on a piece and (2) Assistant Professor early spring, when current editors complete their year's work and a new editorial board assumes the helm to slate the following year's volume. In the academic year now ending, Boston College Law School prospered in both sea­ sons. In spring, we placed articles in Yale Law Journal, Minnesota Law Review (two sep­ arate articles), Iowa Law Review, Notre Dame Law Review, NYU Tax Law Review and Washington University Law Review. In fall, we placed articles in Ohio State Law Journal, Cornell International Law Review, Georgetown Journal of Legal Ethics, Journal of Law & Religion, and Notre Dame Law Review. A dozen top-journal placements per year in the law review submission process is a good showing for a faculty of our size and adds considerable luster to the contributions that we make through books, book chapters, solicited symposium articles, and other means.

ALFRED YEN Professor

FALL I W I NTER 2005 I Be LAW MAGAZINE 29 [FACULTY] Academic Vitae

Compiled and Edited by Deborah J. Wakefield

ALEXIS J. ANDERSON Hastings Center Report 36, no. 2 Haven, CT, in Mar. "The Corpo­ Blues)." Journal of Legal Educa­ (March/April 2006): 8. rate Origins of Judicial Review," Associate Clinical Professor tion 55, no. 3 (September 2005): BC Law, in Mar. 381-385. Presentations: With Paul R. Trem­ Works in Progress: "La theorie de blay and Lynn Barenberg, l'intention originelle, la sincerite Activities: Invited speaker, "Con­ Activities: Member of a task force "Lawyers' Ethics in Interdiscipli­ dans la redaction des opinions des stitution and Public Policy in that reviewed training policies and nary Collaboratives: Some j uges et les references a des sources American History" conference, practices at the Massachusetts Answers to Some Persistent Ques­ juridiques etrangeres dans Ie Boston University Institute for State Police Academy. tions," UCLA School of Law Sixth processus d'interpretation de la American Political History, in Mar. International Clinical Conference, constitution aux Etats-Unis." In MARY ANN CHIRBA-MARTIN Lake Arrowhead, CA, in Oct. L'architecture du Droit: Melanges Other: Her book, The Transat­ Associate Professor of Legal en l'honneur de Michel Troper lantic Constitution: Colonial Reasoning, Research, and Writing FILIPPA MARULLO ANZALONE (June 2006). Legal Culture and the Empire, was awarded the 2005 Littleton-Gris­ Other: Certified as arbitrator and Professor and Associate Dean Presentations: "Legal Methodolo­ wold Prize in American Law and mediator for the Alternative Dis­ for Library and Computing Services gies for Maximizing Freedom of Society by the American Histori­ pute Resolution Service of the Presentations: "Research Strat­ Scientific Research," First World cal Association. American Health Law Associa­ egy," Law Librarians of New Congress for Freedom of Scientific tion. Member of the Boston England Introduction to Legal Research, Rome, Italy, in Feb. ROBERT M. BLOOM Schweitzer Fellows Program Selec­ Research course, BC Law, in Sept. "Ideology, Simple Thinking, and tion Committee and faculty Professor Arrogation of the Moral High adviser for Schweitzer fellows at Activities: Member of the New Ground," 2005 University of Works in Progress: With Mark BC Law. Introduced the Leader­ England Association of Schools Chicago Legal Forum Symposium: Brodin. Criminal Procedure. 5th ship Education in Neurodevelop­ and Colleges site evaluation team "Law and Life: Definitions and ed. New York: Aspen Publishers. mental and Related Disabilities for Vermont Law School, South Decision Making," Chicago, IL, in A chapter on the fourth amend­ Fellowship Program of Boston Royalton, VT, in Mar. Oct. With Justice John Greaney, ment in Education Law Stories. Children's Hospital to BC Law. "Annual Roundup of Develop­ Judged the 2006 Northeast New Appointments: Appointed ments in Massachusetts Constitu­ Other: Interviewed on WGBH's Regional Rounds of the Philip C. chair of the Association of Amer­ tional Law," Massachusetts City Greater Boston regarding President Jessup International Law Moot ican Law Schools Committee on Solicitors and Town Counsel Asso­ Bush's power to use the National Court Competition, BC Law, in Libraries and Technology. ciation, Newport, RI, in Oct. Security Agency for foreign surveil­ Mar. lance without a warrant. HUGHJ. AULT New Appointments: Appointed co­ DANIEL R. COQUILLETTE chair of the 2006 Bill of Rights Din­ MARK S. BRODIN Professor Donald Monan, S.j., ner for the ACLU of Massachusetts. J. Presentations: Keynote lecture on Professor Professor of Law income taxation on foreign direct KAREN S. BECK Recent Publications: With Stephen Recent Publications: '''The Purer investment, International Fiscal N. Subrin et aI., editors. Federal Fountains': Bacon and Legal Edu­ Curator of Rare Books, Associa tion China -Korea -Japan Rules of Civil Procedure: With cation." In Francis Bacon and the Legal Information Liqrarian, and International Tax Seminar, Tokyo, Resources for Study. New York: Refiguring of Early Modern Lecturer in Law Japan, in Mar. Aspen Publishers, 2005. Thought: Essays to Commemo­ Activities: Member of the Ameri­ rate 'The Advancement of Learn­ DANIEL l. BARNETT can Association of Law Libraries GEORGE D. BROWN ing' (1605-2005), edited by Julie Research Committee. Solomon and Catherine Gilmetti Associate Professor of Legal Professor Reasoning, Research, and Writing Martin, 145-172. Hampshire, Other: Curated an exhibit of Recent Publications: "Counterrev­ UK: Ashgate Press, 2005. With Works in Progress: "Triage in the recent acquisitions in the Daniel R. olution?-National Criminal Law Judith McMorrow. "Toward an Legal Writing Course: Putting Coquillette Rare Book Room of After Raich." Ohio State Law Jour­ Ecclesiastical Professional Ethic: Theory into Practice When Cri­ the BC Law Library. na166, no. 5 (2005): 947-1013. Lessons from the Legal Profes­ tiquing Student Assignments." sion." In Church Ethics and Its MARY SARAH BILDER Presentations: "The Gratuities Offense Organizational Context: Learning Activities: Chair of the Bylaw Revision and Campaign Finance Reform," from the Sex Abuse Scandal in the Professor Committee of the Association ofAmer­ 2006 Legal Symposium on Public Catholic Church, edited by J. Bar­ iean Law Schools Section on Legal Works in Progress: "The Corpo­ Corruption, Wayne State University tunek, 157-167. Lanham, MD: Writing, Reasoning, and Research. rate Origins of Judicial Review." Law School, Detroit, MI, in Mar. Rowman and Littlefield Publish­ Yale Law Journal (forthcoming ers, 2005. With Neil Longley CHARLES H. BARON 2006). R. MICHAEL CASSIDY York. Portrait of a Patriot: The Major Political and Legal Papers Professor Associate Professor Presentations: "Repugnancy and of Josiah Quincy Junior. Volume Recent Publications: "Not DEA'd Judicial Review," Legal History Recent Publications: "Why I Teach One. Boston, MA: Colonial Soci­ Yet: Gonzales v. Oregon." The Forum at Yale Law School, New (A Prescription for the Post-Tenure ety of Massachusetts, 2005. Real

30 BC LAW MAGAZ IN E I SPRI NG f SU MMER 200 6 [FACULTY]

Ethics for Real Lawyers . Durham, FRANK J. GARCIA Presentations: "Space and Collec­ First Amendment," University NC: Carolina Academic Press, tions," Joint Program of Sections of Alabama School of Law, Professor and Director 2005. for the Law School Dean and Law Tuscaloosa, AL, in Nov. "Forced of the Law and Justice in the Libraries, Association of American Military Recruiting in Universities: Americas Program LAWRENCE A. CUNNINGHAM Law Schools 2006 Annual Meet­ Compelled Speech and Academic Recent Publications: With Soohyun ing, Washington, DC, in Jan. Freedom," National Communica­ Professor and Associate Dean Jun. "Trade-Based Strategies for "Catholic Judges in Ca pital Cases," tion Association 2005 Convention, for Academic Affairs Combatting Child Labor." In Law Professors' Christian Fellow­ Boston, in Nov. "Why the FAIR Recent Publications: "Pri vate Stan­ Child Labor and Human Rights: ship, Washington, DC, in Jan. Case Matters," Civil Rights Com­ dards in Public Law: Copyright, Making Children Matter, edited by mittee of the Boston chapter of the Lawmaking, and the Case of Burns H. Weston, 591-627. Boul­ New Appointments: Appointed to Anti-Defamation League, in Nov. Accounting." Michigan Law der, CO: Lynne Rienner Publishers, the MassachusettS Judicial Nomi­ "The Pooring of the American Review 104, no. 2 (2005): 2005. "Integrating Trade and nating Commission. Environment and the Failure of 291-344. "Scholarly Profit Mar­ Human Rights in the Americas." In Corporate Law," Conference on gins: Reflections on the Web." International Trade and Human JANE KENT GIONFRIDDO Corporate Governance and Envi­ Indiana Law Journal 81, no. 1 Rights: Foundations and Concep­ ronmental Best Practices, William Associate Professor and Director (2006) 271-283. "Finance Theory tual Issues (World Trade Volume, and Mary School of Law, of Legal Reasoning, Research, and Accounting Fraud." Buffalo Studies in International Econom­ Williamsburg, VA, in Feb. and Writing Law Review 53, no. 3 (2005): ics, volume 5), edited by Christine 789-813. Editor. Heights of Jus­ Breining-Kaufmann, Frederick M. Recent Publications: "The 'Rea­ Activities: Panel member, "To tice: Discourse from the Boston Abbott, and Thomas Cottier, sonable Zone of Right Answers': Speak or Not to Speak: The Nexus College Law School. Durham, 329-356. Ann Arbor, MI: Univer­ Analytical Feedback on Student of Compelled Speech, Compelled NC: Carolina Academic Press, sity of Michigan Press, 2006. "The Writing." Gonzaga Law Review Silence, and the Health of the First 2006. With Lawrence Mitchell Salmon Case: Evolution of Balanc­ 40, no. 3 (2004/2005): 427-456. Amendment," National Communi­ and Jeffrey Haas. Corporate ing Mechanisms for Non-Trade cation Association 2005 Conven­ Finance and Governance: Cases, Values in WTO." In Trade and PHYLLIS GOLDFARB tion, Boston, in Nov. Panel member, Materials, and Problems for an Human Health and Safety, edited "The Rights of Workers' Rights in Professor Advanced Course in Corpora­ by George A. Bermann and Petros an Increasingly Corporate World," tions. 3rd ed. Durham, NC: Car­ C. Mavroidis, 78-96. New York: Recent Publications: "Summers of Shaking the Foundations 2005 olina Academic Press, 2006. Law Cambridge University Press, 2006. Our Discontent." Cardozo Conference, Stanford Law School, and Accounting: Cases and Mate­ "Trade, Justice, and Security." Women's Law Journal 11, no. 3 Stanford, CA, in Nov. Discussion rials. St. Paul, MN: Thomson! In Trade as Guarantor of Peace, (Summer 2005): 569-576. leader, "Alito and the Impact of West, 2005. Liberty, and Security? Critical, Roe," Reproductive Rights Coali­ Historical, and Empirical Perspec­ Presentations: "A Progressive Ped­ tion and the Women's Law Caucus Works in Progress: "Public Stan­ tives, edited by Padidah Ala'i, agogy of Capital Punishment," the discussion at BC Law in Jan. Dis­ dards for Private Law: The Future Colin B. Picker, and Tomer European Law Research Center's cussion participant, "The Role of a of XML Contracts." Washington Broude. Washington, DC: Ameri­ "Teaching from the Left: A Con­ Clerk in the Supreme Court," University Law Review (forth­ can Society of International Law, ference at Harvard Law," in Mar. Supreme Court Seminar, Harvard coming 2006). "The Common 2006. Law School, in Jan. Law as an Iterative Process: A Pre­ New Appointments: Appointed to liminary Inquiry." Notre Dame Presentations: "Globalization and the Intersections Alumni Seminar Other: Delivered presentations on Law Review (forthcoming 2006). Challenges to International Law," Steering Committee. military recruiting at law schools With Tamar Frankel. "The Myste­ Loyola University Chicago School at twelve law schools and colleges rious Ways of Mutual Funds: Mar­ of Law, Chicago, IL, inJan. "WTO KENT GREENFIELD from Oct. through Feb. ket Timing." Boston University Special and Differential Treat­ Professor Annual Review of Banking and ment: Developing a Normative DEAN M. HASHIMOTO Financial Law (forthcoming Critique," Trade, Governance, Recent Publications: With Adam J. Associate Professor 2006). Democracy, and Inequality Con­ Sulkowski. "A Bridle, a Prod, and ference, University of Bremen, a Big Stick: An Evaluation of Class Recent Publications: With Michael Activities: Presented faculty work­ Germany, in Oct. Actions, Shareholder Proposals, H. Cohen et al. "Pediatric Use of shops at the University of Califor­ and the Ultra Vires Doctrine as Complementary Therapies: Ethi­ nia-Davis m Nov. and at Activities: Panel member, "Just Methods for Controlling Corpo­ cal and Policy Choices." Pediatrics Washington University in St. Louis, Trade under Law," American Soci­ rate Behavior." St. John'S Law 116 (October 2005): e568-e575. MO, and the University of Min­ ety of International Law 2006 Review 79 (Fall 2005): 929-954. nesota, Minneapolis-St. Paul, MN, Annual Meeting, Washington, INGRID MICHELSEN HILLINGER in Dec. Co-organized and partici­ DC, in Mar. Works in Progress: The Failure of Professor pated in the "Owning Standards" Corporate Law. Chicago: Univer­ conference, BC Law, in Mar. New Appointments: Appointed to sity of Chicago Press. "Both Sides Recent Publications: "Latest Devel­ the Minority Affairs Committee of (Now): Higher Education Institu­ opments in Article 9." DePaul ANTHONY PAUL FARLEY the Law School Admissions Council. tions Have a Right to Dissent with­ Business and Commercial Law out Losing Federal Money." Journal 2 (2004): 675-690. With Associate Professor JOHN H. GARVEY Trusteeship (Jan.lFeb. 2006): 35. Michael G. Hillinger. "The Story of Recent Publications: "Accumula­ YMPs (Yield Maintenance Premi­ Dean tion." Michigan Journal of Race Presentations: "New Principles of ums) in Bankruptcy." DePaul Busi­ and Law 11, no. 1 (Fall 2005) Works in Progress: Religion and Corporate Law," Georgia State ness and Commercial Law Journal (Going Back to Class? The the Constitution. 2nd ed. New University College of Law, 3, no. 3 (2005): 449-488. Reemergence of Class in Critical York: Aspen Publishers, (forth­ Atlanta, GA, in Sept. "Military Race Theory: Symposium): 51-73. coming 2006). Recruiting, Law Schools, and the Activities: Panel member, Journal

SPRI NG I SUMME R 2006 I BC LAW MAGAZINE 31 [FACULTY] on Legislation Symposium : "Mid ­ fessor Howe were aired by Mau­ of Law and Religion (forthcoming 1 (Winter 2005) (Symposium: dle Class Crunch: The Diminish­ rice Hope-Thompson '80, news 2006). Immigration Law and Human ing Social Safety Net for the Rights: Legal Line-Drawing Post­ Middle Class," Harvard Law and public affairs director, at Presentations: "Justice and the September 11): 1-12. "The Long, School, in Mar. KTSU radio, Houston, TX, in Jesuit Law School," Sixth Confer­ Complex, and Futile Deportation Nov. ence of Religiously Affiliated Law Saga of Carlos Marcello." In Other: Recorded lectures on Arti­ Schools, Baylor Law School, Waco, Immigration Stories, edited by cle 9 for ThomsonlWest. RENEE M. JONES TX, in Mar. Respondent to the Pro­ David A. Martin and Peter H. fessor John Witte Jr. lecture, "Facts Sc huck, 113-146. New York: Assistant Professor RUTH-ARLENE W. HOWE and Fictions of the Separation of Foundation Press, 2005. Works in Progress: "Law, Norms, Church and State in American Professor and the Breakdown of the Board: Constitutional History," Bradley Works in Progress: With Rachel Recent Publications: Contributing A Ca ll for Accountability in Cor­ Lecture Series, Boston College Rosenblum, drafted a training author. "Children in Adoptive porate Governance." Iowa Law Institute for the Study of Politics manual for lawyers representing Families: Overview and Update." Review (forthcoming 2006). and Religion, in Nov. deportees in connection with the Journal of the American Academy "Does Federalism Matter: Recon­ Ruby Slippers Project of the Cen­ of Child and Adolescent Psychia­ ciling Federalism's Role in Corpo­ Activities: Organized the 2006 ter for Human Rights and Inter­ try 44, no. 10 (October 2005): rate and Securities Law Policy." Brown Bag Colloquium Series, nati onal Justice at BC Law. 987- 995. Wake Forest Law Review (forth­ "Jesuit Educational Tradition and coming 2006). the Life of the Law School," at BC Presentations: "Good-bye Ros­ Presentations: "The Challenges of Law. alita," Vermont Law School, South Transracial Adoption," Children's Presentations: "Law, Norms, and Royalton, VT, in Oct. "Social Jus­ Rights Group, National Adoption the Breakdown of the Board," Appointments: Appointed co-chair tice and Immigration Law," Awareness Month, BC Law, in Nov. Edmond J. Safra Center Seminar, of the Church in the Twenty-first William S. Richardson School of Harvard University, in Feb. Century Center's Subcommittee on Law, Honolulu, HI, in Jan. "Depor­ Activities: Attended the invita­ the Catholic Intellectual Tradition. tation as Social Control," Roger tional conference, "Embracing the GREGORY A. KALSCHEUR, S.J. Williams University School of Law, Opportunities for Increasing DANIEL KANSTROOM Bristol, RI, in Mar. Assistant Professor Diversity into the Legal Profes­ Clinical Professor and sion: Collaborating to Expand the Recent Publications: "A Ca lling Activities: Toured the Mexican bor­ Director of the International Pipeline-Let's Get Real," Ameri­ Heeded." Boston College Law der and immigration detention cen­ Human Rights Program can Bar Association Presidential School Magazine 14, no. 1 ters in Texas with the Immigration Advisory Council on Diversity in (Fa lllWinter 2005): 25-27. Recent Publications: "Legal Lines Commission of the American Bar the Legal Profession, Rice Univer­ in Shi fti ng Sand: Immigration Law Association (ABA) in Oct. Con­ sity, Houston, TX, in Nov. Works in Progress: "Christian and Human Rights in the Wake of ducted training on immigration law Scripture and American Scripture: September 11." Boston College for criminal defense lawyers in Other: Taped Interviews with Pro- An Instructive Analogy?" Journal Third World Law Journal 25, no. Lawrence, MA, in Oct. Participated

Comings and Goings

STAFF CHANGES

everal departments at BC '85. He practiced law with Fineman as Assistant Direc­ Davies, formerly the recruit­ SLaw have experienced Peabody and Arnold and tor. Fineman took over for ing coordinator at Weil, Got­ staff changes recently. Bingham, Dana & Gould Kim Gardner, who became shal & Manges, was hired as Assistant Clinical Profes­ before commg to the Law Associate Director of Admis­ Career Services Assistant. sor Carwina Weng leaves School as Publication Special­ sIOns. Fineman previously Jennifer Mason, Travis Boston this summer to join ist in 1995. worked at the Lawyers' Com­ Emick, and Dorothea Rees the law faculty at Indiana Joseph Notari is the new mittee for Civil Rights Under are new staff members in the University. Associate Director for Capi­ Law m Washington, DC. Law Library as is Jeanne Rosalind Kaplan, who for tal Gifts m the Office of Marguerite Dorn, a double Stowe m faculty support. twenty-six years was a pres­ Institutional Advancement. eagle who graduated from the Charles Riordan, a graduate ence at BC Law in a number He joined the University Law School in 1985, occupies of Harvard University and of capacities, most recently as Advancement Leadership a new part-time seat as Inter­ former editor at Houghton the Manager of Law Review Gifts team at Boston College national Law Counselor. She Mifflin, was hired as Editorial Publications, retired from in 2002 after four years as a has worked at the Kennedy Assistant to J. Donald Monan that post this winter. Succeed­ major gifts officer at the Uni­ Center for Human Rights and Professor of Law Daniel R. ing her is former Managing versity of Scranton. directed the International Coquillette. BC graduate Rita Editor of the Boston College Career Services has some Human Rights Projects at Vatcher joined the Dean's Law Review John Gordon new faces, including Cara Suffolk Law School. Kassia Office staff.

32 Be LAW MAGAZINE I SPRI NG I SUM M ER 2006 [F ACUL TY]

Scholarly Success Stories

ENCOURAGING STUDENTS TO PUBLISH GETS RESULTS

tudents in Professor "Students learn what it is to be John Terpin '06 in Journal of read," she says. "I think the SAnthony Farley's classes serious about their legal Transportation Law, Logistics process inspired me to keep have shown they don't knowledge as they confront & Policy; Steven Morrison writing, and it gave me the need their BC Law diplomas the writing and research neces­ '07 in Northwestern Journal confidence and experience to in hand to publish in law jour­ sary to provoke or stimulate a of Law & Social Policy; J. know I can do it on my own nals. Since 2004, eleven of serious public reaction to their Corey Harris '08 in N orth after law school." Farley's students have pub­ legal arguments," Farley says. Carolina Central University Lawrence Cunningham, lished or have articles pending Farley'S published students Law Journal; and Whitney associate dean for academic publication as the result of include Geiza Vargas-Vargas Rivera '06 in the Touro Law affairs, calls the students' suc­ papers written for his Consti­ '04 in Western New England Center's Journal of Race, cesses "quite extraordinary." tutional Law II, Criminal Pro­ Law Review; Tan Pham '04 in Gender, and Ethnicity. The number of publications is cedure, First Amendment, The Howard Scroll: The Kristina Brittenham '05 especially impressive in light of Critical Race Theory, and Social Justice Law Review; published "In Pursuit of the the fact that many joumals will Modern Legal Theory classes. Cecilia Zhang-Stiber '05 in Gold Star" in Unbound: Har­ not accept articles from students Farley lets his students Gonzaga Law Review; Julie vard Journal of the Legal Left. at other schools, he explains. know that any papers written Margetta '06 in Loyola Jour­ She wrote the paper for Far­ Farley is happy for his indi­ for his class should be of pub­ nal of Public Interest Law and ley's Modern Legal Theory vidual student authors, but says lishable quality, and once writ­ The Encyclopedia of Ameri­ class. He encouraged her to that just as important is the ten, students follow the stan­ can Civil Liberties; Meagan do a one-credit independent effect of their achievements on dard academic publishing rou­ Garland '06 in Albany Law study to revise and rework the all his students. "The students tines for professors. Farley School's Environmental Out­ paper for publication. have emulated each others' suc­ motivates his students to take look Journal and NYU "He kept insisting that cesses and that has contributed an idea and to explore its Review of Law & Social what I had to say was impor­ to a cheerful but serious acade­ social and legal dimensions Change; Mark Toews '06 in tant and that I should put it rillc atmosphere," he observes. with publication in mind. Florida Coastal Law Review; out there for other people to -Kathryn Beaumont '08

in the official launch of Boston Col­ Year," at BC Law alumni recep­ ti ons: The Religious Voice and Presentations: "Decentrali zing lege's new Center for Human Rights tions in Sa nta Monica and Sa n Employee Participation in the Industrial Relations: The Ameri­ and International Justice in Nov. Francisco, CA, and New York, United States and Germany." In can Situati on," Eighth, Japanese Participated in draftin g the ABA NY, in Dec. Arbeitnehmermitwirkung in einer Institute for Labor Policy and Report on Immigration Law, sich globalisierenden Arbeitswelt­ Training Comparative Labor Law adopted by the ABA House of Del­ Activities: Attended a meeting of Employee Involvement in a Global­ Seminar, Japanese M inistry of egates in Jan. Partnered with Human the Internati onal Society of Fam­ ising World: Liber Amicorum for Hea lth, Labor, and Welfare, Rights Watch on a study of the US ily Law Executive Council , Mod­ Manfred Weiss. (Armin Holand, Tokyo, Japan, in Fe b. "Restate­ deportation system inJan. Panel par­ ena, Italy, in M ar. Christine H ohmann-Dennhardt, ment: Technique and Tradition in ticipant, Symposium: "Sharpening Achim Seifert, Marlene Schmidt, the US," Restatement of European the Cuning Edge of International Other: Named to the 2006 edition eds., Kluwer, (2005) . With Julius G. Employment Law Study Group, Human Rights Law: Unresolved of Who's Who in America. Getman. "Labor's M ovement." Los Hagen, Germany, in Dec. "Who Is Issues of War Crimes Tribunals," BC Angeles Times, December 11, 2005. an Employee and Why Does It Law, in Mar. Conducted training in THOMAS C. KOHLER Matter," H arvard University connection with the Ruby Slippers Works in Progress: "M aking Life Trade Union Program, in Jan. Professor Project at Boston's Holland & M ore Human: Work and the Knight LLP in Feb. Recent Publications: "The Noti on Social Question. " In Recovering Activities: Participant and speaker, of Solidarity and the Secret His­ Self-Evident Truths: Catholic Per­ Symposium: "Employee Involve­ SANFORD N. KATZ tory of American Labor Law." spectives on American Law, edited ment in a Globalising World" in Buffalo Law Review 53, no. 3 by Michael Scaperl anda and honor of Professor Manfred Darald and Juliet Libby (2005): 883-924. With Julius G. Theresa Collett. Decentralizing Weiss, Uni versity of Frankfurt, Professor of Law Getman. "The Story of N LRB v. Industrial Relations: The Ameri­ Germany, in Nov. Works in Progress: Uncoupling: A Mackay Radio and Telegraph Co.: can Situation and Its Significance Study of Divorce in Contemporary The High Cost of Solidarity." In in Comparative Perspective. The New Appointments: Appointed to America. Labor Law Stories, edited by Hague: Klu wer Law International, the Foreign Advisory Board of the Laura ]. Cooper and Catherine L. (forthcoming 2006). "Restating Restatement of European Employ­ Presentations: "New Faculty, New Fisk, 13- 53. New York: Founda­ the Law: Technique and Tradition ment Law Study Group. Students, and the New Academic tion Press, 2005. "Lost Founda- in the United States." (continued on page 53)

SPRI NG f SUM MER 2006 I BC LAW M AGAZ INE 33 [ ESQUIRE ]

ALUMNI NEWS & CLASS NOTES

Griffin Goes to Washington

CHAMPIONS WORKING RIGHTS OF DISABLED

or someone who declared she would Fnever work in an office and planned to be a ship's engineer, the headquarters of a federal bureaucracy is an unexpected setting. But the swearing-in of Christine M. Griffin '93 on January 3, 2006, as a Com­ missioner of the Equal Employment Opportunity Commission (EEOC), the agency that regulates national laws relating to discrimination in the workplace, marked the latest landmark in a career that has been anything but predictable. Born in Dorchester, Massachusetts, Griffin, fifty-one, was in her junior year at the Massachusetts Maritime Academy, training to become a marine engineer, when a car accident left her partially para­ lyzed and wheelchair-bound. She finished her studies and graduated in 1983 to a standing ovation from her classmates. Griffin put her engineering skills to use At the EEOC, Christ ine Griffin seizes the opportunity to influence national policy. not on the high seas but in the laboratory of the US Food and Drug Administration on a new path. Griffin became absorbed in M. Kennedy (Massachusetts) and Harry (FDA) in Winchester, Massachusetts, test­ the evolving area of disability legislation Reid (Nevada), she won the Presidential ing medical devices from heart-lung and for the first time met people from the nomination in July 2005, and unanimous machines to blood pressure cuffs. Later, as disability advocacy community. Senate confirmation in November. a field investigator, she often found herself As staff attorney for, and later executive The opportunity to influence national entering the premises of medical equipment director of the Boston Disability Law Cen­ policy on the employment issues she cares manufacturers via loading dock ramps, in ter, Griffin proved a distinguished leader in about so deeply was one that Griffin ulti­ the absence of proper disabled access. that community, a tireless advocate for the mately "couldn't pass up." Her immediate "Gee, that's not fair," she remembers rights of disabled people to adequate hous­ focus will be close to home: Since taking thinking, but at that time she had "no idea ing, transportation, and, above all, employ­ office she has seen data suggesting that the that laws existed to protect people with ment. "Unless you have a job," said Griffin, number of people with disabilities disabilities," she said in a recent interview. "you can't get any of the other things Amer­ employed by federal agencies has been Griffin's interest in the law was sparked icans have. If you live on benefits, you are decreasing over the last five years. Griffin by her involvement in the FDA prosecution oppressed and poor for the rest of your life." hopes the commission will agree to form a of a Massachusetts medical device manu­ A brief stint at the EEOC as a senior staff task force to investigate this apparent trend facturer, and she entered BC Law School in attorney in the mid-1990s showed Griffin and identify remedies. 1990 with the idea of becoming a legal first-hand the agency's impact on employ­ Griffin is optimistic about prospects for advisor for the FDA or a medical ment prospects of people who face discrimi­ collaboration with her colleagues on the equipment company. nation on any grounds, from age to disabili­ commission. But with an estimated 70 per­ Her arrival at law school coincided with ty. After being approached twice within the cent of disabled people unemployed, Grif­ the passage of the 1990 Americans with last two years to fill a Democratic vacancy fin conceded: "We have lots of work to do Disabilities Act (ADA). Boston lobbyist on the five-member bipartisan commission, to change society's fears, myths, and stereo­ Tom O'Neill hired her as a summer intern and refusing for family reasons, Griffin con­ types of people with disabilities and their to study the ADA and report on its poten­ sented to have her name put forward. With ability to work." tial ramifications, and in doing so, set her support from Democratic senators Edward -Jane Whitehead

34 Be LAW MAGAZI NE I SPRI NG I SU MM ER 2006 [ESQ U IRE] LRAP Reaches Record Level

ALUMNI, SCHOOL GET BEHIND PUBLIC SERVICE INITIATIVES

oston College Law School's commit­ and public interest activities, the result of a Day this spring. It featured a panel of pro­ Bment to loan repayment assistance committee's recent findings about how to fessionals from the public interest sector, for graduates pursuing public interest improve such opportunities. followed by a fair at which a dozen orga­ careers will reach a record level this year. For the first time, incoming 1Ls received nizations presented volunteer opportuni­ In December, the scholarship committee a letter in their orientation packet from ties. Efforts to encourage more public awarded more than $180,000 in loan American Bar Association President Mike interest employers to recruit on campus repayment assistance to new and recent Greco '72 stressing the value of public are also underway. alumni who are currently practicing public interest work as part of a legal education Ideally, says Norah Wylie, associate interest law. A total of fifty-three alums and career. Signaling the level of student dean for students and a member of the pro received awards, ranging from $1,000 interest in the subject, demand to attend a bono committee, the group will continue to to $6,000. first weekend retreat, titled "Using Law as look for novel ways to support public The Law School's Loan Repayment a Tool for Social Change," was so great interest work. "There's a lot to do, but Assistance Program (LRAP) has seen sig­ only half the students were able to get in . we've made great progress," she says. "We nificant increases over the past few years. The Law School held its first Pro Bono want to plant seeds for the future." Last year, the total awarded was $170,230 to forty-nine recipients; in 2000, it was $91,250 to twenty-one recipients. The increase in the LRAP program can Just Another Day in Federal Court be attributed to the generosity of alumni who have given to the Law School Fund this year. The Fund is up significantly over JUDGE HUVELLE HEARS ABRAMOFF, OTHER MAJOR CASES last year, with the most apparent difference credited to reunion giving. The types of public interest law repre­ residing over high-profile cases that months in prison was standard, but that sented run the spectrum, from the Youth Pshape the affairs of the nation is Rudy's cooperation with federal investiga­ Advocacy Project to the Massachusetts nothing new for United States Dis­ tors might trim his sentence. Departtnent of Revenue. Fourteen recipi­ trict Judge Ellen Segal Huvelle '75. Since her appointment to the US District ents work for legal service organizations, Recently, she has kept busy presiding Court for the District of Columbia in Octo­ twenty-three for district attorney offices, over the much-publicized trial of Jack ber 1999, Huvelle's docket has brimmed and the remainder as public defenders. Abramoff, a former Washington lobbyist with notable cases. In 2001, she upheld Qualifying incomes of recipients with no who pled guilty to felony counts of tax eva­ federal regulations that restricted the sale dependents range from $30,000 to sion, bribery, and fraud, the lowlight of of consumers' private information from $56,000. The lowest debt for anyone in the which was a public relations scheme that financial institutions to third parties. Later program is $25,500; the highest is about defrauded casino-operating Indian tribes that year, she agreed to hear evidence on $160,000. Participants are eligible to out of $82 million. Abramoff's plea agree­ the controversy surrounding the death of remain in the LRAP program until their ment requires that he provide evidence Vincent Foster, former deputy White income in public sector employment about kickbacks he offered to legislators, a House counsel under President Clinton. exceeds $58,000. Numerous reCipients deal that could carry significant legal and Huvelle shows no signs of backing have been in the program for five years political consequences for the recipients of down from the workload. In February, she or more. those gifts. Huvelle will hand down issued an injunction staying the executions In related news, a named endowment Abramoff's sentence, which is expected to of three Indiana men pending the outcome fund for LRAP was established by Judge include a reduced jail term of nine-and-a­ of a Supreme Court case in Florida address­ Peggy Leen in honor of her husband, Tom half to eleven years and require restitution ing the constitutionality of lethal injections. '66, also a judge, who devoted his life to of $26.7 million to the IRS and the Indian Before her appointment to the federal public service and who passed away last tribes he defrauded. bench, Huvelle was an associate judge of year. "Tom was always grateful for the In late March, Huvelle accepted the the DC Superior Court and a partner at the financial assistance he received," said guilty plea of Tony Rudy, one of firm of Williams & Connolly. Following Leen. "He felt it was important to give Abramoff's conspirators and former her graduation from BC Law, she clerked something back." deputy chief of staff for Representative for Chief Justice Edward F. Hennessey of Also new are several campus initiatives Tom Delay. Huvelle announced at the hear­ the Massachusetts Supreme Judicial Court. to engage students more fully in pro bono ing that a sentence of twenty-four to thirty -Michael Henry '08

SPRI NG I SUMMER 2006 I Be L AW MAGAZI NE 35 Prideful

36 Be LAW MAGAZINE SPRING I SUMMER 2004 [ESQ U IR E]

Rikleen Throws Down the Gauntlet

BOOK EXPOSES BARRIERS TO WOMEN'S SUCCESS IN LAW

ne of the frequently difficult the path is, and personnel, billing hours, developing busi­ O asked questions how wrong it seems." ness, and compensating lawyers. "Law Lauren Stiller Rik­ And not just wrong, firms need to hold themselves accountable leen '79 hears on her book she emphasizes, but for whether women are staying, leaving, and tour is: "Is there a good unwise from a business advancing," she says. That will require a time to have kids?" She perspective. Half of all complete commitment from firm leadership shrugs off "wait until law school graduates are and a willingness to change culture. you've made partner" and women, and yet, in 2002, But Rikleen also sees a need for similar crumbs of conven­ women were only 16.3 women to take responsibility for their tional wisdom. "Have kids percent of the partners in own destinies. She had an opportunity when you're ready to have major US law firms. Of to drive that message home in March, kids," she tells a gathering the women graduates when she spoke at BC Law to a pre­ of women students at BC Lauren Stiller Rikleen '79 who started working in dominantly female audience of thirty Law. "At the end of the day, firms in the 1990s, only (only two male law students attended, what matters in life is your family." 51 percent are still there. Law firms are and no men from the faculty or staff). This is not Phyllis Schlafly speaking. losing their most important asset, their Her advice: distinguish between fulfill­ You don't have enough fingers and toes workforce of attorneys, and society is ment and success; don't make choices to tally all the committees, task forces, losing the contributions of talented out of fear; know yourself and know and boards Rikleen has founded, led, or women in the influential spheres of what you like; find a firm whose cul­ otherwise served. A partner at the mid­ business and politics. ture is compatible with your values; in sized law firm of Bowditch & Dewey How to address this state of affairs? Rik­ the workplace, support your women (Boston, Framingham, and Worcester) leen says change is needed. "Law firms are colleagues. And hang in there; don't get with a thriving environmental law and working under an antiquated structure from pushed out. "Speak up about the strug­ alternative dispute resolution practice, centuries ago that doesn't work today." The gles," she says. "Be honest with your em­ Rikleen has won numerous awards for traditional methods need to be scrapped and ployer. Use your voice to make changes." professional excellence, community ser­ rebuilt, from assigning work to managing - Jeri Zeder vice, and business leadership. With her husband, Sander Rikleen '76, a partner at Edwards Angell Palmer & Dodge, she has two nearly grown children. And now, she has published her first book: Ending Small Group Generates Big Numbers the Gauntlet: Removing Barriers to Women's Success in the Law (Thomson West: 2006). Students callers raise $8,450 But behind Rikleen's killer resume is a warm and sensible people-person. She comes welve law students, armed only w ith telephones, set out to fundraise for the across not as superwoman, but as a proud TLaw School Fund this year, and in two phonathon sessions raised $8,450 in attorney who has her priorities straight. pledges from al umni. An examination of the institutional The six January ca llers were participants in the spring break immigration trip, impediments that keep women attorneys who approached Ch ri stine Kelly, director of the Law School Fund, requesting the from rising through the ranks of large opportunity to ra ise funds for t heir journey. The six April callers were members of and mid-sized firms- indeed, that have APALSA and the St. Thomas More Society. The students were compensated for their them leaving the profession in droves­ efforts and put that money toward their causes. Ending the Gauntlet grew out of Rik­ "I continue t o be amazed at the success the law students have when calling leen's own loneliness as a woman in the alumni about their annual gifts," says Kelly. "The alumni enjoy talking to the law. "There were a lot of women in the st udent callers and catching up on what's going on at the Law School as much as profession when my kids were young," students benefit from the opportunity to connect with alumni. Plus, it's great to see she says. But over the years, they the students take an active role in raising money for their student organizations, dropped out. "I became more isolated as both through the pledges they secure for the Law School Fund and w ith money a working mother in the profession. they earn per hour." This was a book I just had to write: how

SPR ING I SUM MER 2006 I Be LAW MAGAZI N E 37 [ESQU IR E]

Group photos above, clockwise from top left, are of the recipients of the Law Day Draws Large Crowd 75th Anniversary Awards. Top row, I-r: James Toomey, Margaret Travers, Chris Kehoe, Richard Gelb, John Callahan; DOZENS OF ALUMNI HONORED bottom row: Evelynne Swagerty, John Curtin, Leo Boyle. Top row: Joseph Vrabel, Jack Cinquegrana, Raymond Kenney, Daniel Crane, John Evers, ore than 400 people gathered at Walter Prince, Jorge Hernandez-Toraiio; Boston's Seaport Hotel May 15 to cele­ bottom row: Garland Stillwell, Brigida M Benitez, John Affuso, Kara Suffredini. brate Law Day and honor a host of Top row: Patrick Jones, Thomas Maffei, alumni for special achievements. Charles Reidy, Lauren Stiller Rikleen, Michael Greco '72, president of the American Michael Mone, Joseph Hernandez, Alan Bar Association, was awarded the St. Thomas Greco Goldberg; bottom row: Francis Bellotti, More Award for a life exemplifying More's ideals, Richard Zaragoza, Marianne LeBlanc, and Richard Packenham '78, received the Daniel G. Holland Life­ John Tarantino. time Achievement Award posthumously. His wife and children were there to accept the honor. Photos at left, top to bottom: Jack Cinquegrana, Raymond Kenney, Forty alumni, all of them past or present heads of law and bar and the threesome, I-r, Nadine Gartner, associations, were presented with Seventy-Fifth Anniversary Kara Suffredini, and William Kitsilis. Medals for their contributions to the legal community. Platinum sponsors of the event were Goulston & Storrs, Hemen­ Photos at right, top to bottom: way & Barnes, Kirkpatrick & Lockhart Nicholson Graham LLP, The family of the late Richard Packen­ Mintz Levin Cohn Ferris Glovsky and Popeo, Packenham, Schmidt, ham are wife Susan and daughter and Federico PC, and Verrill & Dana LLP. The sponsorships help to Olivia and sons, I-r, Colin and Luke. Francine Ferris and the Hon. Wilbur fund BC Law's Loan Repayment Assistance Program. Edwards. Owen Todd, Scott Tucker, and Law Day is presented by the BC Law Alumni Association. Law Donna Corcoran. Professor Daniel Day Committee chairs were Ann Palmieri and George Field. Coquillette.

38 Be LAW MAGAZINE I SPRING I SUMMER 2006 OVERSEERS' SCHOLARSHIP DINNER

The first Board of Overseers' Scholarship Dinner was held at the Boston Harbor Hotel on May 12. Scholarship donors and recipients were featured guests. Photos, clockwise from top left: 1) Richard Gillers (I) and David Weinstein. 2) Jack Curtin and Christine Santa riga. 3) Professor Larry Cunningham and Marianne Short. 4) James Champy and Joyce Dalrymple. 5) Professor Gregory Kalscheur. 6) The dining room at the Boston Harbor Hotel.

SPRING I SUMMER 2006 Be LAW MAGAZINE 39 [ESQUIRE]

BOOKSHELF

SYMPTOMS OF WITHDRAWAL al is a hopeful tale, a demonstration that conducting interviews in Europe and visit­ A Memoir of Snapshots and Redemption "no matter how crazy life gets, or you ing the sites of Nazi concentration and (New York: William Morrow, an imprint of become, there is a way back." Of all the death camps. The resulting two-volume HarperCollins Publishers, 2005) responses to the book, Lawford said, he work is a history and analysis of the Holo­ By Christopher Kennedy Lawford '83 has been most gratified by the fact that his caust that sets the mass murder of Euro­ In a nutshell: I was born with the American three sisters loved it, and by the "great cor­ pean Jews in the context of other genocides, dream fulfilled. I blew it all, drowning in a respondence" from people dealing with beginning with that of the Armenians at the sea of alcohol and drugs. My best friend addiction and recovery. start of the twentieth century. and my father died. I was alone and bank­ Hailed by Norman Mailer as the first of rupt in all categories. the Kennedy clan to be a good writer, Law­ A COMPLEX SOLUTION ford is now at work on a novel about a (Bloomington, Indiana, AuthorHouse, 2005) As the oldest child man who has "dysfunctional relationships By Kurt Gerstner '82 of upper-class English with women." Autobiographical? He actor Peter Lawford, and Trial lawyer Kurt Gerstner describes his would not say. He probably feels that he President John F. first novel as "a sort of murder mystery, has shared quite enough for the time being. Kennedy's sister Patricia, coming-of-age story, humorous, romance Christopher Kennedy fraternity novel." A college freshman VOICES OF BROOKLINE Lawford inherited privi­ investigates the death of one of his instruc­ (Portsmouth, New Hampshire, lege, prestige, and pain. tors with the help of an apprentice witch, Peter E. Randall Publisher LLC, 2005) And the greatest of these Mafioso hit men, a lesbian singer, and a By Larry Ruttman ' 58 was pain, as this candid group of pledge brothers. Lawford account of Lawford's Larry Ruttman loves - Jane Whitehead seventeen years of self-medication with words, music, and the drugs and alcohol makes brutally clear. By Boston Red Sox. He the time he was thirteen, two of his uncles also loves his home­ lONDON INAUGURAL EVENT had been assassinated, his parents had town of Brookline, divorced rancorously, and he had discov­ where he has practiced ered LSD. law for forty-eight The fringe benefits of membership in years. Voices of Brook­ the west and east coast elites- watching line is an insider's por­ Marilyn Monroe demonstrate the twist, trait of a town that meeting Willie Mays in the locker room at Ruttman sees as "a microcosm of democra­ Shea Stadium, hanging out with Liz Taylor, cy," an oral history of an entire community sailing in Bob Dylan'S yacht- turned out to comprising more than seventy interviews be poor compensation for "never knowing with town residents ranging from high the ease of having one's own life." school students to public figures like As a first-year student at BC Law, Law­ Michael Dukakis and columnist Ellen ford was charged with possession of hero­ Goodman. In a telephone interview, in. In a recent telephone interview, he Ruttman, seventy-five, acknowledged the explained that he included that story "to continuing encouragement of BC Law illustrate how completely oblivious I was Dean Emeritus Robert F. Drinan, SJ, for the to everything beyond the need to feed the four-year project. Drinan praised the book 800-pound gorilla," as he calls his addic­ for capturing "the voice of the best in tion. "I was lucky to graduate," he said, America as heard, lived, and cherished in and he recognizes that he put the school in an amazing and beautiful village." an embarrassing position, for which he apologized years ago as part of the process WORLD WITHOUT CIVILIZATION of getting sober. "If there's someone I did­ Mass Murder and the Holocaust, History, n't offer an apology to, I'm offering one and Analysis (Lanham, MD., University In a first-of-a-kind event, BC Law's growing in­ now," he said. Press of America, an imprint of Rowman ternational reach was heralded in May at an The final quarter of the book docu­ and Littlefield, 2005) alumni recept ion in London hosted by Clifford By Robert M. Spector '59 Chance LLP. Professor Alan Minuskin, pictured ments Lawford's painful progress towards at top with Orville Thomas '06, organized a a drug-free life and an authentic sense of Now a professor of history and law at roundtable discussion on practicing interna­ self, as an actor, and more recently, as a Worcester State College, retired litigation tionally, which w as followed by a keynote writer. Ultimately, Symptoms of Withdraw- attorney Robert Spector spent six years address by Professor Sanford Katz.

40 Be LAW MAGAZINE I SPR ING I SUMMER 2006 Cha pter News

EDITED BY TRACEY PALMER

Atlantd~ B()~t()ll, ( hiLago~ I Iclrtforo, Ylic:uni, ,. ew Ilamp~hire, !\;evv York ( it), ~orthl'rn (,aliforni~l, Philaoelphia, Rhode Island, ~()uthern ( llifornia~ Wa"hington~ I)C

[ATLANTA] 222 S. Riverside Plaza, Suite 1200 forming a committee to assist with [ NEW HAMPSHIRE] Chicago, IL 60606-6105 the development of a program for Contact: H. Lamar Willis '99 312-669-5928 BC Law students working in Con­ Contact: Patrick Closson '98 Atl ProSports/ Atlanta City Christopher. [email protected] necticut this summer and alumni McLane Graf et at. Council club programming in general. Vol­ 900 Elm St., PO Box 326 943 Peachtree St., Suite 1514 The Chicago Chapter reached out unteers are welcome. Manchester, NH 03101 Atlanta, GA 30309 to admitted applicants and alumni 603-628-1457 404-229-6084 on March 15 at a reception in the [MIAMI] [email protected] [email protected] new Chicago offices of Sidley Contact: Dan Gold '03 Austin LLP, where Scott Gross '87 Still in the planning and formation Greenberg Traurig LLP Still in the planning and formation is a partner. BC Law's Dean for stage, the New Hampshire Chapter 1221 Brickell Ave. stage, the Atlanta Chapter is seek­ Students Norah Wylie '79 and is seeking executive board mem­ Miami, FL 33131 ing executive board members and Executive Director of Alumni Rela­ bers and volunteers. To learn how 305-579-0866 volunteers. To learn how you can tions Linda Glennon attended and you can get involved, please con­ [email protected] get involved, please contact H. facilitated a dialogue about the tact Patrick Closson '98. Lamar Willis (see contact above). Law School experience. The twelve Congratulations to the Miami [ NEW YORK CITY ] admitted applicants who came [BOSTON] Chapter's new officers, who are enjoyed the opportunity to meet President Ileana M. Espinosa '03 of Contact: Peter Armstrong Egan '98 BC Law staff and several dozen Contact: Mark Warner '89 Katz Barron Squitero Faust; Vice Garfunkel, Wild & Travis, PC alumni who shared how the Law Witmer Karp & Warner President of Public Relations Dan 111 Great Neck Rd. School enriched their personal and 28 State St. Gold '03 of Greenberg Traurig; Great Neck, NY 11021 professional lives. Boston, MA 02109 Vice President of Alumni-Student 516-393-2265 617-248-0550 [email protected] [HARTFORD] Relations Richard Lara '93 of [email protected] Mase & Lara; and Vice President Contact: Robert Harrison ill '01 of Alumni Events Scott Rostock The New York City Chapter plans The new Boston Chapter is off to a Edwards Angell Palmer & '99 of ShuttS & Bowen. to host a "Summer Associates Out­ great start. To those who attended Dodge LLP On April 10, Espinosa, along ing," in late July/early August for the June 13 kick-off (and there 90 State House Sq. with Robert Friedman, Jorge Her­ current BC Law students working were many!), the chapter would Hartford, CT 06103 nandez-Toraiio '81, Adolfo E. in summer jobs at city firms. like to say thank you. For local 860-541-7778 Jimenez '90, and Roland Sanchez­ The chapter hopes to launch a alumni and students who missed [email protected] Medina '91, hosted a dinner party website this summer that will pro­ the celebration, there's plenty more in Miami in support of BC Law vide information on meetings, to come. Several get-togethers are The Hartford Chapter hosted a alumnus and Massachusetts events, and alumni who are active already being planned for the sum­ reception on February 1 at the Attorney General Thomas Reilly in the group. The chapter is also mer. Volunteers and any comments Hartford Club located in down­ '70 and his campaign for gover­ working with the Law School's IT and suggestions for future pro­ town Hartford. Dean John Garvey nor of Massachusetts. group to create a way for students grams and events are welcome. provided an update on the current Both Republicans and Democ­ and alumni to easily access New Inaugural officers are Mark Warn­ state of affairs at the Law School. rats attended the event because, York City Chapter members who er '89, president; Doug McLaugh­ He was joined by BC Law adminis­ says Espinosa, "law school ties work in specific practice areas and lin '97, vice president; and Kather­ trators Linda Glennon and are more important than party industries. By clicking on a series of ine Hartigan '04, secretary. Michael Spatola and Professor affiliation. " buttons on the website, a student Ingrid Hillinger. The event was well On March 28, the chapter held interested in health care law, for [CHICAGO] attended, and local alumni are its annual alumni event at the Con­ example, could connect with a chapter representative practicing in Contact: Christopher Zadina '82 excited about future chapter pro­ rad Hotel in Miami's financial dis­ that area. Watch this space for the Deputy Managing Counsel gramming. Chapter Representative trict. Professor Alfred Yen was the completed web address. USPS Law Department Bobby Harrison is in the process of keynote speaker.

SPRI N G I SU MM ER 2 006 I BC LAW MAG AZ IN E 4 1 [ESQUIRE]

FROM ALUMNI DIRECTOR New Boston Chapter Opens LINDA GLENNON BECOMES A RESOURCE FOR ALUMNI, STUDENTS Welcome to "Chapter News." These pages mark the beginning of a o the surprise of many, BC Law School py thing was people started volunteering. We new "chapter" for has never had a Boston Chapter; that is, quickly discovered that there was a significant chapters at the Law T until now. On June 13, the newly formed level of interest." School. chapter officially kicked off with a celebration at Among the members of the planning group In a statement of the Boston College Club. If the success of its first were Trevelyan; Alumni Association President purpose several years ago, the BC event is any indication, the new Boston Chapter Walter Sullivan '88; Brandon Bigelow '01; Law School Alumni Association is a welcome addition for local alumni. Career Services Director Maris Abbene '87; and pledged to facilitate effective In the past, the general consensus was that, Director of Alumni Relations Linda Glennon. communication between the Law because of their proximity, a great many Massa­ There are approximately 4,000 to 5,000 School and its graduates and chusetts alumni were well connected to each oth­ alumni in the Boston area, who "need a among graduates for social, busi­ er and the Law School. But when a few alumni resource to connect to the Law School, faculty, ness, educational, or other pur­ got together six months ago to put out the word and each other," says Trevelyan, national poses. Boston College is a nation­ they wanted to start a chapter, they discovered director of legal recruiting for Bingham al law school, drawing students that people welcomed the structure and opportu­ McCutchen LLP. "I really hope that the chap­ from fifty states and around the nities of a formal chapter. ter will be an effective way for local people to world. With this in mind, the "All these people came to our initial meetings, reconnect. " Alumni Council set out to even more than we had hoped for," says Fiona For more information, contact Mark Warner strengthen existing regional Trevelyan '96. "At first, we weren't sure if any­ '89 at 617-248-0550 or mwarner@wittmerkarp chapters, while adding new ones. one else would want to get involved, but the hap- warner. com. Today, chapters provide regular net-working and professional [NORTHERN CALIFORNIA] & Schmick's restaurant in center Anniversary award in recognition development opportunities for city Philadelphia. About a dozen of his exemplary status as a distin­ alumni and students. Regional Contact: Lawrence S. Ma '01 local alumni and five prospective guished alumnus. Justice William P. chapters are formed through and Greene Radovsky Maloney & students attended. Robinson '75, of the Rhode Island with the assistance of the Office Share LLP The chapter met in May to dis­ Supreme Court, also spoke, of Alumni Relations, but it is the Four Embarcadero Center, cuss hosting a fall event coupled emphasizing Rocha's status as a Alumni Council that approves 40th Fl. with a Father Robert Drinan role model to other alumni. each chapter. Once approved, San Francisco, CA 94111 award, and a prospective student­ chapters may rely on the support, 415-981-1400 interviewing program. [SOUTHERN CALIFORNIA] financial and otherwise, of the [email protected] Contact: Andrew M. Apfelberg '96 Alumni Association. [ RHODE ISLAND] The Northern California Chapter Rutter Hobbs & Davidoff Inc. In addition to the twelve existing hosted an alumni and admitted Contact: William P. Robinson 1901 Avenue of the Stars, 17th Fl. chapters listed in this section, we applicants' reception on April 4 at m'75 Los Angeles, CA 90067-6018 have strong alumni groups spring­ the San Francisco offices of Ropes Rhode Island Supreme Court 310-286-1700 ing up in Portland, Maine; Tampa, & Gray, with special guest speaker 250 Benefit St. [email protected] Florida; Phoenix, Arizona; and Professor Dan Barnen. The chapter Providence, RI 02903 even overseas. On May 3, Clifford welcomes all BC Law alumni in 401-222-3775 The Southern California Chapter Chance LLP in London hosted an Northern California to join the [email protected] continues its new monthly net­ alumni event in coordination with group. working lunches. An April 19 lunch BC Law's London Program. And On February 13, the Rhode Island marked the chapter's first confer­ [PHILADELPHIA] Chapter held a reception at the ence-calliunch, in which all partici­ our newest chapter, in Boston of University Club in Providence in pants joined by phone. The session all places, held a kick-off event Contact: Walter L. McDonough '79 honor of Associate Justice Gilbert featured Dean John Garvey and June 13 (see story this page). Swartz Campbell LLC T. Rocha '57 of the Rhode Island guest speakers the Hons. Ramona 1601 Market St., 34th Fl. If you're interested in joining Family Court. Rocha is a 1954 G. See '85 of the Los Angeles Supe­ Philadelphia, PA 19103 any of the existing chapters graduate of Boston College, where rior Court and Denis P. Cohen '76 215-299-4318 or groups or in forming a chap­ he was an outstanding member of of the Philadelphia Court of Com­ wmcdonough@swartz the football team. After a career in mon Pleas. They discussed effective ter in your area, please email campbell.com me at [email protected]. private practice and service as a trial advocacy. Radcliff & Saiki state senator, Rocha joined the LLP in Torrance, California, hosted I look forward to seeing you at On March 28 the Philadelphia upcoming alumni events, and bench on the Family Court. At the the event. The chapter invited cur­ Chapter hosted a luncheon for chapter gathering, Dean John Gar­ rent BC Law students and all chap­ I welcome your comments. admitted applicants at McCormick vey presented Rocha with a 75th ters in the United States to join the

42 BC LAW MAGAZINE I SPR ING I SUMMER 2006 [ESQUIRE]

Duo Helps Put Chapters on the Map

FALVEY, COHEN PROVIDE LEADERSHIP

don't even practice law, says to amend the Alumni Council bylaws to formally recognize I Brian Falvey '97, but fortunately chapters," says Falvey, but that task he is leaving in the capa­ that wasn't a requirement for ble hands of his successor, Denis Cohen '76. the job of vice president of nation­ What is a chapter? Who decides on funding? Who's going al delegates for the BC Law to manage them? These are questions Cohen, as vice presi­ Alumni Council. dent of national delegates, is ready to address. A judge at the The important thing for Falvey, Philadelphia Court of Common Pleas, Cohen is up to the job, owner of New England Classic although as a law student he never would have imagined him­ Properties in Belmont and COO of self in such a position. OHC Development, a residential "I thought I'd go to law school for three years and forget

Brian Falvey (I) and real estate developer in Peabody, is about it," he says. That's not what happened. Thirty years Denis Cohen that he enjoyed his student years at later, Cohen is still involved with the Law School, with which the Law School and likes remaining he says he's formed a "special bond." connected to it. That, and he loves a good challenge. When Cohen became a judge in 2000, BC Law was fore­ "I'm kind of an entrepreneur by nature, " he says, "so I most in his mind when it came to hiring. "The first thing I did always look for opportunities where I can help something was call the BC Law placement office because I needed a law grow and change." Indeed, under his energetic leadership, the clerk," he says. And in 2001, when his wife died of lung can­ Alumni Council led the charge to renew and expand regional cer and he was left with a newborn son, the Law School was alumni chapters around the country. incredibly supportive. "It's one of those things you never for­ "If we're going to call ourselves a national law school, get," Cohen says of how his BC Law friends and colleagues we'd better have a national structure," Falvey says to explain stood by him. "One of the reasons I've been so involved is why he so strongly supports chapters. He was behind the Linda Glennon [director of alumni relations]," says Cohen. council's first National Chapter Handbook and the establish­ "She's absolutely phenomenal." ment of a formalized chapter structure. In the year ahead, Cohen plans to build on Falvey'S legacy "More infrastructure needs to be put in place, and we need to strengthen BC Law's chapter network.

conference call, and hopes to do so practice. For details, see contact area. All local alumni and stu- summer gatherings, contact on a regular basis. information above. dents are welcome. David Delaney '03 at delaney At the chapter's first I unch this For more information on these [email protected]. past November, a recent grad, who [WASHINGTON, DC ] had yet to secure a job, obtained a Contacts: Gregory Corbett '99 position through someone he sat Kirkland & Ellis LLP next to at the lunch. STUDENT LIAISONS 655 Fifteenth St., NW During "March Madness," the Washington, DC 20005 Connecting students to alumni throughout the country is an important Southern California chapter joined 202-879-5 296 component of BC Law's national network. To help with this endeavor, undergraduate alumni to watch BC [email protected] play Villanova in the NCAA men's student liaisons have been assigned to most chapters and some regional basketball tournament. Thomas E. Gaynor '01 alumni groups so there's a direct link between alumni and students. On April 5, chapter members Morrison & Foerster LLP Additional liaisons will be selected in the fall. Those active now are: attended an admitted applicant 1650 Tysons Blvd., Suite 300 [Boston] Nell Richmond '08, [email protected] reception hosted by the firm of McLean, VA 22102 [Cincinnati] Joseph Russell '08, [email protected] Weston Benshoof Rochefort Rubal­ 703-760-7314 cava MacCuish LLP, and joined a [email protected] [Connecticut] Jessica L. Supernaw '08, [email protected] reception hosted by Carroll School [Miami] Scott Haylon '07, [email protected] of Management alumni. Beginning in late May, the DC [New Hampshire] Sara Cushman '08, [email protected] This summer, the chapter plans chapter began holding monthly [New Jersey] Kathryn Beaumont '08, to host an informal social event to after-work networking events in [email protected] welcome recent graduates to local and around the DC metropolitan [Philadelphia] Greg Dahling '07, [email protected]

S PRI NG I SUMMER 2006 I Be LAW MAGAZ INE 43 Be Law Generations

VICTOR W. DAHAR '58 (RIGHT), DAUGHTER ELEANOR W. DAHAR '87,

AND SON S. WILIAM DAHAR II '92 PRACTICE TOGTHER IN NEW HAMPSHIRE.

44 Be LAW MAGAZINE I SP RI NG I SUMMER 2006 [ESQUIRE] Class Notes

Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news pean practice group. Formerly, Stewart F. Grossman '73 cele­ Susan L. Repetti '80 is a partner and photos. Send submissions he was director of the mergers brated the fortieth anniversary in the trusts and es­ to BC Law Magazine, 885 Centre and cartel divisions of the of Looney & Grossman LLP in tates department at St., Newton, MA 02459-1163, or Irish Competition Authority m Boston, where he is a managing Nutter, McClen­ Dublin, Ireland. partner specializing in business & email to [email protected]. nen Fish LLP in and bankruptcy, corporate Boston. Fredric J. Hopengarten '70, a transactions, and commercial telecommunications lawyer in litigation. Lincoln, Massachusetts, is the Robert J. Lanney '84 was elect­ author of the article, "So You Elliot Berry '75 was honored ed managing partner at Sul­ Robert M. Spector '59 is the Want to Build a Tower Where?" with the New Hampshire Bar loway & Hollis PLLC in Con­ author of World Without Civi­ published in Radio World En­ Foundation's Frank Rowe Keni­ lization: Mass Murder and the cord, New Hampshire, and con­ gineering Extra. His articles son Award for his significant Holocaust, History, and Analy­ centrates his practice in medical and recent activities are fea­ contributions to the betterment malpractice defense and hospital sis, published by University tured on his website at antenna of New Hampshire citizens risk management Press of America in February. zonmg.com. through the administration of jus­ He is a professor of history and tice. He is an attorney with New Barbara A. O'Donnell '84 IS a law at Worcester State College, Lawrence H. Brenner '71 has Hampshire Legal Assistance. partner in the Worcester, Massachusetts. been appointed to the faculty of Boston office of the department of orthopedic Marion K. Littman '76 present­ Robinson & Cole surgery at Yale University. He is ed "An Insider's LLP and practices a former clinical associate pro­ View of the Essen­ in the area of em­ fessor of health policy and tials of the New ployment law. administration at the University Guardianship Law" Alan S. Goldberg '67, a partner of North Carolina-Chapel Hill at a meeting of the Christopher R. Vaccaro '84 is in the Washington, DC, Office of and a senior research fellow Health and Hospi­ the author of a series of articles Goulston & Storrs, PC, was at Duke University. He contin­ tal Law Section of the New Jer­ on US chief justices, published elected to the Virginia Bar Asso­ ues his partnership in the law sey State Bar Association in in Lawyers Journal, a publica­ ciation Health Law Section firm of Brenner and Brenner in March. She is a member of the tion of the Massachusetts Bar Council in January. An adjunct Chapel Hill with his son, Jason health care practice group at Association. faculty member at Suffolk Law Brenner '02. Norris, McLaughlin & Marcus, School in Boston and the Uni­ P.A., in Bridgewater, New Jersey. Pablo A. Alvarez '86 is special versity of Maryland School of Hon. James J. Brown '71 pre­ counsel in the real estate practice Law in Baltimore, Maryland, he sented "Improving Social Secu­ George P. Field '78 was named group at Stroock Stroock is co-author of "HIPAA En­ & & rity Trial Presentations" to the co-chair of the Lavan LLP, in Miami, Florida. forcement," in Ehealth Business North Carolina Academy ofTri­ Boston Bar Associ­ Previously, he was co-founder and Transactional Law, pub­ al Lawyers in Winston-Salem, ation Public Ser­ and partner of Triscape Devel­ lished by the American Bar As­ North Carolina, in March; and vice Committee. opment LLC in Miami. sociation; and "Long-Term Care was invited to Jom the He is managing Acquisition and Financing," Raleigh-Durham Inns of Court partner in the Boston Leon Rodriguez '87 was ap­ in the Long-Term Care Hand­ in Raleigh, North Carolina, in office of Verrill Dana LLP and pointed to serve a book, published by the American April. a member of the firm's trial, three-year term on Health Lawyers Association. intellectual property, and bank­ the Board of Direc­ ruptcy groups. tors of the Primary Stephen L. Johnson '69 is in­ REMEMBERING Care Coalition of cluded in the 2007 edition of MARK WATERMAN Montgomery Coun­ "The Best Lawyers in America." Maurene Waterman, wife of ty, Maryland. He is a partner in He practices at Bond, Schoeneck Mark L. Waterman '74, who 1980s [REUNION] the white collar criminal defense & King PLLC in Syracuse, NY. '81 & '86 died of cancer in 1983, is group at Ober Kaler in Balti­ putting together a memory Peter S. Cowan '80 was accept­ more, Maryland. book for their two children to ed for membership 1970s [REUNION] be filled with stories, memo­ in the Internation­ Carolyn V. Grady '89 is an as­ '71 & '76 ries, and pictures of Mark from al Association of sistant federal public defender in friends and family. If you Defense Counsel. Edward P. Henneberry '70 the Office of the Federal Public would like to contribute, please He is a partner in Defender in Richmond, Vir­ joined the Washington, DC, of­ send submissions to maure the Manchester, ginia. Previously in private prac­ fice of Heller Ehrman LLP, [email protected]. New Hampshire, office of Shee­ tice, she continues to teach ad­ where he is chair of the Euro- han, Phinney, Bass & Green, P.A. vanced trial practice as an ad-

S PRING I SUMMER 2006 I Be LAW MAGAZINE 45 [ESQU I RE]

junct professor at the Universi­ rights defender for people with Shaun B. Spencer '95 is the au­ CITATIONS ,I ty of Richmond School of Law disabilities (see story Page 34). thor of a Massachusetts Lawyers in Richmond, Virginia. Weekly article entitled "Wage Jonathan M. Hugg '94 has been Act Claims: The S]C Giveth and ALUMNI IN THE NEWS Sue Ceraolo Pickles '89 and her named partner in the litigation the S]C Taketh Away." He is in husband, Tim, traveled to department of the Pennsylvania­ private practice in Sharon, Robert 1 Muldoon Jr. '65, recip­ Guangzhou, China, in April to based firm Obermayer, Reb­ Massachusetts, and specializes ient of the Judge Learned Hand adopt their daughter, Angela mann, Maxwell & Hippel LLP. in employment law, business lit­ Award from the American Jew­ Olivia, who was welcomed The former assistant district at­ igation, and appellate practice. ish Committee in March. home by big sister, Meaghan torney concentrates on commer­ Grace, and big brother, Brian cial and appellate litigation and Michelle N. Steinberg Farkas '96 Frederic N. Halstrom 70, Thomas. The family lives in Mel­ white collar criminal defense. is a partner at Gravel & Shea in included in the Best Lawyers bourne, Florida. Burlington, Vermont, where she in America 2006. Peter J. Moser '94 is a partner in practices real estate and land use James S. Bolan 73, recognized the Boston office of development. She was selected as one of the "top 100 lawyers Robinson & Cole for inclusion in the Chambers in Massachusetts" in 2004, and LLP and practices USA Guide to America's Lead­ Colleen M. Murphy '90 is the in the areas of la­ ing Business Lawyers for the named a " Super Lawyer" in executive director and general bor and employ­ past three years. 2004 and 2005 by Law and Pol­ counsel of the Connecticut Free­ ment law and itics and Boston Magazine. dom of Information Commis­ litiga tion. Brian S. Fetterolf '96 is associate Cathy Oliver Murphy 79, sion in Hartford, Connecticut. director of structured products recipient of the 2006 Philip David A. Anderson '95 is a in the Real Estate Capital Mar­ Arnow Award from the US Kelli J. Brooks '92 is a partner partner III the kets Group of LaSalle Bank in in the Cypress, California, office Ports-mouth, New Department of Labor. Chicago, Illinois, where he of KPMG LLP. Previously, she Hamp-shire, office works with Nate Stearns '95, Lauren Stiller Rikleen 79, re­ was a partner at Chapin, Shea, of Pierce Atwood chief operating officer of the ceived the 2005 Leila J. Robin­ McNitt & Carter, based in LLP and focuses group. He and his wife, Jennifer, son Award from the Women's San Diego and Los Angeles, his practice on welcomed a daughter, Hannah Bar Association of Massachu­ Cali fornia. complex commercial litigation. Grace, who joined big brother, setts, and named a "Top 10 He was previously a litigation Hunter, in August. The family & Lawyer" by Boston Women J Pamela A. Harbeson '92 and her associate at Foley, Hoag Eliot lives in Winnetka, Illinois. husband, Lamont Depew, cele­ LLP in Boston. Business in February. brated the first birthday of their Stephanie H. Massey '96 is a Joanne E. Caruso '86, named daughter, Kendra Hope Depew, David A. Feldman '95 is a part­ partner at Edwards, Angell, one of California's "top 75 wo­ in April. She is a partner in the ner at Nixon Peabody LLP in Palmer & Dodge LLP in Boston, men litigators" by the Califor­ bankruptcy practice group at New York, New York, and fo­ where she serves as bond coun­ nia DailyJournal in September. Looney & Grossman LLP in cuses his practice on white col­ sel, underwriter's counsel, and Boston. lar crime defense. He is a mem­ borrower's counsel in connec­ Maria E. Recalde '88, named a ber of the American Bar Associ­ tion with the issuance of tax-ex­ "Super Lawyer" by Lawand Tamsin R. Kaplan '92 is hosting ation (ABA) Litigation Section, empt and taxable revenue bonds Politics and Boston Magazine. the exhibit, "Shades of Gray: A program co-chair of the ABA for governmental entities. Photographic Journey," featur­ Criminal Litigation Committee, ileta A. Sumner '90, recog­ ing the color photography of Er­ and an active participant in the Kris A. Moussette '96 is a partner nized as one of the "top 50 in­ icka B. Gray, BC Law adjunct criminal law group of the Unit­ at Edwards, Angell, Palmer & house attorneys" in the state faculty member, at Tamsin R. ed Jewish Appeals Federation. Dodge LLP in Boston, where she of Texas by Texas Lawyer. Kaplan & Associates, PC, III serves as bond counsel, under­ Belmont, Massachusetts. Edouard C. Lefevre '95 has been writer's counsel, disclosure coun­ Kevin J. O'Leary '91, named to made partner at Foley & Lard­ sel, and borrower's counsel in tax­ the "2005 Legal Elite" list of Christopher D. Ahlers '93 is an ner LLP in Boston. He's in the exempt financings for organiza­ top lawyers in Virginia in the associa te in the firm's business law department. tions and government agencies in field of immigration law by business and cor­ Massachusetts, New Hampshire, Virginia Business Magazine. porate and labor Ingrid C. Schroffner '95, as host Maine, and Vermont. Jeffrey S. Bagnell '92, named a and employment for the Asian Amer­ departments at Da­ ican Lawyers Asso­ Mary Ann Dempsey '97 received Connecticut "Super Lawyer" by mon & Morey LLP ciation of Massa­ the New Hampshire Law Foun­ Law and Politics and Connect/~ in Buffalo, New York. chusetts's (AALAM) dation's Robert E. Kirby Award, cut Magazine. Legal Line pro­ which recognizes an attorney H. Lamar Willis '99, named one Christine M. Griffin '93 was gram for Boston under the age of thirty-five ofthe "100 Most Influential sworn is as one of five commis­ Neighborhood Network, inter­ whose professionalism, civility, Georgians" for 2006 by Georgia sioners on the US Equal Em­ viewed BC Law Assistant Clini­ and skill are exemplary. She is an ployment Opportunity Com­ cal Professor Carwina Weng in associate at the New Hampshire Trend Magazine. mission. Former executive di­ October and BC Law alumni Su­ firm Wiggin & Nourie. rector of the Disability Law san Soltez Ellison '95 and Vin­ Center in Boston, she is a civil cent Lau '97 in January. Charles A. Grace '97 was elect-

46 Be LAW MAGAZI NE I SPR ING f SUMMER 2006 [ESQUIRE] ed to the Board of Overseers of ciate in the corporate depart­ ously, she was a member of the the Boys and Girls Club of ment of Simpson, Thacher & trusts and estate department of Update your Boston. He is an associate in the Bartlett LLP in Palo Alto, Cali­ PNC Advisors in Pittsburgh. She information, Boston office of Mintz, Levin, fornia. He was previously with and her husband, Ryan, and contact your Cohn, Ferris, Glovsky & Popeo, Shearman & Sterling LLP in the their son live in Pittsburgh. classmates. PC, and practices in the firm's firm's London, England, office. employment and labor and ben­ He and his wife, Tita, have two Nicole C. Whittington '02 was keep in touch. Reg ister at www.bc.edu/friendslalumni efits departments. children and live in Palo Alto, appointed to the Icommunity to get your California. National Urban Be email address forwarded Laura M. Barnabei Twomey '97 League Board of for life. is a partner in the Laureen O'Brien Price '00 is spe­ Trustees. She is an New York, New cial counsel for the AFL-CIO In­ associate in the York, office of Ful­ vestment Trust Corporation III Philadelphia, Choate, Hall & Stewart LLP in bright & Jaworski Washington, DC. Pennsylvania, office of White & Boston. LLP and practices Williams LLP and concentrates estate and tax plan­ Bradley G. Bjelke '01 is vice her practice in commercial liti­ Lisa H . Lipman '05 is an associ­ ning. She and her husband, president and general counsel of gation. ate in the litigation department Christopher, welcomed the Rapattoni Corporation in Simi and tax practice group at arrival of a son, Kevin, in April Valley, California. He was previ­ Christopher K. Carlberg '03 is Choate, Hall & Stewart LLP in 2005. ously an associate at Jackson, an associate in the Seattle, Wash­ Boston. DeMarco, Tidus & Pecken­ ington, office of Perkins Coie James F. Keenan Jr. '98 is a paugh in Westlake Village, LLP and a member of the firm's Cameron M. Luitjens '05 is an ner a t Bernstein California. business practice group. associate in the intellectual prop­ Shur in Portland, erty department at Choate, Hall Maine, where he is John R. Connolly '01 was ap­ Kyle Loring '03 is an associate in & Stewart LLP in Boston. a member of the pointed to the the environmental, land use, and firm's intellectual Board of Directors natural resources practice group Ryan C. Mattina '05 and Lara property, technol­ of Action for Bos­ in the Seattle, Washington, office Zaroulis '05 were married at the ogy, and business law practice ton Community of Preston, Gates & Ellis LLP. Greek Orthodox Archdiocesan groups. Development. He Cathedral of the Holy Trinity in is an associate at Laura A. Paioff '04 is an associ­ New York City in December. Gregory F. Corbett '99 is a part­ Hanify & King, P.c., in Boston. ate at Hinckley, Allen & Snyder The reception was held at the ner in the Washington, DC, of­ LLP in Boston and practices in Brooklyn Botanic Garden. fice of Kirkland & Ellis LLP Robert Harrison III '01 is the the area of general litigation. and focuses on litigation with president of the George W. Kelley Finneran McNeil '05 is an an emphasis on intellectual Crawford Black Bar Association Bernarda A. Vi ll alona '04 is associate in the business depart­ property law. of Connecticut. He is an associ­ recipient of the Prosecutor of ment at Choate, Hall & Stewart ate at Edwards, Angell, Palmer the Year Award from the LLP in Boston. Philip H. Graeter '99 is one of & Dodge LLP in Hartford, Con­ Philadelphia Coalition for eight attorneys selected by the necticut, and practices in the ar­ Victim Advocacy. Boston Bar Association to par­ eas of mergers and acquisitions, IN MEMORIAM ticipate in their Public Interest corporate governance, venture Robert A. Creamer '05 is an as­ Leadership Program. He is an as­ capital financing, and general socia te in the ener­ Adam Palaza '37 sociate at Todd & Weld LLP in corporate representation. gy practice group Albert W. Frost '39 Boston. of Pierce Atwood George T. Smith Jr. '50 William Sellers IV '01 is a mem­ LLP in Portland, Hon. Hugh C. Curran '51 ber of a team that qualified for Maine. the fina ls in the Miller Urban En­ Henry M. Donahoe '51 20005 [ RE~~I ON ] trepreneurs Series and Business Joseph c. King '52 Plan Competition and received Amy M. Culver '05 is an associ­ John P. Lee '52 Gretchen M . Hunt '00 and her an award to finance their pro­ ate in the New Donal W. Sullivan '53 husband,John Young, announce posal of a receivable manage­ York, New York, Wi ll iam B. Meyer' 54 the birth of their son, Wilson ment or debt recovery firm serv­ office of Bond, Louis A. Petrarca Jr. '55 Curtis Young, in November. She ing the health care industry. The Schoeneck & King is staff attorney with the Divi­ team was named semifinalists in PLLC and concen­ Robert J. Donoghue '56 sion of Domestic Violence and the 2005 business concept com­ trates in labor and William K. Danaher Jr. '59 Child Abuse Services for the petition sponsored by the Batten employment law. Edward V. Leja '60 state of Kentucky. Institute at the University of Vir­ Philip A. Rollins '60 ginia Darden Graduate School Matthew P. Horvitz '05 is an as­ Paul S. Cronin '62 Carol L. Kline '00 is vice presi­ of Business Administration. sociate at Hinckley, Allen & Sny­ John A. Donovan Jr. '66 dent in the global leveraged fi­ der LLP in Boston. nance group at Lehman Brothers Kerry Aulizia Mink '02 is direc­ Brian D. Murphy '66 in New York, New York. tor of development for North Michelle G. Kozlov '05 is an as­ Darrlyn D'Ippolito Mann '74 Hills Community Outreach in sociate in the general corporate Stephen J. C. Woods '77 Louis P. A. Lehot '00 is an asso- Pittsburgh, Pennsylvania. Previ- and securities practice group at

SPRI NG I SUMMER 2006 I Be LAW MAGAZI NE 47 LIVING IN LONDON HAS FORCED ME TO COME TO GRIPS WITH WHAT IT MEANS TO BE FROM A COUNTRY

CURRENTLY IN SUCH OPPOSITION TO THINGS I GENERALLY THOUGHT IT CHAMPIONED: DUE PROCESS, THE

RULE OF LAW, A RESPECT FOR HUMAN LIFE AND DIGNITY.

[ PO[:\T o F Strange Interlude

BY JESSIC A C U RTIS ' 07

The great man is he who in the midst of the crowd keeps with perfect sweetness the independence of solitude. - Ralph Waldo Emerson

ags in tow, escalators carry me into the noise and scuffle of the great machine of the London Underground. I wait clumsily to join the crowd as it swells and changes shape, bumping rudely against me one moment and giving way graciously the next as a thousand individual wills

insist on their right to get wherever they are going. Nine o'clock on a Monday morning is never my favorite time of day to enter Waterloo Station; London crowds perpetually seem to be moving in a direction opposite of mine, and negotiating space around these commuters requires a grace and deft familiarity with a particular form of British civility that I appear to lack. I've been thinking a lot about "crowds" lately, about group identity and formation, and that of nationality in particular. At what precise moment does the anonymity a crowd promises become, from an outsider's perspective, synonymous with identity? Intrigued by the possible answers to this question, I applied to the London Program deter­ mined to hold my "American" political and legal Speaking of crowds, Jessica Curtis (second from left) culture up to a level of scrutiny more exacting and hobnobs w ith colleagues from the London progra m. less immediately accepting than my own. I'd imag­ ined this happening on damp winter evenings in by the film's terrible beauty, I found myself unwill­ front of roaring fires in back-alley pubs, good­ ing to speak, to give away my accent, lest I be natured ripostes with locals accompanying ale of identified with a country whose increasing disre­ respectable vintage. I'd never imagined the process gard for international law mystifies me. I found making me so uncomfortable. myself profoundly embarrassed by America's bla­ One experience in particular captures the tantly under-conceptualized undertaking. The essence of what I mean. I recently attended the Bush administration failed to account for what documentary Iraq in Fragments, which followed Iraqi reality would be post-invasion and relied, in several very different lives-a young boy living in place of planning, on the rhetoric of terror to cre­ Baghdad, a Shiite cleric following Moqtada al­ ate, then justify, its haste to attack. In the past, this Sadr, and Kurdish farmers-from 2002 until 2005 realization had often angered me; surrounded by when, as the director put it, Iraq became too dan­ non-Americans, it humbled me. gerous for foreigners. The film ended; the Q&A Living here has forced me to come to grips with began. Never had I felt so conscious of, and so what it means to be from a country currently in uncomfortable with, being American. Caught up such opposition to things I generally thought it

48 Be LAW MAGAZI NE I SPRI NG I SUMME R 2006 championed: due process, the rule of law, a concern: the farther-reaching implications laws of war, to justify-and this is sadly but respect for human life and dignity. As the of recent government decisions that have one example-the horrors of extraordinary US steps over international human rights squandered our nation's credibility in the rendition in the name of a "war on terror"? conventions and nods its assent to the use human rights arena. I fear the risk we run of To be sure, international law, like all legal of torture to elicit confessions from sus­ becoming identified with a crowd of coun­ systems, is often flawed and altogether pected terrorists, I wonder: How many tries whose roguish inattention to these human in its mechanistic, imperfect ability acquaintances here identify me out of matters we have routinely condemned. to cure the ills of the most delicate of human hand, because I am American, as someone Is America-and pardon the pun-at its situations. This is a curse from which cur­ uninterested in human rights save when own Waterloo? Can it still be said to be a rent human rights instruments and courts they bend to my benefit? Here, where my country that properly weighs its own nation­ are not exempt. Rather than using these identity is based primarily on my nationali­ al security against the global interest in pro­ weaknesses to justify untenable positions, I ty, are the benefits of being American tecting human rights? As I see it, the United would have the United States uphold the worth the price of being identified as one? States is one nation amongst many; it exists ideals it stands for in the best of its moments. Such questions reveal the self-centered­ both autonomously and in relationship to I would have us recognize the debt we owe ness these conversations can take. But any them. What good can come of its current to all guardians of human rights and the self-centeredness on my part, I've realized, solipsism, of its maneuvering around inter­ guidance we might stand to seek from the does not do away with the larger part of my national standards on human rights and the crowd of nations watching us now.

Behind the Columns into a beautiful office for emeritus faculty. Forgacs: It may seem that law is a complete (continued from page 3) We will also take over several rooms on the I80-degrees from dance, but they test the require important renovations over the second floor to unite our alumni and devel­ same analytical skills and require the same next decade. There is less to be said for the opment staffs on one level. discipline and work ethic. When you're Smith Wing, which connects Stuart to Ken­ If you have a reunion this year, or are in performing, you're practicing twelve hours ny-Cottle. Opening up the space it now the neighborhood next fall and have a few a day, so in that sense, the time commit­ occupies would allow us to improve the minutes to spend, I hope you will drop in ment is similar to law school. rear approach to our campus and to devel­ for a look. It's changed a lot from the place Scheuer: Being used to performing also op the courtyard on the right side of Stuart my friend went to school. helps immensely with being able to speak House the way we have done with the comfortably in front of others in both law Mone Courtyard on the other side. Gallery school and the courtroom. The next step in the long-range plan is to (continued from page 12) -Kristine Povilaitis '07 meld these proposals into the University's great way to earn a living, but it's over by master plan. Like the Law School, the Univer­ the time you reach your thirties. I didn't Achilles' Heels sity is looking creatively at its future growth. want to be thirty-two and out of a job with (continued from page 14) We are an important part of that projection, no education. We were married the year lack of expertise not only among judges but but this is a cooperative undertaking, and it after I finished my master's, and we had also among lawyers, several panelists at the may be another year before they and we can concerns at that point about how realistic it forum noted. They explained that few peo­ make any certain commitments. would be to go into academia. ple have the dual expertise in criminal and Meanwhile, we continue to work at the international law that's required to work other part of our strategy. If you visit the Forgacs: Around that time, Luke started effectively in an international criminal court. Law School from time to time you may thinking about law school and brought Moreover, the tribunals are creatures of have noticed how, each year for the last six home famous closing arguments to read, the United Nations, as more than one pan­ years, we have done floor-by-floor renova­ just to learn more about the law. We read elist pointed out, and appointments of tions in Stuart House: the classrooms on books like Ladies and Gentlemen of the judges and prosecutors can be promoted or the third and fourth floors; the cafeteria on Jury, as well as books by Alan Dershowtiz. blackballed not because of the appointees' the second floor; the Law School Com­ We were intrigued. We like the intellectual expertise, or lack thereof, but to advance mons in the Smith Wing (my friend told me challenge and stimulation of the law. The the member nations' political agendas. that this used to be the Student Union for decision was more between law and acade­ (Panelist Patricia Wald, a former US Newton College). Last summer we did half mia as opposed to law and ballet. appeals court judge who also served as a of the third floor to unite the Dean for Stu­ judge at the ICTY, recalled that a high UN dents with Academic Services and to Why law school in the US instead of Canada? official once told her that "from a UN increase the size of the Admissions Office. Scheuer: Things are bigger here; the conse­ point of view, if their country nominates This summer we are making changes in quences are larger. When you see the scan­ them and they don't have two heads, we both Stuart House and Barat House. In dals on CNN, they are always in the US. don't object.") Stuart we will do the other half of the third Perhaps that's better for Canada, but as a The quality of judging in particular floor: my office and reception area, and the lawyer, I knew I would much rather be came in for hits from panelists. William offices of the administrative dean, opera­ playing on this field. Fenrick, a former prosecutor at the ICTY, tions manager, and fiscal officer. And we recalled that in a case he was working on, will give the foyer a much needed facelift. Are there similarities between ballet and trial judges as well as appellate judges ren­ In Barat House we will turn the old library law school? dered decisions that "totally misread the

S PRI NG I SUMMER 2006 Be LAW MAGAZINE 49 [UN] secretary general's report establishing crimes victims improves measurably when the undue interference into the individual the tribuna!." David Crane, former chief the victimizer is convicted. Further, the tri­ initiative and collective discussion needed prosecutor of the Sierra Leone Special bunals create a historical record that would for successful standard setting. Court, called judges, "the Achilles' heels of not otherwise exist. "If future political A final major theme concerned the every tribunal," adding that, when it came demagogues try to rewrite history," argued importance of ownership as an incentive to to the Sierra Leone cases, "my biggest fear panelist Aryeh Neier, a well-known author the promulgation of standards. Here, there is reversible error." and president of the Open Society Institute, was uniform recognition that doctrines cre­ Perhaps most vexing of all for lawyers "tribunal records are the best" weapon ating property in standards bear a compli­ and judges facing the kind of hard legal against them. cated relationship at best to the need for questions that inevitably arise at war crimes Of course, coming when it did, the incentives. Sometimes, as in the case of tribunals, the guidance provided by prece­ forum inevitably unfolded in the shadow of computer operating systems, a corporation dent, statute, and rules of procedure and the death, two weeks earlier, of former may design technology that becomes a evidence can be thin or nonexistent. That's Yugoslav leader Slobodan Milosevic four standard in direct contemplation of sales to not surprising in a type of legal forum that, years into his unfinished trial before the others for profit. In other cases, private if you don't count the pioneering Nurem­ ICTY. Milosevic's case, several panelists organizations have reasons to create stan­ berg trials of more than fifty years ago, has agreed, illustrates the tension between two dards that are separate from the licensing existed for not quite fifteen years. Questions sometimes conflicting goals: creating a fees that ownership might generate. For arise on matters as basic as sentencing stan­ clear historical record and administering example, as Partnoy described, financial dards and even which crimes the tribunals justice swiftly and surely. In the forum's services firms create standards with no are allowed to prosecute. waning minutes, former ICTY prosecutor desire to license the standards to others. Panelist Philip Weiner '80, a prosecutor Fenrick remarked that it probably would Instead, they intend to profit by conducting who runs BC Law's ICfY program, faced have been better to charge Milosevic more profitable business transactions based such a conundrum not long ago, when narrowly and thus speed up the trial, even upon the standards, such as the trading of defense counsel moved to dismiss a case on at the expense of the historical record. derivative instruments. grounds that the defendant was mentally A comment made by Prosper earlier in The conference ended with agreement incompetent. "The problem," Weiner said, the day could have served as a response to that much scholarship about owning stan­ "is that [the ICfY] had no rules or statutes Fenrick's retrospection. "We need to ask dards still needs to be written. To that end, relating to competency to stand tria!' Is com­ ourselves," he said, "whether poor justice is the Boston College Law Review has agreed petency required? If so, what are the stan­ better than no justice. In some cases, it is. " to publish a special symposium issue con­ dards, and who decides?" Ultimately, the -David Reich taining the papers from the conference. judges found a requirement for competency This issue promises to be a ground-break­ buried in better-established rights, including The Standards Conundrum ing collection of thinking about a topic that the defendant's right to understand the (continued from page 15) will be of crucial importance to society for charges, and they set standards for compe­ promulgation. Others, including Lemley many years to come. tency that included the abilities to direct and Vetter, worried that private promulga­ -Professor Alfred Yen counsel and to appreciate the potential con­ tion of standards could fail because actors sequences of the tria!' They also placed the who owned technology relevant to the Inquiring Minds burden of proof for lack of competency on standard might hold out for compensation (continued from page 20) the defense but set the standards of proof far in excess of the value their technology Harvard Law students. The course dissects low, a balance of probabilities rather than contributed to the standard. By contrast, everything about legal education in Ameri­ proof beyond a reasonable doubt. Kieff and Bratton described how, in at least ca, and in the process of surveying the many Very gradually, out of decisions like this some cases, private standard setters took kinds of law schools that exist, demon­ one, a common law of tribunals is taking advantage of specialized expertise to create strates the wide diversity of approaches to shape, Weiner and other panelists said, and standards the government would have legal teaching. Law schools are secular, re­ decisions reached by one tribunal are being found difficult to surpass. ligious, big, small, theoretical, practical, adopted by others, a trend that should ease A second major theme was the danger public, and private. Some use the Socratic the work of future international war crimes of opportunistic, anti-competitive behav­ method, some don't. They have traditional tribunals. (Indeed, the ICTY judges' test for ior in standard setting processes. As Vetter curricula, programs with flexible hours, co­ mental competency has since been adopted and Samuelson showed, individuals operative learning opportunities, clinics, by the tribunal for war crimes in East Tim­ involved in standard setting have natural and internships. They each have their own or, and Weiner expressed the hope that oth­ incentives to steer standards towards con­ ways of doing admissions, faculty recruit­ er tribunals would use it as wel!.) figurations that favor their own economic ment, promotion, evaluation, and tenure. And for all the tribunals' shortcomings, interests, even if those configurations are They mayor may not have affirmative ac­ panelists agreed, they have done enormous not in the public interest. Such opportunis­ tion programs or merit scholarships. Co­ good, holding individual wrongdoers (not tic behavior can, but does not always, quillette has been teaching this course since only nations and governments) account­ emerge in both public and private stan­ 1995, getting his students to dig into the is­ able and giving victims a sense of judicial dard setting. The natural instinct of sues these various approaches to legal edu­ redress. Interestingly, according to research lawyers is, of course, to use law to curb cation raise. He says he knows of at least cited by panelist Diane Orentlicher, profes­ such behavior. However, it is probably twenty-five students from his course who sor of law at American University, both the impossible to construct law that consis­ have gone into teaching law. self-image and community status of war tently stops such behavior without risking So while there is no one route to acad-

50 Be LAW MAGAZI NE I SPRI NG I SUMME R 2006 emia-and, as Coquillette's course shows, tify and respect each other's concerns. Moral noted, "[olne of the main impetuses for the "academia" itself is not a monolith-the philosopher Bernard Williams has equated recent resurgence of interest in the ethics of fact remains that the field is highly compet­ the Aristotelian notion of justice with "fair­ virtue .. .is the sense that the enterprise of itive, especially for those with unorthodox ness." Fairness prompts me to act for the articulating principles of right has failed." credentials. "The simple fact of life is that sake of another's well being, rather than just Professional norms are hollow without the vast majority of law professors come my own. An unjust person is one who is not reference to the moral aspirations and sen­ from the elite schools," says St. John's Peri­ affected by considerations of fairness and is sitivities of individual actors working with­ no. "It's not about the nature of the legal indifferent to the interests of others. in their framework. The key virtues I have education you get in those schools, but Courage. Courage is the virtue that identified might not lead a prosecutor to about the prestige factors. One of the things enables an individual to do what is good one right decision in every situation. They BC Law might think about doing is signal­ notwithstanding harm, danger, or risk to can, however, help prosecutors filter out ing to students that this is a viable career themselves. For Aristotle it was the mean the wrong reasons for acting. The joint tal­ option for them and, for those students who between fear and false confidence. ismans of fairness, courage, honesty, and want to pursue this option, provide sup­ Courage is the ability to risk personal sac­ prudence might serve as nautical beacons port." While BC Law does not currently rifice or withstand pressure. It is also the to direct prosecutors away from rocky and have a formal career placement program in willingness to forego short-term benefits dangerous shoals in their practice of law. place for aspiring professors, individual fac­ in pursuit of longer range goals, that is, to Moreover, a renewed focus on the virtues ulty take promising students and alumni un­ strike a balance between the immediate might promote a culture of thoughtful dec i­ der their wing to help them get where the demands of constituents and the longer sionmaking in the prosecutorial communi­ want to go. term needs of society. ty, providing individual prosecutors with And what kind of student should con­ Honesty. Aristotle recognized the impor­ the intestinal fortitude necessary to resist sider a career as a law professor? Someone tance of being truthful in speech and action. institutional pressures to seek convictions who's intellectually engaged, who's curious, It is important to be honest not only about at all costs. Without a development of the who likes to raise questions and think crit­ oneself (that is, to be conscious of one's own moral self, individual prosecutors will not ically about the law, the practicing scholars motivations, capabilities, and desires), but be willing or able to discern any ethical say. Someone who is committed to writing, also to be honest about situations external content in the American Bar Association's speaking, and teaching about complicated to oneself. A person is honest if he is willing admonition to "seek justice." ideas in an engaging way. Someone who will to accept circumstances for the way they My focus on virtue leads me to three avoid becoming an ideologue. Someone are, rather than feeling the need to make practical recommendations about profes­ with a gentle sense of humor. them consistent with his own predisposi­ sionalism within prosecutors' offices. Someone, finally, who wants to pass on tions. That is, an honest person is comfort­ First, chief prosecutors and hiring man­ what they have been given. Here's BC Law able with ambiguity and open to evidence agers should seek to hire young attorneys Professor Robert Bloom: "There's a saying that discredits his own ideas or world view. who either possess or have the capacity to in the Talmud that goes something like this: Prudence. Aristotle recognized that in develop the virtues of fairness, courage, Every blade of grass has its angel that bends certain situations the moral virtues may honesty, and prudence. This is not to say over it and whispers, grow, grow. I think appear to conflict (for example, courage that other attributes are not important to about the angels, people like Sanford Fox, may point in one direction and temperance success as a prosecutor, including, of Richard Huber, people who looked over me in another). However, Aristotle believed course, intelligence, energy, and trial advo­ and said, grow, grow. I feel as though that that prudence, or "practical wisdom," is cacy skills. But these latter attributes are when I do the same with my own students, the key to discerning a proper course of often given inordinate weight in the hiring I'm giving back to something that was action in those circumstances. Aristotle process, to the detriment of the virtues, given to me." treated practical wisdom as the cornerstone which may be viewed as softer variables of all virtues. Practical wisdom is the ability and thus more difficult to assess. Chief Jeri Zeder is a contributing writer to to deliberate well-to recognize and per­ prosecutors should ask questions during BC Law Magazine. ceive proper ends, and then to select those the interview process that attempt to draw means that are likely to achieve such ends. out a candidate's character, or what Scholar's Forum To be a virtuous person requires sensitivity philosopher Philippa Foot has called the (continued from page 26) to the important features of specific situa­ "disposition of one's heart." They can do lawyers engaged in that function, I have tions, and not merely the capacity to apply so by asking hypothetical questions that come to believe that the primary virtues the or follow explicit rules. A lawyer who pos­ are designed to test whether honesty, fair­ public has a right to expect of its prosecutors sesses the virtue of practical wisdom is ness, and prudence are qualities likely to be are fairness, courage, honesty, and prudence. reflective; he is able to appreciate and syn­ compromised by the lawyer in the face of What are these virtues, and how might they thesize the multiplicity of concerns at stake competing pressures. shape the conduct of prosecutors confronted in each decision. My second recommendation is directed by difficult discretionary decisions? These four virtues are not traits that can at individual prosecutors themselves, par­ Fairness. Aristotle thought that it was be "taught" in law school (although the ticularly at young prosecutors just begin­ important for citizens to live in proper rela­ conversation and the practice can certainly ning their careers. New prosecutors should tions with their neighbors. Individuals must begin in law school, particularly in a clini­ be very careful about who they pick as role recognize each other's existence and their cal setting). They are also not behaviors models in their offices. Aristotle recognized right to co-exist. Justice occurs where there that can be commanded by ethical rules. As that to understand the nature of good judg­ is reciprocity, that is, where individuals iden- the philosopher Gary Watson has aptly ment in political affairs we must identify

S PRI NG I SU MM ER 2006 I Be LAW M AGAZI NE 51 those who have it, watch what they do, and eration is not something that everyone does managers can identify these prosecutors listen to what they have to say. When con­ equally well. According to Aristotle, the through the fruits of their labors, their fronting difficult decisions in the course of young are particularly handicapped in demonstrated capacity in hard cases to investigation or litigation of criminal cases, exercising the virtue of prudence due to exercise discerning judgment. prosecutors should seek advice from the their lack of practical experience over time. This analysis also leads me to one cau­ lawyers in the office whose judgment they Prosecutors' offices should thus be scrupu­ tiously optimistic observation about the respect and admire, not necessarily those lous in their decisions of whom to promote professional life of prosecutors. As elastic who have the highest conviction rates or and when to promote them. Conviction and amorphous as the "seek justice" oblig­ the greatest public stature. rates and the ability to "move" cases ation may seem, it can be a source of inspi­ My third recommendation is that man­ should not be the sole keys to advancement ration for prosecutors who take it seriously. agers in prosecutors offices should not as a prosecutor. Promotion should be Indeed, criminal prosecutions may be one place young and inexperienced attorneys in granted only after a lawyer has demon­ crack or crevice where the fading ideal of positions where they need to make broad strated a capacity for honesty, courage, the lawyer statesman can still survive in our and difficult discretionary decisions. Delib- fairness, and, above all, prudence. Senior society, where persons of integrity can ful-

The Unusual Student

KATRINA SURVIVOR HEALS, HELPS IN CLASS

rofessor Ray Madoff's uncertainty of our future and PGift and Estate Taxes the magnitude of the calamity class had a special guest weighed heavily on us. I sin­ in the fall: eighty-seven-year­ cerely believe the opportunity old Jay Krieger. Krieger, a to attend Professor Madoff's New Orleans attorney with an class so that I could stay active practice in estate law, engaged with the law, as well as was invited to audit the class the support and friendship she after losing his home and and her students gave me, practice to hurricane Katrina. played a key role in helping me Students were so enthralled cope with what at times with Krieger's knowledge, seemed to be overwhelming enthusiasm, and class partici­ problems. pation, that they invited him I am now living in Man­ as a special guest to attend deville, Louisiana, with my their Commencement in May. sister-in-law, whose home is "He never missed a class, across the lake from New whispered the answers to stu­ Jay Krieger, 87, spent some time in Professor Ray Madoff's class after Orleans. Our neighborhood dents, and sent me articles escaping the hurricane. in New Orleans is still a ghost that pertained to class discus­ BC Law School. What I did wife, the other Krieger in our town of wrecked homes with sions," said Professor Mad­ not realize was that its 'head' firm Krieger and Krieger. no electricity. As a result of the off. "He is just a charming, was complemented by such a The effects of Katrina on all destruction of New Orleans nice, wonderful guy. " big 'heart'. of my personal belongings, my and the dispersal of its citi­ This is Krieger's story as he The opportunity to audit home, my friends, and my city zens, I have decided to retire told it in a thank you letter: Professor MadoH's class, caused me great sorrow. Our from the active practice of law "I was delighted and hon­ which was arranged in part by home was destroyed-it was and close my office after more ored to receive the generous one of your alumni, Christo­ adjacent to the 17th Street than fifty years. As you know, invitation to attend the grad­ pher Mehne '77, was not only Canal that broke-and our the call of the law can be irre­ uation ceremonies at Boston educational, but also served as friends and clients were scat­ sistible, so I hope to pursue College Law School in May. a form of therapy. My wife tered throughout the country. other avenues of the law. My It is difficult to put into words and I arrived in Needham in We had left the city with only family keeps pushing me to how much Boston College's early September from a devas­ three days' worth of clothing; consider teaching, in part warmth, openness, and kind­ tated New Orleans. I have everything else was lost. because of some rewarding ness has meant to my family lived in New Orleans since the Although we were very lucky experiences I have had as a and me. Given your outstand­ end of World War II, where I to be able to live with my son visiting lecturer at Loyola ing reputation, it was no sur­ had enjoyed a satisfying law and daughter-in-law in their Law School and because I so prise to see the high intellectu­ practice, beautiful home, and a home in Needham and have enjoyed the companionship of al and professional quality of wonderful lifestyle with my their love and support, the Professor Madoff's students."

52 Be LAW MAGAZ IN E I SPRI NG I SU M MER 2006 Recent Publications: Editor. Handbook of Legal fill professional roles without inviting con­ Academic Vitae Research in Massachusetts, 2nd ed: 1st Supple­ flict between personal ideals and third per­ (continued from page 33) ment 2005. Chapter author: "Massachusetts son demands of clients. To do so, however, Legislative Procedure and History." 3: i-3: 46. they must be willing to interpret the "seek CYNTHIA C. LICHTENSTEIN Chapter co-author (with Brian J. Harkins and justice" mandate as more than a mere plat­ Professor Emeritus Ruth G. Matz): "Selected Legal Research itude. A renewed emphasis on virtue will be Resources." 11: i-II: 32. Boston: Massachu­ Recent Publications: "The Fed's New Model of setts Continuing Legal Education, 2005. critical to imbuing this admonition with Supervision for 'Large Complex Banking Orga­ true ethical content. nizations': Coordinated Risk-Based Supervi­ MARY-ROSE PAPANDREA sion of Financial Multinationals for International Financial Stability." Transna­ Assistant Professor Professor Cassidy teaches Criminal tional Lawyer 18, no. 2 (2005): 283-299. Law, Evidence, and Professional Respon­ Recent Publications: "Under Attack: The Pub­ lic's Right to Know and the War on Terror." sibility. This essay is condensed from a Activities: Panel chair, "Sex, Gender, and Inter­ Boston College Third World Law Journal 25, longer article that will appear in an national Law," American Society of Interna­ no. 1 (Winter 2005) (Immigration Law and upcoming volume of the Notre Dame tional Law (ASIL) Annual Meeting, Human Rights: Legal Line Drawing Post-Sep­ Law Review. Washington, DC, in Mar. tember 11: Symposium): 35-80. Other: Judged the 2005 Shearman & Sterling Faculty Profile Presentations: "Licensing and the Media" and International Rounds of the Philip C. Jessup "The Reporter's Privilege," through a grant (continued from page 27) Competition, ASIL Annual Meeting, Washing­ from the US Embassy, Chinese Academy of family; he and Kim have a son, eighteen, ton, DC, in Mar. Social Sciences Institute of Law Symposium, and a daughter, fifteen, and his twin pas­ Beijing, China; "Defamation Law in the sions, movies and sailing. An admirer of JOSEPH P. LlU United States," Communication University of film director Wes Anderson's The Life Associate Professor China, Beijing, China; and "Obtaining and Aquatic, Garcia admits that in his own Publishing National Security Information in Recent Publications: With Stacey L. Dogan. the US After September 11," at the Procura­ boating adventures in Boston Harbor and "Copyright Law and Subject Matter Speci­ torial Daily (Beijing), in Dec. "Citizen Jour­ off the North Shore, he's more likely to run ficity: The Case of Computer Software." New nalism and the Reporter's Privilege," across natural gas tankers and cruise ships York University Annual Survey of American Villanova University School of Law, Vil­ Law 61, no. 2 (2005): 203-236. than mythical sharks. Which brings him lanova, PA, in Mar. back to thinking about international trade. Activities: Co-organized and participated in the ZYGMUNT J. B. PLATER -Jane Whitehead "Owning Standards" conference, BC Law, in Mar. Professor In Closing RAY D. MADOFF Works in Progress: "Law, Media, and Environ­ (continued from page 60) Professor mental Policy: A Fundamental Linkage in Sus­ tainable Democratic Governance." Boston nourishing relationships. Recent Publications: "Autonomy and End of I am grateful for my friends outside College Environmental Affairs Law Review Life Decision Making: Reflections of a Lawyer (forthcoming 2006). law school, but without friends like Mol­ and a Daughter." Buffalo Law Review 53, no. ly McDougal and Margo Anderson, who 3 (2005): 963-971. With Cornelia R. Tenney Presentations: "Water Pollution and Public Pol­ were true companions through every step and Martin A. Hall. Practical Guide to Estate icy" and "Endangered Species Regulation in the Planning. 2006 ed. New York: Aspen Publish­ of these last three years, I could not have Bush Administration," Bard College Graduate ers, 2006. persevered and thrived. We have support­ Program in Environmental Studies, Annandale­ ed each other through the difficult on-Hudson, NY, in Oct. and Dec., respectively. Activities: Panel member, "Inheritance Law and "Kelo v. New London: What It Means for Mass­ times-of completing the law review the Empirical Scholar," Association of American achusetts," Boston Bar Association CLE Seminar, write-on competition after first-year Law Schools (AALS) Section on Donative Trans­ in Nov. "Perspectives of Cultural Relativity: On exams, dealing with ongoing family is­ fers, Fiduciaries, and Estate Planning, AALS 2006 Being a Ferenj Observer of the Horn of Africa," Annual Meeting, Washington, DC, in Jan. sues, and, simply enduring the daily grind Symposium: "Ethiopia: Prospects for Democ­ of course work. We have also shared racy," Harvard Law School, in Feb. "Law, Media, JUDITH A. MCMORROW and Environmental Policy: A Fundamental Link­ countless good times, mostly centered on Professor age in Sustainable Democratic Governance," food, laughter, and our shared enthusi­ Western New England College School of Law, asm for Professor Dean Hashimoto. BC Recent Publications: With Daniel R. Coquil­ Springfield, MA, in Feb. "Environmentalists and is a place where people stop to take time lette. "Toward an Ecclesiastical Professional Cultural Relativity: The Challenges of Being Ethic: Lessons from the Legal Profession." In Effective in a Polarized, Balkanized, Comrnodi­ for others and where friendships flourish. Church Ethics and Its Organizational Context: Four years have passed since I stopped tized, Lobotomized Political World" and "We Are Learning from the Sex Abuse Scandal in the What We Do," Public Interest Environmental fighting my father's advice and decided to Catholic Church, edited by J. Bartunek, Law Conference (PIELC), University of Oregon apply to BC Law School. Now, I can say 157-167. Lanham, MD: Rowman and Little­ School of Law, Eugene, OR, in Mar. with conviction and heartfelt gratitude field Publishers, 2005. Activities: Panel member, "Standing for that I made the right decision, not only Activities: Panel participant, Symposium: "Sharp­ to seek a legal education, but also to seek Wildlife, Rivers, and Air: Creative Defense of ening the Cutting Edge of International Human Environmental Entities" panel, Twelfth Annual it here. Rights Law: Unresolved Issues of War Crimes Tri­ Rebellious Lawyering Conference, Yale Law bunals," BC Law, in Mar. School, New Haven, CT, in Feb. Panel mem­ Joyce Koo Dalrymple begins her legal ber, "The Future of the Endangered Species Act: career clerking for Justice Mark Green at MARY ANN NEARY Pombo or Progress," PIELC, University of Ore­ the Massachusetts Appeals Court. Legal Information Librarian and Lecturer in Law gon School of Law, Eugene, OR, in Mar.

SPRI NG / SU MMER 2006 I BC LAW MAGAZ IN E 53 JAMES R. REPETTI Activities: Invited member of the National Insti­ lawyering on Legal Line, a Boston Neighbor­ tute of CorrectionslWashington College of Law hood Network program, in Nov. Professor advisory group to develop a curriculum for the Recent Publications: Supplement 9 (Oct. 2005 application of the Prison Rape Elimination Act DAVID A. WIRTH update): "United States." In The International in juvenile settings, American University, Wash­ Professor and Director of Guide to Partnerships. Editors: Kees van Raad, ington, DC, in Mar. Co-convener of a working International Programs Paul Bater. Amsterdam: International Bureau of group on post-disposition advocacy for youth Fiscal Documentation, c1996-2005. in the delinquency system in Massachusetts. Recent Publications: Contributing author. A New Progressive Agenda for Public Health and DIANE M. RING Other: Consultant to the Hyams Foundation the Environment, edited by Christopher H. Girls Initiative in the development of a Schroeder and Rena Steinzor. Durham, NC: Associate Professor statewide expansion of the Massachusetts and Carolina Academic Press, 2005. Recent Publications: With Reuven S. Avi­ Girls Health Passport Projects funded by the Yonah and Yariv Brauner. U.S. International Jacob and Valeria Langeloth Foundation. Presentations: "Global Warming: International Taxation: Cases and Materials, 2nd ed. New Technical adviser to the Annie E. Casey Foun­ Responses to Climate Change," Long Island York: Foundation Press, 2005. "United dation JDAI. chapter of the Alumni Association of Hunter States." In Taxation of Permanent Establish­ College, Westbury, NY, in Oct. ments, edited by Irene J. J. Burgers et al. Ams­ SUSAN C. SULLIVAN terdam: IBFD Publications, 1993- (November Activities: Session moderator, "Teaching Mod­ Legal Information Librarian and Lecturer in Law 2005 update). ules for First Year Courses in Property," Work­ Presentations: "Statutes and Legislative History," shop on Integrating Transnational Legal Works in Progress: "Understanding Interna­ Law Librarians of New England Introduction to Perspectives into the First Year Curriculum, tional Tax Relations: Theory and Implications." Legal Research course, BC Law, in Sept. Association of American Law Schools 2006 Annual Meeting, Washington, DC, in Jan. Presentations: "Cross-Border Tax Controversies PAUL R. TREMBLAY Panel moderator, Symposium: "Sharpening the and Tax Shelters: New Focus of US and Mexico Cutting Edge of International Human Rights Clinical Professor Cross-Border Audits and Enforcement of Com­ Law: Unresolved Issues of War Crimes Tri­ plex Foreign Transactions," University of San Recent Publications: With J. Charles Mokriski. bunals," BC Law, in Mar. Diego School of LawlProcopio International Tax "Respondeat Superior: 'Never Send to Know Institute Conference, San Diego, CA, in Feb. for Whom the Bell Tolls: It Tolls for Thee.'" Other: Judged the final round of the regional Boston Bar Journal 49, no. 5 Philip C. Jessup International Moot Court Other: Taught at the International Tax Program (November/December 2005): 16-17. Competition, Boston, in Feb. sponsored by Duke University and the Instituto Tecnol6gico Aut6nomo de Mexico, Mexico Works in Progress: "Researching Ethical NORAH M. WYLIE City, Mexico, in Nov. Issues." In Ethical Lawyering in Massachusetts, Associate Dean and Dean for Students edited by James S. Bolan and Kenneth JAMES STEVEN ROGERS Lawrence. Boston: Massachusetts Continuing Other: Panel moderator, "The Best Idea I Ever Legal Education, (forthcoming 2006). Had: Building Community in a Law School," Professor Association of American Law Schools (AALS) Recent Publications: "The New Old Law of Presentations: "Pre-negotiation Counseling: An Section on Student Services, AALS 2006 Electronic Money." SMU Law Review 58, no. Alternative Model" and, with Alexis J. Anderson Annual Meeting, Washington, DC, in Jan. 4 (2005): 1253-1311. and Lynn Barenberg, "Lawyers' Ethics in Inter­ disciplinary Collaboratives: Some Answers to ALFRED C. YEN JOAN A. SHEAR Some Persistent Questions," UCLA School of Professor LawlUniversity of London Sixth International Legal Information Librarian and Lecturer in Clinical Conference, Lake Arrowhead, CA, in Recent Publications: "Sony, Tort Doctrines, Law Oct. "Practiced Moral Activism in Law School and the Puzzle of Peer-to-Peer." Case Western Presentations: "Introduction to Authority, Clinics," Notre Dame Law School, Notre Dame, Reserve Law Review 55, no. 4 (2005) (Copy­ Citations, and Citators," Law Librarians of IN, in Dec. right and Personal Copying: Sony v. Universal New England (LLNE) Introduction to Legal City Studios Twenty Years Later: Symposium): Research course, BC Law, in Sept. CATHARINE P. WELLS 815-865. Professor Activities: Organized the LLNE Introduction to Works in Progress: "Third Party Copyright Lia­ Legal Research course at BC Law. Recent Publications: "Who Owns the Local bility After Grokster." Minnesota Law Review Church? A Pressing Issue for Dioceses in Bank­ (forthcoming 2006). FRANCINE T. SHERMAN ruptcy." Seton Hall Legislative Journal 29, no. 2 (2005) (Bankruptcy in the Religious Non­ Presentations: "Copyright and the Psychology Clinical Professor and Director of the Juvenile profit Context: Symposium): 375-398. "The of Creativity," Intellectual Property and Cre­ Rights Advocacy Project Noisy Wisdom of Monks." Boston College Law ativity Conference, John Marshall Law School, Recent Publications: Detention Reform and Magazine 14, no. 1 (FalllWinter 2005): 45, 48. Chicago, IL, in Nov. Girls: Challenges and Solutions. Baltimore, MD: Annie E. Casey Foundation, 2005. CARWINA WENG Activities: Invited panelist, Third-Party Liability in Intellectual Property Law Conference, Santa Assistant Clinical Professor Presentations: "Detention Reform and Girls: Clara University School of Law, Santa Clara, Preview of Tool Box," Juvenile Detention Alter­ Works in Progress: "Cross-Cultural Lawyer­ CA, in Oct. Session moderator, "Law and Geog­ natives Initiative (JDAI) Inter-site Conference, ing." In Critical Race Realism: Intersections of raphy: Geographic Technologies and Locational Las Vegas, NY, in Nov. "Health and Health Psychology, Race, and Law (forthcoming 2007). Privacy," joint program of the Association of Access for Girls in the Juvenile Justice System: American Law Schools (AALS) and the Associ­ A Report on the Girls Health Passport Project" Appointments: Appointed president-elect of the ation of American Geographers, AALS 2006 and "Detention Reform and Girls: Challenges Women's Bar Association of Massachusetts. Annual Meeting, Washington, DC, in Jan. Co­ and Solutions," Through Her Eyes Second organized and participated in the "Owning Stan­ Annual Conference, Springfield, MA, in Apr. Other: Interviewed on the topic of multicultural dards" conference, BC Law, in Mar.

54 BC LAW M AG A Z INE SPRI NG I SU MMER 2006 ~ (J

IllUSTRATIONS BY MARK STEELE

SPR ING I SUMMER 2006 Be LAW MAGAZI NE 55 CONNOTES TOP CLASS YEAR ACHIEVERS

[ REUNION R E PORT ]

FROM THE CHAIR OF THE 2005 REUNION GIFT CAMPAIGN 1955 Co-chair Class Gift Total: $21,486 Robert J. Muldoon Jr., BY DAVID C. WEINSTEIN '7S Participation: 31% Co-chair Charles S. Adams Hon. Charles F. Barrett, Constance Jane Betley Co-chair (Social) Edward M. Bloom Reunion Giving Grows James L. Taft Jr. , Co-chair Mary Egan Boland Edward J. Ca passe Sidney R. Bresnick Elizabeth A. Chute Judith Olans Brown he 2006 Reunion Campaign is we can translate this increased partic­ Stephen A. Fanning Alan A. Butchman shifting into high gear. But to ipation during our reunion years into Richard A. Foley Thomas E Collins T John E Gill Rae B. Condon get where we're going, it's use­ continued support throughout each of J. Donald Gracey Joseph L. Deambrose ful to know where we've been. Last the years in between reunions. With Darald R. Libby John E Dobbyn fall, our 2005 Reunion Gift program this model of continuous annual con­ Frank J. McGee Thomas]. Dorchak crossed the finish line with about $2.1 tributions, we can carry the excitement Charles EX. Murphy W. Joseph Engler Jr. million of pledged support. That high of our reunion year to sustain impor­ John A. O'Call aghan Sidney P. Feldman level of giving was without precedent tant Law School programs that merit Louis A. Petrarca Jr. George M. Ford in our Law School's history. Thanks stable and increased funding. Alfred C. Toegemann Jerome K. Frost Hon. Douglas R. Gray I congratulate the Reunion Gift to the more than 550 donors from the Frank E. Green 2005 reunion classes. committee chairs and members for 1960 Hon. B.L. Hassenfeld- BC Law's Reunion Gift program their devoted efforts to connect with Class Gift Total: Rutberg is in its early stages but is quickly their classmates and support our Law $19,610 Hon. Paul E Healy Jr. building momentum. Four years ago, School. Special thanks to my Class of Participation: Francis W. Holman gifts from reunioners totaled about 1975 and our outstanding chairman, 37% Philip E Hudock $350,000. Today, Reunion Gifts are a Steve Fogg. This class led the pack, Paul R. Lawless Peter A. Donovan, Co-chair Robert G. Lian key part of our Law School's develop­ raising $1.5 million with 40 percent ]. Owen Todd, Co-chair Richard K. Mazow ment efforts. In FY2005, two-thirds of participation. Congratulations to the Paul J. Adams William J. McDonald all gifts to the Law School came from three other classes that raised more Leon Aronson John E McDonough donors in their reunion years. Re­ than $100,000: 1970 (chaired by Paul Joseph Broude Robert E. McGinness unions have stimulated bold and par­ Kane), 1980 (co-chaired by Bob Brian T. Callahan Jerry B. Murray adigm-shifting endowed giving. In Mendelson and Gary O'Connor), and S. Joseph Ciccia Alan L. Neigher Hon. Dominic E Cresto Hon. Richard W. Norton both 2004 and 2005, a reunion alum 1990 (co-chaired by Joe Curtin and Marcel Charles Durot Kevin L. O'Brien pledged at least $1 million. Participa­ Marty Pasqualini). Kudos to the three David B. Finnegan David T. Pagnini tion rates in 2005, another important classes that exceeded their participa­ Thomas E. Finnerty Richard]. Pentland measure of our overall engagement tion rate goals: 1960, with chair Owen Robert A. Gorfinkle Stuart L. Potter with alumni, were significantly higher Todd (37 percent); 1965, with co­ Hon. Edward E Harrington Barry Ra vech than our overall alumni participation chairs Paul McNamara and Bob Mul­ John S. Holland Michael D. Shapiro rate of 25 percent. I am grateful that doon (40 percent); and 1990. Richard E Hughes Samuel E. Shaw John E Keenan Mark D. Shuman so many alumni recognized the current May the fine results ofFY2005 pave John P. Kelly Nick Soloway excellence and outstanding future po­ the way for even greater success in the Hon. Joseph Lian Jr. Frederick J. Torphy tential of our Law School with gifts in 2006 Reunion Gift Campaign. Ladies Hon. William A. McCarthy Thomas H. Trimarco their reunion year. I am hopeful that and gentlemen, start your engines. Hon. Robert C. McGuire Elwynn J. Miller Brendan J. Perry 1970 Philip W. Riley Class Gift Total: MARK YOUR CALENDAR: REUNION 2006 EVENTS Philip A. Rollins $172,425 Alumni of class years ending in 6 and 1 are invited to celebrate Reunion with Francis J. Shea Participation: 34% classmates during the weekend of October 12-15. Highlights include: Thurs­ Priscilla M. Stafford George B. Vasko Mary M. Connolly, Co-chair day, October 12: Boston College v. Virginia Tech football game and pre-game Paul M. Kane, Co-chair reception. Friday, October 13: Out-of-state alumni luncheon with faculty, Victor A. Aronow Bar Review with students, and Bar Reviews for the ten reunion classes. 1965 Louis B. Blumenfeld Saturday, October 14: Alumni Council town meeting (daytime), reunion Class Gift Total: Charles]. Bowser Jr. cocktail reception and class dinners (evening). Sunday, October 15: Farewell $82,777 Hon. Andrew]. Chwalibog brunch. Events will take place on the BC ma in and Law School Participation: Robert S. Cohen campuses and at the Ritz Carlton, 15 Arl ington St., Boston. For more infor­ 40% James]. Cormier Jr. mation or to register, contact Linda Glennon, director of alumni relations, at Thomas M. Cryan 617-552-3935 or [email protected]. Nicholas Lisi, Co-chair Michael]. Dale Paul]. McNamara, Stephen R. Delinsky

56 Be LAW M AGAZINE I SPRI NG I SU M MER 2006 Claire Fallon 1975 Edwin L. Hobson William B. Roberts Thomas A. Barnico John M. Farrington Class Gift Total: Hon. Ellen S. Huvelle Hon. William P. Robinson Madeline Mirabito Becker Peter W. Fink $1.536.674 Robert P. Joy III Kathleen C. Caldwell Eugene P. Flynn Participation: William F. Joy Jr. Charles F. Rogers Jr. Eva H. Clark David Thomas Gay 40% Anne Maxwell Livingston Carolyn T. Ross John L. Collins Charles B. Gibbons Paul F. Lorincz Stephen R. Rubenstein Foster Jay Cooperstein Marc J. Gordon Daniel C. Crane, Co-chair Joseph c. Maher Jr. James L. Rudolph Mary E. Corbett Edward P. Henneberry Stephen K. Fogg, Co-chair Robert Mangiaratti Kathleen E. Shannon Louise R. Corman Donald C. Hillman Donna M. Sherry, Co-chair Christopher C. Mansfield William S. Stowe Cheryl M. Cronin Fredric]. Hopengarten Berndt W. Anderson Lt. Cdr. Charles A. David S. Strauss John R. Curran Justin P. Hughes Katherine L. Babson Marciano Robert E. Sullivan Michael S. Delucia Michael J. Hutter Jr. William T. Baldwin Ronald C. Markoff James A. Toomey Lidia B.S. Devonshire Honora Kaplan David M. Banash Pamela Basamania Marsh ]. Kenneth Wainwright Jr. Edward F. Donnelly Jr. Diane M. Kinch Kevin B. Belford Kathleen F. McCarthy Roy J. Watson Laurence]. Donoghue Willard Krasnow Michael]. Betcher Larry]. McElwain David C. Weinstein Margaret E. Eckert Edward J. Krisor Richard D. Bickleman Terence A. McGinnis Jeffrey M. White Neil S. Ende Gary P. Lilienthal Joseph P. Burke James R. McGuirk Harry H. Wise III Steven D. Goldberg Donald F. Manno Howard W. Burns Jr. John J. McHale Jr. Carol ann Kamens Wiznia Steven S. Greenzang Peter G. Marino Arthur H. Butler Michael H. Miller Robert ]. Zapf Carol A. Gross Timothy]. Mattimore Hon. Elizabeth Butler John T. Montgomery Thomas R. Hanna Andrew J. McElaney Jr. Robert B. Carpenter Daniel F. Murphy Jr. Paul]. Hartnett Jr. David S. Mercer John R. Clementi Kathryn Cochrane Murphy 1980 Irene M. Herman Steven J. Mopsick Joseph J. Czajkowski Marshall F. Newman Class Gift Total: Joseph M. Hinchey Joseph E. O'Leary Jaffe D. Dickerson Bruce A. Nicholson $104.777 Blake Hornick Edward M. Padden Howard L. Drescher David M. O'Connor Participation: 32% Stephen P. Houlihan Alan K. Posner Ellen Mattingly Driscoll John K. Olson Stephen]. Imbriglia Arthur W. Price Randolph H. Elkins Jeffrey A. Oppenheim James R. Repetti, Co-chair Kathryn A. Joyce Norman C. Sabbey Steven B. Farbman Clifford Orent Susan L. Repetti, Co-chair Susan L. Kantrowitz Richard J. Schulman Thomas J. Flaherty Mark L. Ostrovsky Robert C. Mendelson, Catherine Norman Keuthen Paul R. Sidel Hon. Maurice R. Flynn Kathleen King Parker Co-chair Sandra Belcher Kramer Alan I. Silberberg Kevin P. Glasheen C. Stephen Parker Jr. Gary B. O'Connor, John R. Lemieux Hon. Mark W. Vaughn Anne M. Goggin George E. Pember Co-chair James H. Lerner Wendy S. Harrison Marcia Allara Peraza Mark J. Albano Janet H. Magenheim Bruce A. Haverberg Francine B. Pinto Marguerite Marie Andro Michael F. Magistrali Martin R. Healy Kenneth S. Prince Hon. Paul J. Barbadoro Jeffrey R. Marrin

SPRI NG f SUMMER 2006 Be LAW M AGAZINE S7 [ R EUN IO N R E P 0 R T

James E. McDermott 1985 William P. Lee Maryellen P. Sowyrda Jennifer L. French Richard G. McLaughry Class Gift Total: $14,390 Elizaberh J. Lenrini Deborah S. Sreenland Marilyn French Roben M. Mendillo Participation: 27% Wendy B. Levine Jane E. Sullivan Roger L. French Andrew A. Merrill Frank A. Lombardi Michael A. Sullivan Thomas A. Giaccherro John N. Monralbano Ann F. Pauly, Chair Anne Cushing Magner Ann Nicholson Townes Jessica D. Gray Roben S. Murphy Nancy A. Armsrrong Jill L. Marsumoro Karen Barrios Vazquez Thomas H. Hayman Chrisropher B. Myhrum Chrisropher A. Bandazian T. Nicole Mauro Daria A. Venezia Chanral M. Healey F. Thomas O'Halioran Dianne M. Baron James G. McGiffin Jr. Karen Mendalka Hoerrner David J. Oliveira Julie Johnsrone Bernard Lisa M. McGrarh Mark Damian Hoerrner M. Lawrence Oliverio Paul E. Bouron David A. McKay 1990 Rebecca A. I vry Michael J. Owens Susanna C. Burgerr Perer M. Michelson Class Gift Total: Adolfo E. Jimenez James F. Raymond Srephen A. Caldara David T. Miele $100,650 Walrer E. Judge Jr. Michael Roirman Barbara A. Cardone Tracy A. Miner Participation: 36% Seong Soo Kim William A. Rora Michael J. Caralfimo Randolph T. Moore William S. Landay Mary M. Rudser Roberr Earle Cleaves Laura A. More Joseph P. Curtin, Co-chair Jeffrey Michael Lovely Diane B. Rya n Mark C. Cowan Michelle A. Mullee Dennis E. McKenna, Michele C. Lukban Linda J. Sanderson Josephine Ragland Darden Carol G. Mullin Co-chair Joni Karz Mackler Louise Sawyer Judirh A. Davidow Irene Norron Need Martin]. Pasqualini, Mary Ellen Mahoney Hon. Roberr N. Scola Jr. Melissa M. Der Frirz Neil Co -chair Hildrerh J. Maninez Douglas D. Scorr Marguerire Dorn Michael F. O'Friel Oliver F. Ames Jr. Raul E. Maninez Larry G.]. Shapiro Srephanie G. Furgueson Susan Anronio Pacheco Timorhy F. Anderson Lourdes Marrinez-Esquivel Winrhrop A. Shorr Jr. Paulerre A. Furness jonarhan W. Painrer Rhonda Beninari Alicia Mawn-Mahlau john A. Sirico Ronald T. Gerwarowski Robin A. Painrer Ivelisse J. Berio LeBeau Sam A. Mawn-Mahlau Debbie-Ann Sklar Roberr J. Gilson Margarer J. Palladino Allison F. Blackwell Kevin]. McCaughey Dana J. Sr. James Carolyn D. Greenwood Lisserre M. Palma Kennerh Reardon Brown Kevin M. McGinry Frederick J. Srichnorh David A. Grossbaum jennifer Parks Sreven L. Brown Maura K. McKeever Mark W. Srockman John A. Guarascio Rodolfo Pirraluga Jr. Paul Buchanan Lorenzo Mendizabal Alan R. Srone joseph M . Hamilron Perer B. Regan Timorhy J. Byrne Angela Hoover Morrison Marc A. Thibodeau Cynrhia Kaluza Hem Gerard P. Richer Thomas M. Camp Richard B. Morse Helen Avila Torino Roben D. Hoffman Michael J. Richman Richard E. Cavanaugh Rosemary E. Mullaly Alan R. Tousignanr Maria Hickey Jacobson Jeremy Rirzenberg David Mirchell Chernek Yverre K. Mullaney John Michael Tucciarone Karen V. Kelly Judirh Duker Rosenberg Paula G. Curry Colleen M. Murphy Phillip L. Weiner Brian G. Kim Susan Maze Rorhsrein Roben M . Daniszewski Hugh Murray Srephen J. Wesrheimer Grace H. Kim Michael L. Roy Mark DePillis Parricia E. Muse Sreven A. Wilcox Norman A. Kurcher Sharon R. Ryan Monique D. Donovan Mary Ellen Narale Nancy R. Wilsker Sandra S. Landau Margarer S. Schambach Parrick Donovan Aaron Marrin Nisenson Dion C. Wilson Renee M. Landers Lloyd Ellior Selbsr Bonnie Belson Edwards Deirdre O'Connor Quinn Gene Anrhony Lanza Jr. Anne Tucker Shulman Srephen E. Ferrucci Terrance P. O'Grady Bradley R. Larschan La ury P. Sorensen Roben P. Fox Karhleen O. Pasqualini

58 Be LAW MAGAZINE I SPR ING I SUMME R 2006 Michelle R. Peirce 1995 George H. Harris Andrew Thomas Savage Susan Flanagan-Cahill Stephen Joseph Pender Class Gift Total: $35,833 Michael Cory Hochman Ingrid C. Schroffner Kristin C. Garvin Maribeth Petrizzi Participation: 23% Bradley Aaron Jacobson Mathieu Shapiro Meghan Grace Hannigan Katherine Pick Perera Richard Noah Kahn Catherine Sheehan John N. Haynes Jeanne Donovan Porter Anita Louise Meiklejohn, George N. Kasparian Kimberly Kirsten Short Christopher B. Kaczmarek Diane Bunt Power Co-chair Nina Ellen Keaney Jonathan M. Silverstein Scott S. Mazur Frank T. Ravinal Philip Privitera, Co-chair Pamela M . Keith Shaun B. Spencer Allison Marie McCarthy Amy Dwyer Ravitz Newell Avery Augur Jennifer E. Kerasvuori Paul Testa Erin E. McLaughlin Karen Marie Reetz Bryson J. Barrowclough Karen Lane Robert W. Turk Kristen Shea McLean Dawn Marie Rich Kristen O. Barrowclough Sandra Lespinasse Andrew F. Upton Danielle L. Meagher Joshua D. Rievman David William Brown Jylene Marie Livengood John Manuel Vinagre Joseph Justin Mueller Maria C. Rodriguez Mark A. Burnham Pamela B. Lyons Richard Joseph Wall Suzanne Schaming Oliver Steven M. Roses Christopher A. Callanan Peter Nicholas Mcisaac Thomas David O'Shea Lori A. Rutledge Daniel T. Cavarello Joseph P. Mingolla Morgan Parke Deborah C. Segal John A. Cecere Lisa Nalchajian Mingolla 2000 Jason P. Pogorelec Natalie Anne Seto Robin C. Cecere Elizabeth Madden Mirabile Class Gift Total: $4,886 Elizabeth M. Pyle Laura Ryan Shachoy Jonathan E. Cohen Paul Morenberg Participation: 12% Jeffrey]. Pyle Brenda Ruel Sharton Lisa M. Cohen Seema Nanda Rebecca O'Brien Radford Amy Snyder Weed Carolyn Anne Dizon Dana Ng Cleora S. Anderson, Elizabeth Marie Reilly Charles Lorin Solo mont Susan Christine Ellison Susan]. Nock Co-chair Jennifer M. Riordan Nancy L. Sommer Rebecca H. Ethier John D. Norberg Kevin M. Meagher, Co-chair Joseph Edward Ruccio Daniel C. Stockford Scott Carter Ford Lisa M . Ortiz Ashley E. Arroyo Stacey Nicole Schmidt I1eta A. Sumner Scot Edward Gabriel Robert Michael O'Shea Kathleen Benway Dr. Diana M. Steel Kathi Maino Turner Glenn Gates Denise Ann Pelletier Ossie Borosh Jennifer Madden Urbano Michael D. Wallace Jonathan Gelber Barbara Ann Helm Peters Mary Liz Brenninkmeyer Ingrid White Laurence Graffman Wenglin Brett M. Goldberg Brian R. Popiel Eric Chodkowski Steven P. Wright James M. Wilton Joshua S. Goodman Ana M. Rivera Julia K.M. Conlin Victoria Lyn Grady Vanessa Robinson Karen Patricia D' Antuono Christopher D. T. Guiffre Steven Marc Rosenthal James P. Dowden David Hammer Papu Sandhu James Bradley Eldridge

S PRI NG I SU MM ER 2006 I Be LAW M AGAZ INE 59 [ I N CLOSING]

Father I(nows Best

A daughter finds her calling in law school

by Joyce Koo Dalrymple '06

kay, maybe Dad was right about this one. With many interests, but no one outstanding passion, I had always questioned my vocation. When my father first suggested that I should become a lawyer, I was too devoted to journalism to listen. After two years as a television reporter, however, and after much exhaustive soul-searching (the details of which, I promise, would bore you), I finally relented to his fatherly wisdom, took the LSAT, and enrolled at Boston College Law School. I was twenty-seven and, frankly, still uncertain whether I was in the right place. The first set of grades hardly helped matters. Like most BC Law students, I had performed well in college, but when first-year grades arrived I felt foolish to think I could succeed here as well. I told Dean John Garvey I doubted whether I could be­ come a lawyer, or even wanted to. He was, to my surprise, neither shocked nor offended. He simply shared how he, too, had felt doubt and inadequacy at certain points throughout his career. Instead of thinking less of me as a law student, he related to me as a human being, and showed how such ques­ Project was deeply rewarding, as we helped a Somali tions are a necessary part of the human journey. client win asylum after his family was murdered by At BC Law I have learned that my grades do not a rival tribe. My faith in God's love of all people, no define me, that my performance is not my worth. matter how great their suffering, gave me the emo­ While certain legal employers primarily measure their tional capacity to attend to his story without despair, applicants by a threshold of grades, the faculty and and my faith in God's love of justice gave me the staff have genuinely cared for me as a whole person. strength and determination to be an effective advo­ They have also taught me much about vocation. cate. At BC I learned that I could not and should It is not merely that I must "maintain" my spiritual not divorce my deepest beliefs from the work to life in the midst of my professional life, but that my which I am called. spiritual values and convictions pervade my everyday The third and perhaps the most important lesson work, guiding and giving purpose to my professional of my three years at BC Law, however, is the joyful pursuits. I found I could not devote myself to my necessity of drawing strength, courage, and life studies without knowing that the goal I pursued was from community and friendship. In the midst of worthy of such devotion. The values of the Jesuit eating lunch in the Commons, laboring through mission here, of being "men and women for others" meticulous journal duties in the library basement, and cultivating a "faith that does justice," showed and hanging out in the Christian Legal Society me the worthiness of the right practice of law. office between classes, I have forged deep and My work with the BC Immigration and Asylum (continued on page 53)

60 Be LAW MAGAZINE I SPRI NG I SUMMER 2006