National Italian American Bar Association Fall 2014 NIABA News Men and women sharing a common heritage in a chosen profession

BOARD OF DIRECTORS President We Can Agree and Disagree Dino Mazzone By Dino Mazzone Executive VP NIABA President P. Charles DiLorenzo Regional VPs Washington, DC. A rabid Daniel Elliott fan of House of Cards, and New England a self-diagnosed political junkie, I can tell you from Joseph Sena personal experience that the Mid Atlantic nation’s capital is simply a Paul Finizio most captivating venue – South particularly in autumn. Yet the capitol is an enigma of sorts. It Carol Ann Martinelli is home to some of the world’s Midwest best museums, incredible Damian D. Capozzola architecture, and is the seat of West power for these great United States of America. Kevin Spacey’s character in House of Cards, the ominous Frank Underwood, Treasurer derisively offers his commentary on the various politicos that swarm the capitol: “proximity Sigismondo Renda to power deludes some into thinking they wield it.” It is this side of coin – the cynicism, the Secretary disconnect, and the place where the nation appears trapped in endless debate and disagreement and Peter Balistreri which has fueled considerable discontent with Americans of all political stripes – that represents the dichotomy of Washington, DC. Historian Prof. Peter Previte Italian-American lawyers in the National Italian American Bar Association fully understand the Imm. Past President benefit of constructive debate and disagreement. Italians are understood to be expressive. Growing Frank Joseph Schiro up in Italian , so many of us were encouraged to have and share our opinions with our parents, our siblings, our relatives, and our friends. And share we did. Those famous Sunday Directors lunches, the great big Italian weddings, the impromptu get-togethers – Italians love a good argument Louis R. Aidala (NY) and they are passionate in their beliefs. Couple this natural enthusiasm for good dialogue with the Claire Ambrosio (CA) formal training required to be a lawyer and you’ve got one helluva combination. Philip Boncore* Cirino M. Bruno (NY)* And in NIABA, while we do let our voices be heard and have had our moments of heated Lorraine Corsa (NY) conversation where differing positions have been brought before the organization, we also Francis Donnarumma (CT) understand the fundamental need to find compromise, to respect each other, and to find value in Joseph D. Frinzi (WI) opposing views. NIABA has done this successfully for more than 30 years. It is why so many of Joseph M. Gagliardo (IL) us are committed to our mission statement, to our long-term viability and, ultimately, to each Hon. Joseph Giamboi (NY)* other. And there is no greater victory than winning your argument by bettering it with the input Anthony Gianfrancesco (RI)* and effective criticism of those who were initially inclined to disagree with you. That is Sally Ann Janulevicus (MA) quintessentially Italian. Prof. Robin Paul Malloy (NY) Thomas Mazziotti (GA) NIABA will be in Washington, DC for the Fall Meeting of the Board of Directors of our James Michalski (CA) organization, to take place from October 23 to 26, 2014. A full itinerary of our events is available at Raymond A. Pacia (RI)* www.niaba.org. We invite you to join us for lively conversation and a glass of wine. And while we John C. Sciaccotta (IL) may, at some point in our discussion, disagree, I can assure you that the experience will never be Daniel J. Stallone (FL) disagreeable. Ci vediamo!! Hon. Paul Victor (NY) *Past president NIABA Members Hit the Sand in Fort Lauderdale

NIABA held its Spring Meeting of the Board of Directors of the organization from May 15-18, 2014 in Fort Lauderdale, Florida. The weekend was an incredible success and included "NIABA Day" as formally recognized by Florida's Broward County Commissioner Chip LaMarca. The meeting's phenomenal success was due, in large part, to the amazing efforts of NIABA Board member and Florida attorney Paul Finizio. Paul was a fantastic host and treated us to a wonderful weekend. Grazie Paul!

NIABA News • Fall 2014 • page 2 NIABA News • Fall 2014 • page 3 The Italian “Mediation Explosion” Will Mandatory Mediation Work? By Clara Flebus, Esq. can be generally beneficial, In 2009, the Italian Parliament caused a quick proliferation of even if mandated. Mediated delegated legislative power mediation centers throughout In recent years, mediation has cases have a higher rate of to the Government – the the country. Indeed, the become widely acknowledged settlement than cases that Italian executive branch – to number of the centers grew as an effective method of from 37 in 2008, to 843 resolving disputes. Not only is in April 2012. Mediation mediation faster and cheaper proceedings also experienced than litigation, but it enables an unprecedented boom. parties to a dispute to find More than 90,000 requests for creative solutions that could mediation were filed between not be achieved in court. March 2011 and March 2012. Mediation is also viewed as However, the number of the an efficient way to relieve mediations actually carried out trial court docket congestion. was smaller, since there was Domestic courts in many no obligation for the defendant jurisdictions, for example to attend the process. By the New York, have the power end of October 2012, over to refer cases to mediation, 130,000 disputes had gone irrespective of the parties’ were never sent to mediation, prepare a new mediation through the mediation process. consent. Following this trend, and there is a greater rate of law implementing the EU About 50% of those cases Italy completely overhauled compliance for judgments Directive. The Government were successfully mediated. its mediation law in 2010, in achieved through mediation fulfilled that mandate by hopes of reducing a whopping than for judgments resulting issuing Legislative Decree Push Back By the Italian Bar 5.4 million national backlog of from litigation. In Italy, the no. 28 of March 4, 2010, The mediation reform court cases and shortening the effectiveness of mandatory which went beyond voluntary sparked a heated debate average eight-year duration of mediation will be evaluated mediation and provided among members of the public civil and commercial matters. during a four-year period that for mandatory pre-trial and lawyers. The business While the new law was held began in September 2013. mediation in a variety of community reacted positively unconstitutional and quickly civil and commercial cases, to mandatory mediation, replaced by a modified but The Mediation Reform including: condominium; viewing it as a way to reduce similar statute, the reform By way of background, the property; inheritance; the risk of getting mired in has caused an explosion European Union issued a agreements; tenancy; loans; lengthy litigation. Supporters of mediation proceedings Directive on mediation in business leases; damages of the mediation law argued throughout the country. 2008, for the purpose of for medical malpractice; that notorious delays in Italian promoting and facilitating defamation; automobile civil proceedings cost the The current Italian mediation access to mediation of cross- accidents; and insurance, country approximately 16 law provides for mandatory border disputes in its Member banking and financing billion Euro, and contributed mediation. The concept that States. Among other things, agreements. The decree to Italy’s drop to 158th parties may be compelled the EU Directive provided that defined mediation as a process ranking in the World Bank to mediation, either by the each State enact legislation guided by a neutral and Doing Business Report. By court or as a pre-condition giving judges the right to impartial third party, aimed at contrast, the law was strongly to bringing a lawsuit, is invite parties to engage in resolving a dispute by reaching opposed by members of the controversial because it mediation at any stage of civil an agreement between the legal profession, who saw it appears to undermine the and commercial proceedings, parties. It also provided that as a potential threat to their basic principles of the if deemed appropriate. mediation must take place in livelihood. Italy’s national mediation process, that is, self- Although the EU Directive professional and independent lawyers union, the “Organismo determination, voluntariness, addressed only cross-border mediation centers that are Unitario Avvocatura,” called and collaboration in finding disputes, it did not prevent listed on a roster maintained for a national five-day strike in creative ways of resolving a Member States from applying and controlled by the Italian March 2011. The union asked dispute by addressing each its provisions to mediation Ministry of Justice. lawyers across the country not party’s underlying concerns. in the context of domestic to appear in court for any civil, Nonetheless, empirical litigation. The mandatory mediation criminal, tax, or administrative studies show that mediation provisions of the Italian decree proceeding, and to send letters Continued on next page

NIABA News • Fall 2014 • page 4 Mediation continued from page 4 to their clients asking them to new statute, entitled “Urgent party rejects the proposal, or public policy. In addition, sign a petition protesting the Measures to Stimulate the the attempt to mediate is lawyers must draft and sign new law. A country-wide strike Economy,” became effective deemed to have failed and the minutes of the mediation led to the closing of Italian in September 2013. It provides any party may commence meetings. The statute also courts for several days. for mandatory mediation an . However, if the helps lawyers by giving them of certain disputes for an judicial decision ends up being preferential treatment as Italy’s Constitutional Court experimental period of four the same as the mediator’s mediators. Indeed, lawyers are Strikes Down the Law years, during which the qualified to act as mediators The explosion of mediation effectiveness of implementing and may serve in cases proceedings came to a sudden mandatory mediation will The statute also helps involving practice areas in halt in October 2012, when, be evaluated by the Italian lawyers by giving them which they are competent, upon a challenge to the Ministry of Justice. provided they attend mediation preferential treatment constitutionality of the decree, training. By contrast, non- the Constitutional Court The statute creates a new as mediators. Indeed, lawyers who wish to become ruled that the Government scheme for regulating lawyers are qualified mediators must attend a class had exceeded its legislative and promoting the use to act as mediators and pass a professional exam authority by making mediation of mediation in civil and and may serve in cases to obtain the qualification of a mandatory pre-condition commercial matters. Under involving practice mediator. to trial in certain matters. the statute, parties who areas in which they The Court held that the participate in mediation Conclusion Parliament had not granted are not forced to reach an are competent, The Italian statutory scheme the Government specific agreement. The statutory provided they attend attempts to strike a balance authority to provide for scheme provides for three mediation training. between voluntariness and mandatory mediation. As types of mediation: voluntary, coercion. It provides that such, the decree was declared judicial, and mandatory. In the certain classes of disputes unconstitutional on the ground first instance, parties are free proposal, the court will not must undergo mediation. that the Government had failed to resort to mediation in any award the winning party However, the parties are not to abide by the guidelines civil or commercial dispute. all costs and expenses, as it coerced to reach an agreement received from the Parliament Second, a judge may order normally would, if that party within the mediation process, for drafting the mediation law. the parties to mediate at any had previously rejected the and can always litigate in Notably, the Court did not stage of the proceedings, even mediator’s proposal. Instead, court if mediation fails. pass on the issue of whether in cases where mediation is the court may even direct the Although conclusions about mandatory mediation could not mandatory. Third, the winning party to pay the costs the effectiveness of mandatory be introduced in the Italian statute provides for mandatory and expenses of the losing mediation will be drawn at legal system or whether it mediation of certain disputes, party. the end of the experimental would violate the right of as a condition precedent to period, it seems safe to assume access to justice guaranteed bringing a lawsuit. The list of The Role of Lawyers that mandatory mediation will by the Constitution. The Court disputes in which the parties During the legislative process, increase awareness and the held, however, that the EU are required to mediate before members of the Italian bar usage of mediation services Directive on mediation did not going to court has been strongly advocated for a in Italy because it provides prevent national legislatures narrowed down compared to requirement that parties in an opportunity to experience from adopting mandatory the prior decree. For example, mediation avail themselves of the benefits of mediation to mediation. disputes arising out of legal counsel. As a result, the those individuals who would automobile accidents are now current statute provides that not otherwise use mediation A New Mediation Statute exempted. parties must be represented voluntarily. In the aftermath of the by lawyers during all stages Constitutional Court ruling, As an incentive to participate of the mediation process. Any Clara Flebus is a NIABA the Italian Government rushed in mediation in good faith, agreement reached by the member and an Appellate to prepare a new law on the statute provides that if parties will not be immediately Court attorney in New mandatory mediation, which, no agreement is reached, enforceable unless it is signed York State Supreme Court. this time, was enacted by Law the parties may ask the by the parties’ lawyers, who Ms. Flebus assists in the Decree no. 69 of June 2013, mediator to render a non- are responsible for making disposition of international utilizing the Government’s binding proposal to resolve sure that the agreement arbitration related matters power to legislate in the dispute, which the parties does not contain provisions before the specialized part of emergency situations. This may accept or reject. If a contrary to mandatory law the Commercial Division.

NIABA News • Fall 2014 • page 5 Notes from the NIABA Office

How to Reach Us NIABA Brochures should reach out to, please Not only will we save the NIABA administrator Dana An electronic version (PDF) contact the NIABA office and cost of printing and mailing, Robb is available at 414- of the NIABA membership we will mail brochures to the as well as the environmental 750-4404 or dana@barefoot- brochure is available at organization you recommend. resources, you’ll also get your marketing.com www.niaba.org/brochure. We newsletter sooner and be able encourage you to share the * * * * * to take better advantage of the * * * * * brochure with anyone who information and resources we Make Sure offer in each issue. might be interested in joining We Can Find You Member Logo Available NIABA. For hard copies to It's easy to distribute to your colleagues If you received this newsletter * * * * * in the mail, it may mean we show your or group, please contact the Dues Due Soon NIABA NIABA office. do not have your current affiliation on email address. Please help us, NIABA dues renewal will your firm's * * * * * help yourself, and help the begin December 1st. Members environment by providing will receive notification website or Member marketing Reaching Out updated contact information. electronically. You can pay materials. Contact the NIABA to Law Students Log into your profile on the your dues online via Paypal, office and we will send you a NIABA membership is free NIABA website at www. or by check to the NIABA file that is suitable for online for law students and first- niaba.org and make sure we office. Watch for your renewal or print use. year attorneys. If you know have your correct contact notice so you don't miss any of groups or events that we information, especially email. of your NIABA benefits! * * * * *

Member News Balancing the Musical Scales Leonardo Lucchi, a partner in O’Malley, Miles, Nylen & NIABA Board member Ray Gilmore of Calverton, Maryland, has been elected to a two- Pacia has found time during year term as President of the Maryland Government Relations the past 10 years to balance the Association. scales of music by attending the * * * * * Umbria Jazz Clinics in Perugia, Silvano D. Orsi chaired the Abruzzese Festival in Rochester, Italy. Because of his passion for NY in August. The festival was a fundraiser in support of the playing jazz piano and things Open Door Mission, Catholic Family Center, and Alternatives for Italian, Ray enrolled in the two- Battered Women. week program for his summer vacation in 2005, and he has returned every summer since. * * * * * Krista Peckyno was appointed in-house counsel at The Denali Approximately 250 musicians, mostly Italians but others from Group’s Pittsburgh office. The consulting firm specializes nearly 15 countries, focus on intensive jazz courses taught in in outsourced procurement services. She has also recently Italian during the two week program by about 10 engaging been appointed to the Executive Women’s Council of Greater Berklee music professors, each equipped with an in-class Italian Pittsburgh, and was nominated for a Young Professional interpreter. The clinics culminate in the student jazz ensemble ATHENA Award. concerts performed during the final two days. * * * * * Ray explains “For me, it’s a great groove. I love Italy, the food, Shari-Lynn Cuomo Shore received the Connecticut Law the language, the culture, the history, the architecture. At night Tribune’s New Leaders in the Law 2014 award. The award we attend the jazz festival concerts where people like Herbie recognizes the region’s most promising up-and-coming lawyers Hancock, Chic Corea, Pat Martino, Tony Bennett and other great who have wielded influence in their practice areas in the region musicians perform.” and beyond. * * * * * “It’s a real melting pot experience. A lot of magic is resonating in Perugia during the first two weeks of July," says Ray, who has Send your news to NIABA Administrator Dana Robb at dana@ recorded his concert performances onto his first CD appropriately barefoot-marketing.com. We will use items as space permits. entitled Balancing the Scales.

NIABA News • Fall 2014 • page 6 In Memory Hon. Domenic J. F. Russo the 1997 interview. “If you passing the bar exam before “I hope my legacy is not that perform well, I’ll know you’re graduation day. I was an easy judge or even responsive. If you don’t, I’ll a fair judge, but that I was a know how severe to be in After a decade in private prac- good judge,” Judge Russo told judgment.” tice, he was appointed first the Globe in 2002. assistant clerk magistrate of Judge Russo, who after reach- Brookline Municipal Court. When Judge Russo stepped ing the retirement age for In 1980, he was appointed an down from the bench upon judges served as chairman of associate district court justice. reaching 70, he was not ready Judge Domenic Russo was a the Public Employee Retire- Over the next 14 years, he to stop working. “If you knew member of the NIABA Board ment Administration Commis- served as a managing justice anything about my dad, you of Directors for many years. sion, died in Massachusetts or a first justice in Milford, knew that wasn’t possible,” He passed away on May 25, General Hospital of complica- Lynn, Lawrence, and Peabody David said. 2014. The following article tions of a stroke. He was 82. before moving to the first jus- is excerpted from the Boston tice position in East Boston. At the time of his death, Judge Globe. For the complete piece, “From my perspective, my “He used to say, ‘Have gavel, Russo was serving his third visit www.bostonglobe.com. father was the consummate will travel,’ ” his son said. consecutive term as chair- orator, the consummate lead- man of the Public Employee By Bryan Marquard er,” said his son David. “He Having initiated computer use Retirement Administration really enjoyed getting up there for data and dockets in his dis- Commission, which oversees As he sat in judgment in East and pulling people together trict courts, Judge Russo also public pension funds in Mas- Boston District Court, First through speech.” taught courses in colleges and sachusetts. Justice Domenic J. F. Russo at through legal organizations, times leveled a steely gaze at In later years, Judge Russo and he served as an officer in “He worked 30 hours a week defendants. was a board member of the organizations for judges. In at 82,” David said. “There was West End Museum, which 2001, he received an award for no such thing as retirement “When I just look sternly,” he honored him last fall as part of excellence from the Massachu- with my father.” told the Globe in 1997, “I can its Italian heritage month. setts Judges Conference. see how it affects individuals, who glance down and are em- On personal and political barrassed.” levels, oratorical agility was a family trait. Judge Russo’s Looking much like the foot- father had served as a city Columbus: ball lineman and boxer he councilor and election com- once was, Judge Russo could missioner in Boston. Like his Fact vs. Fiction be imposing without trying, son the judge, Joseph Russo Excerpted from a study pub- The Smithsonian Institution which helped convey how seri- could tamp down discord with lished by the Order Sons of in Washington, D.C. dates the ously he expected defendants a glance. “He just had to look Italy in America, Commis- map’s parchment to around to take his instructions as he at me, and I would comply,” sion for Social Justice. For 1434 A.D. – nearly 60 years crafted sentences that steered Judge Russo said in the Globe the full report, visit http://bit. before Columbus’ first voyage. some of them clear of jail. He interview. “The unspoken ly/1mvOOtz. But when researchers at Lon- was instrumental in launching word. He didn’t have to say don’s University College used an East Boston drug court that much.” Fiction: Columbus did not a laser technique to test the required offenders to undergo discover the Americas, the map’s ink, they found it con- intensive treatment and close At 17, Judge Russo enlisted Vikings did. tained a chemical substance supervision for petty crimes. in the US Naval Reserve and In 1950, a map surfaced in called anatase, which was not served more than 30 years that shows the “Island synthesized until 1923, prov- Judge Russo was just as inno- before retiring as a lieutenant of Vinland” in the northwest ing that the map is a forgery. vative in how he treated some commander. Atlantic Ocean. The map’s text juvenile cases. in Medieval Latin explains that Did Columbus “discover” He graduated in 1953 from Leif Erickson and his Vikings America? In every significant “I’ll sit in judgment, and I’ll Boston University with a bach- found Vinland in the year 1000 way, he did. Even if others vis- determine if you are respon- elor’s degree and in 1956 from A.D. sive to authority,” he said in the university’s School of Law, Continued on next page

NIABA News • Fall 2014 • page 7 Columbus fice of their own for his friendship with Colum- continued from page 7 women and chil- bus. His village was burned; dren as well as of he was wounded in battle and ited the continent sporadically prisoners of war. fled to the mountains where he before he did, their voyages died. had no historical significance. Such practices horrified the Fiction: Columbus Columbus’ voyages, however, Spanish and committed genocide marked the end of thousands caused them to The destruction of the na- of years of isolation between look down on tive populations of North and the Western Hemisphere and native cultures. In South America over the cen- the rest of the world. The re- fact, the Spanish turies is a complex historical corded history of the Americas arrival in the New tragedy. No one knows exactly and the Caribbean starts with World was the how many people were here Columbus. decisive factor when the Europeans arrived. that eventually The numbers vary from 8 Fiction: Columbus found ended human million to 145 million. Many sophisticated native civiliza- sacrifice and researchers believe the number tions cannibalism there. to be around 40 million. Most of the native tribes Co- lumbus found were hunter- Fiction: Colum- Columbus made four voyages gatherers who engaged in bus was a racist to the Caribbean in a twelve- bloody tribal wars and, in the No evidence in- year period (1492-1504), case of the Arawaks, Caribs that all his men had been dicates that Columbus thought spending from only seven and Canibs, slavery, torture massacred by another Taino the islanders he met were ra- months to two years and nine and cannibalism. tribe. Columbus and his men cially inferior in any way. months (including the year he fought with these Indians, was shipwrecked on his fourth To survive, the native popula- capturing about 2,000 and In fact, in the journal of his voyage.) It is inconceivable tions depended on “slash-and- in 1495, sent 500 of these first voyage, Columbus de- that he could have killed mil- burn” cultivation of the land prisoners of war (POW) to scribes the Tainos and other lions of people in so short a along with hunting, fishing and Spain to be sold as slaves, as tribes as “well-made with fine time. collecting edible wild plants, was the custom in 15th century shapes and faces... their eyes seeds and shellfish. They had Europe. He sent another 30 were large and very beautiful... Responsibility for the deaths no written language, history or Indian POWs to Spain the straight-limbed without excep- of many thousands of natives literature. In their struggle for following year, but the Spanish tion and handsomely shaped.” can justly be attributed to the survival, these peoples were monarchs ordered him to stop He praises their generosity, Spanish conquistadors and not the champions of the en- the practice and he never again innocence and intelligence, other Europeans who followed vironment that they are often sent Indians to Europe to be saying they could “readily be- Columbus here. But even in portrayed as today. sold as slaves. come Christians as they have a this case, since there were good understanding.” more natives than Europeans, Fiction: Columbus was a It is important to note that the loss of millions of lives slave trader slavery was not unique to Initially, Columbus had friend- could not have been caused Columbus never owned any Europe. Columbus found it ly relations with the five Taino by the Spaniards’ warfare and slaves or brought any to the practiced in the Caribbean by tribes he met during his first forced labor alone. Western Hemisphere from the Caribs and Canibs who voyage. These relations soured Africa. During his first voyage made slaves of the tribes they with four of the five tribes af- In fact, most of the native in 1492, Columbus landed on conquered and also ate their ter he found the colony of men populations perished because the island of Hispaniola (now victims. (Hence the word he had left behind in the fort they lacked immunity to such Haiti and the Dominican “cannibal”.) Navidad had been slaughtered. diseases as small pox, typhoid Republic). There, with the help and diphtheria as well as the of a tribe of friendly Taino Later Spanish explorers in He became good friends, how- non-fatal childhood diseases Indians, he built a fort called Mexico and Central America ever, with one tribe of Tainos of measles and mumps that Navidad and left 40 of his found that even the more led by Chief Guacanagari, who they caught from the Spanish crew there when he returned to advanced civilizations of helped Columbus build his fort explorers. These diseases were Spain in January 1493. the Aztecs, Incas and Mayans and fought alongside Colum- not transmitted deliberately kept slaves. These civilizations bus against the Taino tribes and cannot be considered a On his return to Hispaniola in also practiced torture, ritual that wanted to kill the Europe- tool of genocide. Scholars es- November 1493, he learned murder and the human sacri- ans. Guacanagari paid heavily Continued on next page

NIABA News • Fall 2014 • page 8 New Book An Italian Philosopher & the American Revolution Cesare Beccaria, published On Beccaria inspired America's story of the American Revo- Crimes and Punishments, a founders to jettison England's lution: Madison's Princeton runaway bestseller that shaped Bloody Code, heavily reliant classmate William Bradford, the Declaration of Indepen- on executions and corporal an early U.S. Attorney General dence, the U.S. Constitution, punishments, and to adopt the and Beccaria devotee; John and early American laws. penitentiary system. Dickinson, the ''Penman of America's founding fathers, in- the Revolution'' who wrote of cluding early U.S. Presidents, The cast of characters in Beccaria's ''genius'' and ''mas- avidly read Beccaria's book—a The Birth of American Law terly hand''; James Wilson and product of the Italian Enlight- includes the usual suspects— Dr. Benjamin Rush, signers enment that argued against George Washington, Thomas of the Declaration of Inde- tyranny and the death penalty. Jefferson, John Adams and pendence and fellow Beccaria James Madison. But it also admirers; and Philip Mazzei, Beccaria's book shaped Ameri- includes the now little-re- Jefferson's Italian-American can views on everything from membered Count Luigi Casti- neighbor at Monticello and yet free speech to republicanism, glioni, a botanist from Milan another Beccaria enthusiast. The Birth of American Law: to ''life, liberty and the pursuit who—decades before Alexis An Italian Philosopher and the of happiness,'' to gun owner- de Tocqueville's In documenting Beccaria's American Revolution by John ship and the founders' under- in America—toured all thir- game-changing influence, D. Bessler tells the untold sto- standing of ''cruel and unusual teen original American states The Birth of American Law ry of the origins of U.S. law. punishments,'' the famous before the 1787 Constitutional sheds important new light on phrase in the U.S. Constitu- Convention in Philadelphia. the Constitution, the Bill of Before the Revolutionary War, tion's Eighth Amendment. In Rights, and the creation of a 26-year-old Italian thinker, opposing torture and infamy, Also figuring in this dramatic American law.

Columbus, continued from page 8 timate that 80% of those who few lived past age 40. The na- These imports led to improved They also did what the Az- died were infected without tive populations gave the early farming methods, greater di- tecs, Mayans, Incas and many ever seeing a white man. explorers syphilis, which they versity of crops and a more North American Indians did in brought back to Europe. dependable food supply that the Americas. “The Iroquois Tragic as this epidemic was, it benefited the native popula- Federation in North America bears remembering that, prior Clearly, blaming Columbus for tions. Perfected over the centu- subjugated so many Indians,” to the Europeans’ arrival, the the extermination of the native ries, they have helped make writes Richard Gambino, “that Western Hemisphere was no populations is as fair as blam- the nations in the Western historian Francis Parkman Garden of Eden. New medical ing the native populations for Hemisphere a significant calls them ‘the Romans of the research on pre-Colombian killing people who die from source of food for the world. New World.’” But Columbus mummies in Peru, Chile and using tobacco and cocaine, himself had no part in this. remote areas far from the early which the natives introduced Fiction: Columbus and European colonies reveals that to the Europeans. other Europeans stole the It is worth pointing out that the tuberculosis, long thought Eu- native's land Europeans brought consider- ropean in origin, was rampant Fiction: Columbus destroyed A sad fact of human civili- able benefits to Latin America. among Indian tribes before the the balance between man zation is that powerful na- Their arrival gave the entire arrival of Columbus. and nature tions usurp the land of the continent a common language. Columbus and the other Euro- vanquished. The Spanish In North America, land taken Arthritis, periodontal disease peans brought with them Old conquistadors who followed from the Iroquois and other and significant bone erosion World agricultural techniques, Columbus in the 16th and 17th tribes eventually became the also afflicted the native popu- including crop rotation and centuries were establishing an United States, a haven for the lations well before the voy- animal breeding. They also in- empire through military con- poor and oppressed from all ages of Columbus and other troduced new tools (including quest. They did what , over the world, who find op- Europeans. Most adults, only the wheel) as well as new Persia, Rome and China did portunities and freedoms here in their 20s and 30s, had ter- plants and domesticated ani- before them in the Middle that their countries deny them. rible teeth or none at all. Very mals, including the horse. East, Europe and Asia. It all started with Columbus.

NIABA News • Fall 2014 • page 9 Affiliate Highlights

Connecticut Italian is the Director of Religious On July 23rd, the group hosted * * * * * American Bar Services for the Connecticut Power of Persuasion Night. Association Department of Correction. IALA welcomed Decision- Justinian Society of Lawyers, Chicago On May 21st, the Connecticut Father Bruno also serves as Quest CEO Phil Anthony, USC Italian-American Bar Associa- CIABA’s Chaplain. Psychology Professor Miranda During Judge Robert Ber- tion (CIABA) held its annual Barone, and actor Vincent tucci’s term as president, the “Festa della Primavera” at * * * * * Spano to share some outside- group held a very successful the Quinnipiack Club in New the-box ideas on effective per- scholarship dinner. The Soci- Italian American Bar suasion in the courtroom and ety was able to grant $36,000 Haven, CT. Keynote speaker Association of Michigan Justice Lubbie Harper (Con- in the conference room. in scholarships. The John Mar- necticut Supreme Court, shall Law School and Loyola retired), delighted the crowd On August 27th, IALA held University matched the dollar of approximately 75 with a a general meeting featuring amounts to those students. The spirited address on the impor- lecturers on Italians in cin- association is very proud of tance of diversity in the legal ema and photography in Italy. their scholarship efforts, which profession. He blended both IALA was very pleased to wel- began in the 1950s with a eloquence and humor in com- come two members from Lex single $500 scholarship. menting on his numerous con- Romana – the Italian American nections to Italian culture, as Lawyers Association of Or- The next event was a dinner well as the important role that ange County (being rebranded celebrating the past presidents, CIABA is playing in advocat- as IALOC) – founder and a night focused on "living ing for diversity and camara- past-president Joe D'Antony history." John Spatuzza, the Macomb County Circuit and board member Anthony oldest past president, has been derie in the legal profession. Court Judge Peter Macero- Justice Harper’s remarks were Modarelli. Joe helped open practicing law for over 60 ni, out-going IABAM presi- the evening with introductory years. He is an amazing role published in the September, dent Caterina Amaro and remarks explaining the history model for young and old! 2014 edition of the Connecti- Michigan Court of Appeals cut Lawyer, the Connecticut Judge Pat M. Donofrio. of IALOC as an offshoot of Bar Association’s primary IALA, and both organizations The next event was a joint publication. The Italian American Bar look forward to a renewed and venture with the organization's Association of Michigan (IA- ongoing relationship. Continued on next page On November 5th, CIABA BAM) celebrated its Justinian will host its Annual Heritage Night recently at the Detroit and Awards Dinner at Aria Athletic Club. Michigan in Prospect, CT. Last year, Court of Appeals Judge Pat keynote speaker Justice Peter M. Donofrio was presented Zarella (Connecticut Supreme with IABAM’s 2014 Justinian Court) delivered a scholarly Award by Macomb County address, to a crowd of approxi- Circuit Court Judge Peter Ma- mately 150, on the Sacco and ceroni. Donofrio also admin- Vanzetti case and its impact on istered the oath of office to the his Boston, Italian-American 2014-2015 IABAM Board of family. This year, Assistant Directors. U.S. Attorney William J. Nar- dini, who recently returned to * * * * * the United States from a four- Italian American Lawyers year term as the Department Association - Los Angeles of Justice’s attaché in Italy, The Italian American Lawyers IALA participated in the San Pedro Bocce Club Tournament will give the keynote address. in September. Los Angeles city councilman Joe Buscaino CIABA will bestow Italian- Association - Los Angeles (IALA) has launched their (third from right) and port commissioner Anthony Pirozzi, Jr. American Legal Achievement (far right) helped the IALA competitors – (L-R) past-president Awards on attorney Garrett revised website at www.iala. Hon. Chris Frisco, president Damian D. Capozzola, Glen Moore of Cheshire, CT., and info. Underhill, and board member Margherita Underhill – unveil Father Anthony J. Bruno, who the IALA banner during the opening ceremonies.

NIABA News • Fall 2014 • page 10 Affiliates,continued from page 10 brothers and sisters from the Massachusetts Justinian Lawyers Sons of Italy Foundation DuPage Chapter. The Sons of Italy Founda- tion held its 26th Annual Na- In the spring, the group fo- tional Education & Leadership cused on the younger Justin- Awards Gala at the National ians with their annual Bocce Building Museum in Wash- Tournament. After that, they ington, D.C. in July. The event turned their efforts to raising welcomed over 700 guests, money for the Justinian Chil- including the 2014 national dren’s Endowment Fund. They scholarship winners. The gala also gave a $5,000 grant to the was a representation of the Ronald McDonald House. best of Italy and the United States, showcasing achieve- The 2014-2015 officers were ment and leadership at the installed on September 10th. highest levels. The event also These include: Anita M. paid tribute to America's mili- DeCarlo (daughter of Vito D. tary men and women and their DeCarlo, president 1970-1971) families who serve and sacri- as President; Jessica DePinto fice for our nation. Transport as VP; Frank A. Sommario as Richard Bardi, president of the Justinian Law Society of Workers Union International 2nd VP; Michael Bonamarte Massachusetts, joined NIABA president Dino Mazzone (and President Harry Lombardo as 3rd VP; Vince Vidmer as his sons), past president Anthony Gianfrancesco, and New accepted the SIF Humanitarian Treasurer; and Natalie M. England regional vice president Dan Elliott at a dinner at Award. Petric (granddaughter of Prezza Restaurant in Boston’s North End. Bardi reported on the vibrancy of the Italian-American legal community in Anthony J. Fornelli, president * * * * * 1969-1970) as Secretary. Massachusetts, and discussed opportunities for collaboration between NIABA and the Massachusetts Justinians. Wisconsin Chapter of * * * * * the Justinian Society of Lawyers The Wisconsin Chapter of the Introducing Luca Arnaudo Justinian Society of Lawyers announced their 2014 Colum- NIABA Digest's European Editor bus Day Celebration Honor- ees: Hon. Mary Triggiano was chain of events that brought monastery right in the center named Jurist of the Year; me to write these lines. of Pisa – the tower leaning Mario and Cathy Costantini steadily very nearly – where were named Italians of the My name is Luca Arnaudo, I most students still live together Year; and John Constantine is was born in 1974 in Cuneo, a and the academic activities are Citizen of the Year. The event small town in northern Italy. carried on. will take place October 17 at In 1998 I graduated both at the the prestigious Wisconsin Club law faculty of the University After graduation I moved in Milwaukee. For reserva- of Pisa and at the Sant'Anna to Milan first, then to Turin, tions or information, contact School of Advanced Studies working in an Italian law President Joseph G. Alioto at (SAS). SAS is a public firm with strong connections 414-688-2333. institution devoted to social to the U.S., Pavia e Ansaldo, Professor Robin Paul Malloy, and applied sciences, shaped focusing on competition and Stay tuned for their Eleventh Editor-in-Chief of THE on the French model of the commercial law. Stefano Annual Seminar in the Sand DIGEST, kindly asked me École Normale Supérieure, Grassani, one of the best Legal Symposium in beautiful to introduce myself to the with the aim to select every Italian antitrust lawyers, has Las Vegas during the spring of members of NIABA as year a few students who will been a tough, yet friendly 2015. For information, contact European editor of THE follow a kind of doubled master during my training. President Joseph G. Alioto. DIGEST. This is a much course of studies along their I owe him much praise for delighted duty so here I offer, university careers. The main having shown me the beautiful first, some thoughts on the campus of the SAS is an old Continued on page 14

NIABA News • Fall 2014 • page 11 Welcome New NIABA Members Welcome to the following Mark John Finizio Angelo Todd Merolla Ralph W. Selitto, Jr. members, who joined Plantation FL Merolla & Gold, LLP Greenberg Traurig, LLP NIABA between April 23 and 954-290-8518 Atlanta GA Florhum Park NJ September 18 2014. [email protected] 404-888-3772 973-443-3550 [email protected] [email protected] Lorenzo Enrico Agnoloni Santino Finizio Studio Legale Internazionale Fort Lauderdale FL Valeria Camboni Miller Roselina Serrano-Maschi Agnoloni 856-912-7939 Farmington MN Law Offices of Doyaga & Greenwich CT [email protected] 406-281-1576 Serrano, P.C. 518-531-8846 valeria.miller@ New City NY [email protected] Dr. Mary Lou Gaeta alumni.wmitchell.edu roselina.dslawfirmpc@ New Haven CT gmail.com Valeria Angelucci 203-397-5053 Frank William Piazza Davie FL [email protected] Frank W. Piazza P.A. Andrea Sinacola [email protected] Naples FL Chicago IL Ben Gettinger 239-850-9200 214-908-5610 Carmine Annunziata Lynch Traub Keefe & Errante [email protected] [email protected] The Bonadies Law Firm, LLC New Haven CT Hamden CT 203-787-0275 Melissa Raggi Mark J. Sommaruga 203-288-1300 [email protected] Kaye Scholer LLP Pullman & Comley, LLC [email protected] Washington DC Hartford CT Fabio Giallanza 201-248-4122 860-424-4300 Paul Brusati Davie FL [email protected] [email protected] St. Louis MO 754-245-0346 314-308-8968 [email protected] Sergio Salani Giovanni Spennato [email protected] Oxford International Group New Haven Superior Court Rosemary E. Giuliano West Palm Beach FL New Haven CT Rosanna L. Cappetta Giuliano Richardson 561-289-8349 203-503-6811 Orange CT & Sfara LLC [email protected] [email protected] 203-298-4693 cappetta. Woodbury CT [email protected] 203-263-0330 Robert Joseph Santoro Joseph John St. Angelo [email protected] Branford CT Orlando FL Lauren Dalessio 203-464-1167 407-766-7101 Westhampton Beach NY Alicia Grasso [email protected] [email protected] 631-740-4101 Ada OH lauren.dalessio@ 585-301-6981 T. Michael Schober Christina Uliano spartans.ut.edu [email protected] Schober, Schober [email protected] & Mitchell, S.C. Richard R. Della Croce Glenn Robert Jersey New Berlin WI Peter John Ventura Orland Park IL Franklin Square NY 262-785-1820 Peter John Ventura, PC 708-403-7771 516-987-6726 [email protected] Worcester MA [email protected] [email protected] 508-755-7535 Sara Jo Scime [email protected] Deborah Enea Nina LaMonica Clarence Center NY King & Spalding LLP East Rockaway NY 716-868-1923 Anthony F. Vitiello Atlanta GA 516-830-1233 [email protected] Connell Foley LLP 404-572-3500 [email protected] Roseland NJ [email protected] Santo A. Scrimenti 973-535-0500 Frank W. Eucalitto Christina Lepore Washington DC [email protected] [email protected] Pittsburgh PA 202-489-8865 [email protected] [email protected] Jason Fagnano Juno Beach FL [email protected]

NIABA News • Fall 2014 • page 12 A Journey Through Italy's Overcrowded Prisons

By Giancarlo P. Pezzuti issue currently under judicial investigation. Prisons across Europe are facing an overcrowding crisis, The situation that the a manifestation of at least three Commission found in the trends: tougher sentencing by prison facilities of Rebibbia judges (particularly for drug- in Rome was also rather related offenses), a painfully negative. It houses 385 slow justice system, and lack prisoners (although the official of money to build and manage capacity is 240) of which new facilities to accommodate 195 are Italians and 190 are the excess number of inmates. foreigners, mainly originating Article 27 of the Constitution state, together with the lack from Romania, Bosnia and This crisis is particularly acute states: “Punishment shall not of social supports, and, on the Herzegovina, and the former in Italy, where correctional fa- consist of treatments against othe hand, the corresponding Yugoslavia. The basic problem cilities are extremely crowded the sense of humanity and - fair or unfair - criminal in this prison is the presence of with a daily avalanche of shall be aimed at the re- answers made in relation to very young babies in jail with convicted men and women. education of the sentenced security issues. their mothers, confined in a person.” So the penalty must cell since their birth. Almost 67,000 inmates are be a path for the sentenced Numbers show a gloomier housed in Italian facilities that who suffers not to repair the picture: according to the Ultimately, the European were designed to hold only damage, it must be a path to Council of Europe, Italy stands Court of Human Rights 45,000 – meaning they are at rehabilitate him. third in the list of the most took the decision to reject a capacity of more than 140 overcrowded prison systems the final appeal advanced percent, among the highest In Italy, although recently with 147 detainees for every by Italy and, consequently, rates in the European Union, there have been major steps 100 available places. Doing obliged the Italian country with some individual prisons forward, there is certainly worse are only Serbia and to rapidly resolve prison at 268 percent capacity, where a massive use of the most Greece. overcrowding and recognized the average capacity is just extreme precautionary a compensation for the under 100 percent. measure, despite several times A delegation composed of four prisoners who are victims of the jurisprudence stated that members of Euro Parliament, that situation. The prison overpopulation the precautionary detention Juan Fernando López Aguilar in Italy has its roots in measure must be an “extrema (S&D), Frank Engel (EPP), The Strasbourg Court different reasons. The Italian ratio,” when it results as Kinga Göncz (S&D) and ruled that Italy's woefully correctional system is the only measure that could Salvatore Iacolino (EPP) overcrowded prisons violate currently based on a criminal paralyze the immediate visited the prison facilities the basic rights of inmates, code that dates back to 1930, effects of a crime: dangers of of Rebibbia in Rome and fined the government euro since it was enacted during the absconding, risk of recurrence, Poggioreale in Naples from 100,000 (US $131,000), and Fascist period. It is basically danger of interfering with March 26-28, 2014. ordered it to make changes aimed at the restriction of evidences. within a year of May 27, 2013. physical freedom, detention or Mr. Aguilar criticized the Ital- arrest, flanked by fines. Regarding the time of justice ian government and the lack of The Strasbourg Court ruled in Italy, waiting for an inmate political commitment to renew on a case (Torregiani vs In 1948, when the Republican can be long, even if the existing facilities while pris- Italy) brought in 2009 by Constitution came into force, Parliament made progress in ons such as Poggioreale date seven inmates in two separate the so called “Rocco Code” this matter, because several back to more than one hundred prisons, who complained had to be interpreted according limits on the use of pre-trial years ago (Poggioreale was that they each were forced to a supreme principle intro- detention in prison now are built in 1908). to share a 97 square foot cell duced into the Italian system: fixed by law. with two other people, giving the purpose of the punishment The delegation was also each inmate 32 square feet of is the social rehabilitation of Prison population in Italy has informed of the alleged personal space. The men also the inmate and, consequently, had a sharp increase in recent existence of the so called “cell complaind that they didn't the detention must have a pro- years, a phenomenon generally zero” where prisoners would have regular hot water or bation order. due to the crisis of the welfare be beaten by the police, an lighting. Continued on next page

NIABA News • Fall 2014 • page 13 Prison, continued from page 13 The Court found that the measures to begin the path to in prison will have their praised the “authorities’ reported conditions violated rehabilitation, which could sentences discounted by one commitment” and said the European Convention on result in a definitive sentence day for every 10 spent in “significant results” had been Human Rights' prohibition of execution. cells of less than three square achieved in recent months. against torture and inhumane metres, while former inmates or degrading treatment. Alternative measures to will receive eight euros for The ministers reported “an While saying there was no detention (post-trial) include: every day spent in such important and continuing drop indication that Italy intended assignment of the offender to inhumane conditions. in the prison population, and to humiliate the prisoners, the the probation service, special an increase in living space” for Court did find that the inmates' probation for drug addicts or The Council of Europe praised prisoners in Italy. conditions subjected them to alcoholics, home detention/ the "significant results" excessive hardships. house arrest, semi-liberty, of Italy's prison reform, The Council of Europe conditional release and early following a damning report by backed the reforms, noting release. the European Court of Human "an important and continuing In the case of Italian Rights 18 months before. drop in the prison population," prisons’ overcrowding, When the imprisonment term down from around 68,000 is lower than three years The Council’s decision- there were several people in 2012 to 59,000 and the crime is not a great making body, the Committee today. hundred complaints in wrong (eg. excluding mafia, of Ministers, in its ruling front of the court. paedophilia, armed robbery etc.), the Prosecutor's Office who perform these penalties The Court used what's known send a warning notification continued from page 11 as a pilot judgement for to the defendant to claim Arnaudo, the case, a procedure used an alternative measure to intricacy and relevance of monastery subtly sounded to when there are many similar restriction. the field. In 2001 I took the me as a ring of life happily complaints before the court plunge, so to speak, and quit closing. that enables it to not only Often it happens that social the law firm for a position determine if a violation has services are able to understand with the Italian Competition In fact, together with my occurred but also to offer ways the personal situation of the Authority in Rome, where professional career, I never to face the root of the problem. inmate, their capabilities I am still serving as senior quit academic research In the case of Italian prisons’ and needs, and often find investigative officer. The last and also earned a Ph.D. at overcrowding, there were job opportunities during the case I dealt with related to the LUISS University in several hundred complaints in execution. Some of them are an alleged illicit agreement Rome under the guidance of front of the court. opportunities which stretch between two pharmaceutical professor Roberto Pardolesi, over time and allow the inmate groups for boosting the sales specializing in law and Initiatives taken by Italy to to retrieve a social economic of an expensive ophthalmic economics. This is also having comply with the Court’s ruling situation. medicine called Lucentis. some interesting family side- and international law standards This case gained wide media effects as, due to my at-home on human dignity were issued Concerning the blameworthy coverage including in the mumbling related to the topic in April-August 2014. habit of the pre-trial detention, the U.S. It was a remarkable of competition to which I the new arrangement prohibits corroboration of the intricated devoted my last book, my two- Italian procedure code a custody measure when relevance that antitrust can years-old son Fedro eventually now provides a fair set of the indicted risks a penalty reach. started to spell the word temporary and precautionary lower than two years, so to 'monopoly'. measures that can replace the benefit the suspension of Since last June, I have been “extrema ratio” of pre-trial the conviction. Moreover, on a temporary leave from the Research is also what brought detention in prison. There are the most invasive custody competition authority to serve me in contact with THE “house arrest,” “prohibition to measures (jail detention/ as a visiting professor at the DIGEST and a visit to the stay in the place of residence,” house arrest) can be adopted SAS, where I am working with Syracuse University College of “mandatory residence,” only when the indicted risks professor Giovanni Comandé, Law. All this happened thanks “restraining orders” or “orders a penalty higher than three one of the very few Italian to the generosity of its editor- of protection,” depending on years. members of the American in-chief, professor Malloy, the offender, and according Law Institute. As I turned who identified a paper I wrote to the offence committed. Moreover, according to the forty recently, the opportunity Continued on back page Those are much more effective law 117/2014 inmates still to come back to the Pisan

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