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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]. GENERATIONS PORTRAIT | CLASS NOTES | REUNION GIVING REPORT

BOSTON COLLEGE LAW SCHOOL MAGAZINE | SPRING | SUMMER 2007 Farewell Boston College says goodbye to a favorite son. SPRING / SUMMER 2007 VOLUME 15 | NUMBER 2 Contents A TRIBUTE TO ROBERT F. DRINAN, SJ SPRING/SUMMER 2007 VOLUME 15 NUMBER 2 4 An Authentic Lesson

By Edward R. Leahy ’71 Dean 6 Drinan as Dean John H. Garvey By Hon. Francis J. Larkin Editor in Chief 8 Stirring the Human Rights Revolution Vicki Sanders By Harold Hongju Koh 10 Catholic Thought on the Moral Problem of War Art Director By Professor Kenneth Himes Susan Callaghan 11 The Injustice of War Contributing Editors By Senator John Kerry ’76 Tracey Palmer 12 Drinan as Thinker, Pragmatist Deborah J. Wakefield By Jimmy Carter Tiffany Wilding-White 13 Engaging the Disenfranchised Contributing Writers Interview with Madeleine K. Albright Cynthia Atoji 15 Ensuring Fairness in Family Law Kathryn Beaumont ’08 By Darald and Juliet Libby Professor Sanford N. Katz Marlissa Briggett ’91 16 Bridging the Partisan Divide Jessica Curtin ’07 Interview with Senator Warren Rudman ’60 Chad Konecky 17 Elected Judges and the Conservative Dilemma Natalie Langlois ’07 David Reich By Robert F. Drinan, SJ, Professor George D. Brown Jane Whitehead 18 Abolition’s Abbot Jeri Zeder By Professor Phyllis Goldfarb 20 Waging a Private Civil War for Civil Rights Photographers Suzi Camarata By Charles E. Walker Jr. ’78 Charles Gauthier 22 Morality’s Place in Politics Justin Allardyce Knight Interview with Congressman Barney Frank Liz Linder 24 Defining the Catholic, Jesuit Mission Michael Manning By Professor Frank R. Herrmann, SJ, ’77 Judy Sanders

26 Reclaiming the Sacredness of the Legal Profession Design & Printing By Professor David Hall Imperial Company 28 Obedience: Is It Virtue or Vice? Boston College Law School of By William McInnes, SJ Newton, Massachusetts 02459-1163, publishes BC Law Magazine two times a 30 The First Freedom year: in December and June. BC Law By Dean John Garvey Magazine is printed by Imperial Company in West Lebanon, NH. We welcome 31 Drinan as Moral Leader readers’ comments. Contact us by phone at 617-552-2873; by mail at Boston By House Speaker Nancy Pelosi College Law School, Barat House, 885 Centre Street, Newton, MA 02459-1163; or by email at [email protected]. Copy- DEPARTMENTS right © 2007, Boston College Law School. All publication rights reserved. Opinions expressed in BC Law Magazine 36 Class Notes do not necessarily reflect the views of Boston College Law School or Boston 39 Faculty Academic Vitae College. 44 Reunion Giving Report

On the front and back covers: Photographs by Suzi Camarata JOHN TLUMACKI – BOSTON GLOBE

SPRING / SUMMER 2007 | BC LAW MAGAZINE 1 Contributors

MADELEINE K. ALBRIGHT SANFORD N. KATZ was the first woman United States Secretary of is the Darald and Juliet Libby Professor State, serving under President Clinton. She is of Law. He succeeded Father Drinan as now a principal in The Albright Group. editor-in-chief of the Family Law Quarterly. PORTRAIT BY TIMOTHY GREENFIELD-SANDERS

GEORGE BROWN JOHN KERRY ’76 is the inaugural holder of the Robert F. Drinan, The junior senator from Massachusetts was SJ, Chair at BC Law School. He is a the Democratic candidate for United States specialist in the field of federal-state President in 2004. relations and government ethics.

JIMMY CARTER HAROLD HONGJU KOH was the 39th President of the United is dean of Yale Law School. He served as States. In 2002 he was awarded the Assistant Secretary of State for Democracy, Nobel Peace Prize. Human Rights, and Labor from 1998 – 2001.

BARNEY FRANK HONORABLE FRANCIS J. LARKIN has held the Massachusetts Fourth was associate dean of BC Law School Congressional District seat since from 1963 to 1972. He is the chancellor Robert F. Drinan stepped down in 1981. and dean emeritus of the Southern New England School of Law.

DEAN JOHN GARVEY EDWARD R. LEAHY ’71 has been dean since 1999 and teaches is managing partner of AEG Capital, LLC, first-year constitutional law. He is the in Washington, DC. president elect of the Association of American Law Schools.

PHYLLIS GOLDFARB WILLIAM MCINNES, SJ has taught criminal procedure and gender is the chaplain to the Alumni Association and legal theory at BC Law since 1986, of Boston College and has served as and has directed the Criminal Process president of two Jesuit universities. clinical program.

DAVID HALL NANCY PELOSI is a professor of contracts and professional The Speaker of the United States House ethics at Northeastern Law School, where of Representatives represents California’s he served as dean from 1993 – 1998. Eighth District.

FRANK HERRMANN, SJ, ’77 WARREN B. RUDMAN ’60 spent more than 10 years as a criminal is the former attorney general and defense lawyer before joining the faculty Republican Senator from New Hampshire. of BC Law in 1991.

KENNETH HIMES, OFM CHARLES WALKER ’78 is the chair of Boston College’s Theology is former executive director of the Lawyers Department and a member of the Order Committee for Civil Rights Under Law of Friars Minor (Franciscans). of the Boston Bar Association.

2 BC LAW MAGAZINE | SPRING / SUMMER 2007 MORAL ARCHITECT

GEOFF WHY Robert F. Drinan was a giant of a man. To honor a life so well lived, we are dedicating this issue of Boston College Law School Magazine to him.

The tribute edition contains articles by and interviews with politicians, former students, colleagues, activists, and friends who were touched by the long arm of Father Drinan. People were happy to contribute—eager even—to be heard on issues that compelled him, matters such as human and civil rights, social justice, excellence in education, and leadership.

Though these pages contain some reminiscences, the true mission of the tribute is to capture what fraction we can of the issues and tasks that inspired Father Drinan. We honor his legacy.

SPRING / SUMMER 2007 | BC LAW MAGAZINE 3 THE ACADEMIC & BY EDWARD R. LEAHY ‘71 PROFESSIONAL YEARS AN AUTHENTIC LESSON

November 15, 1920 | born in Boston, to James John Drinan and Ann Mary (Flanagan) Drinan KNEW FATHER DRINAN NEARLY FORTY YEARS. WE MET AT THE UNIVERSITY of Scranton in October 1967. It was the fall of my senior year in college and 1938 | graduated from Hyde Father Drinan was visiting the university to speak on some of the legal issues Park High School of the day. 1942 | received BA from Boston At a reception following his remarks, he asked what plans I had after grad- College; entered the Society of Jesus I uation. When I told him that I intended to go to law school, he fixed those penetrating eyes on me and got right to the point: What were my grades and to which 1947 | received MA from schools had I applied? After I listed six schools (not yet including Boston College), he Boston College said, “When you hear from those schools, He went on about the extraordinary 1949 | received LL.B. from write to me and tell me what they said. faculty that served the Law School. (I Maybe you should come to Boston always enjoyed it when Father Drinan Georgetown Law Center College.” talked about faculty “serving” the law Just after Thanksgiving, I wrote to tell school. Its roots go back centuries to the 1950 | received LL.M. from him that I had been admitted to all six ecclesiastical colleges of England.) First, Georgetown Law Center; admitted to schools and that each of them had offered there were the “old masters” such as Emil the District of Columbia Bar me a full scholarship. On December 14, Slizewski in Trusts and Estates, Richard he responded that he still thought that I Sullivan in Equity, and John O’Reilly in 1953 | ordained a Jesuit priest; should come to Boston College and he Constitutional Law. Then he praised other offered me a full-tuition Presidential faculty members such as Richard Huber in received doctorate in theology from Scholarship. Property and Land Use, Peter Donovan in Gregorian University in Rome I remember being absolutely thrilled by Corporations and Antitrust, Father Francis his letter. His remarks at Scranton had J. Nicholson in International Law, Jim 1955 | admitted to the US been so impressive and thoughtful, and he Smith in Torts, and Bill Willier in Commer- Supreme Court Bar; became an was so driven yet warm during our conver- cial Law. He talked about an unnamed associate dean and professor at sation afterward. I phoned his office and group of young professors he was recruit- BC Law School arranged to visit the Law School and possi- ing to the Law School, people who turned bly sit in on one or two classes. When I out to be Sanford Katz, John Flackett, arrived about a month later, Father Drinan Mary Ann Glendon, Hugh Ault, and 1956-1969 | became the personally deposited me in a Torts class David Carroll. youngest dean to serve the BC Law taught by Professor Jim Smith and a Con- Although the names themselves did not School; brought it to national stitutional Law class taught by Professor mean anything to me at the time, Father prominence; recruited a diverse John O’Reilly. Drinan’s eyes were electric when he talked student body and hired preeminent Afterward, I went back to Father Dri- about them and all of the other steps he faculty; raised standards of scholar- nan’s office to thank him and to say good- was taking in an effort to propel Boston ship and teaching; founder or catalyst bye. Instead, he spent nearly half an hour College to the top ranks of the nation’s telling me about his plan to see Boston finest law schools. He looked at me and for several BC Law scholarly College Law School in the very first ranks said, “I want you to come to Boston Col- journals, including the Family Law of national law schools. His drive was lege.” Even then, and as he demonstrated Quarterly and the Boston College infectious. He talked about his travels later as a politician, he knew how to ask Industrial and Commercial throughout the United States to find talent- for your vote. I accepted on the spot. Law Review ed undergraduates and about how more Over the next few years, and certainly and more of them were coming to Boston in retrospect during innumerable conversa- 1962-1970 | served as chair of College Law School. He said that the stu- tions, I witnessed how Father Drinan’s dent body—long the domain of Bostonians vision, his magnetism, and his sheer per- Advisory Committee for Massachu- and other New Englanders—was develop- sonal force helped the Law School grow setts, US Commission for Civil Rights ing a broad national base with students and prosper. He was a man in motion, from Illinois, Wisconsin, California, Wash- whether it was personally accompanying a 1969 | visited Vietnam with an ington, Georgia, New Mexico, New York, Supreme Court justice or a federal appel- ecumenical group assessing religious Louisiana, and, true to his word, all of late or district court judge to the Law and political freedom there these locales and many others were repre- School to judge the Grimes Competition, sented in our first-year class. or working the phones with Boston Col-

4 BC LAW MAGAZINE | SPRING / SUMMER 2007 GEOFF WHY

lege graduates to urge them to hire BC seemed always to be present at just the you want even more to be a part of his Law students. right time to make all of us feel that we grand enterprise. It’s been said that very Father Drinan’s leadership and vision were an integral part of an institution that little of any significance was ever accom- during his time as dean were absolutely was staking its place firmly on the national plished without enthusiasm. This, in part, crucial to the stability and growth of the legal scene. accounts for the string of successes and Law School. To begin with, the atmos- Students were getting excellent judicial firsts that the Law School enjoyed during phere that prevailed around the Law clerkships in New England and, more and the Drinan years—his mission was clear School in 1968 is difficult for the law stu- more, throughout the country. They were and his energy boundless. dent of today to comprehend, let alone getting jobs in Chicago, New York, The eulogist at Father Drinan’s funeral appreciate. Philadelphia, San Francisco, Los Angeles, mass in Washington said that he had First, good grades were extremely hard and points in between. Father Drinan breakfast with Father Drinan just a few to get. The Law School graded on a ten- guided students in the classes of ’69 and days before his last illness. Father was point system, with “A plus” being a “ten”, ’70 to start the still-thriving Legal Assis- detailing his travel, speaking, writing, and and working its way down to a “C” being tance Bureau, which constituted the first teaching schedules for the coming month. a “three”, “D” a “two”, etc. I think that major effort to bring clinical education to He told Father Drinan that the schedule the person who finished first in our class BC Law. In the late 1960s, our moot court was an exhausting one and that he should had about a 6.3, just barely above a “B”. team won the National Championship. schedule some naps as well. Father Dri- Second, back then, students actually And, during that same decade, under nan’s only reply: “I never rest during the used to flunk out of law school. Our class Father Drinan’s leadership, Boston College daytime.” Of course, some of us had long began with more than 200 students and inaugurated the Boston College Law wondered whether he ever rested at night ended with fewer than 170. Review, the Annual Survey of Massachu- either. Third, the war in Vietnam, which was setts Law, the Uniform Commercial Code Even after Father Drinan left the Law to serve as such an integral part of Father Reporter-Digest, and the Environmental School to serve in Congress, his love of the Drinan’s campaign for Congress, was rag- Affairs Law Review. school remained. He was always willing to ing. The reality of war was brought home meet with “old” graduates for fundraising on a regular basis. There is a cemetery im- ne person can make a differ- purposes and, when he learned, in 1973, mediately behind More Hall, the old Law ence. For Boston College Law that I had been offered a clerkship with School building. During services, profes- School, Father Drinan did. In Supreme Court Associate Justice William sors would stop their lectures for a few O March 1970, I was elected Brennan, I remember that he phoned me to moments while taps sounded for soldiers editor-in-chief of the Boston College Law say how important this was, not for me, being buried there. Review. That began a steady stream of but for the Law School. He always put the Some of us had already committed to nights and weekends, working in the law Law School first. military service after law school. Others review office, in order to publish six quali- The bottom line is that excellence had already served. Others had education- ty issues of the review. Often leaving at doesn’t just happen. Father Drinan had a al or other types of deferments. Still others midnight, I felt certain that I was the only broad plan for the success of the Law were available for the draft. In most cases, person in the entire building. But, most School, and he saw it through to its small- however, the general impression was that if nights when I left, no matter how late, est details. Attracting gifted faculty dedi- you flunked out, you were headed to there was one car in the parking lot behind cated to teaching and scholarship; finding Southeast Asia. More Hall and a light still burning in the best students and involving them in his Amid this type of tension, Father Dri- Father Drinan’s office. dreams for the school; developing broad nan’s leadership was key. He was always Father Drinan led by example, and geographic, racial, and socio-economic there when the Law School needed him. when you see somebody lead with such representation within the student body by Even with his dizzying travel schedule, he conviction, passion and vigor, it makes (continued on page 32)

SPRING / SUMMER 2007 | BC LAW MAGAZINE 5 by honorable francis j. larkin Drinan as Dean

THE MIND AND THE HEART OF THE REV. ROBERT F. DRINAN, SJ—”BOB” TO THE countless thousands who knew him and loved him—was always alive with the possi- bility of transformation. In the beginning he transformed a law school. Later, in the Congress, he worked tirelessly to transform an institution that seemed increasingly to forget its values and verities. And, in a decidedly lesser key, with a bow to fortuities of fate and vagaries of chance (to be explained below), he surely transformed my life; I served as his associate dean for almost a decade. The foregoing reference to “chance” in my coming to Boston College derived from the following improbable circumstances. In the late spring of 1963, I was concluding the second year of a judicial clerkship on the United defining benchmarks. They are: “By the quality of the States Court of Appeals for the First Circuit. With the faculty assembled? By the quality of the student body term winding down and work on many drafts of opin- attracted? By the improvement of physical facilities? ions alarmingly unfinished, I received a call from a fel- By financial growth and stability? By the loyalty and low townsman announcing that Father Drinan would enthusiasm of the alumni? By sensitive attuning to the be in Milford that evening, addressing the annual needs and possibilities of the time? By the moral and meeting of the Milford Bar Association. My friend intellectual climate of the institution?4 invited me to attend as his guest. I declined, citing my Bob Drinan met and surpassed each of these crite- unfinished workload. He insisted, urgently. I accepted. ria. By his personal magnetism and a prodigious work At the event I met Father Drinan for the first time.1 ethic he assembled the faculty, attracted the students, I learned later that on that same day the Law School and was acutely attuned to the shifting dynamics, faculty had voted to approve the creation of a new demographics, and desires of a society in flux. He was position, that of associate dean. Following his address, equally attuned to the emerging trends in legal educa- Father Drinan and I had a brief, private conversation tion and wanted and achieved a curriculum which and after a few minutes of rather intense interrogation, would respond to the imperatives of those develop- he offered me the position. “Amazing,” but, as I later ments. Examples abound of his early commitment to learned, the episode was pure Bob Drinan: sponta- clinical legal education: the nationally famous Boston neous, intuitive, visceral, and, in the generality of situ- Bail Project; the Law School clinic in Waltham known ations, usually followed by a happy ending. as the “laboratory”; the National Consumer Law My years with him were the most satisfying and Center; and, through personal contact, the fostering of stimulating of my career. More important, they also a wide range of legal internships with municipal, state, marked the beginning of a lifetime friendship with an and federal agencies. All of this happened not because individual who combined within himself, to a degree it was trendy but because he believed strongly that unmatched by any person, qualities of mind and heart legal theory and practical skills were mutually rein- that will always be an example to me of “greatness in forcing initiatives for future lawyers. But above all, he action.” 2 had a persistent, deep appreciation for the centrality of What were the sources of that greatness, of the excellent teaching and faculty scholarship to the transformative factor? school’s education mission. First, he was a great law school dean. It is surely His devotion to the students at the Law School was safe to say that when future generations think of legendary. It was evident that he cared passionately for Father Drinan, they will think of Boston College Law “his” students, not only collectively but individually. School. And when they think of Boston College Law He treated them as family and made clear in so many School, they will think of Father Drinan. Indis- ways that they were an important part of his life. On putably, he will be the “one alone” to be chosen if the more than one occasion, students who sought Father’s history of this great school were to be represented by counsel when they found it difficult to pay a tuition a single figure.3 bill or faced some personal crisis, left his office with A noted legal scholar once asked the question: How spirits raised because of a measure of largesse from his does one accurately appraise the stewardship of a seemingly bottomless “discretionary fund.” If there dean? And he followed this up by suggesting (again in were a death in a student’s family, no matter how far question form) a number of criteria as relevant and (continued on page 32)

6 BC LAW MAGAZINE | SPRING / SUMMER 2007 AP/WIDEWORLD

“I urge you to accept and nourish as a direct grace from God those feel- ings of indignation which come to you because of the denial of the human dignity and the human rights of your fellow citizens. Deepen this indignation because justice will not come unless those who are not hurt, in the words of Solon, feel just as indignant as those who are.”

~ Father Drinan in a sermon entitled “Human Rights in the Sixties,” 1960

SPRING / SUMMER 2007 | BC LAW MAGAZINE 7 BY HAROLD HONGJU KOH STIRRING THE HUMAN RIGHTS REVOLUTION

S THE NASCENT HUMAN RIGHTS MOVEMENT WAS RISING FROM whenever an activist saves a life through the ashes of the Great Depression and World War II, a young passionate argument, Father Drinan’s fin- gerprints are there. Father Drinan’s Revo- priest in Boston was coming of age. His name was Robert lution, the Human Rights Revolution, per- Frederick Drinan. vades the work of an emerging international As he embarked on what would become a lifelong commit- civil society. And yet today, we find that the fruits of ment to the human rights movement, Father Drinan worked to A that revolution are at risk. Since September make real his simple, radical dream: universal acceptance of the idea that every person is 11, 2001, the United States has fallen into endowed with human rights simply by virtue of being born human; that these rights are an Era of Global Pessimism. In the preced- ing half century, the US had operated inalienable and unconditional; that human around the world. He spurred the enact- under an international vision that placed a rights are held by all, against all; and that ment of legislation establishing the Human premium on using diplomacy, backed by governments must be organized to respect Rights Bureau of the US State Department force only as a last resort. Our country’s and protect these rights. (now the Bureau of Democracy, Human human rights policies were based on prin- Father Drinan was right there at every Rights, and Labor), and successfully advo- ciples of universalism and FDR’s four free- stage in the development of international cated for US court jurisdiction over claims doms. Our democracy-promotion policy human rights law. During the first age of of foreign human rights violations brought sought to build democracy from the bot- post war human rights, what I call the Era by victims of human rights abuse. tom up. And in using diplomacy, we of Universalization (1941–1956), Presi- During the decade after the Cold War, applied an approach based on strategic dent Franklin D. Roosevelt identified four an Era of Global Optimism (1989–2001), multilateralism and tactical unilateralism. freedoms worth waging war for: freedom Bob Drinan returned to the academy and But September 11 turned this vision of speech, freedom of religion, freedom his teaching and writing as a professor of upside down. In responding to the terrorist from fear, and freedom from want. As a human rights law at Georgetown Law threat, America began to choose force young United Nations pledged its commit- School. As freedom swept through Latin first—preemptive strikes and wars of ment to human rights, Bob Drinan was a America, South Africa, Central and East- choice—over diplomacy. Our policies now young student and priest studying the reli- ern Europe, and Africa, as courts for adju- reject universalism and treat freedom from gious roots of human rights law in dicating and advancing international fear as the overriding value. Increasingly, medieval Christianity and absorbing the human rights grew and expanded, and as we seek to impose democracy from the top teachings of St. Thomas Aquinas, John the US saw a revival in its global human down rather than build it from the bottom Locke, and Jean-Jacques Rousseau. rights policies, Bob Drinan pressed for a up. Our diplomacy has shifted toward During the Cold War, an Era of Institu- broader understanding of what human strategic unilateralism and tactical multilat- tionalization for human rights organiza- rights encompass through his scholarship eralism, exhibiting antipathy to interna- tions (1956–1976), the world witnessed and public advocacy. In The Mobilization tional law and indifference to global coop- adoption of the first human rights treaties of Shame, he argued for recognition of a eration. Our president insists on freedom to and governmental and nongovernmental right to food, the establishment of interna- authorize torture, domestic spying, and to bodies. During those years, as a fiery law tional tribunals for human rights, human modify enacted statutes through presiden- dean and congressman from Massachu- rights of prisoners, and the need for an tial signing statements. And we have creat- setts, Bob Drinan was shepherding legisla- independent judiciary. He opposed the ed extra-legal zones, such as Guantanamo, tion through Congress that conditioned death penalty as contrary to “customary” extra-legal courts, such as military commis- foreign and military aid on compliance international law, and he helped to forge sions, extra-legal people, whom we call with human rights, and participating in connections between the human rights “enemy combatants,” and extra-legal prac- such human rights organizations as Helsin- movement and the labor movement and tices, such as extraordinary rendition, all ki Watch and the National Interreligious the environmental movement, drawing exempt from meaningful legislative and Task Force on Soviet Jewry. these emerging networks into the human judicial oversight. Our Congress has largely During the third postwar phase of rights realm. acquiesced, permitting executive infringe- human rights law, the Era of Operational- Today, wherever a dictator is called to ment of civil liberties based in vague legisla- ization of human rights law through insti- account for crimes against humanity; tive mandates, and our policies increasingly tutional action (1976–1989), national and wherever political heat is brought to bear treat aliens as second-class citizens. international systems began to emerge for on an American president to forgo expedi- How to repair the damage and reestab- protecting and enforcing human rights. In ency in favor of the rule of law; whenever a lish human rights as an American priority? Washington, Congressman Drinan became student is called to pursue not merely the We saw a flicker of light with Hamdan an outspoken champion of human rights good life, but a life lived for the good; v. Rumsfeld (2006), in which the US

8 BC LAW MAGAZINE | SPRING / SUMMER 2007 BOOKS PUBLISHED

Beyond the Nuclear Freeze. New York: Seabury Press, 1983

Can God & Caesar Coexist?: Supreme Court held in a 5-3 decision that 2006, Congress passed legislation that, Balancing Religious Freedom and President Bush lacked the constitutional among other things, sought to eliminate International Law and legal authority unilaterally to establish judicial review in matters pertaining to New Haven: Yale University Press, 2004 a system of Military Commissions, which enemy combatants and prohibited enemy violated not only the Uniform Code of combatants from invoking rights guaran- Central America 1980, Nicaragua, Military Justice, but also Common Article teed by the Geneva Conventions. Congress El Salvador, Guatemala: Findings of Three of the Geneva Conventions. sought to undo the Supreme Court’s ruling Closely read, Hamdan prescribes a by statute, placing us on the wrong side of an Investigative Mission. blueprint for the way we should conduct our own law, international law, and inter- Boston: The Committee, 1980 the war on terror and for the future of national opinion, and running the risk that human rights law. Hamdan says that the its new legislation will once again be struck The Changing Role of the Lawyer president’s authority is limited by congres- down by the courts. in an Era of Non-Violent Action. sional exercise of its war powers. It says At this writing, several key cases are New York: [n.p.], 1964 that a person is entitled to the protection of currently wending their way through the legal standards and procedures, and that courts contesting the legislative stripping The Constitution, Governmental Aid, the US is subject to the obligations of the of habeas corpus rights. But these are Geneva Conventions, a defense of human unlikely to reach the Supreme Court before and Catholic Higher Education. rights universalism. It says that, absent next year. Only recently, some members of Dayton, OH: National Catholic explicit congressional approval, the presi- the newly Democratic Congress have Educational Association, 1968 dent cannot deprive even suspected enemy begun talking about new legislation to aliens of their rights. Broadly applied, revise the Military Commissions Act and Cry of the Oppressed: Hamdan’s reasoning would also under- to restore the right of habeas corpus to the The History and Hope of the mine the president’s freedom to authorize prisoners on Guantanamo. Human Rights Revolution. torture, to conduct domestic spying, and to Can Father Drinan’s revolution be res- try suspected terrorists in courts that fail to cued? Ultimately, the answer to that ques- San Francisco: Harper & Row, 1987 meet the standards of domestic and inter- tion rests on four others: national law. Is our executive branch willing to rely Democracy, Dissent, and Disorder: In short, steady application of the prin- on diplomacy and compliance with inter- The Issues and the Law. ciples of Hamdan by the courts, Congress, national law over force and threats of New York: Seabury Press, 1969 the President, and civil society could force, to promote global cooperation? restore Father Drinan’s vision. Is our legislative branch willing to ensure The Fractured Dream: America’s Yet instead, what we have seen since is a that our government and foreign govern- Divisive Moral Choices. legislative repudiation of the Court’s rul- ments play by global human rights rules? ing. In the Military Commissions Act of (continued on page 33) New York: Crossroad, 1991

Global Challenges to Christians in the 1990s. THE DRINAN FUNDS Tulsa, OK: University of Tulsa, Warren Center for Catholic Studies, 1988 Through the generosity of alumni, family, and Father Robert Drinan himself, Boston College Law School has several endowed funds in his name. God and Caesar on the Potomac: The Drinan Family Fund in Support of Public Interest Law was established in 1996 by the A Pilgrimage of Conscience: Writings Rathmann Family Foundation. Income provides financial assistance to reduce the educa- and Addresses on Justice and Peace. tion debt of students and graduates committed to public interest law. Preface by Jimmy Carter. The Robert F. Drinan, SJ, Fund was a gift by Father Drinan in 1992 supporting faculty re- Wilmington, DE: M. Glazier, 1985 search at the Law School.

In 2006, the Class of 1958 (spearheaded by Douglas MacMaster '58) and David B. Perini Honor the Promise: America’s '62 joined in the creation of the Robert F. Drinan, SJ, Chair. The inaugural holder of the chair is Professor George Brown. Commitment to Israel. Garden City, NY: Doubleday, 1977 For more information on these funds, please contact Director of Development Michael Spatola at 617-552-6017 or [email protected].

SPRING / SUMMER 2007 | BC LAW MAGAZINE 9 BY PROFESSOR KENNETH HIMES CATHOLIC THOUGHT ON THE MORAL PROBLEM OF WAR

HE CATHOLIC CHURCH HAS THOUGHT ABOUT THE MORAL appeal to the good ends protected or dimension of war for a long time; the topic arose during the obtained by war; and 3) the use of armed force within war is a rule-governed activity beginnings of the church in the apostolic period of the first cen- for even war is subject to ethical assess- tury. Whether the church has also thought well during the sub- ment and governance. sequent two thousand years is a subject for debate. But there is Catholic thought on these topics is characterized by a cautious optimism. In now a long tradition of Catholic reflection on war and peace. T Catholic teaching, war is not inevitable Robert Drinan was a student of that heritage and it shaped his perspective on and thus we can hope for the abolition of numerous policy debates. war. Tempering this hope is the understanding that, in a sinful world, conflict is For a tradition to be a living tradition it Christian thinkers tended to adopt his view unavoidable. Without deliberate and seri- must have a “growing end.” While rooted of war as analogous to a police action, ous commitment to manage them, con- in the past it must engage the circum- punishing evildoers and protecting inno- flicts will evolve into the armed violence stances of the present. A living tradition cent people. of war. Yet, even in war the moral dimen- permits not only the wisdom of the past to In subsequent centuries scholars such as sion of human existence must not be inform our response to the present, but Thomas Aquinas (d. 1274), Francisco de ignored. There ought to be restraints also allows for the present to elicit devel- Vittoria (d. 1546) and Francisco Suarez (d. upon both the judgment to go to war and opment in the tradition as new settings and 1617) further systematized Catholic the means whereby war is waged. Just new questions are encountered. thought on war. They developed theories war teaching was developed to articulate During the first three centuries of Chris- that reflected the particular historical cir- those restraints. tianity there was a widespread sensibility cumstances of their respective times, i.e., The categories of just war theory were that violence could not be reconciled with feudal rivalries, the presence of militant the dominant form of discourse about war belief in the teaching and practice of Jesus. Islam, the rise of sovereign nation-states, within Catholicism for centuries. The liv- Still, there were pastoral problems to be and European expansion in the new world. ing tradition, however, has witnessed the addressed as converts to the new faith The doctrine of just war, never far re-emergence of nonviolence as a legiti- spread beyond the boundaries of Judaism removed from the actual circumstances of mate alternative to just war thinking in and the region of Palestine. On occasion a the time, was formulated, questioned, Catholic circles. Of course, within Roman new convert to Christianity was a member reconsidered, and reformulated through- Catholicism there have always been sup- of the Roman military, or held a position out the centuries. The rise of nation-states porters of non-violence who questioned of civic administration and governance and modern weaponry compelled just war the soundness of the just war position. Can involving the employment or approval of theorists to further extend and develop just Christian disciples countenance resorting violent force. Could such persons remain war thinking if that tradition was to con- to violence to achieve values such as justice in their pre-conversion roles or must continue to guide the modern conscience. and peace? verts abandon earlier responsibilities? As Today, the emergence of a new context Catholic moral theology has never time passed, various church leaders for just war thinking is forcing the tradi- accorded peace the status of an absolute val- answered that question differently. tion to once more undergo development. ue. This is especially the case when peace is In the fourth century, as the emperor Among the elements of the new context understood in a minimalist sense as being himself accepted Christian baptism and are the diminishing threat of superpower the absence of violence. Church teaching ever larger numbers followed his example, nuclear war, the increasing incidence of has traditionally maintained that such a practical guidance for following the gospel conflict inspired by ethnic and religious minimal peace is not even a true peace. For, led to new theories of what was, and was differences, greater sensitivity to human as Vatican II stated, peace requires more not, permissible for disciples of Jesus. As rights abuses, the risks of terrorism, the than “merely the absence of war.” the growing Christian population moved ever stronger ties of interdependence, and It may be common for people to think from a socially marginal to a leading role the pressures both within and without ter- of peace as what happens once the guns in the empire, the topic of war was viewed ritorial borders which recast traditional cease to fire. Yet in the Bible the prophet in a new way. Within this changing context notions of state sovereignty. Isaiah call peace “an enterprise of justice.” the doctrine of just war gradually evolved. At the center of the doctrine or teaching From this perspective, war is not the oppo- Teachers such as Ambrose (d. 397) and on just war stand three convictions: 1) vio- site of peace. Rather, the outbreak of then Augustine (d. 430) defended military lence, though always regrettable, is not armed violence may be understood as an action if it was undertaken with the proper inherently or necessarily a moral wrong; 2) effort to establish a true peace in a situa- attitude and in the right circumstances. the harm caused by war’s violence may be tion of injustice. It is not a contradiction, Because of the prestige of Augustine, later justified, at least in some cases, by an (continued on page 33)

10 BC LAW MAGAZINE | SPRING / SUMMER 2007 BY SENATOR JOHN KERRY ’76 THE INJUSTICE OF WAR

war as immoral. Father Drinan saw the government of South Vietnam as an artifi- cial and corrupt entity unwilling and unable to become self-sufficient as long as it could rely on an American security blan- ket instead. He saw the war in Vietnam as an American war in a land of poor people largely indifferent to ideology and longing for normalcy. Father Drinan was horrified to see history repeat itself in Iraq, and he spoke out forcefully against a war he believed to be not only ill-conceived but completely immoral. In the best tradition of Saint Augustine, the father of just war theory, he felt that wars of choice are generally unjust wars, that war should always be a last resort. He believed that war must always have a just cause, that those waging war need the right authority to do so, that a military response must be proportionate to the provocation and have a reasonable BURNS ARCHIVE Robert Drinan, center, and John Kerry, right, discuss the Vietnam War during a talk show. chance of achieving its goal, and that war must discriminate between civilians and combatants. N ALL HIS LIFE’S ENDEAVORS, FROM THE CHURCH PULPIT TO THE HALLS For me, the just war criteria with of Congress to the classroom, Father Robert Drinan was guided by a firm respect to Iraq are very clear: Sometimes a president has to use force to fight an ene- and unwavering moral compass. He lived out in public life the whole cloth my bent on using weapons of mass of Catholic teachings. destruction to slaughter innocents. But no In religion and politics alike, he followed his sense that we’re all put on president should ever go to war because he or she wants to—you go to war only this earth for something greater than ourselves. Wherever he went, he was I because you have to. The words “last led there by a concern for the weak, the helpless, the downtrodden. In religion and resort” have to mean something. In Iraq, politics alike, that was his calling. Father Drinan was right: Those words were rendered hollow. It was wrong to And as he walked between these slogan was “Father Knows Best.” I began prosecute the war without careful diplo- worlds, on a path unique in our nation’s studying law at Boston College—where macy that assembled a real coalition. history, he was always true to himself. Father Drinan had once been the Wrong to prosecute a war without a plan Father Drinan was a gentle, resilient, youngest law school dean in the coun- to win the peace and avoid the chaos of and tenacious advocate for social justice try—while he was in Congress, making looting in Baghdad and streets full of raw and fundamental decency. In the most divi- law and making history. sewage. Wrong to prosecute a war without sive days of Vietnam, when things were Father Drinan’s testimony against the considering the violence it would unleash coming apart, this incredible man, this war was remarkably powerful. He saw, and what it would do to the lives of inno- most unlikely of candidates, wasn’t afraid early on, the corruption that corroded the cent people who would be in danger. to take a stand for what was right. sustainability of our allies in the South People of faith obviously don’t have to As a politician, Father Drinan is best Vietnamese government. He toured jails in agree about how we keep America safe, remembered for his spirited opposition to Saigon and met a South Vietnamese politi- how we prevail over terrorists, or how we the Vietnam War. That’s what brought cian there who had been jailed for the end our disastrous adventure in Iraq. But, him to Congress in the first place and it’s offense of placing second in an election. In for Father Drinan, his faith and his politics how our paths first crossed. We met in the religious language of just war doctrine pointed in the same direction: first against the 1970 Peoples’ Caucus. Later, I was and the plain language of common decen- an unjust war in Vietnam, and then against honored to be a part of his campaign. His cy, he urged the Church to condemn the the current tragedy in Iraq.

SPRING / SUMMER 2007 | BC LAW MAGAZINE 11 by jimmy carter

From his forward to God and Caesar on the Potomac, 1985 Drinan as Thinker, Pragmatist

FATHER DRINAN’S CREDENTIALS, AS A HUMANITARIAN, RELIGIOUS LEADER, AND thinker are unassailable. He is a direct descendant and torch-bearer of the most prominent Jesuit leaders in the history of the Catholic Church.

In the polarized politics of the 1980s some religious leaders have come under increasing fire for invoking their religious values to justify various public policies in the political arena. Yet no such criticism can be accurately leveled against Robert Drinan. While he is truly a man of God, a man of deep principle, and a man of profound conscience, his

AP/WIDEWORLD astute grasp of practical solutions to world problems enables him to debate policy as a scholar and practitioner, as well as a religious leader.

Rather, he has made the broad ethical precepts of his what is just, not only for Americans, but for all Jesuit upbringing—peace among people, justice and mankind. Criticizing the imbalanced human rights charity, human rights, dignity for the poor and disad- policies of the Regan Administration, he speaks for all vantaged—an integral part of his public actions. the world’s oppressed in asking for even-handed application of human rights by the Administration. It is his commitment to apply his religious views of human dignity to life’s bitter realities that makes Father Drinan assails other infringements of peace and Father Drinan a recognized leader against any denial social justice. He advances the cause of women’s of individual freedoms—at home or abroad, by gov- rights; he speaks for the poor and homeless; he chal- ernments or individuals. lenges capital punishment.

But conscience alone does not dictate Father Drinan’s Father Drinan’s writings, like his life, are a mixture of appeals. Pragmatism—a sense of what can actually be religion and politics. He has successfully struck the accomplished in a real-life framework—plays a large difficult balance of a deeply religious person, who role as well. With a deep-rooted commitment to the applies his religious principles in the sphere of political preservation of humankind, for example, he has life without imposing his religious creed on others. repeatedly appealed to Americans to join the nuclear To Father Drinan, social and economic justice are freeze movement and to reverse the threatening inseparable from the basic tenets of his religion and nuclear spiral. Yet, acknowledging the illusory the mission of the Society of Jesus. approach to demanding total abolition of nuclear weapons, he urges a realistic solution to one of the I am proud to know Father Drinan as a religious great moral and ethical issues of our age, preventing scholar and thinker blending time-honored princi- nuclear holocaust. This is typical of Father Drinan’s ples with modern realities; as a man of action in the unique ability to find practical solutions, premised on United States Congress, fighting for peace and social ethical values, to complex issues. justice; and as a friend and human being of profound integrity, honesty, and sensitivity to his fellow men In a similar vein, Father Drinan has brought the full and women. thrust of his religious heritage to bear against political persecution around the globe. Exploring human rights Reprinted with permission of the Society of Jesus abuses in Latin America, he asks all of us to search for New England.

12 BC LAW MAGAZINE | SPRING FALL / WINTER/ SUMMER 2004 2007 Q&A MADELEINE K. ALBRIGHT interviewed by jeri zeder Engaging the Disenfranchised

Madeleine K. Albright, America’s first female have the same rights and we need to be treated made. I am concerned about separation of Secretary of State, taught with Father Drinan at with respect. church and state, and I don’t think that my sug- Georgetown University. A principal of The Al- gestions cross that important line. What other projects are you involved with bright Group, a global strategy consulting firm Q: at the moment to help alleviate worldwide What should the United States be doing to for businesses and organizations, Albright has Q: poverty? help eradicate global poverty? been campaigning for action against global poverty. Here are her thoughts on that issue: A: I’m chairman of the board the National A: The Bush administration has increased the Democratic Institute that works on how to sup- size of the foreign assistance budget, but given Q: Father Drinan would no doubt have port democracy across the globe. More and the great needs, and given the great wealth of applauded your promotion of legal rights for the more, we are seeing that democracy has to deliv- this country, we should not be down at the bot- poor as a way to help eradicate global poverty. er, by helping to raise living standards. Poor tom of the list of industrialized countries in Why have you focused on this issue? people who don’t have a sense of belonging to a terms of our generosity towards other countries. A: The Peruvian economist, Hernando de society are not going to want to contribute I think we haven’t been able to fully crack the Soto [founder of the Institute for Liberty and much. I’m also very interested in how emerging nut in terms of how we approach poverty Democracy in Lima], has a theory that if the countries work. because what we’re doing is episodic. Poverty is poor can be part of the legal system of their Also, I’m so tired of the divisions in Wash- a very long and complex issue. I think that we countries, they can leverage their assets to ington between the political parties that I have need to have sustained interest and try to find accumulate capital and begin to climb the eco- tried to seek out conservative Republicans to the different approaches and not think that one nomic ladder and become active participants in work on issues that we have in common: trying is better than the other. They can be comple- their countries. De Soto asked me to co-chair to stop genocide and the suffering in various mentary. a commission under the auspices of the United parts of the world. A lot of the Christian evan- Are you saying that we have to have more Nations Development Fund on the legal gelical movements do have a very humanitarian Q: institutions aimed at poverty? empowerment of the poor. aspect to them in terms of helping to alleviate poverty. So I’ve tried to work with them. A: I think the problem is not the institutional- Q: Why do you say that poverty, ignorance, ization of it; the problem is that there’s not that and disease deserve the same attention as Q: Your book, The Mighty and the Almighty: much money going into poverty eradication, nuclear proliferation and terrorism on the inter- Reflections on America, God, and World Affairs and that we haven’t totally figured out what the national scene? (HarperCollins 2006), looks at the role of religion best delivery systems are, or how the countries A: I’ve actually called ignorance, poverty, and in international affairs. What role should that are receiving the money are dealing with it. disease the Axis of Evil. Almost two-thirds of religion play? I think that it requires a lot of attention. The the people in the world live outside of legal sys- A: I come from a generation of international problem is, no matter what institution you have, tems, huge numbers of people live on less than relations specialists and practitioners who it takes money, and that’s the hardest part. one dollar a day, and millions are victims not would say that problems are so complicated What can be done to help Americans devel- only of HIV and AIDS, but also diseases that already, let’s not bring God and religion into Q: op the political will to insist on foreign policies come as a result of a weakened system, or of them. But it’s evident now that you have to that address global poverty? malaria. It’s wrong that people who are like us bring God and religion into them. in other respects should live that way, and it cre- Archbishop Tutu has said religion is like a A: I do think that the American people are the ates a sense of anger on their part which threat- knife: You can either shove it into somebody’s most generous people in the world, but I think ens economic and social stability both now and back, or you can use it to slice bread. And I our attention span is short. over time. think that is a very symbolic way of describing One of the things that has happened, and what religion can do. legitimately, if I may say so, is what I call the Is this what you mean when you talk about Q: I, in the end, have fairly modest recommen- Katrina Question. [New Orleans] is so much the gap between rich and poor? dations, primarily that our diplomats begin to worse than anything else going on in America A: Yes, exactly, in terms of people sensing that understand that religion is something that they and that we’ve seen on television, and it’s gone their lives are not considered important, that have to know a lot about, that the Secretary of on for a very long time. How do you persuade their dignity is not considered important, that State has arms control advisors and economic people to give money abroad to poverty when their value to human society is not considered advisors and all kinds of advisors, and that he or we aren’t dealing with a very serious issue in our important; while there are other people who she should have religious advisors also. Reli- own country? How do you persuade people that live with more than they need. My own sense, gious advisors can be resources during negotia- helping places that you can’t pronounce is as and certainly Father Drinan’s, was that we all tions and validators after decisions have been (continued on page 33)

SPRING / SUMMER 2007 | BC LAW MAGAZINE 13 The Congressional Years 1970 ~ 1980

1970 became first Catholic priest elected to Congress 1971-1981 served in US House of Representatives (D-4th District, Massachusetts) 1971-1974 member, House Committee on Internal Security

1975-1976 AP/WIDE WORLD member, Steering Committee of Members of Congress for Peace through Law 1975-1981 member, House Committee on Government Operations 1977-1981 member, House Select Committee on Aging 1979-1981 chair, the House Subcommittee of Criminal Justice of the House Judiciary Committee 1973 filed initial impeachment resolution against President Richard M. Nixon for the secret bombing of Cambodia 1975 filed an impeachment resolution against Richard Helms, then-US ambassador to Iran, for his activities as CIA director 1975 filed lawsuit with 21 Democratic congressmen to block US military action in Cambodia 1980 declined to run for reelection to the 97th Congress after the Vatican

ruled that a priest cannot hold a PHOTOS COURTESY OF BURNS ARCHIVES legislative position

SPRING / SUMMER 2007 | BC LAW MAGAZINE BY DARALD AND JULIET LIBBY PROFESSOR SANFORD N. KATZ ENSURING FAIRNESS IN FAMILY LAW

T IS NOT HARD TO BELIEVE THAT FATHER DRINAN BEGAN HIS TEACHING ment of property and the disposition of and scholarly career in family law. Family law was a natural area of interest children. How unfair it would be if a husband could walk out on his wife without because of his serious study of theology, which he undertook during his Jesuit any economic consequences. But that is training, and his interest in the application of religion to law. The interface not how the law works. Whether a divorce between religion and law became a lifelong interest, although it took various is granted for fault or for no-fault, in an equitable distribution state, like Massa- forms, ultimately manifesting in his work on the separation of church and state. I chusetts, marriage is treated as a partner- Father Drinan was chairman of the Family Law Section of the American Bar Associ- ship. Upon divorce, the controlling ques- ation, which was established in 1958. Under his leadership, the Family Law Quarterly tion is not who has title to what, but who has contributed to the acquisition and/or was begun, and he was its first editor-in- that event would constitute the legal mar- the appreciation of property during mar- chief. The Quarterly has become the most riage. Any religious ceremony that fol- riage. Such a question takes into account influential family law journal in the United lowed would have purely religious signifi- all kinds of contributions, including, but States. cance. Reading his article today, I am not not only, financial. The fact that “contri- In the forty years that have passed since sure whether Father Drinan would agree bution” is the key to determining who gets Father Drinan published his article, with such a change in state marriage laws. what means that non-working spouses “Reflections on Contemporary Dilemmas A year after Father Drinan’s article was who stay home, raise children, and provide in American Family Law” in the Family published, California passed its no-fault all kinds of support to the other spouse, Law Quarterly, the issues that he thought divorce law, which became a model for are not forgotten and left without means at were important remain relevant. He was other states so that today all states have the time of divorce. concerned with the legal issues regarding some form of no-fault divorce. Because Throughout Father Drinan’s career, he the establishment and termination of mar- Father Drinan believed in the sanctity of was very concerned with the plight of chil- riage and the treatment of children of marriage, I am not sure he welcomed the dren. He believed that they were often the divorcing couples. He recognized the ten- new laws which, by abandoning fault, victims of divorce and that a special effort sion between the religious and secular made divorce easy and basically allowed should be made to protect them. He was aspects of marriage and believed that the husbands and wives to break their mar- particularly mindful of their need for state should be neutral towards all reli- riage vows—so solemnly stated during the financial support. At his death, Father Dri- gions. However, he believed that the state marriage ceremony—at will. Father Dri- nan was completing a book on human should not reject “the ideal of marriage as nan recognized forty years ago that it rights for children, as part of his major a solemn covenant.” would be difficult to assign the increase in interest in international human rights. To Unlike in many other countries, espe- divorce rates to the advent of no-fault the end, it was the vulnerable in society cially Europe, marriage laws in the United divorce, and that is still true today. Divorce who concerned him and for whom he felt a States do respect the religious aspect of rates increase and decrease because of a special affinity. that status. There is a merger of the reli- number of factors, only one of which is Family law has changed enormously gious and the civil. Indeed, provisions in divorce laws. since Father Drinan left the field. It has marriage laws allow clergy of recognized Another major concern is the divorce taken various turns and moved into new faiths to marry couples under the authority process itself. How can it be humane? directions. The major issues in family law vested in them by the state. Marriage cere- How can it be fair? How can the vulnera- today concern the application of state and monies in churches and synagogues are ble, women and children, be protected? federal constitutional law and the impact both civil and religious events. The date of How can an angry, often disappointed and of new assisted reproductive technology the marriage is, therefore, the date of that distressed, couple go through a legal on family formation. In both of those ceremony. In recent years, provisions process and complete it feeling that they areas, Father Drinan’s cautious voice and allowing clergy to preside at marriage cere- have been treated fairly? Father Drinan sense of humanity will be missed. monies have come into question and there welcomed marital counseling programs, has been some thought given to removing whether independent or court-related. He that authority and adopting the European felt that hasty decisions about divorce model of separating the religious from the could be examined and perhaps reversed civil. That would mean that couples would with the appropriate kind of therapy. In be formally married in a civil ceremony at this view, he has found many supporters. the site where today marriage licenses are The fairness of the divorce process is secured, like an office in the city hall, and most important with regard to the assign-

SPRING / SUMMER 2007 | BC LAW MAGAZINE 15 Q&A SENATOR WARREN RUDMAN ‘60 interviewed by jeri zeder Bridging the Partisan Divide

The year Father Robert Drinan left the House point that it becomes more and more difficult to we’ve always managed to come out the other of Representatives, Republican Warren Rud- work across the aisle. side better than when we started. So, yes, I’m man ’60 began his career as senator from New optimistic. Hampshire, serving two terms from 1980 to Q: Are there certain classes of issues that are So you don’t think this is a more dire time 1993. Admired and respected on both sides of more amenable to bipartisan treatment? Q: than others? the aisle, Rudman was chairman of President A: Most issues are amenable. Tax increases Clinton’s Foreign Intelligence Advisory Board versus tax cuts, the size of appropriations, the A: I think it’s as dire but no more dire. And I and co-chair of the US Commission on Nation- size of the military, environmental laws—all of think the solutions require leadership at all levels. al Security/21st Century. He is a founder of The those tend to grow incrementally. You never Q: When you have a two-party system and Concord Coalition, a non-partisan group that tend to get it all done at the beginning, so you both the legislature and executive branch go in educates the public about federal deficits and try to take it step by step. It takes time. It takes one direction, how do you have bipartisanship? entitlement programs. Rudman is currently a bipartisan work. partner in the international law firm of Paul A: There are two ways to look at that. One Weiss Rifkind Wharton & Garrison. Q: How much is the lack of bipartisanship way is to say if the White House and both hous- Rudman was on campus this spring to mod- today the result of the American people either es of Congress are controlled by the same party, erate the panel, “Achieving Bipartisanship: The not wanting it or not understanding it? they’re either going to do well, or the electorate Challenge for National Leadership,” which fea- A: I think the American people probably want is really going to erupt at them. And that’s tured political leaders John Kerry ’76, Edward more bipartisanship. They may not express it exactly what just happened last November. You Markey ’72, Bobby Scott ’73, Michael Capuano that way. They keep saying why are you always get a Republican House, a Republican Senate, ’77, Paul Hodes ’78, and Stephen Lynch ’91. fighting about everything in Congress and Republican President, people are very unhappy Washington? Why can’t you get together and with Katrina, Iraq, people are unhappy with the Q: What do you know about Father Drinan’s get along? corruption in Washington, the ethics in Wash- views on bipartisanship? ington, and they said, throw the bums out. A: He was a person who believed that you Q: Some analysts have said that a positive This election was very much a national elec- ought to listen to the views of others. But even aspect of the two-party system is that it prevents tion. Tip O’Neill was fond of saying all elections more importantly, he is one who would not just America from being pulled to extremes… are local. Not really. This year was a national give lip service to somebody else’s views. He A: That has been true. election, certainly around the country where a would take their views seriously. I think that lot of very good office holders got swept out Father Drinan, if you were to ask him today, Q: …but these days, the parties and the coun- because they were Republicans. That happened would probably bemoan the lack of bipartisan- try seem so polarized. How can we have biparti- in 1994; it happened to the Democrats in the ship that exists. sanship today? House. My view is you’re going to get what the A: It’s going to be hard for a while. I think it’s people of this country want or you’re going to Q: What is bipartisanship? going to take some time. We’re going through have changes in the election results. A: It’s the ability for people who have strongly another one of the times in our history that’s There are some people who say, I prefer a held views to move toward compromise to get a very difficult politically with a lot of difficult split government because, therefore, there’s a solution that is better than the status quo, with- problems to solve, a lot of people with hard feel- check and balance between the White House out sacrificing one’s principles. ings about elections that have taken place in the and the Congress. Well, I’m not sure I agree last few years. But, eventually, these problems with that. I would rather have a party account- What mechanisms need to be in place for Q: have to be solved and, eventually, these parties able to the electorate. bipartisanship to happen? will come together and solve them. They don’t A: Well, the mechanisms are in place, they just have a choice. You can’t let certain problems go Q: Unlike in the 1960s, young people today are aren’t working anymore. There was a time in unsolved any more than you can let a fire rage not hearing people in public life speaking in ide- the Congress where you served on committees out of control in a downtown and let it burn the alistic and inspiring ways. Do you have any com- with people of the other party and you got to town down. ments on that? know them very well and you worked on legis- A: Plenty of people around the country are lation together and you could get things done. Q: You have a lot of optimism. speaking passionately about important things, but Much of that has broken down. The nastiness A: I do. I’m kind of a history buff. I’ve looked they don’t get heard. Plenty of people are speaking of political campaigns, the power of some of the at the history of this country and we’ve come in Congress today, every day, passionately about talk radio and television shows—they have through all kinds of crises over a long period important issues, and they don’t get heard. raised the level of animus between people to the of time, terrible crises, like the Civil War, and I think that, with patience, it will happen.

16 BC LAW MAGAZINE | SPRING / SUMMER 2007 ROBERT F. DRINAN, SJ, PROFESSOR GEORGE D. BROWN ELECTED JUDGES AND THE CONSERVATIVE DILEMMA

Father Drinan had an abiding interest in justice. This article grew out of the inaugural As Justice Sandra Day O’Connor stated, lecture by Drinan chair holder George Brown, and deals with the core issue of the judi- “It is in the manner that a state structures its government that it defines itself as a cial process and the absolute necessity that courts be just and be perceived as just. sovereign.” I contend that structuring

OST OF THE JUDGES IN AMERICA ARE ELECTED.YET THE extends beyond the choice to have an elected judiciary to the manner of its election. institution of the elected judiciary is in trouble, perhaps in The second is the importance of the “labo- crisis. The pressures of campaigning, particularly raising ratory” function of states within a federal money, have produced an intensity of electioneering that system. The election of judges is a good area for states to perform this function. many observers see as damaging to the institution itself. There is widespread disagreement over They decry the “politicization” of the judiciary. It is true how to regulate the election of judges, Mthat states with elected judges have in place mechanisms to regulate judicial elections, indeed, whether it can or should be regu- lated in a manner at all different from the what candidates say and how they raise money, for example. election of other officials. However, these mechanisms—based on states cannot have it both ways. If states The debate over regulating judicial the American Bar Association’s Model choose to “tap the energy and the legitimiz- elections does not admit of easy answers. Code of Judicial Conduct—have frequent- ing power of the democratic process,” they Among the questions that arise are the ly been invalidated by the courts. Obvious- must accord judicial candidates the full following: ly, governmental regulation of political panoply of the First Amendment protec- • When it comes to First Amendment activities raises serious First Amendment tions that would apply to all other elec- rights of candidates and voters, are all elec- problems, particularly in the context of tions. As Justice Anthony Kennedy put it, tions alike, or can differences in the offices elections where, the Supreme Court has “[A] state cannot opt for an elected judicia- to be chosen lead to different degrees of said, the Amendment’s force is at its zenith. ry and then assert that its democracy, in regulation? Although this development predates it, order to work as desired, compels the • If the answer is potentially yes, just the Supreme Court decision in Republican abridgement of speech.” For the chal- how different is the judicial function from Party of Minnesota v. White gave signifi- lengers, defenders of the Canons are trying that of legislators? Are they similar in that cant momentum to the attack on the to prevent the politicization of politics, like they both make policy, or are adjudica- Canons and the state rules derived from King Canute trying to hold back the sea. tion/application of law fundamentally dif- them. White struck down Minnesota’s I present an alternative conservative ferent from legislative making of law? Announce Clause, which stated that a judi- position. My arguments are based initially What about the fact that legislators have cial candidate shall not “announce his or in federalism, certainly a bedrock conserv- constituencies, while judges, in theory, her views on disputed legal or political ative doctrine. The starting premise is that do not? issues.” Since White, the Canons have been conservatives have a substantial stake in • In our constitutional system, what, if under, often successful, siege. A familiar the health and vitality of the state courts. any, are the limits of a popular control of pattern has emerged. The challenges are Doctrines of judicial federalism are central the judiciary through the electoral process? brought by conservative candidates and to concepts of federalism in general, and Is a point reached at which the due process groups, usually represented by prominent those doctrines rest on the notion of pari- rights of litigants are threatened? conservative lawyer James Bopp. The state ty—particularly the view that state courts • Of what relevance is the possible view judicial establishment, bar associations, are equally as capable as the “indepen- that choosing an adjudicator is a political and reformers line up on the other side, dent” federal judiciary of protecting indi- act, but the process of adjudication is not? either as parties or amici. The battles bear a vidual rights. If the election of state judges Might it be said that judges derive their close resemblance to those fought over has reached a point that threatens the legitimacy from the office itself, not from campaign finance reform. Indeed, the issues rights protection capability of state courts, their mode of selection? coalesce, with conservatives rallying under the entire conceptual framework of judi- • Does the practice of campaign contri- the First Amendment banner in tones that cial federalism is placed in doubt. butions from potential parties also threat- evoke the strong dissents of Supreme Court Two other aspects of federalism are en due process? How can a campaign be Justices Antonin Scalia and Clarence invoked to place the debate in its policy run without money, assuming no public Thomas in campaign finance cases. The context. The first is the importance of the financing? challengers have argued, in essence, that states’ ability to structure their institutions. (continued on page 33)

SPRING / SUMMER 2007 | BC LAW MAGAZINE 17 BY PROFESSOR PHYLLIS GOLDFARB ABOLITION’S ABBOT

UST AS IT WAS VANISHING FROM WESTERN EUROPE AND MANY OTHER abandon the death penalty, United States’ nations throughout the world, the death penalty in America seemed to resistance is tested, because our national interests require maintenance of these have run its course by 1972. In that year, the Supreme Court ruled in the alliances, whether for purposes of prose- case of Furman v. Georgia that the death penalty as administered in the cuting terrorism, conducting trade, or oth- states was arbitrary and discriminatory and therefore unconstitutional. erwise participating in a globalized world. A third factor of profound significance From his Congressional office, Father Robert Drinan hailed this victory is the advent of DNA evidence. The Jthat his political and educational labors had helped to create, joining the chorus of those advancing sophistication and availability who celebrated the advance in human rights that the end of the death penalty marked. of DNA technology has altered the death penalty landscape in a dramatic way. For But reports of the death penalty’s tal reality that underlies the state’s the first time, the arguments long voiced demise were greatly exaggerated. A newly assumption of the power to take human against the death penalty by Drinan and constituted Supreme Court quickly rein- life that as the century turned, so too did others have been bolstered by scientific stated the death penalty in the 1976 case public opinion. Due to that work and to a corroboration of our stunningly faulty of Gregg v. Georgia, holding that confluence of recent events, the direction system for deciding who lives and who improvements in state statutes had solved of the death penalty wind is changing. dies. In light of this science, the Supreme the problem of arbitrariness and discrimi- Four major energy sources have inten- Court’s prior assertions that modern nation in the death penalty’s application. sified the winds of death penalty change. death penalty statutes have ameliorated No doubt this rapid turn of events dis- First is the widespread availability of life- the problems of arbitrariness and discrim- tressed Drinan, who saw law as insepara- without-parole sentences that provide a ination ring hollow. ble from moral and religious imperatives non-lethal alternative punishment for the A fourth important feature in the to alleviate suffering and protect the vul- most horrendous crimes. In other words, recent erosion of support for the death nerable—the vision on which he had built contemporary penological practices ren- penalty comes from the courts. The Boston College Law School. But agitation der the death penalty utterly unnecessary courts’ pivotal role is paradoxical, as it in his mental state spawned agitation as a to protect society. Although Father Drinan derives not so much from judges’ willing- method of action for creating social might have quarreled with those who ness to recognize the flaws that DNA evi- change. Drinan simply began again, believed that the death penalty ever had dence is so rapidly exposing as from their embarking on another round of anti- such a protective impact, he certainly sup- regular refusal to do so. What the conser- death penalty advocacy that, along with ported the view that life-without-parole vative takeover of the federal judiciary has his work on other causes, lasted for the sentences in modern correctional systems meant in the death penalty context is that remaining three decades of his life. remove the purported protection-of-soci- judges have increasingly rejected plausible The 1980s and 1990s were hard years ety justification from the store of argu- claims of constitutional error in an effort for death penalty opponents. Death penal- ments on the death penalty’s behalf. to embrace state efforts to implement their ty support was at its zenith and opposition Indeed, this is the perspective that led death penalty laws. to the death penalty was considered the Pope John Paul II to withdraw his support While a highly politicized conservative third rail of American politics. No longer for capital punishment, a development judiciary has constructed law in a way a Congressman, Professor Drinan of that must have caused Father Drinan that greases the track to execution, a long Georgetown University Law Center much rejoicing, as vocal opposition to the parade of death row exonerees presents understood that, even at its peak, popular death penalty began to issue from the irrefutable evidence of a large number of support for the death penalty, though a Church that he loved so dearly. factual and legal errors in decisions about mile wide, was but an inch deep. As a pro- A second major element driving change who is condemned to death, with reasons fessor of human rights law and a member is abolitionist pressure from the rest of the to believe that we have not yet uncovered of the American Bar Association’s House world. Democratic regimes, including all all the errors, even in the cases of some of Delegates, he used his bully pulpit to of Europe, have forbidden capital punish- who have already been executed. In this influence perceptions of the death penalty ment for several decades, and the interna- context, judicial inaction and widespread and alter the climate surrounding it tional human rights norms that Drinan exonerations represent a volatile combi- When Father Drinan left us, the vine- helped to develop have evolved to prohib- nation, ironically undermining percep- yard in which he had toiled was heavy it it. Over the long haul, the United States tions of the integrity of the legal system with fruit. He and others had labored so can ill afford to be perceived by its vital through the courts’ efforts to show sup- mightily for so long to expose the death allies as a persistent human rights violator. port for it. This perfect storm poses a penalty’s underbelly and to reveal the bru- As our allies step up political pressure to major threat to the death penalty’s future.

18 BC LAW MAGAZINE | SPRING / SUMMER 2007 Father Drinan was one of the devoted PROFESSOR JOHN LANGAN, SJ band of abolitionists who organized effec- tively around the recent convergence of John XXIII, in his great encyclical, Pacem in Terris (1963), which was written these powerful forces. exactly halfway through the course of Robert Drinan’s life, has a passage H.G. Wells once defined civilization as a race between education and catastro- which puts before us an important goal, the vision of a society of citizens phe. As a professor of human rights, Dri- exercising and claiming rights: “It is agreed that in our time the common nan helped education gain considerable good is chiefly guaranteed when personal rights and duties are maintained. ground in the competition. As a founder …If any government does not acknowledge the rights of man or violates and long-time chairperson of the ABA’s them, it not only fails in its duty, but its orders completely lack juridical Section on Individual Rights and Respon- force.” Pacem in Terris (60–61). sibilities, he led the ABA to acknowledge that thousands of people were under A society built on the practice of rights is not so sweetly transcendent as death sentence not solely because of their the holy mountain of feasting and joy which Isaiah summons up for us; it is crime, but because of circumstances such not so intimately and delicately responsive as the virtue of charity, or as their race, their poverty, and their men- agape, which St. Paul commends to us. But it is essential to the realization tal health. He urged the ABA, as the offi- of the common good in a world which is marked by enormous human diver- cial voice of the American legal profession, to declare that the amount of sity and intermittently intense social conflict. It is a reality which protects demonstrated error in the death penalty those of us who are neither beasts nor angels from our own worst impulses system could be tolerated and ignored no and from the harms which others would do to us. It is not the realm of the longer. His advocacy within the ABA best but of the imperfect good and the necessary. It has been the favored facilitated its 1997 resolution calling for a realm of Anglo-American jurisprudence and a refuge for those who suffered moratorium on the death penalty until from brutal and destructive social experiments carried on in the name of such time as the problems in its adminis- ideology and religion. tration could be remedied. It is a realm which Robert Drinan, as a distinguished American lawyer and f course, Father Drinan professor of law, and John Courtney Murray, the great American theologian, would have preferred the valued and commended to other Catholics, especially for its affirmation of resolution to call for the religious liberty. O abolition of the death penalty. Independent of the problems in its (Excerpted from Georgetown University Professor John Langan’s homily for the funeral administration, he opposed the death of Father Drinan at St. Aloysius Church, Washington, DC, February 1, 2007) penalty on moral and religious grounds and as a matter of the bedrock human rights obligations of nation-states. He implored his ABA colleagues to adopt his by the mid-1800s that chattel slavery was feel his presence. We knew that once our unqualified opposition to the death destined to be abolished. Its critiques beloved priest-professor-prophet-politi- penalty and to render it obsolete as a legal were too strong. Its brutality was too cian left us—unique figure that he was— sanction. But pragmatism was as con- apparent. Its existence contradicted other he could not be replaced. Yet any act we stituent a part of Drinan’s character as visions that we had of ourselves as a take to lighten the burden of the disem- was his idealism. If a moratorium resolu- nation. Drinan knew that the death powered and promote substantive justice tion was all he could achieve, then penalty, like slavery, could not be sus- in the world honors his memory and unquestionably he would endorse it and tained indefinitely against the forces chal- draws us closer to his legacy. redouble his efforts to demonstrate that lenging it, and he spent countless hours the flaws in the application of the death persuading others to be on the right side penalty were irremediable. of history. In the process, he gave educa- Although Father Drinan did not live tion an insurmountable lead in the race long enough to see America abolish the against catastrophe. death penalty, he did live long enough to If, as I fully expect, the death penalty is see that abolition is at hand. It is as clear abolished in my lifetime, I will be think- today that the American death penalty is ing of Father Drinan on that day, trusting moving toward abolition as it was clear that in the death penalty’s absence we will

SPRING / SUMMER 2007 | BC LAW MAGAZINE 19 THE ACADEMIC & BY CHARLES E. WALKER JR. ‘78 PROFESSIONAL YEARS WAGING A PRIVATE 1969-1970 | served as vice CIVIL WAR FOR CIVIL RIGHTS president and provost of Boston College

1972 | served as a member of the Massachusetts Attorney General’s AST WEEKEND I REMEMBERED PAINFULLY THE NIGHT THAT DR. Committee on Civil Rights and Martin Luther King was murdered. At the time I was a professor at Civil Liberties Boston College Law School. As I was coming out of my office to walk home, four black students from the South stopped me in the 1972 | co-founded the National corridor and screamed, ‘They killed him’! That night I sat down Interreligious Task Force on Soviet Jewry and talked with those young men for two hours. Since that night I Lhave tried to keep in touch and follow the progress of those four young men. Six months 1981 | becomes professor at ago, I wept with pride and emotion when one of those students called to tell me that he Georgetown Law School; over next 26 had been nominated as a federal judge. years, taught international human — From the 1995 keynote address by Father Robert F. Drinan at the University rights, constitutional law, civil liber- of San Francisco Law Review Civil Rights Symposium ties, legislation, advanced legal ethics, and religion and government There is a photograph that accompa- of South Boston, Roxbury, Dorchester, nied Boston College’s obituary of Father and Mattapan, the American Bar Associa- 1987 | became a founder and Robert Drinan (see the picture on Page 3 tion, or the oval offices of Presidents faculty advisor of the Georgetown of this issue) that is the perfect metaphor Carter, Reagan, Bush I, Clinton, and Bush Journal of Legal Ethics of his righteous indignation towards racial II, the message from the self-proclaimed injustice and civil rights violations in this “mad monk” on civil rights was clear and country. With the nation's Capitol in the unambiguous: Racial justice and equality awarded John Gardner 2001 | background seemingly resting on his of opportunity in every quadrant of soci- Public Service Award by Common shoulders, Father Drinan stands in his ety had to happen with their “direct Cause; had served several terms on black suit and signature clerical collar, action” and it had to happen now. As he Common Cause’s National arms folded, furrowed brow and eyes cast said in a speech to the Catholic Interracial Governing Board towards the future. He appears to be Con- Council of Milwaukee in 1964, “The gress’ cornerstone and justice’s rock. white man in America will forget about 2004 | won the ABA Medal, which Among his many attributes, Father Dri- the plight of the Negro…unless he is nan was a Jesuit priest first and a civil and forced to remember! Direct action there- recognizes especially distinguished human rights activist second. To those of fore cannot cease. Its necessity should service to the cause of American us standing closest to the flames of racism, shame the white man but its indispensabil- jurisprudence; served as chair of ABA’s he was, in the words of Georgetown Law ity should never be forgotten by Negro Standing Committee on Professional- Center’s Everette Bellamy, a “gift from groups.” ism, chair of Standing Committee God,” someone with “a vision to eradicate Father Drinan's perceived role was not of World Order Under Law, chair and all racial injustices” in America and a mis- to propose more civil rights legislation, but member of Section on Individual sion to fulfill it. rather, in the same vein as Dr. Martin Rights and Responsibilities What was the genesis of Father Dri- Luther King Jr. and Mahatma Ghandi, to nan's commitment to civil rights? “Civil breathe the morality of civil rights into our and human rights were at the core of his laws and the blood of its mandate into the 2006 | BC Law and Georgetown existence,” suggests Ladislas M. Orsy, SJ, veins of American culture. Law Center established Robert F. a colleague of Drinan’s at Georgetown On November 5, 1960, four years into Drinan, SJ, Chairs Law Center for many years. “It was part his term as BC Law School dean, he deliv- of his being. You never questioned it. It ered a sermon called “Human Rights in 2006 | received Congressional was always there….” the Sixties” in which he posed a question Distinguished Service Award Father Drinan was a priest with a to the ancient Athenian jurist, Solon, as to mobile pulpit. Whether he was addressing “how justice could be secured.” According the Boston School Committee, Massachu- to Father Drinan, Solon replied that “jus- died at January 28, 2007 | setts Legislature, or US Congress; the tice is assured ‘if those who are not injured the age of 86 House Judiciary Committee, boardrooms feel as indignant as those who are.’” of multinational corporations, or public Father Drinan, injured or not, shared schoolrooms; parent-teacher associations and indeed embraced this indignation

20 BC LAW MAGAZINE | SPRING / SUMMER 2007 towards racial intolerance and injustice. CONGRESSMAN ROBERT C.“BOBBY” SCOTT ’73 He used Solon’s quote often during the next four and a half decades in speeches, During his tenure in the House, Father Drinan was a powerful voice for the sermons, lectures, and scholarly articles to poor and the disadvantaged; and as a man of faith, he clearly understood punctuate his convictions about combat- morality in its true sense. Just two years ago on NBC's “Meet the Press,” ing discrimination in employment, hous- ing, and education as well as institutional Father Drinan eloquently stated: racism. It was his prayer and his homily to “There's a common core of moral and religious beliefs, and frankly, we are support his private civil war for civil rights. In a prophetic 1964 article, “Racial Bal- in total violation of that. We are supposed to be good to the poor; we have ance in the Schools,” Father Drinan wrote: more poor children in America than any other industrialized nation. We're “The most explosive civil rights struggle in supposed to love prisoners and help them; we have 2.1 million people in Northern cities during the next ten years prison, the largest of any country on the Earth. We also allow eleven will have to do with racially imbalanced children to be killed every day. All of the religions are opposed to that. schools or de facto segregation in educa- That's violence. Why don't we organize on that?” tion.” Ten years later, sixty-eight Boston public schools were deemed racially imbal- …Father Drinan's compassion for the disadvantaged did not end with his anced in violation of the state’s 1965 tenure in Congress….[He] continued to advocate for basic rights with his Racial Imbalance Act. Judge W. Arthur service with the International League of Human Rights, the Lawyers Com- Garrity after finding in Morgan v. Henni- mittee for Human Rights, the International Labor Rights Fund, and the gan that “school authorities had knowing- NAACP Legal Defense and Education Fund. ly carried out a systemic program of segregation affecting all the city’s students, I did not have the personal privilege of serving alongside Father Drinan in teachers, and school facilities and had this Chamber, but I first encountered Father Drinan's commitment to intentionally brought about or maintained equality during my senior year in college. At that time, Father Drinan was a dual system,” ordered busing to desegre- gate Boston’s schools. dean of the Boston College Law School, and he went out of his way to open In a 1965 sermon to a guild of opportunities for minorities at the Law School. This motivated me to apply Catholic lawyers in Jamaica, New York, to Boston College Law School, and today I am a proud graduate of the Father Drinan made a special appeal to Class of 1973…. Catholic members of the legal profession to redress racial segregation of public A Jesuit priest who, even as a member of Congress, lived in a small room schools not as a legal responsibility but as in the Jesuit community at Georgetown, Father Drinan helped make better a moral duty. the lives of countless millions of Americans of all religious, racial, and Catholic lawyers “more than any other ethnic backgrounds. group have the responsibility of enlighten- ing and inspiring the poorly informed con- (From a eulogy given in Congress, February 5, 2007, and reported in the Congressional Record) science of many Northern urban Catholics regarding the inherent equality of de facto segregated schools,” Father Drinan said. He also placed Catholic jurists in his cross clouds and changes his judgment.” action,” the embodiment of the sacred hairs. “The tragic problems [and] tragic In the address Father Drinan further scripture and admonition from the Epistle plight [of maintaining a racially imbal- appealed to Catholics of all walks to of James that “faith without works is anced school system] central to interracial examine their consciences. “The position dead.” justice, poses dilemmas which Catholic of Catholics in Northern cities with regard As dean, Father Drinan transformed jurists cannot evade or professionally to integrated education may be sociologi- Boston College Law School into his new avoid,” he added. “If anyone and especial- cally understandable but it is theologically pulpit, making it a nationally ranked law ly a Catholic jurist refuses to accept the scandalous because it betrays an immoral school with a reputation for excellence in fact of the basic inequality of racially indifference towards one of the greatest legal training, a place dedicated to social imbalanced schools, he is either very ill- injustices of this generation,” he said. justice and with a student body that informed or prejudiced to the point where As powerful as his words were, Father reflected a society it would serve. Consis- his bias, unconsciously, or otherwise, Drinan was also an apostle of “direct (continued on page 34)

SPRING / SUMMER 2007 | BC LAW MAGAZINE 21 Q&A CONGRESSMAN BARNEY FRANK interviewed by jeri zeder Morality’s Place in Politics

The walls of the handsomely spare waiting eral Democrats. They voted for economic lib- mental Christian responsibility to respect believ- room of Congressman Barney Frank’s Newton eralism, but they weren’t great social liberals, ers of all faiths, and non-believers as well. How office are free of pictures of the congressman and there was nothing reformist about them. do you see this manifesting in politics? cutting ribbons, kissing babies, or posing with When Bob Drinan beat Phil Philbin in the pri- A: He used to quote Saint Francis: “Teach the the rich and powerful. There is, however, the mary in 1970, that was the beginning of a rev- gospel. Sometimes use words.” This was a man photo of a priest. Which might otherwise seem olution in Massachusetts politics that really who lived by a very, very rigorous, demanding, odd, given the fact that Frank is both Jewish ended twelve years later when Mike Dukakis personal moral code. He was chaste, he was and gay, except that the priest in question is came back and beat Ed King. But by that time, obedient, he lived in poverty. I mean, he lived Father Robert F. Drinan. the congressional delegation had included Jim this incredible moral code and he had options, Drinan was, of course, Frank’s predecessor Shannon and Gary Studds and Ed Markey and obviously. That didn’t mean, however, that he in Congress from 1971–1981 before he stepped me and Paul Tsongas and was greatly trans- thought that government had no moral purpose down when Pope John Paul II ordered him to formed, and it went from being a kind of big or no moral rules. Morality, public morality, choose between politics and the priesthood. city and labor delegation to being a more liber- meant governing the relations between people, Here, Congressman Frank reflects on Drinan’s al, activist delegation. protecting people from being unfairly treated by legacy, religion and morality in government, What about the relationship between Jews others and abused by others, and he was an and human rights. Q: and the Catholic Church? He somehow seemed exemplar of that kind of morality. When it came Q: How do you feel you’ve been changed by to cross a boundary. to those areas where people interact with each other, he was a strict exemplar of a moral code, knowing Father Drinan? Obviously, he was a great champion of Israel A: which was, respect everybody’s dignity. A: Well, I got an appreciation of religiosity. and of Jewish relations and, obviously, Jews There’s a problem for a lot of liberals, which is were among his most passionate supporters. Q: Are we still following that as a society? Is when we encounter deeply held religious beliefs, In some ways, Jews had been unfair to the that in danger? Where do you see that going? it is often these days on the part of people who Church, and in some ways they had some real A: The right wing Republicans get it exactly disagree with us. That wasn’t always the case. reason to be skeptical. I think that one of the backwards. And for six years, the opposite of During the civil rights era, we were dealing with things that was interesting was that some Jews that has been in ascendancy. I think [Drinan’s] deeply religious people. So the example of Bob, who supported him did not really understand life is a refutation of the notion that if you fol- who was this devoutly religious figure, who lived the Church and assumed that all Catholics low a personal moral code you’re obligated to by the vows of poverty, chastity, and obedience, would have to vote for him. And I think some impose it on people and also a refutation of being such an advocate for liberal causes, was Jews were surprised at the extent to which those on the left who say morality has no place very helpful, and I think it helped remind me, Catholics said, hey, I’m not voting for him, and in politics. yeah, don’t fall into the trap of seeing religiosity in some ways that enlightened a lot of Jews that as somehow just a shield for conservatism. It is a there was not the kind of slavish obedience to Q: Do liberals really say there’s no role for very powerful, legitimate factor. the clergy that some of them had frankly and morality? incorrectly thought was part of the Church. Q: What mark do you think Father Drinan A: Some do, yeah, they say they’re reacting made on Congress? Q: Similarly, do you think he transcended against the moral majority, they say, oh, no, boundaries between gays and the church? you’re imposing morality on politics. The A: Human rights was the big issue where he answer is, people need to make the distinction made a difference. Before Drinan, the left used A: Less so, maybe because when he was in between appropriate personal morality and to beat up the regimes on the right. The left Congress, it wasn’t a big issue. I don’t think of public morality. And people often don’t do that. would talk about Franco, and the right would him as being very identified on gay rights. talk about the Communists. And Bob, I believe Q: What do you think was Father Drinan’s Being gay, how did that affect your rela- more than anybody else, said no, wait a minute, Q: greatest legacy? tionship with him? human rights is a neutral principle. A: Human rights. The notion of human rights He also helped change Massachusetts. If you A: There’s no effect. First of all, when he as a neutral principle. go back to the 1950s and 1960s in Massachu- endorsed me, I was closeted and when I came setts, the Massachusetts members of Congress out in 1987, it had no effect. were kind of liberal labor types, rather than lib- Q: Father Drinan wrote about how it’s a funda-

22 BC LAW MAGAZINE | SPRING / SUMMER 2007 WILLIAM RYERSON – BOSTON GLOBE

“The reality is that the newly globalized world needs a formula that will allow, and indeed inspire, churches to be more vigorous in carrying out their essential mission….The churches appreciate the awful injustices in a world where 800 million of God's children are chronically malnourished. People of faith cringe when they realize that the human family spends $900 billion each year on arms and armaments. . . . However, religious groups currently have no place at the table when decisions are made that affect a world where wars continue, starva- tion grows, illiteracy increases, and injustices of all kinds multiply.”

~ Father Robert Drinan in Can God and Caesar Coexist? (2004)

SPRING / SUMMER 2007 | BC LAW MAGAZINE 23 BY PROFESSOR FRANK R. HERRMANN, SJ, ‘77 DEFINING THE CATHOLIC, JESUIT MISSION

HEN FATHER ROBERT DRINAN RESIGNED HIS CONGRESSIONAL This is what they did; this is what a seat pursuant to Pope John Paul II’s request that priests Catholic school that is Jesuit does. Other Catholic schools that are not not hold elective office, his immediate compliance made Jesuit may take a different approach—or clear to the world at large what was always clear to him not. Other law schools that are not and to those who knew him: He was, before all else, a Catholic may share parts of Boston Col- lege Law School’s vision of legal educa- Jesuit priest. He lived out his calling by serving all kinds of tion. All the better. But for us, being a Wpeople, especially the voiceless and vulnerable as a lawyer, legal educator, and legislator. “Catholic, Jesuit” law school means con- That was his way of being a Jesuit priest. tinuing down the path these men have walked, along with many other women In recent years, the terms “Catholic” Africa, South America, India, Korea, and and men in our community. and “Jesuit” have been attached to other Asian countries. Father Drinan’s vision was not idio- Boston College Law School more promi- The use of the word “Catholic” links syncratic. It found its roots in the docu- nently and consciously than in Father the institution with its origins. The breadth ments of the Catholic Church and of the Drinan’s time. The use of the terms does of the term, however, can create misunder- Jesuit Order. Repeatedly and emphatical- not signal a move away from the kind of standings. How does “Catholic” law ly, those documents call for collaboration open and welcoming school that Father school ring in the ears of people who do among people of different backgrounds Drinan and others dedicated themselves not embrace the particular doctrines, prac- and beliefs. Catholics and Catholic insti- to building. In fact, the words capture a tices, and social positions which they asso- tutions are challenged to establish a sin- vision that motivated him. To understand ciate with the word? cere dialogue among people of every why the terms have been emphasized in As for the term “Jesuit,” the lived histo- creed, culture, race, gender, and national- the past few years, it is important to be ry of Boston College Law School (and of ity. The Second Vatican Council called for aware, as Father Drinan was, of a other Jesuit institutions some may have “a culture of dialogue” in which everyone broad—indeed world-wide—discussion attended) has made people familiar with is summoned to participate, listen, and be that is taking place within Catholic high- the word. People knew Father Drinan or enriched. Pope Paul VI taught that dia- er education generally. Father Francis Nicholson or Father James logue is the basic attitude by which the A gradual, and eventually complete, Malley, and before them, Father William Christian faith should relate to the world. detachment from their origins has Kenealy. Because we know how these men An institution which does not foster such marked the history of many tertiary in- lived their Catholicism—what it meant to dialogue is not authentically a “Catholic, stitutions of learning which began with a them, what their values were, how they Jesuit” institution. religious inspiration. The global Catholic interacted with students, with the legal pro- There can be no dialogue without community is concerned that its univer- fession, and the world—we are comfort- diversity and mutual respect. Pope John sities not follow the same path. Central able with them. Some people fear the use of Paul II has said, “Dialogue does not orig- to this discussion are questions of the word “Catholic” foreshadows a turn- inate from tactical concerns or self-inter- whether Catholic and Jesuit universities ing away from the spirit of these men and est but is an activity with its own guiding will retain their identity, their mission, the community that shares their values. principles, requirements, and dignity.” and their distinctive voice; or whether The use of “Catholic” to connect the Those engaged in the dialogue must be they will forget why they were founded school to its origins does not disconnect it consistent with their own convictions and and, in the end, become indistinguishable from what these men stood for or from “be open to understanding those of the from any other good secular university. the projects of justice they dedicated other party without pretense or close- One consequence of this concern is the themselves to or from their openness to mindedness, but with truth, humility, and reassertion of the term “Catholic” and, every individual student or other member frankness, knowing that dialogue can in the case of Jesuit schools, “Jesuit.” Of of the law school community, regardless enrich each side.” This will lead to “the course, both terms were used in the his- of background. Their lives as Jesuits spec- elimination of prejudice, intolerance and tory of the institution in earlier years, ify, or are a kind of incarnation, of what a misunderstandings.” though perhaps they were muted in some “Catholic, Jesuit” law school means. The Jesuit superior general, Father periods when the identity of the institu- These men dedicated themselves to the Pieter Hans Kolvenbach, has exhorted all tion was assumed to be apparent. Recent study of justice and cooperation with oth- Jesuit institutions specifically to build this emphasis on the terms is not a local phe- ers in the works of justice; they were dialogue so that people will “recognize, nomenon. It will be found at every one always open toward others in dialogue; preserve, and promote the spiritual goods of the twenty-eight Jesuit universities and they invited those who were interested to existing in other religions, as well as their colleges throughout the United States and discern God’s will for themselves and the sociocultural values,” in order to “collabo- in the great number of colleges in Europe, world without coercion toward anyone. rate [among themselves] in the search for a

24 BC LAW MAGAZINE | SPRING / SUMMER 2007 DRINAN BY THE NUMBERS

33 years old when ordained a Jesuit priest world of peace, liberty, social justice, and devastate their natural surroundings to 26 moral values.” This vision motivated meet the requirements of the centers of years teaching at Georgetown Father Drinan. The dialogue, Father Kol- power of the world economy. A dialogue University venbach explains, moves one to bring in this perspective could help the con- together all that is good in the world and in sumer recognize new lifestyles which are 22 the human person. Each person is enriched more participative, inclusive, and lasting. honorary degrees with the elements of truth and goodness “Politics—the area of tensions and con- received from the other. The dialogue flicts between the particular and the com- 16 should be about “all that is necessary and mon, forms of organization beginning foreign countries visited on desirable for a life with dignity for all with the family and base communities, human rights missions human persons. Each one should be not through trade unions and intermediate only open to the other but ready to take the organizations, parties, the state and forms initiative to enter into dialogue with other of government, the law and international 13 persons and cultures…. The one who dia- organizations—should also be themes tak- and counting, logues not only speaks but also listens, and en up by the dialogue, advancing towards number of human, civil, is open to the mystery of the other, to the cultural forms which are more democrat- political, and religious rights point of identifying with the other and ic, inclusive, and participatory. organizations in which he making one’s own all that is truly human in “In the future, power should be the ca- was active the other. Only through in-culturation— pacity for effective service and not a form placing oneself inside the other’s manner of of subjection and coercion of other per- 13 being—can one become inter-cultural.” sons, groups, and continents. This is one years as Dean of BC Law The readiness to dialogue tends toward of the areas where the possibilities of fruit- becoming a sign of fraternity which permits ful dialogue towards a better future are 11 and gives a strong foundation for dialogue most easily blocked. books published between nations, races, and cultures. Such “As members of the same humanity, open conversation results in “the mutual the common elements of our religious 10 enrichment between particular cultures, heritages and of our human concerns consecutive years in Congress without forced impositions of supremacy, force us to tighten our common ties, bas- and with the capacity of discernment and ing them upon universally accepted ethi- self-determination for all concerned.” cal values. Dialogue, above all in this 5 area, is an activity with its own motiva- academic degrees here is a specific goal to all tions, requirements, and dignity, and this dialogue. The objective should never be used as a strategy for 2 is distant and only incremen- manipulating or exploiting persons. named endowed chairs, one at T tally obtainable, but it is as “Investigation, as well as teaching— Georgetown, one at BC Law critically important as it is lacking in the and it is good to emphasize this here in world. The goal is synthesized in an the university setting—along with inter- NOTABLE SERVICE expression often repeated by Paul VI, disciplinary dialogue should aim at a John Paul II and the Jesuit general: We more dignified future for women and • honorary president, World dialogue in order to “create a civiliza- men, children and elderly of the planet, Federalist Association tion of love.” A Catholic, Jesuit univer- rather than the fortifying of the forms of sity and its law school are rooted in that wealth and power which are at the basis • member, National Board of radical vision. of the inequalities of our world. Criti- Trustees of the National Far-reaching though the vision is, it cisms and alternative proposals require Conference of Christians and Jews also has immediate application. The solid knowledge applied to making a Jesuit superior general has pointed to future which will be more just for all.” • member, American Law Institute some examples: The terms “Catholic” and “Jesuit” chal- • co-founder, Lawyers’ Alliance for “Not only unjust poverty and igno- lenge the diverse members of every Jesuit Nuclear Arms Control rance, but also the exhaustion and degra- institution to a dialogue of life, action, and dation of the environment affect especially experience oriented toward building a just • vice chair, National Advisory the poorest people whose survival depends world, or, even more boldly, “a civilization Council of the American Civil directly and immediately upon their rela- of love.” To that grand vision, Father Dri- Liberties Union tionship with the environment and upon nan dedicated his life. He leaves us the chal- their not seeing themselves obligated to lenge of continuing his work.

SPRING / SUMMER 2007 | BC LAW MAGAZINE 25 BY PROFESSOR DAVID HALL RECLAIMING THE SACREDNESS OF THE LEGAL PROFESSION

N 2005 I PUBLISHED A BOOK TITLED The Spiritual Revitalization of the served. Within the domain of the attorney Legal Profession: A Search for Sacred (The Edwin Mellen Press). The book personality is a fundamental belief that emotions get in the way of thinking clearly. attempts to capture the spiritual dimensions of the practice of law and argues It is believed that objectivity comes from that the legal profession is a spiritual enterprise that we have allowed to be- emotional distance and can only be cor- come profane. Father Robert Drinan epitomizes this merging of the profession rupted or diluted if one becomes too close or familiar with the client or the present of law and spirituality in a compelling manner. His death serves as a sobering situation. The developing lawyer is led to Ireminder to me that this project I have undertaken is not a fanciful theory but a reflection believe that mind is the most powerful tool of real people who have managed to live their faith as they pursued their occupation. needed to master the discipline successfully and serve the client. These messages result I was drawn to this project because like and reexamine our individual callings to it. in a personality that is more rigid than many professionals I felt there was an Though there are many antidotes that flexible, more analytical than caring, more unnecessary gulf or barrier between my might provide a cure for these problems, emotionally detached than sympathetic, spiritual yearnings and my professional spirituality is a viable healing force for the and more self-centered than altruistic. This vocation. Though I had reconciled these profession. does not happen overnight but becomes two paths in my mind and spirit, the legal One of the first major challenges and in- the unstated end game of the journey that profession had certainly not reconciled tellectual pitfalls of this project was defin- began on the first day of law school. them, and some lawyers felt that these two ing spirituality. Most of us use the word, Sitting quietly next to the attorney’s per- paths were irreconcilable and should not believe we embody the concept, but have sonality is the lawyer’s soul, waiting to be be discussed in the same sentence. Though not reached agreement about this elusive merged so that it can refine and transform there are dangers in merging our faiths ideal. I define spirituality as consisting of the practitioner. The soul of the lawyer is with our vocations, there are precious two very interrelated concepts. The first is that part that cares for, and feels for, the gems to be unearthed if the legal profession a consistent attempt to live one’s life by the clients and the profession in a deep, au- were at least willing to honestly grapple highest values humanly obtainable. The thentic, and genuine manner. It is that with these tensions and dangers. I was also second is a sincere commitment to search boundless energy that allows us to see be- drawn to this project because of the vari- for the sacred. In order to give more con- yond and through problems. It is that flu- ous negative consequences of the domi- tent to the first part of the definition, I sug- id energy that permits us to not only ana- nant legal culture that forces so many good gested seven values which are important for lyze the problem of the clients, but also to people to abandon their values, become the legal profession. They are love, loyalty, touch their hearts in the process. The soul disillusioned and cynical, or just leave the humility, forgiveness, service, faith, and in- of the lawyer is different from the person- profession. There is a tremendous need to tegrity. The second aspect of the definition ality of the attorney because it has no fixed remind new lawyers that it is possible to be of spirituality is the search for the sacred. parameters within which to operate. It per- a prosperous lawyer and an ethical and For many, like Father Drinan, this is cap- mits the lawyer to cry, laugh, hurt, pray, caring lawyer at the same time. Lawyers tured by our incessant yearning to have a meditate, and be in the moment of all her and law professors like Father Drinan have close and meaningful relationship with experiences. There is no compartmental- paved a path through the wilderness of God. For others, it is an attempt to extract ization in the soul. The lawyer’s keen ana- cynicism, creating numerous alternatives from life the deeper meaning and purpose lytical mind sits next to her passionate ear. for future lawyers. for one’s existence. However one gives con- They do not work against each other but Various legal scholars and social scien- tent to this second competence, it must con- serve as a catalyst for each other’s growth, tists have documented many of the chal- tain a transformative power that exists for some of our most creative and thought- lenges the legal profession faces: high levels within our being and that we believe exists ful ideas and solutions come when our of depression, alcoholism, and divorce, within life itself. minds are still, and when our hearts have and a low level of satisfaction among The personality of the lawyer has been been stirred. The soul is the repository for lawyers and a disturbing public percep- shaped at the expense of the lawyer’s soul. our spiritual growth. It is the place where tion. So as a profession we can dismiss all Legal educational institutions as well as we can see beyond present-day limitations of these challenges and perceptions the profession have contributed to this and burdens. It is the place that allows us because the practice of law will continue. result. To master these traits of “thinking to see the client not as a person with a prob- But if we are committed to enhancing the like a lawyer” one is led to believe that one lem but as another soul striving to find its profession and restoring it to its rightful must detach and remove oneself from the place in the universe. Once the merger of place, then we must reexamine its purpose problem and from the individuals being personality and soul occurs, lawyers can see

26 BC LAW MAGAZINE | SPRING / SUMMER 2007 themselves as healers and not as mere tech- SENATOR EDWARD M. KENNEDY nicians who dispense skills, forms, and pre- packaged remedies. The lawyer’s role is to “To look back over the sweep of serve the whole client and not just their nar- [Father Drinan’s] incredible life is to row legal problem. see vivid proof of what even lone In a chapter called practicing your individuals armed with moral clarity faith as you practice law, I argue that we must not see our spiritual traditions as an and courage can do when they set inoculation that permits us to practice their minds on making a difference. law without being infected by the profes- He demonstrated constantly that each sion’s contaminated features. To the con- of us has the capacity to work for trary, the practice of law, by its nature, is change and have an impact and he a spiritual endeavor. The practice of law did it by example through his service, should be to the lawyer what the church is his faith and ministry, and his writings to a minister, the temple is to a rabbi, and the mosque is to an imam. It is the place BURNS ARCHIVE and his passion for education. where the principles, values, and spiritual Of all the hats he wore, none fit him better than that of teacher, and we’ll nev- insights are realized and given life. It is the er forget all that he taught us. His election to Congress was a dramatic turning sacred arena in which we strive to transform our individual and collective short- point in the effort to end the tragic, misguided, and wasteful war in Vietnam. comings and remove internal and external We miss him more than ever in the halls of Congress today when that cruel his- structures that inhibit growth. Piety and tory is repeating itself. internal peacefulness are sometimes obtained in prayer and isolation from He stood up to the abuses of a president at first as a lonely voice but in the full- others, but the true challenge of our goodness of time, the nation agreed and the president stepped down. He took on ness and our faith is when they are put to immensely challenging and often unrewarding tasks such as rewriting the Fed- the test of human circumstances and con- eral Criminal Code to make the administration of justice both effective and fair. flicts. The legal system is a temple that is The challenge was tough, it was complex, it was thankless, it took a decade, filled with spiritual choices, commands, but it was no match for the brilliant legal mind and the will of iron of this and dilemmas for all who participate. Jesuit. He summoned all of us to ease the plight of the oppressed whether Part of the calling of lawyers and judges is African Americans in our own country, Jews in the Soviet Union, or the count- to ensure that this place and this process consistently embrace the highest ideals less heartbreaking number of impoverished, dispossessed, and neglected and consistently enhance the search for throughout the world.” the deepest meaning. (From a eulogy given at St. Alyosius Church, Washington, DC, February 1.) make a distinction in the book between practicing our faith as we practice law versus practicing our the practice of law, and see law as spirit, students, we must teach to their hearts I faith through law. This may appear then the practice of law is not in opposi- and souls. Father Drinan dedicated much to be splitting hairs, but there is a pro- tion to our faith. To the contrary, it is one of his life to instilling within law students found distinction. To practice our faith of the most profound arenas in which our and his colleagues this broader perspec- through the law means that law is the spiritual quest can be realized. This is one tive and mission. object that our faith redeems or trans- of the powerful legacies of Father Dri- It is not an accident that rivers are cen- forms. To practice our faith as we practice nan’s life. tral to the history and theology of most, if law means that law is the subject of our If the profession is to be revitalized, not all, religious traditions. The Jordan, the faith. It sits at the center of our under- then those of us who teach and administer Nile, the Ganges are more than physical standing of what we are called to do as law school have to take a fresh look at bodies of water that flow through ancient enlightened lawyers and human beings. If what we teach and how we teach. We civilizations. They are sacred repositories we understand the spiritual foundation of must not only teach to the minds of our (continued on page 34)

SPRING / SUMMER 2007 | BC LAW MAGAZINE 27 BY WILLIAM MCINNES, SJ OBEDIENCE: IS IT VIRTUE OR VICE?

[In our democracy] we acknowledge the restraint of reverence; we are obedient to whom- when the orders are unjust and the soever is set in authority and to the laws, especially to those which offer protection to the response equivocal, the dead-end road oppressed. leads only to Nuremberg and Guantanamo —Thucydides, Funeral Oration of Pericles (431–413 B.C.) Bay. Obedience does not guarantee goodness; it only points to it. F ALL THE EVENTS REMEMBERED FROM THE LONG AND ACTIVE LIFE In society, authority seeks not only to of Father Robert Drinan, SJ, as teacher, civic servant, and lead but also to empower citizens by its vision to peace and prosperity. The corre- priest, none has received more attention than his decision, sponding obedience of citizens to just under orders from his religious superior, to leave the Congress laws broadens participation and strength- of the United States where he had served for ten years. ens dialogue. Together law-maker and To obey so decisively and deliberately was for some a bold act law-observer promote the common good. O But if authority hardens into authoritari- of courage, for others an abject surrender of personal freedom. For all it raised eyebrows. anism and obedience moves to non-coop- Just what is obedience? Is it a virtue or a vice? And what role does it play in human affairs? eration and rebellion, then the whole community suffers. As a longtime associate of Father Dri- Even in a democracy, which tends to Authentic obedience , therefore, requires nan and a member of the same religious level hierarchy, obedience survives, often as genuine leadership on the part of authority order (the Jesuits), I offer some observa- an indeliberate concession to the anony- and critical judgment on the part of those tions. mous authority of public opinion and called to obey. When exercised properly, Obedience, notes Webster’s Dictionary, media exploitation. Obedience offers a obedience becomes the training ground for is “the submission of one’s own will to the sense of direction and a cohesiveness of maturity and the flourishing of community will—expressed or otherwise—of another purpose under duress. life, opening to both personal fulfillment or to an impersonal embodiment of au- Every society demands followers as well and social progress. When abused, the re- thority (e.g. obedience to the State).” Obe- as leaders in order to function. sult is chaos. dience arises out of a fundamental rela- Obedience, as with every human act, The foundations of obedience go deep- tionship in a community. It is a complex hu- can be abused—by tyrannical leadership or er than political considerations or even man act. It recognizes authority as well as by recalcitrant respondents. When com- philosophical horizons. a respondent to that authority. It includes a mands are given without concern or John Adams, himself a public figure, mandate and also a compliance. received without critical judgment, the once wrote: The word obedience, in fact, is derived result is often tyranny and rebellion, the from a Latin phrase ob+ obedire—mean- breakdown of community life. To understand the mystery of obedience ing “to hear.” Thus obedience includes a Obedience is a sibling of human choice. one must search beyond the surface of pol- message (or order) sent and a message (or It can lead to good or evil—e.g., in fami- itics and philosophy. Politicians and meta- order) received. lies, the military, or government. physicians may dispute forever, but they The quality of the response of obedi- Parents inculcate obedience in their will never find any other moral principle or ence may vary widely, depending on the offspring in order to shepherd their way foundation of rule or obedience than the receptivity of the respondent. Some obey through the uncharted waters of child- consent of governors and governed. out of duty, some out of force; some sober- hood. Children, like missiles, are —John Adams in Boston Gazette, 1774 ly after reflection, some recklessly out of launched to maturity by learning and fol- thoughtlessness; some out of anger, some lowing the example and orders of their Bob Drinan drank from a deeper well out of love. parents. So when parents require an unre- than consensus: his religious faith. It was In its many manifestations, obedience is flective and blind obedience from their through his theological reflection and prac- an integral part of society, especially in a offspring, they stifle their growth to true tice that he discovered a deeper meaning. It society built on a hierarchical foundation. responsibility and mature freedom of came into play when he had to decide When it functions well, it enlarges partici- choice. When children rebel against their either to leave Congress or follow the pation of members and fosters self devel- parents and reject their authority out of orders of his superiors. He was a witness opment. It promotes efficiency and accom- hand, they forfeit the wisdom and experi- to the reality of a more profound meaning plishment of high social goals. It draws ence of history. Obedience is a means to of obedience—discovered by a faith that smoothly on the heritage of the past, rec- an end that can be good or bad. reaches beyond reason. ognizes the expertise of the present, and Military commanders must demand What is the evidence for this appeal to creates the future. obedience in order to win wars. Soldiers faith? Widespread obedience to the law is one need to accept commands in order for The theological dimension of obedi- pillar of a just society. themselves—and others—to survive. But ence illuminates in a special way the

28 BC LAW MAGAZINE | SPRING / SUMMER 2007 reality of obedience. For those who do CONGRESSMAN EDWARD J. MARKEY ’72 not acknowledge faith as a path to understanding, this makes no sense. To I had that unique opportunity to see [Father those who accept faith as an alternate Robert Drinan] both in law school and here path to understanding (and wonder), on the House floor. And I saw him play the the theological dimension of obedience is central. role of the catalyst, of the idealist, of the man In a very early chapter of the Bible, the who continued to push others when they say sacred Constitution for believers, there is a they can go no further in trying to strive for command from God to Adam and Eve to excellence and to stand up for an ideal…. obey: “Do not eat of the fruit of the tree” (Gen. 2:16–17). Later in that same book, a When members of Congress are coming here concrete model of obedience is presented to cast their vote, all of our names are flashed in the person of Abraham, a leader of the up on a board over the head of the Speaker JUDY SANDERS/WILDSANDS Israelites and man of faith. He was ready to vote “aye” or “nay” on the key issues of to obey God’s command even though it our time. During the years that Father Drinan was a Congressman, as the meant the sacrifice of his own son, suggest- members would look up to see how other members of Congress voted, when ing that obedience is rooted in mystery as well as sociology (Gen. 22:1–19). they looked up at Father Drinan’s name, they knew he was not casting a In the Middle Ages, Thomas Aquinas vote looking at the next election, but rather he was looking at the next gen- and the scholastic theologians of the time eration on every vote. And that led to almost every one of his elections be- tried to fathom this mystery by offering a ing as close as an election can be, because he was not factoring in his own plausible explanation. They developed a electoral life but rather the life of every person in our society. His vote was reasonable insight for the necessity and true north. desirability of obedience in social life. Obe- dience, they argued, is necessary for the (From a eulogy given in Congress, February 5, 2007, and reported in the Congressional Record) functioning of society and “it is a moral virtue proceeding out of the primary virtue of justice through love” (Michael Downey in the New Dictionary of Catholic Spiritu- The secular and anti-monarchical cul- For many years he had immersed him- ality (1993), “Obedience”). For Aquinas, ture of the twenty-first century tends to self in that spirituality of obedience, even obedience, though not subjugated totally denigrate obedience and idolize individual as he was actively involved in the routine to human reason, is a reasonable act. It is autonomy and social freedom. Obedience of public policy decisions. necessary, therefore, to include faith as well is not only not admired but is seen an Bob Drinan was a firm believer in the as reason to confront the mystery of choice. incomprehensible way of acting. In litera- virtue, even the vow, of obedience for his ture as in social life, the development of own direction. Perhaps part of his mission gnatius of Loyola, a former soldier historical criticism and widespread social was also to give witness of that virtue to and founder of the Jesuit Order, to criticism have undermined further the the- others. And to encourage them to live its which Bob Drinan belonged for ological underpinnings of obedience. Both implications. Imore than six decades, made obedi- the thought and practice of obedience are He would be the first, I believe, to con- ence the lodestone of the order he found- demeaned and dismissed. cede that the exercise of authority and the ed. Obedience, according to the New Dic- Percy B. Shelley, a modern romantic requirement for obedience would need to tionary of Catholic Spirituality, was to be poet, wrote in “Queen Mab”: be adapted in modern society. Perhaps one “the essential requirement for effective of his greatest gifts to succeeding genera- cooperation with the saving work of Jesus Obedience, bane of all genius, virtue, tions was to raise these issues for others. Christ.” Ignatius proposed that to obey freedom, truth, makes slaves of men Q: How can modern leaders exercise au- willingly and intentionally was not only a and of the human frame a mechanized thority in a manner that encourages wider requirement for community cooperation automaton. acceptance and a more mature insight into but a personal goal in itself, a means for the virtue of obedience? growing in holiness. Bob Drinan was not a genius. But he Fortified by religious commitment as was a human being and a civic servant. He A: He who longs to strengthen his spirit well as critical judgment, the decision to was also a deeply religious man, a believer. must go beyond obedience and respect. He obey takes on a special spiritual meaning Which helps one to appreciate, if not agree will continue to honor some laws but he for the one seeking intentionally to obey. with, his choice to obey. (continued on page 34)

SPRING / SUMMER 2007 | BC LAW MAGAZINE 29 BY DEAN JOHN GARVEY THE FIRST FREEDOM

HE FIRST AMENDMENT BEGINS BY SAYING THAT “CONGRESS It is one thing to accept, as Father Drinan shall make no law respecting an establishment of religion, or pro- did, the rule that the government should not itself promote religious ideas or prac- hibiting the free exercise thereof . . . .” A lot has been written about tices.9 It is another to suppose that this how the two participial phrases (the establishment clause and the stance is neutral on the subject of religion. free exercise clause) relate to one another. Those who see religion as As Drinan said,10 a threat to government stress the establishment clause; they insist T It cannot realistically be maintained that religion should be a private affair, kept strictly separate from the operations of govern- that the “secular” school is truly a “neu- ment, or even from public deliberations. tral” school concerning religion. The impact of the “secular” school on stu- These people (call them strict separa- When the Court retreated in 1990 and dents for thirty hours a week over a peri- tionists) take a narrow view of the free refused to grant exemptions,4 Father Dri- od of twelve years is enormous. And that exercise clause. They view special protec- nan supported a Congressional solution— impact is inevitably one which minimizes tion for religious people (draft exemptions, the Religious Freedom Restoration Act. the importance and even the relevance of excuse from school or work) as a kind of And when the Court held that law uncon- the “sectarian.” establishment. Father Robert Drinan stitutional,5 he spoke out in strong terms:6 began at the other end. He believed that One who grasps both horns of this the main point was to protect religious [R]eligious bodies of every orientation dilemma—that the government must not freedom, and that the two clauses both helped to enact a law that has been struck itself do religion, and that an entirely secu- served this end. down by the nation’s highest tribunal. lar system is harmful to religion—might This is not surprising. He was, after all, Such an unprecedented rebuff to religion come to believe that the government a Catholic priest. He embraced whole- suggests that the Supreme Court has a threatens religious freedom when it drives heartedly the Declaration on Religious view of the Free Exercise Clause that is children into the public schools. A proper Freedom promulgated by the Second Vati- profoundly at odds with the notion on respect for religious liberty might allow can Council. Here is how that document which America’s religious organizations parents to spend tax-raised education dol- began: and Congress have operated. lars at schools that teach something other than the state-approved message. This was [C]onstitutional limits should be set Drinan’s commitment to religious the position that Father Drinan accepted.11 to the powers of government, in order liberty was so strong that it colored his It is also the one the Supreme Court came that there may be no encroachment on interpretation of the establishment to in 2002.12 the rightful freedom of the person and of clause—a position that must have The same commitment to religious associations. caused some embarrassment to his lib- freedom that led Drinan to support aid to This demand for freedom in human eral friends. Writing in 1967 about parochial schools moved him to skepti- society chiefly regards the quest for the val- state aid to religious colleges, he cism about other forms of aid to religion. ues proper to the human spirit. It regards, observed that “the overall purpose of Consider the flag salute—an issue the in the first place, the free exercise of reli- the first amendment [is] the maximizing Court declined to consider in 2004.13 In gion in society. of religious freedom—even to the recent years there has been controversy extent of qualifying the no-aid restric- over asking schoolchildren to recite the Father Drinan held fast to this point tion of the establishment clause.”7 I Pledge of Allegiance, which speaks of throughout his career. In 1963 he praised don’t believe that his position on school “one nation under God.” Father Drinan the idea of draft exemptions for conscien- aid was driven by Catholic self-interest. suggested that the practice might be tious objectors and lamented the Supreme But it may have been his Catholic inconsistent with both the first amend- Court’s unwillingness to grant relief from upbringing that led him to recognize, ment and the Second Vatican Council’s Sunday laws to Jewish merchants.1 More sooner than many of his academic Declaration on Religious Freedom. Reli- than forty years later he argued against peers, the compromises we make to gious freedom protects those who hold Turkey’s rule that Muslim women could freedom of thought in the public no faith in God no less than believers, he not wear veils.2 schools. In an address he gave in 1961 said: “That document forbade any dis- Father Drinan’s position in support of to the American Association of School crimination against those who are not religious freedom was very similar to Administrators he argued that “the persons of faith.”14 that of Justice William Brennan, whom seemingly widely accepted concept that My work in the field has led me to he admired.3 For a quarter century it was public schools should promote national share Father Drinan’s view in this regard. also the position of the Supreme Court. unity is—to be very candid—distressing.”8 (continued on page 34)

30 BC LAW MAGAZINE | SPRING / SUMMER 2007 house speaker nancy pelosi Drinan as Moral Leader

WHEN ST. FRANCIS OF ASSISI WAS ASKED WHAT A PERSON HAD TO DO TO lead a good life, he replied, “Preach the Gospel. Sometimes use words.” This is the legacy of Father Robert Drinan. As a teacher, congressman, advocate, and minister, Father Drinan tirelessly preached through example what it means to live with courage, determination, and moral conviction.

He lived and legislated according to the ideals of faith and morality, coupling his devotion to the church with his conviction for progressive legislation. In keeping with his deep-seeded faith, he became one of our greatest champions of human rights and dignity.

Father Drinan’s call to serve others exemplified his life will do in the near future. We are here to ask for the in politics, education, and the ministry. He led with a courage to carry out God’s hopes and aspirations.” bold moral vision, which he helped to foster in thou- He challenged us with moral conviction and a prag- sands of students during his time at Boston College matic call to action, saying, “Imagine what the world and Georgetown law schools, and instilled within would think of the United States if the health and wel- them the courage to cement the moral pillars of our fare of children everywhere became the top objective of democratic society. America’s foreign policy. It could happen, and it could Father Drinan once offered advice to a group of grad- happen soon, if enough people cared.” uating Georgetown Law students. He said, “As I look With the passing of Father Drinan, we must each out at all of you with your new and expensive law continue to find the courage to lead our families, school educations, I would urge you to go forth into our communities, and our nation with the moral society not as mere legal tradesmen, but as moral conviction he preached. Honesty, integrity, and the architects. Design, create, and build a better and more courage to stand up for what is right cannot be equitable society; use your skills to help those who are taught solely in a classroom, as Father Drinan knew, otherwise not being served.” but must be exemplified in the everyday actions of

Father Drinan presided over mass at Trinity College everyday individuals. before I was sworn is as Speaker, not long before his The legacy of Father Drinan will remain steadfast, passing. He spoke about the courage to lead a moral within the halls of Congress and the hearts and life of conviction and service for the betterment of our minds of the thousands of students he taught. I hope nation and ourselves. “Let us re-examine our convic- it is a comfort to all those who loved him, including tions, our commitments, and our courage,” he said. the entire Boston College community, that so many “Our convictions and our commitments are clear and continue to grieve the loss of Father Drinan. We take certain to us. But do we have the courage to carry solace in the outpouring of support for the life he led them out? God has great hopes for what this nation and the moral idealism he embodied.

SPRING / SUMMER 2007 | BC LAW MAGAZINE 31 Leahy terwards to all his diverse constituencies. (continued from page 5) During our years together, I can vouch the judicious distribution of Presidential that rare was the temple or synagogue Scholarships; bringing famous judges, that Bob Drinan had not graced (and in- practitioners, civil rights leaders, and spired) with his presence and presenta- politicians to lecture at the Law School; tions. On one occasion, the large crowd all may seem commonplace to the Law gave him a prolonged ovation at the con- School community of the twenty-first clusion of his remarks. When the ap- century. After all, today Boston College plause diminished, the presiding rabbi (if not the Law School) sits with the Pictured in this 1964 portrait at the Law School approached Father at the podium, largest endowment of any Jesuit univer- are (l-r) Judge Francis J. Larkin, then associate thanked him, and following a pregnant sity in the world. But, in 1968, these dean at the Law School, former US Senator pause, asked, “By the way, Father, are events unfolded on the doorstep of a uni- Edward W. Brooke (at the time, Attorney General you available for Yom Kippur [ser- of Massachusetts), and Dean Robert F. Drinan. versity that had no endowment to speak vices]?” More applause from the congre- of, and was, in fact, a few dollars to the clear and unequivocal: “We can’t just con- gation. It seems therefore appropriate to right side of being broke. In that envi- tinue to sit back and wait for them to come recite the words of the late Supreme ronment, these actions were farsighted to here. We have got to be pro-active and find Court Justice Felix Frankfurter, spoken at the point of audacity. And that is why Fa- them and give them a reason to come to a 1949 memorial service to Rabbi ther Drinan will always stand as such a Boston College,” was his constant mantra Stephen S. Wise, then president of the transforming dean in the history of at faculty meetings. In this quest he led by American Jewish Congress: Boston College Law School. example, traveling widely to undergradu- “It is foolish to single out one domi- Many of us recall how Father Drinan ate schools and, through unstinting per- nant trait in so dynamic a personality. But liked to quote Hammurabi, who said that sonal efforts, finding the funds to make his if I had to fasten on one quality above all “the purpose of law is to protect the pow- goals attainable. others . . . I should say it was moral erless from the powerful.” But, thinking Words spoken of another applied fully courage—that rarest ingredient of char- back on his life, his example, and the dra- to Bob: “He knew, none knew better, that acter. It was moral courage that made him matic ways in which he contributed to the in the house of the law, as in the house of so sensitive to injustice, whoever the vic- rise of Boston College Law School as a na- life, there are many mansions. He wanted tim and whoever the perpetrator. It was tional institution, I believe that in his life free access to his mansion. He no less moral courage that made him so fearless and in his work, he embodied the spirit of wanted access to the mansions of others in the espousal of causes to promote good- lines written by St. Alberto Hurtado, SJ, the to be free, for their sake and his.”5 ness in every direction, and since he felt newest Jesuit saint, who said: “In order to In his efforts to broaden civil rights or deeply he put no restraints of prudence teach, it is enough to know something. But confront injustice, Bob never shrank from upon his eloquent tongue. When he to educate, one must be something. True the battle. Characteristically, he jumped spoke, he spoke out—behind his loyalties education consists in giving oneself as a liv- right in to confront the evil. There were was passionate conviction. And it was ing model, an authentic lesson.” times when prudence might have coun- moral courage that made him inwardly To such a grand educator, generations seled a more muted or ambiguous course harmonious, however discordant the of law students owe thanks. of conduct. But that was not Bob Drinan. world outside.”7 Quite clearly, “he was not one of those The central achievements of Father Dri- Larkin who regarded the omission from the Beat- nan’s life, his constant quest for the (continued from page 6) itudes of ‘Blessed are the discreet’ a re- “perennial values,” are now a part of the away the funeral, frequently Father would grettable oversight.”6 public record. His life and, more signifi- be there to celebrate or concelebrate the He subscribed completely to the cantly, the manner of his life, should be- funeral mass or participate in other reli- venerable adage that “the work is never come part of our national heritage. As for gious services. And the personal notes of done while the power to work remains.” his manifold acts of kindness, his fidelity encouragement, congratulation, compas- The word “retirement” was never in his as a friend, his generosity, these will for- sion, or sympathy that began at the Law vocabulary. ever be the private possession of his many School continued through a lifetime. That is why his sudden death came as beneficiaries. With his death the world is During our days together at the Law a shock to those who knew and loved him. left much poorer in courage and kindness, School, as throughout his life, Bob demon- He was such a vital force that life feels in wit and wisdom. strated an abiding passion for human much less alive without him. In the count- Bob Drinan lived for the law and, to a rights and civil liberties. These interests less tributes written about his life and ac- degree, the law made him famous (and, at were neither fleeting nor episodic but lay complishments since his passing, the word times, controversial). As legal educator at the core of his being, like an inextin- “ecumenical” appears frequently. Bob and congressman, he used the law and the guishable flame. To cite but one example, Drinan was indeed “ecumenical,” but he progressive legislation he continually he worked tirelessly to broaden the op- was so long before the word achieved pop- sponsored for the protection and en- portunities for minorities in the legal pro- ular currency. hancement of personal rights and the profession, notably expanding the opportuni- Like his good friend Richard Cardinal motion of public ends. His scholarship, ties for minorities and women at the Law Cushing, Bob Drinan devoted special ef- world-wide travels, and other activities, School and in other venues too numerous forts in building bridges to members of almost all in the cause of human rights and to recount. His message and mission were the Jewish faith, first at BC Law and af- human liberties, were undergirded and in-

32 BC LAW MAGAZINE | SPRING / SUMMER 2007 fused by a creative use of the law and le- ernment officials. It is a challenge for all and changed people’s sense of priorities, gal initiatives. He enhanced his legal fame thinking twenty-first century citizens, and it has exhausted people, undercutting with a memorable literary style and a pen- lawyers, and law schools. momentum toward fighting poverty. chant for personal kindness, courage, and What Father Drinan told us, in effect, is That’s why I have said that the war in Iraq brilliance. He became one of the most dis- that the fate of his human rights revolution is the greatest disaster in American foreign tinguished members of the country’s legal is in our hands. And what history teaches is policy, because it has such huge conse- profession, a status epitomized by his re- that Father Drinan’s revolution is one quences across the board. cent receipt of the American Bar Associa- worth winning. Q: What can the average American do tion’s Medal, the highest award given by in his or her personal life to address glob- the organization. This article is based on remarks Dean al poverty? It should not be forgotten that at the Koh made at the inauguration of the Father A: There are organizations that can re- core of his being was the Catholic priest- Robert F. Drinan SJ, Professorship in Inter- ally help. One has to find out what they hood, a fact and status which animated national Human Rights Law at George- are and contribute to them. I was just in and infused him. Famously, in a retro- town Law School in the fall of 2006. Ethiopia on World AIDS Day, and I sat spective autobiographical article he wrote next to a little orphan boy whose parents for the Boston Globe (prepared, as I re- Himes had died of HIV and AIDS. He was part member, on the fiftieth anniversary of his (continued from page 10) of the ceremony but all I had to give him ordination to the priesthood), he recalled therefore, in Catholic moral theory to state was my pen. He just looked at me and the words of the late Cardinal Cushing to that a just war can be fought to establish said “food” and “shoes.” the newly ordained on that occasion: an authentic peace. Also, let your members of Congress “You men are now Catholic priests and Modern church teaching has refined know that foreign assistance is not some- Jesuits. No greater honor can ever come the biblical insight to insist on a partic- thing that goes down a black hole, that it to you in life.” ular form of justice—developmental is the right thing to do, and it’s also im- In the article, Father remembered these justice—as the new name for peace. That portant in terms of the overall stability of words, reveled in them, and it is likely, they is, the justice that is necessary for true the world. If we don’t do it for purely al- animated and infused each day of the re- peace is one that works to overcome truistic reasons, we should do it for na- mainder of his remarkable life. those excessive inequalities among tional security or national interest reasons peoples that give rise to violent conflicts. because problems abroad ultimately do 1 Again, I later learned that I had not come to him “as a stranger”; that over the years, he had, informally acquired In our time, this emphasis on justice as come home to America. some “due diligence” on my background through George- development brings a critical edge to the I think that those of us who knew town Law publications, our mutual law school alma mater: work of peace. Father Drinan had a sense that he had a that I had served as national president of the American Law Students Association and had taught for a year at George- Finally, the most significant develop- much broader vision of what people could town following graduation, prior to entering the US Army ment in recent decades has been the re- do for each other and what America could Judge Advocate General’s Corps. emergence of nonviolence and pacifism as do for the world. He had a sense of know- 2 “It is required of a man that he must share the action a counterpoint to just war thinking on ing who he was and what he could do and passion of his time at peril of being judged never to have lived.” Justice Oliver Wendell Holmes. questions of conflict and peacemaking. by the power of one person. He really 3 See, Frankfurter: Of Law and Men, (1956) Harcourt, Within the tradition it may be said that has been to many of his students and Brace and Company, New York, at pg. 3; reference to Chief there is a particular kind of nonviolence colleagues a great example of what one Justice John Marshall 4 See Milton Katz, 108 Harv. L. Rev. 994 (1995) that is acceptable. A pacifism that with- person could do. 5 Frankfurter, Of Law and Men, 1956, Harcourt, Brace draws from society or denies obligations and Company, New York, at pg. 319 of securing justice for others is not possi- Brown 6 Holmes-Laski Letters: The Correspondence of Mr. Jus- ble, but a commitment to promote human (continued from page 17) tice Holmes and Harold J. Laski, Harvard University Press, 1953. Foreword rights and secure human dignity using • What guidelines can be derived from 7 Frankfurter, Of Law and Men, 1956. Supra, at pg. 355 nonviolent methods is endorsed by campaign finance cases, beginning with Catholic teaching. In sum, the present Buckley v. Valeo, and their emphasis on the Koh Catholic teaching is that both just war and prevention of corruption and the appearance (continued from page 9) pacifism must aspire to the same goal: es- of corruption as important state interests in Will our civil society—citizens groups, tablishing a true peace. Where there is a the context of First Amendment limits on media, bar associations, the church, the legitimate pluralism at the level of means, state regulations of campaign practices? academy—monitor our government and both armed force and nonviolence are My focus is not on whether a particular hold our leaders accountable for human judged to be permissible options for the regulation is valid, but rather on whether rights conduct? conscientious Catholic. any regulation is valid. At this point in the Is our judicial branch willing to debate, I think we need to focus more on ensure that we continue to pay what the Albright the questions than the answers. Declaration of Independence called (continued from page 13) My main target audience is legal con- “decent respect to the opinions of important as helping at home? My answer servatives, particularly those who view humankind?” is, we can do both, but it does require great most White developments as a long over- What Father Drinan taught us is that attention. due removal of impediments to democra- protecting human rights and law in an I’m sad to say that most of America’s cy in the area of judicial selection. I think age of globalization is far too important a will and attention are now diverted by the the conservative position should be far task to be left to governments and gov- war in Iraq. That has sucked up money more nuanced, based on a sense of the con-

SPRING / SUMMER 2007 | BC LAW MAGAZINE 33 stitutional role of state courts, as well as tice can never be achieved, much less as- without which your army would be base rab- the constitutional rights of state court can- sured, until “those of us who are not in- ble and your navy but rotten timber. didates. There is always a risk in attempt- jured feel as indignant as those who are.” —Edmund Burke, Second Speech on ing to juxtapose structural, seemingly ab- Reconciliation with America, 1775 stract values, such as federalism, with the Hall Every once in a while in the course of concrete rights of those who, for example, (continued from page 27) history someone comes along to bear wit- wish to campaign. But there is another of the insights, peace, and transformation ness to a great truth: Mahatma Gandhi, group of rightholders very much in the pic- that flow through people. They not only Martin Luther King Jr., Dorothy Day. ture: those who must appear before those help us understand elusive concepts like Their presence and obedience may baffle candidates once they become judges, and spirit and soul, they become the embodi- some, irritate others, intrigue many. It whose personal interests in due process ment of our spiritual journey. If one does might even arouse the curiosity of some- must also be considered. Perhaps this de- not understand the beauty and challenge one to explore and follow that leadership bate is an example of the scenario envis- of the river; if one is not willing to bathe and practice that obedience. aged by Justice Stephen Breyer in an im- within its spiritual waters, then we become Bob Drinan’s decision to obey and leave portant campaign finance opinion: one calcified replicas of human life and not the the Congress he so loved was painful. But where constitutional interests lie on both pure reflections of enlightenment that we his appreciation of a deeper significance of sides of the equation. In any event, I hope are called to be. obedience—its intentional, fulfilling, and to provoke the debate toward some agree- I end the book with a chapter entitled witnessing value—was overriding for him. ment on the range of interests at stake. “Voices from the River.” It is my way of And it can be for us too. spiritually imagining what the enlightened Walker lawyers who have passed on would say to Garvey (continued from page 21) this generation of lawyers if we were (continued from page 30) tent with this self-imposed mandate, Fa- courageous enough to listen to their voic- Although we may have lost sight of it in the ther Drinan visited southern states, the es as they speak to us from the center of liberal versus conservative debate, it was seeds of the old confederacy, the bastions the river. Father Drinan has now joined the intent of our founding fathers to proof racial discord and disenfranchisement, this majestic river, and I can imagine him tect individual liberty, which includes that and recruited and awarded full scholar- saying to the lawyers of the future: most fundamental freedom—the freedom ships to top students at historic black col- “We are the keepers of a flame that to practice whatever religion we choose. leges to attend BC Law. As a result, in some would like to blow out. We are the 1 RELIGION, THE COURTS, AND PUBLIC POLICY 203 1966 alone, the five African-Americans bearers of a light that can lead individu- (1963), discussing Braunfeld v. Brown, 366 U.S. 599 who entered were equal to the total num- als out of darkness and loneliness, to the (1961). Sherbert v. Verner, 374 U.S. 398 (1963), was de- ber of blacks who had attended in the four fulfillment of their dreams, and lead na- cided in 1963, probably after Fr. Drinan’s book had gone prior decades. tions out of the caves of injustice and op- to press. It took the position he argued for. 2 Religious Freedom Needs Guarantees, National Catholic The Hon. Benjamin Jones ’69, chief pression, into the sunlight of justice and Reporter 41.5 (Nov. 19, 2004), p. 20(1). judge of the Fourth Judicial District of peace. We do this not just with our fine- 3 See his complimentary review of Brennan’s free exercise Louisiana, was one of those recruits. “I ly tuned intellectual skills; we do it with jurisprudence, Conditions and Conscience: Free Exercise of Religion, in E. Rosenkranz and B. Schwartz, REASON came from a family of fourteen kids,” Jones what we draw from the river. We do it AND PASSION 81-86 (1997). said in a recent interview. “Neither of my with our compassion and tears, with our 4 Employment Division v. Smith, 494 U.S. 872 (1990). parents had educations that went beyond hearts and wrinkled hands, with our un- 5 In Boerne v. Flores, 521 U.S. 507 (1997). 6 the fourth grade. My father was a share- conditional love for those who have been Reflections on the Demise of the Religious Freedom Restoration Act, 86 Geo. L.J. 101, 121 (1997). See also cropper and a store stock clerk. The cost of rejected and despised.” Church and State in B. Schwartz, THE BURGER COURT tuition, even in 1966, was more than my Father Drinan lived these words and 119, 125-129 (1998). family’s entire income…. I can tell you that the legal profession would be wise to walk 7 Does State Aid to Church-Related Colleges Constitute an Establishment of Religion? – Reflections on the Mary- I would not be here, as a lawyer and a judge, in his footsteps. land College Cases, 1967 Utah L. Rev. 491, 513 (1967). were it not for Father Drinan.” For more information on Professor 8 Should the State Aid Private Schools?, 7 Cath. Law. 135, Another of Father Drinan’s students, Hall's book, The Spiritual Revitalization of 142 (1961). 9 Okla Jones II ’71, called him twenty years the Legal Profession: A Search for Sacred To be entirely candid, I should say that it took Fr. Dri- nan (as it did the Supreme Court and the rest of us) a lit- after graduating to share the news that he (The Edwin Mellen Press, 2005), visit tle while to realize the full implications of even this point. had been nominated by President Bill Clin- www.sacredrivers.neu.edu. As late as 1960 he could be found speaking in favor of ton to the federal bench of the Eastern Dis- school prayer and the punishment of blasphemy. Religion trict of Louisiana. Upon hearing this news, and the State, 7 Cath. Law. 45, 46-47 (1961). The Supreme McInnes Court first ruled against school prayer in 1962 and 1963. Father Drinan recounted that he sat on his (continued from page 29) Engel v. Vitale, 370 U.S. 421 (1962); Abington School Dis- bed “and wept with pride.” will mostly violate both law and custom. trict v. Schempp, 374 U.S. 203 (1963). Father Drinan remained committed to —Constantine Cavafy (1863–1933) 10 Should the State Aid Private Schools?, 7 Cath. Law. at 139. 11 The Constitutionality of Public Aid to Parochial civil rights for the remainder of his life. He Q: How can citizens be taught the value, Schools, in D. Oaks, THE WALL BETWEEN CHURCH AND may have been a cornerstone of Congress, the splendor, and the responsibility of STATE 55 (1963). but with each graduating law school class obedience in this modern anti-authority 12 Zelman v. Simmons-Harris, 536 U.S. 639 (2002). 13 at both BC Law and Georgetown, he re- society? Elk Grove Unified School Dist. v. Newdow, 542 U.S. 1 (2004). mains the rock of justice we break our- A: [The love of the British people and their 14 Insistence on “Under God” is a Political, Not Religious, selves against. And his legacy is the knowl- attachment to their government] infuses into Move, National Catholic Reporter 39. 32 (June 20, 2003): edge that true freedom, equality, and jus- your army and navy that liberal obedience p. 24 (1).

34 BC LAW MAGAZINE | SPRING / SUMMER 2007 CHARLES GAUTHIER

BC Law Generations

PROFESSOR AND FORMER DEAN DANIEL R. COQUILLETTE

WITH DAUGHTER ANNA CASPERSEN ’96.

SPRING / SUMMER 2007 | BC LAW MAGAZINE 35 [ E SQUIRE] Class Notes Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news elected president of the New ing. She is a partner and ethics E. Gail Suchman ’79 is special and photos. Send submissions England School of Communica- and conflicts counsel at Holland counsel at Stroock & Stroock & to BC Law Magazine, 885 Centre tions in Bangor, ME. Previously & Knight LLP in Boston. Lavan LLP in New York, NY. St., Newton, MA 02459-1163, or a senior partner at Eaton Peabody in Bangor, he will re- Edward C. Bassett Jr. ’77 was email to [email protected]. REUNION main with the firm as of counsel. named a 2006 Massachusetts 1980s [ ’82 & ’87 ] “Super Lawyer” by Law and s REUNION Steven L. Paul ’73, a partner in Politics and Boston magazine. Constance S. Huttner ’80 1950 [ ’52 & ’57 ] the corporate department of Ed- He is a partner in the Westbor- joined Buchanan, Ingersoll & wards, Angell, Palmer & Dodge ough, MA, office of Mirick O’- Rooney PC in New York, NY, Gilbert L. Wells ’58 was elected LLP in Boston, was elected to the Connell and practices in the area as chair of the firm’s intellectu- chair of Democrats Abroad, the firm’s executive committee. of civil litigation. al property litigation practice. official organization of the De- She was formerly a partner in mocratic Party outside the US, in Michael B. Isaacs ’74 was re- Maureen A. Brennan ’77 was in- the New York City office of Portugal. He is adjutant of the elected president of the East cluded in the 2007 lists for Ohio Skadden, Arps, Slate, Meagher American Legion Portugal Post Greenwich (RI) Town Council. “Super Lawyer,” Best Lawyers & Flom LLP. #1 in Colares, Portugal. in America 2007, and Chambers Hon. Ellen S. Huvelle ’75 was USA: A Guide to America’s Janet Wilson Moore ’80 was REUNION featured in a September 2006 ar- Leading Business Lawyers for named a 2006 Massachusetts 1960s [ ’62 & ’67 ] ticle, “Judge Tosses Confessions her practice in environmental “Super Lawyer” by Law and as Products of Torture in Rwan- law. She is an equity partner at Politics and Boston magazine. Robert J. Martin ’62 was named dan Murder of US Tourists,” in Baker & Hostetler LLP in Cleve- She is a partner in the Worcester, a 2006 Massachusetts “Super New York Lawyer, the online land, OH. MA, office of Mirick O’Connell. Lawyer” by Law and Politics publication of the New York and Boston magazine. He is of Law Journal. Hon. Carmen Messano ’77 was Marlene Gillette-Ibern ’81 is en- counsel and a member of the named to the Appellate Division rolled in an online Catholic business department at Mirick Kathryn Cochrane Murphy ’75 of the Superior Court of New bioethics diploma program of O’Connell in Worcester, MA. was elected to the Jersey in November. the Universidad Libre Interna- Board of Gover- cional de las Américas, a pro- Anthony A. McManus ’63 was se- nors of the Ameri- Glenn M. Wong ’77 was the re- gram of the Inter-American lected as the 2007 Honorary Fel- can College of Real cipient of the Academic Foundation for Life and Science low by the New Hampshire Bar Estate Lawyers. Achievement in Sport and En- in Spain. Her essay, “The Recog- Foundation Board of Directors. She is a partner at tertainment Award presented nition of the Personhood of the Krokidas & Bluestein LLP in by the University of South Car- Human Embryo,” was included Wayne M. Connor ’68 retired in Boston. olina Department of Sport and in the collections of the Bioethics September after thirty-eight Entertainment Management. Center of the Catholic Universi- years of general practice in Calum B. Anderson ’76 is the He is a professor in the Sport ty and the Spanish Bioethics As- Nashua, NH. co-author of Connecticut Med- Management Program of the sociation. As a member of a pan- ical Malpractice Law pub- Isenberg School of Manage- el on pro-life legal guidelines, she REUNION lished by the Connecticut Law ment at the University of Mass- attended a Human Life Interna- 1970s [ ’72 & ’77 ] Tribune. He is a partner at achusetts, Amherst. tional conference in Mexico in Danaher, Lagnese & Neal PC March. Hon. James J. Brown ’71, a fed- in Hartford, CT. R. Jack Cinquegrana ’78 was eral administrative law judge in featured in a February Boston David E. Surprenant ’82 was Raleigh, NC, is the managing ed- Robert P. Lombardi ’76 was Globe interview entitled “Tack- named a 2006 Massachusetts itor of Proving and Defending named a 2006 Massachusetts ling Diversity at Top Law Firms” “Super Lawyer” by Law and Damage Claims: A Fifty State “Super Lawyer” by Law and regarding his role as president of Politics and Boston magazine. Guide published by Wolters Politics and Boston magazine. the Boston Bar Association. He is a managing partner in the Kluwer Law and Business in He is a partner and a member of Worcester, MA, office of Mirick February. He maintains a Web the business department in the Hon. Kathleen E. Coffey ’78, O’Connell. site at www.jamesjbrown.com. Worcester, MA, office of Mirick first justice of the West Roxbury O’Connell. division of the Boston Munici- Richard M. Graf ’84 is a partner Robert D. Keefe ’72, John F. pal Court, was appointed to the in the Washington, DC, office of Bronzo ’74, Jeffrey S. Sabin ’77, Gilda Tuoni Russell ’76 is the au- Jury Management Advisory Duane Morris LLP and special- and Kitt Sawitsky ’77 joined the thor of the book, Massachusetts Committee of the Supreme Ju- izes in domestic and interna- BC Law Board of Overseers. Hearsay Evidence, and a revised dicial Court of Massachusetts tional mergers and acquisitions. first chapter, “Sources of Ethical by Chief Justice Margaret H. Thomas C. Johnston ’73 was Authority” in Ethical Lawyer- Marshall. Peter C. Schechter ’84 is a part-

36 BC LAW MAGAZINE | SPRING / SUMMER 2007 [ E SQUIRE] ner in the litigation department Daniel J. Hammond ’91, assistant Denise Choquette ’95 is senior legal ment Commission. He is a mem- of the New York, NY, office of attorney general in the Adminis- counsel at Gilbane Building Com- ber of the litigation practice at Edwards, Angell, Palmer & trative Law Division of the Mass- pany in Providence, RI. She was for- Wendel, Rosen, Black & Dean Dodge LLP. achusetts Attorney General’s Of- merly with Edwards, Angell, LLP in Oakland, CA. fice, was awarded the Edward W. Palmer & Dodge LLP in Boston. Scott P. Brown ’85, Massachu- Brooke Award in December. J. Channing Bennet ’97 is a part- setts state senator, Michele Goodwin ’95, a visiting ner at Garrett, Hemann, Robert- was promoted to Susan M. Finegan ’91 is a mem- professor at the University of son, Jennings, Comstock & the rank of lieu- ber of the litigation department Chicago Law School, will Trethewy PC in Salem, OR, and tenant colonel in and head of the pro bono pro- focuses on employment law and assume a new post in July at the the Massachusetts gram at Mintz, Levin, Cohn, Fer- litigation. Army National ris, Glovsky & Popeo PC in University of Minnesota, where Guard and will serve as the staff Boston. She was previously the she is jointly appointed profes- John J. Kavanagh ’97 is of coun- judge advocate general at the De- legal director of the Victim sor in the law and medical sel at Steptoe & Johnson LLP in vens (MA) Reserve Forces Train- Rights Law Center in Boston. schools, and will hold the Washington, DC, and focuses his ing Area. Everett Fraser Chair at the law practice on commercial litiga- Jeffrey S. Bagnell ’92 was named school. She is the author of tion, insurance, and internation- David T. Miele ’85 was promot- a 2007 Connecticut “Super Black Markets: The Supply and al arbitration. ed to senior vice president at Cit- Lawyer” by Law and Politics Demand of Body Parts pub- izens Bank in Providence, RI. and Connecticut magazine. Michael K. Mahoney ’97 is chief lished by Cambridge University legal counsel to Maine Governor Joseph H. Baldiga ’87 was Stephen V. Falanga ’92 was hon- Press in 2006. John E. Baldacci. He and his named a 2006 Massachusetts ored as one of the “Forty under wife, Andie, and their four “Super Lawyer” by Law and 40” business leaders in New Jer- Daniel E. Will ’95 was appoint- daughters live in Cape Elizabeth, Politics and Boston magazine. sey by NJBIZ magazine. He is a ed to a three-year term on the ME. He is a partner in the Westbor- partner in the corporate depart- Advisory Board of Bishop Brady ough, MA, office of Mirick O’- ment at Connell Foley LLP in High School in Concord, NH. Michael J. Mendelson ’97 is as- Connell. Roseland, New Jersey. He is a partner in the Manches- sistant general counsel at Intel- ter, NH, office of Devine, Mil- sat Corporation in Washington, Pete S. Michaels ’88 was named John N. Affuso Jr. ’93 was pro- limet & Branch PA. DC, where he is responsible for a 2006 Massachusetts “Super moted to senior transactions the Asia–Pacific region. Lawyer” by Law and Politics counsel at the Massachusetts Christine E. Baur ’96 is a part- and Boston magazine. He is a Port Authority in Boston. ner and member of Kristen J. Mathews ’98 is a part- partner at Michaels & Ward LLP the corporate re- ner in the New York, NY, office in Boston. Jonathan W. Hugg ’94 was structuring prac- of Thelen, Reid, Brown, named a 2006 tice in the San Raysman & Steiner LLP, where Hon. Eleanor Coe Sinnott ’89 was Pennsylvania “Ris- Diego, CA, office she is a member of the firm’s appointed an associate justice of ing Star” by Law of Baker & technology, media, and commu- the Boston Municipal Court by and Politics and McKenzie LLP. nications department. Governor Mitt Romney. Former Philadelphia mag- chief legal counsel for the Massa- azine. He is a Craig J. Coffey ’96 is vice presi- Jason S. Rozes ’98 is a partner in chusetts State Police, she lives partner in the litigation depart- dent of the Coyle Company in the finance and real estate prac- with her husband, Rick, in Boston ment at Obermayer, Rebmann, Waltham, MA, and focuses his tice group at Dechert LLP in and Wareham, MA. Maxwell & Hippel LLP in practice on designing and imple- Philadelphia, PA. Philadelphia, PA. menting complex estate plans REUNION and wealth transfer strategies. Barbara A. Trachtenberg ’98 is 1990s [ ’92 & ’97 ] H. Lockwood Miller III ’94 is of He and his wife, Kristina, and a partner in the Boston office counsel at Coughlin Duffy LLP their son live in Cohasset, MA. of DLA Piper and focuses Jared W. Huffman ’90 was elect- in Morristown, NJ, and focuses her practice on real estate ed to the California State As- his practice on pharmaceutical Frank A. De Vito ’96 is a part- conveyancing, development, sembly in December. He is a se- and product liability litigation. ner in the Boston office of DLA finance, and leasing. nior attorney for the Natural Re- Piper and focuses his practice on sources Defense Council in San Marc Rothenberg ’94 is a part- real estate development, finance, Michael J. Bastian ’99 is an as- Francisco, CA, and lives with his ner in the New York, NY, office and leasing. sociate in the intellectual prop- wife, Susan, and their two chil- of Blank Rome LLP and focuses erty department at Choate, Hall dren in San Rafael, CA. his practice on white collar crim- Peter D. Lindau ’96 is of coun- & Stewart LLP in Boston. inal defense and internal corpo- sel in the Chicago, IL, office of ileta A. Sumner ’90 has been se- rate investigations. Ross, Dixon & Bell LLP and Philip H. Graeter ’99 is an asso- lected by the Women and the practices in the areas of insur- ciate in the litiga- Law Section of the State Bar of Andrew E. Skroback ’94 is special ance coverage, professional lia- tion practice group Texas to receive its Ma’at Justice counsel in the environmental law bility, and commercial litigation. at Boston-based Award, recognizing her commit- practice at Stroock & Stroock & Hanify & King PC. ment to the furtherance of jus- Lavan LLP in New York, NY. He William C. Acevedo ’97 was He previously practice through her work as a do- was formerly with Hunton & elected vice chair of the Rich- ticed at Todd & mestic violence advocate. Williams LLP in New York, NY. mond (CA) Economic Develop- Weld LLP in Boston.

SPRING / SUMMER 2007 | BC LAW MAGAZINE 37 [ E SQUIRE]

Gregory M. O’Shaughnessy ’99 Program for his pro bono expe- Award presented by the City of litigation departments at Choate, is a partner in the Boston office rience and commitment to serv- New York Law Department, Of- Hall & Stewart LLP in Boston. of Nixon Peabody LLP and con- ing the youth in his community. fice of the Corporation Counsel. centrates his practice on corpo- He is an assistant corporation Nicole L. Mondschein ’06 is the rate and business law. Brendan W. Piper-Smyer ’03 is an counsel in the commercial and creator of a fictionalized serial associate in the real estate litigation division of blog set in South Florida entitled Mark Reilly ’99 joined the Mass- family law practice the department. “The Star Islanders: A Miami achusetts Office of Legal Counsel at Conn, Ka- Journal by Francie Leighton” as deputy counsel to the governor, vanaugh, Rosen- Jennie Santos-Bourne ’05 is an (www.starislanders.blogspot.co supporting the executive office of thal, Peisch & Ford associate in the Metro Detroit, m). She is currently working on Energy and Environmental Affairs LLP in Boston. MI, office of Warner, Norcross a print version of the story. in the executive office of Trans- & Judd LLP. portation and Public Works. Courtney E. Cox ’04 is an asso- Benjamin K. Steffans ’06 is an ciate in the litigation section of Heather L. Castillo ’06 is an as- associate in the De- Carmen-Lucía Rodríguez ’99 is Jackson Walker LLP in Fort sociate in the litigation depart- troit, MI, office of a partner at Navas & Rodríguez Worth, TX. ment at Choate, Hall & Stewart Butzel Long and in San Juan, PR, and practices in LLP in Boston. concentrates his the areas of general, employ- Meredith L. Ainbinder ’04 was practice in the area ment, and labor law litigation appointed co-chair of the Media Jill L. Dalfior ’06 established of labor and em- and counseling. She and her hus- Committee of the Women’s Bar Dalfior Law Offices in Boston ployment law. band, Néstor, live with their Association of Massachusetts. and practices US immigration daughter in Guaynabo, PR. She is an associate at Bromberg and nationality law with a focus A Footnote & Sunstein LLP in Boston. on family and deportation cases. Following the sudden death of REUNION David M. Fitzgerald ’84 in Feb- 2000s [ ’02 & ’07 ] J. Miguel Flores ’04 won a mil- Andrew R. Dennington ’06 is an ruary, the Riverdale Trust was lion-dollar settlement against the associate at Conn, established to benefit the chil- Brian J. Carr ’00 is a partner in city of Los Angeles to preserve Kavanaugh, dren of Dave and his wife, Nan- the business and technology and restore the Vladeck Center, Rosenthal, Peisch cy, who predeceased him in group at Choate, Hall & Stew- a cultural and historic landmark, & Ford LLP in 2001. Contributions may be art LLP in Boston. slated for demolition in violation Boston and prac- made directly to Bank of Amer- of the California Environmental tices in the area of ica account 3810 0299 8842 or Shelagh C. Newton Michaud ’00 Quality Act. civil litigation. sent to the Riverdale Trust, c/o was elected to the Eliot Powell, 19 Loft Drive, executive commit- Hanh N. Nguyen ’04, an associ- Catherine B. Eberl ’06 was admit- Martinsville, NJ 08836. tee of the Universi- ate in the San Francisco, CA, of- ted to the New York ty of New Hamp- fice of Thelen, Reid, Brown, State Bar in Febru- shire Alumni Asso- Raysman, & Steiner LLP, was ary. She is an associ- IN MEMORIAM ciation Board of granted a yearlong leave to work ate in the estates and Directors. She is an for the United Nations offices in trusts practice group Charles P. Paone ’35 associate in the litigation de- The Hague, Netherlands, as an at Hodgson Russ Francis X. Ahearn ’43 partment in the Manchester, assistant prosecutor at the Inter- LLP in Buffalo, NY. Robert J. DeGiacomo ’48 NH, office of Devine Millimet. national Criminal Tribunal for Matthew L. McGrath ’49 the former Yugoslavia. James R. Fagan ’06 is an associ- Francis J. Dever ’50 Hollis E. Crowley ’01 is a troop- ate in the corporate department Jeremiah M. Long ’52 er with the Massachusetts State Holly Carlson Kilibarda ’04 was at Choate, Hall & Stewart LLP John L. Murphy Jr. ’53 Police. He was formerly an as- named to the Dress in Boston. J. Norman O’Connor ’53 sistant district attorney in the for Success New John J. Mahoney ’54 Suffolk County (MA) District Hampshire Board Matthew L. Fenselau ’06 is an George L. Watt ’54 Attorney’s Office. of Directors. She is associate and a member of the George B. Crane ’55 a member of the lit- patent prosecution group in the Herbert J. Bober ’57 Eric J. Days ’01 married Laura igation practice Boston office of Fish & Richard- Edward W. Day Jr. ’57 Kudravetz in Gardner, MA, in group at Devine Millimet & son PC. John J. Petrucelli ’58 October. He is with O’Neill & Branch PA in Manchester, NH. John J. Moynihan ’59 Neylon in Weston, MA. Ginger Hsu ’06 is an associate in Frank J. Traversi ’59 Rhana Ishimoto ’05 was a re- the litigation and bankruptcy de- Anthony M. Fredella ’60 Yvette R. Missri ’01 married Matt cipient of the Legal Rookie of the partments at Choate, Hall & Richard B. Megley ’62 Pusateri in Bermuda in August. Year Award presented by the Stewart LLP in Boston. Paul C. Moore ’62 She is an assistant attorney gener- City of New York Law Depart- William A. Long ’67 al in the Domestic Violence Sec- ment, Office of the Corporation R. Victoria Lindo ’06 is an asso- Edward J. Collins Jr. ’68 tion of the Office of the Attorney Counsel. She is assistant corpo- ciate in the litigation department Kenneth J. Russell ’69 General in Washington, DC. ration counsel in the family court at Choate, Hall & Stewart LLP John P. Birmingham ’70 division of the department. in Boston. Jeffrey A. Jacobs ’81 Philip J. Catanzano ’02 was se- David M. Fitzgerald ’84 lected for the Boston Bar Associ- Cesar Periera ’05 was a recipient Kathryn Griffin McArdle ’06 is Meghan C. Cooney ’07 ation Public Interest Leadership of the Legal Rookie of the Year an associate in the real estate and

38 BC LAW MAGAZINE | SPRING / SUMMER 2007 [ F ACULTY] Academic Vitae Compiled and Edited by Deborah J. Wakefield

ALEXIS J. ANDERSON MARY SARAH BILDER MARK S. BRODIN Activities: Panelist, “Federal and State Regulation of Stem Cell Associate Clinical Professor Professor Professor Research,” Boston College’s Activities: Participant in a workshop Recent Publications: “The Corpo- Recent Publications: With Michael Annual Bioethics Conference in on the ethical implications of inter- rate Origins of Judicial Review.” Avery. Handbook of Massachu- Feb. Served on the screening, interdisciplinary practice with the Mass- Yale Law Journal 116 (2006): setts Evidence. 8th ed. Austin: view, and final decision panels of achusetts Committee for Public 502–566. (A brief version appears Aspen Publishers/Wolters Kluwer, the Boston Schweitzer Fellows Counsel Services in Boston in Jan. as “Why We Have Judicial Review.” 2007. With Robert M. Bloom. Program Selection Committee in Yale Law Journal Pocket Part 116 Criminal Procedure: The Consti- Mar. FILIPPA MARULLO ANZALONE (2007): 215. Another brief version tution and the Police: Examples appears as “The Origins of Judicial and Explanations. 5th ed. New DANIEL R. COQUILLETTE Professor and Associate Dean for Review.” BC Law Magazine 15: no York: Aspen Publishers, 2007. Library and Computing Services J. Donald Monan, SJ, 1 (Winter 2006): 30, 53–54.) Professor of Law Activities: Panelist and session Works in Progress: With Stephen N. moderator, “Program for New Presentations: “Colonial Constitu- Subrin et al. Civil Procedure: Doc- Recent Publications: With Judith Directors: Relating to Your Col- tionalism and Constitutional trine, Practice, and Context. 3rd A. McMorrow. Moore’s Federal leagues,” and session moderator, Law,” American Society for Legal ed. New York: Aspen Publishers. Practice. 3rd ed. Vol. 30, The Fed- “Open Access and the Future of History 2006 Annual Meeting, eral Law of Attorney Conduct Legal Scholarship: Copyright, Baltimore, MD, in Nov.; and Cor- R. MICHAEL CASSIDY (2006 update). Newark, NJ: Lex- Print Journals, and Electronic nell Law School, Ithaca, NY, in isNexis, 2006. Professor Repositories,” Association of Mar. “Idea or Practice,” Boston American Law Schools 2007 College Political Science Depart- Recent Publications: “Character LAWRENCE A. CUNNINGHAM Annual Meeting, Washington, ment in Mar. and Context: What Virtue Theory Professor and Associate Dean for DC, in Jan. Can Teach Us About a Prosecu- Academic Affairs Activities: Member, American tor’s Ethical Duty to ‘Seek Jus- Other: Recipient of a 2007 Women Society for Legal History Program tice.’” Notre Dame Law Review Recent Publications: “Too Big to of Excellence Award as a distin- Committee. Member, National 82 (December 2006): 635–697. Fail: Moral Hazard in Auditing guished alumna of Mount Saint Endowment for the Humanities and the Need to Restructure the Joseph Academy in Boston. Kluge Fellowship selection panel. Works in Progress: Co-reporter. Industry Before It Unravels.” National Prosecution Standards. Columbia Law Review 106 DANIEL L. BARNETT New Appointments: Appointed to 3rd ed. (2006): 1698–1735. “Language, the Boston by Foot Board of Deals and Standards: The Future Associate Professor of Legal Trustees. Presentations: “Torture in Crimi- of XML Contracts.” Washington Reasoning, Research, and Writing nal Investigations: Is It Ever University Law Review 84 (2006): Activities: Member of the Execu- ROBERT M. BLOOM Moral?” Religious Values and the 313–373. With Tamar Frankel. tive Committee and chair of the Practice of Law Speaker Series, “The Mysterious Ways of Mutual Professor Conference Site Selection Commit- Fordham Law School, New York, Funds: Market Timing.” Annual tee of the Legal Writing Institute. Recent Publications: With Mark NY, in Jan. Review of Banking and Financial S. Brodin. Criminal Procedure: Law 25 (2006): 235–293. With CHARLES H. BARON The Constitution and the Police: New Appointments: Appointed Stephen Asare and Arnold Wright. Examples and Explanations. 5th associate dean for academic affairs “The Sarbanes-Oxley Act: Legal Professor ed. New York: Aspen Publishers, effective June 1. Appointed to the Implications and Research Oppor- Recent Publications: “La théorie 2007. With William J. Dunn. Judicial Nominating Commission tunities.” Research in Accounting l’intention originelle, la sincérité “The Constitutional Infirmity of by Massachusetts Governor Deval Regulation 19 (2007): 81–105. dans la redaction des opinions des Warrantless NSA Surveillance: Patrick in Mar. juges et les références à des sources The Abuse of Presidential Power Works in Progress: “A Prescription juridiques étrangères dans le and the Inquiry to the Fourth Promotions: Promoted to full pro- to Retire the Rhetoric of ‘Princi- processus d’interprétation de la Amendment.” William and Mary fessor in Mar. ples-Based Systems’ in Corporate constitution aux États-Unis.” In Bill of Rights Journal 15 (2006): Law, Securities Regulation, and L’Architecture du droit: mélanges 147–202. Updates Editor. MARY ANN CHIRBA-MARTIN Accounting.” Minnesota Law en l’honneur de Michel Troper, Moore’s Federal Practice. 3rd ed. Review (forthcoming 2007). “The Associate Professor of Legal études coordonnées par Denys de 2006 update: Chapters 31–36, Thick Backstop for Audit Failure: Reasoning, Research, and Writing Béchillon [et al.], 109–126. Paris, 80. Newark, NJ: LexisNexis, Analytical Skepticism about Dam- Economica, 2006. 2006. Presentations: “National and State ages Caps for Auditors.” (Forth- Health Care Reform Measures,” coming 2007). “Carrots for Presentations: “Annual Roundup Works in Progress: Moore’s Fed- Harvard Medical School in Jan. Vetogates: Bonuses for Effective of Developments in Massachusetts eral Practice. 3rd ed. Chapter 55: “FDA Regulation and Reclassifi- Securities Market Gatekeepers.” Constitutional Law,” Association “Default.” cation of Dental Amalgam,” Inter- (Forthcoming 2007). of City Solicitors and Town Coun- national Academy of Oral sel annual meeting, Williamstown, Presentations: “Terrorism,” BC Medicine and Toxicology confer- Presentations: “To Cap or Not to MA, in Nov. Law Board of Overseers in Oct. ence, Tucson, AZ, in Mar. Cap: The Case of Auditor Liability

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for Damages,” roundtable discus- International Association of Law and the Fetish of Choice,” sympo- Conditions. Cambridge, MA: sion, Duke University School of Schools Workshop for Teachers of sium entitled “Law and Econom- Workers Compensation Research Law, Durham, NC, in Feb. “The International Business Transac- ics: Toward Social Justice” Institute, 2007. Influence of Insurance on Audit tions in Mar. Appointed to the sponsored by the Center on Cor- Effectiveness and Auditor Liability Law School Admission Council porations, Law, and Society, Seat- Presentations: “Medical Treat- Risks,” University of Connecticut Board of Trustees in Mar. tle University School of Law, ments and Costs in Workers Com- School of Law, Hartford, CT, in Seattle, WA, in Sept. “Can Corpo- pensation: The Massachusetts Apr. “A Five-Year Retrospective on Other: Recipient of the 2007 rate Law Save the World?” a Experience,” Louisiana Associa- Sarbanes-Oxley,” New York Law Award of Distinction for Contri- debate sponsored by the American tion of Self Insured Employers School, New York, NY, in Apr. butions to the Field of Interna- Constitution Society, University of 15th Annual Meeting and Work- tional Law presented by the Chicago Law School, Chicago, IL, ers’ Compensation Conference, FREDERICK M. ENMAN, SJ International Law Students Asso- and at BC Law in Jan. “The Fail- Biloxi, MS, in Nov. “Judging Sci- ciation of the University of Idaho ure of Corporate Law,” Clason ence,” Boston College Presidential Chaplain and Special Assistant to College of Law. Provided consul- Speaker Series, Western New Eng- Scholars Program in Feb. “Evalu- the Associate Dean for Students tation regarding law reform and land College School of Law, ation and Treatment of Low Back Other: Accompanied a group of rule of law in Slovakia in Dec. Springfield, MA, in Jan.; and at the Injuries,” Flaschner Judicial Insti- BC Law students to New Orleans University of Kentucky College of tute seminar for judges in the to engage in service work for vic- JOHN H. GARVEY Law, Lexington, KY, in Feb. Fac- workers compensation system, tims of Hurricane Katrina in Feb. ulty colloquium at Western New Boston in Feb. Dean England College School of Law in FRANK J. GARCIA Recent Publications: With Lisa Jan. “Corporate Law and the INGRID MICHELSEN HILLINGER Sowle Cahill and T. Frank Fetish of Choice,” a law and Professor and Director of the Professor Kennedy, SJ, editors. Sexuality and economics theory workshop, Uni- Law and Justice in the the U.S. Catholic Church. New versity of British Columbia, Van- Works in Progress: “Searching for Americas Program York: Herder and Herder/Cross- couver, BC, in Mar. “The Failure the Meaning of Rejection: A Snipe Recent Publications: Review of road Pub. Co., 2006. of Corporate Law,” in defense of Hunt?” Update of Chapter 303: The World Trade Organization: his book of the same title, on “Involuntary Cases.” In Collier on Law, Practice, and Policy. 2nd ed., New Appointments: Named pres- behalf of the George Coon Public Bankruptcy. “Section 506(b): The by Mitsuo Matsushita, Thomas J. ident-elect of the Association of Library, Princeton, KY, and Amer- Making of a Sausage.” Schoenbaum, and Petros C. American Law Schools. ican Constitution Society lawyer Mavroidis. Oxford: Oxford Uni- chapters in Lexington, KY, Presentations: “Searching for the versity Press, 2006. American PHYLLIS GOLDFARB Nashville, TN, Los Angeles, CA, Meaning of Rejection: A Snipe Journal of International Law 100 and Phoenix, AZ, in Feb. and Mar. Hunt?” Federal Judicial Center Professor (2006): 991–993. “Why Trade Educational Program for Bank- Law Needs a Theory of Justice.” Presentations: “W(h)ither the Activities: Panel moderator, ruptcy Judges, Baltimore, MD, American Society of International Death Penalty?” Human Rights “Should Corporations Have First and Austin, TX, in Apr. Law Proceedings of the Annual Festival, Brown University, Provi- Amendment Rights?” conference Meeting 100 (2006): 376–380. dence, RI, in Dec. “When Worlds entitled “Corporations and the First Activities: Co-chair, Bankruptcy Collide: Exploring Interrelation- Amendment: Examining the Health MCLE Program, in Oct. Chair, Works in Progress: “Globalization ships and Collaborations between of Democracy,” Center on Corpo- American College of Bankruptcy and the Normative Basis of Inter- Clinicians and Legal Writing rations, Law, and Society, Seattle First Circuit Educational Pro- national Trade Law: The ‘Fair’ Teachers in Teaching and Scholar- University School of Law, Seattle, grams Committee. Trade Law of Nations, or a ‘Fair’ ship,” Association of American WA, in Oct. Panelist, “Chevron Global Law of Economic Rela- Law Schools 2007 Annual Meet- Deference, Federal Preemption, and RUTH-ARLENE W. HOWE tions?” Alberta Law Review (sym- ing, Washington, DC, in Jan. Wachovia Bank v. Watters,” 13th Professor posium issue) (forthcoming 2007). Gallivan Conference, University of New Appointments: Appointed an Connecticut School of Law, Hart- Work in Progress: “Race Does Presentations: Keynote address, affiliated faculty member of the ford, CT, in Nov. Guest speaker in Matter.” In Baby Markets: Money, “Globalization, Global Commu- Center for Human Rights and a course on negotiation, Carroll Morality, and the Neopolitics of nity, and the Normative Basis of International Justice at Boston School of Management, Boston Choice, edited by Michele Good- International Trade: The ‘Fair’ College for 2006–2007. College, in Feb. win ’95. Trade Law of Nations, or a ‘Fair’ Global Law of Economic Rela- KENT GREENFIELD New Appointments: Appointed Presentations: “The Third World tions?” and “Response to Fair visiting professor of political sci- Law Journal: Its Founding and Professor Trade Remarks by Senator Larry ence at Brown University for the Mission,” special session, taped Craig,” University of Idaho Col- Recent Publications: The Failure of 2006 fall semester. Named distin- for archival purposes, with sec- lege of Law 5th Annual Interna- Corporate Law: Fundamental guished faculty fellow for ond-year staff and third-year exec- tional Law Symposium, Coeur Flaws and Progressive Possibili- 2007–2008 at the Seattle Univer- utive editors, Boston College in d’Alene, ID, in Mar. ties. Chicago: University of sity School of Law Center on Cor- Oct. Remarks at “A Celebration of Chicago Press, 2006. porations, Law, and Society. Dr. Anderson J. Franklin, Honor- Activities: Panelist, “International able David S. Nelson Chair,” Dispute Resolution: Current Pat- Works in Progress: “Corporate DEAN M. HASHIMOTO Boston College in Feb. terns, New Models,” Boston Col- Law and the Fetish of Choice.” In Associate Professor lege International Legal Studies Research in Law and Economics. Activities: Invited participant, Colloquium in Jan. With Gordon Smith. “Saving the Works in Progress: With D. Wang, “Baby Markets: Money, Morality, World with Corporate Law.” K. Mueller, S. Belton, and X. Zho. and the Neopolitics of Choice,” New Appointments: Appointed to Interstate Variations in Medical roundtable convened by Michele the Planning Committee of the Presentations: “Corporate Law Practice Patterns for Low Back Goodwin ’95 and sponsored by

40 BC LAW MAGAZINE | SPRING / SUMMER 2007 [ F ACULTY]

The Health Law Institute, DePaul for U.S. Constitutional Law from New Appointments: Reappointed Boston College Law School Law University College of Law, the Declaration on Religious to the American Bar Association and Religion Program inaugural Chicago, IL, in Nov. As a life mem- Freedom.” University of Southern Commission on Immigration. conference, “Matters of Life and ber of BC Law Alumni Associa- California Interdisciplinary Law Death: Religion and Law at the tion, served on association’s Journal 16 (2006):1–48. Other: Supervised the Spring Break Crossroads,” in Mar. Presentation nominating and diversity commit- Immigration Service trip in Feb. on the admission process, BC Law tees. As a member of the BC Law Presentations: “Catholics in Public Alumni Council in Mar. 75th Anniversary Committee, Life: Judges, Legislators, Voters,” SANFORD N. KATZ assisted in planning the panel, St. Michael’s College, Colchester, Other: Met with members of the Darald and Juliet Libby “Achieving Bipartisanship: the VT, in Nov. German Parliament’s budget Professor of Law Challenge for Our National Lead- committee and the Ministry of ership,” in Mar. Panelist, “Diver- DANIEL KANSTROOM Recent Publications: “Homer H. Labor to discuss labor market and sity at Boston College Law School: Clark, Jr., as Scholar.” University educational policy issues in Feb. Clinical Professor and A Historical Perspective,” BC Law of Colorado Law Review 78 Consulted with researchers from Director of the International Alumni Council forum in Mar. (2007): 16–19. the Japanese Ministry of Health, Human Rights Program Labor, and Welfare to discuss GAIL J. HUPPER Recent Publications: Deportation Works in Progress: “In Memo- problems of standards creation Nation: Outsiders in American riam—Robert F. Drinan, SJ” Fam- and enforcement for teleworkers Director of LL.M. and History. Cambridge, MA: Har- ily Law Quarterly. “New in Mar. An article entitled “Get- International Programs vard University Press, 2007. “The Directions for Family Law in the man and Kohler: Congress Presentations: “The International- Better Part of Valor: the REAL ID United States: From Contract Should Protect the Interests of US ization of Legal Education: A US Act, Discretion, and the ‘Rule’ of Cohabitation to Registered Domes- Workers,” was published in the Perspective,” the Harvard Club of Immigration Law.” New York tic Partnerships and Beyond.” Austin American-Statesman in France, Paris, France; and the Lud- Law School Law Review 51 InDret (Spain). “Protecting Chil- Apr. Invited to address the Juris- wig-Maximilians-Universität Fac- (2006/2007): 161–206. “Sharpen- dren through State and Federal tentag, the biennial meeting of ulty of Law, Munich, Germany, in ing the Cutting Edge of Interna- Laws.” International Survey of German jurists and legal scholars, Feb. “US Graduate Legal Educa- tional Human Rights Law: Family Law (forthcoming 2007). to be held in 2008. tion: A View from Boston Col- Unresolved Issues of War Crimes lege,” Università Cattolica del Tribunals.” Boston College Inter- Activities: Remarks before the New RAY D. MADOFF Sacro Cuore Faculty of Law, national and Comparative Law Hampshire and Philadelphia chap- Professor Milan, Italy, in Feb. Review 30 (2007): 1–13. ters of the Boston College Law School Alumni Association in Mar. Recent Publications: With Cor- Works in Progress: “The Rise of an Works in Progress: “Post-deporta- nelia R. Tenney and Martin A. Academic Doctorate in Law: Ori- tion Human Rights Law: Aspira- THOMAS C. KOHLER Hall. Practical Guide to Estate gins to World War II.” tion, Oxymoron, or Necessity?” Planning. 2007 ed. Chicago: Professor Stanford Journal of Civil Rights CCH, 2006. Activities: Presented a lecture on US and Civil Liberties (forthcoming Recent Publications: “Decentraliz- legal education in a comparative 2007). “National Security and ing Industrial Relations: The Works in Progress: With James law class, Facultés Universitaires, Immigration: The Long Rhetorical American Situation and Its Signif- Andreoni. “Overconfidence and St. Louis, Brussels, Belgium, in Feb. Struggle.” Connecticut Law icance in Comparative Perspec- Judicial Doctrine: Do Winner- Review (forthcoming 2007). tive.” In Decentralizing Industrial Take-All Rules Discourage Pre- RENEE M. JONES Relations and the Role of Labour trial Agreement?” Presentations: “A Brief History of Unions and Employee Represen- Associate Professor Immigration Law,” Wellesley Col- tatives, edited by Roger Blanpain Presentations: With James Recent Publications: “Law, lege, Wellesley, MA, in Sep. [et al.] The Hague: Kluwer Law Andreoni. “Overconfidence and Norms, and the Breakdown of the Keynote address, Diversity Chal- International, 2007. Judicial Doctrine: Do Winner- Board: Promoting Accountability lenge Conference, Boston College Take-All Rules Discourage Pre- in Corporate Governance.” Iowa in Oct. Presentation on post- Works in Progress: “Religion and trial Agreement?” Behavioral Law Review 92 (2006): 105–158. deportation law, Harvard Collo- the Workplace: The 29th Annual and Experimental Economics quium on Children in Dec. Kenneth M. Piper Memorial Lec- Workshop, Harvard University in Presentations: “Law, Norms, and Presented a paper on post-depor- ture.” Chicago-Kent Law Review Mar. “Everything You Always the Breakdown of the Board,” tation human rights at a sympo- (forthcoming 2007). Wanted to Know About Mediat- Association of American Law sium entitled “Immigrants’ Rights ing Probate Disputes, But Were Schools (AALS) Section on Busi- and Critical Perspectives on Immi- Presentations: “Religion and the Afraid to Ask,” Massachusetts ness Associations panel, “Dimen- gration Reform,” Stanford Law Workplace,” 29th Annual Ken- Bar Association. sions of Disney: The Evolution of School, Stanford, CA, in Feb. “The neth M. Piper Memorial Lecture, Corporate Law and Corporate New Yellow Peril,” 13th National Chicago-Kent College of Law, New Appointments: Chair-elect, Governance,” AALS 2007 Annual Asian Pacific American Confer- Chicago, IL, in Mar. Association of American Law Meeting, Washington, DC, in Jan. ence on Law and Public Policy, Schools Section on Donative Harvard Law School in Mar. Activities: Attended the confer- Transfers, Fiduciaries, and Estate Promotions: Promoted to associate ence, “Forging a New Labor Pol- Planning. professor with tenure in Mar. Activities: Respondent, “Educa- icy for the 21st Century,” tion and Immigration: A Call to sponsored by American Rights at JUDITH A. MCMORROW GREGORY A. KALSCHEUR, SJ Conscience,” 7th Annual Lynch Work and hosted by the Labor and Professor School Symposium, Boston Col- Worklife Program at Harvard Law Assistant Professor lege in Oct. Panelist, “Hamdan v. School in Dec. Conference orga- Recent Publications: “Creating Recent Publications: “Moral Lim- Rumsfeld,” Boston College Politi- nizer and chair of the panel on Norms of Attorney Conduct in its on Morals Legislation: Lessons cal Science Department. embryonic stem cell research, International Tribunals: A Case

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Study of the ICTY.” Boston Col- Presentations: “The Press and University School of Law interna- Negotiating Boundaries, lege International and Compar- National Security,” Inaugural tional program, taught issues in Authority, Role, and Task in ative Law Review 30 (2007): Charles S. Rowe First Amendment international tax to Mexican gov- Organizations” conference, Uni- 139–173. With Daniel R. Lecture, Washington and Lee Uni- ernment officials and practicing versity of Maryland, College Coquillette. Moore’s Federal versity School of Law, Lexington, lawyers at the Instituto Technó- Park, MD, in Mar. Practice. 3rd ed. Vol. 30, The VA, in Sep. logico Autónomo de México, Federal Law of Attorney Con- Mexico City, Mexico, in Nov. JOAN A. SHEAR duct (2006 update) Newark, NJ: Activities: Panelist, “What Makes Legal Information Librarian LexisNexis, 2006. a Good Supreme Court Decision?” JAMES S. ROGERS and Lecturer in Law Massachusetts Foundation for the Professor Works in Progress: With Luke Humanities Annual Symposium New Appointments: Chair, Access Scheur. “The Moral Responsibility entitled “The Least Dangerous Recent Publications: “Restitution to Electronic Legal Information of the Corporate Lawyer.” Branch? Liberty, Justice, and the for Wrongs and the Restatement Committee of the American Asso- US Supreme Court,” Boston Col- (Third) of the Law of Restitution.” ciation of Law Libraries. Presentations: “Dynamic Presenta- lege in Oct. Wake Forest Law Review 42 tion Skills Workshop: How to (Spring 2007): 55–91. FRANCINE T. SHERMAN Engage, Entertain, and Educate New Appointments: Member, Clinical Professor and Director Your Target Audience.” Law executive committees of the Mass Presentations: “The Revision of of the Juvenile Rights Librarians of New England Fall Communication Law and the Canadian Law on Securities Hold- Advocacy Project Meeting, Dover, MA, in Nov. National Security Law sections of ing through Intermediaries: Who, the Association of American Law What, When, Where, How, and Recent Publications: Consent to Activities: Speaker at a Boston Bar Schools. Why,” 36th Annual Workshop on Medical Treatment by Minors in Association program on attor- Commercial and Consumer Law, Massachusetts: A Guide for Prac- ney–client relationship in Feb. ZYGMUNT J. B. PLATER University of Alberta Faculty of titioners. Newton, MA: Boston Speaker at a New York State Bar Law, Banff, Alberta, Canada, in College Law School Juvenile Professor Association Business Law Section Oct. Rights Advocacy Project, 2006. program on legal ethics in Oct. Works in Progress: Plater, et al. (With Juvenile Rights Advocacy Environmental Law and Policy: EVANGELINE SARDA Project staff and students). New Appointments: Member, Nature, Law, and Society, 4th ed. Associate Clinical Professor Association of American Law (forthcoming 2008). 2008 Teach- Works in Progress: With Barbara Schools Committee on Sections ers Manual Update: Environmen- Presentations: “What the Annual Kaban. “The Role of Gender and and the Annual Meeting tal Law and Policy: Nature, Law, Public Interest Retreat Holds for Race among Court-Involved and Society (forthcoming 2007). the Law School,” Public Interest Youth in Massachusetts CHINS ALAN D. MINUSKIN Retreat, Dover, MA, in Sep. “Cap- and Care and Protection Cases: An Presentations: “Endangered Species turing and Critiquing Student Per- Empirical Study.” (forthcoming Associate Clinical Professor Protections, Past, Present, and formance: Some Psychodynamic 2007). Presentations: “Accepting the Future,” Bard College Graduate Aspects of Interviewing,” confer- Court’s Invitation: Law Schools Center for Environmental Policy, ence entitled “The Pedagogy of Presentations: “Girls in the Juve- Respond to the Solomon Amend- Annnandale-on-Hudson, NY, in Interviewing and Counseling: nile Justice System,” Tennessee ment Case,” Association of Amer- Feb. and Mar. Keynote address, Models, Techniques, and Technol- Judges Conference, Nashville, TN, ican Law Schools 2007 Annual “Environmentalism at a Constitu- ogy,” UCLA School of Law, Los in Sep. Keynote address, “Deten- Meeting, Washington DC, in Jan. tional Moment: The Biodiversity of Angeles, CA, in Oct. tion Reform and Girls: Challenge Majorities,” 25th Annual Public and Solutions,” Annual Judges Activities: Organized the discus- Interest Environmental Law Con- Activities: Participant, “Being, Conference, Washington, DC, in sion, “Is ‘Don’t Ask, Don’t Tell’ ference, University of Oregon Meaning, Engaging: The Lived Oct. Hurting Our Military Readiness in School of Law, Eugene, OR, in Mar. Experience of Resistance and Iraq?” by US Congressman Marty Transformation in Systems,” 37th Activities: Organizer and moder- Meehan at BC Law in Feb. DIANE M. RING International Working Conference ator, “Detention Reform and sponsored by the Grubb Institute, Girls” workshop, Annie E. Casey Professor MARY ANN NEARY Haslemere, Surrey, UK, in Nov. Foundation Juvenile Detention Works in Progress: With Wolfman Alternatives Initiative Inter-Site Associate Law Librarian for and Schenk. Ethical Problems in Other: Member, Center for the Conference, New Orleans, LA, Education and Reference Services Federal Taxation. Foundation Study of Groups and Social Sys- in Nov. and Lecturer in Law Press, (forthcoming 2007). tems (CSGSS) Board of Directors Activities: Coordinator, Law for 2003–2007. Consulting staff, Other: As principal investigator Librarians of New England Fall Presentations: “International Tax “Leadership and the Dynamics of the Massachusetts Health Meeting, “Training and Instruc- Relations: Theory and Practice,” of Dissent in Organizational Passport Project, received a tion: Reaching Out with New James Hausman Tax Law and Pol- Life,” the 18th Residential three-year implementation grant Technology,” hosted by the BC icy Workshop, University of Group Relations Conference to expand a pilot project to four Law Library in Nov. Toronto Law School, Toronto, sponsored by CSGSS, Shrews- Massachusetts sites in collabora- Ontario, Canada, in Oct.; and bury, MA, in Jan. Associate tion with the Massachusetts MARY-ROSE PAPANDREA Brooklyn Law School, Brooklyn, director for administration, Department of Youth Services. NY, in Mar. CSGSS event, “Flying the Plane Recipient of grants from the Assistant Professor While Reading the Manual: The Massachusetts Cultural Counsel, Recent Publications: “Citizen New Appointments: Promoted to Challenge of Getting the Task Jacob and Valeria Langeloth Journalism and the Reporter’s full professor in Mar. Done While Learning to Do It,” Foundation, Gardiner Howland Privilege.” Minnesota Law Dover, MA, in Mar. Consulting Shaw Foundation, and the Annie Review 91 (2007): 515–591. Other: In conjunction with a Duke staff, “Experiencing Leadership: E. Casey Foundation. Consul-

42 BC LAW MAGAZINE | SPRING / SUMMER 2007 ✄ [ F ACULTY] Stay in Touch tant to the Department of Juve- Policy Strategy for Nonprofit nile Justice Services in Clark Governance and Accountability,” Fax: 617-552-2179 County, NV, to develop a Girls’ a joint initiative of the Hauser Email: [email protected] Initiative. Center for Nonprofit Organiza- US mail: 885 Centre Street, tions and Harvard Law School Newton, MA PAUL R. TREMBLAY in Oct. GIL ADAMS 02459-1163 Clinical Professor Activities: Panelist, “Subtle Sexism PERSONAL Recent Publications: “‘Pre-Nego- in Our Everyday Lives,” Associa- Name tiation’ Counseling: An Alterna- tion of American Law Schools (first) (last) (maiden, if applicable) tive Model.” Clinical Law Review (AALS) Section on Women in Address 13 (2006): 541–571. With Car- Legal Education, AALS 2007 (street) wina Weng. “Multicultural Annual Meeting, Washington, (city) (state) (zip) Lawyering: Heuristics and DC, in Jan. Home Phone Biases.” In The Affective Assis- tance of Counsel: Practicing Law DAVID A. WIRTH Email address Class Year as a Healing Profession, edited by Professor and Director Marjorie A. Silver, 143–182. BUSINESS of International Programs Durham, NC: Carolina Academic Employer Press, 2007. Recent Publications: “Hazardous Substances and Activities.” In Position/Job title Works in Progress: “Critical Legal Oxford Handbook of Interna- Ethics.” Review of Lawyers’ tional Environmental Law, edited Business Address (street) Ethics and the Pursuit of Social by Daniel Bodansky, Jutta Brunée, Justice: A Critical Reader, edited and Ellen Hey, 394–422. Oxford: (city) (state) (zip) by Susan D. Carle. Georgetown Oxford University Press, 2007. Work Phone Journal of Legal Ethics (forthcoming 2007). Works in Progress: “Back Impact Email address of European Union Legislation on Job Description Activities: Panel moderator, “The American Environmental Regula- Pedagogy of Interviewing and tions.” Fletcher Forum of World List your areas of expertise: Counseling: Models, Techniques, Affairs (forthcoming 2007); and and Technology” conference, in Les échanges entre les droits: UCLA School of Law, Los Ange- L’Expérience communautaire Prefer to be contacted at ❏ home ❏ work les, CA, in Oct. Participant, (Proceedings of conference at L’U- Prefer to be contacted by ❏ phone ❏ email ❏ letter “HIV Legal Checkups” work- niversité du Littoral-Côte d’Opale, shop co-sponsored by the Amer- Boulogne-sur-Mer, France). EDUCATION ican Bar Association AIDS Coordinating Committee, the Activities: Panelist, “International Graduate degrees other than law: Medical-Legal Partnership for Dispute Resolution: Current Pat- School Degree Date Children, and the Los Angeles terns, New Models,” Boston Col- Undergraduate degree: City Attorney’s Office, Washing- lege International Legal Studies School Degree Date ton, DC, in Nov. Commentator Colloquium, BC Law in Jan. Address change? ❏ yes ❏ no ❏ home ❏ business for the William Pincus Award ceremony, Association of Ameri- ALFRED C. YEN VOLUNTEER OPPORTUNITIES can Law Schools 2007 Annual Professor ❏ Meeting, Washington, DC, in I would be willing to speak to students and/or Jan. Participant in a workshop on Recent Publications: “Third-Party alumni interested in my specialty area(s) the ethical implications of inter- Copyright Liability After Grokster.” ❏ I would be willing to speak on a panel disciplinary practice with the Minnesota Law Review 91 (2006): sponsored by Career Services. Massachusetts Committee for 184–240. Public Counsel Services in Boston ❏ I would be willing to speak to a prospective student. in Jan. Works in Progress: “Commercial ❏ I would like to learn more about Speech and Copyright in Com- other volunteer opportunities. CATHARINE P. WELLS mercial Information Works.” South Carolina Law Review. Professor CLASS NOTES Works in Progress: “Microaggres- Activities: Commentator, “Fixing Submit your news for publication in Class Notes: sions in the Context of an Ongo- Fair Use,” Intellectual Property (Please send your news by October 15, 2007 ing Community.” Columbia Conference: “Some Modest Pro- for the Fall/Winter issue.) Journal of Gender and Law (forth- posals,” Benjamin N. Cardozo coming 2007). School of Law, New York, NY, in Feb. Presentations: “Holding Charities Accountable: Some Thoughts Other: Served on the American Bar from an Ex-regulator,” First Association site evaluation team Governance and Accountability for George Mason University Symposium, “Toward a Public School of Law, Arlington, VA.

SPRING / SUMMER 2007 | BC LAW MAGAZINE 43 Reunion Giving REPORT 2006

ILLUSTRATIONS BY WILLIAM JAYNES

FROM THE DIRECTOR OF THE LAW SCHOOL FUND

BY CHRISTINE KELLY ’97 Reunions at an All-Time High

T HE 2006 REUNION CAMPAIGN WAS, BY ALL ACCOUNTS, A RAVING SUCCESS. I’m extremely proud to report that this year’s overall Reunion Gift was a grand total of more than $1.2 million. Greater still, a record 500 people attended the Reunion events in October, the highest attendance in the history of Law School Reunions. In the past five years, Reunion giving has increased over 242 percent. Our alumni are embracing their Reunions as both a reason to increase their financial support of the Law School through the Class Reunion Gift and as a way to re- establish ties with old friends and with the Law School. I would like to extend our warmest appreciation to those who served on their Reunion Committees, for their diligence and enthusiasm on behalf of our Law School. Special congratulations go to the Class of 1956, chaired by Francis Priv- itera, for their amazing 40 percent giving participation rate. In addition, the Class of 1981, chaired by John Donovan and Ann Palmieri, deserves a round of applause as their gift total exceeded $430,000 in cash and pledges. This class also boasted the most alumni in attendance. Finally, Eugene Chow ’76 wins the award for traveling the farthest to attend the Reunion (all the way from Hong Kong). As I begin to work on my own tenth Reunion Committee this year, I am struck by the challenge before us (and before all the other committees). The Reunion Committees of the past have set the bar higher and higher and I, for one, certainly don’t want to get voted off the island.

44 BC LAW MAGAZINE | SPRING / SUMMER 2007 [ REUNION REPORT]

1956 1961 Ernest B. Sheldon CLASS GIFT TOTAL: CLASS GIFT TOTAL: James F. Sullivan* MARK YOUR CALENDAR: $65,950 $99,365 William P. Sullivan PARTICIPATION: 40% PARTICIPATION: 36% Anthony A. Tafuri REUNION 2007 EVENTS Hon. Margaret M. Heckler, Edgar J. Bellefontaine Peter Van Co-chair Aaron K. Bikofsky Charles C. Winchester Alumni in class years ending in 7 and 2 are Francis D. Privitera, Co-chair Daniel Briansky invited to celebrate Reunion with class- Albert R. Annunziata Raymond I. Bruttomesso 1966 mates during the weekend of October 12- Wilfred J. Baranick Hon. William M. Bulger* CLASS GIFT TOTAL: 14. Highlights include: Friday, October 12: Richard P. Bepko Arthur J. Caron $14,536 John F. Bigley Richard P. Delaney PARTICIPATION: 36% Individual class Bar Reviews on campus Hon. Edward F. Casey* John J. Desmond III Anthony F. Abatiell from 6 p.m. to 8 p.m. Saturday, October 13: Lawrence J. Fagan Charles D. Ferris Robert F. Arena Reception and Class Dinners at the Fair- David J. Fenton Melvyn Glickman John R. Bagileo mont Copley Plaza Hotel, 138 St. James Victor L. Hatem Walter S. Goldstein Paul F. Beatty Street, Boston, beginning at 6:30 p.m. Sun- John W. Kane Sheila McCue Hennessey John F. Burke Paul A. Kelley Harold Hestnes* Crystal C. Campbell day, October 14: A Farewell Brunch at the Philip E. La Bonte Anne P. Jones Eugene T. Clifford Fairmont Copley Oak Room at 9 a.m. For Vincent Marzilli James A. King Samuel J. Concemi hotel reservations, contact the Fairmont Hon. Gerald F. O’Neill W. Hugo Liepmann Orlando F. de Abreu Copley at 800-441-1414 or www.fair Neil J. Roche* Raymond F. Murphy Jr. James J. Dean mont.com, and be sure to mention you are Robert J. Sherer Ronald F. Newburg John B. Derosa Donald N. Sleeper Jr. Robert L. O’Leary Robert J. Desiderio with BC Law School. For additional infor- Ralph J. Smith Rene J. Pinault George M. Doherty mation, email the Law School at William R. Sullivan R. Robert Popeo* Brian J. Farrell [email protected]. To make a contribu- Hon. John A. Tierney Milton H. Raphaelson Gerald E. Farrell Sr. tion to your class reunion gift, please go to Robert J. Robertory John G. Gill Jr. www.bc.edu/lawschoolfund. Edward A. Roster Michael L. Goldberg

* denotes member of the Reunion Committee

SPRING / SUMMER 2007 | BC LAW MAGAZINE 45 [ R EUNION REPORT]

Hon. Gilbert J. Nadeau Jr. Robert W. Nolting Alice C. Oliff Edward O’Neill Hon. William D. Palmer Deborah A. Posin Carla B. Rabinowitz Robert L. Raskopf* Dennis M. Reznick Sander A. Rikleen Janet Roberts Gerald J. Robinson Regina S. Rockefeller Douglas R. Ross Judith Scolnick* Marianne D. Short Russell R. Sicard David M. Siegel Susan R. Sneider* David M. Solomon Mark Stoler David A. Strumwasser Patrick A. Tanigawa Willie C. Thompson, Jr. Thomas J. Grady Robert A. O’Neil, Co-chair Robert A. O’Neil Katherine Litman Cohen Joseph W. Tierney* R. Raymond Greco William T. Sherry Jr., W. James O’Neill Hon. Thomas A. Connors Dolph J. Vanderpol Hugo A. Hilgendorff* Co-chair Jon S. Oxman Frederick J. Coolbroth Alan Weinberg Richard A. Howard John H. Appleton Robert E. Piper Kathy Bourne Cowley Lucy W. West R. Jerome Jabbour Hon. Raymond J. Brassard* Richard B. Polivy John S. Donahue Mark D. Wincek Thomas C. Jorling Lawrence H. Brenner* John B. Pound* Jack A. Donenfeld Jerold Lorin Zaro John W. Kaufmann Hon. James J. Brown Robert C. Prensner Daniel Engelstein Eliot Zuckerman John W. Kershaw Glendon J. Buscher Jr. James J. Purcell* Juliet Ann Eurich George B. Leahey George H. Butler Howard A. Reynolds Robert S. Farrington* 1981 Thomas M. Marquet Edwin R. Chyten John C. Rosengren Sara Harmon CLASS GIFT TOTAL: Arthur D. Mason Christopher F. Connolly Robert W. Russell* Vicki L. Hawkins-Jones* $431,225 Lawrence A. Maxham John P. Courtney Susan J. Sandler Mary J. Healey PARTICIPATION: Matthew J. McDonnell* Ellen R. Delany* Richard E. Simms Richard P. Healey 32% Hon. John K. McGuirk, JSC David A.T. Donohue Judith Soltz Howard Heiss John D. Donovan Jr., Co-chair L. Deckle McLean Seth H. Emmer John R. Souza Robert B. Hoffman Ann L. Palmieri, Co-chair Kevin F. Moloney Jason R. Felton* Hon. Francis X. Spina* David A. Howard Christopher B. Andrews Donald W. Northrup Walter J. Fisher Mark Stone* Thomas P. Jalkut Nelson G. Apjohn* Robert G. Parks John R. Fornaciari Maurice H. Sullivan Jr. Michael D. Jones* Kenneth M. Bello Edward F. Piazza John J. Gillies Joseph R. Tafelski Senator John F. Kerry Charles S. Belsky M. Frederick Pritzker Paul G. Gitlin Marcia McCabe Wilbur William D. Kirchick* Bradford S. Breen Dennis J. Roberts* Barry A. Guryan* Judith Koch Wyman James J. Klopper Peter R. Brown* Joseph F. Ryan Charles J. Hely Roberta S. Kuriloff Janet E. Butler James N. Schmit Robert E. Hughes Jr.* 1976 Marion K. Littman John M. Carroll Andrew F. Shea John M. Hurley Jr. CLASS GIFT TOTAL: Deborah M. Lodge Robert C. Chamberlain Robert M. Silva William H. Ise $339,925 Robert P. Lombardi John Gilmore Childers C. Charles Smith Robert L. James PARTICIPATION: 35% Peter S. Maher Christine C. Ciotti M. Stanley Snowman John B. Johnson Kirk T. Ah Tye Leonard B. Mandell Robert L. Ciotti Thomas F. Sullivan Jr. Stuart A. Kaufman Jose R. Allen Daniel P. Matthews Richard G. Convicer Gerald P. Tishler Clayton B. Kimball Robert Angel Joanne E. Mattiace Donald D. Cooper* Bruce G. Tucker* Mark Leddy* Michael J. Berey Joyce E. McCourt Capt. Mark D. Cremin Robert W. Welch William M. Leonard Mark N. Berman Thomas P. McCue Emmanuel E. Crespo Barrie N. Levine Kenneth G. Bouchard Karen Fisher McGee Arthur Boniface Crozier Jr. 1971 Aaron A. Lipsky William F. Bowler Laurie A. McKeown John J. Cunningham Jr. CLASS GIFT TOTAL: Gerald F. Lucey Helen P. Brown Judith Mizner James L. Dahlberg $185,868 Thomas F. Maffei* Roger J. Brunelle Denise Corinne Moore* Mary K. Denevi PARTICIPATION: 34% Robert F. McLaughlin* Laurie Burt Paul D. Moore Deirdre E. Donahue Robert M. Bloom, Co-chair Robert A. Mello Eugene Chow Thomas Hugh Mug Christopher J. Donovan* Edward R. Leahy, Co-chair Daniel J. Morrissey Jr. Hon. Denis P. Cohen Richard Murphy Mark W. Dost

* denotes member of the Reunion Committee / traveled the farthest, came from Hong Kong

46 BC LAW MAGAZINE | SPRING / SUMMER 2007 [ R EUNION REPORT]

Clover M. Drinkwater 1986 Joseph P. Sontich Dr. Maryann Civitello* Steven S. Locke* Thomas Joseph Driscoll CLASS GIFT TOTAL: Michael P. Sorenson Brian R. Connors Chih-Pin Lu David W. Ellis* $30,321 Howard J. Stanislawski Lisa C. Copenhaver Kelly W. MacHenry Bill R. Fenstemaker PARTICIPATION: 27% Anne Marie Tippett Jay F. Cortellini Sally Malave R. Alan Fryer Jonathan B. Abram Warren E. Tolman Stephen James Curley Karen G. Malm Donald S. Gershman Juan Manuel Acosta Mary Elizabeth Van Dyck* Maureen E. Curran* Mark P. McAuliffe Richard J. Gianino Tammy L. Arcuri Witold J. Walczak David Elkins Eileen M. McGettigan Deborah J. Goddard Therese Azcue Patricia A. Welch Robert D. Emerson Matthew L. McGinnis* Charles J. Greaves Susan L. Beaumont Kevin S. Wrege Scott Michael Farley Daniel P. McKiernan* Bernard W. Greene* Alexander T. Bok Marcia Belmonte Young Charles Fayerweather Greg S. McLaughlin Kathryn D. Haslanger Joanne E. Caruso Mark E. Young Liam C. Floyd Mary Cecelia Mitchell George B. Henderson II Antonio D. Castro Karen Gillis Zawislak Diane Cabo Freniere Leslie Y. Moeller Edward T. Hinchey Scott P. Consoli Anthony L. Galvagna Donna F. Mussio Linda J. Hoard* Robert P. Coyne 1991 Andrew Mark Goldberg Robert M. O’Connell Jr. Joseph Thomas Hobson Eric D. Daniels CLASS GIFT TOTAL: Joan Rachel Goldfarb Laurie A. Owen Ronna D. Howard Nancy Mammel Davids $28,700 Miranda Pickells Gooding Mary Clements Pajak Warren J. Hurwitz Donald Faulkner Dickey PARTICIPATION: 23% Allan M. Green Mark D. Robins John G. Igoe Thomas H. Durkin Erin Higgins, Chair Rosemary Crowley Hallahan Douglas B. Rosner Christopher P. Kauders* Kristin Dorney Foley Denise Ann Ackerman Lisa Marie Harris Dr. Noah Daniel Sabin Jeffery L. Keffer Daniel O. Gaquin Linda Aldon John E. Henry Catherine Sinnott Gary E. Kilpatrick Lisa Sullivan Gaquin Margaret R. Appicelli Douglas Hiroshi Inouye Leonard L. Spada* Peter Y. Lee Suzanne Worrell Gemma Margaret McLean Barcomb Judith Ilene Jacobs Carolyn P. Stennett Sarah Salter Levy* Reginald J. Ghiden Ian W. Barringer Jayson Jarushewsky* Kayser Oskar Sume James Michael Liston William Ryan Hart Jr. David L. Batty Jonathan J. Kane Michael A. Tesner Francis Matthew Lynch Christopher P. Harvey Marlissa Shea Briggett Arlene L. Kasarjian Stephanie D. Thompson Steven G. Madison Annamarie DiBartolo Michael K. Callan* John Webster Kilborn William John Thompson* Jonathan Margolis Haught Christopher Caperton Rebecca Anne Kirch* Katherine Topulos Joseph A. Martignetti An-Ping Hsieh Erin Theresa Cashman Michael W. Klein Gina Witalec Verdi James P. Maxwell Tracey D. Hughes Caroline O. Chamberlain Carol Radack Lev Aaron Charles von Staats* Scott F. McDermott* Cid H. Inouye Socheat Chea Jennifer Locke Michael J. Waxman Lisa A. Melnick Susan M. Jeghelian Sara Johnson Meyers Walter J. Jenkins III Joseph E. Mitchell Peter R. Johnson Anthony M. Moccia Elizabeth C. Kelley Marcia Hennelly Moran Michael Frederick Klein Kevin R. Moshier James Arthur Kobe Elizabeth R. Moynihan Donald Lee Lavi George W. Mykulak* Robert D. Leikind Elaine Kilburn Nichols Lloyd S. Levenson Harry O’Mealia III* Amantino J. Lopes Barry J. Palmer R. Wardell Loveland John M. Pereira Emmett Eugene Lyne Mark C. Perlberg William M. Mandell Thomas A. Potter William F. Martin Jr. Harriet T. Reynolds* Hugh G. McCrory Jr. Thomas M. Rickart Ann L. Milner* Richard D. Rochford Dina J. Moskowitz Robert M. Schlein* Alice G. Mutrie Catherine F. Shortsleeve Bernard T. Neuner III Ingrid E. Slezak Mariclare Foster-O’Neal Adelbert L. Spitzer III* Ellen K. Park Sherman H. Starr Jr. Leslie A. Parsons Eric L. Stern Susan Perdomo Barbara D. Sullivan Blankenship* John A. Tarantino Mary A. Rathmann Anne B. Terhune Richard G. Rathmann Claire-Frances Umanzio John W. Sagaser Eric H. Weisblatt Kurt N. Schwartz Christopher Weld Jr. Brian D. Shonk Daniel E. Wright Diane L. Silver Diane Young-Spitzer* Lisa A. Sinclair Leonard F. Zandrow Jr. Frank S. Son

* denotes member of the Reunion Committee

SPRING / SUMMER 2007 | BC LAW MAGAZINE 47 [ R EUNION REPORT]

1996 Robin M. Fields Erin L. Sibley Frances L. Felice Brennan McDonough CLASS GIFT TOTAL: Robert Shear Fletcher Jill E. O’Connor Shugrue Paul F. Fitzpatrick Marguerite Marie Mitchell $70,070 Dennis J. Haley Jr. Emily E. Smith-Lee Dana L. Foster Brian W. Monnich PARTICIPATION: 20% Thomas Earl Hanson Jr. William Harold Stassen John Arthur Foust Christopher M. Morrison* Thomas R. Burton III, Amanda D. Haverstick Anita Marie Stetson Samantha Gerlovin Timothy Mossop Co-chair Robert Evan Hochstein Alice B. Taylor David J. Gerwatowski Karen Smith Mullen Fiona Trevelyan, Co-chair Arnold Welles Hunnewell Jr. Jennifer McCoid Thompson Dana M. Gordon Kurt Michael Mullen Andrew M. Apfelberg* John David Kelley Daniel Bradley Trinkle* Kevin Granahan Cameron A. Myler David S. Bakst Kenneth Robert Lepage David Francis Whelton Timothy W. Gray Bryan A. Nickels Paul N. Bell Raphael Licht Odette A. Williamson Lonnie J. Halpern Donna Jalbert Patalano Danielle Salvucci Black Thia E. Longhi Robert Harrison III* Amy K. Rindskopf* Andrew Peter Borggaard* William Joseph Lundregan 2001 Carol E. Head Matthew M. Robbins Jennifer M. Borggaard* Thomas Patrick Lynch CLASS GIFT TOTAL: Rebecca Houghton Jessica Rodger Christine Kelley Bush Stephanie H. Massey $17,140 Andrew Kevin Hughes Jan Robin Rohlicek Anna C. Caspersen* Michael Edward Mone Jr.* PARTICIPATION: 20% Frances M. Impellizzeri Laura J. Rowley Christina Lyons Cerrito Jeffrey Charles Morgan Thomas E. Gaynor, Chair Nancy Johnsen Brad K. Schwartz Christopher M. Cerrito Kate Moriarty Erik M. Andersen Erin M. Kelly Evan J. Shenkman Laurie Aurelia Cerveny Thomas Mullaney Tara Auciello Elaine S. Kim Stacy Jane Silveira Edward Shieh Cheng John Charles O’Connor Jacob K. Baron Eben A. Krim Amy B. Snyder Timothy G. Cross Tena Zara B. Robinson Brandon L. Bigelow* Lawrence S. Ma Erica Templeton Spencer Albert Andrew Dahlberg Lisa Allen Rockett Elijah E. Cocks Megan O’Keefe Manzo Joseph C. Zucchero Cece Cassandra Davenport Stephanie Vaughn Rosseau Robert V. Donahoe Michael A. Marciano Yaron Dori Kristen Schuler Scammon Elizabeth Duncan-Gilmour Michael T. Marcucci* Michelle Nadia Farkas Jessica Singal Shapiro Cara Anne Fauci Rosemary E. McCormack

* denotes member of the Reunion Committee

48 BC LAW MAGAZINE | SPRING / SUMMER 2007 Excellence in education Faculty research Accessible education for all The Jesuit ideal of educating the whole person Public service

~ THIS IS WHAT MATTERED TO FATHER DRINAN

THE LAW SCHOOL FUND SUPPORTS THESE ENDEAVORS. Please make a gift to the Law School Fund in honor of Father Drinan.

Gifts in honor of Father Drinan will be so designated in the next annual Report on Giving. You may make your gift online at www.bc.edu/lawschoolfund (designating your gift to the Law School Fund in the drop- down menu and indicating that it is in honor of Father Drinan) or by mailing a check to Boston College Law School.

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