BC Law Magazine Winter 2020

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Boston College Law School Magazine

Winter 1-1-2020

BC Law Magazine Winter 2020

Boston College Law School

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LAWMAKING Broken

BOSTON COLLEGE Pledges LAW SCHOOL MAGAZINE Attorney WINTER 2020 Campaigns BC.EDU/BCLAWMAGAZINE Against College Hazing

GREAT CASE War Crimes The Prosecutor Who Vanquished a Monster

HISTORY Black Power Pre-War Slaves’ Legal Savvy Revealed DURING THE METEORIC RISE OF PELOTON, HISAO KUSHI ’92 HAS BEEN THE EXERCISE DISRUPTER’S ZEN-LIKE CO-FOUNDER AND GENERAL COUNSEL— A FUNNY, BRILLIANT MASTER OF CALM BC Law Magazine

THE MAKING OF AN ADVOCATE

Caroline Reilly ’19 has been a fierce proponent of women’s reproductive rights. For her final semester, she did an independent study on women’s health that she later adapted for an article in Teen Vogue, creating quite a buzz. Page 8

Photograph by WEBB CHAPPELL Contents WINTER 2020 VOLUME 28 / NUMBER 1

Clockwise, from top left, three generations of the Warner family; James Dowden ’00 discusses his career; scientist Features Su Kyung Suh ’20 adds law to her creden- 36 tials; the need for equity in tax policy.

12 20 Easy Rider During the meteoric rise of Peloton, Hisao Kushi ’92 has been the exercise disrupter’s zen-like co-founder—a funny, brilliant master of calm. 18 By Elizabeth Gehrman

26 The Mighty Weight of Atrocity It fell to Dermot Groome ’85 to hoist the load of Ratko Mladić’s cruelty onto the bench of justice at the International Criminal 16 Tribunal for the Former Yugoslavia. It was a gruesome task. But he was the perfect man to do it. Foremost 8 Impact Independent study Esquire By Jeri Zeder 2 In Limine From the Editor. brings self knowledge and 36 Generations Three genera- public awareness. tions of the Warners. 3 For the Record 32 Updates and contributors. 10 Brainstorm 37 Class Notes I Am Why Dean Vincent Rougeau and Young women who’ve 4 Behind the Columns Martha Jones. 42 Alumni News endured the failings of the Cultivating the ability to David Bianchi ’79 takes juvenile justice system listen to others. 12 In the Field his fight against hazing find their power in a By Dean Vincent Rougeau James Dowden ’00, Robin from the court house to the new advocacy group that Pearson ’89, and four other state house. believes they are the true alumni on the job. agents of change. As one Docket 44 Click Reunion Weekend. of these new activists 6 In Brief The second annual 14 Faculty Scholarship puts it: “I am why we will International IP Summit Professor Katharine Young 46 Advancing Excellence no longer be invisible.” at BC Law; panels and offers a novel way to bring By David Reich & Vicki Sanders visiting thought leaders parties together. 48 The 2019 Reunion enliven Rappaport events; Giving Report On the Cover Peloton’s Co- Alexis Anderson’s legacy; 16 Candid Su Kyung Suh ’20 . founder and Chief Legal Officer newsmakers and prizewin- 52 In Closing What’s next in Hisao Kushi ’92 was photographed at the company’s New York office. ners; PILF by-the-numbers; 18 Evidence Tax policy needs a the world of work? Photograph by Joshua Dalsimer Around the Academy. fix in favor of equality. By Professor Thomas C. Kohler

Photographs, clockwise from top left, WEBB CHAPPELL; JARED CHARNEY; DIANA LEVINE; illustration, PIETARI POSTI Winter 2020 BC LAW MAGAZINE 1 IN LIMINE Foremost

In this age of uncommon indecency, that and under emphasis on equity. A graphic rep- Upholding the noble idea has suddenly become a very tall resentation of Repetti’s findings is on page 18. Law of the Land order. America has been under siege before, Florida attorney David Bianchi ’79 has of course. This time, democracy itself seems represented families devasted by the deaths of One thing that can be said about the threatened by a surprising foe: the body poli- sons from college hazing rituals. Not content Boston College Law School com- tic within. The structure that sustains the to leave the matter in court, he headed to the munity is that no two of its members nation—what had seemed a sturdy-timbered legislature to change state law (page 42). Pro- are alike. Their personalities, perspectives, constitution with its freedoms, rights, and fessor Francine Sherman ’80, who has spent and strengths are dizzyingly diverse. And yet? balance of powers—is now being splintered her career on juvenile rights matters, has And yet, most share a common belief: They by partisanship, greed, and propaganda. started an advocacy group for system-involved were put on this planet to make a positive All of which leaves those sworn to uphold young women that empowers them to become impact and to leave the world a more compas- the law of the land asking: What now? activists on their own behalf (page 34). sionate and law-abiding place. Fortunately, as our governing document Dermot Groome ’85 has taken his battle dictates, many among us already are well to different front, one with implications for positioned to “establish Justice, insure do- justice on a global scale—and, on a micro level, mestic Tranquility, provide for the common for America’s soul. Not only has he served as defense, promote the general Welfare, and senior prosecutor in eight trials at the Inter- secure the Blessing of Liberty to ourselves national Criminal Tribunal for the Former and our Posterity.” Yugoslavia, he also wrote the book on investi- Here are some examples. gating human rights abuses. The newest weapon in tax professor James In the article on page 26 about his handling Repetti’s arsenal to safeguard the general of the trial of Ratko Mladić, Groome holds up welfare is a law review article packed with a mirror for America to view the bitter end of empirical evidence showing how our culture, bigotry and hate. It is not a pretty picture.

politics, and economy are suffering from sus- VICKI SANDERS, Editor tained tax policy overemphasis on efficiency [email protected]

CONNECT

Update your contact information See what colleagues are doing profes- Reunion Committees The most Judging Oral Advocacy Com- fund provide immediate financial to stay in touch with BC Law. To sionally, read about the latest events, successful reunions result when petitions Hundreds of students support for many of BC Law’s most learn of ways to help build our build your network, track classmates’ engaged volunteers serve on their participate in four in-house competi- important needs. Key funding priorities community, volunteer, or support achievements, and publish your own. Reunion Committee. Committees tions: Negotiations (fall), Client have included financial aid, public inter- the school, contact BC Law’s Join at linkedin.com/school/boston- begin forming the winter prior to Counseling (fall), Mock Trial (spring), est summer stipends, post-graduate advancement office: college-law-school. reunion weekend, and members and Moot Court (spring). Alumni fellowships, and faculty research grants. spend about two hours per month from all career areas are needed to Maria Tringale BC Law Magazine The alumni on committee work. judge these competitions. Dean’s Council Giving Societies Director of Development magazine is published twice a year, In appreciation for leadership-level Email: [email protected] in January and June. Contact editor Ambassador Program Law firm gifts, members receive invitations to Call: 617-552-4751 Vicki Sanders at [email protected] ambassadors promote engagement INVEST IN OUR FUTURE special receptions and events and or 617-552-2873 for printed editions with and giving to BC Law among enjoy membership in comparable Kelsey Brogna or to share news items, press releases, alumni at firms with a BC Law pres- Advancing Excellence When you University-wide societies. To learn Associate Director, Alumni Class letters to the editor, or class notes. ence. The volunteers provide the give to BC Law, you have a meaning- more, visit bc.edu/lawgivingsocieties. and School Engagement Law School with perspective on the ful impact on our entire community. Email: [email protected] Regional Chapters & Affinity legal industry, mentor and recruit stu- Your gifts sustain everything from Drinan Society This society rec- Call: 617-552-8524 Groups Alumni gather to socialize, dents, and partner with advancement scholarships that attract and retain ognizes loyal donors. Drinan Society Visit: bc.edu/lawalumni network, and stay connected. Our to strengthen the alumni community. talented students to faculty research members have given to BC Law for newest group, Graduates Of the Last grants that keep BC Law at the two or more consecutive years, and To Make a Gift Decade (GOLD), fosters community forefront of scholarship. sustaining members have given for Email: [email protected] among recent graduates. Contact us CONNECT WITH STUDENTS five or more consecutive years. The Call: 617-552-0054 to start or join a chapter or affinity Named Scholarships Student society is named for Robert F. Drinan, Visit: bc.edu/givelaw group, or to help organize an event. Mentoring Program The 1L Mentor scholars are selected each academic SJ, who served as dean of BC Law, Program matches students with year based on a number of factors, 1956 to 1970. Class Agents Agents are intermedi- alumni in the city where they want such as leadership, financial need, BUILD OUR ALUMNI COMMUNITY aries between the school and alumni to live and in the practice area they academic excellence, and public Alumni Association Dues Pro- and keep classmates informed, en- are considering. Mentors serve as service achievements. gram Dues exclusively fund alumni Online Community BC Law’s gaged, and invested in BC Law’s future informal advisors between students’ activities and events. Support the LinkedIn page is a useful resource. success in between reunion years. first- and second-year summers. Law School Fund Gifts to the annual program by visiting bc.edu/lawdues.

2 BC LAW MAGAZINE Winter 2020 Editor photograph by DIANA LEVINE FOR THE RECORD

We’d like to hear from you. Send your letters to  BC Law Magazine, 885 Centre St., Newton, MA 02459-1163, or email to [email protected]. Please include your address, email, and phone number.

WINTER 2020 VOLUME 28 / NUMBER 1 turned out to be a crucial family connec- its knees and shamed the Spanish Navy

DEAN tion between a policeman and a witness. (“The Remarkable, Heroin-Laced, High- Vincent Rougeau She also pinpointed a convicted felon, Seas, Cartel-Sniffing Takedown,” Winter who, when questioned in his prison’s vis- 2019), has been awarded the Thomas E. EDITOR iting room by her and Professor Charlotte Dewey Medal by the New York City Bar. Vicki Sanders [email protected] Whitmore, confessed to the murder. As a Manhattan Assistant District For her efforts, Rossman in October Attorney assigned to the Office of the CREATIVE DIRECTOR received the Massachusetts Supreme Special Narcotics Prosecutor for the City Robert F. Parsons Judicial Court’s student Adams Pro Bono of New York, Torres drew upon his Span- SEVEN ELM sevenelm.com Publico Award. ish fluency and experience as a former “The Adams Pro Bono award is USAID worker in Colombia to become a CONTRIBUTING EDITOR meaningful to me because it celebrates pivotal figure in the multi-year operation. Deborah J. Wakefield Kudos for a Tenacious Justice-Seeker lawyers who demonstrate that pro bono The case began to crack open when two CONTRIBUTING WRITERS When Christopher “Omar” Martinez work should not be viewed as a basic men, later identified as Spanish sailors Andrew Faught walked out of a Massachusetts court- requirement,” said Rossman, currently from the ship Juan-Sebastián Elcano, Elizabeth Gehrman house last spring as a free man after near- a legal fellow and staff counsel at the were spotted at a stakeout in the Bronx. Brett Gannon ’21 ly twenty years in prison for a murder he Committee for Pubic Services Innocence The Dewey Award, named for the Timothy Hartwell ’20 didn’t commit, Lauren Rossman ’19, Program, “but rather as a rewarding and famous 1930s prosecutor (and later Chad Konecky a student member of the BC Law In- self-imposed obligation that fulfills our New York governor) who went head- Jaegun Lee ’20 Margie Palladino ’85 nocence Program team who’d worked so purpose as human beings.” to-head with gangsters, bootleggers, David Reich hard for that outcome, was elated (“The and organized crime figures of the day, Stephanie Schorow Innocence Whisperers,” Summer 2019). A Prosecutor’s Patience Pays Off is presented annually “to outstanding Maura King Scully Rossman had spent two years re- Andres Torres ’08, whose masterful assistant district attorneys” in New York. Clea Simon searching Martinez’s case. She was the investigative work and lawyering helped “I’m humbled and grateful to be selected,” Jane Whitehead dogged fact-finder who discovered what bring an international drug operation to said Torres. “It’s a true honor.” Katharine Whittemore Jeri Zeder

CONTRIBUTING ARTISTS CONTRIBUTORS Jared Charney Webb Chappell Caitlin Cunningham Joshua Dalsimer Daniel Hertzberg Diana Levine Kagan McLeod Pietari Posti Reba Saldanha Francine Sherman Jacob Silberberg ’12 Christopher Soldt

PRINTING Lane Press Boston College Law School of Newton, Elizabeth Gehrman Webb Chappell Kagan McLeod Jeri Zeder Massachusetts 02459-1163, publishes BC Law Magazine two times a year: WRITER Gehrman’s work has PHOTOGRAPHER From portraits ILLUSTRATOR The Toronto artist’s WRITER Zeder is a Boston-area in January and June. BC Law Magazine appeared in the Boston Globe of sharks, turtles, and moray eels work has appeared in the Washing- freelance writer whose work has is printed by Lane Press in Burlington, Magazine, Archaeology, and New made diving at the New England ton Post, GQ, Sports Illustrated, and appeared in the Boston Globe, VT. We welcome readers’ comments. Contact us by phone at 617-552-2873; York Times. Rare Birds is her 2012 Aquarium over twenty years ago, Entertainment Weekly. McLeod the Forward, and various alumni by mail at Boston College Law biography of ornithologist David Chappell has breathed air on the began his career as a staff artist at a magazines on topics ranging from School Magazine, 885 Centre Street, Wingate. By coincidence, Geh- land as a Boston photographer Canadian newspaper and has been international trade to human rights Newton, MA 02459-1163; or by email at [email protected]. Copyright rman profiled Michio Kushi, father ever since. He loves his job for freelancing for fifteen years. His to criminal justice reform. For this © 2020, Boston College Law School. of Hisao Kushi (page 20), in 2008, shoots like the one he did at BC instructional drawing book, Draw issue, Zeder interviewed Dermot All publication rights reserved. for his work bringing macrobiotics Law of five members of the Warner People Every Day, was published in Groome ’85 (page 26), the lead Opinions expressed in BC Law to the US. “Not everyone you write clan gathered around a portrait of June by Penguin Random House. prosecutor in the trial of Serbian Magazine do not necessarily reflect the views of Boston College Law about leaves a mark,” she says, “but their patriarch (page 36), and of re- Of his portrait of Professor Katha- war criminal Ratko Mladić, and School or Boston College. I vividly remember Michio Kushi. cent grad Caroline Reilly ’19 (page rine Young (page 14), he says: “I al- several of his colleagues, and was When I was assigned to write about 8). Chappell makes pictures for ways jump at portrait assignments, reminded, once again, of the good Hisao, I thought the odds were editorial, corporate, and nonprofit with the aim of getting a good that lawyers can do when they pretty low that they were related, clients, including the Boston Globe, balance of realism and sophistica- bring the best of their intelligence, but it turned out Michio’s youngest Guardian, This Old House, MIT, tion, with energy and abstract their skills, and themselves to the

GEHRMAN: INGRID SKOUSGARD; MCLEOD: GEOFF FITZGERALD GEOFF MCLEOD: GEHRMAN: INGRID SKOUSGARD; son is every bit as interesting.” and Raytheon. brush strokes to keep it fresh.” cause of justice.

Winter 2020 BC LAW MAGAZINE 3 BEHIND THE COLUMNS Foremost “Anger is a powerful emotion, but when it festers, it tends to be destructive. I do get angry, but I find it best to let my anger cool. It is then that I can focus on what truly needs to happen to move our society away from racism and oppression, and toward justice.” DEAN VINCENT ROUGEAU

they were forced to wait while the payroll clerk made sure every white employee at the refinery had first received their pay. Then, and only then, would my grandfather and great uncle be paid. This often meant that they spent the entire day waiting at the office, losing a day’s work so that the white people around them could enjoy a visible reminder of white supremacy in action. My grandfather and his brother had no real recourse for protesting their treatment. They maintained their dignity through silence and in the knowledge that with their wages, they would ultimately build a better life for themselves and their families. We have been spending a lot time recently discuss- ing the importance of diversity and inclusion for BC Law, and for the future of our profession. For me, what drives our need to act is the quiet witness of people like my grandfather and great uncle, whose stories are part of certain uncomfortable truths about American history. As an institution committed to a conception of justice rooted in a belief that all human beings are made in God’s image, BC Law has a responsibility to think rigorously about what we owe one another in the pursuit of a just society. We cannot do this if some voices are suppressed or excluded, or if difficult histories are ignored. Diversity and inclusion are often attacked as “politi- The Lessons of Quiet Witness cal correctness,” or the fuel for national division and Cultivating the ability to listen to others. BY DEAN VINCENT ROUGEAU decline. Those views are both simplistic and myopic. It is indeed true that we have entered a moment in history Recently, I was asked to facilitate a conversation at a church in my in which tribal, identity-based nationalism is again neighborhood as part of a series on the “Roots of Racism.” Eighty ascendant. We must do everything we can to make the people gathered on a Saturday morning for what turned out to be legal profession a place where people of all backgrounds a three-hour conversation. About half way through, I was asked, can participate in the work of justice. This means culti- “In your private moments, what makes you most angry about rac- vating an ability to listen to how other people experience the world, and a willingness to reflect critically about ism and racial injustice?” ¶ That was a hard question, primar- shameful aspects of our shared past. ily because there are many examples I could have offered. What I Anger is a powerful emotion, but when it festers, it shared in that moment was my anger at how racism has led to the tends to be destructive. I do get angry, but I find it best to loss of so much human potential in this country. ¶ This brought to let my anger cool. It is then that I can focus on what truly mind a story one of my cousins told me about my grandfather and needs to happen to move our society away from racism her father, my grandfather’s brother. Working as laborers at an oil and oppression, and toward justice. At BC Law this work is at the heart of our mission, binding a diverse commu- refinery in south Louisiana in the 1950s, they often were routinely nity of people with many perspectives who are “passion- subjected to simple, but brutal, public acts of humiliation to remind ate about the dignity of the human person, the advance- them of their place. When they collected their checks on payday, ment of the common good, and compassion for the poor.”

4 BC LAW MAGAZINE Winter 2020 Photograph by SUZI CAMARATA Campus News and Events of Note

IN BRIEF 6 IMPACT 8 BRAINSTORM 10 IN THE FIELD 12 FACULTY SCHOLARSHIP 14 CANDID 16 EVIDENCE 18

DICTIONARIES AND THE LAW

Bryan Garner, editor-in-chief of Black’s Law Dictionary, spoke last fall at BC Law on “Dictionaries and the Law.” His presentation to the Legal History Roundtable took place in the Daniel R. Coquillette Rare Book Room, where an exhibit for which Garner had loaned three books was on display. Curated by Laurel Davis, the show explored Black’s Law Dictionary’s rich ancestry, reaching back centuries beyond its first printing in 1891.

To view the “Dictionaries and the Law” catalog, visit tinyurl.com/bclawdictionary. Winter 2020 BC LAW MAGAZINE 5 DOCKET In Brief

IP and China: How Does that Work? Keynote speaker suggests long-

term strategies and cooperation, International not conflict, at international IP Summit keynote speaker intellectual property summit. Yasheng Huang BY CLEA SIMON

At the second annual International IP Summit at BC Law, “substantial long-term damaging impact BY THE NUMBERS which focused this year on China, keynote speaker Yasheng on both countries,” he said. “The US needs Huang said that evaluating intellectual property rights in laws a smarter way of dealing with the chal- The latest in BC Law’s and enforcement in China requires an understanding of Chinese history lenge of China.” Huang suggested a long- rankings in 2019. and culture. Historically, “the very idea of rights did not exist in the term strategy to separate out and negotiate Chinese political culture,” Huang explained. “So how do you establish a the various issues. No. subset of rights, such as property rights and IP?” Not everyone at the conference agreed. A following panel on US/China IP and 7 The Epoch Foundation Professor of International Management at Best Professors the MIT Sloan School of Management, Huang spoke on the first day Trade Policy Trends featured a sometimes No.10 Best Quality of Life of the two-day conference October 17-18, which was sponsored by BC spirited debate about confrontation versus —Princeton Review Law’s Program on Innovation and Entrepreneurship (PIE), Ropes & collaboration in dealing with IP issues in Gray, and the Boston Patent Law Association. It drew a large gathering China. Other panels discussed brand rights No. of international legal, business, and government experts. and acquisitions, including the sticky prob- Huang made a case that cooperation, not conflict, is the key to the lems of copyright and trademark enforce- 2 future of a global marketplace. When working with China, that means ment; trade policy reforms and trends; 10 Law Schools That Pay Off —US News & World Report looking past the current trade war to understand the rapidly evolving developments in cross-border IP protec- regulatory, intellectual property, and privacy landscape in its burgeon- tion; and the regulatory landscape for life ing economy. A trade war harms both the US and China and will have sciences in China, among other topics. No. 10 Top in Tax TRIBUTE —Tax Talent

ALEXIS ANDERSON’S No. LEGACY

“It is impossible to overstate the impact 20 that Alexis had on generations of BC Top Law Reviews Law students, as well as on faculty, staff, —Washington & Lee and members of the local community. She had a brilliant legal mind, but perhaps her greatest gift was her ability to see the human side of the law, and to operate with the highest professional and ethical standards while treating every living soul she encountered with kindness and empathy.” —Dean Vincent Rougeau on the beloved professor’s passing last fall. (Read more BC Law hosts many at BC Law Magazine online). dynamic speakers and academic conferences each semester. For full coverage, please see our online magazine at 6 BC LAW MAGAZINE Winter 2020 Huang photograph by GRETJEN HELENE PHOTOGRAPHY lawmagazine.bc.edu. EYES ON THE PRIZE

Below, clockwise from left, speakers at the Pot and Parity event; senior fellows Brittny Saunders, Zephyr Teachout, Lance Freeman.

1 2 3

1. Clinical Professor of justice for all.” Dean teaching residencies: New York City Human Bringing Policy Paul Tremblay Vincent Rougeau added: Rights Commission deputy commissioner A national leader in “Paul represents the to Life Brittny Saunders; Fordham Law School asso- clinical education, author, best of legal education, and beloved professor at particularly clinical Panels, visiting thought leaders enliven ciate professor and former candidate for New BC Law for thirty-eight education, by moving Rappaport events. York attorney general and governor Zephyr years, Paul Tremblay in seamlessly from high Teachout; and Columbia University Graduate January was awarded theory to on-the-ground the 2020 William Pincus application.” The Rappaport Center for Law and Public School of Architecture, Planning, and Pres- Award by the Clinical 2. Lauren Koster ’19 Policy continued its strong march through the ervation professor Lance Freeman. For the Section of the Associa- A former teacher who tion of American Law thicket of policymaking this past fall, drawing spring term, came to law school al- Schools (AALS). As ready focused on public hundreds to panels that dealt with race and the Rappaport noted in the nomina- service and education policy, the disparate impacts of urban planning, Center has tions: “Like the best policy, Koster was re- of superheroes, Paul’s and parity in the pot industry. returned to its cently awarded the 2020 quiet, modest demeanor Skadden Fellowship. The center also introduced a senior fel- semester-long hides great powers. But She will work with the lows program that brought three thought visitor pro- those powers are quickly Children’s Law Center of apparent to and have a leaders to campus for one-week lecture and gram, tapping Massachusetts starting powerful impact on stu- in August, following the former Mas- dents lucky enough to completion of her clerk- sachusetts have him as a supervisor, ship with Judge Paul colleagues who engage governor Jane Swift as the Barbadoro of the United him in discussions of States District Court Jerome Lyle Rappaport teaching, clients whose for the District of New Visiting Professor. She lives are improved Hampshire. presented a community by his advocacy, and lawyers, teachers, and 3. Zane Hernandez ’21 address in January on the judges who benefit Hernandez was named impact of new media on from the analytical rigor one of seven recipients women in political leader- and moral clarity of his of the 2020 Roscoe writings. The consistent Trimmier Jr. Diversity ship and is teaching a theme that runs through Scholarship presented seminar entitled “Govern- all of Paul’s work is de- annually by Ropes & ing in the Facebook Era: votion to ensuring that Gray. He is the third our legal system and BC Law student to be Privacy, Propaganda, and those working within so honored in the past Public Good.” it fulfill their promise four years.

AROUND THE ACADEMY

Luis Almagro John C. Demers Michael J. Gerhardt Joseph Kennedy III Deborah Goldberg ’83 The Organization of American The Assistant Attorney General The constitutional scholar who The Democratic Congressman In her October keynote at the States secretary general was one for National Security, speaking at a has twice appeared before Con- from Massachusetts visited BC Law Ninth Annual Conference on of two speakers at Clough Center PIE event, labeled China the num- gress as an expert on impeachment twice last semester, the first time Employee Benefits and Social for the Study of Constitutional ber one, nation-state intellectual (Clinton in 1998, Trump in 2019), to speak on criminal justice reform, Insurance, the Massachusetts Democracy events last fall. Al- property threat. He leads the AG’s spoke at BC Law shortly before his reducing recidivism, and stream- State Treasurer said she is focused magro warned that free gover- China Initiative, which counters December congressional appear- lining the delivery of resources to on economic security and stability nance “needs protecting from the crimes like economic espionage ance, and is scheduled to return the formerly incarcerated. The for everyone in Massachusetts. powerful forces that would destroy and trade-secret theft. He called to campus later this semester. He second time, he discussed his Priorities include improving public it.” Mary Ellen O’Connell the country’s goals—the develop- believes there are strong grounds work on the Congressional Trans employees’ retirement security sys- anchored a panel about themes in ment of high-speed rail, artificial for impeachment, including Equality Task Force, the Gay and tem, investing more in companies her new book, The Art of Law in intelligence, commercial airlines— misconduct concerning the next Trans Panic Defense Prohibition owned by women and minorities,

RAPPAPORT AND ALMAGRO: REBA SALDANHA; DEMERS: ROSE LINCOLN; KENNEDY: EVELYN JACKSON ’22 JACKSON EVELYN KENNEDY: LINCOLN; DEMERS: ROSE REBA SALDANHA; AND ALMAGRO: RAPPAPORT the International Community. “a guide to what they steal.” election, and obstruction. Act, and similar initiatives. and improving financial literacy.

Winter 2020 BC LAW MAGAZINE 7 DOCKET Impact Reilly, who had turned from journalism to law due to her passion for advocacy, was doing a 3L independent study on women’s health when her own medical issues jogged her memory and sent her on an unusual course. The Making of an Advocate Independent study brings self knowledge and public awareness. BY STEPHANIE SCHOROW

Ever since she was a teenager growing up north of Boston, Caroline Reilly ’19 has been a proponent of women’s reproductive rights. So it was logical that as a pioneering participant in the Law School’s new Leaders Entering and Advancing Public Service (LEAPS) program she would select a public interest project that focused on women’s health. What she didn’t expect was that a nearly forgotten incident decades earlier would drive her LEAPS research in an unexpected direction and result in a personal and authoritative magazine article in Teen Vogue. “What started out as a research project became, essentially, a practicum about the intersection of journalism, lawyering, and advocacy,” Reilly says. “The LEAPS course has reminded me that advocacy comes in many forms.” Reilly’s experience underscores the purpose of LEAPS: to provide opportunities for BC Law students to discover and develop their talents for advancing the public good through their chosen legal path. LEAPS students may take a leadership class, complete a summer public interest placement, or fulfill the fifty-hour pro bono pledge. They may also complete a capstone or similar- type project in their third year. Reilly, who had turned from journalism to law due to her passion for Caroline Reilly ’19 advocacy, jumped at the chance to do a LEAPS capstone on women’s health.

8 BC LAW MAGAZINE Winter 2020 Photograph by WEBB CHAPPELL BY THE NUMBERS

PILF POWER BC Law’s LEAPS program encom- passes the Public Interest Law Foundation (PILF), which finds all sorts of inventive ways to make a difference in communities near and That’s when her own medical is- ment, received hundreds of virginity. She’s been told that ra- far. Students, faculty, and alumni sues jogged her memory and sent replies and retweets. It turns out diologists are sharing the article, all get into the act. Here are some recent outcomes. her on an unusual course. her experience was not unique; and she hopes her research can In her first year of law school, many women were asked about be a catalyst for updating clinical Fall Days of Service Reilly found out that the excru- virginity in similar circum- standards. She has now signed ciating pain and cramps that she stances. Reilly now had a new with a New York literary agent had been experiencing since her idea for her LEAPS capstone: “I and will have a feature in the spring issue of Bitch Magazine. teenage years were the result of wanted to examine ideas about endometriosis. During one of her sexual purity and their impact on “Caroline took something that 167 Faculty and students participated many ultrasounds, she recalled medicine,” she said. at first appeared personal and dis- the time as a teenager when she Fellow LEAPS cohorts encour- covered that her experience was had gone to a hospital for an ultra- aged her; they helped her create a linked to a much broader context,” sound and was asked if she were Google Form survey for gathering says Associate Clinical Professor Seven Placements: Stray Pets in Need, a virgin; virgins could not have input from women. She reached Evangeline Sarda, faculty direc- Women’s Lunch Place, Y2Y Youth transvaginal ultrasounds, only ex- out to medical professionals for tor of LEAPS, who oversaw the Homeless Shelter, Allston Brighton Food Pantry, Charles River Cleanup, ternal ultrasounds, she was told. their reactions. Ultimately, using inaugural capstones. “Her project Cradle to Crayons, Friday Cafe Years later she realized how the her skills as an experienced free- was fortuitous, but also emblem- question was misguided (virginity lance writer (credits include the atic of the purpose of LEAPS—to PILF Internships is a social construct, not a physi- Washington Post, New Statesmen, discern the relatedness between cal state, she says), and potentially Vulture, and Rewire), she turned one’s internal and external life, something that harmed or at least the data collected into the Teen make links to a broader context, $69,520 shamed young women. Vogue article about the ramifica- and develop one’s purpose and Raised in FY19 from spring She casually tweeted about tions of asking young women leadership together to advance the auction proceeds, alumni her experience and, to her amaze- undergoing ultrasounds about public interest.” donations, and work-a-day pledges from upperclass students

Students Learn, Society Benefits 81 Students who received Caroline Reilly’s capstone project, described on this page, was one of four independent stud- looked at best practices on summer stipends ies produced last spring by third-year students in the LEAPS (Leaders Entering and Advanc- zoning and development ing Public Service) program at BC Law. Reilly’s topic, together with the other three summa- issues with Massachusetts rized here, exemplify the range of ways that the legal profession can serve the public interest. State Representative David 23,726.5 Biele ’09 and former Con- Hours of public interest law expended in US by those 81 students Project Title “Chang- ing by expanding county leadership and better support necticut Governor Dannel in legal services, nonprofits, public ing and Rehabilitating jail drug-assisted treatment student leaders while improv- Malloy ’80, who was in defense, prosecution, federal and state the Notion of Recovery programs and instituting a re- ing the efficacy of student residence at BC Law last judiciaries, and federal, state, and the Self-Image of a storative justice component organizations. spring as the Jerome Lyle and local governments Substance Abuser in the in drug courts. Rappaport Visiting Professor Criminal Justice System” Project Title “Finding a in Law and Public Policy. Toy Drive Students Benjamin Lee Project Title “Maximiz- Voice: Outsider Leader- McKinnon studied how and Rohin Ohri ing Law School Student ship in an Insider Com- those best practices might Lee is now employed at the Organizations” munity” be implemented as Biele led Massachusetts Division of Student Lauren Koster Student Brendan the community response to Administrative Law Appeals, Participation in student McKinnon a proposed redevelopment and Ohri is an assistant organizations is the lifeblood Motivated in part by the of the South Boston Edison 276 Children in foster care district attorney. Both of of student engagement at desire to remain in the Plant site. This included who received gifts them work with vulnerable BC Law, yet many students Boston area, McKinnon making site visits, organizing populations stuck in self- don’t get involved, losing looked at ways that “outsid- meetings between legislators destructive cyclical struggles. the chance to hone their ers” could become leaders on and developers, researching As students the pair leadership profile, values, local issues despite lacking zoning laws, drafting legisla- examined ways in which the and style. Koster studied a lifelong, or sometimes tion, and testifying before a legal system could address ways in which the Law School generations-long, presence joint committee in the Mas- the opioid epidemic, includ- could structure organization in the community. McKinnon sachusetts State House. —SS DOCKET Brainstorm

10 Q+A “The only reason citizenship emerges as a substantive question before the Civil War…is because WITH black Americans raise it. ...It is they who ask the question, ‘Aren’t we citizens of the United States?’” Martha MARTHA S. JONES, Society of Black Alumni Presidential Professor at Johns Hopkins Jones and DEAN MJ: Before I became a historian, ed to engage the government. slaves and free people of color, VINCENT ROUGEAU I had a first career as a public They needed to get involved in you have these immigrants interest lawyer, and I spent voting. They needed to engage coming in waves. They didn’t most of those ten years in lo- the courts. necessarily speak the same lan- cal courthouses representing Before Reconstruction fell guage. They practiced different ordinary people in housing, in apart, you see extraordinary religions. How did they fit into public benefits, and in family progress for black people in the body politic? matters. Oftentimes, the court the United States through As you were speaking, I was system treated those things as being elected to public offices, thinking about my own family’s if they were minor matters. purchasing land, doing all kinds history in Louisiana, which also But I knew not only their of things that would have been had a very large category of free import to my clients, but also, unthinkable prior to that point. people of color, some of whom ultimately, to big constitutional were released out of slavery, questions. MJ: The only reason citizenship some of whom came from other When I become a historian, emerges as a substantive ques- French and Spanish colonies that stayed with me, and I began tion before the Civil War, begin- where they had a different sta- to poke around in courthouse ning in the 1820s and coming tus, and so they were importing records from the nineteenth forward, is because black a status into American territory century to test, if you will, that Americans raise it. Because by that didn’t necessarily exist hypothesis. So in some ways the ’20s, there are important in American law. This was all this is very much a book that and robust African American churning in the nineteenth cen- is an homage to the people I communities. tury as we were moving towards worked with when I was in I study Baltimore, but we the Civil War. practice. At the same time, we could look at Philadelphia, we The fact that people are have come to exaggerate the could look at New Orleans, understanding the law as a Friends insights to be derived from we could look at Charleston, vehicle for possibly secur- a notorious Supreme Court Boston. In all these places, at ing a settled understanding of of the case, Dred Scott v. Sandford. I that time, African Americans their existence in this nation is believed that there was more to are meeting in conventions. really fascinating. It says how Court the story of race and citizenship They’re publishing newspapers important the rule of law is in How pre-Civil War blacks before the Civil War, before and tracts. It is they who ask the the minds of the culture and of used the rule of law. Reconstruction, in fact. question, “Aren’t we citizens the nation. ABRIDGED AND EDITED BY CLEA SIMON of the United States?” and they VR: Your findings demonstrate begin to read the Constitution, MJ: Dred Scott left us with the Who is an American citizen? that there was a recognition begin to push on legal culture impression that the color line That question was appar- that the law mattered and and challenge lawyers and was the line to draw in order to ently settled by the Fourteenth Amendment, which declared that it was a bedrock, unify- judges and treatise writers. analytically think through the birthright citizenship following ing aspect of what created the status of free people of color. the Civil War. But as Martha S. idea of being an American. As a VR: It is fascinating that the no- But it turns out, there was an Jones, Society of Black Alumni settler nation, as a place where tion of citizenship wasn’t really interest convergence in a local Presidential Professor at Johns people had come together from openly discussed in the earliest courthouse that meant that all Hopkins, wrote in her book Birthright Citizens (Cambridge all over the world for different stages of the republic. Instead, sorts of people on any given day University Press), African reasons, the unifying notion of the idea of who would be a could be interested in making Americans were battling for the Constitution, of the rule of citizen was assumed, because sure that free people of color their rights in the courts long law, was incredibly important. these were white male property enjoyed a modicum of rights. before. During a visit to BC It’s significant that it filtered owners who were having a con- They might rethink it in the Law, she sat down with Dean down to people who had been versation amongst themselves. next year or the next decade, Vincent Rougeau, who has long studied the rights and responsi- enslaved and were recently Then, of course, there were all but the folks I write about were bilities of citizenship, to discuss emancipated to the degree that of these other people to be con- exploiting every opening and this struggle. they recognized that they need- sidered. Not only do you have opportunity that they had.

Photograph by DIANA LEVINE; Illustration by STEVE SANFORD Winter 2020 BC LAW MAGAZINE 11 DOCKET In the Field POCKET RÉSUMÉ

James Dowden ’00 Partner, Ropes & Gray. Follow His Lead He was honored as a 2019 Trailblazer by the National Law Journal. Make His a Double Dowden is a Double Eagle who worked his way through law school as a bartender at Alumni Association events.

“For the Nassar investigation, as a “transformative” experience. The Consummate we spent ten months reviewing “As a clerk, the breadth of problem- more than 1.3 million documents solving skills you are required to Investigator and conducted over 100 inter- have and the rigor by which your Dowden finds the devil in the details.BY MAURA KING SCULLY views,” explains Dowden. “What work is judged is unparalleled,” was unique about our report was Dowden explains. The high-profile trial and conviction of Larry Nassar, the that it didn’t just focus on who From the court, Dowden went serial child molester and a former USA Gymnastics national knew what and when, but we on to spend five years as an assis- team doctor and osteopathic physician at Michigan State also had a large focus on cultural tant US attorney in the economic University, shocked the nation. How could this predator have abused conditions and how they allowed crimes and public corruption so many people and caused so much harm for so long? To find out, the it to happen.” units in the US Attorney’s Office United States Olympic Committee turned to Ropes & Gray partner Drilling into the details of for the District of Massachusetts. James Dowden ’00, a leader of the firm’s independent investigations complex cases is Dowden’s forté. “I always had an inclination for do- group, and his colleagues, to investigate and ultimately provide a He looks back on his clerkship ing investigative work and work- more than 200-page report on what went wrong and how it could be with Associate Justice Stephen ing in the criminal justice system,” prevented in the future. Breyer of the US Supreme Court he says. “I focused on public cor-

12 BC LAW MAGAZINE Winter 2020 Photograph by JARED CHARNEY 1 2 3 4

ruption and economic crime cases. to join university counsel the nonprofit world with It was fascinating work. I loved Paths to Success offices: Gain experience in her background in intellec- the fast-paced nature, and I loved Alumni find career satisfaction in diverse places. fields such as employment, tual property and media. contracts, and labor law. trials and being in the courtroom 4. Anthony Varona ’92 and connecting with juries.” 1. Juan Acosta ’86 positions, he was tapped by 3. Briana Thibeau ’01 Sunshine on His Shoul- In 2012, Dowden rejoined Right on Track At BNSF California Governor Pete News Flash As deputy gen- ders As the new dean of Ropes & Gray, where he’d served Railway, the largest freight Wilson to be chief counsel eral counsel for NPR, “what the University of Miami as an associate prior to working railroad network in North for the California Depart- I love most about coming School of Law, he’s found America, he’s been a ment of Housing. into work every day is feel- his niche. “I have long ad- for Breyer. In addition to leading lobbyist since 2000 and ing like I’m doing my small mired Miami Law’s excep- the firm’s independent investiga- was appointed assistant 2. Mary Jeka ’83 part to help further NPR’s tional community of schol- tions group, he heads the anti- vice president for state Higher Calling After a mission of creating a more ars, staff, students, and corruption and international risk government affairs in 2014. twenty-year career in informed public through alumni. Ours is a school practice. Much of his time is spent Going the Distance “BNSF government and politics, insightful, fact-based, and of great achievement and touches nearly every part of including ten years as a balanced news reporting. potential.” Into the Future on independent investigations into the economy. We were the principal aide and general It feels particularly urgent When it comes to the next allegations of serious wrongdo- original disruptive technol- counsel to the late Senator given the current political generation of lawyers, he ing, including workplace harass- ogy, the internet 130 years Edward Kennedy, she climate.” Her Journey In has some first-rate ideas. ment, corruption, and unlawful or before the internet, con- joined Tufts University in 2010, she was whisked “Lawyers have to think of unethical business practices. necting American farmers, 2003 and now serves as away from the partner themselves as business- manufacturers, and mer- senior vice president and track at Dow Lohnes by people as well as profes- “Part of my practice focuses on chants to markets around general counsel. Fountain Time Warner Cable. “I sionals. The disruptions to the Foreign Corrupt Practices Act, the world.” Intersections of Youth “I love the educa- knew that I wanted to get law practice, and law itself, which prohibits US companies Acosta earned his political tional mission and working some in-house experience posed by technology and from bribing foreign officials even chops as a public servant. with young people who are at some point in my career, especially artificial intel- if the conduct occurs outside of the In 1989, he was appointed on the cusp of their profes- and while I had envisioned ligence are significant and by President George H.W. sional lives. Their energy it happening later, the will only get bigger.” Pass- United States,” he says. “It means Bush as a special assistant and intelligence give me opportunity in front of me ing the Test “The more I travel abroad a lot to conduct at the US Department of confidence in their ability was too good to pass up.” law students can learn investigations for our clients. Our Housing and Urban Devel- to take over in the future.” At Last In 2017, she moved about these disruptions, practice works with global com- opment (HUD). After serv- Experience Matters Her to her “dream job” at NPR, and prepare for them, the panies putting programs in place ing in a handful of top HUD advice for those who want marrying her interests in better.” —MKS to educate and prevent unethical conduct. We also focus on the tone at the top. How institutions set the tone makes a big difference on changing workplace culture.” PEARSON WALKS THE WALK Dowden also takes pleasure in Robin Pearson ’89 Pearson vividly recalls a property class After her challenging start, Pearson found a mentor sharing his experiences with BC with BC Law Professor Zygmunt Plater, who said that to be who helped change the path of her career. Within a few Law students. Since 2003, he has effective in the field, lawyers should “walk the land.” She years, she co-founded Pearson & Schachter, a woman and taught a fall white-collar crime took that advice to heart. As a partner with Ropers Majeski minority-owned real estate firm. “We hired diverse staff Kohn & Bentley in Walnut Creek, California, she is known and attorneys, not just based on color but also on gender, survey course. “Monday evenings not only for her thriving real estate practice, but also for age, and different practice areas,” explains Pearson. “Last are one of my favorite work times mentoring women and people of color. For Pearson, that fall, we merged with Ropers Majeski, which shares our com- of the week,” he says. “Teaching walk across the land has turned into a march toward diversi- mitment to diversity.” sparks so much enthusiasm in me, fying the profession. Pearson has also been a leader in the profession. She and it’s a wonderful opportunity “The themes of my career have been mentorship, chaired the California State Bar Committee on Women in guidance, finding work/life balance, and how to survive the Law, served as chair of the State Bar Committee on to listen to eager students who in a law firm,” says Access and Fairness, and as president of the Black Women have such great questions and to Pearson. “When I Lawyers of Northern California. She is a long-time member be able to share how interesting a started practicing, I and former president of the Contra Costa County Bar As- career in law can be.” hoped that lawyers sociation and founded its diversity committee. When he’s not working or would be civil In October, she was honored with its Outstanding and welcoming to Woman Lawyer Award. “It was a humbling moment,” says teaching, Dowden can be found women and people Pearson, who serves on a variety of nonprofit boards. “Ev- spending time with his wife, of color, but that erything I’ve done, I’ve done because it needs to be done, Sarah, and their four children. was not the case.” because it’s the right thing to do.” —MKS

Winter 2020 BC LAW MAGAZINE 13 DOCKET Faculty Scholarship

Rights Revisited Young offers novel way to bring parties together. BY DAVID REICH

The Idea: Access to food, water, health, housing, and education are as funda- mental to human freedom and dignity as privacy, religion, or speech. Young shows how courts, legislatures, executives, agencies, and civil society can work together to reconcile such rights with democratic and market principles.

The Impact: Katharine Young’s scholarship in the relatively new field of economic and social rights has gotten huge attention, with citations in journals like the Harvard Law Review, Stanford Law Review, and Yale Law Journal. One article alone was cited 322 times and reprinted in three book-length collections. Meanwhile, her book Con- stituting Economic and Social Rights (Oxford, 2012), the first in-depth treatment of the field, received praise from the Harvard Law Review (“a powerful call to move from ideation to reality”), the Tulsa Law Review (“give[s] us new ways to think about the welfare state”), and academic stars such as the Nobel Laureate Amartya Sen (“a brilliant discussion of great importance to policy-making”) and Martha Minow, then the dean of Harvard Law School, who wrote the book’s foreword. POCKET RÉSUMÉ In the book, which examines legal systems worldwide but focuses on na- Degrees BA, LLB (Hons), University of Melbourne; LLM and SJD, Harvard. Creden- tions whose constitutions entrench ba- tials Clerk to Justice Michael Kirby, High Court sic economic and social rights, Young of Australia, 2001-2002; Associate Professor, begins her discussion of the jurispru- Australian National University, 2013; Associate Professor, Boston College Law School, 2013 dence of economic and social rights to present. Writing Articles in Boston University by laying out a “typology of judicial Law Review, Yale Journal of International Law, review.” The types fall along a spec- International Journal of Constitutional Law, Harvard Human Rights Journal, and others. trum from extreme passivity (defer- Author, editor, and/or co-editor of four books. ential review, wherein courts may find for a plaintiff but rely on moral suasion

14 BC LAW MAGAZINE Winter 2020 Illustration by KAGAN McLEOD “Once something’s called a right, it’s a kind of universalizing language that invites claim making, based on important values like dignity or freedom.” KATHARINE YOUNG

to effect a remedy) to extreme aggressiveness pe( - Accra, Ghana. The movement’s legal team, including FACULTY remptory review, where courts impose a solution Young, sued the government on behalf of a penniless MILESTONES from above, sometimes even rewriting statute law man being held in detention—in hospital—because Next Up Dean Vincent Rougeau be- to bring it into compliance with a constitution). he couldn’t pay the user fee for his treatment. came president-elect of the Association of American Law Schools in January. Deferential review, according to Young, may be The team filed a habeas corpus claim but came to seen as abdication of the court’s responsibility to understand that merely freeing the detainee would Consumer Powerhouse Patricia Mc- protect rights, while peremptory review may be leave in place an unjust system. Even enforcing the Coy presented at events and hearings sponsored by the Consumer Federal seen as usurpation by the court of the prerogatives former exemption for indigents would cause more Protection Bureau, the Senate Banking of executives and legislatures. problems than it solved, because Ghanaian hospi- Committee, University of Michigan Between deferential and peremptory review lie tals depended on the fee for their financing. Like Center on Finance, Law, and Policy, the what Young calls “midway models”: conversational the South African social movement, the Ghanaian Penn Institute for Urban Research and review (the court works with other government group based its claim on a constitutional right to the Wharton Public Policy Initiative, and the Harvard Joint Center on Housing branches to craft a remedy) and experimental health care. Combining litigation with agitation, the Studies. She also was selected by the review (the court organizes and oversees a negotia- movement crafted an agreement with government Federal Reserve Board as an inaugural tion between the litigants and, often, other stake- to revamp the health care financing system, replac- member of its Insurance Policy Advisory holders, including academic experts, NGOs, and ing user fees with community-based insurance. Committee (IPAC), and wrote “Inside social justice movements). Using these models, a Using narratives like these, Young argues that Job: The Assault on the Structure of the Consumer Financial Protection Bureau” court can glide safely past the Scylla of abdication social movements can avoid the often-polarizing (Minnesota Law Review). and the Charybdis of usurpation. The court, as nature of distributive politics, while making de- Michael Cassidy, serving Young puts it, catalyzes change, “forcing govern- mands for reasonable reform. “Once something’s Court Ready on the Supreme Judicial Court Advisory ment to come up with a better approach [to honor- called a right,” she says, “it’s a kind of universal- Committee on Massachusetts Evidence ing economic and social rights] without imposing izing language that invites claim making, based on Law, was a lead author of the Massachu- that approach itself.” important values like dignity or freedom.” setts Guide to Evidence, 2019 Edition Young’s book also examines the role of social Such rights are now found in more than three- (Flaschner Judicial Institute). He also published “Undue Influence: A Prosecu- movements in helping courts, legislators, and gov- quarters of the world’s constitutions, and Young’s tor’s Role in Parole Proceedings” in the ernment bureaus put flesh on the bones of economic recent book collects case studies of the resulting Ohio State Journal of Criminal Law. and social rights as set out in constitutions and campaigns, from the right to health care in Colom- Making Waves Professor and international human rights conventions. Young bia, the right to food in India, the right to housing Rappaport Faculty Director Daniel describes a campaign by a South African social in South Africa, and even the right to education in Kanstroom was prominently featured in justice movement that combined litigation with sit- US state constitutions. The experience of constitu- a Marshall Project/The Guardian online ins, street protests, and media outreach in order to tional systems that do grant such rights challenges multimedia experience detailing migrant secure access to antiretrovirals for pregnant women the conventional wisdom that hesitates to recog- detention in the US. In a New York Times op-ed, Hiba Hafiz offered a legal under the constitutional right of health care. nize them because courts will be seen as political strategy to outmaneuver Uber. George Young herself took part in a similar process dur- and democracy damaged as a result. “The lesson,” Brown discussed POTUS impeachment ing her years in graduate school, when she interned says Young, “is that under certain conditions, the in the Washington Post. with a social movement in a poor neighborhood of reverse may be true.” Fun Fact Steven Koh, who joined the BC Law faculty last semester, was presidential hopeful Pete Buttigieg’s

NOTABLE FACULTY PUBLICATIONS roommate at Harvard. Koh was quoted in a CNN story and ABC Nightline feature about the friendship. Robert Bloom ’71 and Mark Kari Hong, in “10 Reasons Joseph Liu believes that Hugh Ault penned, with Brodin co-authored Examples Why Congress Should Defund Congress, when delegating co-authors Brian Arnold and Does Nature Have Rights? Zygmunt & Explanations for Criminal ICE’s Deportation Force,” rulemaking authority to the Graeme Cooper, the fourth Plater was among the signers of an Procedure: The Police and (NYU Review of Law & Social Copyright Office, must con- edition of Comparative Income amicus brief to the Constitutional Court the Constitution, 9th Edition Change), argues that the sider its focus on administer- Taxation: A Structural Analysis.” of Ecuador on behalf of the rights of the (Wolters Kluwer), a popular Enforcement and Removal ing legislative compromises The comparative study of Dulcepamba River. They ask the court casebook companion for its Operations (ERO) wing of between large industries rather income taxation provides fresh to affirm Ecuador’s commitment to the clear explanations and useful ICE responsible for deporting than on furthering specific perspectives to evaluate a rights of nature and human rights in the hypotheticals. Brodin also non-citizens is unnecessary to copyright policies. In “Copy- particular national system. The co-wrote (with Michael Avery) keep America safe, and hurts right Rulemaking: Past as book presents solutions ad- wake of severe negative impacts—in- the Handbook of Massachu- Americans and the economy. Prologue” (Berkeley Technol- opted by eleven industrialized cluding a deadly flood in 2015—follow- setts Evidence, 2020 Edition She proposes this as a middle ogy Law Journal), Liu explains nations, including the newly ing construction of a hydroelectric dam (Wolters Kluwer). ground to abolishing ICE. his concerns. added China and India. in the early 2000’s.

Winter 2020 BC LAW MAGAZINE 15 DOCKET Candid “I’m curious to know what’s at the bottom of anything— the science/technology or the law: the principles, and where they’re coming from. That’s me.” ‘I Want to Understand’ Engineer-scientist Su Kyung Suh ’20 finds the answers in patent law. INTERVIEW BY CLEA SIMON

One of the reasons I wanted to be an engineer was that I liked building stuff: Legos, helicopters, anything I could assemble.

I came to America from Korea to study chemical engineering at MIT. Chemical engineers build systems that facilitate larger scale.

After graduating, I worked at Samsung developing quantum dot solar cells. It takes a long time before actual people can use the technologies that are being developed. My team received one patent while I was at Samsung, and I helped explain the science to the patent lawyers. I liked the process of thinking about why a particular technology is novel and inventive. It was fun. I also saw how patents move technology out of the science community and into people’s hands.

In 2014 I left Samsung and started working at Choate, Hall & Stewart after learning there were jobs there for staff scientists. That October, I passed the patent bar and became a patent agent at the firm. I switched to working part-time when I started law school.

I decided to go to law school because, as an engineer- scientist, I’m curious to know what’s at the bottom of anything—the science/technology or the law: the principles, and where they’re coming from. That’s me.

But law school meant starting again from the bottom, so it was frustrating. The first year can be so challenging because it is all new. I felt so small.

I just love learning in general. It’s awesome that every single law professor is an expert and they’re telling us STUDENT SNAPSHOT what’s important in their field. That’s huge. And after Provenance Korea. Tri-National Student nearly three years at BC Law, I feel that I know this Summa cum laude grad Pohang University of country better; I hadn’t even read the Constitution Science and Engineering, Korea; semester before law school. exchange program Birmingham, England; PhD chemical engineering MIT. Early Career At Samsung developed solar cells using nanopar- Now, I can put the science/technology and the law to- ticles. Applying Science Currently a patent gether. A law firm needs someone who can understand agent at Choate, Hall & Stewart. For Fun Date the science/technology that is being patented and then night with her husband—“We try to go to a restaurant once a week”—and family movie transfer that knowledge into the patent application. night with their two sons. Favorite Food Kimchi. I am the person who understands both. Guilty Pleasure Beer. “I love sour beer.”

16 BC LAW MAGAZINE Winter 2020 Photograph by DIANA LEVINE 17 DOCKET Evidence

Balancing Act Tax policy needs adjustment in favor of equality. BY PROFESSOR JAMES R. REPETTI ’80 WITH TIMOTHY HARTWELL ’20

Just as an efficient tax system can improve a nation’s standard of living by insuring that taxes do not harm welfare, so can tax rate progressivity make important contributions to the well-being of citizens by helping to reduce inequality. Yet in recent decades, there has been an increased focus on economic efficiency in formulating tax policy, which has resulted in decreased rate progressivity in our individual income tax. That decrease has exacerbated inequality. Inequality imposes measurable costs on the health, social well-being, and intergenerational mobility of our citizens, as well as on our democratic process. These findings are corroborated by significant empirical analysis. In contrast, anticipated economic efficiency gains from low individual tax rates are speculative. A consensus exists among INCOME INEQUALITY economists that taxes within the historical range of rates in the United States have little or no impact on labor supply. More- Income Concentration Distribution of Wealth Increase in over, economists cannot agree whether the 33% Income Disparity Bottom 20 myriad empirical studies on savings in- Percentile 7% 22% 1978 2012 dicate that progressive tax rates decrease, Increase in share of increase, or have no impact on savings in wealth held by top .01% the United States. The clear harms arising from in- 25% equality and the uncertain harms arising Shares of Wealth from progressive tax rates, strongly support always giving equity at least 5X Greater Income difference equal weight with efficiency in formulat- 218% between top 10% and Growth in income Top 1 ing tax policy. But given the high level of Percentile bottom 10% in US inequality, 1979 to 2014 inequality in the United States and the currently low and flat tax rate structure, equity should be given more weight than Decline in Wealth efficiency at this time. 75% 81–99 Repetti’s article, “The Appropriate Roles 33% Percentile 21–80 270% 78% for Equity and Efficiency in a Progressive Percentile Net worth decline for Net worth increase for Income Tax,” forthcoming in Florida Tax bottom 40% of US top 20% of households, Review, can be downloaded at SSRN.com. Growth in pre-tax income by income groups since 1979 households, 1983 to 2010 1983 to 2010

18 BC LAW MAGAZINE Winter 2020 Illustration by PIETARI POSTI TAX RATES

Top Federal Individual Income Tax Rates Effective Average Tax Rates by Pretax Income Group

100% 50%

90% 45%

80% 40% Top 1%

70% 35%

60% 30% All

50% 25%

40% 20%

30% 15%

20% 10% Bottom 50%

10% 5%

0% 0% 1913 1951 1981 1918 2011 1933 1973 1923 1972 1975 1953 1957 1978 1978 1993 1993 1938 1983 1963 1963 1987 1943 1928 2013 2017 1958 1954 1999 1988 1998 1969 1996 1968 1966 1984 1948 2014 1990 1960 2003 2002 2005 2008 2008

Marginal tax rates are the rates applied to a taxpayer’s last dollar of income. By that The effective average tax rates paid by income groups from 1913 through 2013. measure, marginal rates paid by the wealthiest earners decreased from a high of The graph shows that those in the bottom 50% have seen their tax burdens in- 90% in 1951 to just under 40% percent in 2017. crease, whereas those in the top 1% have seen them decrease since the 1940s.

IMPACT OF INEQUALITY

Impact on Democracy Income Inequality and Health and Social Problems Income Inequality and…

Worse Life Expectancy: The US has the United second lowest life expectancy and States second highest income inequality among a set of 22 wealthy countries.

.01%Of voting population Portugal Infant Mortality: The US has the United contributed 40% of all 2012 Kingdom highest infant mortality and second highest income inequality rate among campaign contributions Greece Ireland a group of 23 wealthy nations. France New Zealand Austria Social Mobility: The US stands with Denmark Germany Australia Italy and the United Kingdom as the Canada Belgium three nations with the least intergen- $170 Finland Spain Italy erational mobility among a group of Norway Switzerland 13 advanced economies. MILLION Netherlands Contributed by Fortune 500 board Sweden members and CEOs in 2012 election PROBLEMS AND SOCIAL INDEX OF HEALTH Link Between Taxes and Inequality

Japan Studies have found that the most significant factor affecting increases in inequality was the decline in $500 Better the progressivity of federal taxes. MILLION Low High They have also concluded that the INCOME INEQUALITY Contributed by 18 families in decline in progressivity contributed campaign against estate tax. Result: A host of health and social ills such as infant mortality and intergenerational im- to nearly one-half of the increases in substantial increase in amounts of mobility result from income inequality. The graph shows the relationship between wealth inequality during the period wealth exempted from estate tax those ills and inequality in developed nations. 1960 through 2010.

Sources: For a complete list of sources, visit lawmagazine.bc.edu/2020/01/balancing-act. Winter 2020 BC LAW MAGAZINE 19

EASY RIDER

During the meteoric rise of Peloton, Hisao Kushi ’92 has been the exercise disrupter’s zen-like co-founder and general counsel— a funny, brilliant master of calm.

PORTRAIT BY BY ELIZABETH GEHRMAN JOSHUA DALSIMER

21 PELOTON IS A COMPANY THAT MAKES A LOT OF NOISE. Its sleek machines smash the stereotype of home exercise equipment gathering dust in the basement, by streaming—in real time or on demand—interactive studio spin and treadmill classes in which chiseled, beautiful instructors Throughout, Kushi has perpetually exuded preach about cadence and max heart rates calm good humor and a sense of quiet control, and “stepping into your power.” They crank up like the hero in an action movie placidly stroll- the technopop or hip hop and exhort you to ing away from an explosion without so much as a glance over his shoulder. “He’s so solid pedal or run till a puddle of sweat forms on the and low-key,” says Netflix senior counsel Joel floor around you. Goldberg, who graduated from BC Law with Kushi in 1992 and remains a close friend. “He The goal, as one YouTube influencer writes, is to make exercise “so much damn FUN” that never gets rattled. He’s just a very solution-ori- you won’t want to give it up. And it’s working: 96 percent of all Peloton bikes sold since 2014 ented attorney who’s got an unbelievably good still have $39-a-month subscriptions attached to them. People actually ride these bikes business sense and understanding of what’s more over time rather than less. Users have created online forums and Facebook groups important and what isn’t.” and endless Reddit threads to analyze their experience as members of the “Peloton family,” What’s important to Kushi, according to now 1.5 million members strong. They’ve formed deep personal online friendships and they Foley, one of Kushi’s best friends since they frequently travel long distances to spend activity-filled weekends with one another, cram- met while working together at the review site ming as many studio classes as they can handle into each day. Some have even tattooed the Citysearch in the late ’90s, is “integrity, intellect, Peloton logo onto their bodies. kindness, compassion, responsibility, ethics, Hisao Kushi ’92, a founding partner and the company’s indispensable chief legal officer, thoughtfulness, humility,” things not normally seems to be the still point amid all the commotion. “He was the first call I made when I came associated with the cutthroat world of tech up with the idea of the interactive bike,” says the company’s founding CEO, John Foley. “Not startups. “He’s just the kind of person you don’t because he’s a lawyer, but because he’s an insanely quality human being whose business judg- come across every day,” Foley says. ment and thoughtfulness I respect. The fact that he’s a lawyer was just gravy.” Peloton got its start in 2012 because the spin classes Foley loved filled up too fast for him to get into. Last April he told “How I Built This” podcast host Guy Raz about his aha moment: “I said, if these classes sell out, these fifty bikes sell out in thirty seconds; if there was infinite room, would there be 500 people that wanted it?” Would there be 2,000, 50,000, 5 million who “would want that great instructor at that great time? And so it just started to scream ‘distributed technology.’” Despite starting with less than a half-million dollars raised from family and friends, Foley KUSHI’S SANGUINE APPROACH to chaos is likely and his founding partners managed to put together a total of more than $900 million over rooted in his childhood. He was born in Bos- five rounds of venture funding, making Peloton what’s known in the investment world as a ton in 1965, the youngest by six years of five unicorn—a startup valued at more than $1 billion—even though at the time it had just 100,000 children whose parents were among the first paying subscribers. Since then, the company has had the kinds of ups and downs that tend Japanese nationals to come to the United States to plague newsworthy, industry-disrupting startups, including a less-than-stellar October after World War II. Michio and Aveline Kushi IPO, a few hits to its stock prices, and the occasional advertising misstep. That competitors were gurus of the natural foods movement who are beginning to flood Peloton’s space speaks to the company’s success as an innovator and introduced macrobiotics—as well as other now- a marketing powerhouse—“the Netflix of the workout world,” according toForbes magazine. common elements of Japanese life, including It continues to raise its profile, releasing lower-priced subscription apps that bring strength training, yoga, meditation, and outdoor workouts to your TV, smartphone, or Apple watch, The world of Peloton: Starting with interactive bikes, opening more studios, and expanding its reach in Europe. Barron’s recently reiterated its the company has expanded its subscription offerings to “buy” advice for Peloton stock and raised its price target from $30 to $40. treadmills and personal workout apps.

22 BC LAW MAGAZINE Winter 2020 Winter 2020 BC LAW MAGAZINE 23 shiatsu, aikido, and futons—to postwar America at what turned out to be the ideal cultural moment. By the time Hisao came along, the Kushis were key figures in the counterculture, at- tracting acolytes and celebrities by the thousands to their commune-like 11,000-square-foot Brookline house. “There were always twenty to twenty-five people living there,” Kushi recalls. “It was not your typical upbringing.” In some ways, Kushi says, he was “incredibly fortunate” to grow up in such an atmosphere. “THE STUDENTS YOU REMEMBER, like Hisao, are the His parents’ success gave him educational opportunities, including international travel at a ones who are original thinkers,” says Daniel R. young age—though he did attend public schools all the way through college—the luxury of tak- Coquillette, the J. Donald Monan, SJ, University ing a year off after his college graduation to decide whether to continue on to grad school, and Professor, from whom Kushi took a legal history the security to wait for the right job to come along once he got his JD. And then there were the class. Coquillette has taught at BC Law for forty perks, like hearing his father named on Stevie Wonder’s hit album “Songs in the Key of Life” years, and has met a lot of students in that time. and, oh yeah, that time John and Yoko dropped by for dinner. “Sean Lennon was in a bassinet,” “He’s not formalistic. He approaches problems Kushi recalls, “and I was like eight maybe. All of us kids were huge Beatles fans; we would go in a much more creative way. He could put a to Beatles conventions and all that stuff. I was pretty starstruck.” question into a context that the other students Still, the backdrop was one of barely contained pandemonium. “Someone would pick up missed. That can’t be taught; it’s a natural talent.” the phone and a friend would ask for me and they’d say, ‘I don’t know who that is,’” Kushi That creativity came in handy during Pelo- recalls. “That type of thing.” Movies were his refuge; he would sit slack-jawed through double ton’s development, which, for a corporate law- features at Cambridge’s now-defunct Orson Welles Cinema and see the same film over and yer who dreads routine, was the motherlode over again at the Coolidge Corner Theatre. He also cultivated “a great core group I’m still of problem-solving. “We didn’t know anything friends with to this day,” he says, “which on reflection probably provided some stability.” about the fitness industry, or building hard- Growing up in that “crazy household,” he says, made him long for a “normal life” as an ware, or supply-chain logistics — which is very adult. Today he and his wife, Karen, whom he met as an undergrad at UMass Amherst, live complicated, I’ve come to discover,” Kushi says. in Santa Monica, where they moved after college, partly for an adventure and partly so Kushi “Turns out in order to build something like this could pursue his dream of becoming a screenwriter, a dream he abandoned on the cusp of you have to first build the tools to build it. And success in favor of a job as in-house counsel in Universal Studios’ internet group. “It was you have to create software that reads informa- a steady job with benefits and a steady paycheck,” Kushi says, the light in his eyes almost tion from the bike, pushes it to the cloud, and perceptibly dimming at the memory. A few years later he found his tribe as general counsel pushes it back to the bike in real time. That’s for Citysearch, where “everybody was young and high energy and entrepreneurial minded, also complicated. Then you need fantastic working on new challenges, new problems, pioneering new services and products, and trying instructors and effectively a TV production to do stuff to disrupt the space.” studio, and a fantastic retail experience, and Today, he and Karen have two children—a boy and a girl—a little mutt named Percy, and, a fantastic delivery and onboarding system. yes, a white picket fence around their modest 1,500-square-foot bungalow. But while Kushi’s People were like, ‘You’re bananas if you think life may have the trappings of normalcy, his desire to fit in has never extended to his turn of you can pull this off.’” mind. “He was the first person who told me to question authority,” says Karen Kushi. “I went What does a lawyer know about any of over to visit him at his house in Brookline once and he was doing this giant jigsaw puzzle. Not that? Nothing, at first, but it doesn’t matter, many college students do that sort of thing but you never know what he might be into. He’s says Foley. “Every single decision we make at definitely the most interesting person I’ve ever met.” Peloton,” he maintains, “I run by Hisao to get “Hisao may be one of the most interesting people in the world,” says Dion Camp Sanders, a his instinct because he’s such a good, smart, longtime friend who in January 2019 joined Peloton as head of strategy. “But he doesn’t talk strategic businessperson. He’s the best general about himself in that way. You may learn things about him; they may come out, but he won’t counsel I can imagine, but as a cofounder and tell you about them directly.” A classic example came when Sanders and Kushi and their families were hanging out at Foley’s house one evening last year. When Foley’s teenage son brought out his guitar and started playing a Leonard Cohen song, Kushi joined in and, says Foley, “it was as if Leonard Cohen was in my house. It blew my mind.” After twenty-three years of friendship, he adds, “I didn’t know Hisao had a musical bone in his body.” When Kushi moved over to the piano and belted out Queen’s “Bohemian Rhapsody” with Foley’s daughter, “I almost fell out of my chair,” Foley marvels.

Despite starting with less than a half-million dollars raised from family and friends, Foley and his founding partners managed to put together a total of more than $900 million over five rounds of venture funding, making Peloton what’s known in the investment world as a unicorn—a startup valued at $1 billion— even though at the time it had just 100,000 paying subscribers.

24 BC LAW MAGAZINE Winter 2020 The team that started it all: Co-founders Hisao Kushi, who asks the businesspeople what they’re trying to achieve and tries to help them achieve CEO John Foley, COO Tom Cortese, CTO and CIO Yony it in a way that doesn’t expose the company to inordinate risk. “Because he takes that tack,” Feng, and SVP Graham Stanton. Sanders says, “businesspeople innately trust him.” The team Kushi has built at Peloton, Sanders maintains, is one of the most trusted he’s ever seen. “They’re completely embed- business partner he serves in a much broader ded in the business and they’re in every meeting. We businesspeople want them in the room role at the company.” with us because they’re thought partners who help us make better decisions.” One reason for that is Kushi’s inherently Having a sense of humor doesn’t hurt. “You don’t expect from such a humble, understated outward orientation, which lends a win-win personality that he would be one of the funniest people you know,” says Foley, “but he’s able approach to his every interaction. “He’s much to thread that needle and in a self-deprecating way add levity and humor to almost every more interested in talking about you than in interaction.” Sanders recalls a presentation at which Kushi had to impress upon employees talking about himself,” says Goldberg, who the importance of keeping mum about the pending IPO. “This was serious business,” says paved the way for Kushi at Universal Studios Sanders, “but he delivered the directive with such wit and humor that he had everyone rolling and calls him “unbelievably fun to work with.” in the aisles laughing hilariously.” Kushi’s self-effacing style and lawyerly capaci- Top-down, that kind of M.O. makes for some happy employees. “What John and Hisao ties allow him to deflect so well you may not together have done at Peloton is take some high-caliber talent and overlaid that with kind- even realize right away that you’ve been turned ness,” says Sanders. “It has created an environment where people function well together down. “When someone on the other side is fight- and there are no turf battles. There’s no toleration for people who are jerks or want to hear ing over something that Hisao knows is not that themselves talk.” important,” Goldberg says, “it’s easy for him to Kushi’s mantra to “hire for attitude, train for skill” helped get the company a Glassdoor make an accommodation that will buy him the rating of 4.3 stars, and in an extensive employee survey last year, Kushi came in No. 1 among goodwill to get what he needs.” 100 Peloton managers in terms of teams loving their leader. There was no celebration, though, Kushi is the kind of lawyer, says Sanders, says Foley, “because it was no surprise to anyone.”

Winter 2020 BC LAW MAGAZINE 25 THE MIGHTY

WEIGIT FELL TO DERMOT GROOME ’85 TOH HOIST THE LOAD OF RATKO MLADIC’ST´ CRUELTY ONTO THE BENCH OF JUSTICE AT THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA. IT WAS A GRUESOME TASK. BUT HE WAS THE PERFECT MAN TO DO IT. BY JERI ZEDER 26 Ratko Mladi´c, the commander of the Serbian army, was indicted by the tribunal in 1995, but remained a fugitive until his arrest in 2011. A year later, he was put on trial for crimes—including murder, terrorism, and genocide— committed in Sarajevo, Srebrenica, and fifteen other municipalities. OF ATROCITY Great Case

IT WAS JUNE OF 1992, THE SECOND NIGHT OF THE HOLIDAY EID AL-ADHA, WHEN ELVEDIN PASIC, JUST FOURTEEN, SAW SERB FORCES ATTACK HIS SMALL MUSLIM VILLAGE OF HRVACANI,´ BOSNIA.

The community scattered; Pasic escaped The ICTY was created by the UN Security tion government collapsed. Croatia, Slovenia, through a window with his mother. Elderly Council and operated in The Hague from and Serbia became independent nations. neighbors, unable to flee, were shot or burned 1993 to 2017. The first war crimes tribunal In April 1992, seeking domination, Serbian alive. Hrvaćani was reduced to ruins. Surviv- since Nuremburg, its purpose was to bring to forces bombed Sarajevo and began the brutal ing villagers went into hiding, but in Novem- justice those who had committed genocide, “ethnic cleansing” of non-Serbs. In Europe’s ber were captured by Serb forces. Intent on crimes against humanity, and war crimes worst mass murder since World War II, massacre, soldiers forced their captives to during the 1992-1995 Bosnian War. The nearly 8,000 Muslim men and boys were form three lines and lie down in the mud. descent into war began with the death of massacred in Srebrenica; another 20,000 Pasic lay down between his father and his Yugoslav’s strongman president Josip Tito in civilians were expelled. By war’s end, some uncle. The women and children were ordered 1980. As the economy declined, opportunis- 130,000 people had been killed and two- to to get up and leave. Pasic’s father and uncle tic politicians began sowing ethnic discord four million displaced. insisted that Pasic join them. Pasic never saw among the Muslims, Serbs, and Croats of Mladić, the commander of the Serbian his father and uncle again. Bosnia-Herzegovina. Eventually, the coali- army, was indicted by the tribunal in 1995, but Twenty years later, on July 9, 2012, Pasic, in tears, told the world his story as the first witness in the last trial of the International Criminal Tribunal for the Former Yugoslavia (ICTY)—the trial of Ratko Mladić. Pasic’s testimony set up the prosecution’s case that Mladić sought to destroy Bosnia’s non-Serbi- an peoples through murder, mass expulsions, and atrocities against civilians. Leading the prosecution was Dermot Groome ’85. In the rarefied world of international criminal justice, Groome is renowned. Besides serving as senior prosecutor in eight trials at the ICTY, including the trial of Slobodan Milošević, Groome literally wrote the book on investigating human rights abuses. With his masterful ability to coordinate the vast, complex mix of people, evidence, and documents involved in war crimes prosecutions, Groome has set professional standards. He made significant contributions to the development of international law. And his admonitions about the future of international criminal justice are warnings for us all.

28 BC LAW MAGAZINE Winter 2020 remained a fugitive until his arrest in 2011. A to apply to high-level perpetrators, and per- was intended to support the “ethnic cleans- year later, he was put on trial for crimes com- suaded the ICTY that the idea was implicit ing” and “forcible transfer” counts against mitted in Sarajevo, Srebrenica, and fifteen in the court’s guiding statute. The concept Mladić. On cross-examination, the defense other municipalities. He was charged with became known as “joint criminal enterprise,” tried to shake her testimony using film foot- eleven counts: four of violations of the laws of and is now a core legal theory of internation- age from Srebrenica: war (murder, terrorism, attacks on civilians, al criminal law. the taking of hostages), five of crimes against One of the prosecution’s witnesses was Defense attorney: “The demeanor of humanity (murder, persecution, extermina- Saliha Osmanović of Srebrenica, whose two General Mladić, is it similar to or differ- tion, deportation, forcible transfer), and two sons and husband were killed in the war. As ent from the demeanor of General Mladić of genocide. To prove genocide, the prosecu- a Muslim in fear for her life, she had fled to a during the encounter that you remember tion had to show beyond a reasonable doubt refugee camp in July of 1995. Her testimony with him?” that the defendant intended to destroy in whole or in part a particular ethnic group. Mladić’s defense team argued that he was in- nocent, that he had never participated in, nor ordered, any crimes. In an interesting legal wrinkle, the statute War Crimes Tribunals: A Painful Necessity The prosecution of war criminals began in 1945 with the International Military Tribunal at Nuremberg governing the ICTY did not explicitly provide after the genocides, atrocities, and crimes against humanity of World War II. When genocides and “ethnic for a way to hold accountable heads of state cleansings” arose again at the end of the 20th century, new tribunals were established. Here is a list. (like Milošević) or senior political and military leaders (like Mladić)—people who didn’t 1945-1946 1993-2017 2001-Present 2002-Present actually pull the trigger, but were culpable at International Military International Criminal Extraordinary Chambers in International Criminal Tribunal at Nuremberg Tribunal for the former the Courts of Cambodia Court (ICC)—a permanent a strategic level. During the Nuremberg tri- (Nuremberg Trials) Yugoslavia (ICTY) court with universal als, prosecutors used the “common purpose” 2002-2013 jurisdiction over nations doctrine against multiple perpetrators who 1946-1948 1994-2015 Special Court for Sierra that have joined it. The UN International Military Trial International Criminal Leone Security Council can refer cooperated and coordinated with each other for the Far East (Tokyo War Tribunal for Rwanda cases to the ICC from to commit atrocity crimes. Groome recon- Crimes Trials) (ICTR) non-member countries. ceptualized the common-purpose doctrine

Dermot Groome ’85, pictured in a scene Osmanović: “I don’t know. He seems from Frontline’s to be nicer on the video when he says the documentary The Trial children should go on ahead.” of Ratko Mladi´c. Defense attorney: “Madam, you men- tioned that there was water and chocolates being handed out. Was there also bread being handed out by the VRS soldiers?” Osmanović: “Yes, certainly. They must have fed them and then killed them! It was a show for the camera. They should have IN THE RAREFIED WORLD OF just let everyone go. It was hell. But I saw INTERNATIONAL CRIMINAL JUSTICE, Mladić, believe me. I know that. I am not a fool! I lost two sons. I lost my husband. I GROOME IS RENOWNED. WITH don’t need these stories anymore.” HIS MASTERFUL ABILITY TO The testimony of Saliha Osmanović hints COORDINATE THE VAST, COMPLEX at the meaning of bringing traumatized vic- MIX OF PEOPLE, EVIDENCE, AND tims of war crimes into court. Camille Bibles, now a federal magistrate judge for the US DOCUMENTS INVOLVED IN WAR District Court in Arizona, was a prosecutor CRIMES PROSECUTIONS, HE HAS SET for both the Mladić and the Milošević trials. She recalls an illiterate farmer—a massa- PROFESSIONAL STANDARDS. cre survivor—telling her, “‘Milošević was

Winter 2020 BC LAW MAGAZINE 29 Great Case

everywhere. He had his statues, his face was There were whispers that a mass grave existed I’ve dealt with, I’ve found such goodness.” everywhere, and here I am, I’m going into a in Prijedor, but no one would say where it was. Groome’s Catholic faith has also centered courtroom and I am going to hold my own Then, in September 2013, the prosecution him. “I don’t know why such awful things against that man.’” learned its location: the Tomašica Iron Mine. happen or whether God allows them to Rape was a weapon of war used by the In November, more than 200 days into happen, but I do know that as awful as these Serbs against Muslim women; by some es- the trial, Groome traveled to Tomašica with a crimes are, and as tremendous as the suffer- timates, 25,000 to 50,000 women were held team of investigators to observe the excava- ing is, it is in these crimes that a sense of God captive and raped repeatedly. Rape victims’ tion. In the Frontline documentary, Groome has been most proximate in my life.” testimony was necessary to prove atrocities, stands amid a bleak landscape, his hands in It took eight months to gather and analyze and helping women to come forward and ap- his pockets, hunched against the wind, as all the forensic evidence from Tomašica pear in court was especially challenging. bulldozers groan over the ground. Pathologists and collect witness statements. Groome’s “I can think of several instances where will try to determine the identity and cause of team had to persuade the court to re-open women who had been victimized by a sexual death for each and every body that’s exhumed. the prosecution’s case-in-chief and allow offense, who had suffered enormously—Der- Evidence of point-blank range gunshot evidence from the mine to be entered at trial. mot would do everything from having their wounds to the heads and bodies of hundreds If allowed, the ruling would be a significant therapist present to whatever they needed of men, women, and children buried in the setback for the defense. for their support,” Bibles says. “There were mine will join with evidence of the thousands On October 23, 2014, the tribunal ruled for women who came out from testifying and of other people in the area who were mur- the prosecution. The forensics from the mine, facing their abuser and felt empowered as a dered, starved, abused, and burned out of their the court said, was “fresh evidence,” “relevant result of that testimony. That is the mark of a homes and mosques. The prosecution will to the charges in the municipalities’ compo- remarkable attorney.” argue that this destruction was conducted by nent of the case and of probative value.” Victims, of course, were not the only Mladić and constitutes genocide. Tomašica underscores the enormity of witnesses. Perpetrators were witnesses, too, Groome was still in law school when he the Mladić case. The trial lasted four-and- including “hardened and cynical insiders, served as an intern at the district attorney’s a-half years, with 530 trial days. Some sixty like the ex-paramilitary soldiers whose office of Middlesex County, Massachusetts. people worked on Groome’s team, includ- comrades-in-arms had committed terrible “I actually remember vomiting the first time ing more than twenty lawyers and dozens crimes in Croatia and Bosnia,” says Travis I saw crime scene photos,” he says. Long of investigators, analysts, and translators. Farr, an ICTY prosecutor who is now at the experience has given him the ability to stand (More than 100 interns rotated through the Extraordinary Chambers in the Courts of amid the stench and horror of places like the case, some from BC Law through a program Cambodia. “Dermot dealt effectively with Tomašica Mine—which, he told the Frontline founded by former ICTY prosecutor Phillip them all.” filmmakers, was “beyond anything I’ve ever L. Weiner ’80.) Eight million pages of docu- dealt with”—but he has not been hardened. ments were combed through, with anything “Obviously, my work has required me to exculpatory turned over to the defense. Ten deal with people who have suffered greatly, thousand exhibits were entered into evi- This chart, developed by the prosecutors and and it has exposed me to some of the worst dence. Hundreds of motions and responses shared with Frontline for the documentary examples of what people can do to each were filed. Six hundred witnesses testified. The Trial of Ratko Mladić, shows the popula- other,” Groome says. “One of the ways that It took eleven months for the judges to reach tion census before and after Mladić’s troops I changed: I think I learned that, in each of a verdict. The written judgment is three stormed the villages surrounding the city of these crimes, no matter how great the evil thousand pages long, fills five volumes, and Prijedor, Bosnia: embodied in the crime, there are always acts contains nineteen thousand footnotes. of great courage, goodness, and self-sacrifice It wasn’t unusual for Groome to be at his that counterbalance and sometimes even desk by 5:00 a.m. and to work deep into the 1991 Muslim 1993 Muslim Population Population outweigh the evil.” He cites as an example night and on weekends, breaking only for a woman who was burned alive with sixty dinner with his family. “You would expect BIS´CANI 1,421 0 other women and children. She escaped someone working that kind of schedule CARAKOVO 2,324 2 and, naked and flayed, ran from door to door would be a little grouchy,” says Bibles. “He HAMBARINE 2,768 2 in her village warning others to flee. Then, was not. He was a positive force.” KAMICANI 3,014 0 KOZARAC 3,740 3 she returned to the perpetrators and begged Facing daunting situations by sizing them KOZARUSA 2,853 0 them to shoot her. When they refused, she up and simply taking care of them is a theme RAKOVCANI 1,406 1 fled and survived and testified at trial. of Groome’s career. In 1989, when he needed a RIZVANOVI´CI 1,551 1 “When I did this work,” Groome says, break from his job prosecuting violent crimes TRNOPOLJE 2,667 2 KEVLJANI 1,893 0 “I was always vigilant to see these great at the Manhattan DA’s office, he took a sabbati- ZECOVI 701 0 acts of goodness in every crime that I have cal in Jamaica, where he founded a nonprofit dealt with, and I can say that, in every crime to rebuild homes destroyed by hurricane.

30 BC LAW MAGAZINE Winter 2020 “THE WORLD HAS BECOME COMPLACENT TO ATROCITY CRIMES. … OUR ONCE COURAGEOUS SECURITY COUNCIL THAT ONCE BOLDLY USED ITS CHAPTER 7 AUTHORITY TO SAFEGUARD PEACE AND SECURITY, TO CREATE THE ICTY AND ICTR [THE RWANDAN TRIBUNAL], HAS PROVED DYSFUNCTIONAL AND IMPOTENT.” DERMOT GROOME

While there, he met his wife. A year after re- a large portion of their careers to come to 2019, the Trump administration revoked the turning to the DA’s office, he left for good to live the ICTY to help us understand how these entry visa of ICC prosecutor Fatou Bensou- in Jamaica, where he directed the children’s crimes occurred,” he says. “They did it out of da, apparently because she had called for an home where his wife worked, and got involved a real sense of love and patriotism for their investigation into war crimes in Afghanistan in issues of policing and human rights. country because they really believed that that could implicate US troops. In protest, Six years later, Groome relocated to the truth had to come out for Serbia to move none other than Nuremberg prosecutor Ben Cambodia, where he served as legal advi- forward.” And it wasn’t just team members; Ferencz, age 99, lamented that the US “is the sor to various human rights NGOs, and to Serbian witnesses came forward, too. “We very country that built the house called mod- the Minister of Justice and the courts of would not have had the success we had ern international criminal law” in an op-ed Cambodia. He gave human rights trainings without the commitments and service of the for The Hill. to judges, prosecutors, police, and govern- Serbs,” he says. “The world has become complacent to ment officials. It was in Cambodia that The tribunal heard closing arguments in atrocity crimes,” Groome acknowledges. Groome saw the need for a practical manual December of 2016. On November 22, 2017, it War crimes have been committed in Syria, in detailing how to investigate and document rendered its judgment. Sri Lanka, Myanmar, and against the Yazidi human rights abuses. First published in On the four counts of violations of the women of Iraq, and the world has done noth- 2001 with a second edition in 2011, The laws of war: guilty. ing. The UN Security Council has the author- Handbook of Human Rights Investigation On the five counts of crimes against hu- ity to refer a country for investigation and has been translated into Serbo-Croatian and manity: guilty. prosecution in the ICC, even if the country Arabic, and is assigned in university and law On count 2, genocide: guilty. is not a party to the court. But, says Groome, school courses. War crimes tribunals typi- But on count 1, genocide: not guilty. The “our once courageous Security Council that cally bring together practitioners from many court said it “was not satisfied that the only once boldly used its Chapter 7 authority to cultures and diverse legal traditions; the reasonable inference was safeguard peace and security, manual gives them all a way to work together that the physical perpetra- to create the ICTY and ICTR effectively. Professor Dr. Guénaël Mettraux, tors possessed the required [the Rwandan tribunal], has a judge of the Kosovo Specialist Chambers intent to destroy a substantial proved dysfunctional and who was a legal advisor to an ICTY judge part of the protected group of impotent.” during the Milošević case, calls the Hand- Bosnian Muslims” in the mu- International tribunals book “one of, if not the, most useful practical nicipalities covered in count do great things. They bring to manuals” for human rights investigations. 1. One of those municipalities account perpetrators of war Two-and-a-half years into the Mladić was Prijedor. The court did, crimes. They offer credible trial, Groome left the tribunal to attend to however, find that Mladić forums for victims to tell the personal family issues in the United States. was guilty of ethnic cleansing truth to their tormentors and At that point, he had led the prosecution there. the world. They document and team during the prosecution’s case, and Mladić was sentenced to preserve the historical record. much of the defense’s case. His successor life imprisonment. And yet. was inheriting a truly tight team. “There was A month later, the ICTY The Frontline documentary, “People holding deeply a real sense of taking care of each other and closed its doors for good. Dur- The Trial of Ratko Mladi´c. rooted animosities are not recognizing the difficulties and the stresses ing its operation, a number going to abandon them when involved in the impacts on families that of other temporary war crimes tribunals confronted by a well-reasoned, thoroughly these trials had, and trying to mitigate that were also running (see sidebar). A perma- referenced judgment citing what happened,” by supporting each other,” says Groome, who nent tribunal—the International Criminal Groome says. “A tribunal can set the table for is now a law professor at Pennsylvania State Court in The Hague—was established in reconciliation. But only the people can pull University’s Dickinson Law School. 2002. The US helped draft the court’s rules up a chair.” Groome calls out the Serbian team mem- and procedures, but has never ratified it and bers for special recognition. “They devoted has refused to become a state party. In April Jeri Zeder is a contributing writer.

Winter 2020 BC LAW MAGAZINE 31 YOUNG WOMEN WHO’VE ENDURED THE FAILINGS OF THE JUVENILE JUSTICE SYSTEM FIND THEIR POWER IN A NEW ADVOCACY GROUP THAT BELIEVES THEY ARE THE TRUE AGENTS OF CHANGE. AS ONE OF THESE NEW ACTIVISTS PUTS IT: “I AM WHY WE WILL NO LONGER BE INVISIBLE.”

By DAVID REICH and VICKI SANDERS Photographs by IFRANCINE SHERMAN ’80 Am Why 32 Jazmine Banks, an I Am Why activist, is depicted here with her daughter in a photo collage she created in an advocacy training workshop. I Am Why GROWING UP, JAZMINE BANKS, A YOUNG WOMAN FROM SAN FRANCISCO, WAS PLACED IN MORE THAN TWENTY FOSTER HOMES,

York, Boston, Atlanta, San Francisco, and Chicago, and workshop alumnae, organized into a “curricu- lum team,” are currently working to put the work- had a child before she turned eighteen, and was housed by the domestic violence system in shops online, where they can be customized and a place that was dangerous for her and her daughter. “For so long I thought I was the only accessible to young women and young women’s person going through this,” she says. “A lot of youth have had the same exact experiences that programs nationally. Other teams are focusing on I have had. That’s what made me want to stand up for people…to use my voice for power…es- curating exhibits that connect young women’s art pecially for chocolate women.” to local issues, and conducting research to connect Banks found that voice in I Am Why, a kind of startup advocacy group with a national their experience to policy. A fourth team, com- reach that BC Law Professor Francine Sherman ’80 began in early 2017. It embodies two of prised of workshop alumnae who are mothers, will Sherman’s long-held ideas: that social policy should be made with the full participation of be developing policy and practice ideas for young those who have to live with it and that the primary purpose of lawyers who work with social mothers. Additional teams will be added as needed. change movements—popularly known as movement lawyers—should be to encourage and A lot of what has emerged in the workshops and support those who traditionally have been shut out of decision-making. interviews touches on how systems try to stifle I Am Why grew out of Sherman’s directorship of the Juvenile Rights Advocacy Project, a what girls and young women see as their own best BC Law School clinic, and her work on the 2015 monograph Gender Injustice, which she co- qualities. The system, Sherman explains, often wrote with Annie Balck, a former BC Law student and now a lawyer who works with I Am turns traits like outspokenness, courage, strength, Why and other social change groups. The monograph’s main thrust is that juvenile justice resilience, and self-determination into negative systems were designed—for the most part, poorly designed—for boys, and work even worse qualities that should be shut down, not nurtured. for girls, ignoring things like girls’ higher rates of trauma, their greater vulnerability to fam- In I Am Why, Sherman and Balck are practicing ily conflict and sexual abuse, and the enormous importance of relationships in the lives of movement lawyering, in which lawyers are there girls and young women. not to set an agenda or serve as the movement’s What if girls and young women, including those with experience in the system, helped public face but to perform other useful but less shape juvenile justice policies and those of other government programs that serve people like dramatic tasks behind the scenes. them, including the child protection and education systems? Would the policies better fit Sherman is doing this, in part, through pedago- girls’ and young women’s needs? gy, teaching BC Law students who are considering To answer the question, Sherman has been helping to organize workshops and to recruit careers as movement lawyers to see themselves as to I Am Why young women who have an interest in activism and experience with different value-added and not as the center of the movement. forms of oppression. Some of the recruits have been involved in the juvenile justice and child Balck sees her role as “helping craft a message welfare systems; some have experienced homelessness and endured gender-based violence; but not deciding what the message is.” Crafting some are single mothers. Others have had none of those experiences but suffer gender-based the message of I Am Why itself includes seek- oppression in their everyday lives. The vision is to build “young women’s individual and col- ing out social science research that supports the lective power,” Sherman says. young women’s calls for change. “Our systems Jazmine Banks was one of those recruits. In 2018 she participated in the I Am Why San are used to functioning in a certain way,” Balck Francisco workshop in partnership with the Young Women’s Freedom Center. She and nine explains. “What we’re trying to show [public other young women wrote and designed photo collage self portraits and discussed, as she policymakers] is that what they’re doing now recalls it, “What do we imagine and what do we see in the future for girls growing up like us?” is not effective—that it’s not a good use for the Today, Banks is an I Am Why consultant on issues related to motherhood, self-determina- taxpayers’ money, that it’s not good for reducing tion, and safety. Marshaling various communications resources—a video of her on the I Am crime, that it’s not good for getting young women Why website, brochures connecting her experience to research, and video conferencing—she to change their behavior.” has begun working with Massachusetts programs and young mothers across the country to Balck and Sherman, along with a profes- identify policies and practices that can give young mothers the power and support they need sional writer, also tailor the group’s message to for their children and themselves. an audience of agency heads and officeholders In the meantime, recruiting to I Am Why continues. Newcomers are interviewed in order by connecting it to data and other research and “to dig deeper into the content of the change they would like and to really understand what they translating it into “language that systems will see as positive change,” Sherman says. Advocacy training workshops have taken place in New hear,” says Sherman. All of this is done with an

34 BC LAW MAGAZINE Winter 2020 Professor Francine Sherman, far right, with colleagues and young women who have taken up the I Am Why challenge to become activists for policy change. They gathered at the Young Women’s Freedom Center in San Francisco.

WHAT IF GIRLS AND the San Francisco group involved in the I Am Why workshop that recruited Banks—to end YOUNG WOMEN, the incarceration of girls, replacing juvenile jails with community-based programs. INCLUDING THOSE Over last December’s holidays, the center sent I Am Why postcards of support decorated WITH EXPERIENCE IN with the members’ art to incarcerated young women in California. One postcard’s author, Lole THE SYSTEM, HELPED Kalani “K.I.” Finao, said, “...when you read the message you automatically feel supported, and SHAPE JUVENILE when you see the image on that IAW postcard you see determination, hope, resiliency, and you JUSTICE POLICIES see you. In the words of one of my center sisters: ‘No one comes for us, so we come for us.’” AND….GOVERNMENT In November, Sherman spoke on movement lawyering to the law school’s juvenile rights PROGRAMS THAT SERVE clinic, which was being run during fall semester by Visiting Professor Jessica Berry. Berry invited Sherman to speak so as to give students a broader context for their work in youth jus- PEOPLE LIKE THEM? tice systems. “Many of our clients are involved in several systems—juvenile justice, mental health, education, child welfare,” Berry says. “We’re focused on how to help little Jennie navi- gate the system, but I also wanted our students to think about how well the system is working for our clients and their families, and if it isn’t working well, how do we change that?” Student Accursia Gallagher ’21 came away from Sherman’s class impressed with the eye toward persuading the powerful to share client-centered nature of movement lawyering. “In some kinds of lawyering, “Gallagher says, some of their power with young women and girls. “you tell your client, ‘don’t talk,’ but not in movement lawyering, where the client has to be the For that to happen, of course, the powerful need to face of the movement.” Classmate Caitlin Maloney’s takeaway was that with movement law- be exposed to the message, and Sherman has been yering, “instead of taking over and solving problems for your client, you’re increasing clients’ providing them with I Am Why brochures and power, putting them in a position to enact the things they want to see. I view it as much more other materials, including videos, postcards, pre- sustainable, much more uplifting, much more effective at making long-term systemic change sentations, poster art, and research bibliographies. than traditional client representation.” The effort is in its early days, but system- The young women of I Am Why would agree. One of them, Jocelyn Mati, said as much in involved girls in Massachusetts have used an I Am the poem she embedded in her workshop photo collage: Why brochure recently to argue for more equal educational opportunities for girls of color. I Am “i AM RESILIENT / 10 years old, waking / up to BANG! BANG! / No not GUNSHOTS. / A Why materials are also being distributed in a cam- black property manager / with a white man in tow / here to reclaim this frame. / i AM WHY / paign by the Young Women’s Freedom Center— kids and families / won’t ever lose hope!”

Winter 2020 BC LAW MAGAZINE 35 Alumni News and Events of Note

GENERATIONS 36 CLASS NOTES 37

SPOTLIGHTS Hon. Phillip L. Weiner ’80 37 Young Lee ’94 39 Aliki Sofis ’09 40 Nina Harrison ’13 41 ALUMNI NEWS 42 CLICK 44 ADVANCING EXCELLENCE 46

GENERATIONS

Chris Warner ’19, far left, opposite his father, Mark J. Warner ’89, far right. Mark’s brother, Jim Warner ’92, is seated next to their brother-in-law, Walter Sullivan ’88. The portrait is of family patriarch, Hon. Joseph P. Warner ’61, father to Mark and Jim.

Photograph by 36 WEBB CHAPPELL Written and edited by Deborah J. Wakefield and Margie Palladino ’85

Class Notes We gladly publish alumni news and  photos. Send submissions to BC Law Magazine, 885 Centre St., Newton, MA 02459-1163, or email to vicki.sanders@ bc.edu. Because of space consider- ations, we are not able to publish alumni news regarding inclusion in Super Lawyers Magazine, The Best Lawyers in America, and similar rating entities.

Anthony A. McManus ongoing dedication in providing Associates in Stamford, CT, follow- was the recipient legal aid to the Marlborough (MA) ing retirement in 2016 from Bank of 63 of the 2019 Nixon- Senior Center. America Merrill Lynch. Zachos Award presented by the New Hampshire Bar Association for en- Christopher G. Mehne, Robert H. Farrell has during contributions to his commu- town moderator in retired from his nity as a lawyer and civic volunteer. 77 Shrewsbury, MA, was 82 position as associate He is retired from a decades-long recently elected president of the regional counsel for litigation at the legal career, during which he served Massachusetts Moderators Associa- Boston Regional Office of the US in the state legislature, managed tion. He notes that, while there may Department of Housing and Urban a private practice in family and be others, BC Law alumni Dennis Development. He joined the office in criminal law, and was a member of Berry ’73 and Michael Puzo ’77 also 1982 as a staff attorney and assumed numerous nonprofit boards and legal serve as Massachusetts moderators. responsibility in 1999 for managing associations. Mehne is a partner in Bowditch & the office’s litigation division. Dewey’s Worcester, MA, office and David P. Rosenblatt was named to Hon. James M. Cronin specializes in trusts and estates law. the Board of Directors of Lawyers is the author of Concerned for Lawyers, an indepen- HON. PHILLIP L. World of Shadows, Betty Brannan-Jaen, dent nonprofit organization and the WEINER ’80 69 Crowning Honor Being his first book of poetry, published vice president and only lawyer assistance program in last December by The Poetry Loft. founding member of Massachusetts. Prior to his appoint- knighted by the Cambodian 78 government makes him a He is retired as first justice of the the new Museum de la Libertad in ment, he was a member of the Mas- member of the Royal Order of Bristol (MA) County Division of the Panama City, Panama, spoke about sachusetts Supreme Judicial Court Sahametrei, the highest honor Juvenile Court. the museum, which is dedicated to Steering Committee on Lawyer bestowed upon a foreigner. freedom and human rights, at the Well-Being. Rosenblatt is manag- Previous Recipients Charles de Gaulle, Emperor Hirohito Hon. Bonnie G. Florida State University-Republic ing partner at Boston-based Burns of Japan, and Josip Broz Tito was awarded of Panama Campus in Panama & Levinson LLP, chair of the firm’s Wittner of Yugoslavia. Why Honored 72 an honorary Doctor of City. She is president of Fundación environmental group, and a member For his work training police and legal professionals in Laws from her alma mater, Whea- Democracia y Libertad, a nonprofit of its real estate group. ton College in Norton, MA, in May. created to contribute to the respect, criminal causation and responsibility, judicial integrity and She is an acting justice of the New defense, and advancement of human Scott P. Brown will independence, and conspiracy. York State Supreme Court in the 1st rights and democracy. assume the roles of Answering the Call Weiner Judicial District and a retired judge 85 president and dean originally went to Cambodia of the Criminal Court of the City of Hon. Phillip L. Weiner of New England Law Boston in to serve as chief of staff for the New York. Previously, she served was awarded the Roy- December 2020. Since graduation Investigative Judges Office in the Antitrust Bureau of the New al Order of Sahame- from BC Law, Brown has been a solo at the Khmer Rouge Tribunal, 80 charged by the UN to bring to York State Attorney General’s Office trei, conferred by the Government practitioner, judge advocate gen- justice the leaders of the Khmer as a staff attorney and later as deputy of the Kingdom of Cambodia, in eral, member of the Massachusetts Rouge, a genocidal regime bureau chief. recognition of his ongoing volunteer General Court in both the House of responsible for the deaths of work training Cambodian police and Representatives and the Senate, and almost a third of Cambodia’s population in the 1970s. David Strauss is legal professionals. a US senator for Massachusetts. He He’s Most Proud of Establishing a counsel to Global is currently US ambassador to New BC Law internship program at 75 Regulatory Legal at Scott Stevenson was Zealand and Samoa. The Hague that led to the Law School’s reputation as number Boston Scientific Corporation in appointed to the Board Marlborough, MA. He and the entire of Directors of the San Eric D. Daniels was one in the world for war crimes 81 tribunal internships. legal team at Boston Scientific were Miguel School, a mission-based La- honored by Hartford honored with the inaugural Alfred C. sallian school for boys from under- 86 Interval House, Con- Phillips Pro Bono Service Award by served populations, in Providence, necticut’s largest domestic violence MetroWest Legal Services for their RI. He is of counsel at Benanti & intervention and prevention agency,

Winter 2020 BC LAW MAGAZINE 37 New York, NY. As the first Ameri- representative for California’s 2nd can general counsel at Heineken, Congressional District and an early she created the legal department, proponent of the Green New Deal to helped to oversee many organiza- address climate change. tional changes as a decades-long Mary Duff Henry was elected member of the management team, president of the Peabody Federation and served as a strong advocate for of Teachers, Massachusetts Local the representation of women in the 1289 of the American Federation of HUSA workforce. Teachers Massachusetts, an affiliate The New York as one of the founding members of the AFL-CIO. DA Trio of the organization’s Men Make A Daniel G. Kagan Walter E. Judge was instrumental Difference, Men Against Domestic was honored with a in securing a $3.66 million verdict Classmates Christine Violence initiative. He is the partner 2019 Certificate of on behalf of his client Mansfield Keenan, David Hammer, 88 and Lisa Del Pizzo are not in charge of the Hartford office of Recognition by the American Asso- Heliflight, a Vermont-based aviation only celebrating their BC Robinson & Cole LLP, chair of the ciation for Justice. A trial attorney company. The case involved allega- Law twenty-fifth reunion this firm’s product liability practice with Berman & Simmons PA in tions of fraud and tortious interfer- year, they are also celebrating group, and a founding member of its Lewiston, ME, and a leader in legal ence against the defendant, an air- twenty-five years of working together at the New York County manufacturing industry team. education, he has written several craft brokerage firm in New Jersey, (Manhattan) District Attorney’s Maryam Elahi was one of four legal articles, is a frequent present- relating to the purchase and sale of Office. The three met as 1Ls in 2018 “One Woman Makes a Dif- er on tort law and trial advocacy, a Gulfstream corporate jet. He is a the Class of 1995, participated ference” honorees named by the and is a contributing author for A senior partner in the Burlington, in the prosecution clinic as 3Ls, Connecticut Women’s Education Practical Guide to Superior Court VT, office of Downs Rachlin Martin and joined the Manhattan DA’s Office upon graduation. and Legal Fund. She is president Practice in Maine. He is a member PLLC and focuses on business litiga- Hammer started out and chief executive officer of the of the Maine Trial Lawyers Associa- tion issues. prosecuting misdemeanors Community Foundation of Eastern tion and the American Association ileta A. Sumner, founding general and then violent street crimes, Connecticut in New London, CT, for Justice. counsel of the Battered Women and including homicides. Del Pizzo and has served the international Children’s Shelter in San Antonio, prosecuted a wide variety of violent crimes, including sex human rights community as an Robin M. Pearson is TX, was awarded an Honorary crimes and homicides. Keenan advocate, teacher, and grant maker the 2019 recipient Lifetime Membership in recognition handled all different levels of for more than twenty-five years. of the Outstanding of her accomplishments with the street crime, including homi- 89 Marcia Belmonte Young is the Woman Lawyer Award presented by Bexar (TX) County Women’s Bar. cides, and specialized in long- author of Visit House Museums: the Women’s Section of the Contra Sumner is the fifth person in the as- term investigations into gangs and combatting gang violence. Cape Cod, Martha’s Vineyard, and Costa County Bar Association. A sociation’s history to be so honored, Hammer and Del Pizzo now Nantucket, available on Amazon past president of the association, she and its only African American past serve as Bureau Chiefs of Trial as a paperback or ebook. The book has also served as president of the president. She is the author of a two- Bureaus, and Keenan is a Se- includes descriptions of thirty-five Black Women Lawyers Association part article in San Antonio Lawyer, nior Trial Counsel handling the historic properties, from modest of Northern California and chair of a publication of the San Antonio Bar most difficult and noteworthy cases in Manhattan. 17th century homes to mansions, the State Bar of California Council Association, on the life and death of All three credit their Law and includes practical information on Access and Fairness. She is a Emmett Till. School education and profes- for planning a visit. She is also a partner in the Walnut Creek, CA, sors with instilling in them contributor to the Vita Brevis blog of office of Ropers Majeski Kohn & Kelly L. Wilkins, vice the desire to seek justice, no the New England Historic Genea- Bentley PC and focuses her practice president and senior matter where it leads, and to do the right thing in every case. logical Society. Her website is www. on real estate issues. 91 counsel at Wells Fargo Reflecting on the impact of visithousemuseums.com. in Charlotte, NC, provides counsel BC Law on his career, Hammer Jared W. Huffman was on cybersecurity and information notes, “It was the ethos of do- Julie M. Kinch has a member of a delega- security, compromised data, opera- ing justice and always striving to left her role as senior tion that accompa- tional resiliency and preparedness, be fair that was imparted to me 90 from numerous professors at 87 vice president and nied House Speaker Nancy Pelosi and cyber regulations. She was pre- BC Law, and this is what I teach chief legal officer of the American to the UN Climate Change Confer- viously a partner at Snell & Wilmer to young assistants today.” branch of Heineken USA (HUSA) in ence in Madrid, Spain. He is the US LLP in Phoenix, AZ.

38 BC LAW MAGAZINE Winter 2020 ESQUIRE Class Notes

Anthony E. Varona was Boston office of Burns & Levinson environmental impact of cannabis named dean of the LLP and co-chair of the firm’s intel- cultivation in California. 92 University of Miami lectual property group. Debra Moss Vollweiler was ap- School of Law in Coral Gables, FL, David J. Stubenvoll was named pointed interim dean of Nova and is the first dean to hold the M. a 2019 Mountain Desert finalist in Southeastern University Shepard Minette Massey Chair in Law. For- the Ernst & Young Entrepreneur of Broad College of Law. She is a ten- mer professor and dean of faculty at the Year Awards. He is co-founder ured professor at the college of law American University Washington and chief executive officer of Wowza and has served as associate dean for College of Law in Washington, DC, Media Systems in Golden, CO, academic affairs since 2017. Varona is considered a trailblazer which was launched in 2005 as a Scott L. Weber, a partner in the in the fields of media and sexuality startup to simplify and improve New York, NY, office of DLA Piper, law. He continues as chair of the media streaming and is now an is also a member of the firm’s litiga- Host and Planning Committee for award-winning industry leader in tion practice. Former executive the Fourth National People of Color streaming technology. Described vice president and general counsel Legal Scholarship Conference, is a as a “serial entrepreneur/intra- of CNA Financial Corporation member of the Executive Commit- preneur,” he has founded or been in Chicago, IL, he has extensive tee of the Association of American involved at the outset of five suc- experience in complex federal and Law Schools Section on Teaching cessful startups, including Adobe state civil and criminal litigation, Methods, and serves on the boards Systems, Freeworks, Intuit, and regulatory actions, and government YOUNG LEE ’94 of the Stonewall National Museum GALT Technologies. investigations. Standout Only the second Ko- and Archives and the International Elizabeth A. Talia was named a 2019 rean-American vice president at Amazon, a company with more Telecommunications Satellite Corporate Counsel Award honoree Young Lee is vice than 750,000 employees. Leap Organization Program on Interna- by the Daily Record in Rochester, NY, president of busi- of Faith He pivoted profes- tional Communications Regulation for her professional achievement, 94 ness development at sionally to the tech world, first and Policy. community leadership, and commit- Amazon.com in Seattle, WA, and is in a start-up, then at leading ment to mentoring. She is general only the second Korean American consumer technology companies like Expedia and Amazon. Karen J. Crawford, counsel and vice president of legal to hold this position. He previously com. Perk of the Job A big owner and manag- and regulatory affairs at Thompson served as vice president of business Star Wars fan, he met Mark 93 ing attorney of the Health in Canandaigua, NY. development for WhitePages.com. Hamill, aka Luke Skywalker, at a Law Office of Karen J. Crawford in Nicholas William Targ, a partner John F. Ventola was named a fel- recent Amazon MARS confer- Austin, TX, focuses her practice on in the San Francisco, CA, office of low of the American College of Bank- ence, which brings together family immigration, asylum and Holland & Knight LLP, is co-chair ruptcy. He is a partner at Boston- innovative thinkers in machine learning, automation, robotics, humanitarian programs, naturaliza- of the firm’s national environmen- based Choate, Hall & Stewart LLP and space. Where He Can tion, and removal defense. She is a tal team and focuses on complex and co-chair of the firm’s finance and Be Found After Hours “At a commissioner on the City of Austin redevelopment projects, environ- restructuring practice group. good restaurant, with my family Commission on Immigrant Affairs, mental compliance, and govern- Ellen J. Zucker was presented and friends, eating and drinking currently serving in her third term ment advocacy. His projects include a 2019 Women Worth Watching good wine.” If You Could Add One More Hour to the Day as chair. large-scale brownfields restoration, Award by Profiles in Diversity Jour- “I would spend it finishing the Deborah J. Peckham was named the permitting and NEPA com- nal. She is a partner in the Boston book I can’t seem to finish, or a 2019 Women Worth Watching pliance with the federal Bureau office of Burns & Levinson LLP and watching Watchmen, or hitting Award winner by Profiles in Diver- of Land Management (BLM) for a member of the firm’s business the tennis ball with my son.” sity Journal. She is a partner in the the Burning Man Project, and the litigation and dispute resolution, employment, and white-collar criminal defense practice groups. ALUMNI ASSOCIATION NOTICE She recently reached at $13 million settlement with Massachusetts Gen- On November 6, the Alumni Association will hold its Alumni Board meeting eral Hospital for her client, a surgeon and annual Assembly Meeting at BC Law. Elections for 2021 Alumni Board who sued for wrongful termination members will be held during these events. Anyone who has volunteered for BC Law between June 2019 and November 2020 is eligible to vote. Please visit after expressing concerns about bc.edu/lawalumni for more information about the association and this election. double-booked surgeries.

Winter 2020 BC LAW MAGAZINE 39 ESQUIRE Class Notes

David Hammer writes Association Section on Environ- cies nationwide, with seventy-five that he and class- ment, Energy, and Resources, and employeees. 95 mates, Lisa J. Del Pizzo is a member of the boards of the Janelle Kuroda, a senior policy ad- and Christine S. Keenan, joined the American Wind Wildlife Institute visor at the US Department of State, New York County District Attorney’s and the Vermont Conservation Law was promoted in August to the rank Office in New York, NY, follow- Foundation. of commander in the US Navy. ing graduation, and are still there. Andrew M. Sodl is cofounder of Hammer and Del Pizzo are assistant Jenny Kim is the Sodl & Ingram PLLC, a commercial district attorneys, and Keenan is a deputy general real estate firm in Jacksonville, senior trial counsel. 02 counsel and vice FL, and focuses his practice on Ingrid Chiemi Schroffner, associate president of public policy for Koch banking, finance, and corporate general counsel at the Massachu- Companies Public Sector LLC in transactions. He was previously a setts Executive Office of Health and Washington, DC. partner in the Jacksonville office of Human Services, spoke on the topic Akerman LLP. of unconscious bias at a diversity Peter F. Durning is the ALIKI SOFIS ’09 and inclusion panel at Suffolk Law new managing part- Alistair “Sandy” Chris- Wins A $98.5 million award for School in December sponsored by ner of Mackie Shea topher is a partner in client LoJack in an arbitration in 03 Massachusetts Lawyers Weekly Durning PC in Boston and focuses the New Haven, CT, Hong Kong (one of the largest 05 and Color Magazine. Tommy Shi ’89 his practice on environmental litiga- office of Withers LLP and a member ever decided in the region) and a jury verdict of non-infringe- moderated. tion, enforcement defense, land use, of the firm’s private client and tax ment on all patents at issue on and permitting, with a specific focus team. He is a frequent writer and behalf of Markforged in an James G. Murphy, on water and wetlands-related mat- speaker on estate planning topics. expedited twelve-week, file- legal advocacy direc- ters. He is an active member of the Amanda S. Eckhoff was elected a to-trial jury trial in the District tor of the National Environmental Business Council of fellow of the American College of of Massachusetts. Describe 97 Wildlife Federation, was named New England and serves as chair of Mortgage Attorneys. She is a part- Yourself in One Word “Driven.” Her Secret Sauce director of the Vermont Law School the organization’s Water Resources ner in the Boston office of Robinson “Litigation is a team sport—ev- (VLS) Environmental Advocacy Committee. & Cole LLP and a member of the erything we do encourages Clinic, which was recently selected firm’s real estate and development teamwork, and our successes as the federation’s legal counsel. Scott T. Buckley is practice group. in and out of the courtroom are highly dependent on An assistant professor at VLS in vice president of collaboration.” Her Reset South Royalton, VT, he is a frequent 04 client services and Pratt N. Wiley is Button During Major Trials speaker and has published exten- former director of legal services at president and chief or Inflection Points “I get sively on water policy and law, trans- Circle Surrogacy in Boston. With executive officer outside. Fresh air gives me fresh 06 portation and smart growth, and Circle since 2003, he has been of The Partnership, Inc., a Boston perspective.” Top Job Being a proud mom to two boys. energy production. Murphy serves instrumental in growing a small nonprofit that makes corporations on the editorial board of Natural surrogate parenting agency with and institutions more competi- Resources and Environment, a a staff of four to one of the largest tive in an increasingly diverse and publication of the American Bar surrogacy and egg donation agen- global economy by promoting and

IN MEMORIAM

Robert D. O’Leary ’49 Albert E. Good ’59 William B. O’Keefe ’65 Gerald Cohen ’70 Jeffrey T. Letzler ’79 Thomas D. McManus ’51 Robert F. Sylvia ’62 John William Richard G. Hamann ’73 Mark V. Nuccio ’83 John E. Connors ’52 John D. Arenstam ’63 Kaufmann ’66 Gary R. Miller ’74 Clifton Boone ’84 Albert R. Annunziata ’56 Richard M. Doherty ’63 John Francis Murphy Jr. ’67 Pauline M. Olsen ’75 Pasquale J. D’Orsi III ’84 Wilfred J. Baranick ’56 Kenneth R. Nickerson ’64 Thomas E. Clinton ’68 Thomas A. Wirtanen ’77 Peter S. Canelias ’89 Edward E. Williams ’57 Francis Barry Maher ’65 Dennis L. Hallisey ’68 Gregory Read ’78 Paul A. Nappi ’89 Richard L. Curley ’59 Robert E. McGinness ’65 William J. Kaschub ’68 Daryl L. Diesing ’79 Craig Robert Nickerson ’93

40 BC LAW MAGAZINE Winter 2020 supporting multicultural profes- foreign law enforcement agencies sionals in the workforce. As the in Latin America and Europe. organization’s former senior executive consultant, he was responsible Angela M. Arroyo, a le- for its expansion outside of New gal specialist with the England and its C-Suite Program. 09 United Nations De- He was previously national director velopment Programme in New York, of voter expansion for the Demo- NY, focuses on employment and cratic National Committee in the labor issues for United Nations em- Obama Administration. ployees worldwide and continues to work on sexual harassment, abuse, Eric B. Reustle is an as- Joseph F. Kadlec was and exploitation policy reform. She sociate at Boston-based NINA HARRISON ’13 named a “40 Under was previously in the Legal Office Krokidas & Bluestein Goal As a racial justice fellow 11 at the Massachusetts Legal 40” honoree for 2019 of the World Food Programme in LLP and concentrates his practice 07 Assistance Corporation, she by Philadelphia Business Journal. Rome, Italy. on nonprofit and public law. He was hopes to mitigate the effects A partner in the Philadelphia, PA, Kelly E. Reardon was elected previously an attorney at Casner & of racial bias in the criminal office of Pepper Hamilton LLP and managing partner of The Reardon Edwards LLP in Boston. justice system and challenge a member of the firm’s corporate Law Firm PC, a nearly 100-year-old rules and policies that have and securities practice group, he firm in New London, CT, that spe- Steven S. Chen was pro- a discriminatory effect. Her also maintains an active pro bono cializes in serious personal injury moted to deputy chief Place in Ten Years Would like to be doing systemic advo- practice, representing boards and and wrongful death litigation. She 13 human capital officer cacy work for racial justice and nonprofit entities in governance and succeeds her father, Bob Reardon, for the Boston Public Schools from teaching at an undergraduate strategic transaction matters. who remains an active partner in his position as the district’s director or law school. Extracurricu- the firm. of training and accommodations. lar Activities Has traveled to twenty-six countries, loves John P. Condon is a Aliki Sofis is a partner in the Nina L. Harrison was awarded to cook, and is obsessed with partner in the Boston Boston office of Quinn Emanuel the 2019 Racial Justice Fellowship Grey’s Anatomy. Last Impact- 08 office of Mintz Levin Urquhart & Sullivan LLP. She han- by the Massachusetts Legal As- ful Book Read Just Mercy. and focuses his practice on corpo- dles a wide variety of plaintiff-side sistance Corporation. The two-year Inspiration “My mother—she rate and securities law matters with and defendant-side disputes and fellowship will support her work at is a brilliant problem-solver, a an emphasis on the biotechnology, has secured successful outcomes on Community Legal Aid in Worcester, phenomenal nurturer, and she does everything in her life to a medical device, and technology high-stakes, high-dollar jury trials MA, where she helps former inmates standard of excellence.” industries. and arbitrations domestically and in Central and Western Massa- Matthew B. Harvey is a partner at internationally. chusetts reintegrate into society. Morris, Nichols, Arsht & Tunnell Previously, she was a staff attorney LLP in Wilmington, DE, and a mem- Jennifer Barrow, RSM at the Responsible Parent Project of ber of the firm’s business reorganiza- professed her final the Rhode Island Legal Services in tion and restructuring practice. 10 vows as a member of Providence, RI. Andres F. Torres is a recipient the Mid-Atlantic Community of the of the Thomas E. Dewey Medal, Sisters of Mercy of the Americas in Katherine English Gal- presented annually by the New York June. She currently ministers as an loway married Arlen City Bar to outstanding assistant immigration lawyer in the Housing 17 Sullivan Galloway in district attorneys in the city’s Unit at Brooklyn Legal Services in Richmond, VA, in May. Classmates District Attorney’s Offices and the Brooklyn, NY. Mary Delsener and Brittany Campbell Office of the City’s Special Narcot- David Fox was recognized by the Morreale served as bridesmaids. ics Prosecutor (SNP). A senior Legal Services of Northern Califor- Other BC Law attendees were supervising attorney at SNP, he has nia (LSNC) for his bro bono efforts, classmates Jennifer Lang, Miguelina led several successful prosecutions along with other members of his Mercedes, Morgan Sellers, and Cole against national and international firm, Downey Brand, in supporting Goodman ’16. Galloway is an associ- drug trafficking organizations, the victims of the 2018 Butte County ate at Verrill Dana LLP in the private working with the DEA, NYPD, and Camp Fire. clients and fiduciary services group.

Winter 2020 BC LAW MAGAZINE 41 ESQUIRE Alumni News “Our family would rather be passing out hugs and shaking hands for someone doing what is right, than watching them go to jail for standing by and doing nothing.” SANDY COFFEY, speaking of a law named for her son who died in a hazing incident.

Since 2000, fifty-six fraternity pledges at American it drew national headlines for its Broken colleges and universities have died performing hazing immunity provision. To ensure rituals, often the victims of alcohol-fueled initiation immunity, a person—who can Pledges rites, according to Miami lawyer David Bianchi ’79. In the current include the perpetrator—must academic year alone, there have been five such deaths. stay at the scene until help ar- David Bianchi takes his fight Bianchi, a partner with Stewart Tilghman Fox Bianchi & Cain, rives. Meantime, Andrew’s Law against the deadly rite of has investigated dozens of hazing complaints, winning multi- poses criminal penalties for those college hazing from the court million dollar judgments for a number of families left to make who had a role in planning hazing house to the state house. sense of the ongoing nightmare. With the November 2017 death activities, even if they weren’t at BY ANDREW FAUGHT of Florida State University pledge Andrew Coffey, he went a step the scene of a tragedy. further: Bianchi helped to write Florida’s “Andrew’s Law,” notable Coffey drank an entire bottle of for promising immunity to the person who calls first responders if Wild Turkey bourbon, but was left a pledge suffers life-threatening injuries. to die on a couch because fraterni- Bianchi is not stopping there; he has made it his life’s work to ty members “were all afraid to call halt the gruesome trend. Most recently, he spent a month last fall for help because they thought they traveling the state, speaking to thousands of fraternity and soror- would get in trouble for hazing,” ity members about the dangers of hazing, its legal consequences, Bianchi says. “So no one called, and Andrew’s Law. “It’s gotten worse over time, not better,” says even though there were about a Bianchi. “It’s simply the result of having young people go away hundred people in the house.” from home, and live in a house unsupervised, where alcohol is He believes Coffey could have put into the mix.” survived had paramedics reached Above, David Bianchi ’79 (right) with law firm colleague Michael Levine; below, their victory Experts call Andrew’s Law one of the “most cutting-edge” him in time and transported him announced in New York’s Times Square. responses in the country. When Florida enacted the law in June, to the hospital. His blood alcohol level was 0.447, about six times the legal limit to drive. Bianchi settled the civil case with all fifteen defendants, while criminal charges are pending against some members of Pi Kap- pa Phi. (The Florida State chapter was subsequently disbanded). Other defendants pleaded guilty and have completed their prison sentences. Coffey’s mother, Sandy Cof- fey, is hopeful that other states will follow suit with laws like Andrew’s. “One phone call could spare another family the grief we now endure every day,” she says. “Our family would rather be passing out hugs and shaking hands for someone doing what is right, than watching them go to jail for standing by and doing nothing.” Andrew’s Law was not Bi- anchi’s first legislative success. He represented another victim and was a driving force behind an earlier Florida law—the Chad Meredith Act, after a University

42 BC LAW MAGAZINE Winter 2020 Barrow says as a kid she had to become her own best advocate. Now she does the same for others.

of Miami pledge who drowned— which in 2005 made hazing a A Calling first-degree misdemeanor or a third-degree felony if the activity Fulfilled in question resulted in injury or Barrow professes her death. At the time, it was one of vows as a Sister of Mercy. the toughest laws in the nation. BY VICKI SANDERS Forty-five states have hazing laws, but not all of them charge offend- “You never know what is going to catch ers with felonies. your heart until you encounter it, and In the Meredith case, a jury immigration did that for me,” Jennifer awarded the parents $14 million Barrow, then a 3L, said in an interview (after Bianchi sued the fraterni- with BC Law Magazine in 2010. She was ty’s president and vice president), referring to her pre-law-school volun- then the largest fraternity hazing teer work with immigrants and refu- verdict on record. gees in Latin America and at the Texas Bianchi has several times been Mexico border. “I find I have great empathy for people who named Miami lawyer of the year Last June, her heart leapt again, this time are suffering because I know a thing or two for representing people who were when she professed her final vows as a Sister of about working through difficult issues,” Barrow injured as a result of defective Mercy of the Americas during a ceremony in Mer- explained. “But there is something about the products—he obtained the first ion Station, Pennsylvania. Inspired by the ideals experience of discovering joy and building char- defective airbag verdict, in the of social justice and Catholic social teaching, acter through seemingly hopeless situations that United States, against Mercedes- Barrow continues to minister as an immigration transcends borders.” Benz—and for his accomplish- lawyer at Brooklyn Legal Services in New York. Amen. ments in personal injury litigation. But it is for his battle against hazing that he is known far and FIVE ALUMNI WIN BBA FELLOWSHIPS BROWN TO HEAD wide; he frequently receives calls NEW ENGLAND LAW from families during the fall Greek When his term as US ambassador to New The Boston Bar Association’s at WilmerHale. He frequently pledge season. “Fraternity leader- Zealand and Samoa ends next fall, Scott 16th Public Interest Fellowship volunteers at the Volunteer Law- ship continues to do this because Brown ’85 will become president and dean Program (PILP) includes five yers Project’s Lawyer for a Day they’ve gotten away with it for of New England Law School in Boston. BC Law graduates. Each is cur- Program at the Boston Housing so long, and they think they can A longtime politician who served rently serving a fourteen-month Court, represents veterans before as a state representative and senator in fellowship term. discharge review boards, and continue to get away with it,” says Massachusetts, he won a special election Jessica Galimberti ’12 helps manage WilmerHale’s legal Bianchi, who was not a member of to the US Senate in 2010 following the Galimberti is associate general clinics for the homeless. a fraternity as an undergraduate at death of Senator Ted Kennedy. Brown was counsel at Accion, a global non- Blair Rinne ’14 Rinne is an Tufts University. “They feel they the first Republican to fill that seat since profit committed to creating a associate in Brown Rudnick’s have some sort of duty or obliga- Edward Brooke in 1972. Subsequently, financially inclusive world with White-Collar Defense & Govern- Brown lost to Elizabeth Warren in his run a legacy in microfinance and ment Investigations Group. tion to perpetuate the traditions.” for a full senate term in 2012 and two years fintech impact investing. Her pro bono practice includes Bianchi’s mission remains later became the Republican nominee for Mathilda McGee-Tubb ’13 representing clients before the daunting. Hazing, which is de- the US Senate in New Hampshire. He was McGee-Tubb is an associate in US Immigration Court and the fined as any act that intentionally later nominated by President Trump for the litigation section at Mintz. US Citizenship and Immigration causes embarrassment, harass- the ambassordship and has been in New She has worked on a variety of Services in matters referred from Zealand since 2017. immigration matters in a pro Kids in Need of Defense (KIND). ment, or ridicule—while also risk- Among his involvements out of public bono capacity, including helping Sajid Shahriar ’16 Shahriar is ing emotional or physical harm— office, Brown practiced law for a time at an immigrant secure release from an Equal Opportunity Specialist dates back to the late 1800s. Since Nixon Peabody and was on the advisory ICE custody after nearly a year at the US Department of Housing 1953, except for 1958, when there board of Airtronic USA/Global Digital of detention, and representing and Urban Development (HUD) was no reported hazing death, the Solutions. Brown will join New England non-citizens seeking Special Im- in the Office of Fair Housing and Law in December. migration Juvenile status. Equal Opportunity, where he en- United States has tallied at least Yavor Nechev ’14 Nechev is forces the Fair Housing Act and one death every year, according to a senior associate in the Securities related federal civil rights laws in

BARROW: JACOB SILBERBERG ’12 SILBERBERG JACOB BARROW: the Hazing Deaths Database. Litigation and Enforcement Group the New England region.

Winter 2020 BC LAW MAGAZINE 43 ESQUIRE Click

REUNION WEEKEND 2019

Just when you thought a Bos- ton College Law School reunion couldn’t get any better, along comes Reunion 2020. Some 650 re- unioners, Dean’s Council members, and guests attended the two-day celebration November 1 and 2. The festive Four Seasons Hotel Boston set the tone for Saturday’s Dean’s Council reception, reunion dinners for classes ending in 4 and 9 and those who graduated fifty or more years ago. Speeches, high- fives, and laughter were on the menu alongside the hotel chef’s cornucopian repast. That capped an afternoon that included tours of the Boston Athenaeum and Isabella Stewart Gardner Museum, the Class of 1969 luncheon, and Black Alumni Network annual meeting. Friday was animated by campus tours, classroom visits, the Alumni Assembly meeting, presentations by the Rappaport Center on “Pot and Parity” and the Innocence Program on its efforts to free wrongly convicted Omar Martinez last spring. The day ended with a welcome back dinner and “Bar Review.”

For more on Reunion, read the letter by Joan Lukey ’74 and the 2019 Reunion Giving Report beginning on Page 48.

44 BC LAW MAGAZINE Winter 2020 Photographs by CAITLIN CUNNINGHAM To see more Reunion 2019 photos, go to lawmagazine.bc.edu. Winter 2020 BC LAW MAGAZINE 45 ESQUIRE Advancing Excellence

DONOR PROFILE A Loyalist to the End Mark Nuccio’s unwavering support revealed a powerfully generous nature. BY MELISSA BAERN

Mark V. Nuccio ’83 valued excellence—exemplified, he believed, by both his alma mater and his law firm, Ropes & Gray. Nuccio, who died suddenly in July 2019, remained closely involved with BC Law throughout his life, forging important ties between the school and his firm that benefitted both. When he arrived at the A Double Eagle himself, parent of three firm in 1983, Ropes & Eagles, and relative of many more, Nuccio Gray had hired only a few believed deeply in BC Law’s mission of educa- BC Law graduates in its tional excellence, unqualified professionalism, history. That was about and social and economic justice for all. “He to change—largely due to was very committed to the school,” says his Mark Nuccio ’83. daughter, Catherine Nuccio Pagliarulo. “It pro- pelled his career to a high level and he believed in paying that forward,” which he did as a mentor, volunteer, and philanthropist. lawyers begin their careers with the firm, they edge that was very important to our firm. In a Nuccio began giving back to the Law School will be walking a path made smooth by years of world that requires law firms to compete for in his earliest days as a graduate. The Mary Nuccio’s work. the best talent, BC Law has been a critically and Vincent Nuccio BC Law Scholarship Fund, Nuccio joined Ropes upon graduating from important source of strong, committed, collab- which he established in honor of his parents, BC Law. He would eventually become a partner orative lawyers who prosper in the culture that was particularly important to him. Vincent in asset management practice in Boston and Ropes & Gray has developed.” Nuccio, a 1949 graduate of the University, leader of the firm’s bank regulatory practice. Montgomery, who joined the firm the year played a major role in establishing the Lynch When he arrived at the firm in 1983, Ropes before Nuccio, laughs when he recalls the School of Education and Human Development, had hired only a few BC Law graduates in its dearth of BC graduates then: “It was lonely!” where he remains professor emeritus. “It all history. That was about to change—largely due The cadre of law alumni who eventually joined started with my grandfather,” says Pagliarulo. to Nuccio. the firm formed strong ties. A small group of “All of his children and many of his grandchil- “It was a time that law firms, including them, including Nuccio, met frequently for dren went to BC. We grew up going to all the Ropes, were expanding nationally and glob- lunch over the decades, a legacy that will live BC football and basketball games.” ally, increasing competition for the best law on with a gift to BC Law honoring Nuccio made Supporting deserving law students in need students,” recalls John Montgomery ’75, who by the “lunch bunch.” of financial help was, Nuccio believed, a fitting retired from Ropes as managing partner in Nuccio’s determination to forge close ties legacy and an important expression of his fam- 2013. “Mark almost immediately began recruit- between his firm and BC Law was typical, ily’s love for the University. ing at BC Law and never stopped.” says his daughter. “I think his friends and It is not Nuccio’s only legacy at BC Law. Ropes is immeasurably stronger today colleagues would say he was the most loyal When Ropes interviews prospective associ- thanks to Nuccio’s tireless work building those person they knew. He was simply unwavering ates on campus this summer, Nuccio’s impact connections, says Montgomery. “His very close in his loyalty to the institutions and the people will be felt there, too. And when those young relationships with the Law School gave him an he cared about.”

46 BC LAW MAGAZINE Winter 2020 NEW FUNDS

Fundraising efforts were launched recently to establish two new endowed funds, each exemplifying a Bloom Provides Care quintessential BC Law tenet: The community takes During Crisis care of its own. Both funds were initiated by alumni Seed donor hopes colleagues will join the effort. who saw a need, and stepped forward to help. When fully funded, the LGBTQ Legal Equality Scholarship While students plan tu- Fund and the Professor Robert M. Bloom Emergency ition, rent, and other living Aid Fund will offer vital new avenues of support expenses during their three for students. If you are interested in making a charter years at BC Law, unexpect- gift of any size to either of the new funds, please ed life events can threaten their success. The Profes- contact Maria Tringale, director of development, at sor Robert M. Bloom Emer- [email protected] or 617-552-4751. gency Aid Fund, initiated by a gift from Bloom ’71, will offer critical support in Guardians of Equality times of crisis. Robert Bloom recalls that when Alumni invited to share in LGBTQ initiative. Bloom ’71 he was a student and one of his classmates had a baby, The LGBTQ Legal Equality seed funding for the training of fu- Dean Richard Huber helped Scholarship Fund will offer finan- ture lawyers who will be the needed financially and Professor James Houghteling chipped in clothing cial aid to students dedicated to promoters and guardians of that and furniture. That inspired Bloom when he became a BC Law advancing the needs and interests vision of equality.” professor himself. “I have been in the fortunate position person- of the LGBTQ community. Commitments totaling just over ally to be able to help students with buying books, providing air- Tom Gaynor ’01, an attorney at $100,000 have been received thus fare for family emergencies, and countless other acts of tzedakah DLA Piper in San Francisco, ex- far. Efforts are now under way to [Hebrew, meaning ‘giving to promote justice’],” he says. plains why he’s taken a lead role in reach the goal of $250,000 in order The Emergency Aid Fund aspires to become part of the tradition this effort. “As a Jesuit law school, to name the first Legal Equality of caring for students that “makes BC Law special,” Bloom says. Boston College has been, and must Scholar. Until then, income from Bloom has seeded the fund with a $20,000 donation. If continue to be, a first leader in the the fund will be used to support $100,000 is raised by May 31, a permanent source of crisis as- quest for social justice and legal financial aid. sistance will be established. If that total is not met, the monies equality for LGBTQ individuals,” The LGBTQ Legal Equality raised will be used towards the purpose, but an endowed fund he says. “It is an honor to provide Scholarship Fund initiative is cannot be established. aligned with another development at Boston College, the establish- HOW SCHOLARSHIP ment of the LGBTQ+ Alumni PROFESSORS MAKE A DIFFERENCE FUNDS HELP Council, which last spring joined Professor Robert Bloom joins four other distinguished faculty members Funds like the new LGBTQ Legal the University’s roster of more than honored by funds bearing their names. The investments made by these Equality Scholarship Fund are professors—and the alumni, faculty, students, and others who have aug- crucial to the Law School’s continuing a dozen identity and professionally mented them—further the mission and strengthen the community of BC excellence and diversity. based alumni affinity groups. The Law. Gifts may be made to one of these funds or in honor of any BC Law organization is a forum for dia- professor or program. logue, connection, and education 1,680 among BC alumni who identify as The Professor Hugh J. Ault and Named in honor of Professor Howe BC Law donors support financial lesbian, gay, bisexual, transgender, Martina David-Ault Fund: Estab- by alumni and friends of the Black aid through annual gifts or queer, or an ally. lished by Professor Ault and his Alumni Network (BAN) to provide wife to provide financial aid to a a scholarship for a student who has deserving law student. demonstrated a commitment to the Black and/or African-descent 69 The Ingrid Michelsen Hillinger Pub- community at BC Law or in under- Endowed scholarships lic Interest Legacy Fund: Established represented communities. by Professor Hillinger to support the Public Interest Law Foundation The Professor Sanford N. Katz 177 (PILF) summer stipend program. Scholarship: Established by Profes- Scholars whose financial aid sor Katz and Boston College Law awards are made possible through To m The Ruth-Arlene W. Howe ’74 to provide financial aid to a deserv- contributions Gaynor ’01 Black Student Leadership Initiative: ing law student.

Winter 2020 BC LAW MAGAZINE 47 MISSION ACCOMPLISHED / REUNION 2019

Boston College Law School Reunion weekend proved to be as enjoyable and reward- 2019 ing as I had hoped. The energy was palpable and it was wonderful to see my old friends, as well as other BC Law alumni reunion celebrating our law school alma mater. I was inspired by the many ways BC Law continues to have an impact on society and works giving to address the complex issues of our time. Hearing from Omar Martinez about how BC Law Innocence Program staff attorneys and students worked tirelessly to overturn the report wrongful conviction that took nearly twenty years of his life illustrated how the Law School GIVING TOTALS LEADER BOARD lives out its mission of “Justice for All.” I also saw many examples throughout the weekend of faculty members and alumni 5-Year Total: $250,000+ $50,000+ Anne O. McCrory ’89 continuing meaningful mentor relationships $6,933,869 James M. Kennedy ’84 John F. Bronzo ’74 Debra C. Moll ’84 years after the alumni graduated, and faculty Paul E. Sullivan ’69* Richard P. Campbell ’74 Jonathan L. Moll ’84 Brian J. Knez ’84 Catherine O. members still providing needed expertise and Reunion Cash Total: $100,000+ Elaine S. Ventola ’94 Murphy ’79 perspective on their former students’ careers. Lauren S. Rikleen ’79* John F. Ventola ’94 George J. Murphy ’79 $874,879 Joan Lukey ’74* Participation in such a multi-generational Jo Ellen Ojeda ’79* June 1, 2018– Daniel J. Wright ’09 $25,000+ event offers incredible insight into the true na- December 31, 2019 Miriam M. Shearing ’64 Thomas A. Zaccaro ’84 ture of the BC Law community. While we might $75,000+ Kathleen Street ’89 have chosen different career paths and settled Class Participation: John F. Boc ’74 $10,000+ Ann Taylor ’94 in different geographic areas, the values that we Jonathan B. Brooks ’99 Richard A. Aborn ’69 Margaret S. Travers ’69* hold and the passion that we have for the legal 26% Michael K. Fee ’84 William F. Griffin ’14 profession remain grounded in the education Rita-Anne O’Neill ’04 John E. Heraty ’69 we received at BC Law. As you can see in this Reunion Giving Report, the classes ending in ’4 and ’9 embraced CLASS GIVING LIST the spirit of reunion and used it as an opportunity to reconnect and show support for the Class of 1969 incredible work that is happening at Boston Barry L. Weisman Paul C. Fournier Ruby Roy Wharton College Law School. 50th Reunion James P. Whitters Dana H. Gaebe John V. Woodard Class Gift Total: $125,257 John E. Glovsky Richard R. Zaragoza I am proud to be part of such an esteemed 5-Year Total: $5,381,697 Additional Donors Gary L. Grolle group of alumni, and I appreciate the energy Class Participation: 50% Roger C. Adams John R. Hicinbothem and continued commitment that each of you Carl E. Axelrod Stephen L. Johnson Class of 1974 who participated exhibited throughout Re- Dean’s Counci Lawrence T. Bench Hon. Benjamin Jones 45th Reunion union Weekend 2019. Richard Alan Aborn Thomas V. Bennett Gerald K. Kelley Class Gift Total: $152,028 Thank you for your support for the wonder- Marilyn E. Beckley William H. Bluth Daniel E. Kleinman 5-Year Total: $388,348 ful school that we share. Leo P. Carroll Merrill A. Bookstein Alan G. Macdonald Class Participation: 34% Paul K. Connolly Edward S. Brewer Lawrence E. Miller Hon. Thomas Edward Thomas H. Brown Neal Edward Minahan Dean’s Council Joan A. Lukey ’74 Connolly Peter S. Conley Hon. Thomas R. Murtagh Clyde Dennings Bergstresser REUNION COMMITTEE MEMBER, DEAN’S ADVISORY BOARD John J. Egan Robert V. Costello* William J. O’Neil John F. Boc Gary S. Fentin Hon. James Michael Jerrold N. Oppenheim John F. Bronzo Robert J. Glennon Jr. Cronin Thomas D. Pawley Richard P. Campbell John E. Heraty David M. Crowley Lawrence W. Schonbrun J. Elizabeth Cremens Thomas L. Kennedy Richard S. Daniels Jr. Paul M. Shanley Joseph W. Downs III R. Joseph Parker James O. Druker Richard M. Shaw John Dillon Hanify David Austin Philbin Hon. Peter C. Edison Jeffrey M. Siger Charles J. Hansen Hon. Mitchell J. Sikora Leo F. Evans Michael M. Sullivan David Leslie Paul E. Sullivan* Robert E. Factor Leo W. Tracy Joan Lukey* Margaret S. Travers* Peter B. Finn Peter J. Tyrrell Arlene M. Violet

48 BC LAW MAGAZINE Winter 2020 * Includes a bequest intention Class of 2004

Class of 1979 Additional Donors Ruth-Arlene W. Howe* Judith G. Dein Teresa Valdes-Fauli Gail L. Anderson Stephen H. Ahern Michael B. Isaacs 40th Reunion Kevin W. Donnelly Weintraub Elizabeth Barrett Jan Armon Alan J. Kaplan Class Gift Total: $46,215 Mark R. Draymore Lynn G. Weissberg Benjamin Berry Wendy Kaplan Armour Diane M. Kottmyer 5-Year Total: $157,465 Stephen Geanacopoulos Judy A. Willis Timothy B. Borchers Howard B. Barnaby Gary H. Lefkowitz Class Participation: 28% Benjamin H. Gerson Rebecca J. Wilson Sharon A. Brown Gary H. Barnes Lawrence H. Mandel Christine Smith Gray Benjamin S. Wolf Catherine K. Byrne Thomas J. Berry (deceased) Dean’s Council Kathleen V. Gunning Norah M. Wylie Joseph H. Caffrey Mark B. Brenner Alan D. Mandl Margaret A. Brown Katherine Merritt Hanna Alan D. Cander Stephen J. Buchbinder Regina Snow Mandl Matthew L. McGrath III Mary Sandler Haskell Richard L. Carr Janice G. Campbell Daniel J. McInerney Jr. Catherine Oliver Murphy Anne Leary Hemelt Class of 1984 Joel E. Cutler Susan E. Condon Philip T. McLaughlin George Joseph Murphy Michael M. Hogan 35th Reunion Paula M. Devereaux Lynda Murphy Connolly Kevin John Moynihan Jo Ellen Ojeda* Charles Peter Hopkins II Class Gift Total: $177,605 Celeste P. Duffy Loring A. Cook Peter A. Mullin Lauren Stiller Rikleen* John M. Horn 5-Year Total: $498,105 William R. Eddows Gregory T. Cortese Douglas M. Myers Susan Ann Weil John J. Hughes Class Participation: 31% Susan L.S. Ernst Daniel M. Crane Paula Pugh Newett Dennis D. Leybold John F. Evers Lodowick F. Crofoot Eliot Norman Additional Donors Harry James Magnuson Dean’s Council Beth Rushford Fernald Kenneth J. Davis Lora C. Pepi Roger P. Asch Peter Michael McElroy Stephen W. Brice Mark D. Fernald Barbara A. Dortch-Okara Robert B. Remar Elizabeth Jensen Bailey David D. Merrill Wilbur P. Edwards Jr. Faye A. Florence Mary E. Downs David G. Ries Theodore F. Berry III Thomas D. Miller Michael K. Fee John D. Frumer Diane Durgin Sarah B. Singer Jeffrey I. Bleiweis John Robert O’Brien James M. Kennedy Linda Clifford Hadley Ann L. Ekstrum Traver Clinton Jerry Boone Michael J. Pelgro Kevin Patrick Kerr William P. Hadley Edward A. Fitzgerald Smith Jr. William J. Brown Michael E. Pfau Brian J. Knez James S. Harrington James E. Flynn Paul B. Smyth Cornelius J. Chapman Thomas P. Ricciardelli Richard J. McCready Leslie E. Harris Erika Schwenn Fox Margaret N. St.Clair James J. Cleary Howard S. Rosenblum Rosemary McCready David F. Hassett Paul A. Francis Jeremy A. Stahlin Charles M. Cohen Cynthia Shupe Roy Debra Chervinsky Moll Brian T. Hatch Katherine M. Galvin Christopher J. Sterritt Kathleen Colleary Marian Teresa Ryan Jonathan Lawrence Moll Susan A. Hays Lawrence K. Glick John W. Townsend Marguerite A. Conan Bernadette L. Sabra Evelynne L. Swagerty Stephen J. Hines Robert D. Goldberg Gerald W. Tutor James R. Condo Richard M. Sandman Patric Miller Verrone Ralph F. Holmes Richard S. Goldstein Michele A. Von Kelsch Carmen Cuevas- Leonard M. Singer Thomas A. Zaccaro Marcia E. Jackson Robert M. Graham Thomas Michael Walsh Scripture Marilyn D. Stempler Christopher M. Jantzen Patricia C. Gunn Edward R. Wirtanen Thomas F. Dailey Denis J. Sullivan Additional Donors Donna J. Law Ronald M. Hershkowitz Louis C. Zicht Susan Giroux Dee Maureen A. Varley Marcia E. Adams Stanley A. Martin

Photograph by CAITLIN CUNNINGHAM Winter 2020 BC LAW MAGAZINE 49 The 2019 Reunion Giving Report

Patrick McNamara Christopher James Devlin Laura Caltenco Philip H. Graeter Tracy Saylor Piatkowski Jonathan B. Roses M.J. Moltenbrey Humberto R. Dominguez James Michael Cantwell Young Soo Jo Mary Catherine Pieroni Daniel C. Silverman Betts Howes Murray Mary Fahy Edward J. Carbone Michael A. Krasnow James J. Plunkett Javier F. Stark Alan S. Musgrave Lynda Beth Furash John D. Casais Amy J. Krusius Sarah Pray Michael Philip Visconti III Linda E. Neary Alan Scott Gale Karen Clark Kristin Laura Lentz Helle Sachse Kristen McKeon Whittle Eedy Nicholson Rosemary S. Gale Brian Joseph Connor Judith Marie Lyons Adrienne Schneier Bradley G. Wilson Barbara A. O’Donnell David H. Ganz Cynthia Hallock Deegan Sara Ann Martin Schamberg Matthew M. Yospin James Brian Peloquin Suko Gotoh Wendy W. Falvey Christopher M. Mcmanus Christine M. Siscaretti Michael J. Pise Carolyn V. Grady Ann M. Farrell Christopher H. Murphy Kristin Suga Suga Heres Dewayne Anthone Powell Jeffrey Philip Greenberg William John Fidurko David Osborne Louis M. Tavares Class of 2014 Barbara Zicht Richmond Glenn Anthony Gulino Lorne Michael Fienberg Gregory M. O’Shaughnessy Elizabeth Buckey 5th Reunion Carolyn M. Ryan Judith Buckley Hayman Maria Carroll Furlong Athina Maria Panayides Vandesteeg Class Gift Total: $36,465 Paula M. Sarro Edmund Patrick Hurley Matthew Francis Furlong Peter John Petrarca Ashley H. Wisneski Class Participation: 19% Heidi A. Schiller Anjali Jesseramsing Megan N. Gates Yvette Politis Emily K. Yu David Schoen Michael Gordon Jones Carolyn Gouges D’Agincourt Scott W. Rostock Dean’s Council Edward B. Schwartz Mitchell Seth Kessler Christine Farrell Karen A. Shahinian Tristan Gans Axelrod Gayle A. Smalley Darcy Kirk Grochowski James Michael Tierney Class of 2009 Brandon K. Dunn Charla Bizios Stevens Mary Elizabeth Langer Lise Hamilton Hall Louise Virginia Witherite 10th Reunion William F. Griffin Alexander C. Tang Joseph Lucci Michael Heningburg Jr. Jessica Wolff Class Gift Total: $81,380 William A. McGee Sheila M. Tierney Virginia Chung Lucci David Hobum Hwang Karen Elizabeth Wozniak 5-Year Total: 132,935 Matthew J. Rogers Anne Van Graafeiland* Deirdre W. S. Martin Paul Michael Joy Class Participation: 21% Lynne Spigelmire Viti Howard Wilbur Martin Brian J. King Additional Donors Class of 2004 Barbara Von Euler Robert John Masonis Kathryn L. Leach Dean’s Council Nadia Aksentijevich Valerie M. Welch Robert Emmett McLaughlin Young Joon Lee 15th Reunion Arianna Evers Jasmin M. Ali Elaine Boyle White Alicia Murphy Milligan Audrey C. Louison Class Gift Total: $44,025 Austin R. Evers Artyom Byk Victoria P. Wood Denise Marie Parent Christopher Mace Lucas 5-Year Total: $116,620 Tara M. Fisher Oh Jonathan J. Carlone Karin J. Yen Carl Francis Patka Kelly Mulvoy Mangan Class Participation: 19% John E. Oh Joseph L. Cohen Bruce William Raphael Stephanie H. Masiello Carol Vasconcellos Kevin J. Finnerty Frederick Howard Rein Laura Jean McCollum Dean’s Council Caitlin Elizabeth Vaughn Nicole M. Fontaine-Dooley Class of 1989 Nina Collazo Rivera Maureen A. Mcloughlin Stephanie W. Berdik Daniel J. Wright James R. Gavin 30th Reunion Adam C. Robitaille Christopher M. Mirabile Brian C. McPeake Laura E. Gradel Class Gift Total: $74,633 Kimberly L. Sachse Caitlin Mullin Kirsten A. Noethen Additional Donors Jennifer L. Hess 5-Year Total: $77,733 Paul E. Salamanca Terrence J. Murray Rita-Anne O’Neill Jonathan Mark Agudelo Margaret S. Hickey Class Participation: 31% Julia Anne Sheridan Helen O’Rourke Alex A. Andalis Benjamin J. Higgins Tommy Ming-Pao Shi Annie R. Parker Dalgleish Additional Donors David M. Biele Alyssa Anne Hill Dean’s Council Mark Andrew Spitz Melissa Polaner Meredith L. Ainbinder John Paul Bjork Margaret M. Hinchey David Anthony Cifrino Charles William Stavros Yolanda Williams Rabun Ed Amer Guillaume Buell Samuel David Jockel Deirdre Ann Cunnane John Francis Sylvia Kathryn Hand Rodolakis Daniel Anstey Jessica N. Carmichael Matthew A. Karambelas Irene Raphael Good Rebekah Tosado Matthew Henry Sheppe Thomas R. Ayres Robert Benjamin Chapman Jillian Rachel Lenson John J. Isaza* Roseann White John Sheridan Elizabeth Costello Bae Meredith Maeve Click Mary P. Lentowski Anne Rickard Jackowitz* Kenneth F. Whitted Kenneth Douglas Small Nathalia Ann Bernardo Connolly John M. Lerner Jane P. Kourtis Anne Stuart Adam D. Bovilsky Patrick J. Connolly Paul B. Lewis James Michael Leahy Joon Hyun Sung Tavares M. Brewington Jill R. Damon David A. Libardoni Anne O. McCrory Class of 1994 Carlos Eduardo Vasquez Anna Nicole Browand Marissa Dungey Noam Liran Richard Mirabito 25th Reunion Christa Von Der Luft Nathaniel T. Browand Stas V. Gayshan Matthew C. Mcdonough Kevin John Simard Class Gift Total: $74,235 Rachel S. Brown Amelia R. Gray Jacob Thomas Merkel Linda Sandstrom Simard 5-Year Total: $124,485 Scott T. Buckley Jaclyn Hillary Grodin Elizabeth T. Mone Class of 1999 Kathleen Street Class Participation: 24% Jessica H. Costanzo Jianming Hao Guo Mark A. Murphy Mark Joseph Warner* 20th Reunion Raushanah Daniels Matthew G. Hoisington Jeffrey D. Pike Dean’s Council Class Gift Total: $61,481 Tanya H. Goldsmith Jennifer C. Itzkoff Dania C. Piscetta Additional Donors Eugenia M. Carris 5-Year Total: $116,481 Jessica R. Graham Lindsay T. Jansen Lauren N. Racaniello Warren E. Agin Buckmaster De Wolf Class Participation: 14% Karen G. Hong Michael N. Javid Teresita Ramos Mark Richard Allen Susan Hanmer Farina Lisa K. Hurlbutt Garrett T. Johnston Shane M. Reil Peter A. Alpert Ingrid Christensen Getman Dean’s Council James T. Jones Kyle R. Junik Brian J. Reilly Harold Gregory Barksdale Scott D. Karchmer Jonathan Bryan Brooks Kathryn C. Loring Nicole J. Karlebach Blair Mcguire Rinne Bess Beikoussis Gorman John B. Livingston Gregory Francis Corbett Jeremy T. Marr John A. Kupiec Marlin David Rollins Boyd Robert Jon Blackwell Rosemary Ratcliff Elizabeth Grace Moulds Karyl R. Martin Benjamin O. Looker Martha Royston Saad Mitchell Scott Bloom Melanie S. Robbins Sailesh Kanu Patel Jeremy C. McDiarmid Jane Hill Lovins Miguel A. Saldana Andrea Jane Brantner Ann Taylor Daniel Ralls Melissa Kerchner Thomas J. Mazgelis Christopher K. Schmitt Kevin P. Bruen Elaine Shimkin Ventola Stephen D. Riden McDonagh Kyle A. McClain Nora Lawrence Schmitt Lois Jean Bruinooge John F. Ventola Albert Sebag Katherine G. McKenney Daniel L. McFadden Molly B. Schranz Thomas M. Camp Kathleen Alyce Waters Dana M. McSherry Adam J. McGovern Dionna F. Shear Leonardo J. Caruso Additional Donors Jeffrey Robert Moran Matthew Thomas Murphy Brandon S. Shemtob Joseph P. Cistulli Additional Donors Brian Lawrence Berlandi Deshala T. Murray Jesse Nevarez Kathryn M. Sherman Magda DeMoya Coyle Andrea Crowley Attisani Francis V. Castellucci David E. O’Leary Daniel Eisenmann Ostrach Jason Paul Triplett Charlotte A. Crutchfield Bridget Mckeever Bettigole Marybeth Walsh Chung Brendan D. O’Shea Matthew H. Parker David P. Vitale Jr. Kenneth G. Curran Kyle Bettigole Nicole Juliette Desharnais Lynette Paczkowski Rebecca L. Pitman Arianne M. Waldron Jeffrey A. DeMaso Kathleen F. Burke Peter Andrew Dufour Michael C. Phillipou Kelly E. Reardon John A. Wendel Cecile Desmond Sarah Shoaf Cabot Matthew James Feeley Stephanie Gayol Phillipou Jed S. Rosenkrantz Mark E. Woodroffe

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series of intermittent spot contracts: Crowd- working platforms present a prime example. The growing practice by which employing entities lease workers from third-parties, sometimes called the “fractionalization” of the workplace, has exacerbated this trend. Workforce participation rates in the US, particularly among prime-age males, have declined steadily for decades, and the trend has accelerated. Some theorists suggest that in the near future, technology will eliminate 40 percent of current jobs. While the US, as usual, presents an extreme case, many of these developments are appearing in other places as well, even in such supposedly “worker-friendly” countries like Germany. There, income disparities steadily have increased along with the rise in the use of “precarious” or non-standard, poorly paid, and insecure “gig” work. Union membership has declined (under 20 percent of the workforce) and the vaunted German “works- council” system, that gives workers voice in a wide-range of managerial decisions, now covers only about 40 percent of workplaces. Work is changing and there may well be less of it in the future. To borrow a line from The Federalist Papers, we can allow the future of We’re Fired work to be the result of “accident and force or What’s next in the world of work? BY PROFESSOR THOMAS C. KOHLER reflection and choice.” The industrial revolu- tion radically changed both the nature of work Labor and employment law might seem to deal with relatively narrow and of the employment bond. In both civil and concerns. No area of the law, however, touches people more directly common law systems, lawyers played a key role and constantly. This body of law lies at the center of human activities. A in shaping the way societies would order work society structures itself through the way it orders work, determines the in light of new circumstances. conditions under which people perform work, and decides whether and Like our predecessors, we face unprec- how to protect the most vulnerable workers and those incapable of work- edented conditions and an opaque future. Our current employment law regimes are no ing. As humans, we need work, and for more than purely instrumental longer sufficient. Outside the US, lawyers have reasons like feeding ourselves. We make ourselves through our work; in begun a serious, interdisciplinary discussion significant ways, we are the subject of our work. of how to structure a new order for a future that may offer substantially less “market- As work and how we perform it changes, to mandatory arbitration of workplace dis- work,” and where demands for flexibility both labor and employment law regimes around the putes. As a result, 60 million employees now from workers and employers may increase. world stand under growing pressure. Income are foreclosed from bringing any legal claims These discussions include consideration of inequality has grown as union density rates against their employers, including statutorily- the contributions that the Catholic social and the practice of collective bargaining have based employment discrimination and sexual thought tradition and Christian ethics might declined and as the efficacy of employment harassment complaints, before a court. offer, which emphasize the common good and law regimes has lessened. For example, a Increasingly, employment no longer the “human” character of work. American law- series of US Supreme Court decisions permit represents an ongoing relationship, some- yers should join the conversation. We cannot employers to require their employees to agree thing the law typically presumes, but rather a afford to leave our future to force and chance.

52 BC LAW MAGAZINE Winter 2020 Illustration by DANIEL HERTZBERG With PAUL SULLIVAN ’69

What historical legal case fascinates you? Gideon v. Wainwright. We were assigned Gideon’s Trumpet to read during the summer before entering the Law School. It is hard to believe that the case was decided in 1963.

If you could add one hour to every day, how would you spend it? Tough question. Several things I’d like to spend the added hour Hearsay: Talking about BC Law doing are volunteering with additional nonprofits, spending more time at the gym, learning When Shaw Society members Paul Sullivan ’69 and a second language, and trying to his wife, Barbara, returned to campus to celebrate write a novel.

Paul’s 50th reunion, Paul shared some thoughts on The Sullivans have marked the his life in law with BC Law Magazine. 50th anniversary of Paul’s graduation by establishing their legacy at BC Law by making a What did you want to be when What fun fact about you would bequest to the school. We thank you grew up? most surprise your BC Law them for their thoughtful I still don’t know what I want School classmates? generosity, and welcome them to be when I grow up. Right now, While attending BC Law, I worked to the Shaw Society, which I’m focused on being a good hus- as a licensed private investigator celebrates those who have band, father, and grandfather— to support my family. included Boston College Law and I’mpracticing to be a good School in their estate plans. great-grandfather someday in What is the name of your favorite the future! crime drama? I’m a Law and Order junkie. What BC Law course made the biggest impact on you? What person is your legal role To learn more, please visit Hugh Ault’s international tax model and why? bc.edu/LawShawSociety course led me to a career My legal role model is a non- or contact Maria Tringale practicing international tax lawyer: my wife. She tells it like it at 617-552-4751 or law with ExxonMobil. is, and she always has my back. [email protected]. Boston College Law School 885 Centre Street Non-profit org Newton, MA 02459-1163 U.S. Postage PAID Burlington, VT 05401 Permit No. 19

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