BC Law Magazine Spring/Summer 2013 Boston College Law School

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Boston College Law School Magazine

4-1-2013 BC Law Magazine Spring/Summer 2013 Boston College Law School

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Recommended Citation Boston College Law School, "BC Law Magazine Spring/Summer 2013" (2013). Boston College Law School Magazine. Book 43. http://lawdigitalcommons.bc.edu/bclsm/43

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

• Crime Writer Gets Day in Court

• Gov. Malloy Helps Newtown Heal

www.bc.edu/bclawmagazine boston college law school magazine Spring | Summer 2013

Tim McLaughlin ’09 His War, His Diary, and His Afterword Faculty Lunch Friday, 12–1:15 pm. Keynote speaker: former dean Daniel Coquillette. Assembly & Reunion Luncheon Saturday, 12–2 pm. Open Featuring former Classrooms President of Ireland Mary Friday, 1:30–3:00 pm. Has anything changed? McAleese. See first-hand how we teach students today.

Alumni Assembly BC Law Goes to Saturday, 11–11:45 am. the Ballet Gather for Dean’s state- Sunday, 1:00 pm. of-the-school address Join fellow reunioners for and Alumni Board a performance of elections. “La Bayadere” by the Boston Ballet.

“Bar Review” Reunion Dinner Happy Hour Saturday, 7–10:30 pm. Ritz-Carlton, Boston. Friday, 7–9 pm. Celebrate at a festive Come home to a BC evening of cocktails and Law tradition. conversation.

Special Receptions & Presentations reunion 2013 Friday afternoon & evening. So much more Celebrate. Socialize. Reconnect. Learn about than you ever BC Law today. imagined! november 1–3 Alumni from classes ending in 3 or 8 look for more information in the coming months at www.bc.edu/lawreunion, but Maureen Canavan ’87 (left) and Kathryn Barton ’87 please save the date now! Contents spring / summer 2013 Volume 21 | Number 2

30 ap images

FEATURES DEPARTMENTS 2 In Limine 14 ‘His Horse Was Named Death....’ 3 Behind the Columns The raw, vivid diary of Tim McLaughin ’09, a young 4 In Brief warrior on the frontlines of the Iraq invasion—and the life that he lives one decade later. By Peter Maass 10 Legal Currents Reframing a Gender Issue BC Law closes achievement gap great cases 22 Stranger than Fiction Rights on Ice When mystery writer Patricia Cornwell began to Student challenges LSAC policy suspect that her financial management company was 12 Hot Topics mishandling her money, she became the protagonist Justice Sandra Day O’Connor in an all-too-real crime story. By Milton J. Valencia advocates for civics education 34 Global Engagement 27 ‘Wide Awake and Dreaming’ 36 Faculty Julie Flygare’s memoir chronicles her triumph over News narcolepsy. By Julie Flygare ’09 academic vitae profile Professor Joseph P. Liu 30 The Making of a Humanist 44 Esquire Enduring childhood travails that could have soured a ALUMNI NEWS lesser man, Connecticut Governor Dannel Malloy ’80 class notes was tested again by the Newtown massacre. generations By Jeri Zeder 53 Commencement 55 Reunion Giving Report 60 In Closing

cover: Photo of Timothy McLaughlin ’09 by Gary Knight

www.bc.edu/lawalumni 1 [ I n L imine ]

spring / summer 2013

VOLUME 21 NUMBER 2 Make Peace, Not War Dean Vincent Rougeau Valor and victories speak of personal risk and community strength Editor in Chief Vicki Sanders t seems that war and peace—on the battlefield, on the political stage, in the ([email protected]) legal profession, even at the Boston Marathon’s finish line—have dominated I the public agenda in recent months. Art Director In response, BC Law Magazine acknowledges the tenth anniversary of the US Annette Trivette invasion of Iraq with a profile of Timothy McLaughlin ’09 and an exploration of the diary that this lieutenant and tank driver in the Third Battalion, Fourth Contributing Editor Marines, kept as he entered the war in 2003 (page 14). Deborah J. Wakefield We try to understand the source of alumnus and Connecticut Governor Dannel

Malloy’s compassionate leadership and steely political resolve as he carried out two Contributing Writers seemingly impossible tasks: telling the families of Sandy Hook Elementary that their Thomas A. Barnico ’80 children were never coming home, and passing one of the nation’s toughest gun Edward Dunn ’13 control laws (page 30). Lauren Graber ’10 We marvel at how the student group Lambda turned an act of homophobic van- Louise Kennedy dalism of their office into an opportunity to show the warmth and unity of the Law Peter Maass School community (page 7). We also shudder at the hate behind the Boston Mara- thon bombings, which leads us to ponder the price of freedom in America (page 3). Stephanie Schorow We learn about battles large and small that members of the Law School are fight- Milton J. Valencia ing on paper, in courtrooms, and wherever injustice emerges, be it in a privileged Jane Whitehead world where millions are counted—and stolen—like pennies or simply a principled Jeri Zeder one where righting a wrong is the prevailing currency. Example: A wealthy crime novelist was defrauded by her management company and, with the help of Joan Photographers Lukey ’74, won a judgment worth over $50 million (page 22). Example: Spurned Suzi Camarata without explanation by the Law School Admission Council when he Caitlin Cunningham asked for accommodation on the LSAT for his reading disability, student Charles Gauthier Theodore Dunn ’13 later drew on what he learned in law school to write Rose Lincoln a law review article providing a novel solution that could ensure fairness Michael Manning for future test-takers (page 11). Judy Sanders/Wildsands Julie Flygare’s body is at war with itself, but her struggle to make peace Dana Smith with a debilitating disease has been rewarded. Not only has she recently Christopher Soldt, MTS, BC published a memoir about the narcolepsy that made a living nightmare of her law school years, 2006-2009, she has also enjoyed some renewal of health and Printing found her purpose in life as an effective advocate for awareness and research of the R. C. Brayshaw & Company sleeping disorder (page 27). Visiting professor Thomas Barnico ’80 has the last word in his In Closing col- Boston College Law School of Newton, Massachusetts 02459-1163, publishes umn (page 60). He offers a rather bemused inquiry into why the Supreme Court is BC Law Magazine two times a year: in allowed to decide, by a bare majority, cases involving the laws of the land. Perhaps January and June. BC Law Magazine is printed by R. C. Brayshaw & Company if a super majority were required, he suggests, a truce could replace those take-no- in Warner and West Lebanon, NH. We prisoners political contests between the right and left over judicial appointments welcome readers’ comments. Contact us and nominations. by phone at 617-552-2873; by mail at Boston College Law School, Barat House, —Vicki Sanders 885 Centre Street, Newton, MA 02459- Editor 1163; or by email at [email protected]. Copyright © 2013, Boston College Law School. All publication rights reserved.

Opinions expressed in BC Law Magazine do not necessarily reflect the views of Boston College Law School or Boston College. T I FF AN Y W IL D ING -WH E

2 BC Law magazine | spring / summer 2013 [ B e h ind t h e C o lumns ]

The Power of Our Values

Even the Marathon bombings shouldn’t alter our belief in the promise of newcomers

e in Boston now understand viscer- homogenous communities and, frankly, homogeneity ally what many around the world have may well increase safety. It is certainly easier to keep lived with for a long time. Vibrant tabs on a person when everyone in the neighborhood W cities in open societies are tempting tar- knows a lot about him and his background. Not so gets for terrorist attacks. Eerily, the bombing in Bos- long ago, certain codes were used to signal this knowl- ton came just as the nation was renewing debate about edge: “good” families, “our kind of people,” “not its immigration laws. Columnist E. J. Dionne noted one of us,” just to name a few. These were the more recently in the Washington Post that, “opponents of benign phrases. Other labels were much more judg- immigration reform used the fact that the [bombing mental or derogatory. suspects] are immigrants as a lever to derail the rapidly forming consensus in favor of broad repairs to the system. Supporters countered, defensively, that if there Along with other important is any lesson here, it’s that our approach to immigration needs to be modernized. In truth, this horrifying social changes, immigration has episode has little to do with immigration reform one stimulated the economy, revived way or the other.” decaying neighborhoods and Dionne is absolutely right to reject a connection cities, and, yes, opened America between the bombings and immigration in any meaningful sense. As a symbolic matter, however, the two to the world in ways that are not are intricately linked. Politicians seized the moment to always positive. question the nation’s comfort with “strangers” and the media wasted no time in asking shocked Bosto- nians whether they thought it was time to pull up the One of the reasons we do not hear that kind of talk ladders a bit for immigrants. much anymore is that over the last fifty years, Ameri- It is becoming increasingly difficult to make easy can society has become a more open, welcoming, and generalizations about who is American. Although of tolerant place. Along with other important social Chechen origin, the surviving bombing suspect was changes, immigration has stimulated the economy, an American citizen who spent most of his life in revived decaying neighborhoods and cities, and, yes, Cambridge and appeared to all who knew him as a opened America to the world in ways that are not “regular American kid.” In this respect he is no differ- always positive. ent from the generations of Americans who arrived in In March, as part of the celebration of its 150th this country as children with their immigrant parents anniversary, Boston College hosted a naturalization and quickly came to identify themselves as Americans. ceremony on campus. It was an event filled with deep American identity is not rooted in a narrative emotion for all who attended and a particularly com- around a shared racial, ethnic, or religious heritage, but pelling celebration for a university founded to educate is built around common life experiences and a commit- the children of recent Irish immigrants. The face of ment to certain social and political values. I believe this America may be changing, but our nation’s founding explains our country’s astounding ability to rejuvenate promise of openness is no less compelling today than itself, and why hospitality and welcome for new arriv- it was over two centuries ago. The desire to become an als is such an integral part of American culture. American continues to be expressed by people from Yet, openness does not come without a price. Our around the globe. Our ongoing willingness to receive goodwill toward guests, newcomers, and strangers them is a testament to the power of our values and may not always be returned. We would be wise to how we choose to live them. reflect upon this from time to time and weigh the cost —Dean Vincent Rougeau of hospitality against the benefits. Open societies cannot exert the kinds of social controls available in more suzi c amara t a

www.bc.edu/lawalumni 3 [ I n B rief ] Campus news & events of note There’s No Substitute for Mentors

Black professionals tell stories about the power of networking

panel of five black legal a law professor,” he said. He associate, he was ready to be me things I should be doing professionals gathered hasn’t looked back. a litigator. “After that I felt as a student. I’ve had a good A at BC Law in Febru- Wilmot aspired to work for I could handle anything,” he career with his help.” Wilmot ary with a strong message for the Legal Defense Fund. But said with a nod to panelist said another valued mentor students: Find mentors and after stints as a law clerk, in Walter Prince ’74 of Prince was Wayne Budd of Goodwin be ready to seize the moment the US Attorney’s office, and Lobel Tye, an adjunct profes- Procter, a former associate AG when a game-changing oppor- at a small upstart office of a sor at BC Law and Suffolk in the elder Bush administra- tunity presents itself. national firm where he got Law, where Wilmot studied. tion. “He spent hours with Panelist Steven Wright ’81 to try cases as a second-year “Walter really helped. He told me,” Wilmot said. of Holland & Knight also offered some counterintuitive insight into succeeding as a minority lawyer. “While it’s difficult to be a ‘diverse’ attorney, in some ways it’s easier,” he said. “You already know resistance, and you start with being resourceful.” He spoke from experience: “No one is going to beat me as more determined, up on the law, or pos- sessing more chutzpah to be creative.” Unlike another panelist, Damian Wilmot of Goodwin Procter, who came from mod- est beginnings to become the first in his Jamaican family to graduate high school, college, clockwise from top left: and law school, BC Law Dean Walter Prince, Professor Vincent Rougeau grew up Renee Jones, the Hon. Leslie Harris, and Damian Wilmot. among lawyers and followed a well-trod path through law school into a law firm. It wasn’t until he got this first “real job” that he faced some surprising realizations. “I wasn’t prepared,” Rougeau recalled. “I’d been pretty sheltered and wasn’t ready for the rough and tumble and somewhat ugly reality of the marketplace.” Both men crossed Rubicons. Rougeau was applying to government programs when he was lured into a teaching job at Loyola University Chicago. He called that his game-changer.

“I convinced myself I could be CH RIS T OP H ER SOL DT, M S , B C

4 BC Law magazine | spring / summer 2013 Panelist Leslie E. Harris ’84 Intelligencer took a circuitous route to his Undefeated to the Last seat as associate justice on the Ka-ching, Ka-ching Suffolk County Juvenile Court Cellucci’s final acts raise money for ALS The 25th anniversary PILF auc- in Boston. A history PhD can- tion raised $45,000 in March, didate, then an elementary aul Cellucci ’73, another resulting in 88 summer public school teacher and probation in a long line of alumni interest stipends to students. officer, Harris was older than whose commitment to Kevin Curtin ’88 of the Middle- P sex District Attorney’s office most of his classmates when he public service has led to dis- was the guest of honor. What entered Boston College. “BC tinguished careers, died June 8 item raised the most money? It Law was supportive. The rea- from amyotrophic lateral scle- was a $1,000 home run for the son I love it is how I was rosis, or Lou Gehrig’s disease, four Red Sox tickets donated by treated while I was here. Wal- at the age of sixty-five. Among David Weinstein ’75. ter was one of my professors, his leadership roles were gov- even though he was younger ernor of Massachusetts and US Brave Heart than I,” he said with a chuckle. ambassador to Canada. Brittany Loring ’13 overcame

Harris worked at the Muse- Cellucci grew up in Hud- ap images injuries sustained in the Boston um of African American His- son, a small town in Central When Weld resigned in 1997 Marathon bombing to graduate tory, as a hearing examiner, at Massachusetts, and was being to become ambassador to Mex- with her class at BC Law’s commencement May 24. She earned Roxbury Defenders, and then groomed for the family’s car ico, Cellucci became acting a dual JD/MBA degree. developed the Youth Advocacy business. But politics, and an governor and won election the Project. He too recalled how appreciation for small business- following year. He served until advice from Prince was essen- es and the people who work for 2005, when President George Triple Crown Jessica Frattaroli ’14 did three them, took him in a different tial to his professional growth. W. Bush appointed him ambas- remarkable things this year: 1) As a public defender he was direction, first to town offices sador to Canada. won the 53rd annual Wendell F. considering a job as a prosecu- in Hudson, later to the Mas- Among Cellucci’s accom- Grimes Moot Court Competition tor but hesitated to cross to the sachusetts State House. plishments were reducing tax- with partner Daniel E. Grunert; other side. “Walter said, ‘No, A Republican, Cellucci was es, maintaining high education 2) received an inaugural $5,000 you’re not a public defender, tapped by Governor William standards, and signing into law Clough Center grant to intern you’re a lawyer.’ That got me Weld to be lieutenant gover- tough gun control measures. with the Suffolk County DA’s office in Boston Municipal over the hump of thinking nor. Fiscally conservative but When diagnosed with Lou Court; and 3) received a com- that I could only be a public socially moderate, the scrap- Gehrig’s disease five years petitive award to join the Fel- defender,” Harris recalled. py Cellucci used his political ago, Cellucci became a visible lowships at Auschwitz for the All of the panelists acknowl- connections in the legislature, and vocal advocate for ALS Study of Professional Ethics. edged running into barriers of where he’d been a state repre- research. At the time of his one kind or another, noting sentative and senator, to assist death, he had raised some $2 Destiny’s Child that people of color are still Weld, a political newcomer. million for the cause. Who’s prouder—Elizabeth Kay- behind their peers in partner- atta ’13 for having her father, ship ranks. Leadership is criti- Obama nominee William J. cal to breaking down barriers Kayatta Jr., confirmed in Febru- Rare Trove of Roman Books ary as a judge on the US Court for minorities, they said, as is of Appeals for the First Circuit, taking the initiative and asking Collection dates from 1536 or Dad, watching his daughter for help. receive her diploma from BC And that’s where a good n exhibition of Roman sion for Roman law, bibliogra- Law in May? network comes in. “If I knew law books, selected phy, and the bookmaker’s art. then what I know now, I’d A from a 500-piece col- Hoeflich is the John H. & John Prized Thinking get to know everyone in law lection given to the Law School M. Kane Distinguished Profes- A paper by Kyle Logue of Mich- school, all of my classmates,” by Michael H. Hoeflich, was sor of Law at the University of igan Law and Omri Ben-Shahar said Prince. shown this spring in the Daniel Kansas School of Law. of the University of Chicago Wilmot agreed: “Some R. Coquillette Rare Book Room The exhibit was curated by was selected as the year’s best scenario will happen when and remains on view online at Laurel Davis, curator of rare article on the law of property and casualty insurance, to win www.bc.edu/schools/law/. you really need to check with books and legal reference the 2013 Liberty Mutual Prize. someone who can guide you Dating from 1536, Hoeflich’s librarian. It is largely based on The paper suggests that in through the land mines.” collection includes both semi- a 2011 exhibit by Karen Beck, some cases insurance could be The event, “Boston’s Black nal and lesser-known works on now at Harvard Law Library. a substitute for government Legal Experience, Challenges Roman, civil, and canon law The exhibit includes many regulation of safety. Liberty and Inspiration,” was spon- in Latin, German, French, and books that were previously Mutual Insurance Group cre- sored by the Black Law Stu- English. The collection is both displayed, but it also incor- ated the competition at BC Law in 2010. dents Association. broad and deep, reflecting the porates works from Professor —Vicki Sanders donor’s knowledge of and pas- Hoeflich’s more recent gift.

www.bc.edu/lawalumni 5 back in time Fugitive Gives Self Up

BC Law Parking Lot site of historic moment

Letters wenty years ago this September, a tragic saga Hopping on the Bandwagon T of the ’70s came to a As a former visiting professor conclusion in the parking lot at Boston College Law School, at Boston College Law School. I have long been an admirer of Katherine Ann Power, a former your fine programs in general activist implicated in a 1970 and of Paul Tremblay in par- fatal armed robbery, turned ticular. In trumpeting Professor herself in there after twenty- Tremblay’s new position as Faculty Director of Experiential three years on the run. Learning in your Fall/Winter R. J. Cinquegrana, a 1978 2012 magazine (“Tremblay graduate of BC Law, remem- Put in Charge of Experiential bers that moment well. Then Learning”), however, I fear the chief trial counsel in the you let your understandable office of Suffolk County Dis- enthusiasm get ahead of the trict Attorney Ralph Martin, record. The article states, “The Cinquegrana helped to orches- appointment, effective this trate the surrender—a tense, spring, is thought to be the yearlong process that culmi- first of its kind among law schools.” In fact, there are nated in one sleepless night and more than thirty such positions an early morning rendezvous. (with virtually identical titles) In 1993, Cinquegrana had among ABA-accredited law only a distant recollection schools, including Northeast- of the 1970 Brighton bank ern, which created a similar heist by would-be revolution- ap images position five years ago. We aries in which Boston police look forward to collaborating officer Walter A. Schroeder R. J. Cinquegrana ’78 helped to with Professor Tremblay as he was gunned down. Power, a sets out to augment your law Brandeis honor student and orchestrate the surrender of school’s efforts in this regard. anti-war activist, drove the get- —Jeremy Paul, Dean, Northeastern University away car. activist Katherine Power—a tense, School of Law Powers eluded capture, even with her bespectacled yearlong process that culminated Praiseworthy face prominent on the FBI’s Terrific issue of the magazine Most Wanted List. She made in one sleepless night and an early (Fall/Winter 2012). The photo- her way to Eugene, Oregon, graphs in particular and pro- morning rendezvous. files of students are great. where under the name of Alice —Professor Mary Bilder Metzinger, she raised a son, ran restaurants, and married. tion would cause her to change anything happened, he knew he This Just In But depressed and remorseful, her mind,” he recalled. Waiting would be called as a witness, so Lawyers of Color has named the forty-four-year-old Power until midnight on September he had kept clear. Alejandra Salinas ’15, profiled eventually reached out through 14, he told Power’s lawyer to Thus, Cinquegrana, today in the Fall/Winter issue of her lawyer to Boston authori- bring her to the parking lot at the co-leader of Choate Hall BC Law Magazine, to its 2013 ties and Martin’s office about the rear of BC Law School— & Stewart’s white collar and Hot List. turning herself in. chosen for its access to the Mas- litigation departments, helped Cinquegrana negotiated with sachusetts Turnpike—at 6 a.m. make history without witness- CORRECTION Power’s lawyer over the surren- the next morning. While Pow- ing it himself. Stephen Seleman ’93 was der in secret negotiations that er was taken into custody by Power pled guilty to man- inadvertently left out of the “2011-2012 Report on Giving” spanned a year. The need for FBI agents and Boston police, slaughter and was sentenced in the Fall/Winter 2012 issue secrecy was paramount on the Cinquegrana waited on Centre to eight to twelve years. She of the magazine. We eve of Power’s return to Boston. Street, in an unmarked police was released in six years due to appreciate his support and “I was concerned that the press car, and followed the group good behavior. apologize for the error. would find out and the atten- to a Boston police station. If —Stephanie Schorow

6 BC Law magazine | spring / summer 2013 [ I n B rief ] Three Win Writing Awards

Prestigious Accolades for Students’ Work

oston College law banana trade. Kendler’s and Transport Association (IATA), In crafting her award-win- review publications have Spiegel’s success, says Wirth, a trade group representing ning note, “One Merger, Two B hit a winning streak in showcases the positive synergy more than 80 per cent of the Agencies: Dual Review in the national legal writing competi- between the international law world’s airlines. Breakdown of the AT&T/T- tions. Ron Kendler ’12 received program and the International Classmates Kaplan and Pal- Mobile Merger and a Proposal the 2012 Francis Deak Award and Comparative Law Review misciano are colleagues at the for Reform” (53 B.C. L. Rev. for the best student article on (ICLR), where their notes were Boston College Law Review, 1571 (2012)), Kaplan acknowl- international law published in published. where she is the Executive edges the help of everyone from a student-edited law journal; A member of BC Law’s Notes Editor and he is a Man- her peer editors to Professor Michael Palmisciano ’13 took most successful Jessup inter- aging Editor. Palmisciano’s David Olson, who teaches anti- first prize in the 2012 Securi- national moot court team in note is about securities class trust law, and telecommuni- ties & Exchange Commission’s recent memory, Kendler has a actions and how the recent cations law expert Professor Alumni Association’s writing long-standing interest in inter- emergence of aggregate litiga- Daniel Lyons. competition; and Laura Kaplan national trade law and the tion in Europe sets the stage for “I’ve just had a wonder- ’13 won the ABA Section of aircraft industry. Advised by American plaintiffs to resolve ful experience with the Law Antitrust Law’s Annual Law Professor Frank Garcia, as a 2L their claims in European courts Review,” says Kaplan, who Student Writing Competition. he undertook a semester-long (53 B.C. L. Rev. 1847 (2012)). values its collaborative culture “The JD curriculum across independent study that ulti- A civil litigation seminar with and opportunities to work the board has a tremendous mately became his award-win- Professor Steven Berk sparked closely with faculty. commitment to teaching stu- ning note on the WTO dispute his interest in class action law- In a related matter, 3L Anja- dents to write well, so it’s grati- settlement mechanism, and the suits, says Palmisciano, but it li Pathmanathan published the fying to see that recognized in decades-long conflict between took time and research to nail article “‘Round Peg, Square three awards in one year,” says the United States and the Euro- a topic with an international Hole?’ The Viability of Plea Professor David Wirth, director pean Union over the manufac- angle. In shaping the article, Bargaining in Domestic Crimi- of international studies. ture and trade of commercial he credits his “fantastic” Law nal Justice Systems Prosecuting Kendler follows Jessica aircraft (35 B.C. Int’l & Comp. Review editors, and his train- International Crimes” in the Spiegel ’01, who won the Deak L. Rev. 253 (2012)). Kendler ing in persuasive writing in January 2013 issue of the peer- Award in 2000 for a note about currently works in Geneva as Professor Mary Ann Chirba’s reviewed International Crimi- a World Trade Organization a legal intern in the executive Legal Reasoning, Research, nal Law Review. (WTO) dispute about the office of the International Air and Writing class. —Jane Whitehead CH RIS T OP H ER SOL DT, M S , B C

‘Everyone Is Welcome Here’ Martin Luther King Jr. weekend. Dressed in it is today, where diversity is both promoted the rainbow colors of the LGBT pride flag, and celebrated by the students,” Lambda One of BC Law’s largest classrooms could participants demonstrated the culture of in- said in a statement. “Everyone is welcome, hardly contain the colorful crowd of stu- clusion that exists at the Law School, a spirit and we are all an important part of this dents, faculty, and staff who gathered in undaunted by the homophobic, sexist, and amazing community. We are grateful for the solidarity with the Lambda Law Students racist language crawled on the Lambda of- outpouring of love we have received.” To Association in February in reaction to van- fice walls. “Our law school has come a very view the “Stand with Lambda” video, go to dalism of the organization’s office over the long way to become the inclusive institution http://youtu.be/84y8cNEBht4.

www.bc.edu/lawalumni 7 CHRISTOPHER SOLDT, MTS, BC 8 corrected those National Juristcorrectedthose MyProfessors.com. Whenthe sources ofinformation,Rate- its data and errors in one of its lication inFebruary,flaws schools, discovered,afterpub- vide anewsystemtoranklaw example, attemptingtopro- real measureofaplace. no canonoflistscantakethe and reinforcingthebelief that down likeaball,defyinglogic has BCLawbouncingupand L bc.edu/schools/law/. now counselat Nixon PeabodyinBoston.Toview thevideo,visit Odds: MyLifeofHardship,Fast Breaks,andSecondChances.Heis Brown latersignedcopiesofhis bestsellingbookAgainstAll and partisanshipinWashington was“deeplydisturbing”tohim. ing foryoungleaders”—saying thecurrentpoliticallandscape Law. Heurgedthestudentsto get involved—“theworldisyearn- life asayoungboy,hiscareer anattorney,andhisyearsatBC his experienceintheUSSenate,turningpointtroubled overflow audienceattheLawSchoolonMarch18,touchingupon Relaxed andaffable,formerSenatorScottBrown’85addressed an Man oftheHour The NationalJurist,for BC Lawmagazine | an arrayofrankings a puzzle.Thispastyear, aw schoolrankingsare The Upsand Downs BC La [ w upinallbutonemeasure I of Rankings spring/ summer2013 n B F E I R 2013. ItrankedBCLaw21st. a top 50 law schoollist in to landat31st. Law School dropped twospots metrics forits2014list,the Report, places fromthepreviousyear. Review placed theBostonCollegeLaw Lee rankingsforlawreviews to 10th. BC Lawcatapultedfrom48th ranking thefollowingmonth, mistakes andreissuedits2013 inaugurated Above theLawinaugurated In The latestWashingtonand US NewsandWorld in 24th place, up four in 24thplace,upfour which changed some which changedsome ]

larry gaurano A Immigrant Advocate Jessica Swensen’13 was JusticeStevens’parting gift. ognizing arighttocounselin deportationproceedings.It make themdeportable.The casebringsusclosertorec- advise non-citizensastowhether takingaguiltypleawill Padilla v.Kentucky.Itsaysthatpublicdefenders must What isyourfavoriterecent Supreme Court case? policy reforms. to moveintobroaderimpactlitigationandworkfor detention, andtogainenoughon-the-groundperspective directly representingimmigrantsfightingdeportationfrom What doyouhopeforinyourcareer? Tocontinue for therestofmycaseload. step backsothatIcancontinuetobeaneffectiveadvocate If begintofeeloverwhelmed,remindmyselftakea I haveworkeddirectlywithpeopleindifficultsituations. in suchdire straits?Experiencehelps.versincecollege, How doyoucopeemotionally, whenyour clientsare detention. It’sappalling. to alawyerwhiletheytryconducttheirappealsfrom even whentheyhaveagreencard.Theydon’tright tion clients?Theycanbedeportedfromthecountry, What shouldAmericansknowaboutyourimmigra- within thestructureofourlegalsystem. ferred thedetail-orientednatureoflawandworking that! Later,Ichosebetweenlawandsocialwork.pre- meant beingadoctor,butchemistrygotinthewayof I alwayswantedtohelppeople,andfirstthoughtthat Did youconsiderothercareers besideslaw? staff attorneyattheBronxDefenders. she spentasemester-in-practice.Sheisnow and RefugeeightsProjectinArizona,where Swensen ispicturedattheFlorenceImmigrant tight, thegovernmentdidn’tbotherappealing. ‘We won!Wewon!’”Hercasewassoair- excitement, shegrabbedmyarmandekedout, running downthehallway.Tremblingwith recalls, “IopenedmyofficedoortoseeJess counsel. Hersupervisor,LauraMurray-Tjan, order onthegroundsofineffectiveassistance an immigrationjudgetoreverseadeportation Clinic. There,againstallodds,shepersuaded advocate forBCLaw’sImmigrationandAsylum distinguished herself as an unflappable distinguished herselfasanunflappable twenty-nine year-oldJessicaSwensen’13 full-tuition PublicServicecholar, —Interviewed by Jeri Zeder —Interviewed by JeriZeder www.bc.edu/lawalumni 9 [ L e g al C urrents ] trends, opinion, and timely issues

uch has been written recently Reframing a Gender Issue about what a woman must do M to succeed professionally. Lean in. Be present. But what if the best thing BC Law bucks legal ed trend by closing achievement gap she could do, as an aspiring lawyer, was pick the right law school? As the debate rages on about what women must do to adjust to a broken system, the focus seems to have shifted away from the system itself. Perhaps we are all just jaded by the endless stream of dis- heartening statistics or are tired of feeling helpless in the face of what seems like an insurmountable problem. In the field of legal education, this disil- lusionment is not unreasonable—dozens of studies at schools such as Harvard, Stanford, and the Universities of Pennsyl- vania and Texas, have shown that female students continue to achieve less academic success than their male counterparts on nearly every important metric. This dis- crepancy remains even though men and women now enter law school at equal rates and with equally impressive credentials. The achievement gap created during law

bc law study by the numbers

47.7% average of women per graduating class in past 8 years

3.340/ average first year GPA for 3.315 men/women

maximum difference between male, .07 female GPAs at graduation in past 8 years

45% women on journal executive boards 40% female editors in chief

school directly affects employment pros- pects and earning potential as well as self- esteem and psychological health. When I set out to conduct my own empirical study of the performance and experience of women at a top law school, my findings could easily have turned out to be just another bit of superfluous evidence of a gendered law school experience. That is, except for one very important fact: I decided to study students at my own

school, BC Law. th eispo t /brian s au ff er

10 BC Law magazine | spring / summer 2013 Boston College Law School is known for its collegial and supportive academic environment. As a member of the class Rights on Ice of 2010, I never felt subjected to a gen- Reading-disabled student finds canny way to fight for fairness dered academic experience and I wondered whether I was just drinking the proverbial Kool-Aid or whether the difference I felt at eading is a seemingly simple series BC Law was actually real. With the help of summations: adding one letter of many of BC Law’s amazing administra- Rto another until a word is formed, tors, I set out to measure the differences, combining each word with its counterparts if any, between the academic performance to form a cogent sentence, doing the same of women and men at BC Law. Analyzing with each sentence in a paragraph and with dozens of performance metrics and com- each paragraph in a manuscript. piling statistics for the eight most recent The process is so fundamental to our graduating classes, this study, recently everyday lives as students and lawyers published in the Boston College Journal that most of us take it for granted. But for of Law and Social Justice, (33 B.C. J.L. & individuals like me, who are born with the Soc. Just. 1 (2013) (http://lawdigitalcom- learning disability known as Reading Dis- mons.bc.edu/jlsj/vol33/iss1/3/), reports that order, there is a deficiency of the thought females at Boston College Law School defy processes that comprehend text in written the pattern found at other law schools and, form. It manifests in individuals who oth- indeed, perform just as well, if not better, erwise exhibit high functioning intellectual than their male counterparts. ability but struggle with reading. In few other academic endeavors is As one might imagine, Reading Dis- the first year of study as important as it order can be quite a hindrance in an is in legal education. With journal mem- academic setting. Just as the Americans

berships and jobs on the line, academic with Disabilities Act (ADA) protects dis- th eispo t /sas h imi performance during 1L year can make or abled Americans suffering from physical break a student. While first year men at handicaps, so it also protects learning dis- Without any information Harvard Law are more likely to earn an A- abled Americans, commonly by providing or higher, leaving women to earn the B or extended time to complete written tests. revealing its reasoning for B+ grades, the women at BC Law achieved This accommodation is particularly impor- first year GPAs that were nearly identi- tant for tests with long prompts and mul- not accommodating me cal to the men in their cohort. This same tiple choice questions due to the substantial trend carries through the remaining two amount of written text. on the LSAT, I was forced years of law school as well, where women Despite the fact that the ADA expressly and men graduate with substantially simi- protects learning disabilities, the learning either to accept LSAC’s lar GPAs. In five of the past eight years, disabled have found it increasingly dif- female students actually had higher aver- ficult to secure accommodations in recent determination or incur the age GPAs upon graduation than their male years. This is especially true with regard to classmates. These GPAs entitled women standardized tests such as the Law School sizeable expense of time to Latin honors (cum laude, magna cum Admission Test (LSAT). laude, and summa cum laude) at the same I found this out the hard way in the fall and money and sue. rate as men, as well. Over the past eight of 2009, and this year wrote a note in the graduating classes, there was no statisti- Boston College Journal of Law and Social that LSAT scores are only valid for five cally significant difference in the number Justice aimed at rectifying the problem I years, I prepared to take the LSAT again of men versus women in any tier of Latin encountered. in September of that year and I made the honors. This can be contrasted with the Diagnosed with Reading Disorder from same request for extended time. Much to University of Pennsylvania, where men the age of ten, I received an extended time my surprise, LSAC denied the request. were nearly twice as likely to graduate accommodation on every standardized LSAC was founded in the 1940s by magna cum laude. test that I took throughout my academic a handful of law schools that desired an Studies at other top law schools have career. As a college senior with aspirations objective measurement of their applicants’ also shown that women are chronical- of attending law school upon graduating, I intellectual abilities specifically tailored to ly underrepresented on journals and not requested extended time to take the Octo- the types of raw skills needed to succeed simply because they constitute a smaller ber 2002 LSAT. The Law School Admis- in law school. The schools sought objec- fraction of the student population. For sion Council (LSAC), the non-profit corpo- tivity as a means to more fairly compare example, at the University of Texas, over ration that administers the test, granted my applicants from varying backgrounds in the course of twelve years, women were request. I took it and scored well. Other an effort to diversify their student bodies. never on the law review at a greater rate career opportunities arose and I delayed The LSAT quickly grew in popularity and (continued on page 54) my entry into law school until 2009. Given (continued on page 54)

www.bc.edu/lawalumni 11 [ h o t t o pics ] Conversations with the Dean + A Much Needed Civics Lesson

Democracy, justice are at risk without a responsible citizenry

andra Day O’Connor grew up on a tainly not a spectator sport; it requires the party in the case disagreed with the ruling. cattle ranch in the American South- participation of all of us. I mean, this was pretty charming wasn’t it? S west. But the ranch couldn’t keep a I remember all kinds of efforts being We haven’t progressed too far [in civics good woman down. She attended Stanford made to politicize our courts even more education]. On the last civics assessment Law School and eventually became the than they already are, I mean, beyond just test, two-thirds of the students scored first woman nominated to the Supreme electing judges, which I don’t think is a below sufficiency and only one-third of Court. Although she now refers to her- good idea. I remember an instance in one adult Americans could name the three self as an “unemployed cowgirl,” Justice state where they were considering a law branches of government, let alone say what O’Connor’s self-deprecating humor cannot that would put the judge in jail if either they do. Only 7 percent of eighth-graders conceal the seriousness of her new endeav- or, iCivics.org, a website she founded to produce a smart and engaged citizenry. In April, Justice O’Connor joined three law school deans to discuss “Law Schools and the Education of Democratic Citi- zens,” a Boston College Sesquicenten- nial Celebration panel co-sponsored by BC Law. Panelists were Vincent Rougeau of BC Law, Timothy Macklem of King’s College London, and Martha Minow of Harvard Law School. The following are excerpts of their discussion. To watch the entire event, see the video at http://www.bc.edu/hottopics.

SANDRA DAY O’CONNOR My experiences on the Supreme Court are what drove me to my current commitment to civic learning in our country. I discovered how little most Americans know and understand about our system of law, and yet we pride ourselves for it. When I retired in 2006, high on my list of things to do was to try to restore civic education in our nation’s schools because we’re taught a lot of things in school but civic education isn’t one of the things we’re focused on. Frankly, the skills and knowledge to run governmental entities are not handed down through a gene pool. It has to be taught and it has to be learned by every generation. We in the legal profession have the duty to help the public understand the so-called rule of law in our

system of government. Democracy is cer- lee pellegrini

12 BC Law magazine | spring / summer 2013 can name the three branches of govern- the reconstruction of those societies. ment. Less than one-third of eighth-graders Coming back to the US, I feel with “The skills and knowledge can tell us the purpose of the Declaration great passion that we are at risk; we are of Independence—and it’s right there in jeopardizing the independence of our own to run governmental the name. courts. We are not financing them. We are jeopardizing the infrastructure of our entities are not handed MARTHA MINOW justice system and we are jeopardizing our down through a gene I do think that there is a special obligation democracy if we don’t equip the next gen- for law schools and lawyers to attend to eration to take up the responsibilities that pool. It has to be taught the issues of civics education. We make our form of government anticipates. a bet in our kind of government that we I have a story to tell you. The very day and it has to be learned can govern ourselves and that we will do there happened to be a primary vote here a good job. But that wager carries with it in the Boston area, I got in a taxicab to by every generation.” an enormous risk. And the risk is that we go to my polling station. The cab driver, don’t invest the time and energy it takes to who happened to be a woman, said, “Do —Sandra Day O’Connor do it well. you mind if I just stop? I need to buy a lot- I’ve had the privilege and the challenge tery ticket.” I said OK. Now, I’m going to of working in the post-conflict societies of my polling place, and I said, “You know, Rwanda and the former Yugoslavia. What it’s interesting, I’ve never bought a lottery VINCENT ROUGEAU astonished me is how important law has ticket,” and she said, “That’s interesting, We like to think we have come very far, been in the reconstruction of those societies. I’ve never voted.” And we looked at each and we have in many ways, but there are Building a court in which people who have other and kind of marveled: Which one of still real problems that exist with access previously been at war with one another these activities was more likely to actually to justice in our democratic society. There settle disputes peacefully is fundamental to make a difference in the world? are real challenges to the rule of law and to the ability to vote in this country. We TIMOTHY MACKLEM were treated once again in the presidential We talk about democracy in louder terms election to people waiting for hours just to than we ever have. Yet we live in a world vote. The basic tool of democratic partici- in which people will quite openly say, “I’m pation is voting, and we still haven’t found not political, I just don’t do politics.” As if a way to do that efficiently and fairly. that’s a possible position to have—I mean, What does it mean to be a responsible being not political is being political, it’s just citizen who has certain rights? How do we bad politics. It’s the politics of passivity or exercise those rights in a responsible way? indifference, and it could lead to very dan- How do we reinvigorate concepts of public gerous outcomes. service? How is it that we got so disappointed, One of the roles that we can play at the so disillusioned, so disengaged? Despite the Law School is reminding everyone how horrors, depressions, wars, genocides, and important it is to send engaged people into threats of nuclear annihilation in the 20th these roles, because they really do make a century, people were extraordinarily hope- difference in democracy. How do we raise ful about government and politics, they the intellectual level of public discourse? really thought they could build a better We are routinely treated to a kind of world. People disagreed, of course, about mockery of our democracy when we listen how all this should be done, but there was to our politicians speak publicly. And we a basic hope. accept it. Did we expect too much of law and of Another notion I would like to see democracy? You can pass laws until you’re invigorated is the common good. How do blue in the face and it makes no differ- we come to an understanding as a nation, ence; people will obey them if people feel as a democratic society, about goods we like obeying them and otherwise they just share in common? And how do we build won’t. If we thought more carefully and and strengthen those goods and make more precisely about just what it is that them an important part of our collective law can do, we might be able to recover heritage as a democracy? justice o’connor joined a panel of law some aspect of that hope. When we do that, we will create a thriv- deans to advocate for more emphasis on Ours will be a world where there are ing democracy of engaged citizens who are teaching civics in American classrooms, possibilities for the human condition that motivated by principles of justice, fairness, from elementary to graduate school. we can’t realize now. That will be some- and equality. But we need to begin to think thing to look forward to, a better world about other concepts around that, like sac- and one where law will play a very impor- rifice and sharing. tant role. —Edited and abridged by Glenda Buell

www.bc.edu/lawalumni 13 When you encounter Tim McLaughlin, two things stand out. He is big, as in six-foot- three, two-hundred-pounds big. His size is consistent with his behavior on the battlefield during the invasion of Iraq ten years ago, when he was, according to his commanders and his own account, quite aggressive. His tank platoon often led his Marine battalion as it approached Baghdad— nothing ahead of him but ‘His Hor se Was Named Death... the enemy—and this is where McLaughlin liked to be. By the end of the invasion, when he counted the number of people and Hell Followed Them’ killed in his mercifully short war, the figure was seventy.

By peter maass ‘His Hor se Was Named Death... the raw, vivid diary of a young man at war and Hell Followed Them’ he second thing, and the sur- engagement in which he ordered the gunner on his tank to prising one, is that McLaughlin open fire. “Sgt Wellons coaxed it, vehicle slowed down, is quiet. He is one of those big swerved left off road + hit tree. Civilian shot 5 times in back + guys whose voice is delicate, legs. Continued progress to Afak.” even high-pitched, who listens On the final day of the invasion, April 9, his battalion more than he talks, who doesn’t thundered into Baghdad, facing almost no resistance. give you an oversized hello the “I did not know where we were going,” he wrote. “Racing first time he sees you. His pres- through neighborhoods, waving w/left hand, M-16 w/right ence is small, at least when he hand.” At Firdos Square, where foreign reporters were stay- wants it to be, which is much ing at the Palestine Hotel, the situation turned to the absurd. of the time. Although he now “Swamped by mass of reporters—could not move. Peace vol- works in the high-stakes world of corporate law, he is not unteer jumped on tank, I almost killed him w/M-16—scared the guy on the Delta shuttle who rushes through a stack of the life out of him. Brought him back up to greet him + apolo- Tfinance magazines; he is immersed in the New York Review gize for startling him. Reporters everywhere.” of Books. Once you understand these things, you can under- A year earlier, a statue of Saddam Hussein had been stand that McLaughlin ’09 was both a fierce warrior and installed at Firdos Square to commemorate the dictator’s a thoughtful writer during the Iraq war. On February 21, sixty-fifth birthday. After the handful of Iraqis in the square 2003, he was at an improvised Marine base in the Kuwaiti were unable to tear it down on their own, the Marines pre- desert, waiting for the order to invade Iraq. Sitting in a tent, pared to finish the job with one of their vehicles, but before he opened a blank notebook, clicked open a pen, and started the final tug, McLaughlin’s commander told him to fetch the his war diary. “The best writing advice I have been given is flag he had brought along on the invasion. The flag had been just to write,” he wrote. “There will be plenty of time to edit given to McLaughlin by a family friend just a few days after and stylize it later.” For the next few weeks, as the boredom 9/11. McLaughlin gave it to another Marine who handed it of waiting turned into the action of invasion, he continued to yet another, and within moments his flag was placed atop to write in the notebook, keeping track of everything—the the statue for all the world to see. Broadcast across the globe, violence, fear, tedium, exhaustion, anger, and sadness of war. his flag became an iconic image of triumph. Christiane Aman- On one page, written before the invasion began, he drafted pour interviewed McLaughlin. So did Dan Rather. a letter to Victoria’s Secret, explaining that he had seen one of When McLaughlin returned to America, he put his war their catalogues—“pretty much the only thing around here that diaries away and didn’t open them until I came along.

as a war reporter, I had followed The diaries are unusually intimate. They don’t McLaughlin’s battalion to Baghdad in just describe the people whom McLaughlin shot an SUV I had rented in Kuwait City. Because war is chaotic and the battalion and killed and the ease with which he did so, they counted nearly 1,000 Marines, the two of us did not meet until a half-decade later, also describe...his fears that everything he saw in 2008, when we sat down to talk about what had happened five years earlier. and did in Iraq would warp his mind. I was researching a story for the New Yorker about the toppling of the statue in isn’t ugly”—and would like to become pen pals with one of the Baghdad. He was entering his third year at Boston College models. On an adjacent page, he wrote a letter to the parents of Law School and heading to Sarajevo to work as a legal intern a Marine who had been injured in an accident before the inva- with a war crimes tribunal there. Going to Bosnia seemed sion even began. “I apologize from the bottom of my heart,” a bit odd to me. While McLaughlin had a keen grasp, as a he wrote. “The parents of Americaput a tremendous faith in combat veteran, of the dynamics of killing, he had left the me as I am trusted with the lives of your children.” Marines to get away from warfare. Yet here he was, going This was the prelude to war—boredom and a flash of the into the legal reckoning of a violence to come. For the first few days of the invasion, he particularly brutal war from at right: The title on the the 1990s. Why? hardly slept as his battalion captured the Basra airport and jacket of Tim McLaughlin’s quickly moved north toward Baghdad. On one page, the “I really liked my law diary, a variation on a verse word “disoriented” or “disorienting” appears four times. school classes but my transi- in the “Book of Revelations,” On another page, there is this: “Enemy in fields + grove. tion was difficult because, portends the violence he Company volley into buildings. Killed 4 soldiers trying to run as I sat around and thought records inside in “The Twelve away. Let 1 run for a while then killed him, legs first, then as about my war experience, I Days of Combat” and the he tried to crawl.” was with people who had no accounting of his “kills.” A different page has this: “My position is good to cut off idea what those experiences on previous spread: back door exit. Kill dismounts in grove (3-7?) then 1 swim- were about,” McLaughlin McLaughlin’s photo of the ming across canal / 2 just about in canal.” told me the other day. “I was view from the cupola of his Not everyone killed by McLaughlin was a combatant. in a world that bore no rela- tank during a dust storm on

“Town car pops out on me, 200 meters,” he wrote of another tion to those experiences.” March 26, 2003. rig ht : j ournal p h o t os b y G ar Knig . P re v ious sprea d I raq in asion im m c laug lin.

16 BC Law magazine | spring / summer 2013

18 BC Law magazine | spring / summer 2013 He wanted to be away from fighting a war but also wanted ity for war crimes runs in degrees, not in blacks and whites, to process the war he had fought. America wasn’t giving with the most culpability understandably starting at the trig- him the intellectual harbor he sought. The country was cut ger pullers and commanders but running all the way out to off from its wars, he thought, focused on the Kardashians the people and societies who stand idly by and do nothing.” rather than Kandahar. His battlefield aggression is mirrored Like the rest of us, McLaughlin is shaped by the culture by moral aggression; he wants to engage hard questions, and around him and the education he received—in his case, a Jesu- America was not the place to get that done. it education. In his freshman year at Holy Cross, he enrolled “I wanted to find a place where I could explore how the in a yearlong program focused on a Tolstoyan question often world operates for people who had my experiences,” he con- paraphrased as, “How, then, shall we live?” Tolstoy wasn’t tinued. “So I went to Bosnia to meet people who had been on a Jesuit, of course, but his ideas, or at least this one, is at the the other side of the gun, so to speak, and see what the world center of Jesuit teaching. In a complex world, with so many was like for them and kind of settle my own thoughts about human tragedies and bills to pay and reality TV shows to the matter. It was important for me to have a transition time watch, how do we create a meaningful life? when I was surrounded by the things I was surrounded by in In his choice of Holy Cross, and after that, BC Law, the Marine Corps but able to think about them in the way you McLaughlin wasn’t inspired by religion, although he comes think about things in law school.” from a Catholic family. Sunday Mass is not part of his rou- I had written a book about Bosnia’s war in the 1990s, so tine. Instead, he was guided by the desire to get more out of McLaughlin thought I might know more than he already did life than a 4.0 GPA and 401k—Holy Cross and Boston Col- about killing and responsibility. “I don’t consider myself a lege encouraged this. Also, public service was in his family war criminal, but I’ve killed people,” he wrote me in 2008, DNA; his father and grandfather had served in the military, just before he left for Bosnia. “I do consider the worst of the one of his brothers was a Marine, and another was a police men whom you’ve written about to be war criminals, and officer. His father, Phillip, had also served as New Hamp- they’ve also killed people. Somewhere between us there is a shire’s attorney general from 1997 to 2002. line, but that line becomes blurred by all sorts of factors. I also “I understood the world from a liberal arts education, think that the healing process involves time, and as time goes from the perspective of, How am I going to make the world a by there must be some sort of forgiveness or the wounds will never close. If it’s even possible to describe where you think that “If it weren’t for the Marines, I wouldn’t be line is, I would value your opinion.” as involved in my community with veterans’ issues, As he did in Iraq, McLaughlin kept a diary while in Sarajevo, this one on his and I wouldn’t be as attuned to the needs of other laptop. He had majored in Russian language and literature at the College of the people. I would see these things intellectually Holy Cross, and dabbled in poetry, so writing was more natural for him than but they wouldn’t mean as much to me.” it was for many veterans. The thing you need to understand about McLaughlin’s diaries—the brief one better place?” he told me recently. “Why would I even think he typed on his laptop in Sarajevo in 2008, the longer one he that? Because that is what I was taught. I was taught that by wrote on notebooks in Iraq in 2003—is not that they describe my family, by my education, and then I wound up in places an odyssey that was more brutal or searing than those of where real questions were asked.” other veterans, just that he has a gift for describing and deci- McLaughlin went straight from Holy Cross to officer phering the GI experience of the 9/11 era. training, where he broke his fibula while jumping from a What is normal, what is forgivable or unforgivable? It was truck. He was given a desk job as a general’s aide in the Pen- a question he seemed to be asking in his Sarajevo diary. tagon, and on the morning of 9/11 he left the building for a “While I was in court with the four defendants in Bozic, jog. McLaughlin was close enough, near Memorial Bridge, to I wondered whether they were evil people or people who had hear the impact of the airplane. He sprinted back, ran inside done evil things,” he wrote. “Either way, if they did what as people streamed out, through smoke-filled corridors, ignor- they were accused of, they should be punished by society. At ing the emergency alarm that instructed everyone to evacuate the same time, however, I could the building, and made sure that the people he worked with not help but think that at least had gotten out. center right: McLaughlin in combat surrounded by one of them was led down the Tolstoy’s question was repurposed. How then shall we live images and diary entries. wrong path by those who were in the aftermath of an attack on the homeland? For McLaugh- Top right, a list of events in charge, committed his crimes lin, the answer was easy: get to the frontline of war. that changed his life and because he was told to, and a contemplation on his lost his freedom for the rest of in 2010, with my reporting into the toppling of the statue sanity. Center left, map and his life. I appreciate that many continuing, I wanted to see the famous flag; McLaughlin still log of an encounter with had it. On a winter morning, we drove to his New Hampshire “Saddam’s men.” Bottom people would not make this dis- right, his recollection, in the tinction and simply find all war hometown of Laconia. The flag, it turned out, was not the form of a diagram, of the criminals repugnant, but wars most interesting war memento in his parents’ farmhouse.

j ournal p h o t os an d iraq in v asion b y G ar Knig ht , ex c ep im m laug lin, en er rig pe ni ch olls f or th e lon on sun a imes. 9/11 Pentagon bombing. are not that simple. Responsibil- McLaughlin showed me the diaries he had kept in Iraq; they

www.bc.edu/lawalumni 19 had not been opened since he returned from the war, and sand It is one of the ironies of right: Now an attorney at fell out of the pages as I thumbed through. being a war reporter that you Holland and Knight in Boston, They were the most remarkable accounts of war I had are trying to describe what McLaughlin is president of a seen. They read like a graphic novel, with pictures and maps the men and women around non-profit that provides free that he drew, in addition to handwritten entries that conveyed you have seen and done and legal services to low-income his personality in a way computer fonts could not. We live felt. The job exists because it and homeless veterans, and in an era of smartphones and laptops, our words rendered is assumed—and this is usu- he volunteers at a middle into anodyne shapes on glowing screens—but in these diaries, ally true—that the combat- school helping children at risk. there was a jolt of the individual. McLaughlin loaned me the ants are not as skilled as you diaries, and a few days later I showed them to photographer are in describing their experiences. Nor, of course, do they Gary Knight, who had also followed McLaughlin’s battal- have enough time to take notes or write about a war while ion to Baghdad in 2003. Knight took a few minutes to look it is happening. Therein lies the great value of McLaughlin’s through the pages and announced that they should be blown diaries and everything that brought them about—the warrior up to poster-size and displayed in a gallery exhibit. is the writer. And that’s what happened. “Knowing everything I know now, if I could go back in After my New Yorker story was published in 2011, time, I would join the Marine Corps in a second with no McLaughlin, Knight, and I began plotting the exhibit, and in questions asked,” he told me. “The good far outweighs the March it opened at the Bronx Documentary Center in New bad even on my worst days in the military. I would not recom- York City, featuring thirty-six pages from the diaries, along mend to anybody to replicate what I did—who knows what with excerpts of war stories I wrote, and Knight’s photo- would happen to you. But I wouldn’t trade it for the world. graphs of the invasion. McLaughlin’s most intense feelings The stuff that makes a difference in people’s lives—I’ve seen and violent acts were described in pages that were on the walls that from the perspective of a combatant, and from the per- for everyone to see—how he killed dozens of Iraqis, how he spective of a victim of a terrorist attack. You can’t get that worried about the morality of it, how he missed the woman from a book, from a school.” he loved, how lonely and exhausted he felt through it all. The McLaughlin currently works for the law firm Holland and Knight in Boston, and he is president of a non- profit group, Shelter Legal Services (SLS), that “The Department of Veterans Affairs says I have provides free legal services to low-income and post-traumatic stress disorder. I don’t have homeless vets. He works for SLS on a volunteer basis, and it forms part of his answer to Tol- a disorder. It’s a natural reaction. It would be stoy’s question about living a meaningful life— he is helping other veterans who face greater a disorder if I was unaffected.” troubles than he does, and he is speaking on their behalf to whoever will listen. man who had avoided the press since his fifteen minutes of “When you come from a certain universe, you are more fame in Baghdad, was in the spotlight again. The New York attuned to that universe,” he continued. “If it weren’t for the Times and a raft of news outlets covered the exhibit. Marines, I wouldn’t be as involved in my community with vet- Why did he do it? The diaries are unusually intimate. They erans issues, and I wouldn’t be as attuned to the needs of other don’t just describe the people whom McLaughlin shot and people. I’m fortunate that I have gone to good schools and killed and the ease with which he did so, they also describe that I do very well for myself as a lawyer but I am cognizant personal details of his life, from the first time he fell in love to that there is a different world out there that is in a lot of need.” his fears that everything he saw and did in Iraq would warp In the past year, McLaughlin also began volunteering at his mind. The question was answered in the days before the an urban middle school in Boston. He learned that many of exhibit opened, when McLaughlin wrote a statement to be the kids had changed addresses once, twice, and three times in placed on the wall next to his diary pages. a year; their lives are so unstable that they don’t know from “I worry that most people don’t understand the unforgiv- one day to the next where they will sleep. McLaughlin’s wife, ing violence of my Marine Corps experiences. Shoot a few who works with incarcerated adolescents, told him that if seconds too soon and you kill a civilian. Hesitate, and another their lives aren’t stabilized soon, they will probably end up in Marine dies. There are no second chances. Killing people is her care. ugly, brutal, and abrupt. It is final, and it stays with you for a “My goal is to try to figure out a way to make it more lifetime. It’s done because that’s what your country asked you likely that they’ll have success in life,” McLaughlin told me. “I to do, yet most Americans will only experience war through haven’t figured out how to do that yet, but when I walk back cable news, politicians, and Hollywood. It’s a flag on a statue, and forth from work I don’t think about Iraqis. I think about a talking point, and a movie. Ten years ago, when I came the community I live in.” home, I drank too much. I stopped that on my own, but I still How then, shall we live? have difficulty in social situations, trouble connecting with people, and constant nightmares. I take prescription medicine Peter Maass is the author of Crude World: The Violent Twi- to sleep at night. The Department of Veterans Affairs says I light of Oil (Knopf 2009) and Love Thy Neighbor: A Story of have post-traumatic stress disorder. I don’t have a disorder. It’s War (Knopf 1996). Last year he was awarded a Guggenheim

a natural reaction. It would be a disorder if I was unaffected.” Fellowship. p h o t f im m c laug lin b y gar k nig ht

20 BC Law magazine | spring / summer 2013 ‘the war diaries’ exhibit coming to bc law

“ invasion: Diaries and Memories of War in Iraq,” an exhibition of the war diaries of Lt. Tim McLaughlin, the photographs of Gary Knight, and the war correspondence of Peter Maass, will be on view at Boston College Law School in the fall. The exhibit commemorates the tenth anniversary of the invasion of Iraq and includes thirty-six poster-size pages from the diaries, Knight’s photos for Newsweek, and Maass’ stories for the New York Times Magazine and the New Yorker. The exhibition, which was shown previously at the Bronx Documentary Center and Drexel University, can be previewed at http://wardiaries.org. In September, visit www. bc.edu/schools/law/ for the dates and times of BC Law’s exhibition, reception, and panel discussion.

www.bc.edu/lawalumni 21 great cases

stranger than fiction

22 BC Law magazine | spring / summer 2013 When mystery writer Patricia Cornwell began to suspect that her financial management company was mishandling her money, she became the protagonist in an all-too-real crime story involving millions of missing dollars, phantom purchases, accusations of illegal campaign donations—and, yes, a smoking gun.

by milton j. valencia n the fall of 2009, best-selling author Patricia Cornwell sat inI her Concord home poring over 103 boxes of receipts and invoices, studying each and every transaction. She and her spouse, Staci Gruber, were wealthy, yet they were meticulously recounting every penny they had spent—and that they had not— because they had started to sense

P H O T B Y BILL GREENE /TH E BOS ON GLOBE V IA GE TTY IMAGES that something was wrong. stranger than fiction

www.bc.edu/lawalumni 23 great cases

id the repairs to the Concord home really claim to Cornwell’s lawsuit and now was alleging in public cost that much? The condominium unit in statements to the media that the lawsuit was a cloak, that Florida—didn’t they cancel that purchase? Cornwell was trying to deflect an invoice Anchin had sent How could so many checks, for so much her—after her lawsuit was filed—for more than $532,000 in money, have been voided, and why were so outstanding fees. Furthermore, she learned that Anchin had many then reissued for the same amount? purportedly “self-reported” to the US Department of Jus- DAnd what was this $5,000 check to Evan H. Snapper with a tice (DOJ) that it had mistakenly violated federal campaign memo saying it was for his daughter’s bat mitzvah? Cornwell finance laws at Cornwell’s direction, by using her money to had never even met the girl, nevermind approved such an purchase multiple tickets in other people’s names to fund- extravagant gift. raising events for political figures, such as Hillary Rodham The scene in Concord could have been the opening chap- Clinton, in order to circumvent limits on what an individual ter of one of Cornwell’s crime novels—two smart detectives, person can donate to a campaign. detecting something awry with their finances, sift through Before Cornwell knew it, FBI agents were knocking on the receipts in search of a smoking gun. In fact, it was the begin- doors of her friends’ and family members’ homes, investigat- ning of an all-too-real story of negligence, breach of contract, ing the alleged reimbursement scheme. Cornwell made it clear and breach of fiduciary duty by Cornwell’s financial manage- that she had not directed the conduct and had not known that ment company. Its unfolding would require three-and-a-half any of her representatives had been doing anything illegal. years, over 16,500 hours of work by Cornwell’s team of law- After several months, the investigation of Cornwell was for- yers—headed by BC Law alumna Joan Lukey ’74 of Ropes mally concluded, with no charges filed. But the so-called admission by Anchin of self-reporting the accidental violation to when cornwell questioned the handling the justice department ultimately backfired: Snapper was charged with and pled guilty of her investments, Anchin principal Evan to a felony violation of campaign finance reporting laws. He was fined and sentenced Snapper wrote in his emails to colleagues that to three years probation. In the eyes of Cornwell’s legal team, she was “(expletive) nuts.” At trial, attorney Anchin had crossed the line between professional and personal. That was evident Joan Lukey showed those emails to jurors. when the company finally responded to Cornwell’s request for the return of a model airplane one of her vendors had sent her. and Gray—155,000 documents, 36 depositions in several The plane, which had been sitting on Snapper’s desk before states, 72 motions (seven for partial summary judgment) and then, was delivered to Lukey in a flower box, broken in 10 motions in limine, and more than $7.7 million in legal fees. pieces. Snapper and Anchin denied responsibility for the The case concluded in February 2013 with a $50.9 million condition of the broken model. In addition, although Snap- award to Cornwell in US District Court in Massachusetts. per and Anchin denied any smear campaign, their release of Dr. Kay Scarpetta, the heroine in Cornwell’s award- Cornwell’s confidential financial records to the Department winning novels, would have been proud. Cornwell’s detection of Justice without her knowledge incensed Cornwell and of mismanagement was the preliminary evidence that she, her elevated her negligence and malpractice case into breach of company CEI Enterprises, and wife Gruber needed for the fiduciary duty territory. suit they filed in the fall of 2009 against the management firm, The stakes had been raised. Anchin Block & Anchin, LLP, and Evan Snapper, a principal “The twists in this story are, in fact, stranger than fiction,” of the company who had been overseeing the finances. To says Lukey, a well-established trial attorney. “It seemed to handle what at the time was thought to be a high dollar but us so egregious in terms of breach of fiduciary responsibility straightforward malpractice case, Cornwell turned to Lukey, to a client—not only the clandestine release of confidential who had successfully represented her years earlier in a defa- financial documents, but also what we believed to be mis- mation suit against another author. representations about Ms. Cornwell’s involvement—that the By January 2010, however, Cornwell had grown increas- case changed...from a fairly run-of-the-mill accounting and ingly fearful that Anchin and malpractice claim to a war over allegations of breach of fidu- Snapper had not only misman- ciary duty and false accusations.” previous spread: Author aged her funds, but also had, Though Cornwell’s lawyers had built the negligence and Patricia Cornwell leaves the after she filed suit, gone on the contract case in significant part on what Cornwell and Gru- Moakley Federal Courthouse after being awarded $50.9 offensive, launching a smear ber had found in those 103 boxes, they were still searching for million in a lawsuit she won campaign against her and Gru- the smoking gun to prove the breach of fiduciary duty claim. with the help of attorney ber. The management company Lukey believes that the latter did not really surface until Joan Lukey ’74. had already filed a counter- trial. According to the jury’s special verdicts, proving breach

24 BC Law magazine | spring / summer 2013 of fiduciary duty would mean the difference between about $6 million in damages for negligence and breach of contract, and the $50.9 million that was ultimately awarded this past February in Cornwell Entertainment, Inc. (f/k/a CEI Enterprises, Inc., and Cornwell Enter- prises, Inc.), Patricia D. Cornwell, and Staci Gruber, Ph.D., v. Anchin, Block & Anchin LLP and Evan H. Snapper. As of press time, US District Court Judge George A. O’Toole Jr. was still considering whether to remit part of the jury’s award, whether Anchin had also violated Massachusetts consumer protection laws, and, if so, whether he should increase the award under that finding. Lukey has also asked that her firm be reim- bursed more than $8 million in legal fees. anchin was founded in 1923 as a three- man partnership. On its website, the company says it has developed into one of the most respected firms in the region, providing a range of services, including audits, reviews, the compi- lation of financial statements, tax preparation, and financial advice. Most importantly, Anchin says it provides management services, stating, “Our aim is to become your trusted business advisors, assisting you in any way necessary to help you reach your goals.” Anchin was taking over the contract Corn- well had with Stanley Gillman, a principal with the firm formerly known as Yohalem Gillman & Company. At the time, in the early 1990s, Cornwell’s CEI Enterprises managed joan lukey its own finances, and Yohalem had advised on Cornwell’s investments and audited the books.

After Gillman’s death in 2002, his company mi ch ael manning merged into Anchin, which described itself as a “full-service created too many distractions. She could not find a peace- firm.” By 2005, Snapper and others had persuaded Corn- ful place to write, causing her to miss a book deadline for well to allow Anchin to take over all of her financial and the only time in her career. Her Scarpetta series would suf- business management, including buying and selling her real fer: Cornwell alleged that she lost $12 million in domestic estate, purchasing her cars and helicopters, and arranging advances and $4 million in international advances as a result her travels. of the missed deadline. To Cornwell’s understanding, she had agreed on a $40,000 That wasn’t her only claim: In the four-and-a-half years monthly fee for Anchin to provide all the financial and business that Cornwell had a contract with Anchin, her net worth had management the company had promised. And the relationship, stagnated despite her high earnings. More disturbingly in the she figured, would be to her benefit. Having been diagnosed minds of Cornwell and Gruber, they simply could not find in the past with a disorder that sometimes gave her mood documentation in the 103 boxes they’d searched as to the swings and made her easily distractible, Cornwell believed disposition of several million dollars, and electronic records the arrangement would allow her to focus on her crime series, provided months later did not answer their questions. without the distractions of handling her own finances, an area By the end of 2007, Anchin had paid itself almost $1 in which she acknowledged her own weakness. million during the preceding year without providing bills, Cornwell claimed at the trial that the concerns over her notwithstanding the $40,000 a month deal Cornwell thought finances, from having to relocate from her Concord home they had reached. because construction had not been completed, to worrying Payments were made for a rental apartment, even though about the risky investments Anchin made on her behalf, had Cornwell wasn’t staying there; transfer papers for the sale of

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a 2005 F430 Ferrari black coupe could not be located for lukey was a partner with WilmerHale when she met months; scores of checks amounting to hundreds of thou- Cornwell sometime around 2006. Lukey’s talents as a litiga- sands of dollars were voided without any clear explanation. tor had emerged early when, as a BC Law student in 1974, In one of the more egregious discoveries, Snapper had paid she was the anchor member of BC Law’s National Moot $200,000 for a 20 percent down payment (only 10 percent Court team (along with Lloyd John “Jack” Osborne and had been requested, according to the seller’s broker) on a $1 Michael Matchen) and the first woman to be named Best million home in Florida, even after Cornwell had indicated Oral Advocate in the twenty-five-year history of the National she no longer wanted to buy it. According to the buyer’s bro- Moot Court Competition. Years later, she was invited into ker, Snapper later asked him for a cut of the commission that fellowship in the prestigious American College of Trial Law- he received from the down payment. Snapper never got it, and yers and became its first woman officer, and in 2009 its first in the trial he denied the allegations. woman president. In 2009, Cornwell learned that her net worth was just over Cornwell, meanwhile, had also made a name for herself. $10 million—approximately the same as at the commence- Born in Miami, and living most of her life in the South, she ment of the relationship with Anchin in early 2005—even rose to fame with her crime novels featuring the heroine Kay though some $89 million of Cornwell’s money, including Scarpetta, a medical examiner with a law degree. The works earnings and funds from capital dispositions, had passed were inspired in part by Cornwell’s experience as a technical through Anchin’s hands in the previous four-and-a-half years. writer and computer analyst at the Office of the Chief Medi- cal Examiner of Virginia. To date, she has sold more than 100 million copies of books in the series. Earlier in her career, although anchin block & anchin denied she worked as a crime reporter for the Charlotte Observer. She also wrote a any smear campaign, their release without her biography in 1983 of family friend Ruth Bell Graham. knowledge of Cornwell’s confidential financial Cornwell met Gruber, a neuroscientist at Harvard University’s McLean Hospi- records to the Department of Justice incensed tal, in early 2004, when the author was researching the mental healthcare field Cornwell and propelled her negligence and for another Scarpetta book. The two hit it malpractice case into breach of fiduciary duty off, were married in 2005, and continued to live in Massachusetts. territory. The stakes had been raised. Cornwell had long had a fascination with the legal system. She once volunteered for the Police Department in Rich- mond, Virginia. Some of her characters When Cornwell questioned the handling of her invest- are based on real police detectives and district attorneys. ments, Snapper wrote in his emails to colleagues that she She has also donated funds to local police departments and was “(expletive) nuts.” At trial, Lukey showed those emails national forensic science organizations. to jurors. She asked Snapper whether he had been treating And in a bit of an ironic role reversal, Lukey had her own Cornwell with the “dignity and respect” required under his claim to the publishing field. She penned a legal thriller in company’s own policies. 1994 titled, A Fiduciary Duty. “Joan’s genius was to deflate any defense they could The two began working together when Lukey was tasked have,” says Alex MacDonald of Boston-based MacDonald with addressing an ongoing problem Cornwell had with a Vir- Rothweiler Eisenberg, who knows Lukey and admired her ginia-based man who had accused her of plagiarizing from one work as he followed Cornwell’s trial. of his self-published books. Cornwell had already persuaded He says that Lukey’s team could have faced challenges: a federal court in Virginia to grant a preliminary injunction They had a millionaire client for whom jurors might have had forbidding the man from trying to market his book with the little sympathy. And they had to overcome a defense claiming claim. Now, however, he was back, libeling her in online post- that no money was mismanaged, and arguing that everyone ings from a foreign country, under the belief she had no stand- lost money in the economic downturn and that Cornwell ing to stop him. Lukey obtained a court order requiring him to spent the rest. refrain from any more libel. And he slandered her, too. “One of the challenges for the lawyer and client was to “A bit of a bond formed over the fact that he was threaten- persuade a Boston jury that significant investment losses that ing, libeling, and internet stalking both of us,” Lukey recalls. occurred between 2007 and 2009 were not the simple result of And now that Cornwell had settled in Massachusetts, she market losses, as those were the recession years,” MacDonald would assign Lukey to her biggest case: Anchin. As Lukey says. Lukey overcame that issue and achieved what he calls “a amusedly put it, “I think I was the only non-entertainment profoundly significant financial verdict” by any measure. lawyer she knew.” (continued on page 59)

26 BC Law magazine | spring / summer 2013 Co v er Design: Ce c ilia S oro ch in, A r t : L u cy Hillenbran d

Flygare’s new book chronicles a nightmare with a happy ending As a first-year student at BC Law School, Julie Flygare ’09 thought she was at the top of her game. At Brown University, she’d been captain of the varsity squash team and a good student of creative non-fiction and art history. She was a runner, a natural competitor, someone who was up to the law school challenge. Until she wasn’t. Strange, embarrassing things began to happen: painful urges to sleep (sometimes in the classroom), extraordinary dreams, muscle weakness that caused her knees to buckle when she laughed or cried. The following excerpt is from her memoir, Wide Awake and Dreaming. It chronicles an early moment in Flygare’s battle with narcolepsy and cataplexy, neurological disorders that made her life a living hell but over which she has ultimately triumphed, thanks in part to the mentoring of Professor Mary Ann Chirba and others at the Law School.

East Wing 115 was a stadium-style word-for-word lecture transcription. I was still learning to inter- classroom in the basement of Bos- pret the language of the law, so I followed along, typing almost ton College Law School, where my every word that crossed Professor Liu’s lips, afraid I might miss Property Law class was held. Instead a nugget of wisdom that would be on the exam—the key point of windows, only a few orange-tint- that would be the difference between an A and a B, the divide ed bulbs dimly lit the subterranean between getting the big, fancy job I wanted and being rejected. room. Silhouettes filed in from the Yet, this particular day my desire to record every second of hallway. The projector hummed soft- class came up against another, equally strong desire—a dark ly, emanating a stream of blue and and unwelcome compulsion to go to sleep. green flickers onto the large screen About halfway through the class, a heaviness came over my at the front of the room. head, with a weight sitting on my skull. Next, my shoulders EEverything was state-of-the-art, from the wireless internet and elbows began to ache and a wave of nausea crawled up and electrical outlets at each seat to the rotating chalkboards, my stomach. I shifted in my chair to find a more comfortable dry erase boards, and projection screens. My law school section, position and stretched my head to one side and then the other, all eighty-five of us, settled along the various tiers of the under- hoping to dislodge the uneasiness swelling inside me. ground coliseum, staring into glowing laptop screens—our only Property class was an hour and twenty minutes long. I connection to the outside world. checked the clock on my computer; it was 2:52 p.m.—only twen- At the front of the room, a quiet man in his forties, Profes- ty-eight more minutes to go. I returned to typing feverishly. sor Joseph Liu, stood looking into his own computer screen, preparing to start our class. A few students chatted softly with neighbors. I fanned through the 1,000-page textbook to find the cases assigned for the day. At exactly 2 p.m., Professor Liu looked out at the students and everyone fell silent. He opened his mouth to inhale, and we placed our hands above our keyboards as if he were the conductor of a grand orchestra. When he spoke, the clicking began, softly at first, in the front row with the especially eager students typing away. As he continued on past logistic announcements into course material, more students joined in the chorus, reaching a crescendo about twenty minutes into class, when Professor Liu made a particularly important point. At that time, the entire room fluttered with the pitter-patter of various electronic notes. At this point, we were only a few weeks into our first semester and our note-taking was mostly flygare, left, credits Professor Chirba for giving her the courage to write a book.

previous page: jacket of Flygare’s book. CH RIS T OP H ER SOL DT, M S , B C

28 BC Law magazine | spring / summer 2013 I tried to ignore the burning sensation at the back of my eyes but the harder I worked to keep my eyelids open, the more it felt Julie Flygare Dreams Anew like a ferocious fire blazing behind them. I glanced at the bottom “Who’s to say that dreams and nightmares aren’t as real of my computer, 2:53 p.m. as the here and now?”—John Lennon Soon, Professor Liu’s voice faded. Some of his words echoed over and over while others went missing. I squinted to try to read he exhaustion that Julie Flygare felt in law the large font of his slideshow. My typing slowed to a lethargic school was nothing like that of a typical student. pace. The lecture slipped like sand through my fingers. Hers was a nearly catastrophic fatigue—mysteri- Eyes open, Julie. Just keep your ... ous at first, then frightening, and finally, life- Next, I opened my eyes and made direct eye contact with Taltering. Her disease, a complex neurological condition Professor Liu. I had no idea how long my eyes had been closed. Embarrassment flooded my body, and suddenly, I was freed from known as narcolepsy with cataplexy, disrupted her stud- my struggle against sleep. The weight lifted off my skull and the ies, ruined some of her relationships, and tormented her flames died down behind my eyes. physically and emotionally. All too soon, the heaviness returned and began seeping down- She entered BC Law in 2006 at the age of twenty-two. ward in my skull, sucking at my strength again. The time was now With an undergraduate degree from Brown University in 3:03 p.m. I walked out into the hallway. Dizzy and only partially art history, she aspired to become an arts and entertain- aware of my surroundings, I wandered toward the bathroom, as if ment lawyer. Athletic, smart, and determined, Flygare fit through a fun-house wavy mirror maze. the profile of someone who achieved her goals. I stumbled into a stall and sat down. My head collapsed over my But her brain—and neurological system—had other arms and legs. I just needed to rest. Consciousness drifted from me plans for her, all of which are described in harrowing de- and I started sliding off the toilet seat. I whipped back to atten- tail in her cathartic new book, Wide Awake and Dream- tion. The bathroom was silent. Thankfully, no one else was there. ing: A Memoir of Narcolepsy. The heaviness still sat on my skull. My mind teetered between Flygare’s story has a happy ending. Moving to Wash- the bathroom and darkness. I tried pinching the skin of my fore- ington, DC, after graduation, she became an effective arms to wake up. I started slapping my face. With increasing inten- advocate for narcolepsy research and policy and is found- sity, I slapped myself again and again as hard as possible. These ing a nonprofit to raise awareness about sleep health and slaps were satisfying, not only because they woke me up, but also disorders. She established an informative, upbeat blog, because they released a rage in me for not having the backbone julieflygare.com/rem-runner-blog/, which has garnered and discipline to perform the simplest of tasks, of just… staying… the attention of fellow sufferers, the press, health ex- awake. When I’d had enough, I jumped up and down a few times, perts, and policy makers. She led a successful campaign like a boxer preparing to enter the ring. to have narcolepsy selected for the FDA’s Patient-focused Out of the stall, I looked in the mirror at the girl with glassed- Drug Development Initiative, a dark horse victory that over eyes. What is your problem? I splashed cold water on my face and patted a wet paper towel under my chin and against the back ensures official scrutiny of the often overlooked disease. of my neck, hoping to refresh myself. Despite the risk of sudden muscle failure because of cata- I took a few deep breaths and rearranged my hair to curve my plexy, she ran the Boston Marathon in 2010 and the Mt. bangs over my forehead. I straightened the collar of my pink dress Washington Road Race in 2012. shirt. On the outside, everything looked right. First, though, she endured confusion, frustration, and The fog had lifted. I returned to class with eyes turned down- sorrow as she saw the life she’d known, and the future ward, hoping Professor Liu wouldn’t notice me again, the same she’d expected, slip away during her law school years. student whom he’d caught sleeping minutes earlier. The time was “At first, I only saw what narcolepsy took away from 3:13 p.m. I’d missed ten minutes of precious lecture time. me. I was angry and grieved for the ‘stronger’ person I’d Placing my hands back on my keyboard, I scrolled up to review been before,” she wrote in the Spring 2012 issue of Com- my notes. The top of the page was organized neatly in a variety of munity magazine, a publication of the Caring Voice Co- fonts and bullet points. Half way down, the order fell to pieces— alition. “Then, something shifted. I realized that ‘health’ with half-sentences, words standing alone, and even letters that was not a guaranteed, full-package ride. Narcolepsy woke formed no words at all. Legal terms co-mingled with random plac- me up to my life.” es and names from outside of law school. My stomach tightened. Helping along the way were people like Professor I’d interwoven the lecture with a dream in a nonsensical stream of Mary Ann Chirba, who had Flygare in Health Law class. consciousness. Chirba was so impressed by a paper that Flygare wrote Drawing my cursor over the scrambled words, I quickly erased the about the Orphan Drug Act’s efforts to incentivize big gibberish. pharma to develop therapies for rare diseases like hers, The last few minutes of class passed fairly smoothly, with only that she urged her to take her writing seriously and pur- a few minor dips toward sleepiness. I closed down my computer sue it professionally. after class, knowing there were major gaps in my notes, but I’d have to catch up later. What concerned me most was escaping the “I feel beyond lucky for Professor Chirba’s support,” law school basement. says Flygare. “She gave a voice to my deepest dream of writing before I had the courage to admit that dream Excerpted from Wide Awake and Dreaming: A Memoir of Nar- myself.” —Vicki Sanders colepsy, Mill Pond Swan Publishing, Arlington, VA (2013), with permission of Julie Flygare. Copyright © 2013 by Julie Flygare. To obtain the book and learn more about Flygare’s life and work, visit www.julieflygare.com.

www.bc.edu/lawalumni 29 The Making of a Humanist Enduring childhood travails that could have soured a lesser man, Dannel Malloy triumphed over labels of mental retardation to become Governor of Connecticut, where he was tested again by the Newtown massacre. t By Jeri Zeder

30 BC Law magazine | spring / summer 2013 ap images The Making of a Humanist he old adage, “show, don’t tell,” family. Some of that therapy was excruciating: One exercise seems to be Dannel P. Malloy’s had him, as a fourth grader, on all fours, painstakingly trying preferred mode of expression. The to move each of his limbs according to spoken instructions governor of Connecticut, Malloy until he successfully crawled across the floor. ’80 tends to reveal himself through His mother introduced some strategies of her own. To help vignettes. It’s how he traces his path Dannel tell his right hand from his left, when he was ten years from a young boy mislabeled “men- old, she gave him a ring with his birthstone (garnet) to wear tally retarded” to magna cum laude on his right hand. And she gave him a radio for his bedroom. graduate of Boston College, BC Law “One of the interesting things my mother figured out was that alumnus, successful prosecutor, longest-serving mayor of I was an aural learner,” Malloy says. “She figured if I listened Stamford, and chief executive of the fourth most prosperous to that, I would pick up vocabulary, I would pick up nuances, state in the Union, as measured by median household income all of that.” in 2011. HeT doesn’t declare that he’s smart, or resilient, or By eighth grade, Malloy’s physical challenges were pretty empathetic. If you want to draw those—or opposite—conclu- much resolved. His reading was improving, but many of his sions about him from his stories, that’s up to you. Which is other learning issues persisted. Here again, his mother’s input what makes this statement of his all the more remarkable: was key. Rather than force her son to learn things he couldn’t, “I’m probably one of the people who became a better she focused on his strengths: oral communication, memory, humanist as a result of a legal education.” comprehension, intuitiveness, people skills, and leadership. Why Malloy sees himself as a humanist is suggested in his “I’ve joked I’ve held office continuously since fourth grade,” life story, which he shared with BC Law Magazine in advance Malloy says, referring to his stint as senior patrol leader for of his receiving the Law School’s St. Thomas More Award on his Boy Scout troop. Of his weaknesses, Malloy says, “I’m Law Day 2013. That story now includes, of course, his lead- embarrassed by them to this day. When people ask me to ership following the December 14, 2012 massacre at Sandy write things, it elicits a physical reaction in me because it’s not Hook Elementary School in Newtown, Connecticut, where something that I’m comfortable doing. Maybe some people he helped to comfort a community and to pass some of the overcome learning disabilities. I learned how to compensate toughest gun safety legislation in the nation. Yet even he can- for them.” not explain his handling of that tragedy, except to say, “It was a response that was formulated over fifty-seven years of life.” Making It to High School His life didn’t always look so promising, however. Grow- By high school, Malloy was managing academically, and was ing up with profound learning and physical disabilities, Mal- receiving better in-school support. He used recorded books loy faced enormous challenges. Through most of elementary for the blind, and joined the football team. But a football school, he could not read or do math. His movements were injury and ensuing complications landed Malloy in the hos- jerky. He didn’t learn to button his own shirt or tie his shoe- pital. Seriously ill with pancreatitis and ulcers, he lost sixty laces until he was ten years old. He was bullied not only by pounds and was near death before doctors figured out how to his classmates, but also by his teachers, one of whom regularly save him. By the time he recovered, his senior year was ending humiliated him by posting his failed spelling tests at the front and he hadn’t applied to a single college. Topping it all off, his of the classroom. SAT scores were underwhelming. Malloy’s saving grace was his mother, Agnes. Dannel He contacted colleges anyway, explained who he was, why was her youngest of eight children, some of whom also had he was applying late, and asked if they’d take a chance on processing disabilities, though none as severe as his. “I have him. “A couple of schools wrote back that they were, in fact, some old reports that my mother kept from schools where interested,” Malloy says. “One of those was Boston College.” they would be critical of her because she expected too much He drove up there with his father. “I was the first person of her son, who obviously wasn’t going to live up to what accepted at the school taking into consideration my learning she was hoping for from him,” Malloy says. “They were very disability as opposed to a physical disability,” Malloy says. dismissive of her, very dismissive of my potential.” Agnes He spent the day being interviewed and assessed as the college Malloy was not some sort of win-at-all-costs tiger mother, tried to figure out how to help him. however. Hers was a muscular kindness. “She had learned a BC ought to have been a perfect fit for this son of an Irish lot from raising other children, and she just decided that the Catholic family, except, as Malloy recounts: “We’re driving most important thing was that her children turn out to be nice back to Connecticut and my dad says, ‘You know, there’s people, and happy people, and that they like themselves and only one problem.’ I said, ‘What’s that, Dad?’ and he said, they express that by being nice to other people,” Malloy says. ‘Well, your mother doesn’t like the Jesuits.’” “I think that was first and foremost in her mind, and then sec- “Sure enough,” Malloy says, “I had to go back two weeks ondly, that her children, particularly her youngest son, me, get later, and my mother had to see the place and understand that all the chances and opportunities and help that would allow maybe it made sense for me to go there.” me to reach what she saw as my potential.” At BC, his reading advanced to the point where he stopped Malloy needed a lot more help than the public schools relying on recorded books. He was allowed extra time on tests provided at the time. For years, his father, who worked in and permitted to answer essay questions orally. He dictated the insurance industry, and his mother, a nurse, paid out-of- his papers to his freshman-year girlfriend and future wife, pocket for his after-school tutors, summer school, and physi- Cathy, who typed them up for him. He graduated BC in four cal therapy—quite a financial feat for a solidly middle class years with the highest honors.

32 BC Law magazine | spring / summer 2013 Law school was an ambition sowed in college. “No one in But it was his mother’s words, and their comfortable echo in my family had ever gone to graduate school,” Malloy says. the social justice mission of BC Law, that resonated most for The guys in his freshman dorm first planted the idea. “Half him: “Something my mother would always say to me—actu- of them wanted to be doctors, half of them wanted to be ally, she said it almost every day we were alive together—she lawyers, and I knew I wasn’t bright enough to be a doctor, would remind me that I had an obligation to leave the world a so I said lawyer,” he recalls. “Over time, in college, as I came better place for my having lived in it. I think BC’s approach to to understand what lawyers did, the advocacy, the authority the law was you had an obligation to make the world a better or influence of lawyers, I thought that that was probably a place because you were a lawyer,” he says. good way to express myself.” He was admitted to several law Two decisions Malloy made the day of the Sandy Hook schools and decided to continue on at BC Law; he loved the shootings bring that outlook to mind. In one, he determined school, and had a job there, which would help him finance his that a law enforcement officer would be assigned to each of legal education. He was vice chair of the American Bar Asso- the victim’s families to help with anything they needed, up to, ciation student division, and after graduating, passed the New and in some cases, beyond, the funerals. The officers handled York and Massachusetts bar exams. everything from funeral logistics to simply answering the front door. “I’ve spoken to a couple of the troopers that we assigned The Path to Politics to families,” Malloy says. “Each of them has said that it was Malloy began his legal career as an assistant district attorney one of the most meaningful experiences of their lives.” in Brooklyn, where he tried twenty-three felony cases in a year In the other decision, Malloy frankly flouted police pro- and a half and won twenty-two of them. His entered politics tocols. Ordinarily, you need to identify a body before you when he returned to Connecticut, serving on Stamford’s vari- inform the family of a death. But by the afternoon of the ous public boards and starting his own law practice. In 1995, shootings, Malloy knew that any survivors had been account- he was elected mayor of Stamford and served for fourteen ed for, and identifications were going to take time. He chose years. He announced his candidacy for governor in 2004, but not to prolong the families’ agony and to tell them himself lost in the Democratic primary. He ran again in 2010, this that their children were gone. As parents gathered at the fire time successfully, and was sworn in on January 5, 2011. station for Malloy’s briefing, the governor chose his words Malloy hasn’t formally practiced law in nearly twenty years, carefully. “I strove not to use the words ‘death’ or ‘dead,’” he but, he says, he uses his legal education every single day. “One says. “In fact, when I said that it was a crime scene and you of the great strengths of American legal education is the obliga- are not going to be reunited, somebody yelled, ‘What about tion to learn how to understand all sides of an argument,” he the people who were taken to the hospital, what about the says. “I think that’s one of the reasons I’m here today, and why children who were in the hospital?’ And to that, I said, they I take on the issues I take on, whether it’s the death penalty or expired. I don’t know how they all took it, to tell the truth.” other social issues—like the fact that we passed a Dream Act here in Connecticut, or that I advocate that your immigration status should have nothing to do with the fact that you get a “Something my mother said almost driver’s license. A driver’s license is to make sure that the roads are safe. It’s not part of our foreign policy. These are issues that every day we were alive together— I think I came to through legal education.” An issue that Malloy has become closely identified with she would remind me that I had an is gun violence prevention. After the Sandy Hook massacre, Malloy convened an advisory commission to review Con- obligation to leave the world a better necticut’s gun laws, mental health system, and school safety program. The state legislature, meanwhile, convened its own place for my having lived in it.” bipartisan advisory task force. When the task force missed its deadline (the advisory commission’s deadline was still weeks Malloy frequently presents himself as a symbol of hope for away), Malloy announced his own proposals, both to frame others struggling with learning disabilities, speaking regularly the debate and to keep momentum from flagging. The task before students, schools, parent groups, and organizations. “I force issued its proposals a week later. Its members had man- had a woman bring her son in three weeks ago,” he says. “She aged to agree on mental health and school safety, but not on works for the state. She knew my story and wanted me to talk gun control. Malloy reached out to constituents and political to her son, so I found fifteen minutes to do that.” leaders to drum up grassroots support for a stronger bill. In There’s a saying in the air these days: What gets in the way the end, he signed into law gun violence prevention legisla- of the work is the work. Whether he’s clearing his calendar tion that contains most of what he initially outlined, with this for a child with learning disabilities, analyzing a political posi- exception: The law does not ban high capacity magazines. tion he sees not as partisan, but as sane, seizing a crisis to try Malloy still supports a ban. to make his state safer, or offering the powers of his office to It is when discussing his political stances that Malloy heal, Malloy seems to discern what, at any given moment, the makes the claim that his legal education made him a bet- work really is. Perhaps that’s what he means when he calls ter humanist. He cites other influences as well: He worked himself a humanist lawyer. in Congress for Father Robert Drinan, once a dean at BC Law; he came of age during the Vietnam War; he attended Jeri Zeder is a contributing writer to BC Law Magazine. She a Catholic college during the heyday of liberation theology. can be reached at [email protected].

www.bc.edu/lawalumni 33 [ G l o bal E n g a g ement ] Where BC Law’s commitments to justice and international law converge

able grapes in winter are a nice out- come of globalization. The world- T wide economic recession caused by the US subprime mortgage crisis is not. Is it possible to tame globalization to get more of the good and less of the bad—and to effectively address problems, like climate A Long View of the World change, that require global solutions? Professor David A. Wirth thinks Wirth imagines what a global regime will really look like so. Wirth is an integral member of BC Law’s international law faculty. The Law School’s leadership in the fields of international law and globalization is reflected in an invitation extended to Wirth to give the keynote address at a recent conference entitled “Enhancing Stability in the International Economic Order” at the New Zealand Center of Economic Law, Victoria University in Wellington. (Wirth’s related paper: “A World of Choices.” New Zealand Journal of Public and Interna- tional Law 10, no. 1 (2012): 1–14.) “The world is a changing place,” Wirth says, “because of a variety of discrete phe- nomena that can be identified: trade liber- alization, increased economic activity, and so on. The task is to integrate them all and focus them toward a world that fifty or one hundred years from now we’re going to want to live in, as opposed to one that we’ll find uninhabitable.” But how? The current global regime, Wirth notes, in many ways hinders the shaping of globalization for the benefit of the world’s people. For example, while the nations of the world argue, negoti- ate, legislate, and litigate over where the free market/regulatory “sweet spot” is located for any given economic issue, they frequently neglect the bigger picture. One nation’s pro-environmental policy is another nation’s anti-trade nemesis. One nation’s protection of labor rights is another nation’s impediment to legitimate business. The problem is compounded when individual nations are motivated by special professor wirth says one factor in interests rather than what Wirth calls shaping an effective global regime is genuine national priorities. In this regime, empowering the world’s people through important and laudable social agendas, technology and communication. such as environmental sustainability and labor rights, fall away. Wirth zooms out. “Even if this jurisprudence were to evolve for decades more,” he said in his keynote,

suzi c amara t a “it still would fail to address the much

34 BC Law magazine | spring / summer 2013 larger question of where globalization is among these different functional special- our global or should be taking our world.” ties. The problem is how to integrate network Overcoming the drawbacks of the these previously disparate areas without current regime will require creativity and losing focus,” Wirth says. political will, Wirth says—and will entail Can the world community devise and Dean Named for input of international actors other than adhere to treaties framed around the Gobal Initiatives Professor Frank Gar- nation-states. Hints of that future are global common good, or establish a more cia was appointed visible today. For example, it is multina- effective system of international institu- Associate Dean for tional corporations, far more than gov- tions? What would these treaties say? Global Initiatives, a ernmental regulation, that oversee inter- What would that system look like? “The new position de- national food safety. “Corporations are challenge for lawyers, policymakers, signed to enhance very concerned about the quality of the international relations experts, CEOs of oversight and coherence of existing global initiatives and the international food they sell, and they have every incen- multinational corporations, non-govern- curriculum at BC Law. Among his many tive to reach up the supply chain on their mental advocacy groups—everybody—is responsiblities are supervising the LLM own, without government intervention to come up with better ways to organize and London programs, coordinating and a governmental mandate to assure ourselves on the international level,” with the Center for Human Rights and the quality of what they’re selling. Why? Wirth says. It might help, for example, if International Justice, and overseeing Because of the concern for the integrity of international institutions subsumed the the Legal Studies Colloquium. brand name,” Wirth says. “If you think categories of trade, investment, human about it, if McDonald’s were to have one rights, and sustainability under one Ingenuity in Italy outbreak, no mother would take her child umbrella value—call it, say, sustainable Amedeo Santosuosso of the University to go have a McDonald’s hamburger.” development—where they would com- of Pavia in Italy presented a ground- Even so, the profit motive does not plement, rather than compete with, each breaking idea to BC Law faculty in always align with pro-social goals, sug- other. The trick would be to do so with- February. He’s hoping to build a robust system for data exchange that will gesting that there are both opportunities out losing focus, Wirth notes. Another remove existing cultural and linguistic for, and limits to, the contributions of positive step would empower the world’s barriers to international cases. business to a sustainable global future. people, through the internet and other Other international actors in the cur- forms of technology and communication, rent regime—institutions like the World to shape the direction of globalization. To Russia with Love Trade Organization, the International Voluntary private-industry partnerships Benjamin Barkley ’14 was among a select group of students to receive Monetary Fund, the World Bank—have that yield pro-consumer, business-led the US State Department’s Critical done substantial good. “The ozone hole standardization and self-regulation can Language Scholarship. He returns this over Antarctica is expected, as a result also put markets on the side of global summer to Russia, where he lived as a of multilateral efforts, to heal by the civil society. child, for immersion at the Kazan Insti- middle of the century,” Wirth says. According to Wirth, these preliminary tute of Social Sciences and Humanities. “The World Trade Organization has approaches pull us away from today’s made substantial strides in opening up state-dominated model. What we sub- Globe Trotters marketing and reducing trade barriers. stitute for that model isn’t entirely clear Of the 12 recipients of the BC Clough So, this functional approach that is carv- right now. “We’re in a transition state,” Center’s new $5,000 public interest ing up areas into different substantive Wirth says, “and we’re seeing the adverse scholarships for summer study are 4 specialties is not without its benefits.” effects of that in the form of gridlock on engaged in international matters: An- Yet, these same institutions have fallen the international level. We need a bet- drew Haile ’15 with the International Organization for Migration in Switzer- short in other important arenas, such as ter system of multilateral governance, at land; Stephen Kelly ’14 with the dis- global trade development (for example, least in the near and medium term, that enfranchised in Guatemala who aren’t the failed Doha agenda) and global cli- makes what we have more effective and, benefiting from treaties designed to mate change. “The problem is that, as ultimately, moves incrementally to a gov- help them; Lillian Khoury ’15 at the it becomes increasingly apparent that ernance structure that mirrors the way US Department of Justice researching everything is connected to everything the world actually is.” criminal justice assistance programs in foreign countries; and Benjamin Levine else, then we see rifts and conflicts —Jeri Zeder in Sierra Leone training paralegals and improving access to legal services.

Recent Samples Thomas C. Kohler Vlad Perju Brian JM Quinn from Our Global “Hugues-Felicité- “Constitutional “Foreword” in Think Tank Robert de Lamennais Transplants, Regulation of (1782–1854),” in Borrowing, and Securities Offerings Hugh J. Ault the Encyclopedia Migrations,” in and Investment Comparative Income of Catholic Social The Oxford Handbook Banking: Cases and for enhanced and related Taxation: A Structural Thought, Social of Comparative Materials for Study content online, visit Analysis, Peking Science, and Social Constitutional Law, in US Securities Act University Press, Policy. Oxford University of 1933, China www.bc.edu/ Chinese translation Press. Financial Publishing of 2010 volume. globalengagement House.

www.bc.edu/lawalumni 35 [ F acult y ]

professor plater still dreams about the Little Tennessee River and wakes up thinking about what more he could have done to save it. suzi c amara t a

Four Decades Later, Still a Dam Shame

Plater’s book reveals ingenious, but doomed, attempt to save a Tennessee way of life

n 1974, Zyg Plater was a young assis- Just published by Yale University Press, perch family, an endangered fish that tant professor at the University of Ten- The Snail Darter and the Dam: How Pork- became the subject of intensive ridicule in Inessee Law School, teaching property Barrel Politics Endangered a Little Fish and press coverage of the case: the snail darter. and environmental law, when he started Killed a River (http://www.indiebound. Farmers in the river valley had already working with a group of local farm- org/book/9780300173246), tells how the been fighting the dam for more than a ers, fishermen, and activists to fight a Tennessee Valley Authority (TVA), despite decade when Plater took the case. They local dam-building project. Now, nearly having lost in the Supreme Court, made an thought they’d exhausted all remedies, four decades later, Professor Zygmunt J.B. end run in Congress to push through its until a biologist discovered the darter and Plater of Boston College Law School has building of the Tellico Dam on the Little Plater got it listed under the then brand- written a lively, insightful, occasionally Tennessee River. Plater, as co-plaintiff and new Endangered Species Act. That gave infuriating, and ultimately heartbreaking lead counsel, had used the Endangered Plater and his students the fresh angle that account of the historic case that arose from Species Act to gain an injunction against was needed—but it also gave the TVA that fight, Hill et al. v. TVA. the dam because of a tiny member of the publicity machine a funny-sounding little

36 BC Law magazine | spring / summer 2013 [ F acult y ]

The initial framing of harder to persuade his clients to let him use smart moves their names. “I would have spent enough time informing their consent to get their the case—stopping a Brainy Bunch consent.” Putting the farmers first, he Professor Vlad Perju assembled a stellar federal dam to save a says, would have shifted the media’s entire cast of speakers to discuss constitutional understanding of the story from ecofreaks- democracy and jurisprudence at BC’s tiny endangered fish— vs.-progress to citizens-vs.-boondoggle— Clough Center this year. Among the no- and that, he argues, is critical to how a case tables: Nobel Laureate Amartya Sen, Fred- is perceived, not just by the public but by erick Schauer of the University of Virginia, ultimately made it Robert George of Princeton, and Nicola Congress and the courts. Lacey of All Souls College, Oxford. politically possible for “I knew—oh, God, I knew!—it would make a huge difference if only the report- Congress to let TVA’s ers would talk to the farmers,” Plater says. A Godsend BC Law chaplain Fred Enman, SJ, ’78 re- But they didn’t, and so the story remained ceived the Della Strada Award from the bulldozers roll. as TVA was telling it: a silly little fish stop- Ignatian Volunteer Corps New England for ping a great big dam. That framing made his work with Matthew 25, a non-profit he it politically impossible, Plater argues, to founded nearly twenty years ago to pro- minnow and, with it, the chance to paint stop Congress from finding a way to let the vide rental housing for low income people. the plaintiffs as Luddite ecology freaks. well-connected TVA’s bulldozers roll. So As Plater explains, however, much he hopes to teach his students that attor- Legal Lit more than the snail darter was at stake. neys must deal not just with laws and facts, Writing together paid off for librarians The TVA was condemning more than 300 but also with perceptions and stories. Laurel Davis and Chester Kozikowski, family farms (most for re-sale), destroy- “A modern legal education needs to whose “Rare Books and Technology: Col- ing historic sites, and flooding sacred take account of the fourth estate,” Plater laborating within the Library” won the AALL Spectrum Article of the Year Award. Cherokee lands, eliminating rich alterna- says. “I’ll always have a student who says, Another twosome, Mary Bilder and Sharon tive development options. This was all for ‘You’re talking about this like politics O’Connor, received the Law Library Journal a project that, despite its PR campaign, and psychology is part of what we do, Article of the Year Award for “Appeals to was designed primarily for land develop- but we’re here to study law.’” Laughing, the Privy Council before American Inde- ment and recreation, not hydroelectricity he says graduates often come back with pendence: An Annotated Digital Catalog.” and flood control. Today the Little T, as a different view, once they’ve actually the river was known, once a fly-fishing started practicing law, saying he should tell How to Pick ’Em mecca that flowed through rich farmland, students that “it’s 90 percent politics and Professor Mary Bilder (and five BC Law is a degraded reservoir surrounded by psychology!’” grads) were named to US Senator Eliza- McMansions. Transplanted darters now And tell them he does. beth Warren’s Advisory Committee on survive precariously, still threatened, in a —Louise Kennedy Massachusetts judicial nominations. Bilder, along with Marianne LeBlanc ’93, Walter couple of rivers nearby. Prince ’74, Mike Jennings ’72, John Pucci “I still have Little T dreams,” Plater Louise Kennedy, a longtime Boston Globe ’80, and Mike Mone ’67, will review ap- says, “still wake up thinking of more I writer and editor, lives in Newton. plications. could have done.” The first thing he could have done, he tells his BC Law students Hires and Promotions today, was a better name for the lawsuit. “I Francine Sherman ’80, for many years a tried to name it ‘Tellico Farmers v. TVA,’” Snail Darter Case Firsts visiting clinical professor and director of he says. “I’m convinced that if we’d done the Juvenile Rights Advocacy Project, was n 1st endangered species law case in named Associate Clinical Professor, as was so the river would still be flowing,” because Supreme Court reporters interviewing farmers would have Mary Holper, who worked at BC Law pre- discovered the project’s dubious economics n 1st time US Attorney General viously as a detention attorney, human defeated in oral argument rights fellow, and visiting assistant pro- and land condemnations. fessor. Katharine Young from Australian But the farmers who brought a prior n 1st government entity authorized National University College of Law and suit worried they’d be seen as getting an to decide on extinction (presidential Boston University was named Associate unfair second chance. After years of fight- cabinet committee reached unanimous Professor. David Olson and Brian Quinn ing the dam, they had tired of being bullied economic verdict in favor of fish) were promoted to Associate Professor with by developers, criticized by neighbors, n 1st court case to protect tenure; Mary Rose Papandrea was promoted to Full Professor. The new Assistant and even audited by the IRS in the TVA’s endangered species’ critical habitat and species itself Dean for Career Services is Heather Hayes apparently far-reaching campaign to get ’95, most recently director of legal recruit- them off their land. So Hank Hill, one of n 1st congressional override of ment at WilmerHale. Sherry Xin Chen, who Plater’s students, became the lead plaintiff. economic verdict ordered by same holds degrees from the University of Michi- Plater tells his students today that, with Congress gan, is Legal Information Librarian and more experience, he would have fought Lecturer in Law.

www.bc.edu/lawalumni 37 [ F acult y ] Academic Vitae

Compiled and Edited by Deborah J. Wakefield

Richard Albert Activities: Discussion leader and Council before American Inde- Other: The civil procedure case- Assistant Professor session chair, “Capacity Build- pendence: An Annotated Digital book he co-authored is now in Presentations: “The Expres- ing on Tax Treaty Negotiation Catalogue.” its fourth edition and has been sive Function of Constitutional and Administration,” meetings adopted by 56 civil procedure organized by the Financing Robert M. Bloom professors at 35 law schools. Amendment Rules,” African and Professor African Diaspora Studies 2012– for Development Office of the United Nations Department of Recent Publications: Cases on George D. Brown 13 Works-in-Progress Lecture Robert F. Drinan, SJ, Professor Economic and Social Affairs and Criminal Procedure 2013–2014. Series, Boston College in Jan. of Law the International Tax Compact, New York: Wolters Kluwer, Activities: Served as judge for the Rome, Italy, in March. 2013. With Mark S. Brodin. Recent Publications: “Notes on League of Women Voters’ Fourth Criminal Procedure: The Con- a Terrorism Trial—Preventive New Appointments: Senior visit- Annual Civics Bee, Weston, MA, stitution and the Police, 7th ed. Prosecution, ‘Material Support,’ ing fellow at the Max Planck in March. New York: Wolters Kluwer, and the Role of the Judge after Institute for Tax Law and Public 2013. United States v. Mehanna.” Har- New Appointments: Board mem- Finance, Munich, Germany. vard National Security Journal 4, ber, Scientific Advisory Com- Activities: Joined members of the Other: Recipient of the Special no. 1 (2012): 1–57. mittee, International Journal of Washington, DC, chapter of BC Service Award at BC Law’s 2013 Constitutional Law. Secretary Law Alumni Association for the Other: Featured guest on WUMB Law Day. and member, Executive Com- introduction of Jared Huffman Radio’s Commonwealth Journal mittee, Association of American Thomas A. Barnico ’90 as a new member of the US on the topic of national security Law Schools (AALS) Section on Visiting Professor Congress serving California’s law in April. Comparative Law. Chair, Nomi- 2nd District. nating Committee, AALS Section Presentations: “State Attorneys R. Michael Cassidy on Law and Religion. Member, General and the Non-unitary E. Joan Blum Professor Executive,” to students in Judge Associate Professor of Legal Executive Committee, AALS sec- Recent Publications: Prosecuto- Jeffrey S. Sutton’s State Constitu- Reasoning, Research, and tions on Constitutional Law and rial Ethics, 2nd ed. St. Paul, MN: tional Law course, Harvard Law Writing South Asian Studies. West Publishing, 2013. School in Jan. “State Taxes and Presentations: Presentation spon- Alexis J. Anderson Federal Courts: Old Limitations, sored by State Department’s Presentations: “Strategic Aus- Associate Clinical Professor New Issues,” Massachusetts Bureau of Narcotics and Interna- terity: How Some Law School Department of Revenue in Jan. Recent Publications: “‘Custom tional Law Enforcement Affairs Affordability Initiatives Could and Practice’ Unmasked: The on her experience conducting Actually Improve Learning Out- Paulo Barrozo comes,” 2013 Chapman Law Legal History of Massachusetts’ Assistant Professor judicial training programs on Experience with the Unauthor- legal analysis and writing in Review Symposium: “The Future ized Practice of Law.” Massachu- Presentations: With Frank J. Gar- Bosnia, US Department of State, of Law, Business, and Legal setts Law Review 94 (January, cia, “Encounters with the Other Washington, DC, in Feb. Education: How to Prepare Stu- 2013): 124–141. and with Ourselves: Faith, Law, dents to Meet Corporate Needs.” and Commerce in the Portuguese Other: Served as a Fulbright Chapman University School of Hugh J. Ault Opening of the East,” Boston Specialist at the University of Law, Orange, CA, in Feb. Professor Emeritus College McMullen Museum of Sarajevo Faculty of Law School, New Appointments: Appointed Recent Publications: Comparative Art in May. Sarajevo, Bosnia and Herzegov- ina in April and May. In addition to a three-year term, Execu- Income Taxation: A Structural Mary Sarah Bilder tive Committee, Association of Analysis. Beijing: Peking Univer- to her primary responsibilities Professor at the law school, she was asked American Law Schools Section sity Press, 2013. Chinese transla- on Professional Responsibility. tion of 2010 volume originally Presentations: “Madison’s Hand: by the US Embassy in Sarajevo published by Kluwer Law Inter- Revising the Constitutional to give presentations to other Mary Ann Chirba national. Convention,” Legal History groups. Professor of Legal Reasoning, Workshop, Harvard Law School Research, and Writing Presentations: “Basic Interna- in April. Mark S. Brodin tional Tax Principles Dealing Professor Recent Publications: With Alice New Appointments: Appointed with Intangibles,” OECD Direc- Recent Publications: With Robert A. Noble. “The Myth of Cer- by Massachusetts Senator Eliza- torate for Science, Technology, M. Bloom. Criminal Procedure: tainty: Post-Election, There’s Still beth Warren to the Advisory and Industry/MIT Sloan School The Constitution and the Police, No ‘Insurance’ Obamacare Will Committee on Massachusetts Center for Digital Business 7th ed. New York: Wolters Klu- Work.” BC Law Magazine 21, Judicial Nominations. workshop, “A Policy Framework wer, 2013. With Michael Avery. no. 1 (2012): 10-11, 48. for Knowledge-Based Capital,” Other: With Sharon O’Connor, 2013 Cumulative Supplement Presentations: “The Importance National Academy of Sciences, recipient of the Law Library to Handbook of Massachusetts of Fact Analysis at the Appel- Washington, DC, in Dec. Journal Article of the Year Evidence. New York: Wolters late Level: Lessons from the US Award for “Appeals to the Privy Kluwer, 2012. Supreme Court’s ‘Obamacare’

38 BC Law magazine | spring / summer 2013 [ F acult y ]

Decision,” New England Consor- Laurel E. Davis Incentive Pay: Evidence from Haven: Yale University Press, tium of Legal Writing Teachers Legal Information Librarian, Executive Pensions and Deferred 2011. Republished in Korea, Regional Conference, UMass Lecturer in Law, and Curator Compensation.” Journal of Japan, the UK, and in a new School of Law, North Dart- of Rare Books Corporation Law 38 (2012): paperback edition. mouth, MA, in Dec. Recent Publications: With Ches- 53–100. “The Role of Charity in a Federal System.” William Presentations: Featured speaker, Daniel R. Coquillette ter Kozikowski. “Rare Books DEMOS Monthly Meeting, New and Technology: Collaborating and Mary Law Review 53, no. 3 J. Donald Monan, SJ, Professor (2012): 777–851. York, NY, in Jan. “Progressive of Law within the Library.” AALL Spec- Possibilities for Corporate Law,” trum 17, no. 1 (Sept/Oct. 2012): Presentations: “Does Federal keynote lecture, Corporate Law Recent Publications: “Past the 14–16. Spending ‘Coerce’ States? Evi- Teachers Association Annual Pillars of Hercules: The Science dence from State Budgets,” Conference, the Australian of Rulemaking.” University of Other: With Kozikowski, recipi- James Hausman Tax Law and National University, Canberra, Michigan Journal of Law Reform ent of the 2013 American Asso- Policy Workshop Series, Uni- Australia, in Feb. “The Company 46 (2013): 549–592. With Greg- ciation of Law Libraries (AALL) versity of Toronto Faculty of Board as Regulatory Body,” ory P. Joseph et al. Loose-leaf Spectrum Article of the Year Law, Toronto, Ontario, Canada, Corporate Law Lecture Series, and online updates to Moore’s Award. in Feb. “Carrots, Sticks, and Queen Mary School of Law, Federal Practice (2012 edition). Scott T. FitzGibbon Salience,” Duke University Law University of London, London, New York: Matthew Bender, Professor School, Durham, NC, in Feb. England, in Feb. 2012. Recent Publications: “The Bio- Activities: Panelist, “Apocalypse Presentations: “Challenges to Frank J. Garcia logical Basis for the Recognition Professor Now or Much Ado about Noth- Modern Rulemaking,” BC Law of the Family.” International ing? An Election Post-Mortem on faculty workshop in Nov. “Pre- Recent Publications: Global Jus- Journal for the Jurisprudence of the Effects of Citizens United,” sentation of New Research on tice and International Economic the Family 3 (2012): 1–36. Boston Bar Association in Dec. the First Black Graduates of Law: Opportunities and Pros- Panelist, “A Celebration of the Harvard Law School,” Charles Presentations: “Harmonious pects. Cambridge: Cambridge Publication of the Ponzi Scheme Hamilton Houston Institute, Discourse and the Good of Fam- University Press, 2013. Puzzle: A History and Analysis Harvard Law School in Jan. ily Law,” International Society of Con Artists and Victims by “American Legal Education: of Family Law North American Presentations: With Paulo Bar- Tamar Frankel,” Boston Uni- Where Did We Come From? Regional Conference, Brooklyn rozo, “Encounters with the versity School of Law in Jan. Where Are We Going?” keynote Law School, New York, NY, in Other and with Ourselves: Participant, online symposium address, National Conference of June. Faith, Law, and Commerce in on James Fleming and Linda Bar Examiners, Boston in April. the Portuguese Opening of the Activities: Attendee, Friday Lunch Series, American Acad- emy of Arts and Sciences, Cam- Far and Near bridge, MA, in Dec. and Feb.; Advisory Committee on Civil “As I embark on this project as a Fulbright Specialist.... Rules meeting, Washington, I am enthused about the synergy of teaching similar DC, in Nov.; Moore’s Federal Practice Editorial Board meet- material to three very different groups of students— ings, New York, NY, in Nov. our first-year JD students, our international LLM and March. Reporter, Standing Committee on Rules of Practice students, and law students in Bosnia—and how I can and Procedure of the US Judicial use that synergy to benefit all three groups.” Conference, Washington DC, in Jan. Host, Boston Charter Day —Professor Joan Blum, in the BC Chronicle, about her plans to teach legal problem-solving through experiential Committee meeting in March. learning to students at Sarajevo University Law School, and how that aligns with her teaching at BC Law Attendee as Clerkship Commit- tee chair, Orientation Session on Law Clerkships, Boston College in March. New Appointments: Member, East,” Boston College McMullen McClain’s book, Ordered Lib- International Chair on Natural Museum of Art in May. erty: Rights, Responsibilities, and New Appointments: Member, Law and Human Personhood, Virtues, in Feb/March. Panelist, Collections Committee, Massa- Pontificia Universidad Católica Activities: Taught a course “The Second Amendment: What chusetts Historical Society Argentina. entitled NAFTA: Regional Trade Is It? What Is It Not?” Emerson and Commerce in a Globalized Other: As director of the College, Boston in April. Brian D. Galle Economy at the Université de Harvard Law School History Associate Professor Paris Ouest-Nanterre-La Défense Other: Featured guest, WBUR’s Project, interviewed Harvard in March. Radio Boston show entitled “Gay Law School’s Duncan Kennedy, Recent Publications: With Kirk J. Marriage at the High Court” in Carter Professor of General Stark. “Beyond Bailouts: Federal Kent Greenfield March. Co-authored an amicus Jurisprudence, and Morton J. Options for Preventing State Professor brief filed in the Delaware Court Horwitz, Charles Warren Profes- Budget Crises.” Indiana Law of Chancery on the obligations of sor of American Legal History. Journal 87, no. 2 (2012): 599– Recent Publications: The Myth of Choice: Personal Responsibil- corporations to obey the law in 644. With Kelli A. Alces. “The international contexts. False Promise of Risk-Reducing ity in a World of Limits. New

www.bc.edu/lawalumni 39 [ F acult y ]

Dean M. Hashimoto in Sept. “Putting Guidelines into Guarantees” by Joseph Warbur- Interviewed by Mimi Rosenberg Associate Professor Practice: The Case of Partners ton et al., Junior Faculty Business on WBAI radio in New York Recent Publications: With Seung- HealthCare,” Harvard School of and Financial Law Workshop, City in Jan. Public Health in Sept. “Chronic George Washington University Sup Kim et al. “Association Sanford N. Katz between Work–Family Conflict Pain Treatment: Massachusetts Center for Law, Economics, and as a Case Study,” MCLE 13th Finance, Washington, DC, in Darald and Juliet Libby and Musculoskeletal Pain among Professor of Law Hospital Patient Care Workers.” Annual Workers’ Compensation April. Law Conference, Boston in Nov. Presentations: “Legal Aspects of American Journal of Industrial Other: Awarded a Neurosci- “As Health Care Evolves, What Parenthood,” publication cele- Medicine 56, no. 4. (2013): ence Training Stipend from the Is Our Role?” William B. Patter- bration of What Is Parenthood?: 488–495. With Lenore Azaroff et Research Network on Law and son Memorial Lecture, New Eng- Contemporary Debates about al. “Barriers to Use of Workers’ Neuroscience to attend Neuro- land Conference of Occupational the Family by Linda C. McClain, Compensation for Patient Care science Boot Camp, a program and Environmental Medicine Boston University School of Law at Massachusetts Community of the University of Pennsyl- and Massachusetts Association in March. Health Centers.” Health Services vania Center for Neuroscience Research (Feb. 2013). With of Occupational Health Nurses, Newton, MA, in Nov. and Society, to which she was Thomas C. Kohler Dongchung Wang and Kathryn accepted for summer 2013. Professor Mueller. Longer-Term Use of New Appointments: Appointed Opioids. Workers Compensation by Mayor Setti Warren to the Gregory A. Kalscheur, SJ Recent Publications: “Hugues- Research Institute, Sept. 2012. City of Newton (MA) Health- Associate Professor Felicité-Robert de Lamennais (1782–1854).” In Encyclopedia With Sijn Endresen Reme et al. care Advisory Council. Member, Recent Publications: “A Response of Catholic Social Thought, to Kenneth Garcia: Healthy Secu- Social Science, and Social Policy, larity and the Task of a Catholic Michael L. Coulter et al., eds. University.” Theological Studies Lanham, MD: Scarecrow Press, Dead to ‘Rites’ 73 (December 2012): 924–34. 2012. “Neutralitaet des Arbe- Presentations: “Engaging the itgebers im US-amerikanischen “There is no precedent Catholic Intellectual Tradition: Arbeitsrecht?” Arbeit und Recht for this type of thing. It is How the Search for Truth in All 60, no. 4 (2012): 146–150. Disciplines Can Be Enriched by Presentations: The Sinzheimer a legal no-man’s land.” Engagement with the Tradition,” Lecture: “Gewerkschaftsrechte St. Anselm College, Manchester, —Professor Ray Madoff, in the New York Times, in den USA,” Hugo-Sinzheimer NH, in March. on the difficulty on finding a place to bury Boston Institut and the University of Marathon bomber Tamerlan Tsarnaev Daniel Kanstroom Frankfurt Law Faculty. Frank- Professor and Director of the furt, Germany, in Nov., and as International Human Rights invited lecturer, University of Program Göttingen Faculty of Law, Göt- tingen, Germany, and University “Musculoskeletal Pain and Psy- Advisory Board, Boston College Recent Publications: “Alien Liti- of Jena Faculty of Law, Jena, chological Distress in Hospital Institute for the Liberal Arts. gations as Policy-Participation: Thuringia, Germany, in March. Patient Care Workers.” Journal Member, Boston College Com- The Positive Power of a ‘Voteless Standing Faculty Lecture, Har- of Occupational Rehabilitation mittee for the Development of an Class of Litigant.’” William and vard University Trade Union 22, no. 4. (Dec. 2012): 503–510. Undergraduate Minor in Medical Mary Bill of Rights Journal 21, Program, Harvard University in With Karen Hopcia et al. “Occu- Humanities. no. 2 (2012): 399–461. “Depor- Jan. “What Does It Mean to Be pational Injuries for Consecutive tations and Repatriations.” In Conservative? A Perspective from and Cumulative Shifts among Other: Awarded a research grant The Oxford Encyclopedia of Catholic Social Thought,” Uni- Hospital Registered Nurses from the National Institutes of American Social History, Lynn versity of Chicago Law School, and Patient Care Associates: A Occupational Safety and Health Dumenil, ed. Oxford: Oxford Chicago, IL, in Feb. Case-Control Study.” Workplace and the Harvard School of Public University Press, 2012. Health Safety 60, no. 10 (Oct. Health Center for Work, Health, Activities: Participant, “Faculty 2012): 437–444. With Orfeu and Well-Being to develop a Presentations: “Aftermath: Seminar on the Papal Encyclical, M. Buxton et al. “Relationship research database of healthcare Deportation Law and the New Pacem in Terris,” Lumen Christi of Sleep Deficiency to Perceived workers that links health insur- American Diaspora,” UCLA Institute, University of Chicago, Pain and Functional Limitations ance data to existing human International Institute, University Chicago, IL, in Feb. Invited in Hospital Patient Care Work- resources data. of California, Los Angeles, CA, participant, “Pacem in Terris: ers.” Journal of Occupational in Nov. After Fifty Years,” University of Renée M. Jones and Environmental Medicine 54, Associate Professor Activities: Co-organized the Chicago, Chicago, IL, in April. no. 7 (July 2012): 851–858. first international conference on Other: Interviewed by Das Presentations: “Utilizing the draft convention of the rights Presentations: “Clinical Manage- Director Bar to Enforce Cor- Handelsblatt, a leading German ment of Chronic Pain and Nar- of deportees, Boston College in language business newspaper, porate Accountability,” 2013 Nov. cotics,” Absence Management Corporate Law Symposium, Uni- regarding the DC Circuit’s Noel Summit, Raytheon Corporation, versity of Cincinnati College of Other: The Atlantic Monthly Canning decision and the impact Waltham, MA, in Sept. “Mas- Law, Cincinnati, OH, in March. named his book, Aftermath: on participatory management sachusetts Chronic Pain Guide- Deportation Law and the New plans being considered by some line,” Massachusetts Department Activities: Commentator, “The American Diaspora, one of eight transplant industries in the US. of Industrial Accidents, Boston End of Market Discipline? Inves- “Best 2012 Books about Justice.” (continued on page 42) tor Expectations of Implicit State

40 BC Law magazine | spring / summer 2013 PROFILE

professor liu helps students keep up with fast-changing advances in the fields of copyright and intellectual property.

He’s Got Mickey Mouse’s Back

Liu was prescient about the digital age’s impact on intellectual property

n a Monday morning in late public domain in a world in which technol- April, Associate Dean for Faculty vital statistics ogy has enabled an unparalleled “democ- and Professor Joe Liu is getting ratization of creativity,” says Liu. O n Learning: Yale, Columbia, Harvard over jetlag, after teaching a week-long In the pre-digital world, appropriating intensive course on US Copyright Law at n Teaching: Intellectual Property, and manipulating the works of others took Tsinghua University School of Law in Bei- Copyright, Trademark, Property, know-how and specialized tools. Now that jing. Liu lectured in English, though as the Internet Law, Software Law capacity is widespread, along with the abil- son of parents who immigrated to the US n Publishing: Copyright Law: Essential ity to distribute the results instantaneously. from Taiwan in the late 1960s, he spoke Cases and Materials (West 2008) (with “It’s not clear that the copyright laws were Mandarin as a child and still remembers Alfred C. Yen) ever crafted to accommodate this sort of enough to get by in a pinch. creativity,” he says. n Playing: Annual trip to Las Vegas to Liu researches the impact of digital Twenty years ago, says Liu, most stu- play poker with friends technology on copyright law and mar- dents had little direct experience with kets, with a focus on how the internet n Collecting: Bobble-head dolls of questions of copyright and intellectual is transforming the way people interact Supreme Court justices property. Now, the material he teaches in with copyrighted works. The law tends to n Traveling: China, Cambodia, Malaysia, courses like Intellectual Property Survey lag behind technological advances in the Japan, Taiwan, Peru has immediate relevance, as students try to music, movie, and publishing industries, “make sense of the kind of digital world he says, and this presents “a real challenge they live in.” Liu sees the time he spends in about how to regulate or set rules in areas nois Law Review in fall 2013, Liu predicts the classroom with technologically savvy that are changing so quickly.” that “soon it will be open season on Mick- students as vital to keeping himself current: In his latest survey of the promises and ey Mouse.” If Congress does not further “They’re always bringing up new hypo- problems of copyright in the digital age, extend the period of copyright protection theticals, new situations they’ve encoun- “The New Public Domain,” published in on existing copyrighted works, starting in tered,” he says. BC Law School Faculty Papers (2011) and 2019 Mickey and fellow icons Superman Born and raised in Seattle “before it was

suzi c amara t a forthcoming in a revised version in the Illi- and Winnie the Pooh will begin to enter the (continued on next page)

www.bc.edu/lawalumni 41 [ F acult y ]

Professor Liu Faculty Vitae Net Neutrality,” Senate Steering on Watson v. Holder: The Dog (continued from previous page) (continued from page 40) Committee and Commerce Com- Didn’t Bark.” Bender’s Immigra- mittee Staff Members, Washing- tion Bulletin 17, no. 24 (2012). hip and exciting,” Liu came Chester Kozikowski ton, DC, in Jan. “The Internet east for school and found “the Educational Technology Specialist as the World’s Biggest Copy Alice A. Noble Adjunct Faculty pace, the energy, the focus on Recent Publications: With Laurel Machine, and How Plaintiff’s Bar career” to be a serious culture E. Davis. “Rare Books and Tech- Seeks to Monetize It,” American Recent Publications: With Mary shock. He entered Columbia nology: Collaborating within the Bar Association Law Student Ann Chirba. “The Myth of Cer- Division 1st Circuit Spring Meet- Law School in 1991, anticipat- Library.” AALL Spectrum 17, tainty: Post-Election, There’s Still ing, Harvard University School of No ‘Insurance’ Obamacare Will ing three years of drudgery no. 1 (Sept/Oct. 2012): 14–16. Law in Feb. Work.” BC Law Magazine 21, just learning the rules. Instead, With Marina Krakovsky. “Just the Facts.” Communications no. 1 (2012): 10-11, 48. he found a challenging cur- Activities: Panelist, “Complet- of the ACM 56, no. 1 (2013): ing the Transition to a Digital riculum. “It made me think Sharon Hamby O’Connor 25–27. World,” Free State Foundation about how a society organizes Associate Professor Emerita Other: With Davis, recipient of Fifth Annual Telecom Policy itself—larger questions I never Conference, Washington, DC, in Other: With Mary Sarah Bilder, the 2013 American Association recipient of the Law Library expected to be thinking about of Law Libraries (AALL) Spec- March. in law school.” Journal Article of the Year trum Article of the Year Award. Other: Signed an amicus brief Award for “Appeals to the Privy As an associate at the Bos- filed in the US Supreme Court Council before American Inde- Joseph P. Liu ton-based law firm Foley, Hoag arguing that an agency should Professor and Associate Dean pendence: An Annotated Digital & Eliot, LLP, in the mid-1990s, not get Chevron deference when of Faculty Catalogue.” Liu handled cases involving determining the scope of its patent and trademark infringe- Other: Invited to teach an inten- jurisdiction. David S. Olson Associate Professor ment that sparked his inter- sive course on US copyright law to law students, and to give a Ray D. Madoff est in the field of intellectual Professor Promotions: Promoted to associ- guest lecture to the faculty, Tsin- ate professor with tenure at property. He was able to delve ghua University, Beijing, China, Recent Publications: With Corne- BC Law. deeper as a Teaching Fellow at in April. lia Tenney et al. Practical Guide Harvard, where his 1999 LLM to Estate Planning (2013 ed.). Mary-Rose Papandrea Daniel A. Lyons Chicago: CCH, Inc., 2012. Professor thesis, “Owning Digital Cop- Assistant Professor ies,” was among early efforts to Presentations: “Mourning in Recent Publications: “Moving translate concepts about own- Recent Publications: “The Chal- beyond Cameras in the Court- lenge of VoIP to Federal and America: What’s Law Got to ership into the digital realm, at Do with It?” Law and Mourn- room: The Supreme Court, State Regulatory Regimes.” Free Technology, and the Media.” a moment when the expansion State Foundation Perspectives 8, ing Lecture Series, Department of Law, Jurisprudence, and BYU Law Review 2012, no. 6, of the internet ensured that no. 9 (2013). “Net Neutrality 1901–1952. such concerns would ramify in and Nondiscrimination Norms in Social Thought, Amherst Col- Telecommunications.” Arizona lege, Amherst, MA, in March. Presentations: “National Security the coming decades. “A Tale of Two Countries: A Liu’s prominence as a Law Review 54 (2013): 1029– Leakers and the First Amend- Comparison of Two Seemingly ment,” invited speaker, Freedom thought leader in a high profile, 1071. “A Universal Service Pro- gram for the Broadband Age.” In Opposite Systems of Inheri- of Expression Scholars Confer- rapidly developing area of legal Law and Communications Policy tance,” international conference ence 2013, Yale University, New scholarship was one reason in the Digital Age, Randolph entitled “Wealth, Families, and Haven, CT, in May. why Dean Vincent Rougeau May, ed. Durham, NC: Carolina Death: Socio-Legal Perspectives Activities: Invited participant, appointed him Associate Dean Academic Press, 2012. on Wills and Inheritance,” Onati International Institute, Gipuzkoa, Colloquium for First Amendment for Faculty in September 2012. Presentations: “The Evolving Spain, in April. Scholars, Washington University, He wanted a scholar who could Internet: Patterns in Usage and St. Louis, MO, in March. energize his colleagues and an Pricing, NCTA Connects Brief- Activities: Invited workshop par- Promotions: Promoted to full ing Series,” National Cable and ticipant, “Philanthropy, Policy, academic leader to handle all professor at BC Law. Telecommunications Associa- and Technology: Recoding Good faculty-related affairs. for the 21st Century,” Stanford tion, Washington, DC, in Dec. Zygmunt J. B. Plater “Joe struck me immediately Center on Philanthropy and Civil “Podcast, Usage-Based Pricing in Professor as an ideal person for the role.” Broadband,” Surprisingly Free Society, Stanford, CA, in March. says Rougeau. “Professor Liu Podcast Series, Mercatus Center Recent Publications: The Snail Judith A. McMorrow Darter and the Dam: How Pork- is also a great colleague, friend- at George Mason University, Professor ly, approachable, with a bril- Arlington, VA, in Dec. “Reform- Barrel Politics Endangered a Little Fish and Killed a River. liant ability to bring a careful, ing the Universal Service Fund Recent Publications: With Paul for the Digital Age,” Free State R. Tremblay. “Lawyers and the New Haven: Yale University thoughtful way of thinking to New Institutionalism.” University Press, 2013. any situation.” Foundation Book Luncheon, Washington, DC, in Jan. “The of St. Thomas Law Journal 8, no. Mickey and Superman Presentations: “The Endangered Impact of Data Caps and Other 1 (2013): 568–592. Species Act at 40,” keynote should be happy that he’ll be Forms of Usage-Based Pricing speaker, 19th Annual Public watching their future careers Laura Murray-Tjan for Broadband Access,” Hudson Visiting Faculty Interest Environmental Con- with interest. Institute, Washington, DC, in ference, University of Florida —Jane Whitehead Jan. “Usage-Based Pricing and Recent Publications: “Reflections Fredric G. Levin College of Law,

42 BC Law magazine | spring / summer 2013 [ F acult y ]

Gainesville, FL, in Feb. “A Jef- fersonian Challenge: Law and the Press in National Governance,” keynote address, Howard H. Girl Justice Baker Center on Public Policy, “Girls’ experiences of violence—intimate partner University of Tennessee, Knox- ville, TN, in March. “Endangered violence, violence in their homes, and sexual Species and Governmental Deci- exploitation—drive them into the juvenile and sion-Making,” Lake Forest Col- lege, Chicago, IL, in April. “The criminal justice system not as victims, but as Snail Darter Saga: Rebutting the perpetrators or mischaracterized criminals.” Extremism Stigma,” Sixteenth Institute for Natural Resources —Professor Francine Sherman ’80, in the BC Chronicle, about findings she Law Teachers, Flagstaff, AZ, in presented to the Congressional Black Caucus Foundation May. Activities: Participant and panel organizer, “Risks from Oil Dis- persants;” “A Fish in a Pork Ring. “Horizontal Equity Revis- Presentations: “Representing Wriggins. American Journal of Barrel”; “Pro Se Litigation;” ited.” Florida Tax Review 13 Girls in Juvenile Court,” Essex Legal History 52, no. 4 (2012): “Teaching Law to Non-law (2012): 135–155. and Middlesex Bar Advocates, 508–11. Students”; and “Law-and-Media Salem, MA, in April. Complexities in Modern Gov- Diane M. Ring Presentations: “Microaggres- ernance,” 31st Public Interest Professor Activities: Workshop presenter sions in Academic Life,” Berkeley Environmental Law Conference, and moderator, “Reducing Dis- Journal of Gender, Law and Recent Publications: With James University of Oregon School of parities at the Intersection of Justice Symposium: “Presumed R. Repetti. “Horizontal Equity Law, Eugene, OR, in Feb/March. Gender, Race, and Ethnicity” and Incompetent: The Intersections Revisited.” Florida Tax Review “Eliminating the Use of Deten- of Race and Class for Women in Brian JM Quinn 13 (2012): 135–155. With Ber- tion for Commercially Sexually Academia,” University of Cali- Associate Professor nard Wolfman. Teacher’s Man- Exploited Children,” Annie fornia Berkeley School of Law in ual, Federal Income Taxation of E. Casey Foundation Juvenile March. Recent Publications: “Foreword.” Corporate Enterprise. New York: In Regulation of Securities Offer- Detention Alternatives Initiative Foundation Press, 2013. (JDAI) National Intersite Confer- David A. Wirth ings and Investment Banking: Professor and Director of Presentations: “Ethical Issues in ence, Atlanta, GA, in April. Panel Cases and Materials for Study in International Studies US Securities Act of 1933, C. X. International Tax Practice,” 2013 moderator, “Youth in Prison: Yao and David A. Sirignano, eds. International Fiscal Association The Reality of the System,” Recent Publications: “A World Beijing: China Financial Publish- USA Branch Annual Conference, Boston College in April. of Choices.” New Zealand Journal of Public and Interna- ing House, 2012. “Putting Your New York, NY, in March. New Appointments: Appointed Money Where Your Mouth Is: tional Law 10, no. 1 (2012): Activities: Panel chair, “Ethical associate clinical professor at Performance of Earnouts Corpo- 1–14. Review of The Law of Issues in International Tax,” BC Law. rate Acquisitions.” University of Adaptation to Climate Change: 25th Annual Institute on Current Cincinnati Law Review 81, no. 1 Other: Recipient of a 2013 Annie US and International Aspects, Issues in International Taxation, (March, 2013): 127–172. E. Casey Foundation grant to Michael B. Gerrard and Katrina Washington DC, in Dec. provide JDAI national jurisdic- Fischer Kuh, eds. Anthem Envi- Presentations: “Omnicare: Fruit tions with technical assistance on roExperts Review (February 1, Flies and Deal Protections,” Jour- Vincent Rougeau Dean reducing the detention of girls. 2013). Review of Environmental nal of Corporation Law 2013 Law and Sustainability after Rio, Symposium: “Ten Years after Recent Publications: “Four Ways Paul R. Tremblay Jamie Benedickson et al., eds. Omnicare: The Evolving Market to Fix Law School.” US News Clinical Professor and Director Anthem EnviroExperts Review for Deal Protection Devices,” and World Report (February 5, of Experiential Learning (February 1, 2013). University of Iowa College of 2013). Recent Publications: With Judith Law, Iowa City, IA, in Feb. Presentations: “How Safe Is that Presentations: “Beyond Bor- A. McMorrow. “Lawyers and the Shrimp? The Food Safety Mod- Activities: Attended the 2013 Pri- ders: What Should Citizenship New Institutionalism.” Univer- ernization Act,” University of vate Equity M&A Roundtable, Look Like to People of Faith?” sity of St. Thomas Law Journal Georgia School of Law, Athens, New York, NY, in March. Interfaith Lecture Series: Listen- 8, no. 1 (2013): 568–592. With GA, in Feb. ing to Other Voices, Glastonbury David A. Binder and Paul Berg- New Appointments: Director, Abbey, Hingham, MA, in March. man. Teachers Manual, Lawyers Alfred C. Yen Trust for University Innovation as Counselors: A Client-Centered Professor in Vietnam, Inc. Francine T. Sherman Approach, 3rd ed. St. Paul, MN: Associate Clinical Professor and Recent Publications: Review of Promotions: Promoted to associ- West Academic Publishing, 2012. Director of the Juvenile Rights How to Fix Copyright, by Wil- ate professor with tenure at Advocacy Project Catharine P. Wells liam Patry. The IP Law Book BC Law. Professor Review 3, no. 2 (April 2013): Recent Publications: Making 26–35. James R. Repetti Detention Reform Work for Recent Publications: Review of William J. Kenealy, SJ, Professor Girls: Practice Guide #5. Balti- The Measure of Injury: Race, Activities: Visiting scholar, Uni- of Law more, MD: Annie E. Casey Foun- Gender, and Tort Law by Mar- versity of Arizona Law School, Recent Publications: With Diane dation, 2013. tha Chamallas and Jennifer Tucson, AZ, in Feb.

www.bc.edu/lawalumni 43 [ E s q uire ] alumni news & class notes Ever the Achiever

Zucker lauded for her tireless advocacy

llen Zucker’s legal career began when she was a law student so Ebusy she only slept three hours a night and it continues at similarly breakneck speed to this day. Now a partner at Burns and Levinson, she grabbed headlines last February for winning one of the largest settlements for a gender discrimination case in Massachusetts history. In recognition of the settlement and her career as a tireless advocate for social justice, Zucker ’94 was named Woman of the Year by BC’s Women’s Law Center this past spring. In the recent case, Zucker represented Dr. Carol Warfield, the former chief of anesthesia at Beth Israel Deaconess Medical Center, in her suit against the hospital. Dr. Warfield alleged that she was discriminated against by the hospital’s former chief of surgery who not only ignored her in meetings and actively lobbied for her removal from her job, but also was successful in forcing her out of the hospital in retaliation for her com- plaints. In addition to a $7 million settlement, the hospital agreed to name its pain clinic after Dr. Warfield. The victory was another milestone in a career of advocacy for those who are harassed, discriminated, or retali- ated against. In 2010, Zucker secured a $4.5 million judgment—the most ever at the time—in an employment discrimination case. Employment law is only one facet of her practice, however; she also focuses on criminal defense. Her clients have included executives, professionals, private businesses, and public charities. She is an active member in local bar associations, including the Women’s Bar zucker recently won $7 million Association, and has held leadership in one of the largest settlements roles in national and local advocacy for a gender discrimination case in groups, among them the national board Massachusetts history. for the National Organization of Women (NOW) and the National Association of Criminal Defense Attorneys. Prior to her time at Burns and Levin-

C h ris t op er S ol dt , M T B son, Zucker clerked for Judge Nancy

44 BC Law magazine | spring / summer 2013 BOOKSHELF

Gertner of the US District Court for the District of Massachusetts and worked at Dwyer and Collora LLP. She is sought after as a commentator by the local and national press, including the New York Times, ABC, NBC, and the Boston Globe. She has been recognized with a variety of awards. In 2012 she received the Dr. Martin Luther King Jr. Drum Major Award by the Cambridge NAACP and her name is frequently found on super lawyer, top lawyer, and power lawyer lists. Getting To Ellen (Stepladder Press, must unravel the motives behind the fram- The reason for those minimal sleep- Minneapolis, 2013) by Ellen Krug ’82 is an ing of his client, a former LA mayor and ing hours while in Law School was that honest memoir about one person’s journey Senate candidate, for burglary. With the as a student Zucker also worked full of transgender self-realization. Krug began clock ticking down towards election day, time as the president of Greater Boston her life and attended BC Law as a man, MacTaggart must deal with ruthless politi- NOW. She’d wake at three o’clock in the Edward, and after graduation launched cal opponents, crooked art dealers, and a morning to go into work. Her dedica- into a successful career as a trial attorney, district attorney with a score to settle. As tion made a strong impression on for- complete with a wife and two daugh- he traverses this minefield, MacTaggart mer Boston College Law School Profes- ters. Throughout her life, however, Krug realizes there are more than political and sor Phyllis Goldfarb, who recalled that struggled with the reality that “he” was a personal motives at work: He is unraveling Zucker devoted “her brilliance to others’ woman born into a man’s body; achieving a more sinister web than he first thought. needs, and cares deeply about using her inner peace would only come from aban- many talents to advance fairness and doning the façade of masculinity and living American Jews and America’s Game equality in a world that struggles with as her true female self. In this process, Krug (University of Nebraska Press, Lincoln, these aspirations.” became one of the few lawyers in country 2013) by Larry Ruttman ’52 is a history of Zucker similarly played a leadership to try separate—and in some cases, the the larger-than-life role Jewish ballplayers role among her fellow students. Always same—lawsuits in different genders. Many have played throughout the life of baseball. willing to listen to and counsel colleagues of Krug’s clients were not understanding, Ruttman has compiled this work from struggling with life difficulties, unequal however, and her law practice dwindled. interviews with players, coaches, owners, treatment, or difficult career choices, Krug now heads a non-profit practice and officials, ranging from legends of the she also rallied friends behind causes. working to increase the availability of legal sport like Hall of Famer Sandy Koufax to After a hate crime on campus where an services to those unable to afford it. current stars like Ian Kinsler and former anonymous note threatening violence Red Sox Kevin Youkilis. Ruttman explores was directed at a gay and lesbian student Green-Eyed Lady (Minotaur Books, New issues of growing up and dealing with Jew- organization, Zucker reached out to stu- York, 2013) by Chuck Greaves ’81 is the sec- ish identity, assimilation, intermarriage, dents and administrators to help begin ond legal thriller in Greaves’ Jack MacTag- religious observance, and anti-Semitism, the healing process. gart series, following 2010’s well-reviewed and how they are all interwoven with the In a letter nominating Zucker for Hush Money. In this tautly plotted mystery, rich backdrop of the National Pastime. the Women’s Law Center award, Toni MacTaggart, a criminal defense attorney, —Ian Kittle ’14 Troop, who worked with her in Great- er Boston NOW and sees the same alumni association notice qualities in Zucker today, said that she continues to use “her legal skills and expertise along with her political savvy, Annual Alumni Assembly and Board Meeting fundraising gumption, and advocacy Saturday, November 2 • Boston College Law School • 11:00 am pedigree to further social justice and equality” for disenfranchised, marginal- lections will be held for the 2014 Law School through the involvement of ized communities. Alumni Board members, among alumni. Alumni volunteers are an inte- Zucker received the Woman of the E other agenda items. gral part of the life of the Law School. Year Award at a reception at the Law For more information on the assem- If you have volunteered in any capacity School on April 8. At the event, she bly, election, or open positions on the for BC Law since June 2012, you are a encouraged students to “find joy in all Alumni Board, please contact the Office member of the Alumni Assembly and corners of your lives” and to remain true of Advancement at bclaw.alumni@ have the right to vote for members of to their principles, noting that doing so is bc.edu or visit the Alumni Association the Alumni Board. “not always easy and [is] often messy,” website at www.bc.edu/lawalumni. You will receive further information but achieving a career that allows you to The goal of the Alumni Association is about the meeting and the election via be who you are is a reward in itself. to further the ideals and traditions of BC email in the months prior to the election. —Anthony Signoracci ’14

www.bc.edu/lawalumni 45 law day 2013

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46 BC Law magazine | spring / summer 2013 5 4 law day 2013 [ E s q u i r e ]

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onnecticut Governor Dannel ness consultant and author. • The photo captions: 1) Susan Repetti ’80, Professor James Malloy ’80 received BC Law’s Daniel Holland Lifetime Achievement Repetti ’80, Connecticut Governor Dannel Malloy ’80, top honor at the 2013 Law Day Award on William A. McCormack ’67, and Professor Sanford Katz. 2) Lurleen Gannon ’02, Justin C O’Brien ’03, Ronald Makawa ’15, and Rosalind Valcimond celebration May 9. Five other alumni former of counsel at Sally & Fitch LLP, ’05. 3) Bernard Green ’81, Susan Maze-Rothstein ’85, and were also recognized for their ser- and former president of the Alumni the Hon. Barbara Dortch-Okara ’74. 4) Professor James vice and accomplishments during a Association. • The Hon. David S. Nel- Rogers and the Hon. Denis Cohen ’76. 5) Standing: Mark ceremony that drew several hundred son Public Interest Law Award on Warner ’89, Evelynne Swagerty ’84, James Champy ’68, people to the InterContinental Hotel Barbara Kaban ’98, director of juve- William McCormack ’67, Professor Hugh Ault, Stephen in Boston. Event co-chairs Evelynne L. nile appeals for the Youth Advocacy Imbriglia ’80, Barbara Kaban ’98, and Christopher Dillon Swagerty ’84 and Mark J. Warner ’89 Division of the Committee for Public ’88; seated: Dean Vincent Rougeau and Governor Dannel bestowed the following awards: Counsel Services. • The Chapter Lead- Malloy ’80. 6) Frederick Enman, SJ, ’78, George Field ’78, Daniel Shea ’63, and Marjorie Shea. 7) Stacey Kosinski • The St. Thomas More Award ership Award on Stephen J. Imbriglia ’09 and Michael Tarantino ’12. 8) James Champy ’68 and on Dannel Malloy. • The William J. ’80 of Gibbons PC in Philadelphia. • Lois Champy. 9) Sharon Bazarian and Margie Palladino Kenealy, SJ, Alumnus of the Year The Special Service Award on Profes- ’85. 10) William McCormack ’67, Dean Vincent Rougeau,

p h o t os b y rose lin c oln Award on James A. Champy ’68, busi- sor Emeritus Hugh Ault. Professor George Brown.

www.bc.edu/lawalumni 47 scholarship dinner

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Scholarship Dinner and Dean’s Air Force pilot, and eventually put his law photo captions: 1) Roger Bougie ’62 Advisory Board degree to work in the legal department and Dean Vincent Rougeau. 2) Abhijit he Eighth Annual Scholarship Din- of United Technologies Corporation. Kurup ’14. 3) Dean’s Advisory Board, back row: Edward Leahy ’71, David Weinstein ner was held March 28 at the Ritz- “I have chosen to honor the assistance ’75, Joan Lukey ’74, Jeffrey Sabin ’77, T Carlton Boston, where donors and I have received by perpetuating it for Michael Puzo ’77, David Donohue ’71, recipients had the opportunity to meet the next generation,” he said. “Perhaps Robert J. Cooney, Parent ’14, John Hanify and mingle. twenty years from now the recipient of ’74. Front row: Michael Fee ’84, Dean Vin- Roger Bougie ’62, who gave the this scholarship will be standing before a cent Rougeau, James Champy ’68, and the evening’s keynote address, told of his group similar to this explaining why he/ Hon. Ellen Huvelle ’75. (Members not pic- humble French Canadian beginnings she decided to establish a scholarship.” tured: Christopher Dillon ’88, Paul Dacier, and a Depression-era boyhood spent in Also on March 28, BC Law launched Paul Kane ’70, Jeanne Picerne ’92, Joe Vanek ’87, Michael Wilson ’84). 4) Eliza- a logging camp with kerosene lamps for the Dean’s Advisory Board, a small group beth Fee, Molly Schranz ’14, and Michael light and a hand pump for water. But he of alumni who will meet periodically to Fee ’84. received a good education, became an provide counsel to the dean.

48 BC Law magazine | spring / summer 2013 scholarship dinner [ E s q uire ] Class Notes

Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news. John T. Montgomery ’75 retired article by Kelly Greene and Arden office, most recently as general Send submissions to BC Law as managing partner in the Dale entitled “Can You Trust counsel and chief of the Elder and Magazine, 885 Centre St., New- Boston office of Ropes & Gray Your Kid with $5.25 Million?” Disabled Unit. She is currently the ton, MA 02459-1163, or email to LLP in December and continues A partner at Boston-based only female district attorney in the [email protected]. to be active in the firm’s pro Hemenway & Barnes LLP and state. bono practice and other public chair of the firm’s private client interest matters. group, he focuses his practice on REUNION REUNION s [ ’83 & ’88 ] 1960s [ ’63 & ’68 ] trust and estate matters. 1980 Kathryn Cochrane Murphy ’75, a partner at Krokidas & Stephen J. Imbriglia ’80 received William A. McCormack ’67 Jack Cinquegrana ’78, an Bluestein LLP in Boston, is one the Chapter Award at BC Law’s received the Daniel G. Holland attorney at Choate, Hall & of nine recipients of the New 2013 Law Day. He is a partner Lifetime Achievement Award Stewart LLP in Boston and England Women in Real Estate in the Philadelphia, PA, office at BC Law’s 2013 Law Day. co-chair of the firm’s litigation 2013 Networking Award for of Gibbons PC. His practice Retired as of counsel to Boston- department and government her role in the New Markets focuses on the defense of mass based Sally & Fitch LLP, he enforcement and compliance Tax Credit financing of the tort claims and product liability was previously a partner for practice group, was appointed Dudley Municipal Center being claims involving pharmaceutical forty years at the Boston office chair of the Committee for developed by the City of Boston products and medical devices. of Bingham McCutchen LLP Public Counsel Services by the in Roxbury, MA. and concentrated his practice Massachusetts Supreme Judicial Dannel Patrick Malloy ’80, the on business, tort, and product Court, and is a member of the Michael J. Berey ’76 is chief governor of Connecticut, received liability litigation. Board of Directors of Lawyers underwriting counsel and senior Concerned for Lawyers. the St. Thomas More Award at vice president of First American BC Law’s 2013 Law Day. James A. Champy ’68, an Title Insurance Company of New Rev. Frederick M. Enman, SJ, independent business consultant York. A fellow of the American ’78 is the recipient of the Della Charles J. Greaves ’81 is the and author, received the William College of Real Estate Lawyers Strada Award presented by the author of Green-Eyed Lady, J. Keneally, SJ, Alumnus of the and the American College Ignatian Volunteer Corps New his third novel and second legal Year Award at BC Law’s 2013 of Mortgage Attorneys, and England for his work with mystery, published by Minotaur Law Day. president-elect of New York State Matthew 25, the Worcester, MA, Books in June. REUNION Land Title Insurance Company, nonprofit corporation he founded 1970s [ ’73 & ’78 ] he resides in Scarsdale, NY, and to provide food and housing for Jonathan M. Albano ’82 was West Palm Beach, FL. those in need. He is the chaplain appointed to the Advisory Board Michael J. Hutter ’70 was elected at BC Law School. of the Center for Community president of the Albany County John F. Kerry ’76, US senator for and Ethnic Media at the CUNY (NY) Bar Association. He is a Massachusetts since 1985, was Patrick T. Jones ’78, founding Graduate School of Journalism professor at Albany Law School sworn in as the 68th US secretary partner of Cooley Manion Jones in New York, NY. The managing and serves as special counsel in of state in February, following his LLP in Boston, is the recipient partner in the Boston office the Albany office of Powers & appointment by President Barack of the 2013 Cardinal Robert J. of Bingham McCutchen LLP, Santola LLP. Obama and the consent of the Bellarmine, SJ, Award presented he focuses his practice on Senate. by Saint Ignatius High School in commercial, constitutional, and Steven J. J. Weisman ’73 is the Cleveland, OH, for excellence in appellate litigation. author of A Guide to Elder Thomas H. Mug ’76 is a partner the legal field, promotion of fair Planning: Everything You Need and member of the employee and ethical principles in law, and Walter E. Stern ’82 was elected to Know to Protect Your Loved benefits and trusts and estates exemplary service to his alma president of Modrall Sperling Ones and Yourself published practice groups in the St. Louis, mater. in Albuquerque, NM, where he by FT Press in January. He is MO, office of Greensfelder, has been an attorney for thirty the founder of the Law Office Hemker & Gale PC. Michael J. Pelgro ’79, former years practicing natural resources, of Steven J. J. Weisman in first assistant district attorney, energy, and environmental law. Cambridge, MA, senior lecturer Hon. William D. Palmer ’76, a was named acting Middlesex He serves as co-chair of the at Bentley University in Waltham, judge on the Fifth District Court County (MA) district attorney by Indian law practice group, chair MA, and a member of the of Appeal in Daytona Beach, Governor Deval Patrick in April. of the public lands practice National Academy of Elder Law FL, was elected treasurer of the group, and is a member of the Attorneys. He was the 2013 Council of Chief Judges of State Marian T. Ryan ’79 was appointed firm’s Executive Committee. recipient of Bentley’s Gregory H. Courts of Appeal. Middlesex County District Attor- Adamian Award for Excellence ney in April by Massachusetts Admiral Bob Duncan ’83 was in Teaching. Michael J. Puzo ’77 was featured Governor Deval Patrick. Ryan has reappointed to a second term in a January Wall Street Journal spent thirty-four years in the DA’s on the Board of Directors of the

www.bc.edu/lawalumni 49 CH ARLES GAU TH IER

BC Law Generations r Walter B. Prince ’74 with his daughter, Marisa L. Prince ’11

50 BC Law magazine | spring / summer 2013 [ E s q uire ]

Navy Safe Harbor Foundation, a Procter, he was named a leading Rosa Kim ’94 was promoted to partner in the Boston office charitable organization providing trademark attorney, and one of full professor of legal writing at of Burns & Levinson LLP, special assistance to seriously the top ten in Boston, by World Suffolk University Law School she practices in the areas of wounded, ill, and injured Navy Trademark Review for the past in Boston. Her article entitled business litigation, government sailors, Coast Guardsmen, and three consecutive years. “The ‘Americanization’ of Legal investigations and white collar their families. Education in South Korea: crime, and labor, employment Robert P. Charbonneau ’92 Challenges and Opportunities” and employee benefits. She Scott P. Brown ’85, former US moderated a bankruptcy panel was published in the 2012 issue recently won a $7 million senator, is counsel in the Boston of local attorneys, trustees, and of the Brooklyn Journal of settlement in a sex discrimination office of Nixon Peabody LLP and judges on various issues for the International Law. case against Beth Israel Hospital focuses his practice on business Dade County Bar Association in Boston. and governmental affairs as they Bench and Bar Conference in H. Lockwood Miller III ’94 relate to the financial services February. A founding member of is a partner in the Princeton, Joshua S. Goodman ’95, general industry, and on commercial real Ehrenstein Charbonneau Calderin NJ, office of Goldberg Segalla counsel of Digitas in Boston, was estate matters. in Miami, FL, he practices in the and focuses his practice on the a featured speaker and member area of business restructuring. defense of product liability and of a panel entitled “Buying the Deahn Berrini ’87 has authored toxic tort claims in single-plaintiff Bridge: Beating Patent Trolls her second novel, How to Gina M. Signorello ’92 was cases and large, consolidated at Their Own Game” at the Earn Your Keep, published named vice president and mass actions. He is a member of 2013 Association of National by Four Square Press in July associate general counsel at the Defense Research Institute Advertisers Advertising Law 2012. A book launch held at Hewlett-Packard Company in Product Liability Committee, the and Public Policy Conference in Gaga Gallery in Swampscott, Palo Alto, CA. She and her New Jersey Defense Association Washington, DC. MA, was attended by Dean husband, Chuck Katz ’93, and Product Liability Committee, and Papapdemetriou ’87 and Ann their two children, Matt and the New Jersey Supreme Court David M. Simas ’95 is assistant Marie Monzione ’87. Nate, live in Palo Alto. District XB Ethics Committee. to President Barack Obama and deputy senior adviser for Warren E. Agin ’89 was Alicia L. Downey ’93 is the Jonathan A. Shapiro ’94 is a communications and strategy at appointed to a three-year term founder of Boston-based Downey partner in the San Francisco, the White House. He previously as chair of the Editorial Board Law LLC and focuses her practice CA, office of Mintz, Levin, served as the director of opinion of Business Law Today, the on counseling and litigation, Cohn, Ferris, Glovsky & Popeo research for the president’s re- online magazine of the American appellate advocacy, and antitrust PC and head of the firm’s West election campaign. Bar Association Business Law compliance training for brand Coast litigation practice. He was Section. He practices bankruptcy name product manufacturers. She previously a securities litigation Thomas R. Burton III ’96 served and technology law at Boston- is a former partner in the Boston partner in the Palo Alto, CA, as co-chair of the Massachusetts based Swiggart & Agin LLC, and office of Bingham McCutchen office of WilmerHale. Water Innovation Mission to has served as a Chapter 7 Panel LLP and current vice chair of Israel. He is a partner and trustee since 2005. the Distribution and Franchise Ellen J. Zucker ’94 is the chair of the energy and clean Committee of the ABA Section of recipient of the Boston College technology practice of Mintz, REUNION Antitrust Law. Women’s Law Center 2013 Levin, Cohn, Ferris, Glovsky ’93 & ’98 1990s [ ] Woman of the Year Award. A & Popeo PC in Boston and a Christine M. Griffin ’93 is Julie A. Baker ’90 was promoted the executive director of the to full professor of legal writing Disability Law Center in Boston, at Suffolk University Law School having previously served in that Must Be Something in the Drinking Water in Boston. position from 1996 to 2005. More recently, she was assistant hen John Kerry ’76 assumed the office of Secretary Hon. Kenneth V. Desmond Jr. secretary for Disability Policy and of State this past February, Massachusetts voters ’90 was sworn in as a judge of the Programs at the Massachusetts W had the option of casting their ballots for one of Massachusetts Superior Court in Executive Office of Health and three Boston College Law School alumni in a special election January, following nomination by Human Services. to fill his vacant senate seat. Congressman Edward Markey Governor Deval Patrick. He was ’72 received the Democratic nomination after defeating Con- formerly an associate justice of Frank F. McGinn ’93 was gressman Stephen Lynch ’91 in the Democratic primary. In the Boston Municipal Court and named the winner of the 2013 the Republican primary, Massachusetts State Representative served as the presiding judge of Client Choice Award USA the Dorchester (MA) Drug Court. and Canada in the litigation Dan Winslow ’83 was later defeated by businessman Gabriel category for Massachusetts by Gomez. Markey, in turn, defeated Gomez in the US Senate Robert M. O’Connell Jr. ’91 is the International Law Office special election. Elsewhere, John R. Connolly ’01, a Boston of counsel in the Boston office and Lexology. He is a partner City Councilor At-Large, has announced his run for Mayor of of Fish & Richardson PC and at Boston-based Bartlett Hackett Boston and Dylan Hayre ’11 is campaigning for State Senate. focuses his practice on copyright, Feinberg PC and practices in the Jared Huffman ’90 was elected as the US Representative for trademark, licensing, and brand areas of business law, insolvency, California’s Second Congressional District in 2013. management matters. Previously and litigation. —Anthony Signoracci ’14 senior counsel at Goodwin

www.bc.edu/lawalumni 51 [ E s q uire ] member in the firm’s corporate Lurleen A. Gannon ’02 Dina M. Bernardelli ’08 is a member of the firm’s real estate and securities section. was named president of the partner at Zupkus & Angell PC group. Women’s Bar Association in Denver, CO, and focuses her David A. Charapp ’97 was of Massachusetts. She is an practice on all areas of insurance Jennifer Castillo ’12, as one of named the winner of the 2013 associate at Boston-based Conn, defense. eight 2012–2013 Congressional Client Choice Award USA and Kavanaugh, Rosenthal, Peisch Hispanic Caucus Institute (CHCI) Canada in the healthcare and life & Ford LLP and concentrates Julie Flygare ’09 is the author of graduate fellows, is completing sciences category for California her practice in the areas of Wide Awake and Dreaming: a a nine-month clerkship with by the International Law Office employment law, construction Memoir of Narcolepsy published Judge Marisa Demeo of the and Lexology. He is a partner law, municipal and public agency by Mill Pond Swan Publishing Superior Court of the District of in the San Diego, CA, office law, and professional liability. in December. Her book won Columbia. She delivered a white of Duane Morris LLP and co- first prize in the biography/ paper, “Tolerance in Schools for chair of the firm’s technology Douglas Sondgeroth ’02 is autobiography competition of Latino Students: Dismantling the transactions and licensing assistant general counsel at the 2013 San Francisco Book School-to-Prison Pipeline,” at practice group. Health Care Service Corporation Festival. the CHCI Young Latino Leaders in Chicago, IL. Summit Series in April. Fernando M. Pinguelo ’97 is a Cedric A. Ireland ’09 is an partner in the Ocean, NJ, office Danielle Porcelli Bianchi ’03 was associate and a member of the Kyle Spencer Crossley ’12 is an of Scarinci Hollenbeck LLC named counsel to the inspector energy team in the Denver, associate in the Boston office and chair of the firm’s cyber general of the US Marine Corps. CO, office of Husch Blackwell of Goulston & Storrs PC and a security and data protection and Her previous position was LLP. He was previously in- member of the firm’s corporate electronic discovery groups. He assistant to the deputy general house counsel for Denver-based group. He previously served was previously a partner in the counsel for the Navy Office of Compass Wind. as corporate counsel to Audax Bridgewater, NJ, office of Norris the General Counsel. She and Group in Boston. McLaughlin & Marcus PA. her husband, Nicholas, live in REUNION ’13 & ’18 Northern Virginia. 2010s [ ] Jonathan J. Fork ’12 is staff Barbara Kaban ’98, director attorney at Alaska Legal Services of juvenile appeals for the Kathleen A. Barclay ’04 is a senior Matthew S. Maslow ’10 is an Corporation in Barrow, AK, the Youth Advocacy Division of the associate attorney at Maguire associate in the Buffalo, NY, northernmost human habitation Massachusetts Committee for Cardona PC in Albany, NY, and office of Hodgson Russ LLP and in the US, where he is primarily Public Counsel Services, received focuses her practice in the areas a member of the firm’s real estate involved in probate work. the Hon. David S. Nelson Public of medical malpractice defense, and finance and Canada/US Interest Law Award at BC Law’s errors and omissions, product cross-border practice groups. 2013 Law Day. liability, general liability defense, CORRECTION: In the Class and insurance coverage. She and Cori Phillips Palmer ’11 is an Notes section of the Fall/Winter Mary-Alice Brady ’99 was her husband and their two sons associate in the Concord, NH, 2012 issue of BC Law Magazine, honored as one of twenty live in Ballston Lake, NY. office of Hinckley Allen & Neil E. Minahan ’69, retired “2013 Women to Watch” by Snyder LLP and focuses her general counsel of Raytheon Mass High Tech and Boston Jeffrey B. Gilbreth ’04 is a practice in construction and Company, was misidentified Business Journal. She is the partner in the Boston office public contracts. as his son, Neil E. Minahan, a founder and chief executive of Nixon Peabody LLP and graduate of BU School of Law officer of MosaicHUB, an online concentrates his practice in the Julia K. Bramley ’12 is an and a partner at McDermott, community created to help areas of labor and employment associate in the Boston office of Will & Emery in Boston. entrepreneurs find the people and litigation and counseling. Goulston & Storrs PC and a resources they need to succeed. Danielle Pelot ’04 is a litigation REUNION partner in the Boston office of ’03 & ’08 2000s [ ] Nixon Peabody LLP and focuses In Memoriam her practice on government Patricia E. Antezana ’00 is investigations and white collar William C. Beckert ’50 Joseph J. Alekshun Jr. ’63 counsel in the Pittsburgh, PA, defense. Thomas D. Kenna Jr. ’51 Howard W. Williams ’63 office of Reed Smith LLP and John J. Butler ’52 James T. Flaherty ’64 a member of the firm’s records Jonathan M. Shirley ’04 is a Richard F. Kirby ’52 Anthony F. Abatiell ’66 and electronic discovery practice partner and a member of the James P. Quirk ’52 Robert J. Kates ’67 group. litigation department at Devine George T. Decker ’53 Enid M. Starr ’67 Millimet in Manchester, NH. Raymond S. Barrett ’55 Patrick M. Ford ’68 David M. Jellinek ’00, a criminal John Francis Berrigan ’55 Paul B. Morley ’69 defense lawyer and the principal Kelly D. Babson ’06 is a partner Robert J. Sherer ’56 John M. Moscardelli ’70 of the Law Office of David in the Boston office of Nixon Hon. John M. Byrne ’57 Gaynelle Griffin Jones ’72 Jellinek in Boston, is the editor of Peabody LLP and focuses her Hon. Howard J. Moraghan ’57 Paul Cellucci ’73 the 2013 edition of LexisNexis practice in the areas of securities, Ralph C. Good ’61 John B. Howard ’75 Practice Guide: Massachusetts investment funds, and mergers Paul S. Best ’62 Joseph M. Hinchey ’80 Criminal Law. and acquisitions. Frederick J. Sullivan ’62

52 BC Law magazine | spring / summer 2013 Commencement 2013 A Day to Remember p h o t os b y suzi c amara a

bc law graduated 253 JD and 19 LLM students at its 81st commencement May 24. The address was given by William “Mo” Cowan (pictured at far right), who filled the US Senate seat vacated when John F. Kerry ’76 became Secretary of State.

www.bc.edu/lawalumni 53 Reframing a Gender Issue accommodations afforded to them under LSAC makes all determinations based on (continued from page 11) the ADA. At first blush, LSAC’s accommo- current documentation and that its deci- dation request process appears both rea- sion stood. or rate equal to their representation in the sonable and within the regulations set forth So there I was. Without any information class. At BC Law, however, over the past by the Department of Justice. LSAC calls revealing its reasoning, I was forced either seven years, women have been selected to for disabled test-takers to provide extensive to accept LSAC’s determination or incur journals at a near-equal rate to their repre- documentation of their disabilities, includ- the sizeable expense of time and money sentation in the class at large. Women were ing a recent psycho-educational evaluation and sue for my rights in federal district also elected to prestigious editorial board performed by a licensed psychologist and court. At the age of twenty-nine, I did not positions at a rate nearly equal to their rep- evidence of past accommodation received want to prolong my career aspirations for resentation on the journals’ general body on standardized tests such as the SAT the indefinite period of time it would take membership, comprising approximately or ACT. LSAC’s Accommodated Test- to sue, nor did I want to invest the neces- 45 percent of all executive board members ing department reviews each request and sary financial resources in counsel while over the past seven years. either grants or denies the request, issuing faced with three years of tuition expenses. While these findings are indeed unique a letter of its decision to each test-taker. If For the first time in my life, I took a stan- among law schools, people affiliated with denied, the disabled test-taker may appeal dardized test without accommodation. Pre- Boston College Law School are unlikely to to Accommodated Testing with further dictably, I scored significantly lower, well find them very surprising. The vast major- documentation or simply take the test in its below BC Law’s median score, than I had ity of students appreciate that BC Law standardized form. when I took the test in 2002. Luckily, the stands out from the crowd: 78 percent of Herein lies the problem with LSAC’s Law School looked beyond my LSAT score BC Law students would go to law school review process: It reserves the right to in admitting me into the class of 2013. again and 72 percent would again choose make all final determinations regarding Inspired by my experience, I used the BC Law. And while correlation cannot accommodation requests. Essentially, opportunity afforded me as a staff writer not equal causation, these findings suggest LSAC positions itself as the final arbiter of on the Journal of Law and Social Justice that the positive, collegial, and collabora- who does and does not warrant accommo- to argue for an independent third party to tive culture at BC Law may be having an dation under the ADA. Should a dispute review all disputes arising out of LSAC’s impact on the performance of its female arise from a denied request, the disabled accommodation denials. students. Many schools continue to pro- test-taker has one recourse: appeal to the In my student note, An Opportunity mote a Socratic method based in confron- same reviewers who denied the request to be Heard: A Call for Impartiality in tation and competition, a pedagogy that in the first place. The fact that LSAC Law School Admission Council’s Disabil- was designed for men and by men, when is a private corporation exacerbates this ity Accommodation Review Process (33 women were barred from the profession. problem because it is not beholden to the B.C.J.L. & Soc. Just. 183 (2013), (http:// As Anne-Marie Slaughter suggested in her same due process standards set forth for lawdigitalcommons.bc.edu/jlsj/vol33/ noteworthy article in The Atlantic, “now state governmental actors and therefore is iss1/6), I argue that LSAC serves as a de is the time to revisit the assumption that not required to establish an independent facto gatekeeper to the legal profession women must rush to adapt to the ‘man’s review for such disputes. Furthermore, in the United States given the pervasive world.’” LSAC is not required to release any infor- use of the LSAT in the law school appli- BC Law seems to embody that advice. mation regarding its employees charged cation process. In Brentwood Academy As it has shied away from the gladiator with reviewing these requests. As a result, v. Tennessee Secondary School Athletic model of legal education, its women have disabled test-takers find themselves at the Association, the Supreme Court ruled that been able to compete on more neutral mercy of an anonymous group of LSAC a private actor may be held to procedural ground and have proved that, given the employees whose qualifications for making due process standards when there is a close opportunity and the proper environment, such high-stakes determinations remain nexus between the State and the actions of women can succeed professionally without largely unknown to the public. When these that private actor. Similarly, LSAC’s inher- “leaning” anywhere. test-takers feel that their rights have been ently coercive position over all law school denied unfairly, they are forced to make aspirants should qualify it as a quasi-state Lauren Graber is an associate at Ropes an extremely difficult and unfair decision: actor, thereby affording disabled test-tak- & Gray and a BC Law graduate from the accept LSAC’s determination and take the ers the opportunity to be heard before an class of 2010. LSAT in its standardized form or sue in independent authority. federal district court. Ultimately, I advocate for the formation Confused as to why my profile war- of a sub-agency under the Department of Rights on Ice ranted accommodation in 2002 but not Education whose sole function would be to (continued from page 11) in 2009, I tried calling the Accommo- review these types of disputes. Such review dated Testing department but was politely would afford both LSAC and the disabled today every ABA accredited law school rebuffed and told that all inquiries must be test-taker to defend their claims in a more requires that its applicants include a valid made in writing via email. I complied and accessible and expedient setting than that LSAT score with their applications. drafted a letter asking for more informa- which currently exists. While admirable in its inception as a tion, specifically requesting a more detailed LSAC maintains that it reviews approx- method of inclusiveness, LSAC has recent- explanation as to why I previously war- imately 2,000 accommodation requests ly used the LSAT to exclude some disabled ranted accommodation but no longer did. every year and that it grants accommo- law school aspirants from receiving the I received a terse reply stating only that (continued on page 59)

54 BC Law magazine | spring / summer 2013 reunion giving report 2012

illustrations by pep montserrat

www.bc.edu/lawalumni 55 Michael O. Jennings Dennis R. La Fiura 2012 reunion giving report Jane Lisman Katz James F. Lafargue Robert D. Keefe Dennis A. Lalli Alice Connolly Kelleher Stephen R. Lamson Timothy E. Kish James P. Laughlin Stephen L. Kunken Alexandra Leake Thanks for a Banner Year Dennis J. LaCroix Alice S. Lonoff John J. McArdle Thomas E. Lynch hank you to alumni from the classes of James T. McKinlay Kevin J. Lynch Daniel J. Meehan, Chair John J. MacDonald 1962, 1967, 1972, 1977, 1982, 1987, 1992, Evvajean Malter Mintz Gary M. Markoff Roland E. Morneau Patrick J. McAuley 1997, 2002, and 2007 for raising total Frank R. Newett Claire L. McGuire participation in the class gift by 4 percent, Charles E. Schaub Carmen Messano Carol K. Silberstein Charles M. Meyer Tto 29 percent, and hitting an all-time reunion high Alfred L. Singer Jack J. Mikels Mark L. Snyder Frank Mondano of more than $2.1 million. Lawrence O. Spaulding James P. Mongeon James C. Sturdevant Stephen D. Moore Special recognition goes to the Class of 1982 for Richard W. Vercollone Eugene B. Nathanson the largest gift of $1.1 million. The Class of 1992 Richard J. Vita Edward J. Notis-Mcconarty Bruce A. Whitney Philip D. O’Neill set a twentieth reunion record for total giving of Bonnie G. Wittner Brian G. Osganian Florence A. Wood George A. Perry $152,582. The Class of 2007 reached a new fifth Michael J. Puzo, Chair reunion record for participation with 33 percent. 1977 Diane L. Renfroe 35th Reunion Rachel Rivlin Anne Rogers And highest overall participation, 40 percent, was Class Gift Total: Gary A. Rosenberg $210,869 achieved by the Class of 1977. Steven P. Ross Participation: 40% Mary K. Ryan Some 440 alumni and guests attended Reunion Ronald A. Ball Jeffrey S. Sabin Esther R. Barnhart Kitt Sawitsky Weekend 2012, which included twenty events on Edward C. Bassett Gary M. Sidell campus and at the Ritz-Carlton on Boston Common. Andrew N. Bernstein Susan St. Thomas Rebecca E. Book Joan C. Stoddard Philip M. Cedar Michael L. Tichnor Joseph M. Centorino David J. Tracy Arnold R. Rosenfeld Diana W. Centorino Lawrence M. Vogel 1962 1967 Daniel C. Sacco Donald Chou Lorraine H. Weber 50th Reunion 45th Reunion Richard D. Zaiger Robert L. Collings Eileen D. Yacknin Class Gift Total: Class Gift Total: $97,247 Robert P. Corcoran $132,425 Participation: 35% 1972 Evan Crosby Participation: 32% Charles A. Abdella 40th Reunion John H. Cunha 1982 Leonard F. DeLuca, Chair 30th Reunion Roger M. Bougie Stephen P. BealeCharles T. Class Gift Total: Carl F. Dierker Pierre O. Caron Callahan $187,283 Class Gift Total: Robert W. Clifford Kevin B. Callanan, Chair Thomas J. Douglas $1,134,865 Participation: 28% John J. Connors Carl J. Cangelosi Elizabeth M. Fahey Terrence J. Ahearn Participation: 31% Charles W. Dixon Peter S. Casey Richard A. Feinstein William G. Berkson David W. Adams Carroll E. Dubuc Leonard F. Conway Joel H. Fishman Raymond G. Bolton Bradford C. Auerbach Jay S. Hamelburg Edward D. Feldstein Richard V. Fitzgerald Samuel J. Bonafede Paul J. Ayoub John R. Kenney Paula W. Gold Edward L. Fitzmaurice Peter H. Bronstein Vincent C. Baird Robert J. Martin Stephen B. Goldenberg Mark S. Furman Daniel E. Callahan Mark T. Beaudouin Walter L. Murphy Joseph M. Hall Melinda V. Golub Thomas D. Carmel Joanne E. Bell Donald J. Orkin Donald F. Henderson Thomas L. Guidi Paul K. Cascio Michael J. Bevilacqua David B. Perini William M. Kargman, Chair Jill A. Hanken Dimitri Terrance P. Christenson Tammy Brynie Denis G. Regan Lawrence A. Katz James D. Hanrahan Richard A. Cohen Kevin M. Carome Edward I. Rudman James H. Klein Mary H. Harvey John E. Coyne Jeffrey A. Clopeck Wilfred L. Sanders Daniel B. Kulak James E. Harvey Robert L. Dambrov Thomas P. Dale Donald L. Sharpe James J. Lawlor Francis R. Herrmann Harold Damelin Edward F. Fay Daniel W. Shea Frederick S. Lenz Margaret R. Hinkle Robert K. Decelles Camille K. Fong Murray G. Shocket Edward A. Lenz Jory M. Hochberg William F. Demarest Barbara B. Foster Ernest T. Smith Robert E. McCarthy Norma J. Iacovo Douglass N. Ellis Ellen Frank John F. Sullivan William A. McCormack, Anne L. Josephson Donald N. Freedman Virginia W. Fruhan Robert F. Sylvia Chair James F. Kavanaugh Jr., Joseph W. Gannon Peter Fuster Herbert L. Turney David L. Murphy Chair Richard D. Glovsky Margaret R. Gallogly Walter F. Weldon John F. Murphy Douglas Keegan Michael S. Greco John H. Geaney Kenneth H. Zimble Gerald F. Petruccelli Ann I. Killilea Edward A. Haffer Edward A. Giedgowd Gerald R. Prunier Robert P. Kristoff Thomas E. Humphrey Edith A. Goldman Charles P. Reidy Dennis J. Krumholz Paul D. Jarvis Kevin T. Grady

56 BC Law magazine | spring / summer 2013 Andrew C. Griesinger Deirdre A. Foley Rita A. Sheffey Harold Parker Fiske Barbara Hamelburg 1987 Richard J. Gallogly Melissa Jo Shufro Julie S. Flaherty Jill A. Heine 25th Reunion Mary E. Garrity Jay E. Sicklick Jennifer Z. Flanagan Norma J. Herbers Class Gift Total: Larry Goanos Timothy M. Smith Joel A. Goldberg John A. Herbers $187,149 Jeffrey C. Hadden Richard W. Stacey Gretchen B. Graef John M. Hession Donna S. Hanlon Kathryn A. Swenson April P. Haupt Participation: 36% David J. Himmelberger William J. Hanlon Marie M. Tavernini Jeffrey A. Healy Maris L. Abbene Janet L. Hoffman William A. Hazel Graham L. Teall Brigid K. Hurley Catherine Arcabascio Donald M. Keller Thomas A. Hippler George S. Tsandikos Patricia A. Johansen Elizabeth M. Argy Paula A. Kelly Patrick Q. Hustead Joseph M. Vanek, Chair Rodney D. Johnson Nicholas Argy Sharon A, Kroupa Hazel Inglis Joan O. Vorster Alison N. Kallman Edward G. Avila Cindy A. Laquidara Arthur S. Jackson Teresa Walsh Martin F. Kane Kathryn J. Barton, Chair Elaine R. Lev Scott J. Jordan Kimberly Warren Tamsin Kaplan Richard J. Bedell Michael W. Lyons Mark A. Katzoff Stephen C. Wolf Chris J. Kelley Jane A. Bell Alice M. MacDermott John M. Kelly Hisao T. Kushi Janet J. Bobit Loretta L. McCabe Michelle S. LaBrecque Scott A. Lively Charles D. Boddy Yvonne V. Miller Debra S. Lefkowitz 1992 John F. Malitzis Kevin M. Brown 20th Reunion Steven H. Peck Gary D. Levine Patricia A. Markus Estelle S. Burg Martin C. Pentz Patricia J. Lewis Class Gift Total: Matthew C. McNeill Kevin C. Cain Lisa G. Polan Josephine McNeil $154,332 Valerie J. Nevel Kathleen M. Caminiti George S. Pultz John A. Meltaus Participation: 24% Henriette Perkins Patricia J. Campanella Carol F. Relihan Ann M. Monzione Dennis P. Ahern Jeanne M. Picerne Peter G. Cary Richard J. Riley David S. Newman Mary E. Alessandro Jennifer D. Queally John G. Casagrande Marjory D. Robertson Paula M. Noonan Isabel Barney Dennis C. Quinn Frank D. Chaiken Patricia K. Rocha Brian A. O’Connell David Baron David W. Robinson Colin A. Coleman, Chair Mark Romaneski Robert Orsi George G. Burke Julie A. Rossetti Mark W. Corner Martin J. Rooney Peter A. Palmer Susan J. Calger Cornelius B. Salmon Xiomara Corral David P. Rosenblatt Constantine Papademetriou Lucy M. Canavan Mark A. Schemmel Eduardo Cosio Barbara M. Senecal Alison S. Randall Robert M. Carney David A. Schwartz James J. Coviello Charles P. Shimer Roger H. Read Megan E. Carroll Gina M. Signorello Thomas A. Cox Gail F. Silberstein David M. Rievman Kelly M. Cournoyer Eric H. Sills Margaret B. Crockett William E. Simon Jon R. Roellke Glenn Deegan Catherine S. Smith Rosemary Daly Robert P. Snell Ninoska Rosado Maureen B. Dodig Mark F. Tatelbaum Tricia F. Deraska Steven A. Steigerwald Marcea M. Rosenblatt B. Dane Dudley Jeffrey D. Thielman, Chair George T. Dilworth Gregg L. Sullivan Mathew S. Rosengart Maureen C. Dwyer Elizabeth S. Torkelsen James C. Duda Andrea S. Umlas Bonnie C. Rowe Steven P. Eakman Steven M. Torkelsen Anne M. Falvey Rebecca S. Vose Peter E. Ruhlin Stephen V. Falanga, Chair Robert J. Weber Andrew J. Fay Christopher W. Zadina Carol E. Schultze Alison H. Feagin Eileen M. Fields

Overall Campaign Total: $2,176,775

Participation: 29%

www.bc.edu/lawalumni 57 Douglas B. McLaughlin Ryan E. Driscoll William F. Appleyard Sandra V. Lora 1997 Cynthia M. Zarate Michael R. Dube Zoe M. Argento Sarah K. Lunn 15th Reunion Joyce B. Moscarelli M. J. Edwards Carolyn S. Bill Peter D. McCarthy Class Gift Total: Thomas J. Murphy Gregory S. Fine Nick Brandt Jacqueline Mercier $23,950 Laurence P. Naughton, Sheila M. Flanagan-Sheils Emilie S. Burnette David E. Mollo-Christensen Chair Darien K. S. Fleming Gerald H. Cahill Julia W. Monack Participation: 19% Abigail S. Olsen Matthew J. Fogelman Esther Chang, Chair Larkin M. Morton Virginia Badenhope Brian J. O’Rourke Maureen L. Goodman Elizabeth A. Chew Jill O. Mueller John T. Battaglia Barbara J. Osborne Anabelle P. Gray David T. Cohen John T. Mulcahy David M. Belcher Fernando M. Pinguelo, Cynthia M. Guizzetti Ian E. Cohen Claire E. Newton Peter G. Brassard Chair Zachary L. Heiden Elizabeth S. Davenny Jessica M. Packard Brian P. Carey Pete Russell Michael J. Hickey Chad E. Davis Joseph Palazzo Tracy A. Catapano-Fox Timothy F. Silva Michael J. Joyce Joshua C. Dodd Tiffany M. Palazzo David Cerveny Bruce Skillin Kathleen D. Joyce Michael J. Douglas Michael E. Pastore Christian Chandler Benjamin D. Stevenson Arielle D. Kane Stacey F. Doynow Jennifer R. Pattison F. Bruce Cohen Beth C. Van Pelt Jason L. Kropp Erika L. Duelks Neil F. Petersen Diana M. Collazo Sarah E. Walters Anthony R. Marciano Kathleen E. Dugan Charlotte M. Petilla Jennifer A. Creedon Jonathan A. C. Wise Katherine S. McKinley Michael C. Egan Irene Porokhova Beth Criswell Robert P. Monahan Alison K. Eggers Andrew R. Remming Rachel B. Damelin Holly L. Nguyen Michael A. Fazio Jillian G. Remming John DeSimone 2002 Robert J. O’Keefe Thomas A. Franklin Alberto Rodriguez Michael H. Dolan 10th Reunion Joon Park Nathaniel T. Gaede Jeffrey S. Rogan Benjamin J. Ericson Class Gift Total: Jeffrey S. Ranen Stephen F. Greene Katherine M. Romano Daniel Forman $15,026 Jeffrey W. Roberts Pamela A. Grossetti Joe M. Sasanuma Thomas A. Guida Participation: 19% William A. Ryan Hanif Gulamhussein Jessica M. Schauer Nicole R. Hadas Reuben B. Ackerman Douglas A. Sondgeroth Jane C. Harper David M. Scheffler Stuart J. Hamilton Earl Adams Tanisha M. Sullivan Catherine E. Heitzenrater Luke M. Scheuer Michael R. Harrington Jennifer L. Antoniazzi Christopher S. Taffe Lisa J. Holtzmuller Ashly E. Scheufele Kevin J. Heaney Elizabeth M. Azano Rebecca A. Ulz Dave Holtzmuller Joseph Schott Sean Hill Charles W. Azano Lance A. Wade Patrick J. Hurley, Chair Dennis Stefanitsis Mark S. Kaduboski Allan Caggiano Emily L. Walsh Richard A. Johnson Christopher T. Stevenson Matthew J. Kelly Mehtap C. Conti Nicole C. Whittington Joseph F. Kadlec Johanna L. Wise Sullivan Christine A. Kelly Wen-Hwei Chu Frank C. Kanther Edward M. Thomas Daniel B. Klein Theodore W. Connolly Eleftheria S. Keans Arabela Thomas Danielle Lash Jason P. Conti 2007 James E. Kruzer Joshua J. VandenHengel Vincent W. Lau 5th Reunion Matthew P. Cormier Brian C. Lavin Kate S. Woodall Cameron S. Matheson Rosalynn H. Cormier Class Gift Total: Michael B. Leahy Anne A. Zeckser Kelly C. McIntosh Patience W. Crozier $33,629 Stuart T. Leslie David M. McIntosh Andy De Mayo Participation: 33% Michelle B. Limaj

Save the Date Reunion 2013 When November 1-3, 2013

Who Alumni from classes ending in 3 and 8

Where BC Law Newton Campus and the Ritz-Carlton Hotel, Boston

What Faculty/Alumni Luncheon, Special Receptions and Presen- tations, Alumni Assembly, Bar Review, Class Events, Address by former President of Ireland Mary McAleese, Reunion Dinner, and much, much more.

How For information, contact Mike Hollis at 617-552-6216 or [email protected].

58 BCBC LawLaw magazine | spring / summer 20132011 Rights on Ice view, the “admission” was really an effort federal and state governments. If Marshall (continued from page 54) to blame Cornwell, and, in that way, to had been less successful, the enterprise of derail the lawsuit. judicial review may have foundered, espe- dation to roughly 50 percent of those “This was not a matter of self-report- cially as the number of dissents grew. Lat- requests. At present, there is no way to ing, it was a matter of attempting to blame er, public doubts over the Court’s activism know how much these numbers fluctu- a client for political reimbursements that might have sparked proposals for a rule of ate from year to year. Taking LSAC at its Anchin’s own principal [Snapper] had a super-majority or unanimous consent for word, this means that there are approxi- carried out,” Lukey says, recalling the the nullification of statutes. mately 1,000 disabled test-takers every moment as a critical point in the case. Could the bare-majority rule in the year who are forced to make the same dif- “If you’re a client paying business man- Supreme Court be changed? Professor ficult decision that I had to make. agers, full service business managers, sev- Jed Shugerman of Harvard has floated If we are to live up to the ADA’s stated eral hundred thousand dollars a year to a two-thirds majority rule for the Court mission to eliminate discrimination against maintain your affairs and retain your to declare an act of Congress unconstitu- the disabled, then LSAC must be held personal records in confidence, and they tional. He says the Supreme Court could accountable for its decisions. I only hope breach that confidence by secretly going establish the rule internally, as it has its that my time at Boston College Law School to the Department of Justice and turning non-majority rule for granting certiorari. can play a role in achieving this goal. over all of your confidential financial docu- Alternatively, he says that Congress may —Edward Dunn ’13 ments without notice to you, you have a have the power to enact such a rule under right to be pretty upset. And, if you then Article III of the Constitution, which find out that they are also falsely blaming grants Congress authority to make excep- Great Case—Cornwell you for conduct carried out by an Anchin tions and regulations to the appellate juris- (continued from page 26) principal without even asking your under- diction of the Supreme Court. standing of what happened, you have a A change in the bare-majority rule at it was halfway through the trial, and right to be extremely angry and to feel vio- the Supreme Court level is not likely any- Lukey was peppering a reluctant witness, lated. I personally consider that to support time soon. In the meantime, the 5-4 opin- Anchin managing partner Frank Schet- a claim for breach of fiduciary duty, and it ions that will bloom this June and bind us tino, on what he knew of the company’s appears that the jury agreed,” Lukey says. beyond should remind us that the majority work with Cornwell. What was Anchin’s With the approval of Judge O’Toole, rules in America in more ways than one. involvement in a justice department inves- Lukey recalled as a witness the Anchin tigation into illegal campaign contributions executive whose job it was to identify and Thomas A. Barnico is a visiting professor the company had made on Cornwell’s produce documents relating to the DOJ at BC Law and co-director of its Attorney behalf, she wanted to know. investigation: She asked him why he had General Clinical Program. He was an Cornwell and Lukey had long found it not reviewed the files maintained and assistant attorney general in Massachusetts troubling that Anchin’s criminal defense belatedly turned over by Anchin’s law firm from 1981 to 2010. lawyer, James Cole, who represented the in the DOJ matter to ensure that every- company when it reported the campaign thing had been provided to plaintiffs. violations to the Department of Justice, The executive, Ehud Sadan, told her, “I would eventually be appointed to the No. did not see the need for it.” Do You Have a 2 position at the DOJ, while the investigation was still pending. Milton J. Valencia, a reporter for the Bos- BC Law Love Story? And so at trial, Lukey asked Schettino ton Globe, covered the Cornwell trial for about correspondence between the justice his newspaper. department and Anchin’s lawyers, including Cole. That was when Schettino asked, “Where’s the other letter?” Bare Majority Rule What other letter? (continued from page 60) Lukey believed that she may have just found the smoking gun: Anchin had failed So, if alternatives are obvious, and the to turn over all documents related to the United States Constitution says nothing Department of Justice investigation, as the about such a rule, why did the judge-made rules had required. Through a subpoena, bare-majority rule take hold and endure she was able to obtain the documents from in the United States Supreme Court? The Anchin’s defense firm. They were about an answer may lie in two words: John Mar- inch-and-a-half thick, Lukey recalls. And shall. By establishing so formidably the in the letters and emails, Lukey found what Court’s constitutional review of legisla- she believed to be a clear pattern: Anchin tion, Marshall may have convinced a We’d like to hear it. had not simply asked the Department nation that even (in later cases) a bare of Justice to investigate the violations— majority of the Court was acting consis- Please contact editor Vicki Sanders what the company called voluntarily “self- tently with the intent of the framers and at 617-552-2873 or [email protected]. reporting”—but it also had been pointing the text of the Constitution in nullifying the finger at Cornwell all along. In Lukey’s the work of the “political” branches of the

www.bc.edu/lawalumni 59 [[ II nn C C ll oo sinsin gg ]]

Should Bare Majority Rule?

What if the Supreme Court needed a super majority to strike down statutes?

By Professor Thomas A. Barnico ’80

une brings weddings and commencements, two events where consensus usually prevails. Not all June decrees are unanimous, however, certainly not at the United States Supreme Court, where end-of-term judgments bring 5-4 decisions with pointed Jdissents. This June will likely bring a fresh bouquet of 5-4 decisions on issues such as the use of race in collegiate admissions, voting rights, and equality. Winners will gratefully exhale while losers will dismiss the margins as bare or slim. A loud critic of Citizens United (5-4 in 2010) might soon be cheering as a landmark a judgment striking down by a single vote the federal Defense of Marriage Act or California’s Proposition 8. We accept these 5-4 decisions as the law of the land, but why? Why does the bare majority rule at the Supreme Court? As we field a new round of 5-4 decisions this month, it is worth asking these questions. Professor Jeremy Waldron of NYU and Oxford grappled with the issue of bare-majority rule in appellate courts in a recent lecture at Boston College Law School and in a related paper. Waldron says that we take for granted bare-majority decision-making by courts. We accept this even in a case in which a court is asked to strike down a statute enacted by Congress or a state legislature as unconstitutional. In such cases, the bare-majority rule drives the decision, as the party seeking to strike the act needs only a bare majority of judges to win. The bare-majority rule also drives the politics of Supreme Court appointments, as the hotly contested outcomes of 5-4 decisions are viewed as reversible th eispo t /alex nabaum by a single appointment and the creation of a new bare majority on the other side. These constitutional court) concurs. Nebraska, North Dakota, South Caro- cases illustrate the application of the rule in its most lina, and Ohio all have had super-majority rules for powerful form because the constitutional stakes— striking down legislation. The Nebraska Constitution, the validity of an act passed by the people’s elected for example, provides that no legislative act may be representatives in the federal or a state government— held unconstitutional except by the concurrence of are high and a rule that makes it easier, rather than five judges—five-sevenths of the membership of the harder, for the judges to strike an act has profound Nebraska Supreme Court. That court has held that constitutional effects. the super-majority rule, which amended the Nebraska The justification for bare-majority decisions in Constitution in 1920, was intended to guard against constitutional cases is also worth pondering because overly aggressive constitutional review by state courts. the alternative rule is obvious: a super-majority rule North Dakota has a similar super-majority rule, requir- under which a court may strike down the act of a ing the concurrence of four of the five judges on its legislature only if a super-majority (or a unanimous supreme court. (continued on page 59)

60 BC Law magazine | spring / summer 2013 y legacy gift is in gratitude Mto BC Law for giving me the tools for a rewarding career “as an environmental lawyer—at the Attorney General’s Office, Nutter McClennen & Fish, and, after my retirement from Nutter, at Alternatives for Community and Environment in Roxbury. Despite the challenges of juggling law school, Law Review, and two small children, I found BC Law to be a very supportive environment with an excellent faculty and a sense of collegiality.”—Anne S. Rogers ’77, a pro bono attorney for Alternatives for Community and Environment

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