BC Law Magazine Fall/Winter 2010 Boston College Law School

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Boston College Law School Magazine

10-1-2010 BC Law Magazine Fall/Winter 2010 Boston College Law School

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Recommended Citation Boston College Law School, "BC Law Magazine Fall/Winter 2010" (2010). Boston College Law School Magazine. Book 37. http://lawdigitalcommons.bc.edu/bclsm/37

This Magazine is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Magazine by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Online at www.bc.edu/bclawmagazine CAN LAW FIRMS CHANGE? | A MUSLIM VOICE | REPORT ON GIVING

BOSTON COLLEGE LAW SCHOOL MAGAZINE | FALL / WINTEr 2010

a man for others the life and work of francis x. bellotti ’52 Before there was , there was “face to face!”

For Reunioners & Volunteers*

October 14–15, 2011

Please join us at the Alumni Weekend if you

* Graduated in a reunion class: 1961, 1966, 1971, 1976, 1981, 1986, 1991, 1996, 2001, 2006, or * Volunteered for BC Law during the past year as a 1L mentor, reunion committee member, regional alumni chapter organizer, oral advocacy judge, admissions volunteer, class agent, or in any other capacity. To begin volunteering, visit www.bc.edu/lawalumnivolunteer.

Look for more information in the coming months, but please save the date now! Contents fall / winter 2010 V o l u m e 1 9 | N u m b e r 1

FEATURES DEPARTMENTS 52 In Limine 12 The People’s Lawyer 53 Behind the Columns As attorney general, Francis X. Bellotti ’52 gave new meaning to the term ‘public servant’ 54 In Brief By Jody Santos 10 Legal Currents breaking the camel’s back A case for changing how law firms work great cases 16 Facing Down the Phalanx oil and water The mastermind of a landmark defense for BC Law examines Gulf spill the mutual fund industry, John Donovan ’81 a century of sis, boom...bah! outflanked deep-pocketed plaintiffs, side- Legal dimensions of NCAA governance stepped a world economic climate blunting 28 Esquire his cause, and won over the US Supreme Court ALUMNI NEWS By Chad Konecky generations CLASS NOTES 21 For the Record 37 Faculty A brief history of seven deans and their scholar’s forum seven busy decades Tackling patent limits By Vicki Sanders profile: Judy McMorrow Academic Vitae 53 Light the World Campaign Report 57 Report on Giving Cover: Photo by Jacob Silberberg ’12 Photo above: BC Law Class of 1939 72 In Closing

www.bc.edu/lawalumni 1 [ I n L i m i n e ]

F a ll / W i n t e r 2 0 1 0 A Matter of Character VOLU m e 1 9 N U M B e r 1 Interim Dean George Brown

Stories of people who uphold the rule of law Editor in Chief Vicki Sanders ([email protected]) hat makes former Attorney General Francis X. Bellotti ’52 misty-eyed? How did Boston attorney John Donovan ’81 win Art Director Wa Supreme Court victory defending the mutual fund industry at Annette Trivette precisely the time the economic collapse sullied that very industry? Will the NCAA ever untangle the thorny legal issues raised by the collision Contributing Editors of amateur athletics and the market forces of a multibillion-dollar sports Deborah J. Wakefield industry? Our reporters set out to solve these and other mysteries and Tiffany Wilding-White brought back a magazine full of stories that remind us not only of the importance of the rule of law but also of the character of the attorneys Contributing Writers who uphold it. Cynthia Atoji We invite you to read the Bellotti profile (Page 12) to find out what Chad Konecky brings tears to his eyes, but we can tell you that the fierceness with Michael O’Donnell ’04 which he fought for the little guy as AG and his gift for mentoring Cara Feinberg others are the stuff of legend. Even Bellotti’s most recent enterprise, the Ali Russell ’11 Arbella Insurance Group, grew out of his public interest concern that the Jody Santos changing insurance marketplace in the 1990s would harm the consumer Jane Whitehead if he didn’t create some competition by founding a firm owned by Jeri Zeder policyholders. As for Donovan, imagine him waking up in his hotel on the morning Photographers of his day in court to this scene on Bloomberg Business Television: Suzi Camarata Jack Bogle, the founder of The Vanguard Group, editorializing that the Frank Curran Supreme Court needed to side with greater regulation of mutual funds. Charles Gauthier The saga of Donovan’s journey to victory against such odds begins on Page 16. Jason Liu BC Law hosted the NCAA symposium in October. Panelists Jacob Silberberg ’12 addressed everything from gender equity (“What we’re seeing is Dana Smith what I would characterize as cheating,” said one) to the adequacy of sanctions for rules violations to the regulation of recruiting P r i n t i n g tactics. Read about these matters and the theatrics—thanks to a R. C. Brayshaw & Company WI LD ING - W H ITE head-to-head between Bowl Championship Series founder Roy AN Y Boston College Law School of New-

TI FF Kramer and anti-BCS activist Matthew Sanderson—during the ton, Massachusetts 02459-1163, publish- symposium luncheon, on Page 11. es BC Law Magazine two times a year: in January and June. BC Law Magazine is Theatrics of another kind are at the center of Professor Intisar Rabb’s printed by R. C. Brayshaw & Company rumination on anti-Muslim outrage in the United States (see Page 72). in Warner and West Lebanon, NH. We welcome readers’ comments. Contact us She argues that such prejudice (the outcry over a proposed cultural center by phone at 617-552-2873; by mail at near Ground Zero, a mosque burning in Tennessee, an anti-Islamic law Boston College Law School, Barat House, 885 Centre Street, Newton, MA 02459- referendum in Oklahoma) exposes two different Americas, one true to its 1163; or by email at [email protected]. ideals, the other not. Which America, she asks, will prevail? Copyright © 2010, Boston College Law Finally, there comes a spoiler of sorts. William D. Henderson, professor School. All publication rights reserved. Opinions expressed in BC Law of law at Indiana University, spoke at BC Law’s alumni weekend and said Magazine do not necessarily reflect the two things: One, if law firms don’t change the way they do business, they views of Boston College Law School or Boston College. will fail. Two, if law schools don’t change the way they teach students, they will fail. Needless to say, we’re listening. So can you on Page 10. —Vicki Sanders Editor in Chief

2 BC Law magazine | Fall / Winter 2010 [ B e h i n d t h e C o l u m n s ]

The Interregnum

Professor Brown steps in as interim dean

eorge Brown has front. “I am particularly a lot of things pleased by the progress Gon his mind these that our junior faculty days. Many of them go shows,” Brown says. beyond the scholarly “We’ve made excel- contemplations on po- lent hires in recent years litical corruption and and we hope to continue government ethics for that trend under the new which he is nationally dean.” known. As interim dean, The rest of the faculty the Robert Drinan, SJ, have also been engaged Professor of Law is the in vigorous scholar- transitional figure who ship, Brown says. For is bridging the divide instance, they organized between the departure two important symposia of John Garvey for last fall on the NCAA Catholic University last and the Gulf oil spill (see July and the arrival of a Legal Currents in this new dean, expected by issue for full reports). next summer. But there The faculty have turned is nothing “temporary” out an impressive array about his approach to of papers on those and law school governance. other topics. “The life of a law Another issue that school doesn’t stop when must be addressed on an a dean departs,” Dean Brown observes. “It’s a difficult ongoing basis and that’s taken on added importance time for the legal profession in general, and the law in a difficult economy is the affordability of a legal school is not immune. We have to maintain our education for students, many of whom have to go competitive edge both in terms of the education we deeply in debt to pay for school. “We’ve already give our students and the research and scholarship engaged in significant affordability initiatives and are by which we are known in the legal world. Rankings in the process of devising new ones,” Brown explains, are a fact of life, and we have to make a strong effort citing as an example a $3 million gift given by the to maintain and enhance our position in the national Arbella insurance company and friends of Francis rankings.” X. Bellotti ’52 to endow BC Law’s Loan Repayment Himself the author of more than forty law review Assistance Program (LRAP) (see related stories on articles—including roughly one a year during his pages 12 and 54). LRAP encourages graduates to three-and-a-half decades at BC Law—Brown says enter the low-paying public interest sector by assisting scholarship remains a high priority for the school. “In them with their school loans. “We are also striving my position both as interim dean and faculty member, for 100 percent participation by faculty in a fund to I’ve emphasized the importance of strengthening BC’s provide student scholarships,” he adds. role as a center of research and scholarship,” he says. “My goal is to hand over the keys to this office to “One should lead by example, and I will be publishing a permanent dean with the Law School functioning a piece on the so-called ‘reverse war on terror suits’ in smoothly and dedicated to its mission of excellence,” the Florida Law Review this winter.” Brown says. Indeed, there has been a lot of activity on the faculty —Vicki Sanders

www.bc.edu/lawalumni 3 BULLETIN BOARD [ I n B rief ] Georgetown Law adjunct professor Mark V. Vlasic provided Campus news & events of note a glimpse inside the investiga- tion and prosecution of the Sre- brenica genocide case, the first that led to a conviction, during The Human Cost his talk “Ending Impunity” in of Sanctions November. He was a member WHO Joy Gordon, author, of the Slobodan Milosevic and The Invisible War: The Srebrenica genocide prosecution United States and the Iraq trial teams. Sanctions (Harvard University Professor Judith McMorrow Press, 2010) recently spent a Fulbright year WHEN/WHERE Spoke at BC in China studying the Chinese Law in October, sponsored legal profession and teaching. by the Women’s Law Center, In August, she repaid the favor International Law Society, by hosting eight visitors from and HHRP. Beijing’s Renmin University for a week-long program on “Insights WHAT Gordon makes the into US Law.” Nine BC Law case that “the economic faculty conducted workshops sanctions imposed on Iraq in topics ranging from the US from 1990 to 2003 were the Constitution to cultural property most comprehensive and to legal ethics. The visitors also devastating of any estab- toured the state Supreme Judi- lished in the name of inter- cial Court. national governance. The sanctions, coupled with the BC Law hosted an American Bar Association Criminal Justice bombing campaign of 1991, Section roundtable in October brought about the near col- at which some thirty academics, lapse of Iraq’s infrastructure criminal practitioners, and judg- and profoundly compro- es discussed pending revisions to mised basic conditions neces- the ABA Criminal Justice Stan- sary to sustain life,” accord- dards. They examined whether ing to publisher Harvard the revisions adequately guide University Press. In her sharp prosecutors and defense lawyers indictment of US policy, Gor- on such ethical issues as charg- don concludes that “in every ing, discovery, statements to political, legal, and bureau- the media, and relations with cratic domain, the deliberate victims, opposing counsel, and policies of the United States the court. ensured the continuation of Iraq’s catastrophic condition.” The Eleventh Annual Owen M. Kupferschmidt Holocaust Hu- man Rights Project presented “Beyond the Rhetoric of Slavery: overheard Injecting Human Rights into Anti-trafficking Strategies” in This from a very pleased Professor Paul Tremblay about two teams of 1Ls at the ABA Negotiation Competition regionals at Harvard Law School in November. He called Nancy Frigo and Irina November. Jacqueline Bhabha Sivanchenko “amazingly nimble negotiators” who made it through two rounds among sixteen of Harvard Law and the Ken- teams. As for their classmates Chris Floyd and Sameer Sheikh, well…. nedy School suggested in her lecture that resources, policies, “With four teams contending, Chris and Sameer were brilliant. They had and laws would be more effec- received their instructions only late in the evening on Saturday, but they tive if they addressed the root causes of the slave trade and devised a fabulous strategy and negotiated with impressive skill and the social and economic condi- creativity. The judges loved their work and awarded them first place. Chris tions that create victims and the and Sameer now get to compete in the nationals at the ABA’s Midyear systems that exploit them. Meeting in Atlanta in February.”

4 BC Law magazine | fall / winter 2010 [ I n B rief ]

Corporate Governance Program to Launch

One-day intensive to teach board directors fiduciary best practices

o decade in recent nance on June 22. expertise in the field of corpo- director and general counsel history has witnessed The interdisciplinary pro- rate governance has designed at Race Point Capital Group), N such dramatic events gram will offer corporate board the program to ensure that it is law professors Kent Greenfield in the business world: techno- directors, senior management, relevant to corporate directors and Renee Jones, and Kather- logical leaps, tremendous finan- and corporate counsel instruc- and embodies BC’s standards ine Smith (executive director cial growth, unprecedented cor- tion on directors’ legal duties of educational excellence and of the Center on Corporate porate disasters, sweeping regu- and director protection, man- ethics. Citizenship). latory reforms. In their wake, aging risk and creating value Members are Robert Popeo Dana Gold, former director corporate board directors are through corporate responsibil- ’61 (chairman of Mintz Levin of the Center on Corporations, being held more accountable ity, and how the global econ- et al.), David Weinstein ’75 Law and Society at Seattle than ever before. omy and legal landscape affect (former EVP at Fidelity Invest- University School of Law that Responding to the need for risk assessment and corporate ments), John Donovan ’81 hosted an annual academy for practical board director educa- oversight. (partner at Ropes & Gray), board directors in the Pacific tion, the Law School, under the Directors will learn practi- Paul Dacier (general counsel at Northwest, is spearheading the auspices of its Business Advi- cal skills through interactive EMC Corp.), James Champy program for BC Law. sory Council and in collabora- lectures, panels, and hands-on ’68 (former chairman of Perot Registration will be limited. tion with the BC Carroll School case study break-out discus- Consulting and chair of the For more information, visit of Management’s Center for sions. It is anticipated that the BC Law Business Advisory the Law School’s website at Corporate Citizenship, will program will be offered in an Council), Rick Spillane (direc- www.bc.edu/law or contact present the Directors’ Intensive updated format annually. tor at Eaton Vance), Christo- Dana Gold at dana.gold@ Program on Corporate Gover- A convening committee with pher Mirabile ’94 (managing bc.edu.

Program Encourages Public Interest Leadership

HALF OF BBA’S NEW FELLOWS ARE BC LAW GRADS

ix of the twelve “lead- dent attorney with the BC Law ers” chosen to participate Legal Assistance Bureau and S in the Boston Bar Asso- an intern with the Gang Unit ciation’s Public Interest Leader- of the Suffolk County District ship Program are graduates of Attorney’s Office. Boston College Law School. Brian P. Dunphy and Jane

i s tock ph oto.com/c h ri farrugia The eight-year-old program H o a g ’ s C. Harper are 2007 graduates honors a select group of law- Domestic Vio- of BC Law. Dunphy is an asso- yers who have demonstrated lence Prevention Project, ciate with Mintz, Levin, Cohn, a commitment to pro bono, associate Thomas R. Ayres Ferris, Glovsky & Popeo. He public service, or organized bar ’04 has handled more than has pro bono experience in activities. They receive leader- mate, Shagha twenty domestic violence the Immigration Court, repre- ship training and participate Tousi ’05, was and immigration mat- senting clients seeking asylum, in activities designed to devel- a summer clerk ters. After law school, he and with the Sports Legacy op their skills, networks, and for the Hon. Hen- clerked for Justice Scott Institute, which works to pre- engagement in public service. ry J. Boroff of the L. Kafker of the Massa- vent brain trauma in athletes The 2010-2011 BBA leaders US Bankruptcy Court for the chusetts Appeals Court. Jeffrey and other at-risk groups. Skad- include Goodwin Procter asso- District of Massachusetts and M. Burns ’04, an associate at den, Arps, Slate, Meagher & ciate Stacey B. Ardini ’05, who has been involved in pro bono Greenberg Traurig, has been a Flom associate Harper spent has represented many pro bono immigration and civil rights team leader for Citizen Schools, a year teaching in Kenya and clients and worked as a legisla- cases. She is an associate at where he developed hypotheti- has served on the board of the tive aide and special assistant Nutter, McClennen & Fish. cal fact patterns and cases to League of Women Voters of district attorney. Her class- As a member of Foley be tried at court. He was a stu- Hamilton and Wenham.

www.bc.edu/lawalumni 5 [ I n B rief ]

By the Numbers Judicial Fellowship Program Class of 2013 Matches Clerks to Courts

SUPERIOR COURT GIVES RECENT GRADS 6,942 A CAREER BOOST Total Applicants

udicial clerkships are a feath- to be in court.” 261 er in the cap of newly minted Establishing the program Class Size Jlawyers and a serious help took a bit of doing. The state’s to busy trial judges. So, when conflict of interest laws stipu- budget cuts forced a hiring freeze late that compensation for public 25% on clerks for the Massachusetts employees cannot come from Students of Color Superior Court, Professor R. outside sources. But the State Michael Cassidy got an idea: Ethics Commission is empow- 24 Create a Judicial Fellowship Pro- ered to issue exceptions, and is Average Age gram in which young BC Law most likely to do so when an grads serve as Superior Court endeavor is in the public inter- clerks, with their compensation est and poses no actual con- 25 paid by BC Law. flicts. Professor Cassidy worked States Represented Cassidy calls the program with staff counsel at the Supreme a “win-win.” “It benefits the Judicial Court and the Ethics courts greatly in a time of need, Commission to allow the pro- 20 and also the students because gram to go forward. The only Countries Represented they are getting valuable judicial caveat: Judicial Fellows may not clerkship experience,” he says. work on any matters in which 22 Established last spring and cur- BC is a party. The Court controls Hold Advanced Degrees rently in its first year, the pro- all aspects of hiring. gram is sponsoring ten Judicial Following BC Law’s lead, sev- Fellows from the Class of 2010. eral other area law schools have 1 (+1) Each fellow earns $2,000 per established similar programs to Olympic Hockey Player month for the ten-month court assist the Massachusetts Superior (Olympic Triathlete- term spanning September 2010 Court. in-Training) to June 2011. The Law School —Jeri Zeder has offered to sponsor ten more 1 next year. Certified Fraud Examiner Paul Wagoner ’10 is one grad whose ambitions to clerk for the Superior Court were realized 1 through the program. “The Mas- Professional Actor sachusetts Superior Court gets a full range of civil and criminal 1 cases,” he says. “I get to observe Reared on Potato Farm the best attorneys in the state.” Wagoner assists his judges with their legal research, writing, and 1 motion and trial duties. Presidential Service Stephen Smith ’10 has his first Badge Holder assignment in Norfolk Superior Court. “The tenor of this court- 15 house is a wonderful blend of Number of LLMs, professionalism and camarade- Class of 2011 rie,” he writes in an email. “My workload has been a similar balance—always plenty to do, but ann carey

also with enough opportunities i s tock ph oto.com/ p enfold

6 BC Law magazine | fall / winter 2010 [ ] I n B rief BULLETIN BOARD

“International Criminal Justice in African Affairs” was the Search for New Dean Progresses subject of an October address by Roland Adjovi of Arcadia CANDIDATE INTERVIEWS ARE UNDERWAY University. He discussed the legal, institutional, and political influences on, in particular, ince the departure of effort advanced with the nam- The committee is now the cases of Hissène Habré Dean John Garvey for ing of a search committee and focused on the screening and and Omar el Bashir. Adjovi is S Catholic University of the hiring of a search firm. recruitment of candidates. academic director of Arcadia’s America last July, the search By the fall, the search com- Interviews with a number of Tanzania Programs and former for a new dean has made steady mittee, comprising eight BC applicants are expected to con- legal officer in the Registry of progress toward naming his Law faculty, two alumni, the tinue into February. the International Criminal Tribu- replacement by this spring. president of the Law Student For the job description, nal in Rwanda. Starting with a series of con- Association, the dean of the leadership statement, search versations initiated last summer Lynch School of Education, and committee membership list, Harn Yawnghwe, who was a by BC Provost and Dean of Garza, was convening bi-week- Witt/Kieffer website, provost voice for Aung San Suu Kyi dur- Faculties Cutberto Garza with ly with consultants from the updates, and other informa- ing her years of house arrest, faculty, staff, and alumni to dis- search firm Witt/Kieffer of Oak tion related to the search, visit made his case for his country’s cuss desirable dean attributes, Brook, Illinois. The alumni on the BC Law website at www. freedom at a lecture at BC Law aspirations for the Law School, the committee are John D. Han- bc.edu/schools/law/dean_ in November, a week before and potential candidates, the ify ’74 and Pratt N. Wiley ’06. search.html. her release. The son of Burma’s first president, who was ousted by a military coup, Yawnghwe keeps hope alive through the Oh Infamy! Democratic Voice of Burma, which makes daily broadcasts to or Don’t Get on the Wrong Side of the King his homeland, and as director of the Euro-Burma Office of the mong the recent acqui- owns copies of the first (1607), This infuriated Chief Justice European Union. sitions featured in last seventh (1708) and eighth Edward Coke and Parliament. Mario Lozada ’10 and Jessica fall’s Daniel R. Coquil- (1727) editions. King James secretly agreed with A Cassel ’11 won the Best Brief lette Rare Book Room exhibit The first edition ignited a Cowell’s definitions, but tried award at the National Latina/o was the sixth edition of John scandal and was banned by to placate Coke and Parliament Law Student Association Moot Cowell’s The Interpreter of King James in 1610. It seems by suppressing the book. Court Competition at Yale Law Words and Terms published Cowell got into trouble for Though banned for a time, School in October. in 1701. several of his definitions, espe- not all copies of the first edition Considered the most famous, cially “King,” “Parliament,” were destroyed, and the Inter- It was standing room only in and infamous, of the English “Prerogative,” and “Subsidy.” preter eventually came to be a Stuart classroom November law dictionaries, the Interpreter Cowell seemed to favor an considered the best law diction- 11 for what has grown into a appeared in eight editions from absolute monarch who was ary until Giles Jacob’s appeared popular annual presentation by 1607 to 1727. (BC Law also above the common law. in 1729. the BC Law Veteran’s Associa- tion. Four law students, dressed in uniform and representing the Army, Navy, and Marines, showed videos and told stories Having Their Sway about being a woman aboard a nuclear aircraft carrier, the rig- The influence of the BC Post-De- “It is crucial that govern- the commission determined ors of officer candidate school, portation Human Rights Project ment agents and courts begin that when a decision-making and combat tours in Iraq and continues to grow. An amicus to weigh the harms caused by process involves the potential Afghanistan. brief by the project helped lead such actions, especially when separation of a family, there to the Inter-American Commis- they concern long-term legal must be a hearing in which Diane Ravitch, research profession on Human Rights’ finding residents with families who are the judge accepts evidence sor of education at New York that US deportation policy often deported for very minor and applies a “balancing test” University, gave a presentation violates human rights because criminal offenses,” says Daniel whereby the destruction of in December on the subject of it fails to consider the adverse Kanstroom, project co-director. family life may be justified her book, The Death and Life impact of the destruction of In its decision on the case, only where there is a more of the Great American School families and the best interest of Wayne Smith and Hugo Arm- compelling need to protect System: How Testing and Choice the children of deportees. endariz et al. v. United States, the public order. Are Undermining Education.

www.bc.edu/lawalumni 7 [ I n B rief ] Sana Sheikh ’12

President, BC Public Interest Law Foundation; Coordinator, L e t t e r s Spring Break Immigration Trip; Vice President, South Asian Law Student Association; Chair, Law Student Association Diversity Committee; Founder and President, Sage Advice All judges at whatever BC Muslim Law Student Association; Former President, I have read the comprehen- level would be well guided Rutgers Muslim Student Association sive and poignant tribute to by O’Donnell’s approach to Justice John Paul Stevens the important role that judges WHAT DREW YOU TO THE LAW? (“The Last Mensch,” Spring/ serve in our society. I’ve always been interested in civil rights. I’d love to work in Summer 2010) by Michael Thank you for a fine pub- that field, though maybe not right away. You don’t see many O’Donnell ’04. He reviews lication. Muslim women working at law firms. If I worked in a firm, the justice’s contributions and Jerry Fitzgerald English ’63 it could change a lot of perceptions. offers an insightful approach Lindabury, McCormick, to the role of Justice Stevens Estabrook & Cooper you grew up in the u.s. did you always wear a head scarf? My family is Pakistani. We weren’t very religious, and I didn’t on our highest court. Summit, NJ start wearing a hijab, a Muslim head covering, until I was in O’Donnell’s personal advice ninth grade. It was right after 9/11 actually. A lot of people to the newly appointed Correction I knew were taking off their head scarves. There was such a Supreme Court Justice is suc- In “Seeing the Big Picture,” an negative perception of Islam. cinctly described in the last article about mentoring in the paragraph as follows: “Be a Spring/Summer 2010 issue, BUT YOU MADE A DIFFERENT DECISION. judge, not a philosopher-poet we incorrectly identified Judge My mother and sister and I all decided to start wearing it. I or culture warrior. Have a Margaret “Meg” Mahoney’s knew it would change perceptions, but how depended on me. sense of humor and be clever, leadership role at the Marico- I wanted to show people there were strong Muslim women. but not cute. Be solicitous pa Superior Court in Arizona. Nobody made me wear this—I chose it, and people who see me wearing it are also seeing me go to college, go to law of the litigants whose lives Mahoney presides over her school, pursue my own life. are affected by your deci- division of the court and over sions. Have the confidence all trials in her division, but WHAT DOES THE HIJAB SYMBOLIZE FOR YOU? to strike out on your own. the Presiding Judge of Marico- In Western society, it’s a way of showing people you are a Do not guide your wheels pa County Superior Court is Muslim. Initially, that’s why I started wearing it. Over time, into ruts, and make a stand Judge Norm Davis, who over- though, I felt like it made people try to get to know me bet- when you should. Persuade seers ninety-five or so Superior ter. They didn’t judge me based on what I looked like, but others. Allow yourself to be Court judges in the county, on who I was as a person. persuaded.” including Mahoney. I IMAGINE THERE HAVE BEEN TIMES IT’S DONE EXACTLY THE OPPOSITE. It was wearing the hijab that made me realize I wanted to advocate for people. In high school when I started wearing it, I got called names for the first time from classmates, and PILF Auction Moves to Fenway Park no one defended me. That was when I realized I needed to Bidders, auction items wanted gain people’s respect. If I’m going to advocate for anyone, I need to know how to do this for myself. The 23rd annual PILF auc- twice served in the Massa- AS AN UNDERGRADUATE AT RUTGERS, YOU BECAME THE FIRST AND tion will be held on March chusetts Attorney General’s ONLY WOMAN PRESIDENT OF THE NEARLY sixty-YEAR-OLD 24 from 6-9 p.m. at the EMC office. MUSLIM STUDENT ASSOCIATION. IT SOUNDS LIKE YOU’VE BEEN ABLE Club at Fenway Park. The At his law firm, the at- TO CHANGE PERCEPTIONS AMONG MUSLIMS TOO. sale helps fund public inter- torneys, summer associates, The best way to gain respect is to act in ways people respect. est summer stipends. The paralegals, and staff dedicat- When people see me working hard, having fun with friends, goal is $50,000 to be raised ed more than 150,000 hours pursuing a career, they see I’m not oppressed, I’m not dif- from items donated by alum- in 2008 and 2009 to pro ferent. When Muslim girls see a woman president of their ni and other members of the bono clients. They did ev- organization, they see the same things. Law School community. erything from transactional The new venue was select- work for nonprofits THIS YEAR, YOU FOUNDED THE MUSLIM LAW STUDENT ASSOCIA- ed to entice greater alumni to cases for individuals re- TION AT BC. WHAT HAS THAT BEEN LIKE? participation. ferred to them by non-profit There aren’t very many Muslims here, but I’ve had tremen- In addition to the live and legal service providers. dous support from BC Law. We share a lot of things with the silent auction, PILF will hon- To learn how you can Jesuit tradition. For example, we value community service. or John Montgomery ’75, contribute auction items, Here at BC, I find I tend to get even more respect when I tell managing partner of Ropes contact Kara Grubb at people I started wearing the hijab after 9/11. Muslims lost & Gray, for his public service. [email protected] people that day too. Terrorists hit my home. And I cried just Early in his career, he or at 865-936-2298. as hard.

—Interviewed by Cara Feinberg Jacob Silberberg ’12

8 BC Law magazine | fall / winter 2010 [ I n B rief ]

www.bc.edu/lawalumni 9 [ L e g al C urrents ] t r e n d s a n d t i m e l y i s s u e s

Breaking the Camel’s Back

WHY LAW FIRMS NEED TO CHANGE THE WAY THEY DO BUSINESS Th om ps on/agood s on.com M ic h elle

hink of a camel. Specifically, the $160,000 a year. This bi-modal salary begging for innovators to create new mod- two-humped Bactrian camel of the distribution is unstable, according to Wil- els of delivering, and charging for, legal TGobi desert. If you could trace liam D. Henderson, professor of law at services. Law firms that don’t adapt run those humps on a giant graph, you’d get a Indiana University, and it’s a sign that the the risk of losing to the innovators, he says, picture that resembles how new law school economics of law practice are changing. and law schools that don’t rethink their graduates are paid these days. “This is one of the periods when giants curricula risk graduating lawyers who are Salaries, it seems, are bunched in two fall,” he says. unprepared for the future. As Henderson clusters. The salaries of one large group Speaking at BC Law during Reunion explained to BC Law alumni, and as he peak at $40,000–$50,000 a year. The Weekend, Henderson, a legal empiricist elaborates in his scholarly writings, here’s salaries of another group, associates at specializing in the economics of the legal what’s going on: prestigious law firms, peak at $140,000– profession, argued that market realities are For decades, law firms have operated under the Cravath system, developed in the early twentieth century by Paul Cravath Law firms that don’t adapt to the changing legal of the New York firm, Cravath, Swaine & Moore, LLP. The system changed the marketplace run the risk of losing to the innovators, and law structure of law firms to the form we know schools that don’t rethink their curricula risk graduating today, in which firms hire associates from high ranking law schools and then put lawyers who are unprepared for the future. them through rigorous training programs (continued on page 46)

10 BC Law magazine | fall / winter 2010 [ L e g al C urrents ]

Oil and Water A Century of Sis, Boom…Bah!

BC analyzes spill’s impact SYMPOSIUM DISSECTS NCAA GOVERNANCE AT 100

s it did for the Alaska Oil Spill rian Miller is arguably BC’s best Commission after the Exxon Val- football recruit in the Class of 2011. Adez accident twenty-one years ago, BA gifted route-runner who blocks BC Law in November stepped into a like a bulldozer, the 6-foot-4, 235-pound research and advisory role in assessing the tight end hails from just up the road in impact of a massive oil spill. It did so in Andover, owns a 3.59 GPA, and inked his two ways. One, students submitted exten- commitment to the Eagles last spring. The sive legal memoranda and data analysis teen has the tools to make the next four to the National Commission on the BP years his best to date, but becoming a con- Deepwater Horizon Oil Spill and Offshore stituent of collegiate athletics’ 100-year-old Drilling. Second, the BC Environmental national governing body may impact his Affairs Law Review hosted a symposium, quality of life as much as any gridiron or “Learning from Disaster: Lessons for the classroom skill set he possesses. Future from the Gulf of Mexico.” Every Division I recruit’s first meaning- Led by Gregory Bradford ’11, project ful act as a scholarship athlete is to sign a coordinator for the BP commission report, series of releases, waivers, and agreements. and Gregory O’Brien ’12, president of One such document, currently the target of

the BC Environmental Law Society—and a class-action lawsuit, permits the NCAA p lunkert advised by Professor Zygmunt Plater—a to use the player’s image in promoting da v id team of nearly thirty students produced NCAA events and activities. Signees fur- memoranda on diverse topics for the com- ther agree their athletic scholarships consti- al School of Law Professor Nancy Hogs- mission investigating the Gulf spill. tute a one-year offer that must be annually head-Makar outlined a litany of ongoing Among the issues addressed were the renewed, an NCAA bylaw that is also now unfair practices by athletic departments availability and need for legal instruments being litigated in a class-action claim. Foot- seeking to demonstrate compliance under such as “reopener” damages clauses in ball commits like Miller come under the the Code of Federal Regulations and Office settlements between polluters, govern- mantle of the NCAA Bowl Championship for Civil Rights equal access requirements. ments, and private parties; and whether Series. Created to determine the annual “What we’re seeing is what I would particularly stringent regulatory measures like debarment should play a larger role in “ Right now, college athletics is an arms race and we’re preventing future offshore oil accidents. As the project leaders wrote in their introduc- feeding the arms-race beast.”— Pepperdine Law Professor Maureen Weston tion to the report: “The research agenda has encompassed a broad range of topics football national champion, the rankings characterize as cheating,” said Hogshead- in light of the likelihood that the factors system has already been the subject of Makar, a three-time Olympic gold-medal- leading up to the Deepwater Horizon oil Congressional hearings and may soon ist swimmer and Senior Director of Advo- spill were not isolated idiosyncrasies of undergo a Justice Department investiga- cacy for the Women’s Sports Foundation. operation and design by one corporation at tion to probe possible anti-trust violations. Two prominent examples include ath- one site—the Macondo MC 252 site—but These and other thorny legal issues letic departments reporting artificially high in many respects resulted from systemic raised by a collision of amateur athletics participation numbers for their women’s shortcomings and failures by industry and and the market forces of a multibillion-dol- sports programs, and what she termed the government.” Their findings were sub- lar undertaking were examined throughout “very common practice” of cutting women mitted to the national commission at the an all-day October 15 symposium at Bos- athletes after official participation filing beginning of November. ton College Law School. Eight presenters, dates. Meanwhile, the “Learning from Disas- including BC Law Professors Alfred Yen, The panel highlighted continuing obsta- ter” symposium November 12 brought Joseph Liu, and Richard Albert, delivered cles to Title IX enforcement, even after together environmental and energy law papers exploring legal perspectives on the July 2010 US District Court ruling in experts and scholars from around the student rights, equal access, academic stan- Biediger v. Quinnipiac University, which nation to comment on the BP spill. The dards, sports licensing, and antitrust and clarified the standard for “genuine var- keynote speaker was regular CNN guest constitutional law within the context of sity athletic participation opportunities.” Riki Ott, a marine toxicologist and Alaska NCAA governance. Panel moderator Debbie Corum, asso- fishing boat captain who has frequented During a session on gender equity in col- ciate commissioner of the Southeastern (continued on page 46) legiate athletics, panelist and Florida Coast- (continued on page 47)

www.bc.edu/lawalumni 11 It is a great honor to have “my name associated with this loan repayment assistance program and my law school. I have always believed that public service is the best service. It not only benefits the recipients, it benefits all of us because it is helping create an entire group of young people committed to making people live better, people who need someone on their side. It is a commitment that will stay with them forever.” —frank bellotti s ilberberg ’12 j acob the people’s lawyer As attorney general, Bellotti gave new meaning to the term ‘public servant’ By Jody Santos on a cold and clear october morning, Francis X. Bellotti ’52 sips coffee in his corner office at Arbella Insurance Group in Quincy and reminisces about the good old days of his political career. The former Massachusetts attorney general and three-time gubernatorial candidate is telling war stories from some of his more hard-fought campaigns. As a politician, he relied on the street smarts he’d gained as a youth in the 1930s, when he was often the lone Italian boy fighting off the Irish kids in his blue-collar Dorchester neighborhood. A bold and brash Italian, Bellotti was never the darling of the state Democratic Party, whose ranks were filled with so many Irish, a sham- rock would have been as appropriate a symbol for them as a donkey. Michael Bellotti, the second youngest of Frank’s twelve children, says his father had almost had no right to be in politics. “He had no real political pedigree,” he explains. As a result, Frank Bellotti had to fight tooth and nail for every one of his political victories. “He did it out of sheer will,” says Michael. In total, Bellotti ran for office nine times—once for district attorney, once for lieutenant governor, three times for governor, and four times for attorney general. He won four of those elections (three for attorney general and one for lieutenant governor). In perhaps his most notorious campaign, Bellotti became the nation’s first lieutenant governor to run against his own boss (then sitting Democratic Governor Endicott Peabody) in his first gubernatorial bid in 1964. Some people were so angry with Bellotti for challenging the state’s power base, they hurled beer cans and anti-Italian slurs at him during that year’s annual St. Patrick’s Day Parade in South Boston. There is fire in his eyes as Bellotti recounts these tales of triumph and defeat. The spark is doused only once—when the political warhorse turns misty-eyed as he recalls his 1986 decision to step down as attorney general after twelve years in office. Following his determination not to seek reelection, Bellotti attended a gathering of the nation’s attorneys general in Coeur d’Alene, Idaho. Then-Connecticut Attorney General Joe Lieberman and his wife, Hadassah, were there. In her characteristically direct manner, Hadassah asked Bellotti, “How does it feel, Frank, to leave?”

(clockwise from top) Belotti, center, shakes hands with supporters at a political rally for the AG’s race in 1966. Gubernatorial candidate Bellotti, left, debates John Volpe during the 1964 governor’s race. Bellotti and his wife Maggi with their twelve children; son Michael is seated in his sister’s lap on the far right. The athletic Bellotti stayed fit playing handball in 1970.

14 BC Law magazine | fall / winter 2010 “Well, I know it’s time for me to leave. I’m on top now. All Boston College Law School graduates.” I can do is go down,” Bellotti told her. “But the only thing that Marianne Lord, associate dean of BC Law’s Office of Institu- bothers me is that nothing I do ever again will affect the way tional Advancement, says the endowment will “put a rudder on people live like what I do now.” As Bellotti recounts this story, he this Law School’s ship that will steer it in a specific direction,” pauses and lets his words sink in. “That’s really the thing I miss,” helping those lawyers who otherwise couldn’t afford to stay in he says finally, welling up. And, without realizing it, he has just their jobs continue to help people most in need. In this way, the gift revealed the motivation behind those decades’ worth of battle will shore up the Jesuit mission of the University—vision, justice, scars: the idea that being a politician isn’t about politics at all. It’s and charity—that attracts so many students to the Law School in about having the power to affect people’s lives, to make decisions the first place. “It is no accident that so many people who worked for the greater good rather than for one’s own political gain. for Frank went to BC Law,” adds Catharine Wells, a BC Law pro- As attorney general, Bellotti often told his staff, “We work for fessor who worked in Bellotti’s Public Protection Bureau. “BC was the citizens of the Commonwealth.” He called himself and his turning out students who really wanted to serve the public, and we assistant attorneys general the “people’s lawyers” and took that still get students like that. It’s part of our reputation.” responsibility seriously, reorganizing the entire office so that it When asked when he first knew he wanted to be a lawyer, Bel- was geared as much toward protecting the public—with new anti- lotti has a hard time pinpointing a specific date or event, but as his trust, civil rights, and consumer protection divisions—as it was life unfolds during an interview with BC Law Magazine, it’s clear toward defending the government. And if Bellotti had to choose that he has always stood up for the underdog (which sometimes between the two, protecting the public or the government, he happened to be himself) and that early challenges inspired him often sided with the citizens. to make something of his life. Peter Bellotti, Frank’s father, was In one instance, in 1977, Bellotti defied the wishes of Mas- gassed during World War I and sent to live in a veterans’ hospital sachusetts officials and appealed a US District Court ruling that when Frank was just six months old. Peter would occasionally found a state veterans’ preference statute unconstitutional. The visit his wife and son during the summers, but he died when Frank statute was designed to promote public employment of military was sixteen. During a speech at the Massachusetts Democratic veterans, but the court ruled it discriminated against women, who Party Convention in 1986, Frank, an only child, recalled how his were not eligible for the draft. A US Navy veteran of World War single mother had to support the family in various government II, Bellotti felt strongly that it was in the Commonwealth’s best jobs “on the unequal pay that women earned.” Her struggles interest to keep the statute. He argued that as the state’s chief taught her son early on about the real-life consequences of dis-

“U nless I was in government or running, I was only like 70 percent alive.” —frank bellotti law officer, he had an obligation first to its citizens (in this case, crimination and the importance of legislation like the ERA (Equal the veterans)—even if it meant opposing his elected colleagues. Rights Amendment). “The values we learned then were the val- Ultimately, the Supreme Judicial Court of Massachusetts agreed, ues of human dignity and personal sacrifice,” Bellotti noted in upholding Bellotti’s right to appeal the lower court’s decision. his speech. “We learned that the government had to protect the “Frank was a champion of the little guy,” says Tom Kiley, a worker, the young, the elderly—the people.” prominent trial attorney in Boston who served as Bellotti’s first After high school, Bellotti joined the Navy, in 1942, and served assistant attorney general for ten years. “We wrote laws and overseas with the elite Scouts and Raiders, the forerunners of the created programs that…put the attorney general in the role of Navy Seals. When he returned from the war, he attended Tufts representing the people in a more direct way.” As an example, Bel- University, graduating in 1947, then worked as a lifeguard and lotti created insurance and utilities divisions to fight against higher swimming instructor in Florida, where he met his wife, Maggi. insurance premiums and rising public utility rates. “He established They married a year later and returned to New England, where a Civil Rights Division and wrote statutes that gave them some Bellotti worked as a lingerie and hosiery salesman before deciding real authority,” adds Kiley. to attend BC Law. Graduating in 1952, Bellotti was sixth in his “Frank went into politics because he loves people and stayed class of 145, which was quite an accomplishment considering he’d because it was a noble calling,” adds former Massachusetts Gov- had to juggle school and full-time work to support his growing ernor William Weld, a Bellotti protégé. family. Eventually, Bellotti started a law firm with a classmate and In honor of all of his years of public service, Arbella Insurance established himself as one of the area’s most go-to attorneys. Group, which Bellotti helped found in 1988, individuals on its His first bid for public office was in 1958, when he ran for board of directors, and people of long acquaintance made a $3 district attorney of Norfolk County, mostly as a way to get some million commitment to BC Law in January to establish the Francis free advertising for his law firm. “My initial reason for running X. Bellotti Loan Repayment and Forgiveness Program for alumni was that I could put up signs that said, ‘Attorney Francis X. Bel- working in low-paying, public-sector jobs. “A lot of us, myself lotti for District Attorney,’ so that everybody in Norfolk County included, feel that Frank has built a wonderful legacy, being both would know that I was a lawyer,” Bellotti explains. Running in an an excellent lawyer and an excellent lawyer committed to protect- overwhelmingly Republican district, he lost that race by 19,000 ing people and working in the public service,” says Arbella CEO votes, but he acquired a taste for politics that, over time, would John Donohue. “We thought it was important to tell that story to evolve into a voracious appetite. (continued on page 47)

www.bc.edu/lawalumni 15

great cases Facing Down the Phalanx

16 BC Law magazine | spring / summer 2010

Facing Down the Phalanx The mastermind of a landmark defense for the mutual fund industry, John Donovan ’81 outflanked deep-pocketed plaintiffs, sidestepped a world economic climate blunting his cause, and won over the US Supreme Court by chad konecky

ohn Donovan’s half-hour visit to one of the loneliest spots on the planet—the lectern facing the bench inside the Supreme Court of the United States—was booked eleven years before his arrival. On the Monday before Thanks- giving in 1998, a posse of contingency-fee trial lawyers gotJ rich when the nation’s four biggest tobacco manufacturers sat in a Manhattan conference room and signed a $206 billion Master Settlement Agreement with forty-six states. Big Tobacco has never been the same and, in some ways, neither has tort law. It took almost a decade, but a subset of those multi-millionaire tobacco litigators eventually got traction assailing a new target, the mutual fund industry. Two of the resulting defendants, Har- ris Associates and Ameriprise Financial, are Donovan’s clients at Ropes & Gray in Boston. And so begins our story. The point of attack: the fees charged by mutual fund investment managers, which are administered by independent directors of the various mutual fund complexes. At issue? The limits of the judiciary’s role in deciding claims against such fees as excessive under Section 36(b) of the Investment Company Act of 1940. The standard, set by the US Second Circuit Court of Appeals in Gartenberg v. Merrill Lynch in 1982, is relatively clear. Courts should not be authorized to re-examine fees set by independent directors, who exercise expert knowledge of the marketplace and are bound by fiduciary duty in so doing. The burden of proof, as a result, falls upon plaintiffs to demonstrate a fee is “so disproportionately large that it bears no reasonable relationship to the services rendered and could not have been the product of arm’s-length bargaining.” In 2004, plaintiffs’ lawyers brought twelve cases in separate jurisdictions with nearly verbatim complaints. The idea was to

p ott s punch a hole somewhere on the litigation map, then use that open-

andy ing as a new route to fee challenges.

www.bc.edu/lawalumni 17 great cases

The plan was far from ill-conceived. Since Gartenberg, the to say, ‘There must be a disputed issue of fact here somewhere.’” mutual fund business had exploded into a $13 trillion industry But Donovan, fifty-six, remained confident. Both sides agreed and 80 percent of American families had become fund owners. on the standard. And he considered Gartenberg tough to meet. In In addition to being asset-based, meaning they rise as a portfolio four previous trials under 36(b) since the 1982 ruling, no plaintiff grows, mutual fund fees are also several times higher than those had demonstrated a fee was outside the realm of what could have of most other funds. been fairly bargained. More to the point, the 2004 suits were brought by a new breed At the district court level, Donovan rewarded his clients’ faith of plaintiffs’ lawyers, adversaries who were well-capitalized and by securing a pair of summary judgments—the first two in 36(b) single-minded in their motivations. Most defendants didn’t want case history—whereby the court agreed that shareholders had to test their resolve. Eight cases settled. Two are still pending. not raised a triable issue of fact under the applicable standard set Donovan’s clients bit the bullet and confronted the plaintiffs on forth in Gartenberg. It was a body blow to the guys seeking more the merits. legal challenges to fund-management fees. The task was tailor-made for the Wayland resident and Hub On appeal in May of 2008, however, things got weird. native. Donovan’s entire thirty-year run at Ropes is as a business Plaintiffs’ attorneys reversed field and urged the court to litigator. Considerable digging also unearths the nugget that he’s throw out Gartenberg, arguing that the standard was too high for argued more appeals than any oth- complainants to meet and therefore er lawyer at the firm. He’s suited failed to discourage excessive fees. A up in almost every federal appellate Seventh Circuit panel unanimously court and those of many states. It affirmed for Donovan and his clients, takes a mere half-minute to deduce but snapped off a nasty curveball in that he possesses a powerful legal the process, rejecting Gartenberg and mind reinforced by boundless pas- applying alternate reasoning in an sion for his craft. opinion by Judge Frank Easterbrook. Donovan was clearly the right When plaintiffs filed a petition guy. What he didn’t know, howev- for a rehearing en banc, the Seventh er, was that the securities industry Circuit declined in August 2008 by landscape was about to become as way of a 5-5 split, with Judge Rich- formidable as his opponents. ard Posner penning a sharp-tongued dissent. Suddenly, a modestly Tactical Maneuvers noteworthy district court decision In the case against Donovan’s Chi- affirming a decades-old standard cago-based client, Jones v. Harris morphed into a securities-litigation Associates L.P., the plaintiffs’ com- lightning rod that seemed destined plaint was two-tiered. First, that for review by the Supreme Court. mutual fund fees were unreasonably “Not only did we have a split high. Second, because they were between circuits (the Second, which so much higher by comparison to authored the Gartenberg standard, other investment advisory charges, and the Seventh), but we had a split the disparity was dispositive. within the Seventh Circuit,” says For the past decade, a flood of Donovan. “And within that second small investors to the market plus split, you have Judge Posner calling growth in overall assets due to performance have combined to Judge Easterbrook’s economic argument ‘airy speculation.’” expand mutual fund holdings exponentially. As assets grow, so The Supreme Court granted certiorari in March 2009 with oral do the associated fees. Plaintiffs argued the fees hike was dispro- arguments set for its October term. But the dramatic tension had portionate to the cost of management, and that proving it simply been incalculably amplified by a single, sea-changing detail. In the required comparing mutual fund fees to those associated with interim between the ruling by the Seventh and the Court granting similarly managed institutional accounts, like a pension fund. cert to the plaintiffs, a world economic meltdown had unfolded. The crux of the plaintiffs’ case was that Harris Associates’ fund fees violated Gartenberg. And they emptied both barrels Basic Training trying to prove it. Plaintiffs’ attorneys chewed up two years in Even Daniel Webster, who argued more than 300 cases as a discovery, deposing every trustee and half the officers at Harris in member of the Supreme Court Bar during the nineteenth century, addition to collecting a truckload of firm documents and assem- surely sweated the minutia of his pre-trial prep work. For Dono- bling a phalanx of expert witnesses. van, the father of two daughters, both recent college graduates, it “Most defense lawyers figured you couldn’t get summary judg- required going back to law school, in a manner of speaking. ment in these cases,” recalls Donovan. “If the other side had collect- Tucked inside McDonough Hall at the Georgetown University ed that many documents, taken that many depositions, and hoarded Law Center, there sits a precise scale model of the US Supreme that many experts, when you pile that in front of a judge, he’s going Court. Remarkably, the school’s Supreme Court Institute Moot

18 BC Law magazine | fall / winter 2010 A new breed of plaintiffs’ lawyers, adversaries who were well-capitalized and single-minded, brought the cases. Eight cases settled. Two are still pending. Donovan’s clients bit the bullet and confronted the plaintiffs on the merits.

Court Program argues better than 90 percent of all cases granted Counting to Five cert in a given term. Due to confidentiality concerns, only one side Donovan’s day in court came on November 2, 2009. Just over a of each case is mooted and requests are honored on a first-come, year earlier, Lehman Brothers collapsed and the global economy first-served basis. Donovan called Georgetown on speed-dial. began to unravel. “They bring in boutique practitioners from the Supreme Court “We were worried about the atmospherics,” admits Donovan. appellate bar and a professor or two to serve as justices,” explains “There was a clamor for more financial regulation and a public Donovan. “The US Chamber of Commerce was also kind enough distress about the size of Wall Street compensation. This case was to put together a moot court for me. Between those two sessions, about whether there would be greater regulation of the mutual the lawyers who served as my mock justices had a combined 120 fund industry and, in particular, the compensation of manage- arguments between them before the Court. They made a piñata ment. It wasn’t the best time to be in our position.” out of me for two hours apiece.” On the morning of arguments, Donovan awoke and flipped on Donovan endured a third moot court at his firm’s Boston Bloomberg Business Television just in time to see Jack Bogle, the office with the former head of Ropes’ investment management founder of The Vanguard Group, editorialize that the Supreme practice, Greg Sheehan, presiding along with Harvard Law Pro- Court needed to side with greater regulation of mutual funds. fessor John Coates and BC Law Professor Kent Greenfield, who Donovan clicked off the hotel TV and grabbed the New York clerked for Justice David Souter. Times outside his door, only to discover the lead Op-Ed piece “The job of counsel is a tough one in business law cases before echoing Bogle’s sentiments. the Supreme Court,” says Greenfield. “You have to be sophis- “I said to myself, ‘This is not a good omen,’” he recalls. ticated enough in your argument to capture the nuances of law, Not to mention, it wasn’t as if Gartenberg were rock solid. but clear enough to capture the justices’ attention. I’m not sure Even Justice Samuel Alito’s opinion four months later conceded John’s side had the strongest argument and that’s probably why the standard “may lack sharp legal clarity.” he thought we were beating up on him in mooting it. But he had In Gartenberg, the Second Circuit set the test for breach of a clear proposal that was eminently reasonable and sounded like a fund manager’s “fiduciary duty with respect to the receipt of something the court would easily adopt, which speaks to his ability compensation” by focusing on the size of a fee and whether the to make an argument seem stronger than it deserved to appear.” amount could have been fairly bargained. The Seventh Circuit The trio of mock trials produced more than a trip to DC and panel reasoned that “fiduciary duty” within the context of 36(b) a chance for Donovan to connect with a professor from his alma meant something other than disproportionate fee size. Instead, it mater. As unlikely as it may seem, he was not asked a question by held that fiduciary duty referred to the conduct of a fund manager any of the nine justices during the thirty minutes of argument allot- in negotiating a fee and that only deceptive conduct in negotiated to the respondent that he had not already fielded in moot court. tions would constitute a breach. “For most lawyers, to argue before the Supreme Court is a Donovan’s aim, of course, was to persuade the Court to vacate once-in-a-career kind of thing,” he says. “I was lucky enough that and remand that new approach, thereby affirming the Gartenberg my case got taken up. It was a lot of work by a lot of people, a lot standard, which was the basis of the district court summary judg- of preparation and a lot of fun.” ment in 2007. The methodology was the same as every other case Not to mention, plenty political. A week after cert was argued before the Supreme Court: Find five justices who agree. granted, Donovan got a call from the SEC. The commission was “We had to come up with a mode of analysis that fit the stat- preparing to file an amicus brief—as is customary in securities ute and would drive people to agree with us in this environment,” industry cases—and would solicit both petitioner and respondent explains Donovan. “The statute, by its terms, commands fund before taking sides in the argument. directors to ask for and for fund managers to give all material “There I was again, this time with eighteen SEC lawyers pep- information bearing upon a fee. For example, [fund managers] pering me with questions for two hours,” recalls Donovan. “It have to provide profitability information during fee negotiations. was, in a way, great preparation for argument and, of course, I If you’re buying a house, the seller doesn’t have to tell you how wanted them to be on the respondents’ side in their brief.” much profit he’s going to make on the deal. You negotiate with- Donovan didn’t mince words. “I said to them, ‘You guys have out that information and you’re still considered to be at arm’s essentially adopted Gartenberg in your public commentary and length. The statute appoints independent fund directors as watch- regulations. You have imposed Gartenberg. You would have no dogs and does it for good reason.” credibility if you turn away from that position now.’” When the While Donovan’s strategy seemed sensible, he was doubling SEC weighed in, the brief argued that Gartenberg should remain down on a standard tied to legislative history, which the current the rule of law. Court tends to view as, well, a discredited mode of analysis.

www.bc.edu/lawalumni 19 great cases

“The Court is populated by textualists, who say you don’t need Ultimately, the court agreed that a breach of “fiduciary duty” legislative history, you look at the text and see what that means,” can only be triggered by a disproportionately large fee structure, says Donovan. “But how do you pour the meaning behind dispro- and that the size of mutual fund fees relative to other funds reflects portionate fee size into the words ‘fiduciary duty’ when fiduciary disparate services, not market inefficiencies. But Donovan didn’t has different meanings in multiple contexts?” induce five or seven to concur. The court was unanimous in affirm- The solution derived from good, old-fashioned casework. ing that the “duty” in Section 36(b) is explicitly tied to “receipt of “The level of research we did was unbelievable,” says Dono- compensation,” so shareholders have no grounds for a fee chal- van. “We had lawyers reading cases on fiduciary duty going back lenge if the negotiation process may have been imperfect, but the to Runnymede.” resulting fund-manager fees are not disproportionately large. Pitching a 9-0 shutout in the biggest of the big leagues failed to end game leave Donovan with any desire to develop a new specialization. Donovan’s team identified a 1939 ruling in Pepper v. Linton as “Are you kidding? I’m retiring from Supreme Court advocacy.” the last time the court discussed the concept of fiduciary duty—in Be that as it may, pages still need turning in the Jones v. Har- that case, within an analogous bankruptcy context. The court held ris saga. At press time, the Seventh Circuit had yet to produce a that the test of a fiduciary’s transaction is whether it has the “ear- finding after the Supreme Court whitewash to vacate and remand. marks of arm’s-length bargaining.” But the fate of Gallus v. Ameriprise, an Eighth Circuit case against Essentially, Donovan chose to argue that judges shouldn’t be in Donovan’s Minnesota client in which the court also departed the business of setting fees or second-guessing the people who do. from Gartenberg, offers some insight. “Section 36(b) puts the burden on the plaintiff,” says Dono- Since the standard that should apply under 36(b) was at issue, van. “Ordinarily, a fiduciary has to justify his conduct and the Supreme Court granted cert in Gallus as well, then vacated demonstrate his transaction has the ‘earmarks.’ So, we argued, and remanded on the heels of its Harris decision. The Eighth ‘Gartenberg is just Pepper v. Linton upside down.’ The burden is Circuit promptly sent Gallus back to district court to determine on the plaintiff to show a transaction doesn’t have the ‘earmarks,’ if the Supreme Court ruling in Harris required modification of and the fee is therefore ‘so disproportionately large …’ et cetera.” the circuit’s Gallus reasoning. This past fall, Donovan argued for While the case law navigated throughout Jones v. Harris was Gartenberg as the only applicable standard before a Minnesota compelling, the theater inside the chambers produced plenty of District Court, and in December, the court reinstated summary made-for-television moments. Like, daytime TV. judgment, confirming its original opinion and rejecting the plain- For starters, Donovan was briefly confounded by the curvature tiffs’ claim. of the bench, which left some justices beyond his peripheral vision Should Gartenberg be universally affirmed as the standard, as if he turned to address a questioner on either end. is expected, one question remains: What is the impact of its sur- “You’ve got to be thinking of the answer and also why they’re vival? Beneficial, says Donovan. Without reservation. asking it,” explains Donovan. “Sometimes they pose questions for He points out that mutual fund fees in the US are the lowest one another, so you sort of have to back up and make sure you’re in the world, while the US industry is the world’s largest—hardly seeing them all when you answer.” The gap between mutual fund fees and non-mutual fund fees indicative of a system begging for reform. And just because plain- dominated the argument, and the justices asked about it extensively. tiffs are winless in fee-challenge litigation doesn’t mean there is no “Justice [Stephen] Breyer asked, ‘Why isn’t that something to reasonable route to a remedy. For one thing, shareholders can still look at?’ and I said, ‘It may be, but the plaintiffs would make fee vote with their feet and shop for more favorable fees. Secondly, comparison dispositive.’” the risks to defendants in such cases are so great, that many end in At another point during the proceedings, Justice Sonia Soto- settlements, which carry a broader effect. mayor asked Donovan point blank: “So, you don’t endorse the Alternatively, the absence of an up-front test to dismiss merit- Seventh Circuit?” less cases would produce a violent uptick in fee litigation, the cost “I think the audience was gasping on that one, let alone me,” of which would be passed on to investors and, eventually, cause recalls Donovan. (He chose a point-blank answer: “No.”) contraction in the industry, which would limit investors’ choices. Brevity was the order of the day. In thirty minutes at the lectern, “There are 13 trillion dollars in assets under management and Donovan responded to fifty-four questions from seven justices. the average fee is 1 percent,” says Donovan. “That makes $130 “It becomes clear in that courtroom that you’re expected to billion in fees. If you move that around by, say, 10 percent, that’s answer a justice’s question in the first half of your first sentence,” 13 billion dollars. That’s big bucks for the industry. So, every time says Donovan’s Ropes colleague Rob Skinner, a partner in the a plaintiff gets to say, your fee is too high, the entire industry—not firm’s litigation group. “They don’t want any buildup or depen- just the individual fund—is at risk for a massive shift in economics. dent clauses. That required John to significantly retool his argu- “What exists is the fund director as the independent watchdog ment style for this ping-pong kind of forum. for the shareholders. The court acknowledged the degree of defer- “What struck me is that by the end of the half-hour, the justices ence that directors who do their job should be accorded is high.” were sitting back and listening. The last five minutes of argument, Dutifully noted. he was basically unmolested. I think they realized that if they let him talk, he might give them something that would help them in Chad Konecky is a regular freelance contributor to this magazine writing the decision.” and a program manager for ESPN.

20 BC Law magazine | fall / winter 2010

for the record

dooley kenealy drinan huber coquillette soifer garvey

o paint the picture of Boston by the norms of their day—women didn’t College Law School in broad histor- attend law school in 1929, the year BC tic strokes is to reveal an institution Law opened, for instance—their forward propelled into the upper echelon of Amer- momentum rarely faltered. They created ican law schools by an enduring mission a law school known for producing, as and an ever-evolving sense of purpose. Professor Frank Garcia recently put it, Looking more closely at the canvas, “the kinds of lawyers everyone dreams what emerges are the faces of the seven about: men and women of high ethical long-term deans whose char- standards who want to lead acter and ambitions shaped a brief meaningful lives, who offer everything from student life to service and leadership in their faculty quality to classroom history communities, and who never space to national reputation. lose sight of the role of justice The deans may have differed of seven in all aspects of their profes- in their personal styles and sional lives.” deans leadership interests, but they Now, just one year into shared a determination to and their its eighth decade, BC Law is push BC Law to its capacity a school in transition. Dean in the many ways that make seven John H. Garvey left in July a law school great: student 2010 to assume the presi- excellence, faculty distinc- busy dency of Catholic University tion, programmatic achieve- and a search for his successor decades ment, and cultural inclusiv- is underway.

ity, to name a few. Limited by vicki sanders It’s time to take the mea- though they may have been sure of the deans’ legacy.

www.bc.edu/lawalumni 21 dennis a. dooley they were restricted to the second and third years. Fifty percent of Dooley’s first law class quit or flunked, according to Boston 1929-1936 College Law School After Fifty Years: An Informal History, Tireless, creative risk-taker 1929-1979 by Todd F. Simon ’80. Still, Dooley’s sure hand paid off in 1932, when BC Dean Dennis Dooley was a persuasive, thirty-nine-year-old graduated its first twenty-eight law students and earned the whose marketing savvy was central to the successful launch American Bar Association’s “Class A” rating. Dooley had of Boston College Law School in 1929. The energy and moved swiftly to increase the number of full-time faculty to administrative versatility for which he was known served him four in order to qualify for ABA approval. By doing so in record well in the seven roller-coaster years of his deanship. time, he earned Boston College the distinction of being the first Just for starters, between the time Boston College announced to receive the rating within three years of admitting students. He the formation of a law school and the ringing of the opening led the Law School to another milestone in 1936, when Harold bell on September 26, Dooley had four months to find a A. Stevens became the first black graduate. building, set up a library, launch a public relations campaign, Dooley resigned later that year and was appointed state recruit students, and hire faculty. He was masterful. Nearly librarian by Governor James M. Curley. There followed a 700 students applied; 54 were admitted to the day school, 47 succession of deans who served one-year terms: Cornelius J. to the evening division. Prominent practicing attorneys and one Moynihan, William J. O’Keefe, and Henry Foley. full-time faculty signed on to teach. The Law School took up residence in the spiffy Lawyer’s Building at 11 Beacon Street in downtown Boston. Two thousand volumes filled the library william j. kenealy, sj shelves. Day students forked over $200 for annual tuition; night students paid $150. 1939-1956 A month later, the stock market crashed. Scholarly, energetic diplomat Again, Dooley swung into action, replacing the original two- step payment plan with a pay-as-you-go policy. He occasionally Father William Kenealy was reputed to have honed persuasive invited students to dinner at his house to make sure they got a argument into a polished tool. That ability, together with his good meal. Throughout the Depression-era 1930s, enrollment tact and brilliance—he held five degrees—endeared him to the somehow remained stable and first-year classes stayed full. University administration and BC Law faculty. Dooley, too, remained steadfast in his insistence on high The law school Kenealy inherited was quite different from academic standards. The three-year curriculum was rigid: of the one of Dooley’s day. By 1939, it was the nation’s thirteenth the twenty-nine courses offered, only three were elective, and largest with an enrollment of 382 and was ensconced in the

1929 1941 1954 Boston College Women are The $1.2 million opens its law admitted. The St. Thomas school in the first to gradu- More Hall on tony Lawyer’s ate is Mary the BC campus Building at 11 Butler Becker, becomes the Beacon Street in 1944. Law School’s in Boston. first permanent home.

1937 1949 BC Law moves BCLS celebrates to the New its 20th An- England Power niversary at the building at 441 Copley Plaza Stuart Street Hotel; among and becomes the dignitaries a member of speaking is AALS. Massachusetts Governor Paul Dever.

22 BC Law magazine | fall / winter 2010 New England Power Building at 441 Stuart Street in Boston. It changing legal world,” according to After Fifty Years. Kenealy had become a member of American Association of Law Schools, made notable faculty hires, among them Wendell F. Grimes, and its library housed 20,000 volumes. for whom the moot court program would eventually be named, To Kenealy’s discerning eye, there was still much to do. He and launched BC Law’s first review, the Annual Survey of expanded the faculty and administrative staff and brought the Massachusetts Law. Alumni Association closer into the fold. Efforts to diversify the Nothing during Kenealy’s tenure, however, required more of student body and enhance the Law School’s national standing his powers of persuasion than the move to the BC campus. He were paying off. Students came from distant home towns and a handled the University politics, real estate issues, and financial broadening base of colleges and universities, to the extent that logistics with a diplomat’s consummate skill. On September 27, in the 1939-1940 session, BC graduates numbered less than half 1954, the $1.25 million, state-of-the-art St. Thomas More Hall of all students. Even more momentous was the decision in 1940 became BC Law’s home. to admit women. The first to graduate was Mary Butler Becker, in 1944. The crisis of the Kenealy years was World War II. Student robert f. drinan, sj and faculty size plummeted as the men went off to war; enrollment in 1942 was a scant thirty-eight. Even Kenealy took 1956-1970 a leave to serve as a Navy chaplain. A skeleton crew struggled Indefatigable, fearless advocate to keep the Law School open. Professor William J. O’Keefe recalled that period in a 1954 issue of the BC Alumni News: Father Robert Drinan was a powerhouse, an electrifying public “We never knew from one day to the next how long we were speaker and tireless worker who is credited with putting BC going to keep going.” Law School on the path to national recognition. During his In 1945, the Law School made an ill-timed move to smaller years as dean, wrote Todd Simon in After Fifty Years, “Father quarters in the Kimball Building at 18 Tremont Street. With Drinan was the most visible and outspoken legal educator in the war essentially over, enrollment suddenly jumped to 250; America.” four years later, it reached 697. Not only was the Law School The admissions process was modernized by the introduction squeezed for space, it also needed to accommodate a new breed of the LSAT as a qualifier. Drinan implemented unprecedented of student, one who was battle-wise and in a big hurry to get a recruiting plans for students and faculty, doubling the number of law degree and change the world. universities represented in the student body and increasing full- The pressure was on and Kenealy responded. A mission was time faculty from twelve to twenty-three. Twelve Presidential articulated: “to stress public service as a distinguishing feature” Scholarships were given out annually to attract bright students. and “to be active in shaping, defining, and interpreting the He initiated an informal program to entice women and blacks

Circa 1964 1958 Order of the Professor James Coif inductees Smith teaches when BC his Torts class. becomes the first Jesuit law school to be granted a chapter.

1954 1959 The Hotel The Law Statler is host School Bul- to a huge 25th letin contains Anniversary information banquet. on admissions requirements and course descriptions.

www.bc.edu/lawalumni 23 to enroll. He also introduced strenuous courses and policies that richard g. huber challenged students to live up to high academic standards. National stature wouldn’t come without a reputation for 1970-1985 scholarship, Drinan knew, and he took up the challenge on Insightful, compassionate leader several fronts. In 1964, BC Law became the first Jesuit law school granted a chapter in the Order of the Coif, an honorary Richard Huber may be best remembered—and loved to this scholastic society. In 1959, the Boston College Industrial day—for his people skills. “Dick’s unique contribution was and Commercial Law Review (later, the Boston College internal,” says Sharon Hamby O’Connor, BC Law librarian Law Review) launched, followed in 1963 by the Uniform from 1979 to 2002. “He had a remarkable ability to find Commercial Code Reporter-Digest, and in 1967 by the Family the best in people without being unaware of their foibles, to Law Quarterly, with Drinan himself as editor-in-chief. He hired bring out the best in a person without being paternalistic.” He full-time faculty astutely, bringing in the first woman, Mary fostered a culture of collegiality among faculty and between Ann Glendon, and others like Hugh Ault, Sanford Katz, Hiller Zobel, and Peter Donovan, all of whom rewarded him with faculty and students that became ingrained and remains one of distinguished scholarly output. Incentives in the form of salary the Law School’s hallmarks. raises, summer research grants, and research assistants further That said, Huber was also outward-facing. As president encouraged faculty productivity. of the Association of American Law Schools, he raised Controversially, Drinan ended the night school, accepting awareness of BC Law and used that reputation to recruit ever- the last evening class in 1963. With that decision, BC Law better students and faculty. He positively affected minority began in earnest to shed its regional image. admissions nationwide as head of the Council of Legal As luck would have it, Drinan, a Jesuit learned in the Education Opportunity. In 1977, he hired the Law School’s first traditions of service and peaceful coexistence, presided over the full-time black professor, 1974 graduate Ruth-Arlene Howe. Law School during the tumultuous 1960s, a period of activism The Black American, Asian American, and Latin American law fueled by the civil rights movement and Vietnam War. In the students associations formed. By 1980, enrollment of women spirit of those times, the National Consumer Law Center was was almost 40 percent, minorities nearly 15 percent. founded under William Willier, as was a chapter of the Civil Huber’s leadership was steady and sure and the Law Rights Research Council. In 1968, the seminal Boston College School grew and improved significantly under his direction. Legal Assistance Bureau debuted, becoming the cornerstone of He introduced the first joint degree program at BC Law in the Law School’s respected clinical education program. collaboration with the business school and poured resources When Drinan was elected to the US House of Representatives into clinical programs and courses. Journals proliferated; in 1970, he left a school committed to public service and poised the Environmental Affairs Law Review, International and to become a national contender. Comparative Law Review, and Third World Law Journal

Circa 1976 1969 One of BC Fred Halstrom, Law’s most left, and Fred famous sons, Hopengarten Senator on the hot John Kerry, seat during graduates. a Moot Court competition.

1968 1975 The BC Legal BC Law moves Assistance to the leafy Bureau is 40-acre Newton founded campus. and opens in Waltham.

24 BC Law magazine | fall / winter 2010 commenced publication in the late 1970s. Faculty size grew by The Law School’s fifth long-term dean had the good fortune eight between 1970 and 1979 alone, and slots were created for to be on the job during the financial resurgence of the University a director of alumni relations and a director of admissions and under Boston College President J. Donald Monan, SJ, who financial aid. The Grimes Moot Court team won the national supported his ambitious plans to modernize. Coquillette recalls championship in 1973. Monan’s challenge: “You build the development side and we’ll Like Kenealy before him, Huber managed a game-changing give you the resources to put up two buildings.” move of the Law School, this one in 1975 from More Hall to the Administratively, Coquillette transformed BC Law from forty-acre campus of the Newton College of the Sacred Heart. an outmoded operation where a few secretaries worked on Hugh Ault, a professor at BC Law since 1968, recalled the event typewriters into a modern, computerized institution run by as both “symbolic and substantive.” what he calls a “dream team” of professional administrators. When Daniel Coquillette arrived as dean ten years later, he As part of that, he established Barat House, the Law School’s inherited a Law School that was as promising outwardly as it alumni and development center, and staffed it with three was inwardly, thanks to Huber’s generous nature. “It was the positions. Representative of the new emphasis on engaging happiest law school I’d ever seen,” Coquillette said. alumni, the Black Alumni Network formed in 1985 and BC Law Magazine began publication in 1992. Coquillette made symbolic changes as well; he moved admissions to the front of the main building, Stuart House, and provided more spacious daniel r. coquillette quarters for career services. 1985-1993 Simultaneously, he oversaw the permitting and planning processes to build a $16.4 million library and a $12.4 million Productive administrator and scholar classroom and office building. As busy as those tasks kept him, Coquillete also added luster A legal historian with experience as a litigator managing teams to the academic side of the house, publishing three books while of attorneys, Daniel Coquillette approached his new job with a dean, backing improvements to the legal reasoning, research, pragmatist’s zeal. Yes, the Law School had an enviable home on and writing program, and extending parity to clinical faculty the Newton campus, but, as he remembers things, “it looked for research support. He launched the semester abroad program like a junior college, not a law school.” The place required with King’s College of the University of London. Faculty renovation and some structures needed replacement to meet the hired during his tenure continue to bring distinction to BC steady demand for more classrooms, offices, and library space. Law for their work in immigration, emerging enterprises, tax, Further, BC Law was getting too big and its operations too bankruptcy, and juvenile advocacy, among other specialties. complex for the minimal administrative staff he inherited. Himself a Quaker, Coquillette heartily upheld Boston Coquillette had some fundraising to do. College’s moral traditions and strove to hire Jesuit faculty

1985 1994 Charles Walker, Reunions such Ruth-Arlene as this one Howe, and have become Wilbur Edwards a popular five- Jr. attend the year ritual for 10th Anniversary alumni. of the Black Alumni Network.

Circa 1992 1985 Boston College Many faculty Law School in place in Magazine the mid-1980s publishes its still teach at first edition. the Law School.

www.bc.edu/lawalumni 25 and staff. “I think the religious heritage is one of the School’s James Champy. Soifer also established the Public Service greatest strengths,” he said. Scholars Program and increased allocations from the Law Coquillette has remained on the faculty since stepping down School Fund to pay for Public Interest Law Foundation (PILF) as dean and been honored for his contributions with a coveted J. summer stipends. In 1995, the Juvenile Rights Advocacy Project Donald Monan, SJ, professorship. formed under Francine Sherman; Soifer gave her a leave from teaching and introduced her to big names in the field of juvenile law to help get the project on its feet. aviam soifer It also fell to Soifer to bring to fruition the building plans so carefully laid by Daniel Coquillette. In 1996, BC Law unveiled 1993-1998 the technically advanced, four-story library, a repository of 350,000 volumes, computer centers, a research lab, and the Passionate, thoughtful social justice advocate Daniel R. Coquillette Rare Book Room. By the time Soifer There were a few more years to go—and strides for the Law handed the reins over to interim dean James S. Rogers in 1998, School to take—before the turn of the century. Aviam Soifer construction was underway on the East Wing. It houses a state- kept BC Law School on its trajectory. Entering students’ median of-the-art Career Resources Center, classrooms, faculty and GPA and LSAT numbers were now routinely around 3.5 and student organization offices, and, most fittingly given Soifer’s 163, respectively, and applications were well over 4,000 for the interests, the Mary Daly Curtin and John J. Curtin Jr. Center for 260 or so seats. Public Interest Law. An expert in constitutional law and legal history, Soifer brought scholarly gravitas to BC Law and impressive connections within the national legal community. He used john h. garvey both to attract first-rate faculty in the fields of business, legal history, ethics, and clinical specialties and to keep the Law 1999-2010 School’s name front and center in national rankings. A leader Measured, effective institution-builder in the caring tradition of Richard Huber, Soifer fostered an atmosphere of inclusivity and collegiality and was appreciated It is not surprising that midway through the deanship of for his warmth and mentoring of young faculty. John Garvey, a thinker steeped in the Catholic intellectual Putting the law to work in the service of others was an tradition, the Law School produced its first strategic plan whose abiding passion. And affordability, especially for students frontispiece is a mission statement that reads, in part: “Boston interested in pursuing public interest careers, was a priority College and its law school are rooted in the Jesuit tradition of for Soifer, who jumpstarted the Loan Repayment Assistance service to God and others. In that tradition, we believe that the Program with the help of a task force headed by alumni leader purpose of higher education is both the search for knowledge,

Circa 1996 1999 1995 The Daniel R. The Mary Daly The 4-story, Coquillette Curtin and $16.4 million Rare Book John J. Curtin library under Room in the Jr. Center for construction. library is named Public Interest for its primary Law is dedicated. benefactor.

1995 Nuremberg prosecutors attend the Owen M. Kupferschmid Holocaust and Human Rights Project conference.

26 BC Law magazine | fall / winter 2010 and the preparation of women and men who are moved to a was overhauled to create more meaningful involvement of alumni constructive, responsible, and loving use of their knowledge.... in Law School operations. The restructuring brought with it an We seek to train a diverse student body not merely to be good energized Alumni Board and a burgeoning network of engaged lawyers, but to be lawyers who lead good lives….” graduates; active volunteers now number more than 900. Garvey spent countless hours reaffirming that mission and Programmatically, there was a lot of expansion. Much of applying the rigorous standards of scholarship that support it. it was aimed at internationalizing the Law School. In 2007, He reformed the curriculum not only in response to the growing Garvey oversaw the start of an LLM program primarily for field of law but also to provide more time for scholarship by international students, furthering the Law School’s global reach reducing faculty teaching loads. He sweetened the deal with and bringing fresh perspectives to the classroom. The Center for financial and time incentives for increased scholarly output, raising to $400,000 the amount spent on summer research Human Rights and International Justice took up residence in grants. As part of the strategic plan, he received University 2005. Its Post-Deportation Human Rights Project, under center approval to hire ten new faculty, an ongoing initiative that has associate director and law professor Daniel Kanstroom, gained made possible the arrival of a cadre of diverse young professors quick renown for groundbreaking research and representation. whose impressive publishing records and interdisciplinary The Emerging Enterprise and Business Law Program similarly interests reflect the latest trends in legal scholarship and flourished. education. Five faculty professorships were established in In Garvey’s time, BC Law passed milestone after fundraising the names of Monan, Kenealy, Drinan, Liberty Mutual, and milestone in its advance on affordability, including raising David and Pamela Donohue. In the course of all this, Garvey $8.45 million for scholarships and $4.45 million for loan also reduced the student-faculty ratio to a more respectable repayment assistance. He played a key role in obtaining the 13.1 to 1. three biggest gifts in the Law School’s history—of $1.5 million, Garvey made advances engaging alumni in upper-level $3 million, and $3.1 million. The BC Law Fund rose an average governance. He built the Board of Overseers into a fifty-six- of 11.1 percent per year. member advisory council that threw its weight behind such Reflecting on BC Law’s march into the frontlines of legal initiatives as the Law School’s participation in the University’s Light the World Campaign. Their decision to help raise $50 education and the contributions of the seven deans, Coquillette million was the commitment Garvey needed to join the capital expressed characteristic optimism for the Law School’s ability fundraising effort, and by the end of his tenure, BC Law was to fulfill its mission of public service and leadership. “This nearly $24 million toward that goal. He set up the Business is a school that has a great location, great traditions, and Advisory Council in 2007, which brought experienced alumni great demographics,” he said. “It has come a long way in a to the table to, among other things, help conceive—even teach— comparatively very short period and is ready to take off to even innovative new courses in business law. The Alumni Association greater heights.”

2000 The fun-filled annual PILF auction raises money for public interest summer stipends.

1999 2004 Housing class- At the 75th rooms and Anniversary, a offices, the panel on public $12.5 million service brings East Wing together makes BC Law’s US its debut. senators and congressmen.

www.bc.edu/lawalumni 27 [ E s q uire ] a l u m n i n e w s & cl a s s n o t e s

Alumni Association Hits Its Stride

Board, assembly show what volunteers can accomplish

he restructured Alumni Associa- George Field ’78, president-elect; Chris- the Law School in this transition year, and tion held its second annual Alumni topher Dillon ’88, vice-president; Barbara outgoing board president Denis Cohen ’76 T Assembly in October with a day Cusumano ’08, secretary; and Kevin Cur- thanked his predecessor, John Hanify ’74, of activities that included a business meet- tin ’88, treasurer. with the gift of a chair. (See Page 10 for a ing, a Volunteer Tribute Luncheon, and a Following the luncheon keynoted by BC report on Henderson’s talk.) lecture by William Henderson of Indiana theology professor Father Michael Himes, To learn more about the Alumni Asso- University Law School on the changing the assembly convened. Interim Dean ciation or to become a volunteer, visit legal profession. George Brown talked about the state of www.bc.edu/lawalumniassociation. At their business meeting, Alumni Board members provided reports in their areas of responsibility and set goals. The Hon. Lynda Connolly ’74 (advocacy programs) will reach out to more trial lawyers to judge student competitions. Ingrid Chiemi Schroffner ’95 is helping student affinty group leaders connect to affinity alumni through events, BC LawNet, mes- sage boards, and possibly an e-newsletter. David Delaney ’03 will encourage volun- teerism by matching alumni more closely to their volunteer interests in the growing alumni chapters network. Earl Adams Jr. ’02 is revitalizing communications through the website and BC LawNet and by involving alumni in promoting the Law School. Brigida Benitez ’93 (admissions) will expand a new system that puts admitted applicants directly in touch with alumni. Kevin Curtin ’88 (reunions and classes) predicts that the effective structure now in place will facilitate continued increases in participation and engagement. Thomas Burton ’96 (career services) is seeking new ways, such as a “shadow program,” to enhance the existing student/alumni mentor program. Mark Warner ’89 (alumni programs) is crafting events around past successes and novel approaches. John Bronzo ’74 hopes to build a larger base of annual giving, and Adam Baker ’08 (student programs) foresees events that give students better insight into how the Alumni Association serves them. Elections were held and new board members Elaine Ventola ’94 (student programs) and Jill Nexon Berman ’78 (reunions and classes) were named. The new officers s ilberberg ’12 Alumni Board President Denis Cohen at the Alumni Assembly for 2011 are Martin Ebel ’94, president; j acob

28 BC Law magazine | fall / winter 2010 [ E s q uire ]

Reaccreditation Process Begins Well Served

David Donohue, president of IHRDC Overseers discuss self-study, dean search in Boston, was among several BC Law alumni who participated in a day of self-study being done by BC Law student life, and curriculum. service last summer at St. Francis House, in preparation for the ABA’s Other topics addressed at the overseers a shelter for the poor and homeless on Areaccreditation visit in 2012 was meeting were: Boylston Street. (To find out more about among the topics discussed during the • An update by Associate Dean Mari- volunteer opportunites at BC Law, please Board of Overseers’ meeting in October. anne Lord and overseer David Donohue visit www.bc.edu/lawalumni.) Associate Dean Filippa Anzalone, who on the impact of the Light the World cam- Q: Describe what you did on the Day is heading the self-study, reported that a paign on strategic plan priorities. of Service. committee under the leadership of Profes- • A report by BC Provost Cutberto Garza A: We manned the buffet stations sor Frank Garcia had held focus groups on on the search for a new dean. Among the in the dining room from about 11 a.m. campus in the fall. The topics under review questions he fielded were queries about to 12:45 p.m. and served lunch to 585 were Jesuit/Catholic Identity and the Law candidates’ fundraising skills, the level of people. We met many of those who School’s Mission; Global Challenges; Core importance being placed on prospects’ came through the line and felt we were Competencies; Access, Affordability, and scholarly reputation, and if the new dean helping a special segment of our citizens, the Changing Legal Market; Research, will be expected to lift BC Law School in with dignity, to obtain a fundamental of Scholarship, and Knowledge; and Diver- the rankings. life: a nourishing midday meal. sity. Anzalone said that the sessions were • Overseer Paul Dacier said a plan to Q: Why is this important to you? in preparation for a retreat during which establish a so-called “Directors College” A: Because in the richest country of faculty were re-evaluating the strategic at the Law School to train corporate board the world we have not yet found a way plan passed in 2003 in the context of the members would become a reality this sum- for government to support those who reaccreditation process. mer. (See story page 5.) are down on their luck. Independent John Montgomery ’75, who serves on • BOO Chairman David Weinstein ’75 agencies must do it and, especially in the committee as a board member, told the welcomed new members Julian D’Agostine difficult economic times, their support is overseers that information gathered in the ’53, Mark Kelly ’77, Jo Ellen Ojeda ’79, uneven and usually not sufficient. I think focus groups was being used to measure Philip Privitera ’95, Debra Steinberg ’79, St. Francis House is one of the most ef- progress in such areas as fostering a culture and Teresa Weintraub ’79 (the latter two fective agencies doing this work. of service to others, faculty development, of whom could not attend).

B o o K s h e L F

The Mob and Me: Wiseguys and the crooked judges, crooked cops, and crooked trenchant view of the law and its courts Witness Protection Program (Gal- politicians. (It’s a milieu she knows inti- and officers, Meagher presents a Dicken- lery Books, New York, 2010) by John Par- mately; as AG in Rhode Island she battled sian cross-section of Boston society as seen, tington with Arlene Violet ’74. Former US corruption at all levels.) From 2005, she through humane and compassionate eyes, Marshal John Partington and one-time nun worked with Partington to create a first- in an urban courtroom. and former Rhode Island Attorney General person narrative from extensive interviews, Arlene Violet collaborated on this insider case files, background documents, and trial Frame Up (Oceanview Publishing, Ips- view of the early years of the Witness Pro- transcripts. Violet said that her greatest wich, Massachusetts, 2009) by John F. tection Program. reward came when Partington’s son read Dobbyn ’65. After the mob-style murder In 1967, Senator Robert Kennedy the manuscript and told her: “That’s his of his closest friend, Harvard Law grad tasked Partington with setting up a fed- voice.” Michael Knight is drawn into a high-stakes eral program to offer lifelong protection art fraud that takes him from Boston’s to informants in exchange for evidence Judge Sentences: Tales from the seediest neighborhoods to the vaults of that would convict organized crime bosses. Bench (Northeastern University Press, Amsterdam’s most exclusive banks. This Partington, who died in 2006, became the Boston, 2009) by Dermot Meagher ’65. fast-paced legal mystery is Boston-born companion and guardian of mobsters, Prayerful grandmothers, transvestite sex Villanova Law School professor John Dob- helping dangerous people conceal their workers, and thwarted lovers rub shoul- byn’s second novel. Frame Up fuses Dob- histories of violence in new places, under ders in these pithy case and character byn’s insider insight into the legal system new identities. studies distilled from Meagher’s seventeen with deft scene setting, plotting, and char- Partington, said Violet, was a “modern years on the bench in Boston Municipal acterization honed in twenty-five short sto- day Wyatt Earp,” a true American hero Court. With a novelist’s flair for detail ries for Ellery Queen’s Mystery Magazine who ventured into a world of killers, and ear for dialogue, and a veteran judge’s and Alfred Hitchcock’s Mystery Magazine.

www.bc.edu/lawalumni 29 what a party[ E s q! uirereunion] 2010

1 2

3 4 s ilberberg ’12 j acob

30 BC Law magazine | fall / winter 2010

5 6 7 [ E s q uire ]

his year’s reunion celebration cul- minated in October when What’s It Take to Throw a Reunion? T a record-setting 544 alumni and guests gathered in Newton and Boston Margie Palladino and lots of Exclamation Marks!!! for Reunion Weekend 2010. The Reunion Gift Campaign was also a wonderful success, setting a new reunion record of 35 percent alumni participation. These classes (1960, 1965, 1970, 1975, 1980, 1985, 1990, 1995 and 2000) surpassed the 2009 reunion donors by 33 alumni and exceeded donor participation in their last reunion (in 2005) by 157 alumni donors or a 128 percent increase. Cash gifts and pledges totaled $1.46 million. “Thank you to all who participated,”

said Ann Carey, associate director s ilberberg ’12 of reunions and classes, “especially those j acob for whom this was their first BC Law Palladino delights in the gift Steve Berk presented to her from the 1985 reunion committee. reunion and/or donation to BC Law. They made these campaigns succeed in a difficult year.” all it the upside of the downturn for an online Class of ’85 newsletter. The in the real estate market. When To view additional Reunion photos response was so positive that she received Margie Palladino ’85 was invited to enough material for four issues. She fol- and a video, visit www.bc.edu/law- C join the twenty-two-member 25th Reunion lowed up by emailing two Smilebox slide- reunion2010. Committee in February 2010, the Welles- shows, one a collage of images from the 1) Kevin Curtin ’88, the Alumni Board member in ley-based real estate developer had some class, past and present, inviting everyone charge of classes and reunions. 2) Ann Carey, left, as- unanticipated free time, so she said yes. to reunion, and the second celebrating their sociate director of classes and reunions, with reunioner That acceptance jump-started eight Law Revues, from “Star Laws,” to “Brief Lisa Senay ’05. 3) From left, Senator Scott Brown ’85 with classmates Julie Lovell, Ettore Santucci (in back- months of creative networking among the Busters.” “As lawyers our lives are so seri- ground), and Daphne Meredith. 4) Members of the 297 surviving alumni of the class of 1985, ous,” said Palladino, “we forget we used to BC Law hockey team, all from the class of 1970, show and resulted in a reunion that attracted have fun!” off a picture of their glory days. From left, front row: 105 classmates to the weekend’s events With Carey, Palladino revamped Joe McEttrick and Fred Hopengarten; back row: Ted Henneberry, Jim McConville, Vinnie Murray, and Ed and raised more than $263,117 from 49 the form requesting information for the Dimon. 5) Jacob Labovitz ’00, left, with classmate Eric percent of the class. According to Ann Reunion Book, asking questions that Anderson. 6) Comparing photos of then and now are, Carey, associate director of reunions and prompted more than a litany of pro- from left, Joseph Harrold ’95 with wife Britta Har- classes, “Margie did such an amazing job fessional success. Palladino set the tone rold, Phil Privitera ’95 with wife Toni-Ann Privitera. 7) Alumni arriving at the Ritz for their reunion dinners. being the muscle behind the record-setting by being open about personal struggles, ’85 reunion” that the BC Law Office of including the choice to quit her legal career Institutional Advancement has inaugurated to raise her two adopted children, which s a v e t h e d a t e ! an Outstanding Reunion Volunteer Award she called the hardest decision of her life. Alumni from classes of 1961, 1966, 1971, in her honor. The resulting full-color book brims with 1976, 1981, 1986, 1991, 1996, 2001, and The Reunion Committee also singled self-portraits that include shadows as well 2006 are invited to return to Boston for out Palladino for her efforts. On behalf as highlights of lives well lived within and Alumni Weekend 2011, held October of the committee, Steve Berk presented beyond the practice of law. 14-16, 2011. Alumni are also invited to return for the Alumni Assembly held her with a Tiffany bracelet at the reunion The 25th Reunion was the first Cindy during Alumni Weekend if they volun- dinner on October 16. Berk said that Pal- Lewis of Lexington had ever attended. teered for BC Law during the year as ladino’s “incredible commitment and dili- “Margie’s communications and her enthu- a 1L mentor, reunion committee member, gence” fostered a real sense of community siasm made me that much more excited to regional alumni chapter organizer, oral and shared experience over the reunion go,” she said. advocacy judge, admissions volunteer, class agent, or in any other capacity. weekend. As an entrepreneur, Palladino is already To begin volunteering, visit www.bc.edu/ “When the reunion came along, I considering the business potential of mar- lawalumnivolunteer. thought, ‘Let’s make the most of it!’” keting her networking skills to a wider For more information, go to www. said Palladino. She sent an email blast to audience in academic settings and the pri- bc.edu/lawalumni or contact Associate Di- the scattered class—along with a photo vate sector. Look out for her update in the s ilberberg ’12 rector of Reunions and Classes Ann Carey of herself in the signature short shorts of next Reunion Book. at 617-552-0054 or [email protected]. j acob the 1980s—requesting photos and stories —Jane Whitehead

www.bc.edu/lawalumni 31 GA U T H IER CH AR L E S

BC Law Generations

US Representative Edward J. Markey ’72, left, with his brother John K. Markey ’73

32 BC Law magazine | Fall / Winter 2010 [ E s q u i r e ] Class Notes

Compiled and Edited by Deborah J. Wakefield

We gladly publish alumni news Michael J. Balanoff ’67 is and photos. Send submissions to the recipient of the 2010 BC Law Magazine, 885 Centre The End to an Era Nicholas S. Priore Advocacy St., Newton, MA 02459-1163, and Professionalism Award or email to [email protected]. presented by the Central New Visit BC Lawnet at www.bc.edu/ Hanify & Colleagues Join Jones Day York Bankruptcy Association lawnet for additional class notes. and the Capital Region Bankruptcy Bar Association, “We came to know the and the 2010 Pro Bono Service 1950s firm and its lawyers, and I’ve Award presented by the US been singularly impressed District Court for the Northern John J. Curtin Jr. ’57 is the with its management and District of New York. He is a recipient of the Boston Bar client-centered practice,” partner at Green & Seifter in Association 2010 Lifetime Hanify said. “It has a Syracuse, NY. Achievement Award. He is of remarkable culture based counsel in the Boston office of on 100 years of evolution Jeffrey M. Siger ’69 is one of Bingham McCutchen LLP. six international crime writers focused on collaborative invited to participate in the efforts among lawyers to Richard L. Abedon ’59, a Murder Is Everywhere blog, retired attorney from Holland serve their clients. At Jones which was awarded the “Top & Knight LLP in West Palm Day, you simply have to Mystery Blog Site of 2010.” Beach, FL, is a 2010 recipient whistle to find someone The third novel in his Chief of the Florida Bar President’s who is prepared to support Inspector Andreas Kaldis series, Prey on Patmos: An Aegean Pro Bono Service Award for your needs.” Prophecy, is being published by his assistance to the Legal Aid Besides its new hires, Society and the Urban League Poisoned Pen Press in January of Palm Beach County. Jones Day has other ties to 2011. anify and King Boston College. Managing James Grady ’59 has been co-founder John partner Stephen J. Brogan REUNION s [ ’71 & ’76 ] appointed to a second five- H D. Hanify ’74 and is a 1970 graduate of BC 1970 year term by Governor Deval three other partners who are and Thomas F. Cullen, who Patrick as a trustee of Bristol BC Law alumni departed runs the firm’s national trial Joseph C. Tanski ’70 a partner Community College, where he the thirty-year-old firm to practice, is a member of the in the Boston office of Nixon is currently the chairman of BC Law Board of Overseers. Peabody LLP, was named the Board of Trustees. He also join the new Boston office leader of the firm’s insurance “BC Law is playing a chairs the Affordable Housing of Jones Day in January. industry practice group. Trust of the Town of Marion. Hanify, together with prominent role in the growth, development, and Karen A. Whitley ’93, Hon. James J. Brown ’71, REUNION Michael T. Marcucci ’01, leadership of Boston law ’61 & ’66 as keynote speaker at the 1960s [ ] Christopher M. Morrison firms, and our standing in Christian Legal Society ’01, and Jeffrey J. Upton, a the eyes of Jones Day was Luncheon in Raleigh, NC, in Dermot Meagher ’65, retired graduate of Boston Univer- enhanced by our association November, read from his book, judge of the Boston Municipal sity Law School, made the with the Law School,” said Reflections of a Poetic Judge. Court Department, is the Hanify, a past president A retired US administrative author of Judge Sentences: lateral move on January 1. law judge, author, and legal Tales from the Bench published Collectively, their practice is of the BC Law Alumni consultant, he is president and by University Press of New commercial, financial, civil, Association and a member director of the International England in September. and employment litigation. of the Board of Overseers. Association of Money and Having worked as local “It’s sad to leave my Asset Recovery Professionals. James N. Schmit ’66 is special counsel on numerous Jones firm because we’ve had a counsel in the labor and Day cases over the past two wonderful relationship,” Robert A. Mello ’71 was employment practice group at decades, Hanify’s firm of Hanify acknowledged. “But appointed by Governor Jim Jaeckle Fleischmann & Mugel some forty lawyers had a I’m sure they will do very Douglas to serve as Superior LLP in Buffalo, NY. He was Court judge of Vermont. He previously special counsel at good working relationship well and that we will be was previously in private Damon Morey LLP in Buffalo, with the international New able to collaborate in a new practice in South, Burlington, NY. York-based firm of 2,500. context.” VT.

www.bc.edu/lawalumni 33 [ E s q u i r e ]

James G. Bruen Jr. ’73 retired Committee. He is the chief from his position as special technology officer for the A. litigation counsel in the Civil W. Chesterton Company in Division of the US Department Woburn, MA. Stay in Touch of Justice, where he was also a Please send your news member of the Senior Executive Seth H. Langson ’76 obtained a for the Spring/Summer issue by Service. million-dollar settlement from April 15. the Roman Catholic Diocese of Richard P. Campbell ’74 Charlotte, NC, on behalf of a is president-elect of the young victim of sexual abuse. Fax: 617-552-2179 Massachusetts Bar Association He is a partner at Karro, Sellers Email: [email protected] for 2010–2011. He is the & Langson in Charlotte. US mail: 885 Centre Street, Newton, MA 02459-1163 founder and a shareholder of Campbell, Campbell, Edwards Harlan M. Doliner ’77 is the Career & Conroy PC in Boston. author of “Massachusetts Fisheries and Wildlife Law” Hon. Lynda M. Connolly in the 2010 edition of ’74, chief justice of the Massachusetts Environmental Massachusetts District Court, Law published by MCLE. He Personal was honored with a Citation is counsel in the Boston office of Distinguished Judicial of Verrill Dana LLP, and an Excellence by the Boston Bar adjunct professor at BC Law Association in May. and Roger Williams University School of Law in Bristol, RI. David G. Ries ’74 is the Name recipient of the McClaugherty Philip D. O’Neill Jr. ’77 is the Award from the Energy and (first) (last) (maiden, if applicable) author of Verification in an Mineral Law Foundation. He Age of Insecurity: The Future Business Address is a partner at Thorp Reed & of Arms Control Compliance (street) Armstrong LLP in Pittsburgh, published by Oxford University PA, and focuses his practice on Press. He is a partner at environmental, commercial, (city) (state) (zip) Edwards, Angell, Palmer & and technology litigation. Dodge LLP in Boston. Title Phone Paul B. Smyth ’74 is the Angela M. Bohmann ’78 recipient of the 2010 was inducted as a fellow Email Class year Environment, Energy, and of the American College of Resources Government Employee Benefits Counsel. Address change? o yes o no Attorney of the Year Award presented by the American She is a partner and the chair o Please check here if you do not want your news in Bar Association Section of of the employee benefits and Esquire, the alumni class notes section. Environment, Energy, and compensation practice group at Resources. He is retired as Leonard, Street & Deinard in In the magazine, I would like to read more about associate solicitor for the Minneapolis, MN. Division of Mineral Resources in the US Department of the George P. Field ’78 is a partner Interior’s Office of the Solicitor at Burns & Levinson LLP in in Washington, DC. Boston focusing on commercial litigation, dispute resolution, Arlene M. Violet ’74 is co- and bankruptcy litigation. author of The Mob and Me: He was formerly a partner at Wiseguys and the Witness Verrill Dana LLP in Boston. Protection Program published by Gallery Books in September. REUNION ’81 & ’86 A former Rhode Island 1980s [ ] attorney general, she maintains a private law practice in Jeffrey A. Jacobs ’81 was Barrington, RI. honored posthumously by the Monroe (NY) County Public Henri Azibert ’76 was Defender’s Office, where he appointed to the Board worked for more than twenty of Directors of the Fluid years, with an award in his Sealing Association, where memory. He passed away in he also serves as chair of the 2006. Mechanical Seal Division and the Mechanical Seal Technical James P. Maxwell ’81 is the

34 BC Law magazine | Fall / Winter 2010 [ E s q u i r e ]

2010 recipient the Prosecutor appointed to a four-year Sharon R. Ryan ’85 is associate Mathew S. Rosengart ’87, a of the Year Award in the term on the District VII Fee general counsel for corporate partner in the Los Angeles, CA, category of appellate advocacy Arbitration Committee of the law at International Paper and New York, NY, offices of presented by the New New Jersey Supreme Court. (IP) in Memphis, TN. In her Manatt, Phelps & Phillips LLP, York Prosecutors Training He is a partner in the real concurrent role as chief ethics was appointed co-chair of the Institute. He is chief assistant estate practice group of Pepper and compliance officer, she firm’s entertainment and media district attorney in the Law Hamilton LLP in Princeton, announced that IP was named litigation department. and Appeals Bureau of the NJ. one of the “World’s Most Ethical Onondaga County District Companies” from 2006 through A. Brian Albritton ’88 is a Attorney’s Office in Syracuse, James G. McGiffin Jr. ’85 is 2010 by the Ethisphere Council. partner in the Tampa, FL, NY, and an adjunct professor president-elect of the Delaware office of Phelps Dunbar LLP at Syracuse University College State Bar Association. He James P. McKenna ’86, despite and concentrates on white- of Law. is senior attorney in the an unprecedented write-in collar criminal defense and Kent County office of the campaign as the Republican internal investigations. He was Anne Meyer ’81, a partner Community Legal Aid Society nominee for Massachusetts previously US attorney for the in the real estate department in Dover, DE. attorney general, was defeated Middle District of Florida. of Goulston & Storrs PC by incumbent Martha Coakley in Boston, was featured in Gregg J. Pasquale ’85 was in Nov. He is an attorney Gail P. Kingsley ’88, as chair an article, “Mitzvah Day lead counsel in a medical in Millsbury and an adjunct of the Avesta Housing Board of at On the Rise,” on the malpractice case whose assistant professor at Worcester Directors, co-hosted the grand NeighborMedia page at CCTV verdict was recognized by Polytechnic Institute School of opening of Florence House, an regarding her philanthropic Massachusetts Lawyers Business. Avesta partnership providing work as a community volunteer Weekly as the fourth largest permanent housing for and board member of On the in Massachusetts for 2009. In Randal V. Stephenson ’86 is homeless women in Portland, Rise, a nonprofit program 2010, he was lead counsel in a managing director in the ME. She is a partner at Libby, that assists women in crisis in an arbitration resulting in an mergers and acquisitions prac- O’Brien, Kingsley & Champion Greater Boston. award in excess of $450,000 tice of Duff & Phelps in New LLC and practices estate based on a wrongful surgery. York, NY. He was previously a planning and administration Marguerite M. Dorn ’82, co- He is of counsel at Keches Law managing director at Burnham from the firm’s Waltham, MA, founder and principal at The Group PC in Taunton. Securities Inc. and Kennebunk, ME, offices. New Having It All, presented “Opting Out and Ramping Back: Women and Career Hiatus” in Oct. and “Plan Ahead for Work-Life Balance and Integration: Advice for Young Professionals” in Nov. Malloy Wins Governor Race at BC Alumni House. Prevails in Connecticut for State’s Top Seat Daniel B. Winslow ’83 was elected to the Massachusetts House of Representatives in dyslexic, graduated Magna Nov. He is a senior counsel onnecticut has a new in the litigation and dispute Cum Laude from Boston governor, BC law resolution department at College and earned his law graduate Dannel P. Proskauer Rose LLP in Boston. C degree at BC. He practiced Malloy ’80, who squeaked law for fourteen years, Katherine A. Field ’84 was past former ambassador to including as assistant district appointed associate justice Ireland Tom Foley by 5,637 attorney in Brooklyn, New of the Bristol Probate and votes out of 1.1 million cast Family Court by Massachusetts York, during which he won in the November 2 elections. Governor Deval Patrick. A man used to records and twenty-two convictions She was previously in in twenty-three cases he private practice in Taunton, firsts, Malloy was Stamford, specializing in family law. Connecticut’s, longest serving prosecuted. mayor (fourteen years) As mayor, Malloy devel- Douglas K. Sheff ’84 is and is now the state’s first oped a national reputation serving his second term as vice Democratic governor in as an urban pioneer in finan- president of the Massachusetts cial management and envi- Bar Association. He is the twenty years. senior partner at Sheff He ran on a platform that ronmental awareness while Law Offices in Boston and promised an overhaul of Misdiagnosed as mentally rebuilding a commercial sec- specializes in personal injury the state’s tax code and the retarded when he was a boy, tor of Stamford that became law. creation of jobs. Malloy, who was actually an economic success story. Thomas M. Letizia ’85 was

www.bc.edu/lawalumni 35 [ E s q u i r e ]

Frederick S. Lane ’88 presented NC. He is a partner in the “CyberTraps for the Elderly: Charlotte office of Winston & Alumni Briefs Understanding and Preventing Strawn LLP and concentrates the Internet Perils Faced by a on corporate lending. Generation of Digital Immigrants” Three Honchos: Richard P. Campbell ’74, Jeffrey N. at New York Law School in Susan M. Finegan ’91 was Catalano ’94, and Douglas K. Sheff ’84 have been November. He is an attorney, appointed to the Massachusetts elected president and vice presidents, respectively, of the author, and computer forensics Judicial Nominating Commission Massachusetts Bar Association. President-elect Campbell expert in Burlington, VT. by Governor Patrick. She is a is the founder and shareholder of Campbell, Campbell, partner in the litigation practice Edwards & Conroy PC in Boston. Vice President Catalano Stephen D. Menard ’88 is a and chair of the pro bono founding partner of Trabucco committee in the Boston office is a partner at Todd & Weld LLP in Boston. Sheff, a senior & Menard PLLC, a litigation of Mintz, Levin, Cohn, Ferris, partner at Sheff Law Offices, is serving his second term as defense firm in King of Prussia, Glovsky & Popeo PC. MBA vice president. PA, with emphasis on products, heavy equipment, construction, Kathie Beirne Guckenberger Hail Fellows Well Met: For the fourth year in a row, and premises liability. ’92 is an associate at Widner, Goulston & Storrs sponsored the BC Law Students of Color Michow & Cox LLP in Retreat. The event is held at the beginning of the school Walter J. Sullivan Jr. ’88 is Centennial, CO, focusing year to welcome 1Ls to the Law School and Boston legal of counsel in the labor and on municipal law. communities. employment and the legislative, regulatory, and government Christine M. Griffin ’93, See Her on YouTube with President Obama: Christine services practice groups at Deputy Director of the Griffin ’93, deputy director of the US Office of Personnel the Boston office of Preti US Office of Personnel Management, was at the President’s side at a White House Flaherty. He was previously Management in Washington, chairman of the Massachusetts DC, was at President Obama’s event in July commemorating the 20th anniversary of Alcoholic Beverages Control side when he signed an the American with Disabilities Act. Have a look at www. Commission. executive order at a White youtube.com/watch?v=WNgmjn5uw. House event commemorating REUNION the 20th anniversary of the From Beam to Boardroom: Olympian Shannon Miller 1990s [ ’91 & ’96 ] Americans with Disabilities ’07, America’s most decorated gymnast, is taking on yet Act; delivered closing remarks another title, founder of Shannon Miller Lifestyle: Health Kimberly Motley-Phillips at the US Department of Labor’s ADA anniversary and Fitness for Women. The company fills the need for ’90 is staff attorney at the Neighborhood Legal celebration; and as special more relevant information about healthy living with a Services Association (NLSA) guest and moderator, attended website and weekly radio show. in Pittsburgh, PA, and the National Summit on Disability Policy 2010 in A Moment of Silence: Friends and family of the late director of the Medical-Legal Collaborative for Patients Washington, DC, in July. Joseph Alden ’99 gathered at the BC Club in October to (MLCP) in McKeesport, honor his life. Among many classmates in attendance PA. MLCP, a partnership of Sharon A. Hwang ’93 was a were Marybeth Chung, Christina Schenk-Hargrove, Tim NLSA and the University of panelist at “An Open Forum Schofield, Kevin Conroy, Jim Tierney, Bill Lovett, Matt Pittsburgh Medical Center, and Reception with Women Partners and Women in Senior Henning, and John Connolly. The BC Club was chosen for and a member of the Medical- Corporate Management” sentimental reasons: When Alden, a Double Eagle, passed Legal Partnership Network based in Boston, integrates presented by the Diversity the Massachusetts Bar in 2002, he’d held a lunch there, legal assistance into the medical Scholarship Foundation, his mother said. “He was so proud to show us around and setting to assist low-income John Marshall Law School, have that lunch to celebrate one of his long sought-after individuals and families. the Women’s Bar Association accomplishments.” of Illinois, and the Asian David L. Batty ’91 is a visiting American Bar Association A Stand-up Guy: The former general counsel of the Navy, assistant professor at Charlotte of Greater Chicago Area in Alberto J. Mora, a critic of the Bush administration’s School of Law in Charlotte, Chicago, IL. She is a partner at policies on the treatment of detainees in the war on (continued on page 51) terror, was honored in the fall by the BC Law Philadelphia Chapter with its annual Robert Drinan Award. Mora’s efforts to stop the use of physical abuse and torture as I n M em o r i a m a means of extracting information from detainees, and his willingness to confront senior government officials, John J. Brodbine ’51 Robert F. McGrath ’61 demonstrated a commitment to human rights and the Daniel C. Chisholm ’52 James R. O’Connor ’64 rights of the unpopular and the oppressed similar to Robert D. Delaney ’55 Antonio A. Lopez ’80 that demonstrated by Father Drinan on many occasions, Donald G. Harriss ’58 Joseph M. Alden ’99 according to the chapter committee. Brendan J. Perry ’60

36 BC Law magazine | Fall / Winter 2010 [ F acult y ] n e w s & r e s e a rc h

s c h o l a r ’ s f o r u m The Tussle over Patent Limits

b y P rofessor David O l s o n

n 2010, the courts struggled with the question of how to limit what is patentable. This past summer, the Supreme Court ruled in a 5 to 4 decision that methods of doing business are patentable. In doing so, the majority decisively rejected the notion that courts should independently determine Ithe rules of patentability, and instead interpreted the recognized that patents should be granted only on plain text of the Patent Act to allow very broad pat- inventions that inventors would otherwise lack suffi- entability. The Federal Circuit is currently reviewing a cient incentive to invent. In the 1966 case of Graham v. district court decision that held—contrary to conven- John Deere Co., the Supreme Court said that “[t]he pat- tional wisdom and practice—that genetic material is not ent monopoly was not designed to secure to the inven- patentable. How should the courts set limits on what is tor his natural right in his discoveries. Rather, it was a patentable, and what do these limits—or lack thereof— reward, an inducement, to bring forth new knowledge.” mean for society? This summer’s case of Bilski v. Kappos, regarding the The US Constitution explicitly grants Congress the patentability of a risk-hedging method, addressed the power to enact patent and copyright laws. It sets out a broader question of how drawing the line between the utilitarian basis for patent law, saying, “Congress shall patentable and unpatentable should be accomplished. have Power . . . To promote the Progress of Science and Justice John Paul Stevens, writing for the minority, useful Arts, by securing for limited Times to Authors and argued that Section 101 of the Patent Act, which sets Inventors the exclusive Right to their respective Writings forth the standard for patentable subject matter, should and Discoveries.” Thus the Patent Act exists for a pri- be interpreted like the antitrust laws—as an invitation to mary purpose: to overcome the public goods problem by make common law. This approach is consistent with the giving inventors exclusive rights so that they can charge Supreme Court’s earlier understanding of Section 101. high enough prices to cover their costs of research and In Graham the Supreme Court quoted Thomas Jeffer- development. As President Lincoln put it, the patent son, who said that while he served on the patent board laws “added the fuel of interest to the fire of genius.” during his tenure as Secretary of State, he saw “with Increased incentive for inventors comes at a cost to what slow progress a system of general rules could be consumers in the form of higher prices for the duration matured.” Accordingly, Jefferson continued, due to the of the patent. Accordingly, the courts have heretofore “abundance” of cases and the fact that they occupied (continued on page 49) i s tock ph oto.com

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

P R o f IL E Chinese Lessons

McMorrow’s Fulbright adds new dimension to her scholarship

n a recent Tuesday in October at 8:30 a.m., Professor Judy OMcMorrow was teaching a class on US tort law via Skype to sixteen students at Renmin University in Beijing. Her computer screen showed students huddled in thick coats, at 8:30 p.m. their time. In Beijing the heat does not go on in public buildings until November 1. “If they have a cold spell, they just bundle up,” McMor- row explained. McMorrow, an expert on tort law and professional responsibility, received a Fulbright fellowship to teach Torts, Legal Ethics, US Legal Reasoning, and Alternative Dispute Resolution at Renmin during the academic year 2008-2009. An award-winning teacher, McMorrow was one of around twenty American professors chosen by the US State Department-run Fulbright Program to teach and research in China and serve as cultural ambassadors. “The program actually gives preference to professors who do not already have a connection with China,” said McMor- row. “The goal is to build bridges that will allow for two-way connections.” With their younger daughters then in third and fifth grades, McMorrow, who has taught at BC Law for over twenty years, and her husband Rick Reilly, a labor-relations specialist, seized the chance for an extended stay abroad. “We had zero connection with China. We’d never been there, we knew nothing about it, we did not speak a word of Chinese,” said McMorrow, a past president of the Associ- ation of American Law Schools Section on Professional Responsibility, and a member of the Committee on Judicial Ethics of the Massachusetts Supreme Judicial Court. When the family arrived in China four days before the close of the 2008 Beijing Olympics, they plunged into deep cultural bemusement. “You get off that plane, and you barely function at the level of a three- year-old. You cannot read, you cannot s mit h write. You can do sign language,” said McMorrow, laughing. On the Renmin dana McMorrow’s cultural bridge-building sojourn is having an impact on BC Law’s relationship to China. campus, she found willing interpreters to

38 BC Law magazine | fall / winter 2010 [ F acult y ] order takeout or locate stores with Eng- lish-speaking clerks. But buying anything A Crash Course in Bankruptcy Basics beyond everyday necessities—for example, a sleeping bag for a school trip for one of ONE-OF-A-KIND WORKSHOP PURSUES THE TOUGH QUESTIONS her daughters—meant an all-day expedi- tion requiring hours of strategizing and n October 18, 2010, a federal crosstown cab rides. SWAT team seized a garbage Navigating Chinese legal culture was Odump belonging to a subsidiary of equally challenging. “I slowly came to Trash Holdings Corp., and found evidence understand some aspects of the Chinese of illegal toxic waste dumping. Four days legal system and the policy choices they later, Trash Holdings’ displeased lender, have made,” said McMorrow. In the BigBank, was calling in its chits. One hun- early 1980s, as law clerk to United States dred million dollars of them. Supreme Court Chief Justice Warren Burg- Suddenly, Trash Holdings was in crisis. er, McMorrow said she learned to “take Its three-person board of directors, includ- very seriously the arguments that don’t ing illegal waste-dumper and probable intuitively draw us in.” She had many jailbird Tommy Trash and his best friend chances to exercise this discipline while from high school, had to contend not only viewing familiar legal questions through a with the bank, but also with $150 million

Chinese lens. in bond debt, millions owed to suppliers, j a s on liu “If a rich man and a poor man were and yet more millions for payroll. In a mat- Bankruptcy expert Daniel Cohen standing on the side of the road in Beijing, ter of weeks, Trash Holdings was going to and they were hit by a drunk driver and run out of money. case. “Role-playing gave students a fla- killed, how would you assess damages?” Welcome to “Anatomy of a Distressed vor for reality,” he says. “The discussion McMorrow asked her Torts class. If they Business: An Interactive Program for Busi- wasn’t as technical as we would do in were both Beijing residents, the students ness Students, Law Students, and Young private practice, but we were speaking at a explained, the two cases would get the Professionals.” This day-long program, pretty sophisticated level and the students same compensation, based on the city’s sponsored by the First Circuit Fellows of were able to follow.” Stellato says that average wages, a solution radically dif- the American College of Bankruptcy, is the program is a learning opportunity for ferent from the American “make whole” held every other year exclusively at BC the pros as well. “It allowed practitioners policy, which would give greater compen- Law and is the only program of its kind to look at a problem from many different sation to the higher earner. Examples like in the country. Attendees—bankruptcy perspectives, more than they would gain in this helped McMorrow “understand more practitioners plus area law and business their own practice.” Jackson, an associate deeply that in the US we look to the mar- students—have a packed day. They get a with Young, Conaway, Stargett & Taylor, ket for a lot of information, including the crash course in bankruptcy basics; work appreciated the refresher in bankruptcy valuation of damages, and that in China, through, in two-hour small-group sessions, basics presented by bankruptcy law expert they’ve made a different kind of policy a hypothetical bankruptcy case (Trash Daniel C. Cohn and CPA Martha (Mar- decision,” she said. Holdings); and present their conclusions ti) M. Kopacz, and enjoyed networking, McMorrow’s Beijing sojourn has given to a United States Bankruptcy Judge—this especially with students. “I like being an her scholarship a new dimension—com- year, Joan N. Feeney. ambassador of my practice to undecided parative legal ethics, with a focus on Chi- Professor Ingrid Hillinger, a First Circuit students, to explain how wonderfully com- na—and forged connections between BC Fellows member and “Anatomy” orga- plex and exciting it is,” he says. Law School and Renmin. In July 2010, she nizer, says this year’s program drew about Jennifer Kent ’13 says that the attorneys moderated a panel and spoke on legal eth- forty professionals and one hundred stu- who led her breakout session expertly ics in Asia at the International Legal Ethics dents from BC Law, the Carroll School of engaged the students. “They did a good job conference at Stanford University Law Management, and area law schools. “The of drawing us out by the phrasing of their School, and she represented Boston Col- program allows students to be exposed to questions,” she says. lege at Renmin University’s sixtieth anni- something that they would not ordinarily Mickey Ding ’12 was his group’s pre- versary celebration in October 2010. A be exposed to, and allows them to see how senter before Judge Feeney, Cohn, and group of Renmin students came to BC Law insolvency practice works,” she says. Kopacz. He says, “I learned the fundamen- in summer 2010 for a one-week course, Hillinger devotees Jesse Stellato ’08 tals of what happens when a business starts “Insights into US Law,” that McMorrow and Patrick Jackson ’05 traveled from to fail, what key players are involved, what hopes to expand into a three-week summer Miami, Florida, and Wilmington, Dela- key financial data is necessary to make program in 2011. McMorrow’s Mandarin ware, respectively, to attend. Stellato, an important decisions, what protections may still be basic, but the cultural bridge- associate at Greenberg Traurig, played the there are for a failing business from credi- building mission she embarked on in 2008, role of an unsecured creditor in his break- tors, and the fundamental relevant law.” has, she said, changed her forever. out session, where about thirteen lawyers Not bad for a day’s work. —Jane Whitehead and students tackled the Trash Holdings —Jeri Zeder

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

Passing the ‘Meat Market’ Test

BC profs mentor aspiring academics

rofessors Frank J. Garcia and James Papandrea, the current program director, and deans, and present job talks—lectures R. Repetti were serving on the says, “To be successful on the academic about their scholarship followed up by PAppointments Committee looking job market, you need a lot of guidance intense questioning by faculty. for new faculty hires when they noticed because it is a tricky process.” So far, BC Law has identified roughly a that a number of BC Law alumni were Zoe Argento ’07, now an assistant pro- dozen alumni headed for legal academia. on the market for jobs as law professors. fessor at Roger Williams University School Several have landed faculty positions. Cés- Unfortunately, many of those alumni were of Law in Rhode Island, got the program’s ar Cuauhtémoc García Hernández ’07, an making rookie mistakes that could sty- full range of coaching and wound up with assistant professor at Capital University mie their ambitions. “We realized that a four call-backs out of eight interviews. Law School in Columbus, Ohio, was men- little bit of coaching at the front end could “I’m sure that having that experience tored in the Law Teaching Program for his make a difference,” Garcia says. With a helped with my call-back rate,” she says. second interviews. “This program gave a $15,000 grant from Boston College, Gar- Typically, the path to a law professor- very clear picture of the expectations and cia launched the Law Teaching Program in ship begins with a strong academic record how to present myself to get an offer,” he 2009. The program reaches out to alumni and a portfolio of published scholarship. says. who seek law professorships and guides With those credentials in hand, candidates Brian Sheppard ’01, now an associate them through the hiring process. enter the job market by filing an applica- professor at Seton Hall Law School, recalls Many top-tier law schools have formal tion with the Association of American Law the leg-up he got from BC Law’s program. programs to actively groom interested Schools’ Faculty Appointments Register At one point, he was among a handful of alumni to careers in legal academia. In (FAR). Those plucked from the register alumni on a conference call hearing directly BC’s program, faculty mentors help can- by law schools attend AALS’s annual Fac- from Dean John Garvey on how to handle didates shape their applications, provide ulty Recruitment Conference, known as their interviews with law school deans. guidance about recruitment, and invite the Meat Market, for initial interviews. It’s that kind of intimate attention, mentees to the Law School for a full day Second interviews are rigorous, day-long, Sheppard says, that makes the Law Teach- of mock interviews, practice job talks, and on-campus affairs in which candidates are ing Program valuable. feedback. Associate Professor Mary-Rose interviewed by faculty, student groups, —Jeri Zeder

Remembering Professor Paul McDaniel

Eminent tax scholar spent much of his career at BC Law

aul R. McDaniel, scholar,” said BC Law colleague James the then-pending ABM Treaty. The New a much-admired Repetti. “At BC, he introduced thousands York Times headline read “Tax Aide’s P tax law professor of students to the intricacies of tax and Ouster Is Called the Price of a Vote for at BC Law from 1970 statutory analysis with a keen wit, great ABM.” Senator Bellmon’s was the decid- to 1987 and 2001 to sensitivity, and a gentle sense of humor. ing vote. 2004, died in Florida As a scholar, his tax expenditure analysis After seventeen years at BC Law School, last July at the age of helped shape the way our country and McDaniel joined Hill & Barlow as a part- seventy-four. many other nations view the use of tax ner. He was also an advisor to Massachu- McDaniel was rec- systems to achieve economic and social setts Governor Michael Dukakis and Sena- ognized as one of the most influential tax objectives.” tors Albert Gore Sr. and Edward Kennedy. scholars of the past fifty years. The ground- McDaniel earned degrees from the Uni- Later, at NYU School of Law, McDaniel breaking work he did with Stanley Surrey versity of Oklahoma and Harvard Law developed the school’s LLM in Interna- in developing the concept of tax expendi- School, then worked in the US Treasury tional Taxation program and was the tures remains one of the most significant Department’s Office of Tax Legislative director of the Graduate Tax Program. In developments in tax theory and continues Counsel. His departure from that office in 2004, Mr. McDaniel was named the James to play a major role in the evolution of tax August 1969 made front page news. The J. Freeland Eminent Scholar in Taxation law. During his academic career, which incoming Nixon administration required and Professor of Law at the University of spanned four decades, McDaniel authored appointees to be approved by their home- Florida’s Levin College of Law. or co-authored over sixty articles and six state senators, and Senator Bellmon (R., books on US and international taxation. OK) refused to approve McDaniel’s This article contains excerpts from an “Paul was an extraordinary teacher and appointment, threatening to vote against obituary in the Gainesville Sun.

40 BC Law magazine | fall / winter 2010 [ F a c u l t y ] Academic Vitae

Compiled and Edited by Deborah J. Wakefield

Richard Albert London, UK, in April. Assistant Professor Activities: Attended the Interna- Recent Publications: “Presidential The New Russian Front tional Bureau of Fiscal Documen- Values in Parliamentary Democ- tation Board of Directors meeting, racies.” I•CON: International Amsterdam, Netherlands, in May. Visitors learn American legal ways Journal of Constitutional Law 8 Conference co-convener, “Allo- (2010): 207–236. Review of Secu- cation of the International Tax larism, Religion and Multicultural f [Russia’s] admin- meetings with prominent US Base: Past, Present, and Future,” Citizenship, edited by Geoffrey istration is to modern- judges and representatives of International Network for Tax Brahm Levey and Tariq Modood. “ ize the economy…and the Department of Justice, Research; and chair, INTR Steer- Journal of Church and State 52 “II ing Group, Oxford, UK, in July. participate fully in the system and tours of local historic (2010): 158–160. Attended a meeting of the Scien- of industrial democracies,” attractions. tific Advisory Board (Fachbeirat) Presentations: “The Problem of said former US Ambassador At the Law School, the of the Max Planck Institute for Constitutional Entrenchment,” to the Russian Federation delegates observed a con- Intellectual Property, Competi- panel entitled “New Perspectives on James Collins, “then tracts class taught by tion, and Tax Law, Munich, Ger- Comparative Constitutionalism,” [Russia’s leaders will] have to Professor Ingrid Hillinger many, in July. Chair, Mitchell B. 2010 Law and Society Association Carroll Prize Jury of the Interna- (LSA) Annual Meeting, Chicago, ensure that rule of law is the and sessions directed by pro- principle of the future.” In the fessors Mary Bilder, George tional Fiscal Association, Rome, IL, in May. “Changing the Italy, in Aug. Conversation,” address to Boston spirit of Collins’s statement, Brown, Vlad Perju, Kay Lawyers Group interns, BC a delegation of prominent Schlozman, and Ken Kersch. Charles H. Baron Law in June. “What Democracy Ukrainian judges visited BC The Russians made a presen- Professor Emeritus Demands,” Boston Lawyers Group Law in September during the tation concerning their own Recent Publications: “The End of the Summer Celebration Library of Congress Open professional backgrounds. Dialogue between Biomedicine in July. “Presidential Roulette,” World Leadership exchange. The Open World Lead- New England Junior Scholars and Law in an ‘IntraAmerican Conference, Suffolk University The exchange’s goal is to ership exchange began ten Transnational Perspective,’” In Law School, Boston, in July. “The promote judicial reform and years ago as the Russian Biomedical Sciences and the Law, Use and Misuse of Constitutional rule of law. Leadership Program. The edited by Amedeo Santosuosso Comparisons,” to a delegation Boston College professor project emerged in a time of et al., 53–60. Pavia: Ibis, 2010. “Blood Transfusions, Jehovah’s from Renmin University of Beijing, Kathleen Bailey helped sweeping judicial reform in China, attending the Insights into Witnesses, and the American coordinate the program, Russia and was designed to Patients’ Rights Movement.” In US Law program at BC Law in which included visits to provide firsthand exposure Aug. “The Constitutional Politics Alternatives to Blood Transfusion Boston-area courtrooms, to American judicial practices. of Presidential Succession,” Fall in Transfusion Medicine, edited 2010 Colloquia Series, University by Alice Maniatis, Philippe Van of Cincinnati College of Law, der Linden, and Jean-Francois Cincinnati, OH, in Sept. “The Hardy, 531–558. Oxford: Wiley Other: Recipient of the 2010 Association of American Law Cult of Constitutionalism,” Blackwell, 2011. Hessel Yntema Prize presented Schools 2010 Conference on Boston College Law Review by the American Society of Clinical Legal Education, Presentations: “Law at the End Symposium, “Legal Perspectives Comparative Law. Visiting fellow Baltimore, MD, in May. of Life: Have We Come of Age?” on the NCAA,” BC Law in Oct. in constitutional law, Università conference entitled “Easeful “The Basic Structure Doctrine degli Studi di Brescia, Facoltà di Hugh J. Ault Death: 21st Century Perspectives and the Locus of Sovereignty,” Giurisprudenza, Brescia, Italy, Professor on Assisted Suicide,” Cold Spring Columbia Law School, New York, in May. Taught Comparative Harbor, NY, in Nov. NY, in Oct. Recent Publications: With Jacques Constitutional Law at the Sasseville. “Taxation and Non- University of British Columbia Karen S. Beck Activities: Panel chair and discus- Discrimination: A Reconsidera- Curator of Rare Books and Faculty of Law, Vancouver, BC, sant, “Constitutional Law: A Com- tion.” World Tax Journal 2: Collection Development Librarian Canada, in June. parative View,” 2010 LSA Annual no. 2 (June 2010): 101–125. Meeting, Chicago, IL, in May. Activities: Attended the Law Alexis J. Anderson Presentations: “Recent Treaty Librarians of New England Spring Associate Clinical Professor New Appointments: Appointed Developments in the Arbitration 2010 Meeting, Portsmouth, NH, to the National Board of Advisors Presentations: “Challenges of of International Tax Disputes,” in April, and the Law Librarian of the Harlan Institute and the Sameness,” co-presenter at mini- International Tax Conference in Unconference, Suffolk University Law Library, Boston in May. National Board of Directors of the plenary session, “Assuming Honour of Dr. John Avery Jones, Yale Black Alumni Association. Sameness, Finding Difference,” London School of Economics, Other: Curated a new exhibit,

www.bc.edu/lawalumni 41 [ F a c u l t y ]

Recent Additions to the Collection: Activities: Judge and brief grader, Criminal Justice Section, BC Law New Appointments: Appointed Fall 2010, in the Daniel R. ABA Law Student Division’s in Oct. to the Massachusetts Historical Coquillette Rare Book Room. 2009–2010 National Appellate Society Council of Overseers. Advocacy Competition Boston Other: Recipient of the 2010 Emil Mary Sarah Bilder Regional in March. Slizewski Excellence in Teaching Other: Chair, BC Law Committee Professor Award. on Clerkships for 2010–2011. New Appointments: Appointed to Traveled to the Inns of Court, Recent Publications: “Expounding the ABA Criminal Justice Section’s Mary Ann Chirba London, UK, in Oct. the Law.” The George Washington Immigration Committee and the Associate Professor of Legal Law Review 78 (September 2010): Tort Trial and Insurance Practice Reasoning, Research, and Writing Scott FitzGibbon 1129–1144. “James Madison, Section’s Insurance Regulation Professor Law Student and Demi-Lawyer.” Recent Publications: “ERISA Committee in July. Law and History Review 28 (May Preemption of State ‘Play or Pay’ Recent Publications: “‘Just Like 2010): 389–449. Mandates: How PPACA Clouds Little Dogs’: The Law Should Mark S. Brodin an Already Confusing Picture.” Speak with Veracity and Respect.” Professor Presentations: “Madison’s Hand: Journal of Health Care Law In The Jurisprudence of Marriage Revising the Constitutional Recent Publications: With and Policy 13 (2010): 393–421. and Other Intimate Relationships, Convention,” Program in Michael Avery. Handbook of “Avoiding the Avoidable: Why edited by Scott FitzGibbon, Lynn Constitutional Theory, History, Massachusetts Evidence. 8th ed. State Laws Need to Protect Kids D. Wardle, and A. Scott Loveless, and Law, University of Illinois 2011 Supplement. New York: from Airbags.” Indiana Health 107–141. Buffalo, NY: William College of Law, Champaign, IL, Aspen Publishers/Wolters Kluwer Law Review 7 (2010): 1–22. S. Hein Co., 2010. With Lynn D. in Sept. Law and Business, 2008. Wardle, and A. Scott Loveless, ed. Daniel R. Coquillette The Jurisprudence of Marriage Activities: Participant, Workshop Presentations: “The Supreme J. Donald Monan, SJ, and Other Intimate Relationships. for Visiting Ukrainian Judges, Court’s Decision in Ricci v. DeSte- Professor of Law Buffalo, NY: William S. Hein Co., 2010. Library of Congress Open World fano: A Step Back for Disparate Recent Publications: With R. Leadership exchange, BC Law in Impact and Equal Protection,” Michael Cassidy and Judith A. Presentations: “‘That Man Is Sept. Boston Bar Association Civil McMorrow. Lawyers and Funda- You!’ The Juristic Person and Rights and Civil Liberties Sec- mental Moral Responsibility. 2nd Faithful Love,” Symposium New Appointments: Inducted as a tion in May. Book discussion on ed. New Providence, NJ: Lexis- on the Jurisprudence of the 2010 fellow of the American Bar William P. Homans Jr.: A Life Nexis/Matthew Bender, 2010. Foundation. in Court, Senior Partners for Jus- Family, Bratislava School of Law, Bratislava, Slovakia, in tice, Boston, in June. “William Presentations: “The Challenges May. “Educational Justice and Robert M. Bloom P. Homans Jr.: A Life in Court,” Facing the Federal System of Civil the Recognition of Marriage,” Professor keynote address, BC Law Reunion Procedure” 2010 Civil Litigation Symposium on the Impact of Weekend Half-Century Luncheon Conference, Duke University Presentations: “How the United Same-sex Marriage on Education, in Oct. School of Law, Durham, NC, States Became a Torturer,” “History Brigham Young University Law of Clinical Education in the United in May. “Josiah Quincy, the George D. Brown School, Provo, UT, in Oct. States,” and “The Exclusionary First Reporter,” Massachusetts Robert F. Drinan, SJ, Professor Supreme Judicial Court reception Rule: A Comparative Analysis: Other: Organizer and editor-in- of Law and Interim Dean in June. “Josiah Quincy, the Lost US and Ireland,” University chief of a new online journal, Patriot,” Massachusetts Historical College Dublin, Ireland, in Oct. Activities: Participant, Workshop The International Journal of the Society in Oct. and Nov. for Visiting Ukrainian Judges, Jurisprudence of the Family. Library of Congress Open World Activities: As reporter for the Other: Visiting scholar at Univer- Leadership exchange, BC Law in Brian Galle Standing Committee on Rules of sity College Dublin for fall 2010. Sept. Assistant Professor the Judicial Conference of the E. Joan Blum Other: Named interim dean at BC US, attended meetings of the Recent Publications: “The AMT’s Associate Professor of Legal Law in July. Evidence Committee, Fordham Silver Lining.” Regulation 33 Reasoning, Research, and Writing Law School, New York, NY, (Fall 2010): 24–29. “Conditional and the Bankruptcy Advisory Taxation and the Constitutionality R. Michael Cassidy Recent Publications: Massachu- Professor Committee, New Orleans, LA, in of Health Care Reform.” Yale setts Legal Research. Durham, March; the Standing Committee Law Journal Online 120 NC: Carolina Academic Press, Recent Publications: With on Rules, Washington, DC, in (2010): 27–36. “Keep Charity 2010. Daniel R. Coquillette and June; the Advisory Committee on Charitable.” Texas Law Review Judith A. McMorrow. Lawyers Criminal Rules, Cambridge, MA, 88 (May 2010): 1213–1233. “Is Presentations: Taught Introduc- and Fundamental Moral and the Advisory Committee on Local Consumer Protection Law tion to the US Legal System and Responsibility. 2nd ed. New Bankruptcy, Santa Fe, NM, in a Better Redistributive Mechanism Common Law Reasoning to a Providence, NJ: LexisNexis/ Sept., and the Advisory Committee than the Tax System?” New York delegation from Renmin Univer- Matthew Bender, 2010. on Appellate Rules, Boston, MA, University Annual Survey of sity of Beijing, China, attending in Oct. Attended a meeting of American Law 65 (2010): 525–543. the Insights into US Law program Activities: Panelist, “The Future the Editorial Board of Moore’s at BC Law in Aug. of Legal Education,” Harvard Federal Practice, New York, NY, Presentations: “Recessions and Law School in Oct. Host and in May. Attended a conference on the Social Safety Net,” George Karen Breda moderator, roundtable on ethics the laws of war and military ethics, Mason University School of Law, Legal Information Librarian in criminal practice co-sponsored US Naval War College, Newport, Arlington, VA, in March. “Is Cap and Lecturer in Law by the American Bar Association RI, in June. and Trade Fair to the Poor?” Center

42 BC Law magazine | Fall / Winter 2010 [ F a c u l t y ] for Tax Law and Policy Seminar Kent Greenfield during Disasters and Pandemics: Halle Institute, Emory University Series, University of Pennsylvania Professor A Discussion of Crisis Standards School of Law, Atlanta, GA, in May. Law School, Philadelphia, PA, in of Care for Massachusetts,” Presentations: “The Myth of April and Columbia Law School Massachusetts Medical Society, Choice: Constraints on Decision Gregory A. Kalscheur, SJ Waltham, MA, in June. Panelist, Associate Professor Making in Law and Life,” Center on Transactional Studies “Justice Brennan and Lessons Windsor Law, Windsor, ON, Other: Participant, Jesuit Tertianship Summer Tax Workshop, Columbia of His Era,” Tufts University, Canada, in March. “The Myth program conducted by the Law School, New York, NY, in Waltham, MA, in Oct. of Choice,” Husson Symposium Australian Province of the Society June. “Recessions and the Social on Ethics and the Sacred, Husson of Jesus, January–August 2010. Safety Net,” 2010 Meeting of the University, Bangor, ME, in March. Renée M. Jones American Law and Economics “Unexplored Terrain: Companies, Associate Professor Daniel Kanstroom Association, Princeton University Trade Associations, and Risk,” Professor and Director of the Woodrow Wilson School, Recent Publications: “Will the conference entitled “Citizens International Human Rights Princeton, NJ, in May. “Policy SEC Survive Financial Regulatory United and the Changing Political Program Innovation in Firms and Local Reform?” University of Pittsburgh Role of the Corporation,” Legal and National Governments,” Law Review 71 (Spring 2010): Recent Publications: Conference Studies and Business Ethics Seminar in Federalism and Plural 609–624. “Back to Basics: Why on Privacy and Internet Access to Department, Wharton School, Governance, Emory University Financial Regulatory Overhaul Court Files: Panel Two: “Should University of Pennsylvania, School of Law, Atlanta, GA, Is Overrated.” Entrepreneurial There Be Remote Public Access Philadelphia, PA, in Oct. in May; Institute for Advanced Business Law Journal 4 (2010): to Court Filings in Immigration Studies Seminar on Federalism and 391–406. Cases?” Fordham Law Review 79 Activities: Member, Working Separation of Powers, University of (October 2010): 25–44. Group of the Business Advisory Michigan Law School, Ann Arbor, Presentations: “The SEC’s Council planning directors’ MI, in Aug.; and Washington and Revolving Door: Perceptions Presentations: “The Aftermath of training event for summer 2011. Lee University School of Law, and Realities,” BC Law faculty US Deportation,” University of Lexington, VA, in Oct. workshop in Aug., and the Buenos Aires, Buenos Aires City, Other: Spoke to members of George A. Leet Business Law Argentina, in Oct. the Massachusetts Senate about Symposium, “The Changing Frank J. Garcia possible state legislation to Professor World of Securities Regulation,” Activities: Panelist, “Should There respond to the Supreme Court’s Case Western Reserve University Be Remote Public Access to Court Recent Publications: “Is Free Citizens United decision in May. School of Law, Cleveland, OH, in Filings in Immigration Cases?” Trade ‘Free?’ Is it Even ‘Trade?’ Oct. “Organizing and Outlining Philip D. Reed Lecture: US Judi- Oppression and Consent in Dean M. Hashimoto an Article,” Boston College Eagle cial Conference Subcommittee on Hemispheric Trade Agreements.” Associate Professor Scholars Seminar in Oct. Privacy: Protecting Private Infor- Seattle Journal for Social Justice Activities: Panelist, “Preliminary mation in Court Filings, Fordham 5 (2007): 505–532; reprinted in Massachusetts Department of Activities: Roundtable participant, University School of Law, New Spanish in Derecho, Democracia Y Public Health Advisory Comm- Seminar in Federalism and York, NY, in April. Panelist, “The Economí, edited by Daniel Bonilla ittee Recommendations on Crisis Plural Governance co-hosted by Impact of the Diaspora: Lessons Mldonado, Colin Crawford, Standards of Care,” “For the the Center on Federalism and from Deportees and Impacted and Carmen González. Bogotá, Greater Good: Medical Care Intersystemic Governance and the Communities,” Immigration Law Columbia: Temis: Universidad de los Andes Press, 2010. “Global Law Colloquium: Three Takes on Global Justice.” University of La Berne Law Review 31 (2010): He Knew Them When 323–362.

Activities: As visiting professor, Professor Emeritus Peter A. Donovan sent this taught a globalization seminar, photo from Cape Cod with the following note Monash University Law School, about his “run in” with his former students Melbourne, Australia, in May, Senators John Kerry ’76 and Scott Brown ’85 and Comparative Law in an Era last summer at the Pan Mass Challenge race. of Globalization, Université Paris Ouest-Nanterre La Défense, Paris, France, in Sept. “In addition to teaching them, I became friends with both outside of class. I trained New Appointments: With John John in advocacy the year his team finished as Montgomery ’75, co-chair, BC the national runner-up. I also counseled Scott Law Strategic Planning Commit- in his decision to accept the benefits of the tee. Director, BC Law London Cosmopolitan magazine adventure [for which Program for 2010–2011. he famously posed nude]. I submit this picture Other: Provided consultation as a visual statement of the camaraderie and regarding curriculum reform and mutual respect for others that are some of globalization, University of New the many values lawyers derive from their South Wales Faculty of Law, education at BC Law School.” Sydney, Australia, in May.

www.bc.edu/lawalumni 43 [ F a c u l t y ]

Teachers Workshop 2010, DePaul Symposium, “Legal Perspectives Legal Profession,” International School, Ann Arbor, MI, in Aug. University College of Law, Chi- on the NCAA,” BC Law in Oct. Legal Ethics Conference (ILEC) “The Use of Foreign Law in cago, IL, in May. “Saving Journalism from Itself? IV, Stanford University, Palo Constitutional Interpretation,” Hot News, Copyright Fair Use, and Alto, CA, in July. “Lessons from Workshop for Visiting Ukrainian Other: Appeared on WGBH’s News Aggregation,” symposium, China,” American Women’s Club Judges, Library of Congress Open Greater Boston in Aug. to discuss “Journalism’s Digital Transition: of Toronto, Toronto, ON, Canada, World Leadership exchange, BC merits of the 14th Amendment and Unique Legal Challenges and in Nov. Law in Sept. birthright citizenship. Traveled to Opportunities,” Harvard Law Ecuador to interview government School in April. Activities: Panelist, “Legal Ethics Activities: Commentator, Com- officials about migration and in China and Japan,” ILEC IV, parative Constitutional Law deportees. Activities: Co-organizer, Boston Stanford University, Palo Alto, Roundtable, George Washington College Law Review Symposium CA, in July. Member, Fulbright University Law School, Washing- Sanford N. Katz on the NCAA, BC Law in Oct. Award Committee for 2011–2012 ton, DC, in March. Participant, Darald and Juliet Libby grant applicants from China, 2010 SIAS Summer Institute, Professor of Law Daniel Lyons Hong Kong, and Taiwan. “Comparative Perspectives on Assistant Professor Federalism and the Separation Presentations: “Family Solidarity Alan Minuskin of Powers: Lessons from—and versus Social Solidarity in the Recent Publications: “Technology Associate Clinical Professor United States,” Symposium on Convergence and Federalism: for—National, Supranational, the Jurisprudence of the Family, Who Should Decide the Future of Presentations: “Challenges in Me- and Global Governance,” Uni- Bratislava Law School, Bratislava, Telecommunications Regulation?” diating Landlord–Tenant Dis- versity of Michigan Law School, Slovakia, in May. University of Michigan Journal of putes,” Community Dispute Sett- Ann Arbor, MI, in Aug. Attended Law Reform 43 (2010): 383–434. lement Center (CDSC) teleseminar, a meeting with doctoral students, New Appointments: Named to Cambridge, MA, in April. “The Harvard Law School Graduate the Executive Council of the Ray D. Madoff Law of Surrogacy,” Needham Forum in Oct. Massachusetts Bar Association Professor (MA) Council on Aging in May. Family Law Section. “Drafting Mediated Agreements Presentations: “Dawn of the Dead? Zygmunt J. B. Plater in Summary Process,” CDSC, A Discussion of Immortality and Professor Other: Honored by the Cambridge, MA, in Oct. the Law: The Rising Power of Massachusetts Bar Association Recent Publications: With David the American Dead,” Hudson for fifty continuous years of Activities: Participated in a housing A. Wirth et al., Environmental Institute, Washington, DC, in membership and service to the bar. law training, Brandeis University Law and Policy: Nature, Law, and May. “Immortality and the Law,” and Waltham Alliance to Create Society. 4th ed. New York: Aspen Chilmark Community Center, Thomas C. Kohler Housing, Waltham, MA, in Sept. Publishers, 2010. “Will Laxity and Chilmark, MA, in July, and at Professor Collusion Now Come to an End? the Association of Boston Law Other: Member, Awards Commit- In Deepwater Horizon: Updating Activities: Participant, Labor Librarians November Educational tee of the Association of American the OPA.” The Environmental Law Group Biennial Meeting, Meeting. “The Rising Power of Law Schools Section on Clinical Forum 27, no. 5 (September/ Lake Arrowhead, CA, in June. the American Dead,” Boisi Center Legal Education, 2009–2010. October 2010): 46, 50. Continues as adviser to the Project for Religion and American Public of a Restatement of Employment Life, Boston College in Oct. Mary-Rose Papandrea Presentations: “Oil Spills in Two Law of the European Union. Associate Professor Gulfs,” Institute of Advanced Other: Featured in an article by Jill Study, University of Minnesota, New Appointments: One of Lester, “The Dead Tell No Tales, Other: Appeared on WGBH’s Minneapolis, MN, in Sept. “Oil five American scholars invited but They Still Have Rights,” in the Emily Rooney Show in July Spill in the Gulf: Assessing the to participate in a three-year, Chronicle of Higher Education in to discuss the nomination and Effects and Policy Implications of comparative research project, July. Guest speaker on numerous confirmation of Elena Kagan Our Nation’s Biggest Environmen- “Voices at Work,” funded by the public radio programs on the to the US Supreme Court. As tal Disaster,” plenary session, ABA Leverhulme Trust to investigate subject of her book, Immortality a visiting professor, taught US Section of Environment, Energy, the relationship between law and and the Law: The Rising Power Freedom of Expression, Université and Resources Law Summit Fall workplace participation in the UK, of the American Dead. Paris Ouest-Nanterre La Défense, Meeting, New Orleans, LA, in Canada, Australia, New Zealand, Paris, France, in April. Sept. “Boston College Students in and the US. Judith A. McMorrow the Nation’s Service: Some Envi- Professor Vlad Perju ronmental Protection Initiatives,” Joseph P. Liu Assistant Professor Recent Publications: “Professional Boston College Association of Professor Responsibility in an Uncertain Recent Publications: “Reason Retired Faculty in Oct. Recent Publications: “Toward a Profession: Legal Ethics in China.” and Authority in the European Defense of Fair Use Enablement: Akron Law Review 43 (2010): Court of Justice.” Virginia Journal Activities: Panelist, “New Con- Or How US Copyright Law Is 1081–1105. With R. Michael of International Law 49, no. 2 siderations in the Aftermath of Hurting My Daughter.” Journal, Cassidy and Daniel R. Coquillette. (Winter 2009): 307–377. a Spill,” Environmental Affairs Copyright Society of the U.S.A. Lawyers and Fundamental Moral Law Review Symposium, “Learn- 57, no. 3 (Spring 2010): 423–446. Responsibility. 2nd ed. New Presentations: “Cosmopolitanism ing from Disaster: Lessons for the Providence, NJ: LexisNexis/ and Constitutional Self-Govern- Future from the Gulf of Mexico,” Presentations: “Sports Merchan- Matthew Bender, 2010. ment,” Yale/Stanford Junior Fac- BC Law in Nov. dising, Publicity Rights, and the ulty Forum, Yale Law School, Missing Role of the Sports Fan,” Presentations: “Creation of New Haven, CT, in June and the Other: Taught the Oil and Water: Boston College Law Review Professional Identity in the Chinese University of Michigan Law The Gulf Oil Spill of 2010

44 BC Law magazine | Fall / Winter 2010 [ F a c u l t y ] course, Institute of Advanced Centuries,” Boston College Legal mation available up to June 1, Francine T. Sherman Study, University of Minnesota, History Roundtable, BC Law 2009). In Partnerships: IBFD Clinical Professor and Director of Minneapolis, MN, in Sept. As in Sept. “Islamic Family Law Tax Research Platform. Amster- the Juvenile Rights Advocacy Project chair of the Alaska Sea Grant in the West: Legal and Cultural dam: International Bureau of Fis- Activities: Discussant, MacArthur Significance,” colloquium, Legal Research Team assembled cal Documentation Publications, Foundation Consultation on Girls “Faith-Based Family Dispute after the Exxon Valdez oil spill, 2010. (Online only, by subscrip- in the Juvenile Justice System, Mediation and Arbitration: North has been interviewed extensively tion: http://ip-online2.ibfd.org/ Chicago, IL, in Sept. Moderator American Muslim Contributions in the national and international kbase/) (accessed April 7, 2010). and presenter, 2010 Juvenile and Priorities,” Center for press regarding the Gulf of Mexico Detention Alternatives Initiative Middle Eastern Studies, Harvard oil spill. Organized a group of Diane Ring National Inter-Site Conference, University in Sept. “Muslims, forty students who produced the Professor and Associate Dean Kansas City, MO, in Oct. “Boston College Law School Land Mosques, and the Mid-terms,” for Academic Affairs and Environmental Law Program UCLA School of Law; “Islamic Recent Publications: “Who is New Appointments: Appointed to Gulf of Mexico BP Deepwater Law and Legal Change: The Making International Tax Policy? a two-year term on the National Horizon Blowout Research Internal Critique,” UCLA School International Organizations as Advisory Committee on Violence Project,” a submission to the of Law Human Rights Series; and Power Players in a High Stakes Against Women. National Commission on the BP “Doubt: A History of Authority and Change in Islamic Law, World.” Fordham International Deepwater Horizon Oil Spill and Other: Recipient of a Germaine 7th–16th Centuries,” UCLA Law Journal 33, no. 3 (February Offshore Oil Drilling. Lawrence 2010 Women of Excel- Center for Near Eastern Studies, 2010): 649–722. “United States.” lence Award, the Harvard Club of Los Angeles, CA, in Oct. “Who In Taxation of Permanent Brian J. M. Quinn Boston in Nov. Attended a White Defines and Interprets Islamic Establishments, edited by Irene Assistant Professor House reception commemorat- Law? The Roles of the Ulama and J. J. Burgers et al. Amsterdam: ing Domestic Violence Awareness Recent Publications: “Asset Speci- Non-ulama or Lay Intellectuals,” International Bureau of Fiscal Month in Oct. ficity and Transaction Structures: conference entitled “Rethinking Documentation Publications, A Case Study of @ Home Cor- Shari’a: Who Speaks for Islam? 1993–(Updates 2010). Paul R. Tremblay poration.” Harvard Negotiation Identifying the Key Voices and Clinical Professor Law Review 15 (Spring 2010): their Resonance in the Muslim Presentations: “The Role of 77–113. “Normalizing Match World,” Georgetown University, International Organizations in Recent Publications: “Counseling Rights: Comment on In re Cogent, Washington, DC, in Oct. Shaping Tax Policy,” Tax Policy Community Groups.” Clinical Inc. Shareholder Litigation.” Har- Workshop, Hebrew University Law Review 17, no. 1 (Fall 2010): vard Business Law Review Online Activities: Panelist, “World Lead- of Jerusalem in March. “The 389–468. “Shadow Lawyering: 1 (2010). ership Program: Encounters with Changing Face of International Tax Nonlawyer Practice within Law American and Middle Eastern Val- Scholarship and Its Implications Firms.” Indiana Law Journal 85 Presentations: “Information Asy- ues, Cultures, and Institutions,” for Research, Design, Theory, (Spring 2010): 653–699. mmetries and Post-closing Pricing Washington, DC, in July. Intro- and Methodology,” Sanford E. Adjustments in Merger Agree- duction and remarks, “Conversa- Sarasohn Memorial Conference Presentations: “Counseling Com- ments,” New England Junior tion with Rashad Hussain, White on Critical Issues in International munity Groups,” Clinical Theory Scholars Conference, Suffolk Uni- House Special Envoy to the Orga- and Comparative Taxation, St. Workshop 25th Anniversary Con- versity Law School, Boston in July. nization of Islamic Conference,” Louis University School of Law, St. ference, New York Law School, Masjid Muhammad, Washington, Louis, MO, in April. “International New York, NY, in Oct. With Alicia Activities: Panel moderator, “Put- DC, in Aug. Panelist, “Park 51 Organizations and the Emergence Alvarez, ’85, presented two chap- ting Wilkes into Context,” Fifth Islamic Center Near Ground Zero: of the New Exchange of ters of their forthcoming book Annual Conference, “Fiduciary Issues in Conflict,” sponsored by Information Agreements,” 2010 on transactional clinical practice, Duties in the Closely Held Busi- the Center for Muslim–Christian Law and Society Association UCLA School of Law/University ness 35 Years after Wilkes v. Understanding, Georgetown Uni- Annual Meeting, Chicago, IL, in of London Institute of Advanced Springside Nursing Home,” West- versity, Washington, DC, in Sept. May. Legal Studies Seventh Interna- ern New England College Law tional Conference on Clinical and Business Center for Advanc- New Appointments: Appointed to Other: With Luzi Cavelti. “Harte Legal Education and Scholarship, ing Entrepreneurship, Springfield, the Princeton University Graduate Reacktion auf ein Ablehnung Lake Arrowhead, CA, in Nov. MA, in Oct. Alumni Leadership Council for durch das Parlament?” Neue 2010–2012, and to the Boston Zürcher Zeitung Online, May 31, Activities: Panel moderator, Clini- Other: Editor of the M&A Law College Islamic Civilization and 2010. cal Theory Workshop 25th Anni- Prof Blog, named one of the Societies Program Advisory versary Conference, New York LexisNexis Top 25 Business Law Council. Joan A. Shear Law School, New York, NY, in Blogs of 2010. Legal Information Librarian Oct. Writers-group facilitator, Other: Invited to attend the White and Lecturer in Law Clinical Law Review’s Clinical Intisar A. Rabb Writers’ Workshop, New York House Iftar Dinner as a guest of Presentations: “Ten Things Every Assistant Professor University School of Law, New President Obama in Aug. Law Librarian Needs to Know York, NY, in Oct. Presentations: “Islamic Legal about Copyright” and “Starting Maxims of Criminal Law,” James R. Repetti Off on the Right Track: Avoiding William J. Kenealy, SJ, Professor New England Junior Scholars Mistakes Common to New David A. Wirth of Law and Associate Dean Professor and Director Conference, Suffolk University (and Not-So-New) Instructors,” for Academic Affairs of International Studies Law School, Boston in June. American Association of Law “Doubt Jurisprudence in Early Recent Publications: “United Libraries Annual Meeting and Recent Publications: With Zyg- Islamic Law and Society, 7th–9th States—Partnerships.” (Infor- Conference, Denver, CO, in July. munt J. B. Plater et al. Environ-

www.bc.edu/lawalumni 45 [ a c u l t y ] F law firms to deliver high quality legal work he advises law schools everywhere to do to at the lowest possible price, a difficult gain the competitive edge in the rankings mental Law and Policy: Nature, Law, and prospect with associates’ wages so high. and the marketplace. “Look for the bigger Society. New York: Aspen Publishers, 2010. Particularly for mid- and low-profile legal mission. You should earn your reputation matters, law firms are facing rising compe- for doing something great and go over the Presentations: “Insights into the Administrative tition. head of the rankings,” he says. State,” to a delegation from Renmin Univer- Henderson argues that this state of sity of Beijing, China, attending the Insights He is teaching his students emotional into US Law program at BC Law in Aug. affairs puts pressure on law firms to intelligence and project management. And “International Environmental Law,” Executive change. But how? Henderson’s answer: his scholarship shows why, in the emerging Education Course on Sustainable Development project management. world of “high quality/fixed costs” legal Diplomacy, Wageningen University, Wagenin- Unlike a billable hours regime, project services, elite law school graduates are gen, Netherlands, in June. management is a framework for produc- actually less valuable if all they have going ing quality work while containing costs, for them are their pedigrees. He cites stud- Activities: Participant, International Expert Workshop, “Beyond Mitigation and Adapta- and it requires a new way of working ies showing that academic talent and intel- tion: Towards a New Research Agenda for with clients. It demands teamwork, leader- lectual intelligence do not necessarily trans- International Law to Face the Consequences of ship, joint goal-setting, and people skills. late into organizational productivity. The Climate Change,” Amsterdam Centre for Envi- It means that, to hold down costs, a law students who will make the most produc- ronmental Law and Sustainability, University firm might need to structure its work in tive associates, he claims, will be those who of Amsterdam, Amsterdam, Netherlands, in new ways. The firm might try outsourcing can adjust their practices to their clients’ Sept. some matters—say, electronic discovery to business needs, function well in teams, and Alfred Chueh-chin Yen a firm that specializes in computer foren- understand production metrics. “Anyone Professor and Director of the Emerging sics—or introducing similar cost-saving who relies heavily on pedigrees is going to Enterprises and Business Law Program methods. lose in this game,” Henderson warns. Recent Publications: “A Preliminary First Henderson says that law firm managers If Henderson is right, then the question Amendment Analysis of Legislation Treating have told him that they’d like to see law is whether law firms and law schools can News Aggregation as Copyright Infringement.” schools teach teamwork, emotional intel- adapt to the new professional environment Vanderbilt Journal of Entertainment and Tech- ligence, and project management. When as well as the Bactrian camel adapted to nology Law 12 (2010): 947–975. he hears this, Henderson says, “I quickly the Gobi desert. turn the tables on them as fast as I can and — Jeri Zeder Presentations: “Trademark and the Dynamic say, ‘I’m at Indiana, and you hire at these Construction of the Consumer,” 10th Annual Intellectual Property Scholars Conference, Uni- other schools that are higher ranked than Oil and Water IU. If I build it, will you come? Because if versity of California Berkeley School of Law (continued from page 11) in Aug. you don’t come, then why should I build it?’ ” Gulf Coast communities since April, Activities: Co-organizer, Boston College Law But Henderson is doing more than sharing her experiences in the Gulf of Review Symposium on the NCAA, and co- challenging law firms to confront their Alaska after the wreck of the Exxon editor of the review’s forthcoming symposium issue. prejudices. At Indiana, he is doing what Valdez.

Breaking the Camel’s Back (continued from page 10) and shepherd them to legal specialties. Henderson casts doubts on the relevance of the Cravath system in today’s legal marketplace. During the bull market that preceded the Great Recession, he notes, demand for associates exploded, but the supply remained flat as law firms continued their practice of hiring primarily from the most elite schools. The ensuing salary wars raised associates’ wages sky-high— recall the two-humped camel graph—and legal costs soared. Enter the General Counsel. The GC stands between the corporate client and the law firm, and, like everyone else in the company, is expected to produce while controlling costs. GCs don’t care about the problem law firms face of ensuring that billable hours cover the inflated and rising wages of their associates. GCs just want The BC Law team that researched the Gulf spill report.

46 BC Law magazine | Fall / Winter 2010 Similar to the goal of the students’ A Century of Sis, Boom…Bah! The lunchtime program featured a lively working on the BP commission report, (continued from page 11) discussion—moderated by Emmy Award- the aim of the symposium was to present Conference, made compelling observations winning sports reporter Jeremy Schapp— research and analysis that can be useful to about gender-equity issues confronting col- between Bowl Championship Series found- Congress—including to US Senator John legiate athletics, including the decline in er Roy Kramer and attorney Matthew Kerry ’76 and US Representative Edward female coaching hires, the dearth of wom- Sanderson, who directs a political action Markey ’72, who have been strong advo- en in athletic administration positions, committee dedicated to replacing the BCS cates for reforms—as well as to state and future policy regarding transgendered with a playoff system. The consequence governments, local communities, and the student-athletes. was arguably more theater than a referen- presidential Gulf commission. Pepperdine University School of Law dum on the BCS. But the conversation did Moderating the panel on the impor- Professor Maureen Weston delivered an underscore the system’s apparent dispari- tance of effective regulation was David inspired analysis of NCAA procedures ties relative to how bowl opportunities are Buente, head of the Sidley Austin law firm’s for imposing sanctions against member dispersed and how bowl revenue is shared. environmental group and a member of the institutions that commit bylaw infrac- Subsequent panels included an engag- Boston College Energy and Environment tions. Citing fifty-five instances of schools ing assessment of the compatibility of the Alumni Network (BCEEAN). Participants receiving major sanctions during the past BCS with federal antitrust law by Vermont included Northwestern University Law decade, she noted “the program pays, but Law School Professor Michael McCann. Professor David A. Dana, an expert on risk … does the penalty fit the crime and are His take: The chances of a judgment and policy reviews in potentially hazard- those responsible held accountable?” The against the system are slim. Professor Liu ous settings; and UC Berkeley Law Profes- answer is a resounding no. Punitive mea- discussed sports team merchandising and sor Holly Doremus, a scholar of internal sures generally impact incoming recruits player rights of publicity relative to mod- agency processes and pre-drilling decisions. and current student-athletes rather than ern licensing practices, suggesting that fan Also contributing were Alyson Flournoy, the perpetrators, while penalties don’t interests could be better served by weaker a University of Florida law professor who yet exist for those most often responsible protections of sports franchises’ intellectual has been coordinating research about the for rules violations: head coaches, sports property rights. agents, and athletes who exit school early BP spill from around the country. Rena Also presenting papers at the sym- to turn pro. posium—jointly sponsored by Ropes & Steinzor of the University of Maryland Weston proposes better targeted justice Gray LLP and the Boston College Law School of Law presented on her research and a series of deterrents, recommending Review—were UC Davis School of Law into offshore oil operations in Europe’s clawback provisions in coaches’ contracts, Professor Vikram Amar and Western New North Sea fields, alongside Scottish col- schools’ disgorgement of certain revenues England College School of Law Professor league John Paterson. gained during an infraction period, and Erin Buzuvis. The full texts will appear Panel two was moderated by Cutler J. professional leagues’ sanctioning of agents. in the March issue of the Boston College Cleveland of the Boston University Center She also suggests loosening transfer-eli- Law Review (52:2 B.C. L. Rev. ___ (2011). for Energy and Environmental Studies. gibility restrictions for athletes within a To view the Review online, follow this Attendee Itzchak E. Kornfeld, a visiting penalized program as well as levying finan- link: www.bc.edu/schools/law/lawreviews/ professor at the University of Pennsylvania, cial penalties against pro athletes who were bclawreview.html. worked on offshore oil rigs in the Gulf of complicit in violations as collegians. —Chad Konecky Mexico as an engineer before he began “Right now, college athletics is an his legal studies and research in Louisi- arms race and we’re feeding the arms-race Chad Konecky is a freelance writer and a ana. Vermont Law School Professor Mark beast,” said Weston. program manager for ESPN. Latham contributed ideas on the manage- During the same panel, which focused ment of new technologies, and Wayne on the NCAA and students, Professor Bellotti State University Law Professor Noah D. Yen explored methodologies for effecting (continued from page 15) Hall brought the perspective of a specialist reform in recruiting tactics. Arguing that it in water pollution issues involving multiple is frequently more practical to permit and Bellotti’s first successful bid for office states. regulate certain behaviors than ban them, was in 1962, when he won the seat of lieu- Professor Plater, who chaired the Alaska he proposes that the NCAA allow schools tenant governor. One of the most famous Exxon Valdez commission’s task force, to make formal scholarship agreements door-to-door politicians in the state’s his- provided a link between the two disasters with high school underclassmen provided tory, Bellotti never forgot a face and was and the lessons to be gleaned from them. that such deals are binding. always the first to show up at his own The symposium was sponsored by John Existing regulations unfairly pressure fundraisers so that he could personally D. Hanify ’74 with additional support prospective student-athletes into making thank each person for his or her contri- from the BC Environmental Studies Pro- premature decisions that value sports over bution. “If you were to compare a Bel- gram, the BC Environmental Law Society, academics. By requiring such scholarship lotti campaign to the ones you see today, and BCEEAN. The Environmental Affairs offers be guaranteed for one to four years it would be markedly different,” says Tom Law Review issue containing articles from according to the recruit’s age, the NCAA Kiley. “He used to talk about politicians the symposium goes to press in May, at would disincentivize the pursuit of younger who would lick their finger, hold it up to which time it will be available at www. recruits by making it risky, while providing the wind, and go in that direction. That bc.edu/schools/law/lawreviews/environ more security for those recruits who do wasn’t Frank. He always talked about the mental.html. sign early. things he deeply believed in. He had a con-

www.bc.edu/lawalumni 47 nection to the many generations of voters.” tice and devote themselves full-time to the a political neophyte, ended up winning Despite his father’s constant campaign- state’s legal work. the primary. Massachusetts had slid into ing, Michael Bellotti says Frank always Bellotti also would not allow anyone in a recession, and anti-incumbent fever had made time for his wife and their children. his office to contribute to his campaigns. spread across the state. (Silber, however, “With twelve kids, he wasn’t the coach of John Donohue, who worked as head of ultimately lost to Republican Bill Weld, the basketball team, but if you needed him, the office’s Insurance Division, remembers Bellotti’s old protégé.) That loss was prob- he was there,” says Michael. He recalls when Bellotti announced to his staff that ably the hardest of all for Bellotti to take. how his father was so focused on his family he was running for a second term as AG. “Frank was sixty-seven years old, and he and career he rarely saw the point of more “He called us all into a room and said, ‘Lis- knew and we knew that was it,” says for- leisurely pursuits like golf, which he tried ten, I want you all to know I’m running for mer chief fundraiser Peter Berlandi. just once. “He hit the ball, chased after reelection, and in case you’re wondering Michael Bellotti recalls how, after the it, hit it again, and chased after it again, “ how you can help me, I’ve brought you all election, he and his father worked to clear says Michael. “He said, ‘I don’t have time here,’” Donohue recalls. Bellotti got right a spot in the basement for the stacks of for this’ and never played again.” to the point. “I don’t need your money. I pamphlets and other campaign parapher- After his failed bid against Peabody in don’t need your help,” he said. “You stay nalia Frank Bellotti had accumulated over 1964, Bellotti ran for attorney general in in this office and do great work.” Donohue the last few decades. For the senior Bellotti, 1966 and for governor again in 1970. He says that following Bellotti’s non-plea for it was back to business, even if that busi- lost both races, and at the age of forty-six, help, everyone was stunned into silence. ness was stacking jars to make room for his Bellotti figured his political career was “People did not expect that to be the con- election materials. “He and I were sorting over. “I thought, ‘I’ve had enough of this. versation,” he says. peanut butter jars four days after he lost I’m going back to practicing law and mak- In some of his other accomplishments, the race, organizing the middle cellar,” says ing money,’” he says. But soon, all too Bellotti directed major attention to con- Michael. “I watched him transition right soon, Bellotti started to feel the itch again. sumer protection and hired the best, most back to the private sector. Obviously, he “Unless I was in government or running, I professional lawyers he could find, wheth- was probably hurting inside, but he went was only like 70 percent alive,” he says. So er they’d voted for him or not. Paula Gold right back to work.” in 1974 Bellotti ran for AG again, and this ’67 recalls how surprised she was when Despite his defeat, Bellotti’s career was time the political gods were with him. He Bellotti asked her to be chief of the Con- far from over. Two years before, he’d won his first of three consecutive terms as sumer Protection Division. “I was a Legal helped form Arbella Insurance Group after the state’s top lawyer. Services lawyer in Dorchester. I sued most a major insurance company had pulled out Early on, Bellotti let people know it state agencies,” she says. of the state’s automobile insurance market. would no longer be business as usual in his After his decision to step down as attor- Worried that people would lose their jobs office. He relocated the AG’s headquarters ney general in 1986, Bellotti thought he and that the companies that remained from the State House to a nearby govern- was finished with politics—until his bid would reap unfair profits, Bellotti and ment building, which helped reinforce for governor in 1990. Always the best man Donohue formed a mutual insurance com- the idea that this was the people’s law but never the bridegroom, Bellotti wanted pany owned by policyholders. “Because firm—and not state officials’. Bellotti pro- to give the state’s highest office one more the company is owned by the people who fessionalized the office in numerous ways, shot. This time, though, the electoral tides have the insurance, the policyholders, we most notably by requiring all members of were against him. Out of nowhere, then- could be a more pro-consumer company his staff to refrain from outside law prac- Boston University President John Silber, focused on what’s best for the customers as opposed to the investors,” says Donohue. But Bellotti’s legacy extends beyond the AG’s office and Arbella. Many of his former protégés are now law veterans, working as judges, trial lawyers, and other types of professionals who continue to have a major impact on people’s daily lives. “He was a fabulous mentor,” says Donohue. “He would give you the chance to really stretch and to try things that many of us, being fairly young lawyers, weren’t necessarily qualified to do yet.” “I would let them fly—the people who worked for me,” adds Bellotti. “That’s why they liked it so much there. We’d take on the world if they wanted to.” Reaching even further, Bellotti’s legacy is about a time in politics that doesn’t seem to exist anymore, a time when the term “public service” really meant serving the public. As attorney general, Bellotti con- Dean John Garvey, left, with Bellotti and the other Law Day 2010 recipients. sidered himself a loyal servant to the Com-

48 BC Law magazine | Fall / Winter 2010 monwealth, and he approached his job ing of Section 101 that makes virtually the non-patent incentives that already exist with a deep sense of gratitude. “There will, anything patentable so long as it meets the for making the particular type of innova- I am sure, be better attorneys general than other requirements of the patent act such tion, including lead-time advantages, trade I, but there will never be one who cares as novelty, nonobviousness, and enable- secrets, or first mover advantages. more about you than I do,” Bellotti told his ment. After all, what is there that cannot Unfortunately, after the Bilski deci- audience at the Massachusetts Democratic be characterized as a “process, machine, sion, when it comes to deciding issues like Party Convention in 1986. “In a short manufacture, or composition of matter?” whether genes can be patented, the courts while, I will be leaving office, but tonight Historically, the Patent Office and the will be making decisions without the abil- I want you to know how grateful I am to patent community seemed to agree that ity to consider what outcome best serves you and to the people of my state. With all patents covered only what might be termed society’s interests. The plain text of the the hard times, I would not have missed it, the “technological arts.” No longer, and statute does not prohibit patents on genes, or you, for the world.” this is very significant. Recent years have which qualify as “compositions of matter.” seen patents on methods of doing business, Moreover, both the Constitution and Sec- Jody Santos, an author and documentary tax strategies, and methods of regulating tion 101 refer to patents for “discoveries” filmmaker, teaches journalism at Spring- industries. There are currently pending pat- or he who “discovers.” But gene patents field College. ent applications for movie plots. See www. seem to fall afoul of the judicially cre- plotpatents.com for examples. ated exception to patentability for “laws of

The Tussle over Patent Limits While it is true that the case for inter- nature” and “physical phenomena.” Back preting Section 101 as an invitation for the in 1911, Judge Learned Hand got around (continued from page 37) courts to make common law is somewhat such an objection to the patentability of “more time of the members of the board weaker than the case for common lawmak- adrenaline taken from the adrenal gland by than they could spare from higher duties, ing under the Sherman Antitrust Act, there saying that the isolated and purified adren- the whole was turned over to the judiciary, is nevertheless a good argument for just aline was “for every practical purpose a to be matured into a system.” Looking at such an interpretation. The language of new thing commercially and therapeuti- the history of patentable subject matter Section 101 of the Patent Act has existed cally.” The Myriad case currently pending decisions, Justice Stevens argued that busi- virtually unchanged since 1790, and the before the Federal Circuit involves a patent ness methods had never been considered Court has crafted exceptions to Section on the BRCA1 and BRCA2 genes. Muta- patentable, and that they should not be 101 patentability for some 200 years. tions of these genes correlate to increased now. Unfortunately, the Court has never explic- incidences of breast cancer. Unlike the The majority disagreed. It looked at itly said that it considers Section 101 to adrenaline in Parke-Davis, the BRCA1 and the plain text of Section 101 of the Pat- be a grant of lawmaking authority to the 2 genes are not used as part of a therapeu- ent Act, which states, in full: “Whoever courts, and therefore the case for legislative tic treatment. Rather, Myriad has patented invents or discovers any new and useful ratification of judicial lawmaking is some- the genes so that no one else can perform process, machine, manufacture, or com- what weaker, even though still compelling. the tests for genetic mutations of the genes position of matter, or any new and useful To be sure, the strong case for interpret- that correlate with increased risk of breast improvement thereof, may obtain a patent ing Section 101 as a delegation of lawmak- cancer. therefore, subject to the conditions and ing power in no way supports a general Bilski leaves the Federal Circuit in Myr- requirements of this title.” The majority argument for federal court lawmaking in iad trying to determine whether to apply insisted that the limits of patentable subject the absence of delegation. the plain text of Section 101 (allow gene matter must be governed by the plain text From society’s standpoint, it is a shame patents), the judicially created exception to of the statute. The majority had difficulty that the Supreme Court has now denied Section 101 disallowing patents on “physi- distinguishing longstanding judicially cre- itself the power to create exceptions to pat- cal phenomena” (deny gene patents), or ated exceptions to patentability for such entability. This takes away the Court’s abil- the exception to the exception of Parke- things as “laws of nature, physical phe- ity to make sure that the utilitarian balance Davis, (indeterminate because the genes nomena, and abstract ideas.” While Justice underlying patent law is kept. As I argued are not used for therapeutic purposes, but Anthony Kennedy for the majority argued in an article published last year, Taking doctors sometimes take therapeutic steps that these exceptions to patentability were the Utilitarian Basis of Patent Law Seri- thereafter). Society would be better served “consistent” with patent law’s novelty ously: The Case for Restricting Patentable if courts could update and adapt limita- requirement, he admitted that the excep- Subject Matter, 82 Temple L. Rev. 181 tions on patentable subject matter to serve tions are not required by the plain text (2009), patentable subject matter should current needs for incentivizing innovation. of the statute. He finally relied simply on be decided by a simple utilitarian calcula- The common law approach rejected in Bil- “statutory stare decisis” to account for tion. Patentability of a certain type of inno- ski would allow courts to forgo metaphysi- these exceptions. The majority stressed vation—say business methods—should cal musings about laws of nature and ask that crossing the threshold of patentable be determined by deciding whether the the pertinent question: Is some form of pat- subject matter is only the first step on the increased invention from patentability out- entability needed for researchers to have road to a patent and that the other require- weighs the cost to consumers of monopoly enough incentive to discover correlations ments of the Patent Act, such as novelty, and the increased costs of administering between genetic mutations and illnesses? must be met. All nine justices agreed that the patent system. This cost benefit analy- A common law approach would allow the the other requirements were not met for sis should take into account both the costs Court to be innovative and tailor patent- the risk-hedging process patented by Bilski. of inventing the new process (which may ability to maximize innovation while mini- After Bilski, we are left with a read- be quite high or quite low) as well as all mizing monopoly costs. Thus, the Court

www.bc.edu/lawalumni 49 could determine that the correlation that of Islamic law as the product of human The diversity and dissent inherent in the Myriad researchers discovered between interpretation. Islamic law is known by Islamic law gave leeway for accommodat- mutations of BRCA1 and 2 and breast can- two Arabic terms: shari’a and fiqh. Shari’a ing developments and changes in society cer is patentable, but that the gene is not. literally means “path,” and refers to what over time and place. As they faced novel Unfortunately, such practical and utilitar- Muslims took to be a divinely ordained situations, jurists were constantly remind- ian lawmaking on patentability has been path to justice. However, Muslims under- ed that their understanding of shari’a was denied the courts, at least for now. stood the precise contours of shari’a as never conclusive, yet they took on the role an ideal; how to actualize it was to be as spokesmen and guardians of the rule of This essay draws upon the analysis in Pro- known only to God. Fiqh, which literally law and its moral ideals of justice. fessor Olson’s article, “Taking the Utilitari- means “discernment” or “understanding,” To be sure, jurists did not always live an Basis of Patent Law Seriously: The Case was the human attempt to know and say up to the lofty ideals to which they set for Restricting Patentable Subject Matter,” what shari’a is. A group of Muslim jurists themselves early on. Despite a millennium- in volume 82 of the Temple Law Review took up this task by examining Islam’s long history to the contrary, the past few mentioned above. foundational texts, the Qur’an and the centuries have seen increasing accusations Sunna (the recorded sayings and actions against jurists for taking legal opinions

In Closing of the Prophet Muhammad and some of as conclusive, for failing to oppose moral his companions and family members). The wrongs, and for falling short of keeping (continued from page 72) jurists called the laws derived from these the law in step with changes in time and A taxicab driver there was stabbed in the sources fiqh, and recognized it as their own circumstance. neck for being Muslim while driving. attempt to understand and articulate the Nevertheless, trained Muslim jurists The consequences spread well beyond ideal in terms of particular circumstances consistently maintain that the core tenet the Muslim community, of course. Actions of individual and social life. They could underlying Islamic law is belief in a com- steeped in ignorance that contravene con- never claim certainty that they had arrived passionate God who demands justice, stitutional protections, when unchallenged, at the perfect expression of justice. especially for the most vulnerable and threaten the very character of our country. The uncertainties involved in the pro- oppressed. This is the dominant view of We are a nation founded on constitutional cess of interpretation in the move from the 1.5 billion Muslims worldwide. Islamic guarantees of freedom of religion, freedom shari’a to fiqh allowed for a tremendous law continues to symbolize a system that of speech, and equality. The First Amend- amount of diversity and legal pluralism as champions ideals of justice and moral- ment guarantees freedom of religion with- Islamic law came to be characterized by ity. For the estimated seven to ten million out establishing religion, to ensure rule of multiple, competing interpretations that Muslims in America, it manifests as a com- law by reason rather than religious impo- were deemed equally valid. By the eleventh mitment to positive contributions to local sition or fear. That same Amendment’s century, the hundreds of modes of inter- communities. protection of free speech was designed pretation had settled on four main Sunni There are certainly exceptions. Bin Lad- to allow an open exchange of ideas, to schools and three Shari’a schools. All were en is an example of a fringe extremist who enable Americans to benefit from the somewhat different. All were Islamic law. claims to act in the name of Islam and rich diversity of America’s make-up. The Alongside the diversity in interpretation purports to speak for Islamic law, using Fourteenth Amendment’s commitment to came considerable political dissent. Jurists violent interpretations without precedent equality marked a belated recognition that noted a stark contrast between what they in Islamic legal history. For Muslims and an America true to its best ideals required saw as moral ideals embodied in Islamic jurists in the classical tradition, terrorism opposition to the legacy of slavery and law and realities on the ground. They felt, is completely contrary to Islamic law and to persecution and discrimination of all for example, that the Umayyads, the first outside of Islam’s fold, just as Christians stripes. dynasty to rule over the growing Muslim regard the actions of Timothy McVeigh as Together, these constitutional commit- empire, typically skirted the law, imposed completely beyond the pale of Christianity. ments strongly affirm the notion that our unfair and draconian punishments, and So to pretend that Muslims and Islamic national community is enriched by the used power to benefit the elite with finan- law are a per se threat to America is to positive contributions of all of its members. cial and political gain. For jurists, politi- champion ignorance over information and It is always deeply embarrassing when we cal leadership over Muslims was only to disregard our fundamental freedoms fail to protect them (and thus “save our legitimate so long as it followed God’s law and best ideals. state”) due to ignorance. It behooves us to by giving attention to the egalitarian and It is as President Obama noted during come to some understanding of Islamic law other moral imperatives. On such bases, a fast-breaking ceremony during the Mus- and the Muslim community, against the early jurists drastically limited the applica- lim month of fasting hosted at the White backdrop of the wider American constitution of harsh criminal sanctions, setting the House, which I had the honor of attending: tional canvas. burdens of proof so high that it was nearly “This is America. And our commitment What does shari’a mean, how did Islam- impossible to secure a conviction. For to religious freedom must be unshakeable. ic law operate historically, and what values instance, a conviction for adultery required The principle that people of all faiths are did it represent? Soon after Islam’s advent four eye-witnesses to the act, who would welcome in this country and that they will in the seventh century, Islamic law devel- testify in perfect agreement as to manner, not be treated differently by their govern- oped into a sophisticated system of law time, and place. In medieval Islamic his- ment is essential to who we are. The writ of characterized by a great deal of diversity tory, there is not a single verified record of the Founders must endure.” And it is as he and dissent. a case where witness testimony was able to reiterated on the eve of this year’s anniver- The diversity was endemic to the nature secure a conviction. sary of September 11:

50 BC Law magazine | Fall / Winter 2010 [W]e want to be clear about who Richard E. Ling ’93 is a real estate agent Views: Liberty/Security and the GWOT the enemy is here. It’s a handful, a tiny with Long and Foster in Washington, DC. published by Lambert Academic Publishing minority of people who are engaging in May. She is an attorney in private in horrific acts, and have killed Mus- Jeffrey N. Catalano ’94 is vice president practice in Rhode Island and specializes lims more than anybody else.... [W] of the Massachusetts Bar Association for in immigration law and homeland defense/ e’ve got millions of Muslim Ameri- 2010–2011. He is a partner at Todd & security law. cans, our fellow citizens, in this coun- Weld LLP in Boston and specializes in try. They’re going to school with our medical malpractice, product liability, Fernando M. Pinguelo ’97 was appointed kids. They’re our neighbors. They’re class action litigation, and personal injury by the Supreme Court of New Jersey to our friends. They’re our co-workers. litigation. serve on the Supreme Court Committee And when we start acting as if their on Rules of Evidence for 2009-2011; religion is somehow offensive, what John D. DiTullio ’94 was elected to the addressed the court’s Special Committee are we saying to them? I’ve got Mus- Phoenix Regional Sports Commission on Discovery in Criminal and Quasi- lims who are fighting in Afghanistan Board of Directors. He is a partner in the Criminal Matters on eDiscovery in June; in the uniform of the United States real estate department of Ballard Spahr spoke at the Second Congress on Elec- armed services.… And part of honor- LLP in Phoenix, AZ. tronic Crimes and Forms of Protection ing their service is making sure that in São Paulo, Brazil, in Sept.; and partici- they understand that we don’t differ- Matthew I. Kupferberg ’94 is counsel in pated in a panel discussion, “Ephemeral entiate between them and us. It’s just the health and hospital law practice group Boundaries: Cross-Border Implications of us. And that is a principle that I think at the Newark, NJ, office of Genova, Cloud Computing,” at the ABA Section is going to be very important for us to Burns & Giantomasi. He was previously a of International Law Section 2010 Fall sustain. And I think tomorrow is an senior attorney with a national pharmacy Meeting in Paris in Nov. He is an attorney excellent time for us to reflect on that. benefit management company. in the Bridgewater, NJ, office of Norris McLaughlin & Marcus PA; an adjunct All the rhetoric against Islam and shari’a Thomas K. Ragland ’94, a partner in the professor at Seton Hall University School has had very little to do with historically Washington, DC, office of Duane Morris of Law in Newark; and was named a grounded definitions of Islamic law. The LLP, is co-author of “Terrorism-Related Fulbright Program specialist for his work debates have everything to do with what Inadmissibility Grounds: Litigation in eDiscovery. America represents. Ignorance or informa- Strategies in the US and Canada,” a paper tion; bigotry or freedom? Those fanning he presented at the 2010 Law and Society William T. Russell ’97 is a partner in flames against Muslims and shari’a say Association Annual Meeting in Chicago. the New York office of Venable LLP they are aiming to “save our state,” just as and focuses on technology transactions, the southern gentleman claimed during the Deirdre R. Wheatley-Liss ’95 was ap- life sciences, intellectual property, and Jim Crow era. But which America do they pointed to Montclair State University’s general corporate law. He was previously wish to save? Planned Giving Advisory Council. She is a a partner at DLA Piper in New York, NY. partner in the Parsippany and Toms River, 1 This Constitution, and the Laws of the United NJ, offices of Fein, Such, Kahn & Shepard Peter A. Egan ’98 is a partner in the health States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the PC and specializes in business planning, services practice at Nixon Peabody LLP. Authority of the United States, shall be the supreme taxation, estate planning and administra- He focuses on business, regulatory, and Law of the Land; and the Judges in every State shall tion, and elder law. health care matters from the firm’s Long be bound thereby, any Thing in the Constitution or Island and New York, NY, offices. Laws of any State to the Contrary notwithstanding. Michael E. Mone Jr. ’96 was presented US Constitution, Article VI, Section 1, Clause 2. 2 “Fiery Rhetoric on American Islam,” with guests the 2010 MATA Courageous Advocacy Christopher D. Perry ’98 is co-chair of the Congressman Trent Franks, Reverend Susan Thistle- Award by the Massachusetts Academy Trust and Estates Section of the Boston Bar waite, David Gaubatz, and this author, aired on Au- of Trial Attorneys. He is an attorney at Association. He is senior vice president gust 4, 2010 (available at http://www.onpointradio. Boston-based Esdaile, Barrett & Esdaile and senior fiduciary officer in the Boston org/2010/08/fiery-rhetoric-on-american-islam). and practices in all areas of civil litigation. office of Northern Trust. BC Law Assistant Professor Intisar A. Rabb teaches advanced constitutional Howard L. Brown ’97 is co-author Mark A. Reilly ’99 was appointed Chief law, criminal law, and comparative and of “The Twenty-Fifth Anniversary of Legal Counsel to Massachusetts Governor Islamic law. A 2010 Carnegie Scholar, the Navajo Preference in Employment Deval Patrick in Dec. He was previously she was awarded a grant for her research Act: A Quarter Century of Evolution, Deputy Legal Counsel. on “Islamic Law and Legal Change: The Interpretation, and Application of the Internal Critique,” which examines crimi- Navajo Nation’s Employment Preference Stephen D. Riden ’99 is a founding partner nal law reform in the Muslim world. Laws,” published in the 40th anniversary of Beck Reed Riden LLP, a litigation issue of the New Mexico Law Review. He boutique in Boston. He was previously is a partner in the Flagstaff, AZ, office of senior counsel at Foley & Lardner LLP Class Notes Shorall McGoldrick Brinkmann. in Boston. (continued from page 36) McAndrews, Held & Malloy in Chicago Patty A. Fairweather ’97 is the author Damon P. Hart ’99 is a partner in the and practices intellectual property law. of State Supreme Court Chief Justices’ Boston office of Ogletree, Deakins, Nash,

www.bc.edu/lawalumni 51 Smoak & Stewart PC and focuses on Jeffrey M. Burns ’04 was selected to the Cherry Hill, NJ, office of Flaster litigation and labor and employment participate in the 2010–2011 Public Greenberg PC and focuses on commercial issues. Interest Leadership Program of the Boston litigation matters. Bar Association. He is an associate in the REUNION labor and employment practice group of s ’01 & ’06 Carline M. Durocher ’07 is an associate in 2000 [ ] Greenberg Traurig LLP in Boston. the corporate and securities practice group Gayle A. Taylor ’99 is senior counsel Bryan S. Cho is in-house counsel in the of Pepper Hamilton LLP in Boston. She for the Interpublic Group of Companies, securities investments group at MetLife. was previously an associate in the Boston a global provider of advertising and He was previously an associate at Skad- office of Foley Hoag LLP. marketing services in New York, NY. den, Arps, Slate, Meagher & Flom LLP in New York, NY. Brian P. Dunphy ’07 was selected to Alexander D. Jones ’00 is a partner at participate in the 2010–2011 Public Boston-based Looney & Grossman LLP MacDonald D’Alessandro ’04 ran an Interest Leadership Program of the Boston and concentrates in family law. exciting but unsuccessful campaign Bar Association. He is an associate at against incumbent Stephen Lynch in Mintz, Levin, Cohn, Ferris, Glovsky & Meredith A. Swisher ’00 is a partner at the Democratic primary for the 9th Boston-based Bernkopf Goodman LLP Congressional District of Massachusetts. Popeo PC in Boston and focuses on and specializes in complex business and He is the New England political director litigation and health care matters. real estate litigation. for the Service Employees International Union. Kathleen M. Halloran ’07 is an associate Kevin M. Granahan ’01 is a partner in the in the Boston office of Hanify & King Exton, PA, office of Fox Rothschild LLP Lt. Janelle Y. Kuroda ’04 was honored and concentrates in complex business and and focuses on mergers and acquisitions, with a Mets Military Service Spirit commercial litigation. venture capital, private equity, Award on behalf of all Japanese commercializing intellectual property, and American service members at the first Jane C. Harper ’07 was selected to securities law. annual Japanese Heritage Night with the New York Mets in New York City. participate in the 2010–2011 Public Theodore W. Connolly ’02 is co-author She is manager of the Volunteer Income Interest Leadership Program of the Boston of The Road Out of Debt: Bankruptcy Tax Assistance Program at the Office Bar Association. She is an associate in the and Other Solutions to Your Financial of the Judge Advocate General’s Legal Boston office of Skadden, Arps, Slate, Problems published by Wiley in Aug. He Assistance Policy Division in Washington, Meagher & Flom LLP and works on is an associate at Edwards, Angell, Palmer DC. mergers and acquisitions in its corporate & Dodge LLP in Boston. department. Stacey B. Ardini ’05 was selected to Ileana M. Espinosa Christianson ’03 is participate in the 2010–2011 Public Letao Qin ’07 is an attorney in the patent president-elect of the Bankruptcy Bar Interest Leadership Program of the Boston Association of the Southern District of Bar Association. She is an associate in the preparation and prosecution group of Florida. She is a litigation attorney in the litigation department of Goodwin Procter Coats & Bennett PLLC in Cary, NC. Miami office of Gray-Robinson PA. LLP in Boston. Carl Takei ’07 is a staff attorney at Anaysa Gallardo ’03 is a partner in the Lisa H. Lipman ’05 is a senior associate in the National Prison Project of the general litigation group in the Miami, the Naples, FL, office of Gray-Robinson American Civil Liberties Union (ACLU) FL, office of Cozen O’Connor. She was PA, where she focuses on estate planning, in Washington, DC. He was previously a previously an associate at Shutts & Bowen probate, and wealth transfer. She was staff attorney and fellow of the Tony Dunn LLP in Miami. previously an associate at Cohen & Foundation at the ACLU of the Nation’s Grigsby PC in Bonita Springs, FL. Daniel K. Gelb ’03, a partner at Gelb Capital. & Gelb LLP in Boston, appeared on the Shagha Tousi ’05 was selected to par- ABC’s Nightline Twitter show, “Should ticipate in the 2010–2011 Public Interest Bianca M. Forde ’08 is co-author of “War Cyberbullying Be Illegal?” in New York, Leadership Program of the Boston Bar on Tax Fraud and in Afghanistan: Who NY, in Oct. His comments on cyberbullying Association. She is an associate in the Knew They Were Linked?” published in also appeared in “Privacy Invasions Last litigation practice at Nutter, McClennen the New York Law Journal in May. She Forever” on the New York Times “Room & Fish LLP in Boston. is an associate in the litigation department for Debate” blog. of Dewey & LeBoeuf in New York, NY. James C. Bitanga ’06 is in-house counsel Thomas R. Ayres ’04 was selected to par- for IBM in Singapore. He previously ticipate in the 2010–2011 Public Interest served as clerk for the chief justice of the Julie R. Lackner ’08 is an associate in the Leadership Program of the Boston Bar Supreme Court of the Philippines. Springfield office of Bacon Wilson PC and Association. He is a litigation associate a member of the firm’s estate planning and with Foley Hoag LLP in Boston. Peter J. Tomasco ’06 is an associate in elder department.

52 BC Law magazine | Fall / Winter 2010 Campaign Reaches Halfway Mark by marianne e. lord, associate dean, office of institutional advancement on january 1, 2011, we reached the meridian of the Light the World campaign dateline. We are just shy of the midway mark toward our goal of $50 million, with close to $24 million raised. Although this is the first comprehensive capital campaign in the Law School’s history, it is the fifth in my fundraising career of three decades. In each of the five, as in countless campaigns in fundraising lore, there is a lull in the action, usually around the midpoint. Our Law School campaign was becalmed after the worst economic gale in most of our memories. Oddly, it was with the help of a business organized under the name of an historic tall ship that we regained our momentum. It was a gift that added both balance and direction to our endeavor. Received in January, the $3 million gift for loan repayment assistance from the Arbella Charitable Founda- tion and friends and colleagues of Francis X. Bellotti ’52, speaks to the Law School’s mission of public service and a campaign goal of enhanced affordability for our students. It is worthy of note that Arbella’s is the second of the two largest gifts in BC Law’s history, both of which arrived during this campaign. The first came from Liberty Mutual. Its $3.1 million commitment to establish a professorship and a faculty scholarship prize addressed the strategic priority of enhancing our faculty.

Here is a glimpse behind the numbers Society to support future generations • An array of national and international at others who have helped to bring us with testamentary commitments. law firms, including Ropes & Gray, Hanify this far and are propelling us forward: • A member of our alumni leadership, & King, Bingham McCutchen, Holland • A faculty drive that aims to achieve Jim Champy, and his wife, Lois, who & Knight, Wilmer Hale, and Goulston 100 percent participation to fund stimulated 10 new scholarship & Storrs, whose sponsorships through scholarships for students. endowments with a personal gift the Law Partners Program supported • A student-run effort among 3Ls of $500,000 and a challenge to others such values at BC Law as racial and to commit over $150,000 from 87 to make multiyear pledges that stretched ethnic diversity, public interest fellow- percent of the class for future students their potential and imaginations. ships, cutting-edge scholarship, and com- who choose public interest careers even • A University alumnus who also chal- munity building. in the face of significant tuition debt lenged law alumni to establish named The challenge for the remaining obligations. endowed funds by rewarding them years in this campaign will be to expand • A cohort of nearly 100 alumni who by adding $50,000 to each gift to the network, continue to encourage have become members of the Shaw the Law School scholarship endowment. investment, and to light the way.

Capital Campaign Progress

The Law School Fund FY11 Expenditures

Other 6%

Summer Stipends 17%

PILF 5% LRAP 6% Scholarship 66%

www.bc.edu/lawalumni 53 Arbella, Friends Honor Bellotti

$3 million to support loan repayment assistance

n January, Boston College Law School announced a major gift honoring Francis X. Bellotti ’52 for I his public service and endowing BC Law’s loan repayment assistance program in his name. The gift, $2 million from Arbella Insurance Group, where Bel- the bc law campaign lotti is vice chairman of the board, and $1 million from committee Arbella colleagues and other friends, is the second largest in the Law School’s history. Honorary The gift includes cash and pledges to be paid out Senator John Kerry ’76 over five years and achieves a major Light the World Representative Edward Campaign goal of funding a program in perpetuity to Markey ’72 help graduates in modest-paying public interest jobs. Thomas Reilly ’70 The idea for the gift grew out of conversations Warren Rudman ’60 between former Dean John Garvey and Arbella chairman and CEO John F. Donohue after BC Law gave Representative Robert the St. Thomas More Award to Bellotti at Law Day “Bobby” Scott ’73 last May. Bellotti: “A great honor” “Frank has been a mentor and role model for mul- Chairs/Co-Chairs tiple generations of lawyers who want to dedicate their John Boc ’74 careers to government or public interest jobs,” said David Donohue ’71 Donohue, who was a protégé of Bellotti when Bellotti Christopher Mansfield ’75 was Massachusetts Attorney General. “Creating this endowment in Frank’s name at Boston College Law David Weinstein ’75 School rightly recognizes all he has done over the years to support those committed to public service.” Members “This gift is significant because it is directional; it John Bronzo ’74 points the Law School toward its mission to train law- Joanne Caruso ’86 yers to serve others,” said Marianne Lord, associate James Champy ’68 dean of institutional advancement. “It means so much Kevin Curtin ’88 to our alumni who are doing good in the world, it celebrates our Jesuit, Catholic tradition, and it honors the Barbara Cusumano ’08 life and work of one of our most respected alumni. The John Hanify ’74 Francis X. Bellotti Loan Repayment and Forgiveness Donald Keller ’82 Program is the answer to our prayers to lighten the Donohue: “For all he has done” Michael Lee ’83 debt burden of our graduates.” Joan Lukey ’74 “It is a great honor to have my name associated with this wonderful program and my law school,” said Bellotti. “I have always believed John Montgomery ’75 that public service is the best service. It not only benefits the recipients, it benefits all of us Jeanne Picerne ’92 because it is helping create an entire group of young people committed to making people live Michael J. Puzo ‘77 better, people who need someone on their side. It is a commitment that will stay with them Joseph Vanek ’87 forever.” The existing Loan Repayment Assistance Program (LRAP) has grown considerably over the years as the need has increased. In 2010, more than $330,000 was awarded, five times the total dollars granted a decade ago. The number of recipients has more than tripled during that time, from 20 in 1999 to 79 in 2010. BC Law’s loan repayment assistance program began in 1987 and helped increase the distinction and diversity of the student body, according to History of Boston College: From the Beginnings to 1990. The program’s benefactor was a former faculty member, William F. Willier, whose fund, together with alumni gifts, provided most of the awards into the early 2000s.

54 BC Law magazine | fall / winter 2010 Legacy gifts are part of a deeply rooted tradition at Boston College Law School—and those who make them play a key role in securing the Law School’s future. Donors are recognized as members of the Shaw Society and have remembered the Law School in a life income gift or have named BC Law as a beneficiary of a will, trust, retirement plan, or life insurance policy. Members receive special recognition within the Law School and additional benefits that include invitations to exclusive events and updates on the latest BC Law giving news. Please complete the form below to become a Shaw Society member.

If you have included BC Law in your estate plan, we invite you to complete this form, so that we may enroll you in the Shaw Society. If you would prefer simply to notify the Law School that you have made arrangements that warrant your inclusion in the Shaw Society, please let us know.

CONFIDENTIAL

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Please enroll me/us as a member of the Shaw Society: o I/We may be included in a list of Shaw Society members in BC Law publications

OR o I/We prefer to remain an anonymous member of the Shaw Society

While you may simply wish to inform the Law School that you should be counted among the members of the Shaw Society, if you would like to let us know the nature of what you have done, please feel free to complete the rest of this form: o I / o We have named Boston College Law School as a beneficiary of a will or trust o I / o We have named Boston College Law School as a beneficiary in one or more:

o Life insurance policy o IRA, pension, or other retirement account

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Approximate amount of your gift in today’s dollars: gift designation:

Boston College Law School • Office of Institutional Advancement • Barat House • 885 Centre Street, Newton, MA 02459 Phone: 617-552-8696 • E-mail: [email protected]

www.bc.edu/lawalumni 55 NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES

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56 BC Law magazine | fall / winter 2010 2009–2010 Report on Giving [ R e p o r t o n G i v i n g ]

FROM THE ass o c i a te d e a n of i n s t i t u t i o n a l a d v a n c eme n t

Trending in the Right Direction

B Y M A R i a n n E L OR D

The whole truth for $100,000 shows in its entirety in the alumni met that challenge within months and nothing but the maroon bar for 2005. In 2005 and in of Jim and Lois’ commitment. truth—it was not a the following four years of the pledge, as The story that the chart for 2010 does very good year by each $20,000 pledge payment is made, not tell is that a network of committed the numbers. The the cash values appear in the respective alumni continues to grow and strengthen Commitments and yellow columns. Thus, the upward trend in its resolve to make Boston College Law

CH A RL E S G A U T H IE R Cash History chart for cash gifts received remains relatively School all that it aspires to be. shown below tells intact. Multi-year pledges have assisted Alumni are doing so by giving the story. us in maintaining this trajectory toward generously to the annual fund through The ascending pledge trend line, in our aspirations. reunion and class gift participation, by maroon, dropped precipitously in FY10. The chairman of our Business Advisory remembering BC Law in their estate The challenge is to know that one year Council, Jim Champy ’68, sees clearly plans, and by pledging to create their does not make or break a trend. If you the value of multi-year commitments. own named, endowed funds at the Law look closely at the chart, you will see He and his wife, Lois, encouraged the School for scholarships, loan repayment that the trend line for the yellow bar, commitment of ten new multi-year assistance, faculty research, and the actual cash given each year, did not pledges in FY10 by pledging $500,000 programs. fall so low. The yellow bars include gifts to the endowment funds created by the Thus does this network provide a solid paid on previous years’ promises. For first ten alumni to make a new five-year, underpinning upon which upward trends example, a five-year pledge made in 2005 $50,000 pledge to the Law School. Our are formed and sustained.

The Report on Giving recognizes all donors who made a gift to Boston College Law School during the fiscal Boston College Law School c O M M i tme n t s & C a s h H i s tory year spanning June 1, 2009 to May 31, F Y 9 9 to F Y 1 0 2010. Any gift recorded before June 1, 2009 was part of last year’s totals and report; any gift recorded after May 31, 2010 will be recognized in next year’s report.

Considerable care has gone into the preparation of the Report on Giving. Each donor is very important to us and every effort has been made to ensure that no name has been missed or appears incorrectly. If we have omitted, misspelled, or incorrectly recorded a name, we sincerely apologize. Please bring any errors to our attention. You may contact Christine Kelly, assistant dean, by phone at 617-552-4703, by email at [email protected], or by mail at 885 Centre Street, Newton, MA 02459.

58 BC Law magazine | Fall / Winter 2010 [ R e p o r t o n G i v i n g ] The Dean’s Council Giving Societies

The Dean’s Council recognizes the generosity of the many alumni and friends of Boston College Law School who made leadership commitments of $1,500 or more ($1,000 for graduates of five years or fewer) June 1, 2009 to May 31, 2010.

The St. Thomas More Society ($100,000 or above, cash or pledge) This premier level of the Dean’s Council honors St. Thomas More, who epitomizes the amalgamation of intellect and virtue that we strive for at Boston College Law School. St. Thomas More was a renowned English Renaissance lawyer and scholar, declared by Pope John Paul II “the heavenly Patron of Statesmen and Politicians.” Alumni Friends Helen Lee Fidelity Charitable Gift Roger M. Bougie ’62 Barbara Bougie Raymond T. Mancini Liberty Mutual Group Inc. James A. Champy ’68 Lois Champy The Michael V. Morisi Scholar- David A. T. Donohue ’71 Paul T. Dacier Corporations ship Fund Lidia B. Devonshire ’80 Kimberly L. Dacier and Foundations Michael H. Lee ’83 Pamela Donohue Ayco Charitable Foundation

THE HUBER SOCIETY ($50,000 or above, cash or pledge) This society demonstrates the regard and gratitude felt by so many alumni and faculty toward Dean Richard G. Huber. During his tenure as Dean, he spearheaded additions to the faculty, the acquisition of the current Newton Campus, the first joint degree, and several new law reviews. However, for many, Dean Huber is remembered not only for the great things he did for the Law School, but for his wonderful and caring nature. Alumni Christopher C. Mansfield ’75 Mark V. Nuccio ’83 Friends Janet Lilienthal Frederic N. Halstrom ’70 Mark C. Kelly ’77 Michael K. Fee ’84 Elaine M. Boc Laura Lee Mansfield Paul M. Kane ’70 Kathleen M. McKenna ’78 Joseph M. Vanek ’87 Molly Dyke Dillon Joanne M. Spillane Gary P. Lilienthal ’70 James H. Lerner ’80 Christopher David Dillon ’88 Elizabeth Clancy Fee Richard A. Spillane Jr. Robert D. Keefe ’72 John A. Tarantino ’81 Ellen Ennis Kane Patrice Tarantino John F. Boc ’74 Patricia Kennedy Rocha ’82 Kim Daly Kelly Laura L. Vanek

THE BARAT SOCIETY ($20,000) More than 200 years ago, St. Madeleine Sophie Barat founded the Society of the Sacred Heart. Dedicated to educating women, in 1946 the Society established the Newton College of the Sacred Heart. Our alumni, students, and faculty celebrate the vision, courage, and resolve exhibited by people such as St. Madeleine Sophie Barat. Alumni John J. McHale ’75 Jeanne M. Picerne ’92 John M. Kenney Corporations James F. Stapleton ’57 Jeffrey S. Sabin ’77 Lizanne T. Kenney and Foundations Charles J. Gulino ’59 Debra Brown Steinberg ’79 Friends Sally McHale Dominic Foundation David B. Slater ’59 Robert C. Mendelson ’80 Robin Carey Kristin Montgomery Knez Family Foundation William M. Kargman ’67 John D. Donovan Jr. ’81 Barbara A. Campbell Joe Peterchak KPMG Foundation Arthur G. Wiener ’68 Donald M. Keller Jr. ’82 Janet A. Costello Ronald R. S. Picerne McGrath & Kane Robert V. Costello ’69 Brian J. Knez ’84 Kathleen T. Downing Evelyn Lorch Sabin New Cadaro Realty Trust Richard P. Campbell ’74 Thomas A. Zaccaro ’84 Barbara Vazza Gulino Barbara Slater United Management Corp. John T. Montgomery ’75 Joanne E. Caruso ’85 Donna L. Hale Margaret Stapleton Wallace Minot Leonard David C. Weinstein ’75 James Dawson Carey ’91 Lynn C. Brown Kargman Clare Villari Weinstein Foundation

THE SLIZEWSKI SOCIETY ($10,000) One of the Law School’s most beloved professors, Emil Slizewski ’43 was a legend on campus for his Trusts and Estates course. Unstinting in his research and generous spirit, he provided some of the most rigorous and rewarding educational experiences at the Law School during his half-century of service. This giving society honors Professor Slizewski’s memory and expresses our gratitude for his loyalty, perseverance, and knowledge.

Alumni George M. Kunath ’73 Albert A. Notini ’83 Mary D. Curtin Corporations John J. Curtin ’57 John D. Hanify ’74 James M. Kennedy ’84 Geri DeLuca and Foundations George G. Burke ’59 David Leslie ’74 M. J. Moltenbrey ’84 Mary L. Dupont BC Law Publications Trust Harold Hestnes ’61 Daniel F. Murphy ’75 Kathryn Jean Barton ’87 Barbara F. Hanify Combined Jewish Philanthropies Raymond F. Murphy ’61 Kathleen E. Shannon ’75 David Victor Drubner ’88 Jeffrey G. Huvelle Ernst & Young LLP Anne P. Jones ’61 Hon. Ellen S. Huvelle ’75 Joseph P. Curtin ’90 Steven D. Levy Goulston & Storrs Paul J. McNamara ’65 Leonard F. DeLuca ’77 Kathleen O. Pasqualini ’90 Mary Hallisey McNamara Morgan Stanley Smith Barney William A. McCormack ’67 Kitt Sawitsky ’77 Martin J. Pasqualini ’90 Marybeth Clancy McCormack Global Impact Funding Trust Michael R. Deland ’69 Michael J. Puzo ’77 Edward Kelly ’93 Jane E. Murphy Schwab Fund for Charitable Mark Leddy ’71 Patrick Thomas Jones ’78 Danielle Salvucci Black ’96 Christine Marie Puzo Giving Robert A. O’Neil ’71 Douglas L. Wisner ’78 Carla A. Salvucci ’03 Heather B. Sawitsky Wilmer Cutler Pickering Hale & Robert K. Decelles ’72 Steven A. Wilcox ’80 Nancy Wilcox Dorr LLP Douglass N. Ellis ’72 Clover M. Drinkwater ’81 Friends Maureen E. Wisner Daniel J. Meehan ’72 Sarah Salter Levy ’81 Carolyn Curtin

www.bc.edu/lawalumni 59 [ R e p o r t o n G i v i n g ]

THE SULLIVAN SOCIETY ($5,000) Richard S. Sullivan ’39 was a trailblazer who helped to transform a fledging program in labor and trade law into a major focus at the Law School. His example encourages the Law School to continue its tradition of excellence and forge new traditions in emerging areas of the law. Alumni Richard V. Fitzgerald ’77 William P. Gelnaw ’84 John P. Casey Corporations James J. Mawn ’57 Kenneth D. Arbeeny ’78 David A. McKay ’85 Jill E. Fitzgerald and Foundations David B. Perini ’62 Michael Alan Hacker ’78 Mark C. Michalowski ’85 Michelle Provost Gelnaw Atlantic Trust Group Edward I. Rudman ’62 Gary Stewart Rattet ’78 Geoffrey E. Hobart ’85 Cindy C. Hannigan Bank of America Stephen B. Goldenberg ’67 Lauren Stiller Rikleen ’79 Ann L. Milner ’86 Mary-Beth Henry Charles B. & Louis R. Perini Jon D. Schneider ’68 Thomas F. Dailey ’79 Loretta Rhodes Richard ’88 Jeanne Joy Family Foundation Paul E. Sullivan ’69 Thomas Henry Hannigan ’79 Lisa Marie Ropple ’89 Joseph E. O’Neil The Eleanor F. Langan Hon. Thomas E. Connolly ’69 Adelbert L. Spitzer III ’81 James M. Wilton ’90 Karen C. O’Neil Foundation of 1997 Kurt M. Swenson ’70 Diane Young-Spitzer ’81 John E. Henry ’91 Eileen Callahan Perini ExxonMobil Corporation Alan I. Saltman ’73 Bradford S. Breen ’81 Rodney D. Johnson ’92 Dorothy Prince GivingExpress Online Neal C. Tully ’73 Camille Kamee Fong ’82 Alicia L. Downey ’93 Jane M. Prince Goldberg Family Foundation John F. Bronzo ’74 Helene W. Haddad ’83 Carole J. Rudman Harvard University Walter B. Prince ’74 Mark E. Haddad ’83 Friends Nancy Schneider Merck & Company Inc Robert P. Joy ’75 Deborah Beth Goldberg ’83 Maureen Grealish Arbeeny Anne Spaulding Nehemias Gorin Foundation Kenneth S. Prince ’75 Karen G. Del Ponte ’83 Susan J. Breen Erika Z. Wilton Sander A. Rikleen ’76 Stephen V. Gimigliano ’83 Carole Bronzo

THE HOUGHTELING SOCIETY ($2,500) For nearly a quarter of a century, Professor James L. Houghteling’s intellectual curiosity and enthusiasm touched generations of BC Law students. His passion for learning permeated his classroom teaching and inspired countless lawyers to continue in their exploration of the law well beyond their law school days. Alumni Clyde D. Bergstresser ’74 Faye A. Florence ’84 Friends Corporations Douglas J. MacMaster Jr. ’58 Anthony Michael Devito ’78 Rodolfo Pittaluga ’85 Susan Fentin and Foundations Owen B. Lynch ’59 Stephen Wells Kidder ’78 David P. Fialkow ’85 Patricia Marshall Gay Accenture Foundation J. Owen Todd ’60 Judith Ann Malone ’78 Perri C. Petricca ’85 Todd Jackowitz Astrazeneca LP John R. Shaughnessy ’68 Jaffe D. Dickerson ’75 Hugh G. McCrory ’86 Mary H. La Fiura Fidelity Investments Hon. Thomas R. Murtagh ’69 Kevin P. Phillips ’75 David Mitchell Rievman ’87 Joan MacMaster Goldman Sachs & Co. Gary S. Fentin ’69 Paul D. Moore ’76 Walter K. McDonough ’87 Kimberly M. Markey Holland & Knight LLP Richard R. Zaragoza ’69 Dennis R. La Fiura ’77 Kimberly L. Sachse ’89 James F. Miller Massachusetts Institute of David Thomas Gay ’70 James F. Kavanaugh ’77 Anne Rickard Jackowitz ’89 Carolyn Brady O’Leary Technology Joseph E. O’Leary ’70 David W. Ellis ’81 Anne O’Connor McCrory ’89 Jean Roney Orr MetLife Foundation Richard J. Schulman ’70 Linda J. Hoard ’81 Deborah C. Segal ’90 Eileen M. Todd New York Stock Exchange Lawrence O. Spaulding ’72 Marco E. Adelfio ’82 Robert J. Weber ’92 Patricia M. Weber Nutter McClennen & Fish LLP John K. Markey ’73 Janet Lynn Hoffman ’82 Andrew Peter Borggaard ’96 Packy Scholarship Fund Lawrence R. Sidman ’73 Donal J. Orr ’83 Jennifer M. Borggaard ’96 Petricca Industries Inc. PNC Advisors United Way of Rhode Island

THE DOOLEY SOCIETY ($1,500, $1,000 for recent graduates of five years or fewer) As the Law School’s first dean, Dennis A. Dooley brought vigor and innovation to his vision. His dynamic administrative leadership and engagement with the broader community laid the foundation for the Law School’s future prosperity.

Alumni Joseph J. Recupero ’73 Harry O’Mealia ’81 Cece Cassandra Davenport ’96 Jamey Shachoy Philip H. R. Cahill ’48 Patricia R. Recupero ’73 Barbara M. Senecal ’82 Jonathan Bryan Brooks ’99 Morna Ford Sheehy John P. White ’54 Edith N. Dinneen ’73 Thomas Paul Dale ’82 Katherine Dacey Seib ’06 Linus Travers Francis D. Privitera ’56 Andrew R. Kosloff ’73 Edward F. Fay ’82 Stephen T. Melnick ’06 Victoria Turbini Frances Clohessy Spillane ’58 James M. Micali ’73 William R. Baldiga ’83 Jacqueline Mercier ’07 Michael Nacey ’59 Patricia C. Gunn ’74 Kim L. Chisholm ’83 Nicole D. Newman ’08 Corporations John F. Keenan ’60 Paula Pugh Newett ’74 Joel R. Carpenter ’84 and Foundations John J. Sheehy ’63 Kathleen King Parker ’75 Scott W. Olson ’84 Friends Brown Rudnick Berlack Israels Robert T. Tobin ’64 Stephen Parker ’75 Scott A. Faust ’85 Alexis J. Anderson BNSF Railway Company Robert J. Muldoon ’65 Hon. Denis P. Cohen ’76 Lisa R. Gorman ’85 Mary Joan Apjohn Capital Group Companies Inc. Lawrence A. Maxham ’66 Marianne D. Short ’76 Juan Manuel Acosta ’86 Leslie Everingham Burton The Dorsey & Whitney Kevin B. Callanan ’67 Philip D. O’Neill ’77 Eduardo Cosio ’87 Ann Mahoney Callanan Foundation Peter A. Ambrosini ’68 Philip M. Cedar ’77 Pete Stuart Michaels ’88 Colleen Whitty Di Santo General Electric Company Jeffrey P. Somers ’68 Richard A. Feinstein ’77 Mark Thomas Power ’88 Dr. Jane Hauber Fay Kargman Charitable & Margaret S. Travers ’69 Mary K. Ryan ’77 Robert Emmett McLaughlin ’89 Dr. Dean M. Hashimoto Education Fund Michael E. Mooney ’69 Jovi Tenev ’78 Steven L. Brown ’90 William J. Hemelt Michaels Ward & Rabinovitz Peter W. Fink ’70 Edmund DiSanto ’78 Diane Bunt Power ’90 Gail Kendall LLP Donald C. Hillman ’70 Anne Leary Hemelt ’79 Seong Soo Kim ’90 Judith A. McMorrow MCFL Robert M. Bloom ’71 Edward T. Hinchey ’81 Brenda Ruel Sharton ’90 Barbara J. Muldoon PNC Bank Foundation Paul D. Jarvis ’72 Francis Matthew Lynch ’81 Brigida Benitez ’93 Lynn Rittmaster O’Mealia Walt Disney Co. Foundation Jane Lisman Katz ’72 Nelson G. Apjohn ’81 Thomas R. Burton III ’96 Dorothy Ostrow Winston & Strawn Frank R. Newett ’72 Kenneth M. Bello ’81 David S. Bakst ’96 Richard M. Reilly

60 BC Law magazine | Fall / Winter 2010 [ R e p o r t o n G i v i n g ] Class Giving Report The Law School’s Class Giving Report recognizes the generosity of the many alumni, students and friends who contribute to the school.

1943 1955 Hon. John P. Kelly Michael J. Dorney Crystal C. Campbell Henry J. McCusker Hon. Charles F. Barrett John C. Lombard Jerry Fitzgerald English Samuel J. Concemi Sidney Weinberg Edward J. Capasse Owen B. Lynch Richard M. Gaberman Robert J. Desiderio Richard A. Foley Michael Nacey Richard W. Hanusz Robert C. Engstrom 1947 John A. O’Callaghan Melvin Norris Hon. Herbert H. Hodos Brian J. Farrell Walter F. Sullivan Alfred C. Toegemann Earl F. Pasbach Daniel J. Johnedis Hugo A. Hilgendorff Francis X. Quinlan Anthony A. McManus John W. Kaufmann 1948 1956 Edward L. Richmond Hon. Joseph H. Pellegrino Cyril A. Krenzer Philip H. R. Cahill Wilfred J. Baranick Quinlan J. Shea Dr. Alvan W. Ramler George B. Leahey Charles W. Capraro David J. Fenton Selwyn P. Shine Lewis Rosenberg Thomas M. Marquet Daniel A. Healy Hon. Margaret M. Heckler David B. Slater Ronald Rubley Lawrence A. Maxham Hon. Paul V. Mullaney Paul A. Kelley James C. Vogt John M. Russell Hon. John K. McGuirk Vincent Marzilli Hon. Bruce H. Segal (Ret.) James N. Schmit 1949 Hon. Gerald F. O’Neill 1960 John J. Sheehy Russell Shillaber Robert C. Currivan Francis D. Privitera Joseph Ciccia Paul R. Solomon C. Charles Smith William Gabovitch Hon. John A. Tierney Hon. Dominic F. Cresto John R. Walkey Thomas F. Sullivan Thomas J. Kelly Peter A. Donovan Robert D. O’Leary 1957 Marcel Charles Durot 1964 1967 Hon. Conrad J. Bletzer Sr. David B. Finnegan Charles B. Abbott Hon. Charles A. Abdella 1950 Walter J. E. Carroll Joseph E. Fiore Michael F. Bergan Leland J. Adams Jr. Joseph F. Baffoni Hon. Clifford J. Cawley Robert A. Gorfinkle Edward Bograd John M. Baker Hon. Joseph F. Deegan Jr. Thomas J. Crowley Hon. Edward F. Harrington Richard M. Cotter Stephen P. Beale Ralph S. Inouye John J. Curtin Robert F. Jakubowicz Robert J. Donahue Charles T. Callahan Hon. Kenneth F. McLaughlin Leo A. Egan John F. Keenan William L. Haas Kevin B. Callanan Hon. Mary Beatty Muse Ellen McDonough Good E. Paul Kelly Charles A. Lane Carl J. Cangelosi William E. Hickey Hon. William A. McCarthy Robert P. Leslie Peter S. Casey 1951 Hon. Richard P. Kelleher Hon. Robert C. McGuire Martin J. O’Donnell Leonard F. Conway Hon. Thomas J. Carroll Marie Clogher Malaro Elwynn J. Miller Donald Jude O’Meara Anthony J. DeMarco George P. Khouri John R. Malloy Philip W. Riley Nelson G. Ross Stephen B. Goldenberg Hon. Vincent A. Ragosta James J. Mawn Francis J. Shea Herbert J. Schneider Joseph M. Hall Eugene J. Ratto John J. McCarthy Allan B. Solomon George S. Silverman William M. Kargman William J. Reynolds Edward J. Powers J. Owen Todd James R. Skahan Robert J. Kates Stanley C. Urban Charles M. Rose Joseph H. Spain James H. Klein Thomas P. Salmon 1961 Robert T. Tobin Daniel B. Kulak 1952 Richard K. Scalise Daniel Briansky Jerome M. Tuck James J. Lawlor Francis X. Bellotti James F. Stapleton Raymond I. Bruttomesso Edward A. Lenz Hon. John P. Curley Jr. Michael F. Walsh Arthur J. Caron 1965 Frederick S. Lenz Jerry A. DiNardo Edward E. Williams Richard P. Delaney Howard Jay Alperin Robert E. McCarthy William J. Dooley John J. Desmond Edward M. Bloom William A. McCormack James C. Farrington 1958 Harold Hestnes Alan A. Butchman Michael E. Mone John B. Hogan Martin L. Aronson Anne P. Jones Thomas J. Carey David L. Murphy Hon. John F. Murphy Jr. Walter W. Curcio James A. King Rae B. Condon Gerald F. Petruccelli James P. Quirk Richard D. Fountain Hugo Liepmann Joseph L. De Ambrose Charles P. Reidy Robert C. Robinson Donald G. Harriss Raymond F. Murphy John F. Dobbyn Richard D. Zaiger Albert G. Tierney Raymond J. Kenney Jr. Robert J. Robertory Thomas J. Dorchak Lucille K. Kozlowski Hon. Anthony A. Tafuri Sidney P. Feldman 1968 1953 Douglas J. MacMaster Jr. Peter Van George M. Ford Robert G. Agnoli Hon. Robert C. Campion John Paul McEleney Frank E. Green Peter A. Ambrosini Margaret Egan King Hon. James F. Queenan Jr. 1962 Paul R. Lawless James A. Champy Robert P. Malone Kieran T. Ridge Roger M. Bougie Richard F. Locke Hon. John P. Connor Jr. Paul F. X. Moriarty Lawrence A. Ruttman Pierre O. Caron William J. McDonald Hon. John A. Dooley Lawrence G. Norris Frances Clohessy Spillane John J. Connors John F. McDonough Gerald L. Goodstein Raymond A. Terfera Charles W. Dixon Robert E. McGinness E. J. Holland David W. Walsh 1959 Jay S. Hamelburg Paul J. McNamara John J. Joyce Richard L. Abedon John R. Kenney Robert J. Muldoon Hon. Elizabeth O. LaStaiti 1954 Louis M. Bernstein John James Madden Peter J. Norton David J. Levenson John M. Casey John J. Bilafer Robert J. Martin Hon. Richard W. Norton John R. McFeely Hon. John E. Fenton Jr. George G. Burke David B. Perini Kevin L. O’Brien Charles K. Mone Everett B. Horn Cornelius F. Daly Edward I. Rudman Stuart L. Potter Peter J. Morrissette Hon. Joseph R. Nolan Cornelius S. Donoghue Ernest T. Smith Paul V. Reynolds Michael E. Povich John H. O’Brien Albert E. Good Robert F. Sylvia Thomas H. Trimarco John J. Reid Hon. James A. Redden Francis W. Gorham Walter F. Weldon Paul J. Richmond Hon. Robert T. Wallace James T. Grady 1966 Jon D. Schneider John J. Walsh Charles J. Gulino 1963 Robert F. Arena John R. Shaughnessy John P. White Peter B. Higgins Eugene A. Amelio Paul F. Beatty Walter J. Sidor Raymond D. Ivaska Norman Baker Michael D. Brockelman Jeffrey P. Somers

www.bc.edu/lawalumni 61 [ R e p o r t o n G i v i n g ]

Joseph F. Sullivan Richard S. Moody Willard Krasnow Marcia McCabe Wilbur Paul G. Roberts William C. Sullivan Michael E. Mooney Edward J. Krisor Judith Koch Wyman Peter T. Robertson Robert F. Teaff Hon. Thomas R. Murtagh Gary P. Lilienthal Hon. Barbara J. Rouse Peter W. Thoms Robert J. O’Donnell Peter G. Marino 1972 Alan I. Saltman Robert D. Tobin William J. O’Neil Joseph P. McEttrick William G. Berkson Jeffrey M. Schlossberg Joseph J. Triarsi Joseph Parker Joseph E. O’Leary Raymond G. Bolton Lawrence R. Sidman David Patrick Twomey Lawrence W. Schonbrun Edward M. Padden Samuel J. Bonafede Robert C. Sudmyer Theodore Welburn Gordon N. Schultz Alan K. Posner Peter H. Bronstein Neal C. Tully Arthur G. Wiener Martin B. Shulkin Thomas F. Reilly Paul K. Cascio Joseph P. J. Vrabel James Shumaker Norman C. Sabbey Bruce Chasan Richard M. Whiting 1969 Hon. Mitchell J. Sikora Richard J. Schulman Terrance P. Christenson Hollis Young Richard A. Aborn Michael M. Sullivan Kurt M. Swenson Richard A. Cohen Roger C. Adams Paul E. Sullivan Hon. Mark W. Vaughn John E. Coyne 1974 Carl E. Axelrod Leo W. Tracy Stephen W. Webster Robert L. Dambrov Wendy Kaplan Armour Philip P. Berestecki Margaret S. Travers Robert C. Davis Charles R. Bennett Jr. William H. Bluth Peter J. Tyrrell 1971 Robert K. Decelles Clyde D. Bergstresser Merrill A. Bookstein Barry L. Weisman Robert M. Bloom Douglass N. Ellis Thomas J. Berry Thomas H. Brown James P. Whitters Hon. Raymond J. Brassard Michael S. Greco Matthew T. Birmingham Peter S. Conley John V. Woodard Hon. James J. Brown Georgia Corbett Griffin John F. Boc Paul K. Connolly Richard R. Zaragoza Edwin R. Chyten Hon. Thomas E. Humphrey Mark B. Brenner Hon. Thomas E. Connolly Christopher F. Connolly Paul D. Jarvis John F. Bronzo Felix J. Consilvio 1970 David A. T. Donohue Jane Lisman Katz Stephen J. Buchbinder Robert V. Costello Victor A. Aronow Walter J. Fisher Robert D. Keefe Richard P. Campbell David M. Crowley Louis B. Blumenfeld John J. Gillies Alice Connolly Kelleher Donald D. Carnahan Richard S. Daniels Thomas S. K. Butler William H. Ise Timothy E. Kish James D. Coleman Michael R. Deland Hon. Andrew J. Chwalibog John B. Johnson Stephen Kunken Susan E. Condon James O. Druker Robert C. Ciricillo Raymond J. Kelly James T. McKinlay Lynda M. Connolly Hon. Peter C. Edison Robert S. Cohen Mark Leddy Daniel J. Meehan Loring A. Cook Leo F. Evans Mary M. Connolly William M. Leonard Roland E. Morneau Gregory Cortese William F. Farley Michael J. Dale Aaron A. Lipsky James H. Murray J. Elizabeth Cremens Gary S. Fentin Christopher E. Doyle Gerald F. Lucey Frank R. Newett Hon. Barbara A. Dortch-Okara Joseph F. Flynn Claire Fallon Thomas F. Maffei Neil S. Richman Joseph W. Downs III John J. Forrest John M. Farrington John J. Marotta Alfred L. Singer Mary E. Downs Paul C. Fournier Peter W. Fink Daniel J. Morrissey Mark L. Snyder Richard C. Flanigan Dana H. Gaebe Eugene P. Flynn Robert A. O’Neil Lawrence O. Spaulding James E. Flynn Richard B. Geltman David Thomas Gay Jon S. Oxman Florence A. Wood Hon. Daniel A. Ford David A. Gilbert Charles B. Gibbons Robert E. Piper Erika Schwenn Fox John E. Glovsky James S. Goldberg John B. Pound 1973 Paul A. Francis Hon. Robert V. Greco Frederic N. Halstrom Susan J. Sandler Alan J. Axelrod John Wright Gibbons John R. Hicinbothem Gerald A. Hamelburg William T. Sherry Donald L. Becker John T. Gilbert Stephen L. Johnson Donald C. Hillman Richard E. Simms Lee M. Berger Hon. Robert M. Graham Edward W. Kirk Richard J. Hindlian Hon. John M. Solovan II Dennis J. Berry Patricia C. Gunn Daniel E. Kleinman Fred Hopengarten Judith Soltz Robert Brown John D. Hanify Alan M. Lestz Paul M. Kane Mark Stone Bruce H. Cohen William F. Henri Edward J. Lubitz Hon. Peter J. Kilmartin Maurice H. Sullivan Thomas F. Commito Ronald M. Hershkowitz Alan G. MacDonald Joseph M. Kozak Joseph R. Tafelski Patrick J. Daly Ruth-Arlene W. Howe Edith N. Dinneen John F. Hurley James C. Donnelly Jr. Michael B. Isaacs Robert D. Fleischner Alan J. Kaplan Donald A. Graham Michael B. Katz Terrance J. Hamilton John L. Keefe Boston College Law School Fund Leonard C. Jekanowski E. Tupper Kinder F Y 0 4 to F Y 1 0 Thomas J. Kelley Thomas A. Larsen Andrew R. Kosloff Gary H. Lefkowitz George M. Kunath David Leslie Roger P. Law Benjamin M. Levy Hon. Stephen M. Limon Joan Lukey John K. Markey Daniel J. McInerney Jr. John W. Marshall Philip T. McLaughlin Alan J. McDonald Martin J. McMahon Paul F. McDonough Kevin J. Moynihan Michael B. Meyer Peter A. Mullin Dennis M. Meyers Susan Ness Stuart D. Meyers Paula Pugh Newett James M. Micali Eliot Norman Samuel Mostkoff Richard L. Olewnik John A. Murphy Thomas E. Peisch John B. Murphy Lora C. Pepi John G. Neylon Walter B. Prince James E. O’Connor James M. Puopolo Nicolette M. Pach Robert B. Remar Steven L. Paul Steven J. Seeche Joseph J. Recupero Hon. Sarah B. Singer Patricia R. Recupero Paul B. Smyth

62 BC Law magazine | Fall / Winter 2010 Faculty Support [ R e p o r t o n G i v i n g ]

Donor Michael Lee ’63 Ira B. Sprotzer Hon. Thomas A. Connors “My wife Helen and I are excited that Gerard A. St. Amand Frederick J. Coolbroth Margaret N. St. Clair Daniel Engelstein professors Mary Bilder and Mark Arthur O. Stern Juliet Ann Eurich Christopher J. Sterritt Sara T. Harmon Brodin are the first recipients of the Joseph G. Stiles Vicki L. Hawkins-Jones Michael and Helen Lee Distinguished Robert S. Troy Robert B. Hoffman Leonard S. Volin David A. Howard Scholars Endowment. We look Thomas M. Walsh Thomas P. Jalkut Edward R. Wirtanen Michael D. Jones forward to seeing the endowment Louis C. Zicht Beth A. Kaswan continue to fund the research of senior faculty into the Stephen A. Katz 1975 Sen. John F. Kerry future. It is gratifying to provide BC Law’s talented Susan P. Adler James J. Klopper Berndt W. Anderson Marion K. Littman scholars with the additional resources they need to David M. Banash Deborah M. Lodge Kevin B. Belford Robert P. Lombardi contribute to the advancement of legal thought.” Michael J. Betcher Peter S. Maher Howard W. Burns Daniel P. Matthews Hon. Elizabeth Butler (Ret.) Joyce E. McCourt Robert B. Carpenter Laurie A. McKeown Daniel C. Crane Judith Mizner Jaffe D. Dickerson Denise Corinne Moore Howard L. Drescher Paul D. Moore Steven B. Farbman Thomas Hugh Mug Thomas J. Flaherty Hon. Gilbert J. Nadeau Jr. Thomas E. Fleischer Robert W. Nolting Stephen K. Fogg Alice C. Oliff Kevin P. Glasheen Edward O’Neill Wendy S. Harrison Joseph D. Pizzurro Bruce A. Haverberg Deborah A. Posin Hon. Ellen S. Huvelle Sander A. Rikleen Robert P. Joy Janet Roberts Anne Maxwell Livingston Gerald J. Robinson Paul F. Lorincz Regina S. Rockefeller Robert Mangiaratti Douglas R. Ross Christopher C. Mansfield Marianne D. Short Ronald C. Markoff David M. Siegel Larry J. McElwain Patrick A. Tanigawa Terence A. McGinnis Willie C. Thompson Recipient Mary Bilder Recipient Mark Brodin John J. McHale Dolph J. Vanderpol Ruth E. McNiff Lucy W. West “During the academic “I am very grateful to John T. Montgomery Mark D. Wincek Daniel F. Murphy Eliot Zuckerman year, it is important to me Michael and Helen Lee. Marshall F. Newman to be available to my stu- Their generosity made pos- Jeffrey A. Oppenheim 1977 Mark L. Ostrovsky Pamela J. Anderson dents, who drop in all the sible, among other things, Kathleen King Parker Ronald A. Ball Stephen Parker Esther R. Barnhart time. My book-in-prog- William P. Homans, Jr.: A George E. Pember Edward C. Bassett Marcia Allara Peraza Andrew N. Bernstein ress, Madison’s Hand, Life in Court (Vandeplas: Kevin P. Phillips Mitchell K. Black however, requires some 2010), my biography of Kenneth S. Prince Rebecca Ellen Book Carolyn T. Ross Philip M. Cedar uninterrupted moments. the great Boston civil rights Stephen R. Rubenstein Donald Chou Kathleen E. Shannon Robert P. Corcoran With the financial sup- attorney. It is not just the Donna M. Sherry Leonard F. DeLuca port of the Lees, I have Lees’ financial assistance Eugene A. Skowronski Carl F. Dierker William S. Stowe Thomas J. Douglas been able to shift much of that is, of course, much David S. Strauss Richard A. Feinstein Robert E. Sullivan Joel H. Fishman my research and writing appreciated. The confidence Thomas R. Ventre Richard V. Fitzgerald time to the summer. I can they placed in me is a great David C. Weinstein Edward L. Fitzmaurice Jeffrey M. White Mark S. Furman make great progress on encouragement to continue Carolann Kamens Wiznia Joan A. M. Gearin Martin J. Golub the book and be there for to write and publish.” 1976 Melinda V. Golub my students. I can be a Kirk T. Ah Tye Thomas L. Guidi Mark N. Berman Norma J. Iacovo better scholar and teach- Roger J. Brunelle Anne Leslie Josephson Laurie Burt James F. Kavanaugh er, thanks to the Lees’ Phyllis Cela Douglas Keegan generosity.” Hon. Denis P. Cohen Mark C. Kelly Katherine Litman Cohen Ann I. Killilea

*= reunion year † = deceased www.bc.edu/lawalumni 63 Loan Repayment Assistance [ R e p o r t o n G i v i n g ]

Dennis J. Krumholz Daniel William Sklar Donors Joanne Caruso ’86 Dennis R. La Fiura Robert M. Steeg James F. Lafargue Jovi Tenev and Thomas Zaccaro ’84 Dennis A. Lalli Scott Jay Tucker Stephen R. Lamson Charles Edward Walker “We feel very strongly about James P. Laughlin Douglas L. Wisner Alexandra Leake Laurel G. Yancey public service and giving back Alice Sessions Lonoff to the community. Attorneys Kevin J. Lynch 1979 Thomas E. Lynch Elizabeth Jensen Bailey should be encouraged to John J. MacDonald Theodore F. Berry III Gary M. Markoff Jeffrey I. Bleiweis pursue jobs in the public Patrick J. McAuley Cornelius J. Chapman Christopher G. Mehne Maura Connelly Chasse sector. Students graduating today may not always Carmen Messano Marguerite A. Conan Kathleen M. O’Day James R. Condo have that luxury because they have loans to pay. We Philip D. O’Neill Carmen Cuevas-Scripture were happy to give a gift that makes it possible for Brian G. Osganian Dianne Curran George A. Perry Thomas F. Dailey students to pursue public service when they might not Michael J. Puzo Susan Giroux Dee Diane L. Renfroe Hon. Judith G. Dein otherwise be able to because of education loans.” Rachel Rivlin Anne M. Desouza-Ward Anne Smiley Rogers Mark R. Draymore S. Jane Rose William E. Dwyer Gary A. Rosenberg Richard T. Foote Paula E. Rosin Carolyn Jean Fuchs Mary K. Ryan Benjamin H. Gerson Jeffrey S. Sabin Lee Thomas Gesmer Christine Smith Gray Kitt Sawitsky Donald E. Hacker Barry J. Sheingold Katherine M. Hanna Gary M. Sidell Thomas Henry Hannigan Michael L. Tichnor Anne Leary Hemelt David J. Tracy Charles P. Hopkins Eric T. Turkington John M. Horn Ronald E. Weiss Peter A. Johnson Eileen D. Yacknin Gina B. Kennedy Frederic Lee Klein 1978 Kathleen A. Leary Kenneth D. Arbeeny Jeffrey T. Letzler Jill Nexon Berman Andrew M. Levenson James David Bruno Dennis D. Leybold J. W. Carney Sharon Fay Liebhaber Diane M. Cecero Harry James Magnuson Howard Chu Peter M. McElroy Anthony Michael Devito Matthew L. McGrath Edmund DiSanto Thomas D. Miller Hon. Eileen Bertsch Donahue Timothy Pryor Mulhern Timothy William Donahue Catherine Oliver Murphy Rev. Frederick M. Enman George J. Murphy Barbara Ann Fay Susan J. Newton Maureen L. Fox Elvin C. Nichols Fern Frolin John Robert O’Brien Larry Bruce Guthrie Stephen P. O’Rourke l i u Michael Alan Hacker John C. Possi

Mark A. Helman Barbara D. Ranagan j a so n Mary Jo Hollender Thomas P. Ricciardelli Patrick Thomas Jones Lauren Stiller Rikleen Recipient David Grimaldi ’07 Gordon Philip Katz Howard S. Rosenblum “As a public defender, I represent poor people who Cameron F. Kerry Dorothy G. Sanders Stephen Wells Kidder Richard M. Sandman don’t otherwise have the means to defend themselves. Carol G. Kroch David A. Slacter David Curtis Lucal Debra Brown Steinberg There is nothing I would rather be doing with my Timothy J. Mahoney Marilyn D. Stempler Judith Ann Malone E. Gail Suchman legal education. I was able to choose this career Marilyn Shannon McConaghy Denis J. Sullivan Kathleen M. McKenna Barry S. Turkanis because of BC Law’s Loan Repayment Assistance Thomas H. Murphy Maureen A. Varley Program. When alumni like Joanne Caruso and Douglas Lee Patch Fred D. Weinstein Richard Wright Paul Lynn G. Weissberg Thomas Zaccaro support LRAP, they make public Joaquin German Perez Judy Willis Gary Stewart Rattet Benjamin S. Wolf interest work like mine possible. I am very grateful.” Alan Michael Reisch Norah M. Wylie Thomas M. Saunders Edward R. Zaval Robert J. Schiller Patricia Zincke

64 BC Law magazine | Fall / Winter 2010 *= reunion year † = deceased [ R e p o r t o n G i v i n g ]

1980 David W. Ellis Steven Howard Peck Joel R. Carpenter 1985 Mark J. Albano Bill R. Fenstemaker Carol Frances Relihan Richard L. Carr Alicia Alvarez Hon. Paul J. Barbadoro Joyce E. Fisher Richard Joseph Riley Edward F. Connelly Nancy A. Armstrong Thomas A. Barnico Deborah J. Goddard Patricia Kennedy Rocha Nancy Packer Deutsch Terry Barchenko Kathleen C. Caldwell Stewart H. Grimes Mark Romaneski Paula M. Devereaux Joanne E. Caruso Eva H. Clark Dale R. Harger Martin John Rooney Catherine M. Devine Robert Earle Cleaves Louise Richter Corman Kathryn D. Haslanger David Philip Rosenblatt Pasquale J. D’Orsi Kimberly M. Collins Michael S. Delucia George B. Henderson Barbara M. Senecal William R. Eddows John Phillips Connelly Lidia B. Devonshire Philip H. Hilder Charles P. Shimer Hon. Wilbur P. Edwards Jr. Mark C. Cowan Brian J. Donnell Edward T. Hinchey Peter Gilman Smick John F. Evers Josephine Ragland Darden Hon. Edward F. Donnelly Linda J. Hoard Robert Paul Snell Michael K. Fee Marguerite Dorn Neil S. Ende Ronna D. Howard Andrea S. Umlas Beth Rushford Fernald Polly R. Dowton Lawrence E. Fleder Warren J. Hurwitz Christopher Wayne Zadina Mark D. Fernald Scott A. Faust Jeffrey D. Ginzberg Christopher P. Kauders David Fleshler David P. Fialkow Gary R. Greene Constance K. Kickham 1983 Faye A. Florence Donna B. Ford Carol A. Gross Peter Y. Lee William R. Baldiga William P. Gelnaw Paulette A. Furness Thomas R. Hanna Sarah Salter Levy Ellen Gershon Banov Mary E. Gilligan Lisa R. Gorman Rita Whaley Hanscom James Michael Liston Laurence J. Bird Carole Cattaneo Gori Carolyn D. Greenwood Joseph M. Hinchey Francis Matthew Lynch Kevin J. Bristow Stephanie Miller Greene Joseph M. Hamilton Stephen J. Imbriglia Joseph A. Martignetti Thomas Buonocore Mark H. Grimm Geoffrey E. Hobart Ann Kendall James P. Maxwell Patricia Byrd Linda M. Clifford Hadley Nina V. Huber Catherine Norman Keuthen Lisa A. Melnick Kim L. Chisholm Hon. William P. Hadley Maria Hickey Jacobson James H. Lerner Joseph E. Mitchell Michael Collins James S. Harrington Karen V. Kelly Michael F. Magistrali Elizabeth R. Moynihan Karen G. Del Ponte Hon. Leslie E. Harris Renée M. Landers Richard G. McLaughry George W. Mykulak Stephen R. Dinsmore David F. Hassett John F. Lawler Robert C. Mendelson Elaine Kilburn Nichols Raquel M. Dulzaides-Gonzalez Brian T. Hatch Wendy B. Levine John N. Montalbano Harry O’Mealia Doris J. Gallegos Susan A. Hays Anne Cushing Magner Janet Wilson Moore Ann L. Palmieri Bobby B. Gillenwater Ralph F. Holmes Nicole Mauro Gary B. O’Connor Thomas A. Potter Stephen V. Gimigliano Nancy Mayer Hughes James G. McGiffin Thomas O’Halloran Harriet T. Reynolds Barry E. Gold Marcia E. Jackson Lisa M. McGrath David J. Oliveira Thomas M. Rickart Deborah Beth Goldberg Christopher M. Jantzen David A. McKay Jane Serene Raskin Catherine F. Shortsleeve Helene W. Haddad James M. Kennedy Mark C. Michalowski James F. Raymond Adelbert L. Spitzer III Mark E. Haddad Brian J. Knez Peter M. Michelson James R. Repetti Eric L. Stern Randall G. Hesser Robert J. Lanney David T. Miele Susan L. Repetti Barbara D. Sullivan Evans Huber Donna J. Law Darrell Mook Fradique A. Rocha John A. Tarantino Mary R. Jeka Sandra Leung Laura A. More Michael Roitman Anne B. Terhune Denis King Eifiona L. Main Michelle A. Mullee Nathaniel M. Rosenblatt Diane Young-Spitzer Michael H. Lee Stanley A. Martin Carol G. Mullin Linda J. Sanderson Leonard F. Zandrow Celeste V. Lopes Lauren C. Mazzella Michael F. O’Friel Hon. Robert N. Scola Jr. Joan Zorza Nancy S. Malmquist Patrick McNamara Herbert G. Ogden Larry G. J. Shapiro Kathleen A. McGuire Robert L. Miskell Margaret J. Palladino Francine T. Sherman 1982 Michael J. McLane Debra Chervinsky Moll Gregg J. Pasquale Winthrop A. Short Marco E. Adelfio Jeanne M. Medeiros Jonathan Lawrence Moll Ann F. Pauly Debbie-Ann Sklar Betsy Haas Anderson Jonathan E. Moskin M. J. Moltenbrey Perri C. Petricca Roger W. Smith Paul Joseph Ayoub Albert A. Notini Thomas K. Morgan Rodolfo Pittaluga Dana J. St. James Vincent Charles Baird Mark V. Nuccio Charlotte S. Murphy Michael J. Richman Mark W. Stockman Thomas Leon Barrette Donal J. Orr Maureen Murphy Erica Rosenberg Alan R. Stone Mark T. Beaudouin David C. Phalen Betts Howes Murray Judith Duker Rosenberg Steven A. Wilcox Michael John Bevilacqua Mitchell P. Portnoy Alan S. Musgrave Michael L. Roy Nancy R. Wilsker Laurel Kirchhoff Bristow David A. Rozenson Linda E. Neary Sharon R. Ryan Dion C. Wilson Jeffrey A. Clopeck Frank J. San Martin Barbara A. O’Donnell Lloyd Elliot Selbst Thomas Paul Dale Beatriz M. Schinness Scott W. Olson Anne Tucker Shulman 1981 Morris Hugh Deutsch Stephen J. Seleman James B. Peloquin Mary Ellen P. Sowyrda Christopher B. Andrews Edward F. Fay Mark D. Seltzer DeWayne A. Powell Deborah S. Steenland Nelson G. Apjohn Camille Kamee Fong Leslie A. Shimer Barbara Zicht Richmond Jane W. Straus Kenneth M. Bello Barbara B. Foster Jeanne E. Smith Angeles T. Rodriguez Jane E. Sullivan Pilar Bosch Ellen Frank Kurt F. Somerville Carolyn M. Ryan David E. Surprenant Bradford S. Breen Virginia Warren Fruhan Barbara Anne Sousa Paula M. Sarro Karen Barrios Vazquez Peter R. Brown Paul J. Gallagher Ina Staris Heidi A. Schiller Janet E. Butler Edward A. Giedgowd James N. Tamposi Lisa Fein Siegel 1986 John M. Carroll Edith Adina Goldman Douglas G. Verge Virginia Stanton Smith Jonathan B. Abram Robert C. Chamberlain Robert L. Goodale Gary E. Walker Charla Bizios Stevens Juan Manuel Acosta Robert L. Ciotti Kevin T. Grady Kenju Watanabe John E. Stoddard III Therese Azcue Richard G. Convicer Patrick Lawrence Grady Jody Pullen Williams Evelynne L. Swagerty Susan L. Beaumont Donald D. Cooper Andrew Clark Griesinger Alexander C. Tang Colleen Creevy Cording John O. Cunningham Barbara Hamelburg 1984 Christopher R. Vaccaro Eric D. Daniels James L. Dahlberg John A. Herbers Anne F. Ackenhusen Helen C. Velie Nancy Mammel Davids Mary K. Denevi Norma Jeanne Herbers Gail L. Anderson Patric M. Verrone Donald Faulkner Dickey Deirdre E. Donahue John M. Hession Sheila Lewinger Arons Mark F. Weaver Thomas H. Durkin Hon. David Taylor Donnelly Janet Lynn Hoffman Dawn I. Austin Valerie M. Welch Suzanne Worrell Gemma John D. Donovan Jr. Donald M. Keller Jr. Joel E. Benard-Cutler Elaine Boyle White Annamarie DiBartolo Haught Mark W. Dost Cindy A. Laquidara Timothy B. Borchers Lisa C. Wood Susan M. Jeghelian Clover M. Drinkwater Alice Marie MacDermott Stephen W. Brice Karin J. Yen Maria L. Jose Thomas J. Driscoll Paul Joseph Murphy Lyman G. Bullard Thomas A. Zaccaro Michael Frederick Klein

www.bc.edu/lawalumni 65 [ R e p o r t o n G i v i n g ]

James Arthur Kobe Bonnie C. Rowe Joseph P. Cistulli Thomas H. Hayman George G. Burke Donald Lee Lavi Peter Eric Ruhlin Peter Franklin Corless Micheline K. Hershey Lucy Manning Canavan Robert D. Leikind Pamela Drugge Rusk Charlotte J. Crutchfield Rebecca A. Ivry Robert John Cerny Valerie S. Libby Carol E. Schultze Deirdre A. Cunnane Walter E. Judge Andrew Ward Cohen Scott P. Lopez Dr. Rita Arlene Sheffey Kenneth G. Curran Seong Soo Kim Glenn Deegan Mary T. Marshall Melissa Jo Shufro Jeffrey A. DeMaso William S. Landay Maureen Broe Dodig William F. Martin Jay Evan Sicklick Cecile Garcia Desmond Vivian Liu-Somers Maureen C. Dwyer Hugh G. McCrory Timothy M. Smith Silvia Maria Esposito Jeffrey Michael Lovely Stephen V. Falanga Thomas R. Melville Richard W. Stacey Mary Fahy Michele C. Lukban April Pancella Haupt Paul Michienzie Graham Leslie Teall Lynda Beth Furash Hon. Lourdes Martinez-Esquivel Brigid Kane Hurley Ann L. Milner Joseph M. Vanek David Harvey Ganz Alicia Mawn-Mahlau Rodney D. Johnson Bernard T. Neuner Joan Ottalie Vorster Irene Raphael Good Sam A. Mawn-Mahlau Alison Napack Kallman Mariclare O’Neal Teresa J. Walsh Bess Beikoussis Gorman Kevin J. McCaughey Tamsin Kaplan Caroline L. Orlando Kimberly Warren Carolyn V. Grady Maura K. McKeever Patricia A. Markus Susan Perdomo Blankenship Alan Wein Glenn Anthony Gulino Dennis E. McKenna Elizabeth Anne Martin Richard G. Rathmann John Wipfler Michael Bryan Hartnett Rosemary E. Mullaly Thomas Owen Moriarty Henry R. Rouda Stephen Carl Wolf Judith Buckley Hayman Colleen M. Murphy Lynne Alix Morrison Kurt N. Schwartz Edmund Patrick Hurley Patricia E. Muse Valerie J. Nevel Brian D. Shonk 1988 John J. Isaza Mary Ellen Natale Jeanne M. Picerne Diane L. Silver A. Brian Albritton Anne Rickard Jackowitz Aaron Martin Nisenson Dennis Charles Quinn Lisa A. Sinclair Catherine Lashar Baumann Anjali Jesseramsing Terrance P. O’Grady Richard Paul Rhodes Howard J. Stanislawski Ann Bernhardt Scibelli Michael Gordon Jones Kathleen O. Pasqualini Julie A. Rossetti Warren E. Tolman Brian A. Berube Mitchell Seth Kessler Martin J. Pasqualini Mark Anthony Schemmel Mark D. Wiseman Russell G. Bogin Jane P. Kourtis Stephen Joseph Pender Mark F. Tatelbaum Kevin S. Wrege David Edward Brown Julianne Kurdila Maribeth Petrizzi Jeffrey D. Thielman Marcia Belmonte Young David Kerr Chivers Christine C. Lachnicht Deirdre O’Connor Quinn Elizabeth S. Torkelsen Kevin J. Curtin Mary Elizabeth Langer Amy Dwyer Ravitz Steven Miles Torkelsen 1987 C. J. Deupi Lindsay Li Maria C. Rodriguez James P. Warner Maris L. Abbene Christopher David Dillon Sandra Lee Littleton Steven M. Roses Robert J. Weber Janet Kei Adachi David Victor Drubner Joseph Lucci Lori A. Rutledge Wendy Wodarski Catherine Arcabascio Elizabeth Russell Freeman Virginia Chung Lucci Deborah C. Segal Edward Gomes Avila Royal C. Gardner Kevin J. Lyons Laura Ryan Shachoy 1993 Joseph H. Baldiga Zeb Gleason Colleen Carney Maher Brenda Ruel Sharton Laura Scanlan Beliveau Kevin L. Barron David John Gorman Deirdre Watson S. Martin Daniel C. Stockford Brigida Benitez Kathryn Jean Barton Lori Ellen Grifa Howard Wilbur Martin Rajaram Suryanarayan Stephen D. Browning Richard J. Bedell James P. Hawkins Robert John Masonis James M. Wilton Linda J. Carbone Charles Dunstan Boddy Quinn Joseph Hebert Anne O’Connor McCrory Michael John Cayer Estelle Susan Burg Michael Albert Hickey Kristin Eagles McIntosh 1991 Koren L. Christensen Aylene Marion Calnan Evelyn Palmon Howell Robert Emmett McLaughlin Denise Ann Ackerman Kristin Lynn Cihak Kathleen McLeod Caminiti Susan Shaw Hulbert Mary Rose Migliazza Christopher Caperton Carol Jeanne D’Alessandro Patricia J. Campanella Mary Jo Johnson Alicia M. Milligan James Dawson Carey Robert Frank D’Alessandro Sukjin Cho John Edward Jones Jean Christine O’Neill Erin Theresa Cashman John A. Dolan Colin A. Coleman Theresa A. Kelly Carl Francis Patka Socheat Chea Elizabeth H. Dow Eduardo Cosio James Thomas Kerner Bruce William Raphael Jay F. Cortellini Alicia L. Downey James Joseph Coviello Mark B. Lavoie Joseph Francis Riga Stephen James Curley John Bradley Ellis Margaret B. Crockett Mark Alfred Longietti Adam C. Robitaille Karen Ann Ecker Jason Arlin Farber Dennis Michael Duffy Pete Stuart Michaels Lisa Marie Ropple Charles Fayerweather Peter Gannon Anne Meade Falvey Johnnel Lee Nakamura Kimberly L. Sachse Susan Marie Finegan Martin Francis Gaynor Eileen Mary Fields Reese Rikio Nakamura Paul E. Salamanca Andrew Mark Goldberg Gladis Camilien Griffith Richard J. Gallogly Janeen Ann A. Olds Tommy Ming-Pao Shi Joan Rachel Goldfarb Lisa H. Hall Larry Goanos Donald Willard Parker Barbara Lynne Siegel Miranda Pickells Gooding Matthew Samuel Hall Diane Marie Gorrow Miriam Rita Popp Kevin John Simard John E. Henry Edward Kelly William A. Hazel Mark Thomas Power Linda Sandstrom Simard Douglas Hiroshi Inouye Emily J. Lawrence Thomas Albert Hippler Elizabeth Rice-Merryweather Lawrence P. Stadulis Rebecca Anne Kirch Thomas F. Maloney Scott J. Jordan Loretta Rhodes Richard Charles William Stavros Michael W. Klein Andres L. Navarrete John Michael Kelly Deirdre R. Rosenberg Kathleen Basso Street Steven S. Locke Christine Conley Palladino Michelle S. LaBrecque Mark Constantine Rouvalis Mark Joseph Warner Kelly Wilkins MacHenry Donna M. Parisi Gary D. Levine Kimberly Rozak Kenneth F. Whitted Sally Malave Kenneth J. Samuel Patricia Jansak Lewis John George Rusk Elizabeth Catherine Wu Mark P. McAuliffe Sean E. Spillane Macon P. Magee Richard Brian Schafer David Ronald Yannetti Pegeen Mulhern Elizabeth Z. Stavisky Deborah Brennan Magri Edwin J. Seda Fernandez Robert M. O’Connell Elizabeth A. Talia William Edward Martin Sally A. Walker 1990 Laurie A. Owen Beth A. Vignati Walter K. McDonough Michael John Wall Timothy F. Anderson Kayser Oskar Sume Susan Marie Walls Anne Craige McNay Kathleen E. Woodward Albert P. Bedecarre Michael A. Tesner Josephine McNeil Ivelisse J. Berio LeBeau Stephanie D. Thompson 1994 John Andrew Meltaus 1989 Steven L. Brown William John Thompson Bridget M. Bettigole William A. Navarro Mark Richard Allen Diane Bunt Power Willis G. Wang Kyle Bettigole Lauren Beth Nigro Maria R. Baguer Timothy J. Byrne Michael J. Waxman Kathleen F. Burke Peter Anthony Palmer Donna Lynne Biderman Thomas M. Camp Terri Leigh Yahia James Michael Cantwell Constantine Papademetriou Mitchell Scott Bloom Joseph P. Curtin Edward J. Carbone Mildred Quinones-Holmes Andrea Jane Brantner Brian C. Dunning 1992 Dina M. Ciarimboli David Mitchell Rievman Lynn Rooney Brennan Carol Ann Dunning Mary Ellen Alessandro Don Joseph Julio Cordell Jon Randall Roellke Lois J. Bruinooge Marilyn French Isabel Barney Bedana Leah Crunkleton Ninoska Rosado Peter S. Canelias Jessica D. Gray Mark L. Belanger Buckmaster De Wolf

66 BC Law magazine | Fall / Winter 2009 Scholarship [ R e p o r t o n G i v i n g ]

Donor Robert T. Tobin ’64 Cynthia Hallock Deegan Lisa M. Ortiz Martin Scott Ebel Denise Ann Pelletier “In 1961, Dean Drinan came to Jane Beatrice Eiselein Philip Privitera Lorne M. Fienberg Ingrid C. Schroffner Manhattan College and invited me Christine Grochowski Kimberly Kirsten Short John Haggerty Shaun B. Spencer to attend BC Law. I couldn’t afford Lise Hamilton Hall Joan E. Tagliareni Stephanie Anne Hartung Timothy J. Turner the tuition and the room and board. Michael Heningburg Andrew F. Upton He offered me a deal: a first-year William S. Hewitt Carlos Zimmerman-Diaz Mary Catherine Hoben Jill Zimmerman-Diaz scholarship with the promise of Jonathan W. Hugg David Hobum Hwang 1996 more assistance if I performed well. I wound up with Brian J. King David S. Bakst Nancy M. Kirk Danielle Salvucci Black scholarships and other financial assistance for all three Kathryn L. Leach Andrew Peter Borggaard Ann Farrell Leslie Jennifer M. Borggaard years, graduated, and went on to a career in patent Brian J. Leslie Andre Burrell law at New York’s Kenyon & Kenyon, from which I Paul Warren Lindstrom Thomas R. Burton III Karen Ann Loin Anna C. Caspersen retired after forty-two years. I established the Tobin Christopher Mace Lucas Laurie Aurelia Cerveny Kelly Mulvoy Mangan Edward Shieh Cheng Scholarship for students interested in a career in patent Brian Martinuzzi Cece Cassandra Davenport Stephanie H. Masiello Yaron Dori law to give other people the tremendous opportunity Laura Jean McCollum Robert Shear Fletcher that Father Drinan and BC Law gave to me.” Maureen A. McLoughlin James P. Hoban Leigh Mello Arnold Welles Hunnewell Julia M. Morris Philip Charles Jack Caitlin Mullin Elizabeth A. Janis Terrence J. Murray Pamela Y. Johnson Helen O’Rourke Emma Renee LeFevre Ann R. Parker Raphael Licht Melissa Polaner Peter David Lindau Yolanda Williams Rabun William Joseph Lundregan Rosemary Ratcliff Thomas Patrick Lynch Kathryn E. Rodolakis Jeffrey Charles Morgan John Sheridan Kate Moriarty Anne Stuart Lisa Allen Rockett Joon Hyun Sung Kristen Schuler Scammon Carlos Eduardo Vasquez Richard B. Shane Elaine Shimkin Ventola Alexis Shapiro John F. Ventola Jill Emily Shugrue Kimberly White Erin O. Sibley William Harold Stassen 1995 David Francis Whelton Garrett J. Bradley Heather M. Bradley 1997 David William Brown John T. Battaglia Mark A. Burnham Channing Bennett Christopher A. Callanan Bettye Ann Blatman Daniel T. Cavarello Peter G. Brassard Lise Renee Connell-Blake Guillermo Email Cabrera SU ZI C AMA R ATA Susan Christine Ellison Brian Patrick Carey Robert and Susan Tobin are flanked, from left, by their scholarship recipients, Rebecca H. Ethier Tracy A. Catapano-Fox Jonathan Roses ’09, Igor Helman ’10, and Patrick Driscoll ’11. Scot Edward Gabriel David Cerveny Glenn Gates Kendra Marie Chencus Joshua S. Goodman Bruce Cohen Recipient Patrick Driscoll ’11 Christopher D. T. Guiffre Beth Criswell David Hammer Brian E. Falvey “Before coming to law school, figuring out how George H. Harris Amy Reinhart Gaffney Joseph Laurence Harrold David D. Gammell I was going to pay for it was a real concern. The John J. Hitt Nicole R. Hadas Stephen Everett Hughes Mark Stephen Kaduboski Tobin Scholarship made all the difference. I am Melinda Jan Kent James Ramon Kasinger extremely grateful to Mr. Tobin for his continued Stephen Allan Kremer John Kavanagh Edouard Charles LeFevre Janna C. Luce support, which is especially important to me Sandra Lespinasse Cameron S. Matheson Jylene Marie Livengood Thomas James Murphy during this difficult economy. My scholarship has Emily Powers Lori Laurence Patrick Naughton Pamela B. Lyons Abigail Sterling Olsen freed me to concentrate on my legal education Joseph P. Mingolla Brian J. O’Rourke Lisa Nalchajian Mingolla Barbara J. Osborne and prepare for a future career in patent law.” Nicole Shurman Murray Kelly Noelle Pikus John D. Norberg Matthew M. Rosini

www.bc.edu/lawalumni 67 [ R e p o r t o n G i v i n g ]

Elizabeth A. Rover Bailey Stephen D. Riden Jan Robin Rohlicek Brian C. Foley 2006 Timothy F. Silva Sheila A. Sadighi Jack Charles Schecter David J. Galalis Asna Afzal Bruce Skillin Beth Ann Schultz Brad K. Schwartz Lawrence Gatei Robert S. Ben Ezra Beth C. Van Pelt Heather Suffin Delaney William Sellers Michael Z. Goldman Sarah M. Bock Jonathan A. C. Wise James Michael Tierney Karen Smith Mullen Tanya H. Goldsmith Jordan I. Brackett Kathleen Theresa Toomey David B. Stadnik Maria Isabel S. Guerrero Rebecca K. Brink 1998 Christian J. Urbano Courtney D. Trombly Katherine M. Hartigan Daniel E. Burgoyne Myles Keough Bartley Sarah Anne Weersing Una Y. Kang David J. Cohen Darcie P. L. Beaudin Michele Davis Welsh 2002 Lisa B. Katz Joyce K. Dalrymple Michael Paul Benedek H. Lamar Willis Earl S. Adams Janelle Y. Kuroda Maureen S. Dixon Patrick Charles Closson Eric R. Chase Kathryn C. Loring Michael R. Fleming Joanne Marie Daley 2000 Loren A. Cochran Jeremy T. Marr Christine Z. Freund John James Devenny Cleora S. Anderson Sheila M. Flanagan-Sheils Karyl R. Martin Sharon S. Fry Simone Oscoff Devenny Patricia E. Antezana Darien K. S. Fleming Jeremy C. McDiarmid Kathryn H. Galbraith Peter Armstrong Egan Ashley E. Arroyo Rebecca A. Frost Benjamin M. McGovern Jodi K. Hanover Lisa Denise Gladke John Thomas Bennett Anabelle Perez Gray Jennifer Bombard McGovern Matthew J. Havens Valerie Hope Goldstein John Bentas Aaron A. Harsh Katherine Halpin Moor Catherine A. Henry Gary J. Guzzi Anne M. Bongi Kathleen Devlin Joyce Jeffrey Robert Moran Jr. Anne E. Johnson Vanessa Magnanini Guzzi Ossie Borosh Michael J. Joyce Jonathan P. Newcomb Eric F. Lockwood David Hadas Mary Liz Brenninkmeyer Arielle D. Kane Hanh N. Nguyen Amy K. Lyster Pamela Smith Holleman Eric Chodkowski Joseph M. Konieczny Eamonn J. O’Hagan Jill McCain Christopher Jaap Julia K. M. Conlin Jason L. Kropp Sarah J. O’Leary Ian R. McConnel Barbara T. Kaban Lorie K. Dakessian Sarah J. Melia Brendan D. O’Shea Matthew L. McGinnis Siobhan E. Mee Tamara J. Devieux-Adams Michael P. Murphy Lynette Paczkowski Anne M. McLaughlin Meredith Anne Rosenthal Susan Flanagan-Cahill Nicholas J. Nowak James B. Pfadenhauer Stephen T. Melnick Andrew Jonas Simons Erika Joy Hafner Jeffrey Scott Ranen Tan H. Pham Anthony F. Montaruli Connie Y. Tom Gretchen M. Hunt Jeffrey William Roberts Tracy Piatkowski Kristen Johnson Parker Amanda Buck Varella David Moses Jellinek William L. Seldeen Mary Catherine Pieroni Jeffrey M. Perlman John David Varella Christopher B. Kaczmarek Lance A. Wade S. Khim Rungpry Meyer H. Potashman Pamela Zorn Adams Robert M. Lafferty Nathaniel Burke Walker Anthony Sagnella William P. Saxe Jennifer Madden Emily L. Walsh Matthew D. Saldarelli Katherine Dacey Seib 1999 David Kenneth McCay Mary A. Wilbur Allison C. Schwartzman Matthew Stein Kathleen Lind Berardi Danielle L. Meagher Brian J. Shortt Shoshana E. Stern Wenyu T. Blanchard Kevin M. Meagher 2003 Jeffrey S. Strom Jessica N. Stokes Stacey Denise Blayer Nicole Ciszak Murphy Danielle Porcelli Bianchi Rebecca Talmud-Booke Nisha C. Talwar Larissa K. W. Booras Gregory S. Oakes Ileana M. Espinosa Christianson Elissa G. Underwood Kristie A. Tappan Jonathan Bryan Brooks Suzanne O’Brien Lisa S. Core Geiza Vargas-Vargas Mark G. Toews Heather Boynton Cheney Jennifer Clark Pearson David G. Delaney Bernarda A. Villalona Heidi H. Trimarco Marybeth Walsh Chung Jason P. Pogorelec Beth A. Fitzpatrick Thomas A. Voltero Christopher J. Updike Michael J. Clayborne Brian R. Pollack Claire H. Holland Ashley H. Wisneski Frank M. White Lance L. Davis Elizabeth M. Pyle Derek S. Holland Amy Jane DeLisa Jeffrey J. Pyle Michael J. Kerrigan 2005 2007 Denise Castillo Dell Isola Rebecca O’Brien Radford Greta LaMountain Stacey B. Ardini William F. Appleyard Michaela S. Dohoney Jennifer M. Riordan Amy B. Leonard Jessica Baumgarten Baggenstos Bree Archambault Catherine Collins Egan Joseph Edward Ruccio Kyle A. Loring Steven J. Boyajian Zoe M. Argento Sharifah Faure Stacey Nicole Schmidt Nicholas M. O’Donnell Jason P. Casero Catherine E. Beideman Matthew James Feeley David Gary Sobol Aloknanda Bose O’Leary Charity R. Clark Carolyn S. Bill Jessie McCann Glidden Heather Egan Sussman Carla A. Salvucci Robert S. Finnerty Esther Chang Philip H. Graeter Jr. Meredith A. Swisher Renee Martinez Sophocles Ross E. Firsenbaum Elizabeth A. Chew Jessica Wright Green Amber Anderson Villa Sophocles M. Sophocles David A. Giordano David T. Cohen Meghan Monahan Hart Ingrid White Rory D. Zamansky Lee-Althea S. Griffith Kristine Ann Cummings Christopher D. Hopkins Kevin C. Heffel Leigh E. Cummings Laurie R. Houle 2001 2004 Bradley T. King Elizabeth Scheinfeldt Davenny Cathi J. Hunt Tara N. Auciello Meredith L. Ainbinder John S. Logan Joshua C. Dodd Young Soo Jo Jacob K. Baron Ed Amer Jason P. Makofsky Kathleen E. Dugan Miki Valente Kokka Sunni P. Beville Thomas Ayres John A. McBrine Alison K. Eggers Scott Susumu Kokka Brandon L. Bigelow Anne I. Bandes Stacie M. Moeser Jeremy D. Eggleton Michael Andrew Krasnow Bradley G. Bjelke Sheila L. Bautista Julie A. Muse-Fisher Michael A. Fazio Kristin Laura Lentz Matthew A. Corcoran David T. Beck Jason R. Nelms Thomas A. Franklin Edward K. Lincoln Eric John Dinnocenzo Nathalia A. Bernardo Sydney J. O’Hagan Pamela A. Grossetti William J. Lovett Robert V. Donahoe Adam D. Bovilsky David E. O’Leary Jane C. Harper Amy E. Lowen Laurie Anne Drew Anna Nicole Browand Julia Yong-Hee Park Ilan B. Hornstein Debra K. Lussier Cara Anne Fauci Nathaniel Browand Cesar F. Pereira Patrick J. Hurley Judith Marie Lyons Kevin M. Granahan Scott T. Buckley Joseph C. Perry Derek J. Johnson Christopher M. McManus Timothy W. Gray Jeffrey M. Burns Samuel Roy Weldon Price Joseph F. Kadlec Christopher A. Miller Nicole Horberg Decter Kenneth S. Byrd Christopher B. Primiano Frank C. Kanther Brian M. Monahan Sareena Jerath Connie Chen Amy M. Reichbach Eleftheria S. Keans Christopher H. Murphy Erin M. Kelly Emily G. Chen Gabriel R. Safar Timothy A. Landry Patrick A. Nickler Alisha Marie Lee Courtney E. Cox Susan Ellen Schorr Brian C. Lavin Patrick Joseph O’Malley Michael T. Marcucci Jessica R. Cronin Graham Lisa M. Senay Stuart T. Leslie David Osborne Aislinn S. McGuire Sarah J. Cutchins Beck Nathaniel C. Stinnett Darcy Eden La’akea Levy Krista Green Pratt Christopher M. Morrison Raushanah Daniels Rebecca L. Tobin Michelle B. Limaj Laureen Nicole Price Kurt Michael Mullen Ben N. Dunlap Julia B. Vacek Samantha E. Massie Benjamin Mark Richard Bryan A. Nickels Jeremy A. M. Evans Rosaline Valcimond Jacqueline Mercier

68 BC Law magazine | Fall / Winter 2010 [ R e p o r t o n G i v i n g ]

The Shaw Society—Establish Your Own Legacy at BC Law

This is the annual listing of the BC Law Shaw Society members School; invested at 5 percent, this could produce $2,500 each year. who have included the University and/or Law School in their There are more sophisticated types of legacy gifts that may either estate plans as of May 31, 2010. Each Shaw Society member is very provide donors and their spouses with supplemental income during important to us and every effort has been made to ensure that no their lifetimes or allow them to pass along assets to their heirs with name has been missed or appears incorrectly. If we have omitted, reduced tax liability, while also supporting the Law School. misspelled, or incorrectly recorded a name, we sincerely apologize. Please bring any errors to our attention. Legacy gifts are critical to Boston College Law School’s educational As part of the Light the World campaign, the University has set a mission and are necessary in order for the Law School to compete goal of 5,000 legacy gifts (e.g., bequests, charitable gift annuities, with other institutions for the best and brightest faculty and students. charitable remainder trusts, and lead trusts). The Law School is Currently, only 1 to 2 percent of Boston College’s endowment is committed to securing 500 legacy gifts as part of the larger 5,000 funded with money from realized bequests. By comparison, the goal set by the University. As of this report, BC Law legacy gifts colleges and universities with larger endowments than BC’s are number 86. funded with 35 to 40 percent from realized bequests. Through the Light the World campaign, we plan to solidify Boston College Law A legacy gift to Boston College Law School can be as simple as School as one of the top law schools in the United States. naming the Law School as a beneficiary in a will or retirement fund. It is also ensures donors that their annual giving to the Law If you wish to establish your own living legacy or explore legacy School will continue in perpetuity. For example, those who give giving, please contact Allison Picott, senior associate director of $2,500 each year to the Law School Fund during their lifetime capital giving, by phone at 617-552-8696, by email at picott@ might include a $50,000 bequest provision in their will for the Law bc.edu, or by mail at 885 Centre Street, Newton, MA 02459.

T he s H a w s O c i ety This society is named in honor of Joseph Coolidge Shaw, SJ, who helped found the University through his bequest of books and the proceeds of his life insurance policy. Alumni Hon. James F. Queenan Jr. ’58 James A. Champy ’68 Hon. William P. Robinson III ’75* Peter R. Brown ’81 Russell E. Brennan ’34† Anonymous ’59 James J. Marcellino ’68 Phyllis Cela ’76 William F. Grieco ’81 Anonymous ’43† George G. Burke ’59 Jeffrey P. Somers ’68 Denis P. Cohen ’76 John Tarantino ’81 Joseph C. Barry ’47† Owen B. Lynch ’59 Peter W. Thoms ’68 Robert S. Farrington ’76 Kevin Michael Carome ’82 Lawrence J. Fitzgerald ’47† Anthony R. DiPietro ’60* Anonymous ’69 Edward C. Bassett ’77 Norma Jeanne Herbers ’82 Lawrence S. Flaherty ’47† Anonymous ’60* Robert Costello ’69 Leonard F. DeLuca ’77 Susan Vogt Brown ’83 Walter F. Sullivan ’47 Elwynn J. Miller ’60* William F. Farley ’69 Christopher G. Mehne ’77 Karen G. Del Ponte ’83 Daniel A. Healy ’48 Charles D. Ferris ’61 Edward R. Leahy ’71 Michael J. Puzo ’77 Ellen B. Grieco ’86 John C. Lacy ’48 Anne P. Jones ’61 Anonymous ’72 S. Jane Rose ’77 Christine P. Ritch ’87 Hon. Paul V. Mullaney ’48 Raymond F. Murphy Jr. ’61 Robert C. Ciricillo ’72 Kitt Sawitsky ’77 Megan Elizabeth Carroll ’92 Anonymous ’49† Anonymous ’62 Edith N. Dinneen ’73 Gary M. Sidell ’77 Edward J. Loughman ’93 David R. White ’49† Hon. B. L. Hassenfeld-Rutberg ’65* Thomas T. Lonardo ’73 Leonard E. Sienko Jr. ’77 Don Joseph Julio Cordell ’94 George P. Khouri ’51 Paul J. McNamara ’65* James M. Micali ’73 Ernest Michael Dichele ’78 Juan Alexander Concepcion ’03 Robert W. Blakeney ’52† Donald W. Northrup ’66 Anonymous ’74 Richard Daniel Packenham ’78† John B. Hogan ’52 Robert E. Sullivan ’66 Anonymous ’74 Barry Jay Ward ’78 Friends Julian J. D’Agostine ’53 Jane Tobin Lundregan ’67 Joan Lukey ’74 Mary F. Costello ’79† Marianne Maffei Lord John F. McCarty ’54† William J. Lundregan ’67 Charles S. McLaughlin ’74 Jo Ellen Ojeda ’79 Peter D. Lord Raymond J. Kenney Jr. ’58 Anonymous ’68 Paul A. Delory ’75* John N. Montalbano ’80*

Philip W. Mone Mary K. Allen Andrew H. Everett Adam N. Mueller Meredyth A. Whitford Steven R. Morrison Courtney M. Apgar Courtney P. Fain Michael T. Mullaly Emma C. Winger Larkin M. Morton Adam M. Baker Eleanor E. Farwell Rafael D. Munoz Christine A. Yost Jill T. Oldak Michael E. Baron Melissa A. Galicia Kathryn Beaumont Murphy Jessica Packard Jennifer D. Barron Robert C. Garcia Roscoe J. Mutz 2009 Michael E. Pastore Kiah D. Beverly-Graham Daniel C. Garnaas-Holmes Nicole D. Newman Sabrina L. Acloque Neil F. Petersen Naina A. Bhadra Kristin A. Gerber Rachael E. O’Beirne Alex A. Andalis Charlotte M. Petilla Monique M. Boucher Will W. Gerber Diana O. Olanipekun Mark J. Andersen Ronaldo Rauseoricupero Stephanie A. Capistron Anthony E. Giardino Nathan C. Pagett Daniel P. Artiano Joe Michael Sasanuma Maria M. Carboni Sean K. Glasheen Jose Daniel M. Parames Brian S. Atherton Luke M. Scheuer Mitchel R. Carbullido Paul S. Ham Nicole L. Picard Michael K. Avery Joseph Schott Mary E. Cloues Evan C. Holden Therese A. Scheuer Jeffrey D. Bears Arabela Thomas John P. Condon Aisling A. Jumper Leslie M. Schmidt David M. Biele Katherine M. Weiss Erik T. Crocker Michelle E. Kanter Scott K. Semple John P. Bjork Brian K. Wells Jackson S. Davis Rebecca A. Kaplan Michael B. Steele Taylor F. Brinkman Scott R. Wilson Sean R. Delaney Alexander D. Lazar Jessica Lynne Supernaw Angela M. Bushnell Kate S. Woodall Matthew J. Delmastro Edward B. Lefebvre Adam C. Supple Timothy A. Castelli Anne Austin Zeckser Jill A. DiGiovanni Susan C. Lu William J. Trunk Ben Chapman Deborah Dodge Sara M. Mailander Emily E. Twiss Lindsay K Charles 2008 Eric J. Drury Jennifer Jane Mather Chandler H. Udo David H. Chen George W. Adams Nicolas M. Dunn Nathan L. Mitchell Kevin M. Walker Janet C. Choi

www.bc.edu/lawalumni 69 [ R e p o r t o n G i v i n g ]

Kimberly S. Cohen Austin H. Kim Daniel E. Ostrach Carol Vasconcellos Arthur E. Kimball-Stanley Meredith M. Connolly Rachel A. Kling Matthew O. Page Caitlin E. Vaughn Yevgenia Shtilman Kleiner Patrick J. Connolly Andrew H. Koslow Haley H. Park Michael Philip Visconti III Benjamin J. Krohmal Erzulie D. Coquillon Joshua Krefetz Matthew H. Parker Christina J. Weaver Vanessa C. Krumbein Jill R. Damon Charlene C. Kwan Alok Patrick Pinto Rose S. Whelan Nathan N. McConarty Jessica A. Davis Jason B. Langberg Rebecca L. Pitman Kristen McKeon Whittle Marc J. Metson Mark P. Devincentis Shirley X. Li Nicole M. Prairie Michelle McGuiness Wong Elizabeth Monnin-Browder Justin L. Drechsler Daniel E. Listwa Kelly E. Reardon Daniel J. Wright Kyle G. Montgomery Marissa Dungey Raisa Litmanovich David H. Rho Philip J. Moss Meredith M. Duval Benjamin O. Looker Joanne M. Ricciardiello 2010 Paul L. Navarro Travis M. Emge Kyle A. McClain Ashley E. Roraback Frank Ahn Ashley M. Quigless Austin R. Evers Daniel L. McFadden Rachel E. Rosen Erin Y. Albright Leah Rabinowitz Tara M. Fisher Adam J. McGovern Jed S. Rosenkrantz Todd E. Bluth Elizabeth M. Reitano Stanislav (Stas) V. Gayshan Timothy J. Mclaughlin Jonathan B. Roses Alexandra C. Boudreau Leah A. Roffman Jonathan K. Geldert Candy M. Merrill Eric J. Rutt Michael D. Brier John P. Sefick Mary E. Gribbon Justin J. Millette Michael Y. Saji Seung Bum Choi Priya Sood Alexander B. Grimes Rachel E. Morse Christine V. Sama Adam M. Cooper Ashley Totorica Jianming J. Hao Seth A. Moskowitz Admiral Erik Schneider James T. Durkin Duojin Wang Lea J. Heffernan Beth A. Muir Anastasia K. Schulze Sara E. Farber Aric J. Wong Jane H. Hill David G. Murphy Patrick D. Scruggs D’andre T. Fernandez David M. Horn Matthew Murphy Jeanne D. Semivan Anna V. Froneberger 2011 Marcus Hughes Matthew Thomas Murphy Nishat A. Shaikh Richard A. Gonzalez Alexandra W. Reimelt Kara E. Hurvitz James Nagelberg Lee I. Sherman Mark E. Gordon Victoria T. Ippolito Bene I. Ness Seokyoung Shin Emily Graefe 2012 Lindsay T. Jansen Kevin M. Neubauer Nicholas A. Soivilien Beth C. Grossman Kathryn W. Condon Michael N. Javid Jesse Nevarez Ari N. Sommer Daniel R. Hall Jonathan Romiti Garrett T. Johnston AiVi Nguyen Andrew D. Stjean Kathleen A. Hanahan Kevin C. Quigley Kyle R. Junik Kevin J. O’Brien Peter C. Tipps Stephen I. Hansen Nicole J. Karlebach Bridget K. O’Connell Arianna Tunsky-Brashich Christopher J. Heller Friends Leslie E. Kersey John E. Oh Daniel G. Valles Amy E. Kaufman Alexis J. Anderson

Ways of Giving to Boston College Law School

here are many ways to make a gift or to fulfill a pledge to Boston College Law School. Those most frequently used are listed below. Each has its distinctive benefits, depending on the type of asset contributed, the form of gift selected, and the donor’s age. The Office of TInstitutional Development is prepared to work with donors to fashion the most beneficial gift for the donor, for the donor’s family, and for Boston College Law School.

OUTRIGHT GIFTS charitable gifts, a donor may also actually improve the value of The quickest and easiest way to make a gift is outright, either by the estate he or she wishes to leave to heirs. In the final analysis, check or credit card. Outright gifts have the most immediate benefit the potential advantages of such gift arrangements often enable to the Law School because they can be applied right away to the individuals to make charitable gifts at levels much higher than they purpose for which the gift is intended. thought possible. Outright gifts may also be made using appreciated securities. Many people have stock holdings that have appreciated in value. If some of LIFE INSURANCE these shares were sold, they would be subject to capital gains taxes. Frequently, donors own a life insurance policy that is no longer A gift of appreciated securities allows the individual to avoid capital needed for its original purpose. Such a policy can be contributed to gains taxes on the contributed shares and to be credited with a gift Boston College Law School by irrevocably transferring ownership of valued at the full fair market value of those shares. the policy to Boston College and designating the Law School as the beneficiary. In general, gift credit is given for the cash surrender value LIFE INCOME GIFTS and that value may be claimed as a tax deduction in the transfer year. Federal tax laws provide ways to structure a gift that provides a stream of income to the donor and/or another beneficiary the donor BEQUESTS may name while giving the donor a charitable deduction for his Donors may include Boston College Law School as a beneficiary of or her philanthropy. Among the most commonly used of such gift their estate. Bequests may be made for a specific amount or for a vehicles are charitable gift annuities and charitable remainder trusts. percentage of the residual estate after all specific bequests have been Life income gifts provide an immediate charitable deduction to the fulfilled. donor, even though the Law School’s use of the contributed assets is To discuss any of these options that may be of interest, please contact deferred until the term of the gift vehicle has expired. the Office of Institutional Advancement at Boston College Law School With life income gifts, it frequently is possible to improve the level at 617-552-6263. Donors are encouraged to discuss their philanthropic of the donor’s annual income, even while expressing his or her plans with their attorney or tax advisor, especially before undertaking philanthropic interest in Boston College Law School. Through such one of the more complex approaches.

70 BC Law magazine | Fall / Winter 2010 [ R e p o r t o n G i v i n g ]

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www.bc.edu/lawalumni 71 [ I n C l o sin g ]

Which Shari’a, Which America?

Will we allow ignorance to define Muslims, ourselves?

by Intisar A . R a b b

uring this fall’s midterm elections, a lesser-known ballot initiative appeared in Oklahoma, calling for a ban on the citation of shari’a (Islamic law) and international law in state courts. Question 755 asked voters if they favored an amendment to the state constitution to effect the ban. Seventy percent of the Dvoters said “yes!” The spon- Ashbrook,2 citing Park 51 as sor, state representative Rex an example of an impending Duncan, billed the measure Muslim takeover. And in Sep- as a part of a “save our state” tember, media outlets provid- effort against a bogeyman ed disproportionately exten- who even he admitted was not sive exposure to small-time an actual threat. He dubbed it pastor Terry Jones in Florida a “preemptive strike” against when he threatened to burn what can only be described copies of the Qur’an on the as a hypothetical, exceedingly anniversary of 9/11 (aborted improbable threat of a take- only after a plea from General over of the courts by any David Petraeus). foreign law, much less Islamic law. The Supremacy Much of this rhetoric is steeped in extreme igno- Clause of the federal Constitution1 designates the rance, at best, of Muslims and Islamic law. The com- Constitution, laws made consistent with it, and all mon theme was a fear of Muslims, and by extension treaties made under its authority as the supreme law shari’a, against which “real Americans” were exhorted of the land—rules that judges take an oath to uphold to rally to save our country. But which shari’a? And, and have put into practice for more than 200 years. In more importantly, which America? Unfortunately, point of fact, shari’a is not the primary issue; the issue most Americans do not know what shari’a is; and is what measures like this say about which American those behind the campaign exhibit a narrow vision state we want to save. of America that deviates from our most sacred ide- In some ways, the event in Oklahoma should come als. Recently retired Justice John Paul Stevens said it as no surprise. It follows a summer-long campaign of best, when encouraging participants in the debate over anti-Muslim sentiment, symbolized most notably by mosques and Muslims to take heed: “Ignorance—that the controversy over Park 51, the planned Muslim is to say, fear of the unknown—is the source of most cultural center in midtown Manhattan initially dubbed invidious prejudice....We should never pass judgment the “Ground Zero Mosque.” No matter that the plan on barrels and barrels of apples just because one of was a proposed Muslim cultural center on the model them may be rotten.” of the JCC and YMCA several blocks farther from Such ignorance has consequences. This summer saw the “hallowed ground” than a men’s club, a poker protests and hate crimes directed at mosques in Mus- joint, and other worship spaces (including a mosque). lim communities from Gainesville, Florida, to Temecu- In July, former House Speaker Newt Gingrich kicked la, California, and left the site of a planned mosque in off the campaign with a speech that raised fears about Murfreesboro, Tennessee, burned by an act of arson. an imagined shari’a takeover of America and our Anti-mosque protestors in New York attacked an courts. In August, Congressman Trent Franks (R-AZ) African American man because he “looked Muslim.” picked up those themes on NPR’s On Point with Tom (continued on page 50) i s tock ph oto.com/bari onal

72 BC Law magazine | fall / winter 2010 Before there was , there was “face to face!”

My father, “ sister, and nephew all went to Boston College; this legacy gift gives me an opportunity to say thank you for helping three generations of Micalis. It also gives me a chance to encourage students from South Carolina to come to BC Law School through an endowed scholarship. I worked and lived in that state for twenty-five years, and my BC Law education gave me a skill set for a world I never envisioned: an international business career at Michelin. I grew up in the Boston area and know how wonderful it is here. I feel just as deeply connected to South Carolina. I hope this gift will bring students north for an experience they couldn’t have anywhere else. —James M. Micali” ’73 smit h dana Make a legacy gift to BC Law School today One of the simplest ways to make a legacy gift to Boston College Law School is to include a bequest provision in your estate plan. A bequest may be a dollar amount or a percentage of your residual estate. It is an opportunity to make a substantial gift to the Law School without depleting lifetime assets and is an ultimate expression of your devotion to BC Law. To request sample bequest language or learn more, contact Allison Picott, senior associate director for capital giving, at 617-552-8696 or [email protected]. Boston College Law School Non-profit org 885 Centre Street US Postage Newton, MA 02459-1163 PAID Permit No. 86 White River Jct., VT

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“Where there is charity and wisdom, there is neither fear nor ignorance.” for the past, present & future —Francis of Assisi www.bc.edu/lawschoolfund